IITED \TIONS GeneralAssembly Distr. GENERA,L L/ 44/ 620 2 Novenber 19 89 ENGLISH ORIGINAL3 ENGLISH/SPANISH Forty-fourth session Aqenda item 12 REPORT OF TIIE ECONOMIC AND SOCIAL COUNCIL situation of human riohts in the Islanic ReDubtic of Irarr Note by the Secretarv-General The Secretary-General has the honour to transmit to the nembers of the Getteral Assembly the interim report prePared by Mr. Reynaldo Galinalo PohI (EI Salvador), Special Representative of the Conmission on Hunan Rights on the situation of huma4 rights in the Islarnic Republic of, lran, in accordance with paragraPh 14 of Commission on Human Rights resolution 198q/66 of 8 March 1989 antl Econonic and Social Couacif, decision L989/L48.of 24 May 1989. 89-27L47 r.298h (E) ANNEX Interitn report on the situation of humat riqhts in the Islamic RepubLic of Iran, prepared by the Special- Representative of the Cotnmission on Hurnan Rights ip accordance trith Conmission resolution 1989/66 and Ecoromic and Social Council decision L989/L48 CONTENTS Paraqraphs Page I. INTRODUCTION 1-6 4 rI. COMMI'NICATIONS WITII TIIE GOVERNMET.XT OF THE ISLAMIC REPUBLIC OF IRAN 7 -]-6 5 A. Written cornmunications ,.... 7 -L4 5 B. Couversations wilh reprosentatives of the fslamic . Republic of Iran 15-16 L2 III. INFORMATTON AVAILABTE TO TITE SPECIAL REPRESEMTATIVE ....... 17-89 13 A. Oral. infornatioa ... u-57 13 1. Witnesses presented by armed opposition groups .... 2L -43 13 2, witnesaes trhose appearauce was facilitateal by the Iranian Govermelt 44-52 L7 'lo 3. Baha.i witnesses ... 53 - 57 B. Written information 58 - 89 20 1. Information provided by the Iranian covernment ,,,. 59-62 20 Z. Infornabion provided by other sources 63 - 89 2I (a) Right to Life .. 63 - 73 2l (b) Right to freedom from torture or cruel, inhuman or degrading treatnent or punishment . 74 - 78 23 (c) Information concerning the situation of folLowers of the Baha,i faith . 79 - 89 23 IV. COII,o,IENTS AND VIEWS OF THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN 90-96 26 V. GENERAL OBSERVATIONS 97 - L29 28 -2- CoNaENTS ( continueil) Paoe Appendices I. NAMES AND PARTICULARS OF PERSONS ALLEGEDLY EXECIXTED IN THE ISLAMIC REPUBLIC OF IRAN IN THE SECOND HALF OF 1988 AND AHE BEGINNING OF 1989, SUPPLEMENTARY TO THE IIST CONTAINED IN DOCWENT E/CN.4/L989/26' LIST PROVIDED BY NON-GOVERNI\,IENTAL SOURCES ... '. ' " 1 ]I. NAMES AND PARTICULARS OF PERSONS VICTIMS OF TERRORIST ATTACKS, LIST PROVIDED BY TITE IRANIAN GOVERNMENT ..... ... 1 III. LIST OF NAMES AND PARTICUTARS OF PERSONS AtIEGEDLY ARRESTED, REARRESTED OR EXECII1ED PROVIDED BY A WI1NESS 1 IV. OPEN LETTER PROVIDED BY A WITNESS 1 -3- INTRODUCTION 1' At its forty-fifth session' the connission on Human Rights decitted. by its resolution 1989/66 of 10 Malch l98g, to extend the tnandate RePresentative, of tne Specia:. as contained in connission resolution rgg4,/54 0f 14 March r9g4, for a further year and requested the Special Representative to present report to an interim the General Assembly at its forty_fourth session on the human rights situation in the Isfamic Republic of lra!, and a final its forty-sixth report to the Conmission at session (para. 14). ID its decision f9B9/148 of 24 May 1989, the Economic and SociaI Councif endorsed that resolution. 2' Previously' the ceneral had decided, by its resolution I Decenber l-988, ^ssembfy 43./137 0f to keep under consideration the situation of humau rights in the rsfanic Repubric of rran during its forty-fourth inforrnation session on the basis or additionaf that night be presented to tire Commission on Human Rights and the EcoDornic and Sociat Councit (para, 13). 3' rn compr'iance with paragraph 14 0f comrnission on Irunan Rights resolution 1989/66 and in response also to the GenelaL question Assenbt.y,s decision to keep the uuder consideration on the basis of additional inforrnation, tie special RePresentative subrnits herewith bis iuterim report in the rslanic on the situation of hurnan rights Repubric of rran. The General i,ssemrty welcomed the intention of the Special. Representative to consider several issues pertaining systern in to the legaf the fslamic Republic of Iran (resolution qltlZl , p"r.l 01. In that connection, the Speciaf Representative states that his cornmission finai report to the on lrunan Rights at its forty-fifth session inctuded an anarysis of that question (E/CN.4/L989/26, paras. 22_57,), 4. As in previous years, the interim report concentrates communications on oral and written with government officiars and on events involving human rights the Islanic Republic in of Iran and thei! repercussions in the internationaf sphere and concJ-udes with general observations. In his Representative final report the Special intends to consider more generaJ. questions, both factual and doctrinal, including the points of view contained in the letters from the Deputy Minister for Foreign Affairs transmitted on 26 June and rz september 1989. which are reproduced in this report, and the official. opinions nonths, particutarly to be presented in coning those refating to the application of international instruments such as the universar Decraration of trunan niirrts well arra internationar conventions, as as the declarations which may be made by the covernment of the fslanic Republic of Iran before the termination of his rnandate. 5' rn order to faciritate comparison, this interirn report is arranged in the saffe way as previous reports, and is accordingly divided into five sectioisr introduction (sect. I), comrnunications between the Goverriment Republic of the fslamic of Iran and the Special Representative (sect. II), written and ora.l information received by the special Representative after (sect. fII), the renewal of his nandate considerations regarding opinions expressed by the Governrnent of the rslamic Republic of rran during the aislussion of the item Human by the corrunission on Rights (sect. IV), general observations (sect. v) and annexes. The special 9' Representative lrishes to point out that, as in previou' years, the interim report has been planned and written as the first part owing of the final report, to the relatively short interval between the preparation of the two reports. -4- II. COMMUNICATIONS WITH THE GOVERNMENT OF THE ISLA}IIC REPUBLIC OF IRAN A. writeen coffnunications 7. On 15 March 1989, the Charg6 d'affaires of the permanent Mission of the rsramic Republic of rran to the united Nat.ions office at Geneva addressed the following letter to the Special Representativel "In reference to paragraphs 11 and 12 of your finaL report on ttrs human rights situation in the Islamic Republic of Iran to the 45th Session of the coftnission on lLrman Rights, document. ElcN.4/!989/26, encl.osed please find the English translation of the text of a letter by Mr. saeed shahsavandi, former nember of the Central Connittee of the ,Mujahedin Khalq Organization. to Le Monde, dated l-5 February 1989, Mr. Shahsavandi was captured while taking part in the MKo,s nititary incursion into the territory of the Islamic Republic of Iran in July 1998.,' For a suntnary qf the letter referred to above, see paragraph 61 below. 8. By note verbale, dateat 26 .Iune 1989, the permaneat Mission forwarded to the Special Representative Eh6 following letter aaldressed to him by Mr. Mohatnmaal l{ossein Lavasani, Deputy Minister for International Affairs: "fn reference to your report No. E/CN.4,/L989/26 datett 26 January 1989, regarding [the] situatiou of human rights in Iran, the Ministry of Foreign Affairs of the rslamic Republic of rran wishes to draw your attenEion to the f,oLLowing observations on reconmendations and suggested fteasures regarding the 'peniling problens' as itemized in paragraph Z? of the aforetnentioned report. "L. The Islanic Republic of fran,s extension of ,full co-operation to the Special Representative for a tsota1 fulfillment of his mandate, includitg a visit to the Country'. "It must be recall.ed Chat before bhe preparation of the fiual report and the subrnission of the suggestions aad reconnendations to the 45th session of Comrnission on H'man Rights, the Islanic Repubtic of Iran as an innovative measure, originally proposed Che adoption of a consensus, instead of a biased and political.ty notivated resolution, under which the Islanic Republic of Iran wourd have been committed to f,utly co-operate nith the special Representative in all. respects. "Unfortunately, however, this proposal which was airneil in all honesty at removing the sEalernate in resolving the ,pending probl.ems' was sirnply ignored, onl-y to satisfy the political mobj.vations of certain malignant Western sponsors of the resoLution, "It is, therefore, quite st.range that the subject of Iran,s fult co-operation vith the Special Representative is not onLy repeated here in the report but also reconrnended 'as a matter of urgency', lrithout even al,luding in passing to the self-serving, obstructionist policies of certain sponsors of the resolution. -5- "2. Investigating 'al1 aflegations of hunan rights violations and (reporting) in detail on the results of such investigation'. "Lists such as the one in the annex to the report No. E,/CN.4,/1989/26 of the Speciaf Representative could very easily be prepared by any opposition group who bear no commitment to the Constitutj.on and respectable values of the count'ry. "Definitely, the Islamic Republic of fran cannot., and $rill not. hold itself cornmittetl to answering aLlegations originated frorn certain terrorist groups and war-time traitors who have brutally murdered, through self-professed terrorist as welL as nilitary operation, thousands of defendants of their own.country and feLLow counLr!'rnen, and have treacherously engaged in espionage activities for the enemy. "So long as the Commission's inforrnation is virtuaLLy based on the self-serving, politically notivated aflegations of certain armed terrorists to the extent that 7 out of 8 so-ca]1ed witnesses and clairnants of hunan rights violations in Iran bear their rnenbership in the armed, fifth-cofumn group of hyPocrites, i,e, the self-proclairned Mujahedeen, there remains no room for responding to such baseless al.legations.