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Commission on Human Rights
Fifty-eighth session
Geneva, 3 April 2002





Statement by Mr. Maurice Copithorne,
Special Representative of the Commission on Human Rights
on the situation of human rights in the
Islamic Republic of Iran

Item 9 (a)





Mr. Chairman,
Excellencies,
Distinguished delegates,
Ladies and Gentlemen,


I come before you to introduce my last report on the human rights situation in Iran. I had hoped that my written report which you have, as well as this introduction, would be more positive, that I might have talked exclusively or at least largely, of the improving respect for human rights in Iran. As I indicated at the Third Committee last November, there are signs enough that the incorporation of human rights values into Iranian society is proceeding at an accelerating rate. However, the implementation of such rights by the government continues to lag behind evident public expectation.

Since my current report was completed, the situation has remained largely unchanged. Unfortunately, there is little evidence of a quantifiable improvement in the respect accorded by the authorities to international standards of human rights.

I have to say that Iran, most notably the government including all the state and para state institutions, still has a long way to go. Those in control of much of the governmental process do not by and large see the law, in its many shapes, as being primarily a vehicle to protect the people from the state by constraining its power.

In today's Iran, the central struggle as I see it, is between the elected and unelected holders of power. The latter are clearly still in control; the evident will of the people is still being frustrated.

Mr.3 Chairman, the concept of human rights is perhaps an uncertain one. To me however, the central values are clear; on the one hand is the dignity of the individual, that is all individuals regardless of gender, religion or ethnicity, and on the other, the accountability of government to the people not only in the form of fair elections, but also before the law.

Well, what situation do the people of Iran find themselves in today?

1. Powerful elites continue to use violence to confront those they deem to be enemies of the state or of religion. Activists can be kidnapped off the streets showing up months later in the custody of one of the many security agencies;

2. There has been further harassment and in some cases, further detentions of journalists supporting the cause of reform, and of student activists. They join the significant group already in detention, apparently for advocating peaceful change in the system;

3. Reports, including personal testimony, of the abuse of detainees continue to become public. These include long periods of solitary confinement, coerced confessions, disregard for the medical condition of detainees, refusal of access for relatives and lawyers, as well commonly, of psychological torture, and from time to time, of physical torture as well. There is a recent report that a journalist released on bail after a year in prison, was taken straight to hospital in a state of paralysis;

4. Suspicious deaths and executions continue to be reported, sometimes of ethnic minorities such as the Kurds;

5. The legal profession continues to face intimidation; one prominent defender of human rights activists was recently sentenced by a military court to 5 years in prison and 70 lashes for a variety of alleged offences;

6. With regard to minorities, there is a recent report of the banning of the use of the Azeri language in a provincial newspaper in the largely Azeri speaking city of Tabriz;

7. Much of the Majilis legislation with reformist elements including the budget, the foreign investment bill, efforts to make the election process more transparent and accountable, have been rejected. Other initiatives such as that to raise the minimum age of marriage for girls in particular which is now 9 years of age, are still in limbo after having been rejected. One initiative that has reappeared in the Majilis is an attempt to modernize the child custody laws in favor of the mother;

8. With regard to torture, the Head of the Judiciary himself is reported by the Iranian press to have recently declared that its use is still widespread within the premises of the various security agencies. Just last month, the Majilis passed draft legislation which would ban the use of torture. It remains to be seen whether it will be approved.


Mr. Chairman, in conclusion, I want to remind my listeners of a historical fact that I believe all Iranians know very well. Persian tradition has it that the first king of the Persians, Kauimers (“Quemars”), gave the people perhaps the world's first code of laws in about 3600 BCE. Many centuries later, in 539 BCE, the famous king, Sirus (“Cyrus”), proclaimed what is perhaps the world's first declaration of human rights.

Mr Chairman, the Iranian people deserve better than they have today. With all my heart, I wish them success in their efforts to achieve it.

Thank you.