گالری تصاویر
پیوندهای مهم
  • پورتال امام خمینی
  • دفتر مقام معظم رهبری
  • ریاست جمهوری
  • معاونت امور مجلس
  • نقشه جامع علمی کشور
  • Ministry of Science, Research and Technology
  • صندوق احیا و بهره برداری از بناهای تاریخی و فرهنگی کشور
بخش سياسي

تحولات حقوق بشر در جمهوری اسلامی ایران

( به زبان انگلیسی )

 

 

In the Name of God, the Compassionate, the Merciful

 

A brief account of human rights policies and practices

of the Islamic Republic of Iran

 

Introduction

The human right’s policy of the Islamic Republic of Iran, emanating from its national and regional particularities as well as its cultural, historical and religious backgrounds, has continuously emphasized the significance of interactive and cooperative approach in progress towards fulfillment of the human rights obligations. To that end, the Islamic Republic of Iran is firmly determined to utilize its potential and capacity to the maximum extent in order to achieve the full realization of human rights. Iran’s commitment to promotion and protection of human rights is inherent, genuine and deeply rooted in the people’s beliefs and values. It is intertwined with nation’s hopes for a brighter, happier, more prosperous and saner future. The present text has been prepared to shed light on the situation of human rights in the Islamic Republic of Iran.

Part one: General policy of the Islamic Republic of Iran on human rights

I. Human rights in the administration of justice

1-1: Guarantees of due process

Rules and principles of the judicial system of the Islamic Republic of Iran are based on the principles of administration of justice, equally applicable to all individuals irrespective of their gender, religion or ethnicity. These principles include: the fair and public hearing; the legality of crime and punishment the necessity of impartial investigation and fulfillment of rights by the judge; the non-retroactive; and the guiltlessness and equality in the enjoyment of rights.

 

 

1-2: Rule of law

According to article 32 of the Constitution, “No one may be arrested except by the order and in accordance with the procedure laid down by law. In case of arrest, charges with the reasons for accusation must, without delay, be communicated and explained to the accused in writing, and a provisional dossier must be forwarded to the competent judicial authorities within a maximum of 24 hours so that the preliminaries to the trial can be completed as swiftly as possible. Any violation of this article will be liable to punishment in accordance with the law”. Furthermore, according to article 34 of the Constitution, it is the indisputable right of every citizen to seek justice by recourse to competent courts. All citizens have the right of access to such courts, and no one can be barred from courts to which he has a legal right of recourse.

1-3: Independence of the Judiciary

Article 156 of the Constitution states that, “The Judiciary is an independent power, the protector of the rights of the individual and society and responsible for the administration of justice”.

1-4: Public trials

Based on article 165 of the Constitution, trials are to be held openly and members of the public may attend them without restriction, unless the court determines that an open trial would be detrimental to public morality and order or, if in case of private disputes, both parties request that it not be held openly.

1-5: Right to defence counsel

 According to Article 35 of the Constitution, parties to any court proceeding have the right in all courts of law to select an attorney, and if they are unable to do so arrangements must be made to provide them with legal counsel.

1-6: Right to appeal

According to article 6 of the Law pertaining to the Revision of Court Verdicts and the Manner of Their Investigation, adopted on 6 October 1988, the defendant or his attorney or his legal deputy can, based on documentary evidence, request revision.

1-7: Habeas corpus

Article 124 of the Penal Adjudication Procedure Law states that: if an accused is kept under detention for more than 24 hours without being turned over to prosecutors and informed of his charges, his detention will be deemed as arbitrary. If law enforcement guards commit such an offence, they will be discharged from their posts. In addition, prosecutors and the examining magistrates may be dismissed from their posts for such an offence.

1-8: Rights of detainees and the situation of solitary confinement

The Executive Statute of the Organization of Prisons (ratified on 10 December 2005) includes wide range of rights for prisoners, such as their right to receive humane and non-discriminatory treatment, the right to benefit from rehabilitative programmes, the right to enjoy health and medical treatment facilities and so on. Moreover, the “Office of Supporting the Citizenship Rights of Prisoners” has been established. This office is mandated to decrease the number of inmates and to ensure that criminals are better adjusted to society. This office is duty bound to study and examine possible violations of citizenship rights in prisons and detention houses. Some of the practical mandates of the office are: admonishing the supervisory judges in prisons and judicial officials concerning the observance of law, preparation of pamphlets on the legal rights and obligations of the accused and convicts and constant and systemic cooperation with councils specializing in preserving citizenship rights and other human rights principles. Concerning solitary cells, the Islamic Republic of Iran is one of the leading countries in converting these cells to group cells or enlarging them to suites. Although solitary confinement has not yet been completely eliminated throughout the world, Iran has successfully made efforts to reduce solitary confinement punishment from 1 month to 20 days according to paragraph 4 of article 175 of the statute of the Organization of Prisons. Based on article 24 of the Penal Code of the Islamic Republic of Iran, detention of the accused persons before they are informed of their charges is limited to 24 hours. After this period of time, the accused are handed over to the judiciary and are entitled to all their respective rights. Training courses on human rights are frequently held in prisons so that the prison staff may become more informed and knowledgeable about the human rights of prisoners.

1-9: Sentence commuting and pardons

According to article 24 of the Islamic Punishment Law, “Pardon or commuting of the punishment of the condemned, subject to the limits set by the Islamic criteria, shall be at the suggestion of the Head of the Judiciary and discretion of the Leader of the Islamic Republic of Iran”. Article 3 of the regulations pertaining to the Amnesty and Pardon Committee, approved on 9 February 1991, provides that the court in charge of enforcing a verdict or the National Organization for Prisons and Corrective Action may propose a pardon or commutation of punishment. In the case of capital punishment, after a final verdict has been issued, if the person condemned to execution requests a pardon, then, at the suggestion of the court charged with enforcement of the verdict or of the National Organization for Prisons and Corrective Action, and pending the latter’s decision, enforcement of the verdict will be postponed.

1-10: Treatment of prisoners

Article 38 of the Constitution states that: “All forms of torture for the purpose of extracting confession or acquiring information are forbidden. Compulsion of individuals to testify, confess or to take an oath is not permissible; and any testimony, confession or oath obtained under duress is devoid of value and credence. Violation of this article is liable to punishment in accordance with the law”. On the punishment of the violators of the above-mentioned law, article 58 of the Islamic Punishment Law, stipulates that: “If any judicial or non-judicial employee or official of the Government subjects an accused to bodily harm for the purpose of extracting confession, or issues an order in this regard, the said official or employee will be sentenced to imprisonment from six months to three years.

II. Civil and political rights

The Islamic Republic of Iran has provided for many laws in order to promote the political and civil rights in the country and has taken practical steps to implement them. Some of the various mechanisms developed for promoting of such rights are set out below:

A. Freedom of press and expression: Article 168 of the Constitution on the freedom of the press provides for jury trials in cases of press offence. In compliance with article 24 of the Constitution, the Press Law was adopted on 12 March 1986. According to article 34 of the said Law, offences committed by the press will be investigated by a competent court in the presence of a jury. It is noteworthy to mention that various ideas and political tendencies are represented in the domestic publications, which engage in lively and at times heated debates over different aspects of national policy.

B. Freedom of assembly and association: By virtue of articles 26 and 27 of the Constitution, all Iranian citizens enjoy the fundamental right to peaceful assembly. Article 26 states that: “The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted, provided that they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the foundation of the Islamic Republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them”. Political Groups may freely engage in activities provided that they do not commit offences mentioned in article 16 of the Law. Demonstrations without arms may freely be held with the prior notification of the Ministry of the Interior, provided that they are not detrimental to the principles of Islam; in addition, public gatherings may be freely held in public squares and parks after having obtained authorization from the above Ministry.

C. Trade unions: Article 2 of the law pertaining to activities of parties, societies, political and professional associations defines trade unions and covers the formation of trade guilds. Furthermore, article 131 of the Labour Code provides that: “In compliance with section 26 of the Constitution of the Islamic Republic of Iran, and in order to protect the legitimate and statutory rights and interests of workers and employers and to improve their economic situation in a manner guaranteeing the protection of the interests of society as a whole, the workers subject to the Labour Code, and the employers of a given profession or industry, may establish guild societies”.

III. Economic, social and cultural rights

The Islamic Republic of Iran has made the utmost effort to provide for the economic, social and cultural rights of people in all walks of life in Iran and has designed and implemented development plans based on national objectives and international commitments.

A. Employment: Article 6 of the labour law prohibits any discrimination based on colour, race or language. Iran signed International Labour Organization Convention No. 111 in 1964 and has submitted its reports to that organization on a regular basis. Article 120 of the labour law of Iran envisages that those refugees who have work permits and visas should be able to work without facing prejudice or discrimination. The current procedures make no difference between them and Iranian nationals.

B. Health and medicine: Concentration of various policies on health-related matters of development plan of Iran, implementation of the nationwide initiative to grant health insurance to all the people in Iran, including villagers, the adoption of a policy of giving incentives and special facilities to physicians so that they would go and work in rural areas, the allocation of a special share in higher education institutions in medical majors for deprived regions and the supplying of the food needs of these people through subsidies, etc., are some of the measures and steps taken in the area of health and medicine.

C. Cultural activities: Paying attention to cultural and artistic needs and promotion of cultural activities is of utmost importance especially when one takes into account the rich and ancient cultural background of some of the ethnic groups in Iran.

 

 

IV. Situation of minorities

The Constitution of the Islamic Republic of Iran, the civil code and Government practice provide very broad freedoms for members of recognized religious minorities, including the applicability of their cannon laws to their personal and communal affairs and reserved seats in the Parliament. Even national courts must abide by the respective cannon law in matters pertaining to recognized religious minorities. All recognized religious minorities enjoy equal civil, political, economic, social and cultural rights with Muslims. Out of the total of 290 parliamentary representatives, five members are elected as follows: Zoroastrians and Jews, each one representative; Assyrian and Caledonian Christians: collectively one representative; and Armenian Christians in the north and the south: one representative each. It should be noted that seats reserved for recognized religious minorities are quite disproportionate to their overall population. Had minorities been Muslims, with their overall population of 213,600, they would have had the right to only 1.5 seats instead of the present five. Even though minorities can enroll in regular schools, they also have their own private schools. In these schools, which are financially supported by the Ministry of Education, minorities learn their own languages and practice their own religions. Minorities may easily enter universities. The minority group’s religion is no impediment to their employment in the Government. Moreover, in addition to national holidays, minorities have their own religious holidays. Minorities have their own cultural programmes and sports clubs, although they may freely use public centers. In addition, their ancient monuments and religious and historical places are protected and funded by the Government.

V. Human rights defenders

Activities in the area of promoting human rights are done by governmental and non-governmental entities. At the governmental level, there are various centres located in the Ministry of Foreign Affairs, the Ministry of Interior, the Human Rights Council of the Judiciary, the Presidential Office for Women and Family, the Office of Supporting the Rights of Women and Children and provincial councils in charge of ensuring the fulfillment of citizenship rights. They have taken vast measures and have been highly active in defending the rights of the public and in promoting the frameworks and standards of human rights as well as in drafting the new and advanced standards of human rights. There are also a number of fractions in the parliament, city councils, municipalities and non-governmental organizations active in the area of women, children and immigrants affairs, etc. which have had great records in improving and promoting human rights inside the country.

VI. National human rights institutions

A. Human Rights High Council: The high Human Rights High Council was established in 2001. Some of the mandates of the Council are as follows:

(a) To examine and identify any possible legal impediments and judicial problems concerning the realization of human rights and to render executive solutions, in line with the laws of the Islamic Republic of Iran, through the formation of a commission comprised of learned and fully versed personalities in affiliation with the Judiciary and academicians;

(b) To submit report to the Head of Judiciary concerning the shortcomings, requirements and obstacles in the field of human rights and to recommend practicable and executable solutions for development and upholding of matters related to human rights issues;

(c) To maintain effective cooperation and coordination with other local organs involved in human rights issues, in order to adopt appropriate identical procedures;

(d) To take appropriate measures concerning other issues relevant to human rights, as referred to by the Head of Judiciary.

B. Central Supervisory Board for Preserving the Right of Citizenship: For the supervision of the sound implementation of the Law on Upholding  Legitimate Liberties and Preserving the Rights of Citizenship, the “Central Supervisory Board” (subject matter of article 15 of this Act), comprising the members of the Council of Deputies of the Judiciary, has been formed.

 

 

VII. Cooperation with the international human rights mechanisms

A. List of international human rights instruments to which the Islamic Republic of Iran is a party:

• International Covenant on Civil and Political Rights;

• International Covenant on Economic, Social and Cultural Rights;

• International Convention on the Elimination of All Forms of Racial Discrimination;

• Convention on the Rights of the Child;

• International Convention on the Rights of People with Disabilities

• Convention on the Prevention and Punishment of the Crime of Genocide;

• International Convention on the Suppression and Punishment of the Crime of Apartheid;

• International Convention against Apartheid in Sports;

• Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery;

• Convention relating to the Status of Refugees;

• Protocol to the Convention relating to the Status of Refugees;

• International Labour Organization Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of

Child Labour;

• Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

B. Cooperation with special procedures

The Islamic Republic of Iran extended a general standing invitation to all thematic rapporteurs, working groups and independent experts of the Commission on Human Rights [now the Human Rights Council] in July 2002. The following mandate holders have visited Iran since then:

• Working Group on Arbitrary Detention (February 2003)

• Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (November 2004)

• Special Rapporteur on the human rights of migrants (February 2004)

• Special Rapporteur on violence against women (February 2005)

• Special Rapporteur on the right to adequate housing (March 2005)

It is worth mentioning that prior to the extension of general standing invitation, two visits by the previous special rapporteur on freedom of opinion and expression and the special rapporteur on freedom of religion or belief to Iran were facilitated. Furthermore it merits highlighting that all respective communications of the special rapporteurs have been thoroughly responded to, their recommendations heeded and follow-up measures taken in a timely manner.

C. Cooperation with the Office of the United Nations High Commissioner for Human Rights

In recent years the Islamic Republic of Iran has engaged in bilateral and meaningful technical cooperation with the Office of the United Nations High Commissioner for Human Rights (OHCHR). In this regard and based on the recommendations of an OHCHR needs-assessment mission in 1999, OHCHR explored four areas of possible cooperation: law enforcement; prisons and correctional institutions; city councils; and human rights education. Human rights education was finally selected as being best suited for a technical cooperation pilot project. However, OHCHR’s financial constraints delayed the implementation of activities from 2003 to 2004. The long-term objective of the project was promotion of human rights education in Iranian schools and the integration of human rights programmes in institutions of higher education and university curricula and teaching materials, which can contribute to the promotion of international human rights in the country. The project was successfully concluded in the first quarter of 2005 by drafting a document examining different aspects of human rights education in the country. On the other hand madame Louise Arbour, the former United Nations High Commissioner for Human Rights, attended the Ministerial Meeting of the Non-Aligned Movement on human rights and cultural diversity, which was held in Tehran on 3 and 4 September 2007. Madame Arbour met with high-ranking Iranian officials and visited centers, including women’s prison and the Juvenile Correction and Education Centre, and hailed the outstanding measures taken there. the Islamic Republic of Iran had also officially invited the former High Commissioner, Ms. Pillay to visit the country. A preliminary delegation from the Office visited Iran in December 2011 to make necessary arrangements for the visit but due to some time constraints and prescaduled tasks of the HC it didn’t happened . Now with the new high commissioner in office , the government has extended the invitation again and hope that the visit will be arraneged in due corse of time convenient for both sides .

D. Cooperation with the United Nations treaty bodies

Most recently , the Islamic Republic of Iran has submitted its intial report on implementation of International Convention on Rights of Persons with Disabilities to the relevant committee and the committee will consider it in 2017 . Furthermore the government defended third and fourth periodic reports to the Committee on the Rights of the Child in 2015.

Also with respect to Iran’s periodic reports to other international human rights instruments, efforts have been made to extend full and timely cooperation to the respective monitoring treaty bodies.

E. Cooperation with the Human Rights Council

In addition to active and constructive participation in all sessions of the Human Rights Council, the Islamic Republic of Iran fully engaged with the Universal Periodic Review mechanism (UPR) by submitting a detailed and substantiated national reports to the Council which was considered during the sessions of the UPR Working Group on 2010 and 2014.

D.    Bilateral human rights dialogue:

Iran has always worked to utilize the existing capacity of its ongoing bilateral cooperation with various countries -- in terms of human rights dialogue and technical human rights cooperation -- to promote and protect human rights. In this context, ongoing bilateral human rights dialogue and technical cooperation with a number of countries including Japan, Switzerland, Russia, Norway, Denmark, Italy , Austria, South Africa and Indonesia at different levels of governmental and nongovernmental partners are  noteworthy. Also, these dialogues to the EU will be resumed in near future.

 

At the end, considering of aforementioned human rights policies and practices adopted and fulfilled by the government, The Islamic Republic of Iran would like to request the valuable support of all Member States in voting against the draft resolution in the Third Committee and the Plenary of the 71st  session of the UN General Assembly.

 

 

 

 

 

 

 

اداره کل ارزیابی و نظارت
سامانه تایید اسناد کنسولی
برای تایید کلیه اسناد کنسولی و دانشجویی اعم از وکالتنامه ، گواهی امضا، تایید مدارک دانشجویی و پزشکی امکان پذیر است
سامانه روادید الکترونیکی
امکان دریافت روادید الکترونیک به صورت برخط در این سامانه تعبیه شده است
سامانه امور کنسولی و ایرانیان
در این سامانه کلیه فرم های کنسولی و قوانین مربوطه درج گردیده است
کليه حقوق اين سايت متعلق است به وزارت امور خارجه جمهوري اسلامي ايران