United Nations

A/50/661


General Assembly

Distr. GENERAL  

20 October 1995

ORIGINAL:
ENGLISH


Fiftieth session
Agenda item 112 (c)


HUMAN RIGHTS QUESTIONS:  HUMAN RIGHTS SITUATIONS AND REPORTS
OF SPECIAL RAPPORTEURS AND REPRESENTATIVES

Situation of human rights in the Islamic Republic of Iran

Note by the Secretary-General


  The  Secretary-General has the  honour to  transmit to the  members of the
General  Assembly  the  interim  report  submitted   by  Mr.  Maurice  Danby
Copithorne  (Canada), Special  Representative  of the  Commission  on  Human
Rights on the situation  of human rights in the Islamic Republic of Iran, in
accordance  with  paragraph  12  of Commission  on  Human  Rights resolution
1995/68 of 8  March 1995 and  Economic and Social Council  decision 1995/279
of 25 July 1995.























95-31993 (E)   271095/...
*9531993*
ANNEX

              Interim report on the situation of human rights in the
              Islamic Republic of Iran, submitted by the Special
              Representative of the Commission on Human Rights in
              accordance with Commission resolution 1995/68 and
Economic and Social Council decision 1995/279


I.  INTRODUCTION

1.   On 23  December 1994, the  General Assembly  adopted resolution  49/202
entitled "Situation  of human  rights in  the Islamic Republic  of Iran"  in
which, inter alia, it  decided to continue the  examination of the situation
of human rights in  the Islamic Republic of Iran, including the situation of
minority groups, such as the Baha'is, during its  fiftieth session under the
item entitled "Human rights questions", in  the light of additional elements
provided  by  the Commission  on Human  Rights and  the Economic  and Social
Council (para. 15).  The General Assembly expressed its concern at the  main
criticisms of the former Special Representative  in his recent reports  with
regard to the human  rights situation in the Islamic Republic of Iran (para.
3).

2.  At its  fifty-first session, the Commission  on Human Rights decided, by
its resolution  1995/68 of 8 March  1995, to extend for  a further year  the
mandate  of   the  Special  Representative,   as  contained  in   Commission
resolution 1984/54  of 14 March  1984 (para. 11)  and requested  the Special
Representative to submit  an interim report to  the General Assembly at  its
fiftieth  session on the  situation of human rights  in the Islamic Republic
of Iran, including  the situation  of minority groups  such as the  Baha'is,
and to report  to the Commission at its fifty-second session (para. 12).  In
its  decision 1995/279  of 25  July 1995,  the  Economic and  Social Council
endorsed that resolution.

3.    By letter  dated  28  March 1995  addressed  to  the  Chairman of  the
Commission on  Human Rights,  the former  Special Representative,  Professor
Reynaldo Galindo  Pohl  (El Salvador)  resigned  from  his functions,  after
serving the Commission  on Human Rights for nine  years.  On 2 August  1995,
the  Chairman of the Commission appointed Professor Maurice Danby Copithorne
(Canada)  as Special Representative of the Commission on Human Rights on the
situation of human rights in the Islamic Republic of Iran.

4.   The Permanent  Representative of the  Islamic Republic of  Iran to  the
United Nations  Office at  Geneva transmitted  three communications dated  8
May, 23 May and  30 June 1995 to  the Special Representative, giving replies
to some  of  the allegations  contained in  the previous  interim and  final
reports  of the Special  Representative (A/49/514,  annex, paras.  6, 7, 27,
28, 62,  77 and 79  and E/CN.4/1995/55, paras.  20 and  36).  The  texts are
appended to the present report.


 II.  PRELIMINARY REMARKS  

5.   The Special  Representative is  honoured to  have been  invited by  the
Chairman   of  the  Commission   on  Human   Rights  to   serve  as  Special
Representative on the situation  of human rights in the Islamic Republic  of
Iran.   He accepted this  invitation and as of the date  of this report, has
made a  brief visit to the  Centre for  Human Rights at Geneva  to begin his
familiarization of the area covered by his mandate.

6.  At this time,  the Special Representative wishes to  pay tribute to  his
predecessor, Professor Reynaldo  Galindo Pohl, whose devoted attention  over
many  years  to  this  mandate  has  set  a  high  standard.    The  Special
Representative  will  be  studying  Mr.  Galindo  Pohl's  reports  with  the
greatest care.

7.   The  Special Representative  will also  be reviewing  most closely  the
relevant debates and resolutions of the  General Assembly, of the Commission

on Human Rights and,  more generally, the expectations of the Commission and
the  General   Assembly  with   respect  to   special  representatives   and
rapporteurs.   The  Special  Representative will  also  familiarize  himself
generally with  the contemporary environment  as it may  be relevant to  his
mandate.

8.  Since Mr. Galindo Pohl's final report to the  Commission on Human Rights
earlier this year  (E/CN.4/1995/55), a significant number of  communications
have been received by the Centre for  Human Rights for the attention  of the
Special Representative.    They come  from  the  Government of  the  Islamic
Republic  of Iran  (see annexes)  and from  non-governmental  organizations,
groups  and individuals  within and  outside  the  Islamic Republic.   These
communications reflect important concerns and will need careful scrutiny.

9.   Also high on the  Special Representative's priority list is  a visit to
the   Islamic  Republic  of   Iran.    In  a   meeting  with  the  Permanent
Representative of the  Islamic Republic of Iran to the United Nations Office
at Geneva  on 4 September  1995, the  Special Representative made  a request
for  such an invitation.   He subsequently  repeated this  request by letter
dated  6 September  1995.   As  of  the date  of  this  report, the  Special
Representative has not received a reply to his request for a visit.

10.  At this stage,  the Special Representative considers that he is not  in
a position to discuss  questions of substance in  this report.   However, he
expects to make a  substantive report to  the Commission on Human Rights  at
its fiftysecond session and trusts that  such report can include  first-hand
impressions  and findings obtained during a visit to the Islamic Republic of
Iran.
APPENDIX I

         Letter dated 8 May 1995 from the Permanent Representative of the
         Islamic Republic of Iran to the United Nations Office at Geneva
         addressed to the Special Representative of the Commission on
         Human Rights on the situation of human rights in the Islamic
Republic of Iran


  In response to  your request, I have the  pleasure to draw your  attention
to the following information received from Tehran:

  (a)  Hengameh  Amini in a letter to Nimrouz weekly news  printed in London
announced that  the Mojahedin Khalgh Organization members prevented her from
talking to  her  mother  by  telephone.   The  reason  she was  summoned  by
judicial  officials  was  due  to  charges  made  by  her  brother regarding
possession of some antiques left by their mother (Marzieh);

  (b)   Nasrollah Tavakkoli  was arrested  on charges  of insurgency against
the security  of the State  and was released in October 1993  on bail by the
relevant court;

  (c)   Davood  Mozaffar  was  arrested  on  charges of  illegal  export  of
unauthorized goods (claimed by  the Ministry of Finance and Economy).  On 25
January 1995 he was found not guilty and was released;

  (d)    Zainab  Ghovati  was  arrested  because  of  involvement  in  armed
insurgency and violation of  public order in 1985 and was sentenced to  life
imprisonment. Later  on, in January 1994,  she was pardoned  by the relevant
officials;

  (e)    Zahra  Falahati  was  brought  to  trial  in  1982  on  charges  of
involvement in armed  insurgency against the security of the country and was
sentenced to six years' imprisonment.   In July 1982 she was pardoned.   She
was arrested again in 1988 and after  thorough legal procedure was sentenced
to death in June 1988;

  (f)   According to investigation there is no record about Mohammad Sepehr.

Therefore, any allegations about him are categorically refuted;

  (g)  Houshang Amjadi  Bigvand was arrested on  charges of espionage  on 19
October  1988  and  after  legal  proceedings  was  sentenced  to  10 years'
imprisonment.   He  is  serving  his sentence  in  jail.   He  is  presently
undergoing medical care due to an ulcer ailment;

  (h)  Mohammad Ali Amouie was sentenced to life imprisonment on charges  of
espionage.   Due to his age, he  has been provided  medical care outside the
prison since last November;

  (i)   According to a report and a diagram  submitted by the highway police
inspectors of  Hormozgan Province police  district after  conducting an  on-
site inspection of  the accident on 19 July  1994, Haj Mohammad Ziaie's  car
was overturned  from (rolled over)  an approximately 45-metre-high cliff due
to speeding on  a sharp curve, 70 kilometres  away from Bandar Lengeh in the
north.   Therefore, the  allegations surfaced  in the  Amnesty International
bulletin  published in London on  11 November 1994  are totally baseless and
are categorically refuted.  In  the meantime, I  would like to refer you  to
paragraph 47 of our response last year to the Special Rapporteur;

  (j)   Abbas  Amir  Entezaam,  son of  Yaghob, was  arrested on  charges of
espionage.  According to legal procedures, he was tried publicly and in  the
presence of  the attorney and  witnesses in the  court.   The late Bazargan,
the then  Prime  Minister of  the Provisional  Government  of  Iran, had  an
active presence during his trial which was video-taped and aired by  Iranian
television;

  (k)   About  Mr.  Ali Akbar  Saiidi Syrjani,  I would  like  to draw  your
attention to the following information received from Tehran:

  "Referring to  letter No. 72/4838 dated  73/9/7 regarding  the death cause
of  Ali  Akbar  Saiidi Syrjani  subject of  burial  permit no.  73/5704, our
comment is as follows:

  With regard to the examination of the body and its autopsy and the  result
of pathology  and negative  result of  toxicology, therefore,  the cause  of
death  of the aforementioned  individual is  determined to  be from internal
disease (cardiac/respiratory  and expanded  blood vessels'  disease and  its
complications).

on behalf of             
Dr. Hasan Toufighi       
Director, Coroner's Office

Dr. Naseh"               

  Please accept, Sir, the assurances of my highest consideration.


(Signed)  Sirous Nasseri    
Ambassador      
Permanent Representative
APPENDIX II

           Letter dated 23 May 1995 from the Permanent Representative of
           the Islamic Republic of Iran to the United Nations Office at
           Geneva addressed to the Special Representative of the
           Commission on Human Rights on the situation of human rights in
the Islamic Republic of Iran


  Following our reply to  your report last year  to the General  Assembly, I
would like to draw your attention to the following  information about Zohreh
Izadi received from the judiciary Coroner's office in Tehran:

  In response to the  inquiry made by  the Tehran Prosecutor General  Branch
17, in its letter dated  26 May 1994, regarding the case of the late  Zohreh
Izadi,  the Medical  Commission  held a  meeting  in  August  1994 with  Dr.
Mahmoud  Amoui  ID No.  24949,  Dr.  Seyed  Rahmatulah  Mir Safaie,  Expert,
Coroner's  Office, Dr.  Faramarz Godarzi,  Deputy, Coroner's  Office ID  No.
2575  and Dr.  Zareh ID  No. 157/3  in the  presence of  Mr. Zarinkafsh, the
Prosecutor General.

  At  the  beginning,  the  autopsy  report   and  negative  result  of  the
toxicology was read in the meeting.  Then the penal record was reviewed  and
the explanations of the relatives of the deceased were heard.

  At  the  end of  the  discussion  among  the  above-mentioned experts  the
following responses were given to the inquiries made by the prosecutor:

  (a)   All the effects on the body of the deceased were caused when she was
alive and none of them were caused after her death;

  (b)  The  effects were  caused because  of her fall  from a height;  there
could be no other possibilities;

  (c)   The fall was on  the left side  of the body.   The effects that  are
visible on the right side of the body are regarded as the secondary  effects
of the fall;

  (d)  The lack  of apparent dark blue  spots on the body,  noting the  bone
fractures  and deep blood coagulation and internal bleeding in the chest and
abdomen, do  not reject  that the cause  of death  was falling  down from  a
height. It is  very much possible in such  cases that the internal  injuries
may cause the death while there are no visible spots or effect on the skin;

  (e)   Though  it could  not  be possible  to categorically  determine  the
height, but noting the severity of the injuries  it was certainly more  than
5 metres;

  (f)   There were some minor  injuries on the upper  chest and neck  areas,
but they are far  from the normal  effects caused by suffocating.   Since in
autopsy  there were  no injuries  on the  sensitive areas  of the  neck  and
respiratory system, the probability of suffocation  is rejected.  Noting the
shape  of the  injuries  and  their sites  in the  body, the  probability of
fighting is also rejected.


(Signed)  Sirous Nasseri    
Ambassador      
Permanent Representative
APPENDIX III

          Letter dated 10 June 1995 from the Permanent Representative of
          the Islamic Republic of Iran to the United Nations Office at
          Geneva addressed to the Special Representative of the Commission
          on Human Rights on the situation of human rights in the Islamic
Republic of Iran


  Following the  murder of  the Iranian  Pastors, Rev.  Mickailian and  Rev.
Dibaj, in which  the Judicial Authorities  of the  Islamic Republic of  Iran
conducted an immediate and thorough investigation to  bring the perpetrators
to justice, the trial of the accused, Farahnaz Anami, Batoul Vaferi  Kalateh
and Maryam Shahbazpoor, has been held in Tehran on Sunday, 18 June 1995.

  The trial has  been attended by local and  foreign journalists as well  as
representatives from  various countries.  A  number of witnesses,  including
Mr.  Hamid Rezaie, the  person in  charge of the house  agency through which
the accused rented the house, the mother and sister of Farahnaz Anami,  Rev.
Iraj  Mutahede,  Pastor  Dimitri  Blus  and  his  wife,  have  so  far  been

questioned by  the prosecutor  and cross-examined  by the  attorneys of  the
accused.

  The trial is expected to take some time before reaching a verdict.


(Signed)  Sirous Nasseri    
Ambassador      
Permanent Representative


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