Law And Human Rights in The Islamic Republic of Iran 1979 The Amnesty International report published in February 1980 is an important document covering the situation of human rights during the emergence of the Islamic Republic of Iran. This was the only time since the Islamic Revolution that Amnesty International was allowed to send a mission to Iran. It worked in Tehran from 12 April to 1 May 1979, during which time it held discussions with ministers of the Provisional Government, personnel of a local Tehran Komiteh, members of the former secular opposition to the Shah, and others. Amnesty International then conducted the study upon which this report is based. It covers the period from February 11th to September 14th, 1979. For this electronic version of the report, the Abdorrahman Boroumand Foundation has remained faithful to the original document. However, it has transformed the chapter notes into endnotes for the whole document. The original pages are indicated manually. On account of its wealth of historic information and careful legal analysis, this report makes for an invaluable resource for the study of the early days of the Islamic Republic of Iran. The Abdorrahman Boroumand Foundation is pleased to make this crucial report electronically available to the public. ______________________________________________________ ______________________________________________________ ارش زن ا، پ ر ١٩٨٠ ، ا در ر و ق در دور رژ ا در اان . ا او و ر د ا از ه را اان . ه ا زن از ١٢ ور اوٌل ١٩٧٩ در اان د و در ا ت، وزرا دو ، ه اﻥب ان، ا ازن ه ر ﺵ و د ااد دار و د . ارﺵان ا از ز، ت د را از را دور ادا دادﻥ . ارش ﻥ ا ه اان و در رد و ق از ١١ ر ١ ١٩٧٩ ا . ، روﻥﺵ اوﻥ ا ارش و ا ا ن ا . دداﺵ ه ه ﺵ اﻥ . ﺵر ت ا ﻥ در ﺵ ا . ا ارش د ر ه د ﻥﻥ و ات ر در ن، ر ارزﺵ ا روزه ﻥ ت ر ا اان ا . د ا و ا روﻥﺵ اوﻥ ا ارزﺵ را ا ﻥ ر را در ار م ار ده. Amnesty International Law And Human Rights in The Islamic Republic of Iran 1979 Law And Human Rights in The Islamic Republic of Iran Amnesty International International Secretariat Southampton Street London WC2E 7HF England A report covering events within the seven month period following the Revolution of February 1979 A 4 AI Index: MDE 13/03/80 February 1980 Amnesty International Law And Human Rights in The Islamic Republic of Iran 1979 [Page Missing] CHAPTER IV Offenses and Penalties ...........................68 • - Contents of Chapter ...............................................69 • - General ..................................................................71 • - Islamic Offences and Penalties ..............................80 • - The Offences Catalogued .....................................103 • - Conclusions ..........................................................116 • - Notes .................................................. .................117 CHAPTER V An Examination of Laws, Adopted and Proposed Creating Further New Offences, Courts and Procedures ..........122 • - Conclusions ..........................................................130 • - Notes ....................................................................131 APPENDICES • - Introduction ..........................................................134 • - A: Post-Revolutionary Executions till 12 August 1979.136 • - B: Non-Capital Sentences till 12 August 1979 ...........171 • - C: Update: 13 August-14 September 1979 ...............189 • - D: International Human Rights Standards ................198 • - E: Some Amnesty International Statements on Human Rights in Iran During the Ten Year Period Preceding the Revolution ..............................................................205 EXPLANATION OF SOME OF THE TERMS USED IN THIS REPORT ........................................................................................215 Amnesty International Law And Human Rights in The Islamic Republic of Iran 1979 CONCLUSIONS AND RECOMMENDATIONS Special courts, known as Islamic Revolutionary Tribunals, were established in Iran after the Revolution of February 1979. Information available to Amnesty International on 899 cases tried by these courts is presented in this report. Amnesty International has repeatedly received reports that the legal procedures employed by the courts are such that accused persons have not received fair trials, that the charges upon which they have been arraigned are often extremely broad and that sentences of death have been frequently passed. In order that these matters could be investigated at first hand, Amnesty International sent a mission to Iran. It worked in Tehran from 12 April to 1 May 1979 during which time it held di scussions with ministers of the Provisional Government, personnel of a local Tehran Komiteh, members of the former secular opposition to the Shah, and others. Amnesty International then conducted the study upon which this report is based. It covers the period until 14 September 1979. On the basis of the mission findings and subsequent study Amnesty International respectfully submits its conclusions and recommendations: Amnesty International : (1) Deplores the fact that many people have been sentenced to death and executed without a fair trial. We note that on 18 October 1979 Ayatollah Khomeini ordered restrictions upon executions and stated that courts must operate in accordance with Islamic practice. (2) Opposes the imposition of the sentence of death in all circumstances. It notes that such sentences have been imposed when not required by Islamic law. (3) Opposes the imposition of sentences of flogging in all circumstances. It notes that such sentences also have been imposed when not required by Islamic law. (4) Emphasises the right of every human being to be free from arbitrary arrest or detention torture or cruel, inhuman and degrading treatment or punishment. It regrets that procedures of arrest and detention have not secured protection against threats to or violations of the physical security and integrity of persons affected by such measures. Arrests have often been affected in a manner inconsistent with article of the Universal Declaration of Human Rights which prohibits arbitrary interference with, inter alia, privacy and the home. Thus: The authorities in Iran should continue to seek to establish clear lines of authority and responsibility such as would effectively prohibit arrest and searches without official warrant or other autho risation on such grounds and in accordance with, such procedures as may be established by law. Amnesty International Law And Human Rights in The Islamic Republic of Iran 1979 (5) Urges compliance with articles 3, 9, and 12 of the Universal Declaration of Human Rights and articles 9(1), 9(2), 9(3) and 9(4) of the International Covenant on Civil and Political Rights. Thus: - No one should be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established by law[p. 1] - Anyone who is arrested should be informed, at the time of arrest, of the reasons for his or her arrest and should promptly be informed of any charges against him or her. - Anyone arrested or detained should be brought promptly before a judge or other officer authorised by law to exercise judicial power and should be entitled to trial within a reasonable time or to release. - Anyone who is deprived of his or her liberty by arrest or detention should be entitled to take proceedings before a court in order that that court may decide without delay on the lawfulness of the detention and order release if the detention is not lawful. - A time limit should be fixed within which a detained person must be charged, tried or otherwise released. - The authorities should immediately inform the family of an arrested person of the reasons for, and place of, detention and grant the family access to him or her. - Detainees should be permitted access to a lawyer and/or other representative of his or her own choice. Free legal aid should be provided in all cases where a detainee is unable to afford and/or to choose his or her own legal representation. - Detainees should be afforded medical treatment whenever necessary. - Bail, when offered, should be of a reasonable, not excessive sum. - The authorities should continue to seek to establish clear lines of authority and responsibility for the treatment of suspects and detainees. [p. 2] (6) Expresses its profound concern that the guarantees necessary for a fair trial are effectively lacking in the procedures of the Islamic Revolutionary Tribunal. (7) Urges compliance with articles 10 and 11 of the Universal Declaration of Human Rights and articles 6(1), 6(2), 6(4), 14(1), 14(2), 14(3)(a), 14(3)(b), 14(3)(c), 14(3)(d), 14(3)(e), 14(3)(f), 4(5), and 15 of the International Covenant on Civil and Political Rights . It also draws the attention of the Government of the Islamic Republic of Iran to United Nations Amnesty International Law And Human Rights in The Islamic Republic of Iran 1979 General Assembly Resolution 2393 (XXXIII) of 26 November 1968 and 2857 (XVI) of 20 December 1971 concerning the death penalty. Thus the following basic rights should be afforded all defendants: - The right to know in detail and exactly the charges against one. - The right to be presumed innocent until found guilty by a competent and impartial tribunal in accordance with law. - The right to a fair and public trial. - The right to present evidence and to call witnesses in one's own defence. - The right to examine, or have examined, the witnesses against one and to obtain the attendance and examination of witnesses for the defence under the same conditions as witness for the prosecution. - The right to communicate with counsel or a representative of one's own choosing and be represented in court by same. - The right to adequate time and facilities for the preparation of the defence case. - The right to a decision based on the true merits of the case as established by the evidence. - The right to have the decision rendered in public. - The right of appeal. (8) Emphasises that every accused per son in Iran should only be tried for crimes, the clear and well-established meaning and content of which are determined in advance by law.