Re : EU expert troika visit to Iran
The European Union is presently considering whether to initiate a human rights dialogue with the Islamic Republic of Iran. In conformity with the EU Guidelines on Human Rights Dialogues (December 2001), "any decision to initiate a human rights dialogue will first require an assessment of the human rights situation in the country concerned (…) Amongst other things the assessment will look at developments in the human rights situation, the extent to which the government is willing to improve the situation, the degree of commitment shown by the government in respect of international human rights conventions, the government’s readiness to cooperate with UN human rights procedures and mechanisms as well as the government’s attitude towards civil society" (para 6.1).
We are sending you the present letter in advance of the visit of the EU troïka team of human rights experts, which is supposed to visit Iran at the beginning of October in order to hold exploratory talks with the Iranian counterpart and to assess the opportunity of initiating a specific human rights dialogue with that country.
With regard to ratification of international human rights instruments, the FIDH has taken note of the ratification by Iran last May of the ILO Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention n°182). The next steps should be ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, including the Optional protocol recognising the competence of the CEDAW to receive and consider individual communications. Iran should also be urged to ratify the UN Convention against torture. In addition, the issue of ratification of the Statute of the International Criminal Court by Iran should be systematically raised by the EU, in conformity with the Council common position on the International Criminal Court (20 June 2002). Iran should be invited to complete its ratification process as soon as possible, and to integrate the Statute in its domestic law (the Statute was signed by Iran on 31 December 2000).
Ratification is a first step, but it should be followed by full implementation by Iran of its binding international obligations. With that regard, the FIDH would like to draw your attention on the following issues - without pretending to be exhaustive :
– death penalty
Death penalty is implemented in Iran for ordinary crimes as well as for crimes of opinions. In violation of article 6.2 of ICCPR ("In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes…"), death penalty in Iran applies to many offences : the Iranian criminal Code punishes by death penalty the "fornication of a non-Muslim with a Muslim woman" (art. 82c), "fornication of a single for the fourth time, each preceding time having been condemned to 100 lashing" (art. 90), homosexuality (art. 110), "consumption of alcohol for the third time, each preceding time having been condemned to 80 lashes" (art. 179), armed robbery (art. 185), blasphemy (art. 513), etc.
Death penalty is carried out for crimes committed by minors, in violation of art. 37 of the Convention on the Rights of the Child, and in spite of the recommendations formulated by the UN Committee on the rights of the Child (CRC/C/15/Add.123, 28 June 2000, para. 30) : "The Committee strongly recommends that the State party take immediate steps to halt and abolish by law the imposition of the death penalty for crimes committed by persons under 18". In addition, death penalty is inflicted through hanging and beheading in public (art. 101 of the Islamic Criminal Code) as well as through death by stoning (art. 83 of the Islamic Criminal Code).
A first and determinant step would be "to ensure that capital punishment will not be imposed for crimes other than the most serious and will not be pronounced in disregard of the obligations it [Iran] has assumed under the International Covenant on Civil and Political Rights and the provisions of United Nations safeguards" (A/56/171, December 2001).
However, the final objective must remain the abolition of death penalty.
– other inhuman and degrading treatments
Torture remains widespread in detention places in Iran. Inhuman punishments are imposed in public for moral offences (adultery, etc). Those inhuman treatments include flogging and amputation (art. 201 of the Islamic criminal Code).
The EU should put pressure on Iran in order that it " take all necessary measures to end the use of torture and other forms of cruel, inhuman and degrading treatment and punishment, in particular the practices of amputation and public flogging, and to pursue vigorously penitentiary reform" (A/56/171, December 2001, para g). That recommendation was already included in the Commission on Human Rights last resolution on the Situation of human rights in the Islamic Republic of Iran (E/CN.4/RES/2001/17).
– status of ethnic and religious minorities
The situation of those minorities is particularly preoccupying. Christian, Baha’i and sometimes Sunni minorities are victims of discrimination in the fields of, inter alia, access to higher education (secondary schools and universities), confiscation of properties or religious buildings, imprisonment and restrictions on freedom of movement. According to the last report of the UN Special Representative on Iran, "the Special Representative believes there can be no doubt that the treatment of minorities in Iran does not meet the norms set out in the Declaration on Minorities or in article 27 of the International Covenant on Civil and Political Rights. "(E/CN4/2002/42, 16 January 2002, para. 66).
The EU should insist on Iran "to eliminate all forms of discrimination based on religious grounds or against persons belonging to minorities and to address this matter in an open manner, with the full participation of the minorities themselves, as well as to implement fully the conclusions and recommendations of the Special Rapporteur of the Commission on Human Rights on the question of religious intolerance relating to the Baha’is and other minority groups9 until they are completely emancipated" (A/56/171, December 2001, para d).
The CERD recommended "that the State party take appropriate steps to bring its domestic legislation into full conformity with articles 1, paragraph 1, 4 (b) and 5 of the Convention [on the Elimination of All Forms of Racial Discrimination], and to ensure, in particular, that legal stipulations providing for a difference in treatment do not result in discriminatory treatment based on race, colour, descent, or national or ethnic origin" (CERD/C/304/Add.83, 12 April 2001, para 13).
The Committee recommended as well "that the State party continue to promote economic, social and cultural development in areas inhabited by disadvantaged ethnic and tribal minorities and groups, and to encourage the participation of these minorities in such development" (CERD/C/304/Add.83, 12 April 2001, para 14).
– unfair trials
A bill on the reform of the Judiciary is awaiting approval since two years. It would notably establish an autonomous prosecution body (Parquet). That function is presently exercised by the judges themselves.
As noted by the UN Special Representative on Iran in his last report, "the principal obstacle to reform, to the introduction and nourishment of a culture of human rights, is the Judiciary, its patrons and its supporters (…) It is a group that bears a heavy responsibility for the ongoing violations of human rights in Iran" (E/CN.4/2002/42, 16 January 2002, para 9)
Iran should be urged "to implement judicial reform speedily and completely, to guarantee the dignity of the individual, and to ensure the full application of due process of law and fair and transparent procedures by an independent and impartial judiciary, and in this context to ensure respect for the rights of the defence and the equity of verdicts in all instances, including for members of religious minority groups" (A/56/171, December 2001, para h).
– repression of human rights defenders, lawyers and journalists
The situation of human rights defenders is continuously deteriorating. In the framework of the Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the World Organisation Against Torture (OMCT), our organisation has been dealing with an increasing number of cases of harassment and repression of human rights defenders. You will find below the cases dealt with by the Observatory since January 2002.
Mr. Mohammad-Ali Dadkhah, lawyer at the Teheran Bar and defender of political prisoners, was taken to the Court of First Instance of Teheran on 28 January 2002, in order to respond to a complaint for defamation and fallacious declarations lodged by the President of the Revolutionary Tribunal. This complaint was raised after Mr. Dadkhah defended several political prisoners and journalists in November 2001 that had been arrested during two police raids in March and April 2001. Mr. Dadkhah was dismissed by the President of the Revolutionary Tribunal while defending his clients, and therefore couldn’t ensure their defence until the end of the trial.
On 20 May 2002, Mr. Mohammad-Ali Dadkhah has been sentenced to five months in prison and was barred from practicing law for ten years. The hearing was held behind closed doors and it is therefore feared that it was an unfair trial.
On 18 March 2002, Mr. Nasser Zarafchan, lawyer of Mrs. Sima Pouhandeh, the widow of Mohammed Djafar Pouhandeh, (writer and human rights defender, assassinated in 1998) was sentenced by the Military Tribunal of Tehran, to three years imprisonment for "possession of firearms and alcohol" and to another 2 years imprisonment for declarations made during a press interview on the issue of the assassination of Iranian intellectuals, and to 50 lashes. Mr. Zarafchan’s trial before the Military Tribunal of Tehran had begun on November 3, 2001.
Mr. Zarafchan appealed against the decision of the Tribunal. On 15 July 2002, the decision of the Tehran Military Court confirmed the decision of the tribunal on the case of Mr. Nasser Zarafchan. The appeal before the Supreme Court is not suspensive, which means that Mr Zarafchan could be imprisoned at any time.
On 7 August 2002, Mr. Nasser Zarafchan was eventually arrested and is now detained in Evin prison. His lawyer had asked for the suspension of the execution of the condemnation because of his poor health condition.
On 9 July 2002, Mr. Abdolfattah Soltani was sentenced by the Court of Teheran, to 4 months imprisonment and to 5 years of deprival of the right to exercise his profession. Mr. Soltani is the lawyer of ten political prisoners whose trial took place in March 2002 and no judicial decision has been pronounced up to now. Me Soltani has been sentenced for declaring that his clients had been ill-treated during the interrogation. Mr. Seyfzadeh, lawyer of Mr. Soltani, was sentenced to 4 months imprisonment and to 3 years of deprival of the right to exercise his activity. Both men have appealed against the decisions.
Me Ahmad Sadr Hadjseyed-Djavadi, 84 years, lawyer of the children of Dariush Forouhar, lawyer assassinated at home with his wife in Tehran, in November 1998, by members of the Intelligence, was condemned on 27 July 2002 to 15 lashes and a fine.
He is the eighth lawyer and human rights defenders condemned in Iran during the last two years. Those repeated condemnations represent a worrying threat against the Bar of Tehran. They blatantly contradict the UN Basic Principles on the Role of Lawyers, and in particular its para 16 : "Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics".
In addition, those cases are symptomatic of the very serious violations of freedom of expression in Iran; the FIDH believes that the EU should systematically insist on the full respect by Iran of the UN Declaration on Human Rights Defenders (1998). The EU should also request Iran to invite the UN Special representative of the Secretary General on Human Rights Defenders, Mrs Hina Jilani.
Iran should eventually be urged "to ensure full respect for freedom of expression" and "to enact as soon as possible legislation to ensure that people are not punished for exercising their political freedoms" (A/56/171, December 2001, paras e and i).
– Women rights
"The status of women has improved only in the sense that the demands of women and their supporters are now out in the open. Legislated discrimination remains in the statutes and regulations (…) Patriarchal attitudes remain very much in evidence in such areas as domestic violence and in the resistance to women achieving leadership roles in the public and private sectors" (Report of the UN Special Representative on Iran, E/CN.4/2002/42, 16 January 2002).
"With regard to the physical and verbal abuse of women, particularly in the family setting, the Special Representative has frequently called on the Government to take firmer action to address what is generally regarded as a widespread problem" (E/CN.4/2002/42, 16 January 2002, para 17). "Another area in need of attention is the empowerment of women, specifically including them in senior management and professional positions in government and in the private sector" (para 18) .
Iran was urged by the Human Rights Committee to abide by Article 3 of the ICCPR, in particular regarding discrimination against Women (CCPR/C/79/Add.25/para.13). The CERD further asked "To take further measures to promote full and equal enjoyment by women and girls of their human rights" (A/56/171, December 2001, para b). Iran should therefore be urged to ensure the effective application of these recommendations, and notably, as mentioned above, in taking steps towards the ratification of the UN Convention on the elimination of discrimination against Women.
– Cooperation with UN mechanisms
Cooperation with UN mechanisms is a key criteria of the good will of a government to improve its human rights record.
It is necessary to bear in mind that, in spite of repeated requests by the UN Commission on Human Rights and the General Assembly, Iran never allowed the Special Representative on Iran to visit the country. The last UN Commission on Human Rights failed to adopt a resolution on the human rights situation in Iran, and the mandate of the UN Special Representative on Iran consequently terminated. This situation makes cooperation by Iran with the existing UN mechanisms even more crucial.
With regard to the UN treaty bodies, Iran’s cooperation is unsatisfactory since it has not reported to CESCR and CCPR for almost 10 years. The last recommendations of each of these bodies (E/C.12:1993/7 and CCPR/C/79/Add.25) remain largely ignored. On the positive side, two reports were recently produced to CERD and CRC, thus enabling an in-depth analysis of the various forms of discrimination (A/54/18, paras.294-31) and on the situation of the rights of the Child (CRC/15/Add.123). However, delivering the periodic reports is one side of the coin, the other side being the level of implementation of the recommendations and concluding observations adopted by those bodies. The FIDH therefore considers essential that Iran take fully into account those recommendations.
The UN Working Group on Enforced or Involuntary Disappearances should be able to visit Iran under its own terms as soon as possible. Iran should indeed be urged "to give effect, in the near future, to its invitation to the Working Group" (A/56/171, December 2001, para k and E/CN.4/RES/2001/17). The EU should also urge Iran to accept the request to visit the country issued last week by the UN Special Rapporteur on violence against women.
– Mainstreaming human rights
If the EU decides to engage in a specific human rights dialogue with Iran, the FIDH considers that human rights should nevertheless continue to mainstream all dialogues and discussions with Iran, in conformity with the EC Communication on the role of the EU in the field of HR ("placing a higher priority on human rights and democratisation in the European Union’s relations with third countries and taking a more pro-active approach, in particular by using the opportunities offered by political dialogue, trade and external assistance") and the EU Guidelines on HR dialogues ("the EU will ensure that the issue of human rights, democracy and the rule of law will be included in all future meetings and discussions with third countries and at all levels", para 3.1).
– Measuring results : the necessity of a permanent monitoring mechanism
Human Rights dialogues should enable the creation of a permanent and independent tool of monitoring and evaluation of the progress achieved. To this end, the FIDH believes that the EU should, while developing its dialogue on the one hand, be able to initiate, in both the UN Commission on Human Rights (CHR) and the UN General Assembly (GA), resolutions on the situation of Human rights in Iran, which create, for the CHR, an appropriate monitoring mechanisms, such as a Special Rapporteur.
Indeed such mechanism is the unique way to obtain, from an independent and official source, a bi-annual public evaluation of the evolution of the Human Rights situation. Such an assessment is essential in the undertaking of a workable dialogue, in order to assess the evolutions achieved. Its publicity remains unconditional, for the benefit of the Iranian civil society at large, and of its human rights defenders in particular. Finally, such an initiative fully corresponds to the mandate entrusted with the EU member states sitting at the UN CHR and at the UN GA.
The FIDH urges the EU to address the important issues raised in the present letter with the Iranian authorities, in the framework of the political dialogue as well as on the occasion of the visit of the Troika experts meeting in Iran at the beginning of October. If no concrete steps are taken by Iran in order to address those questions which are raised systematically since years at the UN (CHR and UNGA), it would demonstrate the lack of will of the Iranian government to improve the situation. In that case, initiating a specific dialogue on Human Rights would be worthless and would damage the credibility of the EU.
We hope that you will take into consideration the present suggestions and would be extremely interested to be informed of the results of the EU experts troika visit in Iran.
We keep available for any additional information.
Sincerely yours.
Sidiki Kaba
President
Copy :
Mr Chris Patten, European Commissioner for External Relations
Mrs Myriam Gonzalez-Durantez, Responsible for Iran in Chris Patten’s office
Mrs Barbara Brandtner, Responsible for Human Rights in Chris Patten’s office
Mr Christian LEFFLER, Director, Middle East and South Mediterranean
Mr Patrick Laurent, Head of Unit, Barcelona Process, Gulf countries and Iran, European Commission
Mr Jesper Höstrup, Iran Desk, Commission, External Relations Directorate-General
Mrs Lene Hove, Iran Desk, General secretariat of the Council
Mrs Van den Heuvel, responsible for HR, General Secretariat of the Council
President and Vice-Presidents of the Foreign Affairs Committee of the European Parliament
Members of the Mashrek and Gulf countries Delegation of the European Parliament.