آقای جاوید رحمان گزارشگر ویژه سازمان ملل متحد در باره حقوق بشر در جمهوری اسلامی ایران،آخرین گزارش از وضعیت حقوق بشر در ایران را جهت تقدیم به چهلمین نشست شورای حقوق بشر تدوین و منتشر کرد. در گزارش ِ گزارشگر ویژه نقض حقوق بشر در جمهوری اسلامی، از جوانب مختلف مورد بررسی قرار گرفته است. از جمله موارد نقض حقوق بشر که در گزارش به آنها اشاره شده عبارتند از :
1- اعدام کودکان زیر سن قانونی.
2- بازداشت بدون طی کردن روند قانونی.
3-زندانی کردن افراد با اتهامات کلی و غیر مشخص
4- شرایط نامناسب زندان
5- اعمال شکنجه برای گرفتن اقرار
گزارش کامل گزارشگر ویژه در زیر آورده شده است.
Human rights situations that require the Council’s attentionSituationof human rights in the Islamic Republic of Iran
Reportof the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran*SummaryThe present report, submitted pursuant to Human Rights Council resolution 37/30, comprisestwo parts.In thefirst part, the Special Rapporteurdescribes how the protests in the Islamic Republic of Iran reflect long-standing grievances related to human rights. An amendment to the drugtrafficking law has led to a decline in executions. Nevertheless, increasing economic challenges have intensified grievances, which may be exacerbated following the reimposition of unilateral sanctions. Discontent has been expressed through disparate protests by different groups across the country. The Government has introduced some measures aimed ataddressingeconomic challenges, but the arrests of lawyers, human rights defenders and labour activists signal an increasinglysevere State response.In the second part, the Special Rapporteur describes how the execution of child offenders in the Islamic Republic of Iranhas continued over decades in violation of the country’s international human rights obligations. Girls can besentenced to death as young as 9and boys as young as 15. Despite amendmentsto the Penal Code and practical efforts aimed at reducing the executions, at least 33 child offenders have been executed since 2013. The Special Rapporteur makes a number of targeted recommendations to the Parliament and the judiciary with a view to endingsuch executions.*Agreement was reached to publish the present report after the standard publication date owing to circumstances beyond the submitter’s control.United NationsA/HRC/40/67General AssemblyDistr.: General30January 2019Original: English
A/HRC/40/672I.Introduction 1.The present report, submitted pursuant to Human Rights Council resolution 37/30, is divided into two parts. The first part describes anumber of pressing human rights concerns in the Islamic Republic of Iran. The second part examines the execution of individuals who were children (persons below 18 years of age1) at the time of the alleged commission of the relevant offence (hereinafter referred to as “child offenders”2) in the country.2.Since his appointment, the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran has met with numerous victims of alleged violations, relatives of victims, human rights defenders, lawyers, and representatives of civil society organizations, including in Germany and the United Kingdom of Great Britain and Northern Ireland. The Special Rapporteur travelled to Geneva and to New York to present his most recentreport3to the General Assembly. During these missions,he met with representatives of the Permanent Mission of the Islamic Republic of Iran to the United Nations and other interlocutors. The Special Rapporteur has reviewed written submissions and information submitted, and government statements and reports, legislation, media reports, and reports of international human rights mechanisms. The Government has provided comments on the Special Rapporteur’s reports. The Special Rapporteurthanks all interlocutors and officials forthe cooperation extended and information submitted. 3.In 2018, special procedures of the Human Rights Council issued 14 communications, 3of which were replied to by the Government. In order to further engagement, the Special Rapporteur reiterates his request to visit the Islamic Republic of Iran.II.Human rights situation 4.The current human rights situation has been characterized by the Government’s response to increasing economic challenges, sanctions, and long-standing human rights concerns. Widespread protests in December 2017 and January 2018 morphed into disparate protests driven by falling living standards,high inflation,perceived misallocation of public funds,delays in the payment of salaries,and challenges in accessingwater,among other issues. The reimposition of sanctions heightened tensions. 5.The Special Rapporteur is disturbed by indications of an increasingly severeresponse to the protests, amidst patterns of violations of the right to life, the right to liberty and the right to a fair trial. An increasing number of human rights defenders, lawyers, journalists and labour activists are being arrested or harassed. TheHead of the Judiciary publicly describedthe protests as “sedition”aimed at “dragging people to the streets to target the very foundation of the Islamic Republic”.4A.Right to life 6.The Special Rapporteur remains concerned at the extensive use of the death penalty,despite positive developments. From January to October 2018, 207 persons were reportedly executed, in comparison to 437 for the same period in 2017.5Thedecline largely resulted from an amendment to the drugtrafficking law in November 2017,which reduced executions related to drug offences. As a result, punishments for certain drug offences were retroactively amended from the death penalty or life imprisonment to a maximum prison term of 30 years. The quantity of drugs required fora death sentence to be imposed was also increased. 1The Committee on the Rights of the Child has consistently recommended that States make necessary legal amendments to establish the definition of the child as personsbelow the age of 18 years. See CRC/C/IRN/CO/3-4, para. 28.2This terminology is in linewith Committee on the Rights of the Childgeneral comment No. 10 (2007) on children’s rights in juvenile justice.3See A/73/398.4See www.mizanonline.com/fa/news/472402.5See https://iranhr.net/en/articles/3514/.
A/HRC/40/673Followingtheadoption of the amendment, the judiciary was instructedto review the cases of those already sentenced to death for drug-related offences. The lack of transparency on death penalty cases has madeit difficult to assess the review process, but in October 2018, the Deputy Chairman of the Islamic Consultative Assembly Judiciary Commission reportedly stated that the death sentences of 15,000 individuals had been commuted.6Concerns remain,however,about the availability of legal assistance to those eligible for review, the lack of opportunity to appeal the outcome of the review, and the retention of the mandatory death penalty for some drug offences. 7.Other concerns persist. According to article 6 of the International Covenant on Civil and Political Rights,which the Islamic Republic of Iran has ratified, States parties that have not yet abolished the death penalty should only impose it for the “most serious crimes”, a term confined to crimes involving intentional killing.7However, the Islamic Republic of Iran continues to apply the death penalty for numerous acts that do not entail intentional killing. Concerns were raised following the establishment of special courts in August 2018 to try “economic crimes”which carry the death penalty. 8.A further long-standing concern relates to the execution of individuals convicted of murder in the context of qisas(retribution in kind). In such cases, the application of absolute, equivalent retaliationin the form of the death penalty is available to the next of kin of the victim. Such executions accounted for nearly three quarters of reported executions in 2018.8As an alternative, the next of kin of the victim can pardon the defendant with or without accepting diya(compensation known as “blood money”). Qisasis an offence which entails a mandatory punishment. No consideration can be given to mitigating factors such as the offender’s ageorcharacter or the circumstances of the crime. 9.In 2006, the then Special Rapporteur on extrajudicial, summary or arbitrary executions observed, inter alia, thatwhilediyasavedlives to the extent that it avoidedexecutions, it couldviolate the guarantees of non-discrimination, because the request to pay diyadiscriminatedagainst those who were not in a position to buy their freedom.9The Penal Code also stipulatesthat diyafor murdering a woman is half that of a man. Furthermore, whileIranian law has been amended to provide the equal application of qisaspunishments and diyafor the murder of Muslims and constitutionally recognized religious minorities, this does not apply to non-recognized groups. Additionally, when a pardon in exchange for diyahas not been granted,it leads to violations of the right to seek pardon or commutation from the State.1010.Reports indicate that ethnic and religious minority groups constitute a disproportionately large percentage of persons executed or imprisoned.11Many are also on death row. Concerns have been raised,for example,about the situation of Hedayat Abdollapour, a Kurdish Iranian,whose death sentence was upheld by the Supreme Court upon its second review in October 2018 amidst reports that he had been subjected to torture in detention and had been denied access to a lawyer of his choice. 11.The right to life has been violated by non-State actors. On 22 September 2018, an attack on a military parade in Ahvaz led to the death of at least 24 persons and injury to numerous others.12Another attack in December 2018 in the city of Chabahar reportedly led to the death of two people and numerous injuries.13The Special Rapporteur expresses his deepest condolences to the victims and their families, and to the Government and people of the Islamic Republic of Iran. The Special Rapporteur unreservedly condemns the attacks, and recalls the State’s obligation to hold the perpetrators accountable,in compliance with international human rights law, including the right to a fair trial. Followingthe Ahvaz attack, 6See http://kerman.farsnews.com/news/13970725000810.7See Human Rights Committee, general comment No. 36 (2018) on the right to life.8See https://iranhr.net/en/articles/3514/.9A/61/311, para. 60.10International Covenant on Civil and Political Rights, art. 6 (4).11Seehttps://ipa.united4iran.org/en/prisoner/.12See Security Council press statement available atwww.un.org/press/en/2018/sc13523.doc.htm.13See www.irna.ir/en/News/83125141.
