A/HRC/28/70 Advance Unedited Version Distr.: General 12 March 2015 Original: English Human Rights Council Twenty-eighth session Agenda item 4 Human rights situations that require the Council’s attention Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, Ahmed Shaheed*,** Summary In the present report, the fourth to be submitted to the Human Rights Council pursuant to Council resolution 25/24, the Special Rapporteur highlights developments in the situation of human rights in the Islamic Republic of Iran since his fourth interim report submitted to the General Assembly (A/68/503) in October 2013. The report examines ongoing concerns and emerging developments in the State’s human rights situation. Although the report is not exhaustive, it provides a picture of the prevailing situation as observed in the reports submitted to and examined by the Special Rapporteur. In particular, and in view of the forthcoming adoption of the second Universal Periodic Review of the Islamic Republic of Iran, it analysis these in light of the recommendations made during the UPR process. * Late submission. ** The annexes to the present report are circulated as received, in the language of submission only. GE.15- A/HRC/28/70 Contents Paragraphs Page I. Introduction ............................................................................................................. 1-5 3 II. Methodology ........................................................................................................... 6-7 4 III. Cooperation with the mandate holder .................................................................... 8-10 4 IV. Reprisals against activists ........................................................................................ 11 5 V. Overview of the Civil and Political Rights .............................................................. 12–53 5 A. Right to life ..................................................................................................... 12-16 5 B. Fair trial standards .......................................................................................... 17-18 7 C. Freedom from arbitrary detention ................................................................... 19-20 7 D. Independence of lawyers ................................................................................ 21-26 8 E. Detention conditions and treatment of prisoners ............................................ 27-29 9 F. Freedom of expression and access to information .......................................... 30-36 10 G. Freedom of peaceful assemblies and association ............................................ 37-45 12 H. Freedom of religion or belief .......................................................................... 46-53 13 VI. Economic, social and cultural rights ....................................................................... 54–66 15 A. Economic rights .............................................................................................. 54-58 15 B. Right to health................................................................................................. 59-62 16 C. Landmines ...................................................................................................... 63-66 17 VII. Gender equality and women’s rights ....................................................................... 67–72 18 A. Legislation affecting women .......................................................................... 68-71 19 B. Women in the budget ...................................................................................... 72 20 VIII. Response from the Islamic Republic of Iran ........................................................... 73-84 20 XI. Conclusions and Recommendation ......................................................................... 85-98 21 Annexes I. Supplementary and Additional Information ............................................................ 25 II. List of detained baha’is and student activists .......................................................... 53 2 A/HRC/28/70 I. Introduction 1. The Islamic Republic of Iran participated in a second cycle of the Universal Periodic Review (UPR) in October 2014. A total of 104 delegations presented some 291 recommendations related to rights guaranteed by five international human rights conventions1 ratified by Iran. The majority of these recommendations call on the Government to consider strengthening protections for civil and political rights and to cease practices that violate them. They also encourage the Government to accede to conventions that abolish the use of capital punishment, protect against torture and other cruel, inhuman or degrading treatment or punishment, protect the rights of migrant workers and advance gender equality. Recommendations also pertain to improvements in protections for vulnerable groups, including religious, ethnic, and sexual minorities; encourage the establishment of a Paris Principle-compliant National Human Rights Institute (NHRI); and enjoin cooperation with the United Nations human rights mechanisms. 2. Issues emphasized in the 2014 recommendations mirrored those raised during the Islamic Republic of Iran’s first UPR cycle in 2010. Many recommendations also relate to laws, policies, and practices presented in the Special Rapporteur’s reports since the onset of his work. Related Human Rights Issue 2010 Number Number 2014 UN Special Rapporteur Accepted Rejected Recommendations since 2011 Accession to new treaties 15 0 15 33 1 (CEDAW, CAT, ICRMW, ICCPR-OP2, and more) Cooperation with international 19 8 11 25 8 human rights mechanisms Civil and political rights 93 45 48 94 32 Economic, social, and cultural 40 38 2 58 12 rights Gender equality/women’s rights 14 10 4 52 9 Rights of the child 28 19 11 36 7 Protect the rights of religious 19 8 11 26 5 minority communities Protect/advance the rights of 5 5 4 13 5 ethnic minority communities Protect the rights of members of 3 0 3 12 1 the LGBT community 1 The International Covenant on Civil and Political Rights, the International Convention on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Rights of Persons with Disabilities. 3 A/HRC/28/70 3. Aspects of laws, policies and practices previously identified by the United Nations human rights mechanisms, and that are presented in the current report continue to undermine the Government’s capacity to improve human rights conditions. The use of capital and other forms of cruel, inhumane and degrading punishment persist at alarming rates. This is especially alarming given the frequent application of the death penalty for crimes not considered “most serious” under international human rights law, and considering policies and practices previously identified by the United Nations human rights mechanisms that continue to challenge the administration of justice. 4. A number of draft laws and policies containing provisions that appear to further negate human rights guaranteed by national and international laws are either currently under consideration or have been adopted since March 2014. These include provisions that appear to expand government influence over the media, civil society, political organizations, and the legal community. Policies that further limit economic opportunities for women and that segregate them in the workplace are currently under consideration and/or being implemented. 5. The resulting adverse effects of laws and practices can be observed in reports that continued to emanate from the country this past year about the ongoing arrests of human rights defenders, lawyers, journalists, religious and ethnic minorities, accompanied by open letters and confidential communications received about torture and violations of fair trial standards. Closures of media outlets and severe limitations on the Internet and social media also continue. II. Methodology 6. Information for the present report was gathered during a fact-finding mission to Germany, Norway and Denmark, during which 39 interviews were conducted with victims and activists within the Iranian diaspora. The Special Rapporteur wishes to extend his gratitude to the Governments of all three countries for hosting his visits. Another 28 interviews were conducted with Iranians located inside Iran and elsewhere between July 2014 and January 2015. 7. The Special Rapporteur also reviewed information contained in open letters, confidential communications; news reports and broadcasts produced by domestic media outlets in the country; official statements; information relayed in Government responses to Special Procedure mandate holders’ inquiries; national and civil society stakeholder reports submitted for the Islamic Republic of Iran’s first and second UPR reviews; and reports submitted to the Special Rapporteur by credible human rights organizations. The Special Rapporteur also examined the content of various pieces of draft legislation currently under consideration. III. Cooperation with the mandate holder 8. Twenty-nine communications were transmitted by the Special Procedures to the Government in 2014. This includes 27 urgent actions addressing concerns regarding torture, arbitrary arrest and detention, persecution of religious minorities and reprisals against individuals for alleged contact with United Nations human rights officials (regarding freedom of expression