人权理事会与伊朗人权状况特别报告员举行互动对话（部分翻译）

中午

2014年3月17日

人权理事会在今天的午间会议上与伊朗人权状况特别报告员艾哈迈德·沙希德（Ahmed Shaheed）进行了一次互动对话。

沙希德先生在介绍报告时对他仍未获得访问伊朗的许可表示遗憾。虽然报告中提到了一些积极的趋势，包括记者、博客作者、人权维护者、巴哈教徒、逊尼派穆斯林、基督教徒和穆斯林苦修僧在内的成百上千的人在行使基本权利方面仍然举步维艰。至今为止，该国发表的言论和采取的温和措施仍未转化为应对国际人权体系和人权维护者提出的人权问题所需的深入改革。该报告重点关注包括法律正当程序在内的司法行政不正常运作、滥用单独监禁、以及在判决时未能将比例原则纳入考虑等问题。

伊朗在作为相关国家发言时表示，此次会议召开的时机十分关键，世界人民正深受单方面胁迫性措施等带来的痛苦。人权理事会负有在全球为更好地促进和保护人权铺平道路的特殊职责。这份报告和特别报告员的任务都不够客观。虽然其中提到了伊朗采取的一些积极措施，报告绝大多数内容都是一些毫无根据的指控的汇编。它并未注意到伊朗在不同领域取得的显著成就，并忽视了妇女在伊朗接受教育和参与社会活动的情况。

在互动对话中，一些发言者对报告表示欢迎，并表达了对伊朗人权状况的关切，例如大量处决，对宗教自由权和包括互联网在内的言论自由权的限制，以及政治犯和宗教少数派的情况。与会者敦促伊朗提高最低刑事责任年龄；重新审议那些在新伊斯兰刑法典批准前被判处死刑的儿童的案件以确保公平审判权；杜绝截肢并废除死刑。一些代表团还敦促伊朗进一步参与联合国人权机制并与特别报告员合作。

其他代表团控诉伊朗问题特别报告员的任务是对人权的政治化，这有悖于理事会的任务，并谴责针对特定国家的任务违反了建设性合作和参与促进和保护人权的精神。一些与会者敦促理事会关注伊朗的积极进展，并重申当事国的同意对任务成功的重要性。普遍定期审议是本着建设性和平等参与的精神解决各国人权问题的合适论坛。理事会应取消包括伊朗问题在内的所有针对特定国家的决议和任务。

在互动对话中发言的有：欧盟、联合国儿童基金会（UNICEF）、德国、澳大利亚、挪威、叙利亚、比利时、新西兰、斯里兰卡、加拿大、津巴布韦、委内瑞拉、法国、中国、爱尔兰、越南、马尔代夫、白俄罗斯、巴基斯坦、前南斯拉夫马其顿共和国、英国、意大利、苏丹、美国、捷克共和国、博茨瓦纳、古巴、俄罗斯、朝鲜民主主义人民共和国、瑞士和缅甸。

下列非政府组织也在互动对话中发言：巴哈伊国际社团、南风发展政策协会（联合声明）、欧洲法律和司法中心、伊朗精英研究中心、预防社会危害协会、伊朗伊斯兰妇女研究所、玛利亚姆·卡西米教育慈善机构（Maryam Ghasemi Education Charity Institute）和律师互助会（Lawyers for Lawyers）。

理事会今天将举行全日会议，并于下午3点与缅甸人权状况特别报告员进行互动对话。

文件

理事会已收到伊朗伊斯兰共和国人权状况特别报告员的报告（A/HRC/25/61）。

理事会已收到秘书长关于伊朗伊斯兰共和国人权状况的报告（A/HRC/25/75）。

特别报告员有关伊朗人权状况的声明

伊朗人权状况特别报告员艾哈迈德·沙希德表示，虽然他很高兴能在日内瓦和纽约与伊朗官员会面并探讨一系列重要人权问题，他对尚未获准访问该国表示遗憾。这是十分令人失望的，因为特别程序机制的能力和效用只有在走出日内瓦和纽约的会议室，访问各国，会见政府官员、非政府组织和人权侵犯受害者时才能得到更好的发挥 。 虽然报告中提到了一些积极的趋势，包括记者、博客作者、人权维护者、巴哈教徒、逊尼派穆斯林、基督教徒和穆斯林苦修僧在内的成百上千的人在行使基本权利方面仍然举步维艰。至今为止，该国发表的言论和采取的温和措施仍未转化为应对国际人权体系和人权维护者提出的人权问题所需的深入改革。目前的公民权利宪章草案未能加强对妇女和少数群体同等享有人权的保护；并未解决使用鞭刑、绞刑、石刑和截肢等残忍、不人道或有辱人格的惩罚问题；未能禁止处决未成年人问题；也没有解决使用死刑问题，特别是不符合国际法标准中最严重罪行的规定情况下。

沙希德先生表示，该报告重点关注包括法律正当程序在内的司法行政不正常运作、滥用单独监禁、以及在判决时未能将比例原则纳入考虑等问题。尽管现有法律和政策已作出规定，侵犯现象仍时有发生，个人和团体无视法律的行为也没有受到责罚。沙希德先生回顾道，对与毒品相关的犯罪施以死刑是违反国际法的。他继续呼吁伊朗暂缓执行死刑。真正而持久的变革需要时间，该国的人权状况不可能在一夜之间突然好转。重要的是采取具体步骤，以及国际社会继续坚定地鼓励伊朗加大参与力度。国际社会还必须继续向每个权利受到侵犯的伊朗人传达以下信息：即国际社会知道、关心并将继续与伊朗当局一道采取措施解决这些侵犯问题。重要的是共同努力填补国际承诺和落实之间、行动和言语之间的鸿沟。

当事国的声明

伊朗在作为相关国家发言时表示，此次会议召开的时机十分关键，世界人民正深受单方面胁迫性措施等带来的痛苦。人权理事会负有在全球为更好地促进和保护人权铺平道路的特殊职责。伊朗在国家和国际层面坚决致力于促进和保护人权，只要它们是完全专业、不带政治偏见的。这份报告和特别报告员的任务都不够客观。虽然其中提到了伊朗采取的一些积极措施，报告绝大多数内容都是一些毫无根据的指控的汇编。它并未注意到伊朗在不同领域取得的显著成就，并忽视了妇女在伊朗接受教育和参与社会活动的情况。特别报告员并未重视伊朗的意见，因此这份报告未达到最低标准。

Interactive Dialogue

European Union welcomed the report, which offered critical information on the situation in Iran. It strongly encouraged Iran to implement the recommendations. The European Union expressed grave concern about the high number of executions, restrictions to the right to freedom of religion and freedom of expression, including on the internet, and the number of political prisoners. United Nations Children’s Fund welcomed the amendment to Iran’s Criminal Code to prevent the execution of juvenile offenders, and urged Iran to raise the minimum age for criminal responsibility. It also urged Iran to review cases of children who had been sentenced to capital punishment prior to the ratification of the new Islamic Penal Code. Improvements in the conditions and rehabilitation programmes for minors serving sentences were welcomed. Germany appreciated the release of a number of human rights defenders and prisoners of conscience, and demanded the release of all persons imprisoned for advocating for human rights. The numbers of executions had reached a sad record last year, including of juvenile offenders and in public.

Australia remained deeply concerned by the situation in Iran, including the high number of executions, including of minors, as well as the harassment of human rights defenders, internet censorship and the situation of religious minorities. Australia also demanded that Iran ensured the right to a fair trial and put an end to amputations. Iran should further engage with United Nations human rights mechanisms. Norway was deeply concerned regarding the lack of guarantees for a fair trial and by the extensive use of the death penalty in Iran. Norway urged Iran to abolish the death penalty. Norway was also concerned about continuing restrictions of the right to freedom of expression and of the rights of religious minorities.

Belgium expressed concern for prevailing impunity in Iran, arbitrary detention of individuals for peacefully exercising their fundamental rights to expression, and the high rate of executions, in absence of fair trial, especially for crimes that did not meet serious crimes standards. New Zealand welcomed the more moderate and measured tone from Iran’s leadership, but was disappointed that many human rights indicators had not improved and in fact some had deteriorated. Execution rates remained high, political activists, human rights defenders and religious and ethnic minorities were often persecuted and there was ongoing discrimination against women. Canada noted the attention paid in the report to access to justice and the due process of law and asked the Special Rapporteur whether he would appeal to the Government to be allowed to visit the country to investigate human rights violations.

Syria said establishment of the Special Rapporteur on the human rights situation in Iran was a demonstration of biased political motivations against the country. Syria regretted that the report ignored progress made by Iran and did not concentrate on the negative effects of unilateral sanctions against it. It was time to put an end to country-specific mandates. Sri Lanka said positive developments in the country must be acknowledged and reiterated that international action for the promotion and protection of human rights must enjoy the consent of the country concerned. Zimbabwe said it did not subscribe to the imposition of country-specific mandates because they were politicized, selective and manipulated by powerful members with hidden agendas. The most appropriate tool to address gaps in promotion and protection of human rights in a country was the Universal Periodic Review. Venezuela rejected the anachronistic practice of country-specific mandates which were causing damage to the United Nations system. It was important to adopt a serious manner of addressing serious human rights situations which would reject the meddling of powerful countries.

France called on the Iranian authorities to cooperate with the Special Rapporteur whose work was essential to document the real evolution of the rights and freedoms of Iranians. The report was of great concern. The practice of executions had reached alarming proportions. The death penalty was applied to many crimes that went far beyond the most serious crimes. How could the Iranian authorities be convinced to open a debate on the death penalty? China said that all countries should, on the basis of equality and mutual respect, engage in cooperation and dialogue in the promotion and protection of human rights. The Council should abide by the principles of impartiality, objectivity and non-selectivity and engage in the promotion of dialogue and cooperation. China welcomed the efforts made by Iran in the promotion and protection of human rights and understood that it faced challenges in that field.

United Kingdom said it was disappointed that Iran had prevented the Special Rapporteur from visiting the country, urging it to cooperate fully with him and afford the access to the country that his mandate deserved. What steps should Iran take to ensure that all its citizens were treated equally, regardless of race or ethnicity, it asked. Maldives welcomed recent pledges by Iran to address human rights concerns and took note of Iran’s decision to release high profile political prisoners. However, it was concerned by reports of arbitrary detention. Iran should engage constructively with the United Nations system in an open, transparent and non-politicized manner. Former Yugoslav Republic of Macedonia remained concerned by the situation in Iran, particularly the application of the death penalty, the number of executions in 2014, and in particular executions of juveniles. Minority rights were also a concern. Iran was urged to grant access to the country and to make an effort in ceasing reprisals against individuals cooperating with the United Nations human rights mechanisms. Ireland expressed concern that the draft Charter on Citizen’s Rights in fact contained no new rights. The Charter as currently drafted failed to address laws that discriminated against minorities and women and did not prohibit the execution of juveniles. How could the international community assist Iran to bring its legislation into accordance with its international human rights obligations?

Belarus reaffirmed its position that human rights issues in a global context and with respect to individual countries should be part of a constructive and non-politicised dialogue. The activities of the Special Rapporteur were used to justify sanctions against Iran. Belarus did not accept country-specific mandates, it said, emphasizing use of the Universal Periodic Review. Pakistan welcomed the steps taken by Iran for the protection and promotion of human rights, which should be acknowledged. Pakistan was against country-specific mandates as they were against the spirit of cooperation and dialogue, and strongly preferred the Universal Periodic Review, which was a cooperative mechanism. Viet Nam said it hoped to hear more good news as a result of Iran’s continuing efforts and commended it for its commitment to promote the aspirations of its people. Promotion and protection had to be based on the principle of sovereignty and genuine dialogue. The Council was urged to further encourage Iran in its efforts on regional and international cooperation.

Italy was confident that Iran would take into serious consideration the recommendations of the Special Rapporteur and fully cooperate with the mandate. Italy was looking with interest and expectation at President Rohani’s declarations on human rights. While appreciating the improvements in criminal procedure, Italy encouraged Iran to rectify its flaws and paid close attention to the on-going national debate on freedom of opinion and expression. United States said that while Iran had changed its rhetoric on human rights it continued to repress freedom of expression, the practice of jamming satellite signals, and the treatment of minorities, including the recent execution of minority activists. Hundreds of lawyers and human rights defenders remained in detention. The United State called on the Council to renew the mandate of the Special Rapporteur and on Iran to allow access to the mandate holder.

Sudan stressed that the promotion and protection of rights was an international concern. The consent of the concerned countries was crucial for the success of the mandates but Sudan encouraged Iran to engage in a constructive dialogue in the spirit of openness and cooperation. Czech Republic appreciated recent attempts by Iran to engage with the international community and hoped that its pledges would translate into action. The release of prisoners of conscience was noted, but concerns remained about remaining detainees. Much remained to be done to improve the judiciary and end the repression of lawyers.

Botswana appreciated the positive developments in the reform of justice administration, including new laws on criminal procedures and the Charter of Citizens’ Rights. Particular focus should be given to laws and practices infringing on education, discrimination, and freedom of expression. Reports of arbitrary detentions and detention conditions that violated international standards, as well as the situation of reporters and lawyers, were also serious concerns. Switzerland said significant problems remained in Iran, such as the death penalty and torture and violation of rights of women and minorities. It asked the Special Rapporteur why the Baha’i community was subject to growing oppression despite their being very discrete, and whether strengthening of political freedoms could be expected.

Cuba said that the existence of a Special Rapporteur on Iran was an example of the double standards and discrimination that had taken root in the Council. It expressed its opposition to politicised and selective mandates against the States of the global South. The Council would be effective in its task of promoting and protecting rights only through cooperation and dialogue, and its work should go hand in hand with the country in question. Mandates imposed without consent were doomed to fail. Russia supported the measures undertaken by Iranian leadership to improve human rights in the country and called for non-politicized dialogue with the Government, based on mutual understanding and cooperation.

Democratic People's Republic of Korea said country-specific mandates infringed upon sovereignty and interfered with internal affairs of developing countries. Imposing pressure on countries under the pretext of human rights was unacceptable and in violation of international norms and principles. The Council should eliminate all country-specific resolutions and mandates, including on Iran. Myanmar said that country-specific mandates were counter-productive and never created honest dialogue between the mandate and country concerned. The Council must eliminate from its work double standards and politicization.

Baha’i International Community said that there had been no improvement in the situation of the Baha’i in Iran and the draft citizen’s charter failed to address laws and policies that discriminated against religious minorities. Verein Sudwind Entwicklungspolitik, speaking in a joint statement, expressed hope that the situation in Iran would remain at the forefront of the global agenda and supported the Special Rapporteur’s call for a moratorium on the death penalty. Could Iran’s Civil Rights Charter be improved, it asked?

European Centre for Law and Justice thanked the Special Rapporteur for the work carried out. Despite what Iran said, the reality on the ground was that human rights for religious minorities had not improved. It was important that the international community met words with action. Maryam Ghasemi Education Charity Institute said that for years now Iranians were paying for being near some of the biggest drug distributers. Over two thirds of prisoners in Iran were drug distributers or addicts. There had been no pathology for the transit of drugs in Iranian society. Lawyers for Lawyers, in a joint statement, shared all concerns raised including Government action targeting lawyers and the erosion of the independence of the legal profession. Grave concern was expressed about reprisals against founders and members of the Centre for Human Rights Defenders.

Iranian Elite Research Centre said that the frequent use of the words ‘reportedly’, ‘alleged’ or similar words while attributing human rights violations to Iran denoted the lack of strength in evidence and document set forth in the report. In some cases it seemed as though the Special Rapporteur was trying to impose a distorted reality of the regulations of Iranian society. Islamic Women’s Institute of Iran believed the way in which the Special Rapporteur criticized the number of executions during the nine months of the new Government was not constructive. Iranian society was dynamic and many current positive developments were the result of positive movement of Iranian civil society and this was an opportunity for the international community to start a real dialogue. Prevention Association of Social Harms said that it believed that the Iranian Government had to take further steps to improve the human rights situation. The report had not dealt sufficiently with subjects which had extensively affected Iranians such as the targeted, unilateral sanctions imposed on Iran.

Closing Remarks

AHMED SHAHEED, Special Rapporteur on the situation of human rights in Iran, in closing remarks, said that the current situation in Iran was one of conflicting signals: on the one hand, there were positive developments and a sense that the new administration was moving to fulfil its promises. On the other hand, there was the continuation in executions and the capriciousness in dealing with freedom of the media, women, minorities and others. In terms of what could be done next, Mr. Shaheed stressed the importance of constructive engagement by all parties and suggested that the drafters of the Citizen’s Rights Charter look at the recommendations made by independent and credible bodies and the recommendations Iran had accepted during its Universal Periodic Review, in order to improve the draft. Concerning the methodology used in the preparation of the report, the Special Rapporteur said that it had not been prepared solely on the basis of interviews with Iranians abroad, but also with Iranian citizens in the country and the reports Iran prepared for human rights treaty bodies.

_________

For use of the information media; not an official record