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Comments on the List of Issues United Nations Human Rights Committee Comments on the List of Issues United Nations Human Rights Committee Review of the Islamic Republic of Iran 9 September 2011 International Campaign for Human Rights in Iran www.iranhumanrights.org 1 TABLE OF CONTENTS CONSTITUTIONAL AND LEGAL FRAMEWORK WITHIN WHICH THE COVENANT IS IMPLEMENTED (ART. 2)……………………………………………………………………………………………………………………………………….4 Issue 1 ……………………………………………………………………………………………………………………………4 NON-DISCRIMINATION AND EQUAL RIGHT OF MEN AND WOMEN (ART. 2(1), 3 AND 26) ……….4 Issue 2 ……………………………………………………………………………………………………………………………4 Issue 3 ……………………………………………………………………………………………………………………………4 Issue 4 ……………………………………………………………………………………………………………………………8 Issue 5 ………………………………………………………………………………………………………… ………………10 RIGHT TO LIFE (ART.6) …………………………………………………………………………………………..…………………12 Issue 6……………………………………………………………………………………………………………………. ……12 Issue 7 …………………………………………………………………………………………………………… ……………14 Issue 8 ……………………………………………………………………………………………………………… …………14 Issue 9 ……………………………………………………………………………………………………………… …………15 Issue 10 …………………………………………………………………………………………………………… …….……17 PROHIBITION OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT, RIGHT TO LIBERTY AND SECURITY OF PERSON & TREATMENT OF PERSONS DEPRIVED OF THEIR LIBERTY (ART. 7, 9, 10, 12 AND 13)……………………………………………………… …………………………….……17 Issue 11 ………………………………………………………………………………………………………………….……17 Issue 12 ………………………………………………………………………………………………………………….……21 Issue 13 ………………………………………………………………………………………………………………….……23 Issue 14 ………………………………………………………………………………………………………………….……23 Issue 15 ………………………………………………………………………………………………………………….……24 Issue 16 ………………………………………………………………………………………………………………….……25 ELIMINATION OF SLAVERY AND SERVITUDE (ART. 8) ………………………….…………………………….……30 Issue 17 ………………………………………………………………………………………………………………….……30 Issue 18 ………………………………………………………………………………………………………………….……30 RIGHT TO FAIR TRIAL (ART. 14) …………………….……………………………………….………………………….……30 Issue 19 ………………………………………………………………………………………………………………….……30 Issue 20 ………………………………………………………………………………………………………………….……32 Issue 21 ………………………………………………………………………………………………………………….……34 FREEDOM OF RELIGION AND BELIEF (ART.18)….……..…………………………….………………………….…….34 Issue 22 ………………………………………………………………………………………………………………….……34 FREEDOM OF OPINION AND EXPRESSION (ART. 19) …………………………………………………………….…36 Issue 23 ………………………………………………………………………………………………………………….……36 Issue 24 ………………………………………………………………………………………………………………….……39 Issue 25 ………………………………………………………………………………………………………………….……40 Issue 26 ………………………………………………………………………………………………………………….……40 FREEDOM OF ASSEMBLY AND ASSOCIATION (ART. 21, 22) ………………………………………………….…40 Issue 27 ………………………………………………………………………………………………………………….……40 Issue 28 ………………………………………………………………………………………………………………….……42 Issue 29 ………………………………………………………………………………………………………………….……42 FREEDOM OF MOVEMENT, MARRIAGE, FAMILY AND MEASURES FOR THE PROTECTION OF MINORS (ART. 7, 12, 23 and 25) ………………………………………………………………………..………………….…45 Issue 30 ………………………………………………………………………………………………………………….……45 RIGHT TO TAKE PART IN THE CONDUCT OF PUBLIC AFFAIRS (ART. 25) ………………….…………….…45 Issue 31 ………………………………………………………………………………………………………………….……45 Issue 32 ………………………………………………………………………………………………………………….……45 RIGHTS OF PERSONS BELONGING TO MINORITIES (ART. 27) ……………………………………………….…46 2 Issue 33 ………………………………………………………………………………………………………………….……46 Issue 34 ………………………………………………………………………………………………………………….……46 APPENDICES Appendix I: List of Prosecuted and Persecuted Lawyers ..………………..………………………………….……49 Appendix II: List of Persecuted Journalists ………………..……..………………..……………………………….……55 Appendix III: Publications that have been shut down by the Iranian Government ...…..……………63 Appendix IV: List of 114 Child Offenders on Death Row ..………………..………………………………….……64 Appendix V: Testimony of Ebrahim Sharifi (Survivor of torture and rape) ..……………….…………. …69 Appendix VI: Supplementary List of Tortured Detainees ..……………….…………………………….…………72 Appendix VII: Excerpts of Abdollah Momeni's Letter……………………………………………………………..…74 Appendix VIII: ICHRI Report: Death in Prisons: No One Held Accountable…………………………………76 Appendix IX: Students detained and suspended March 2007-December 2008 ...………….….………80 Appendix X: Detained Women’s Rights Activists ...…………………………………………………..……….……..97 3 CONSTITUTIONAL AND LEGAL FRAMEWORK WITHIN WHICH THE COVENANT IS IMPLEMENTED (ART. 2) 1. Please state whether the provisions oF the Covenant have ever been invoked beFore domestic courts? IF so, please provide details on all cases in which this was done and with what results. Please indicate how article 4 of the Constitution (requiring that all civil, penal, financial, economic, administrative, cultural, military, political and other laws and regulations are based on Islamic criteria) is consistent with the provisions of the Covenant, and explain which provision takes precedence in cases oF conFlict. In the course of its Universal Periodic Review in February 2010, Iran blatantly rejected numerous recommendations made by United Nations member states, asserting that the implementation of such recommendations, which were based on Iran’s international legal obligations, would be inconsistent with "its existing laws, pledges and commitments." NON-DISCRIMINATION AND EQUAL RIGHT OF MEN AND WOMEN (ART. 2(1), 3 AND 26) 2. Please elaborate: (1) why no woman may serve as president oF the country, as per the Guardian Council’s interpretation of the Constitution; (2) why no woman has ever been appointed to the Guardian Council or to top decision-making positions oF the Expediency Council; and (3) why women can not become presiding judges. Please also indicate which measures are being taken to increase the number of women in decision-making positions in the public sector. [Not addressed in this review.] 3. Please indicate whether the State party has any plans to revise the Civil Code to (1) abolish the requirement of a Father’s or paternal grandfather’s approval to legalize a marriage; (2) grant women the unconditional power to divorce; (3) grant Full custody rights to the mother, including aFter a child reaches the age oF seven or iF she remarries; (4) accord guardianship over a child to the mother in the case of the father’s death; (5) grant women the same inheritance rights as men; (6) remove the legal obligation For a woman to be obedient to her husband; (7) remove the requirement of a husband’s approval when a woman intends to leave the country; (8) prohibit polygamy; and (9) remove the power of a man to prohibit his wife from entering employment. Please also provide inFormation on plans, iF any, to adopt legislation giving Iranian women the right to transmit nationality to their children. Laws governing family life; the legal status of women Article 1041 of the Iranian Civil Code stipulates that in order to legally marry, females must be 13 years of age and males must be 15 years of age. If they are younger, marriage is contingent on the approval of their guardians (vali) 4 Article 1043 of the Iranian Civil Code stipulates that males older than 15 may freely choose their wives, whereas females older than 18, are allowed to choose their spouses so long as the female is not a virgin. The legality of their marriage is also contingent on their father’s or the paternal grandfather’s approval or the court’s approval. The Iranian Civil Code was amended in July 2002 by majma’e tashkhis-e maslahat-e nezam i.e. the Expediency Council, increasing the female legal marriage age to 13. Article 1105 of the Iranian Civil Code stipulates that the husband is designated the head of the household by law. Article 1108 of the Iranian Civil Code stipulates that a woman is legally obliged to be obedient to her husband. The Immigration and Passport Regulation of Iran (ratified in 1971) stipulates that a woman cannot leave the country without her husband’s approval. This discrimination is also relevant to Article 12 of the ICCPR as discussed below. Article 942 of the Iranian Civil Code stipulates that a man may take more than one wife. Article 1117 of the Iranian Civil Code stipulates that a man may prohibit his wife from employment. Discrimination in divorce and financial settlement Women and men do not enjoy equal rights to divorce in the Islamic Republic of Iran. Article 1133 of the Iranian Civil Code stipulates that a man has undisputed and unequivocal rights to divorce his wife, while Article 1130 of the Iranian Civil Code stipulates that the mere desire to do so is not enough for a woman to divorce her husband. Inequality in divorce contributes greatly to inequality in post-divorce financial settlements. Nonetheless, some measures have been introduced by women that can improve their rights within the family. One such measure is that women are now introducing certain conditions into their marriage contracts. Marriage contracts allow women to request certain rights, such as the right to divorce, before the marriage takes place. If the man agrees to them, then the woman is entitled to request a divorce from a court whenever she chooses. There are women who convince their fiancées to accept all or some of the conditions. In this manner, they obtain better terms in the event of a divorce. However, such practices in marriage contract negotiation do not replace the need for equality under the pertaining laws, as many men do not agree to these types of conditions. An action the Iranian government has taken that benefits married women is calculating the amount of Mehriyeh, or dowry, relative to inflation in the country. Mehriyeh is the nuptial gift or the marriage settlement given to the woman by her husband-to-be.
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