37/68/Add.1 Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran: comments by the State - Note by the Secretariat

GE.18-03708(E)



Human Rights Council Thirty-seventh session

26 February–23 March 2018

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: comments by the State*,**

Note by the Secretariat

In its resolution 34/23, the Human Rights Council requested the Special Rapporteur on

the situation of human rights in the Islamic Republic of Iran to submit a report on the

implementation of the mandate to the Council at its thirty-seventh session.

The Special Rapporteur passed away on 11 February 2018, before she had the

opportunity to consider the comments submitted by the Government of the Islamic Republic of

Iran on the report that the Special Rapporteur shared with it (A/HRC/37/68). On 26 February

2018, the Council agreed that the report of the mandate holder should be submitted to the

Council in accordance with its resolution 34/23, together with the comments of the State

concerned on the report. It was also agreed that the report would be transmitted to the Council

by the Chair of the Coordination Committee of Special Procedures and that the Council would

hold a discussion on the report on 12 March 2018 in place of the interactive dialogue originally

scheduled for that day. The Chair of the Coordination Committee would then take note of the

comments made by delegations during the discussion.

In accordance with the decision of the Human Rights Council, the Coordination

Committee of Special Procedures transmitted the report that the Special Rapporteur shared

with the Government of the Islamic Republic of Iran to the Human Rights Council.

Accordingly, the Secretariat has the honour to transmit to the Council the comments by the

State on the above-mentioned report.

* Some names of the individuals identified in the comments provided by the State have been rendered anonymous or otherwise unidentifiable by the Secretariat. The comments are otherwise reproduced as

received, in the language of submission only. ** Reproduced as received.

United Nations A/HRC/37/68/Add.1

General Assembly Distr.: General 12 March 2018

English only

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Reply to the report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran to be presented at the thirty-seventh Human Rights Council (March 2018)

Considering the passing away of the Special Rapporteur on the situation of human rights in the

Islamic Republic of Iran, we avail ourselves with this opportunity to express our sympathy

with her family.

Reply to paragraph 1

The picture presented by the Draft Report on the situation of human rights in the Islamic

Republic of Iran, and the progress made in this area, has been dramatically distorted and

worrying; at least as regards the references made, in this paragraph, to the recognized

developments.

The serious will of the Islamic Republic of Iran to promote human rights, to remedy the

shortcomings, and to safeguard its achievements over the past 40 years has led the Government

to consistently provide, in all possible ways, opportunities for reviewing laws, approaches and

their enforcement. In this direction, a recent review of the anti-narcotics law is

noteworthy.Following theoretical challenges among the administration and experts on the

effectiveness of the current drug law, the views of the representatives of the nation (in the

Parliament) drew attentions to the importance of reviewing the relevant law and diversity in the

new ways of combating this social scourge.In the light of support by the Governmental and

non-governmental sectors, and eventually the new law was adopted by the majority of the

people's representatives in the Parliament, and ultimately was ratified by the Guardian Council

and finally announced by the President. According to this law, the death penalty for some drug

traffickers will be eliminated, and they will be sentenced to one to thirty years of imprisonment

and a fine. With the reform of the anti Narcotics Act, a significant number of prisoners are

released from execution and their sentence is changed to prison. In addition, this law is

retrospective. Various other changes and reforms have also taken place in the pursuit of justice

and the provision of more criminals' rights over the past few years, including the revision of the

Islamic Penal Code and the Criminal Procedure Code, as well as the other items acknowledged

in this Draft. At the beginning of the present report, rather than welcoming the fundamental

changes, and its impact on a large part of the definitive drug convictions, has raised incorrect

and irresponsible statements regarding the human rights situation in Iran, which can be

construed as signs of prejudice and deviation neutrality. It was desirable that such a major legal

change in the laws of the country, which has led to a significant reduction in the

implementation of the penalties for this category of offenders, to be welcomed in this Draft

Report.

Reply to paragraphs 3-5

In the subject matter referred to in this paragraph, it is necessary first to emphasize that in the

Islamic Republic of Iran, in accordance with the Constitution and other laws, the right to hold

meetings and even protests are guaranteed; but it is necessary to refer to the emergence of a

new pattern created by certain powers to undermine democratic systems opposed to Western

politics. This formula deserves to be called the "democracy weakening Model". This model

only works in countries with a democratic system that does not politically meet with the

interests of the United States and which have created opportunities for free demonstrations, in

law and practice. In such a situation, the makers of democracy weakening model are coming

in with the following features: allocating funds and planning to create turbulent movements

and turning of social and peaceful movements to political and violent moves, creating turmoil

and exploiting high level political support of rioters and widespread media activity against that

state to undermine the democratic institutions in that country, and the attempt to change social

movements and ordinary dissatisfaction with changing the political system. Unfortunately, this

pattern has been repeated in several parts of the world, including Latin America, Eastern

Europe, the Caucasus, and most recently, with failure, in Iran. Due to the anti human rights

nature of such acts and their role in systematically undermining democracy, this trend needs to

be seriously taken into consideration by international human rights mechanisms. The Special

Procedures mechanism is no exception to this and it is necessary expected to fulfill its intrinsic

duty in support of democracies in developing countries.

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It should be reminded that in January 2018, the Islamic Republic of Iran officially replied the

urgent appel of the Special procedures, and in practice indicated that the management of the

unrest was carried out with tolerance and while there were ill-intended plans by some foreign

interventions, to deepen the turmoil and increase casualties, legal standards were observed and

the incident ended with the lowest human casualties. The right of protest is recognized and

guaranteed in the Constitution of the Islamic Republic of Iran. Article 27 of the Constitution

recognizes the establishment of gatherings and marches without carrying weapons, provided

that they are not detrimental to the principles of Islam. It should be noted that, with the

exception of a few limited days of turbulence, when social networks were exploited by

organized abusers, immediately after the end of the unrest, all people had access to social

networks. According to existing information, access to the Internet and mobile has been

possible over the past days.” In gatherings that took place in the past days with the guild goals, unfortunately, some people

intended to misuse the and to take action, which was the target of orchestrators from outside

the country. Fortunately, the Iranian people separated themselves from these people. As noted

in the previous paragraphs, some hostile mal-wishers from outside the country had planned to

take actions which would destroy the private assets of people and state property. These people

and their followers sought goals other than livelihood issues of people. A large number of

individuals who took such actions were identified and prosecuted. The arrested individuals

were further found to have no livelihood concerns and their leaders and the main elements

were referred to the judiciary. Many of them who were deceived by the emotions of their

young age, were released upon completion of the required procedures. During these incidents,

police officers resorted to their authority, rationality, intelligence and their past continuous

trainings and restraint, encountered these people and struggled to protect the security, the lives,

the wealth and honor of people. Therefore, the information provided in this paragraph is

incorrect and should be deleted from the final report.

Reply to paragraph 6

Following the repeated emphasis made by the Islamic Republic of Iran on the importance of

the unilateral sanctions imposed by some countries against the Iranian government and people,

and the gross violation of human rights by preventing people from enjoying their rights, in

particular economic rights, including development, welfare, access to certain medical drugs,

and the like this report has raised the issue very late, which we take a vigilant note.

Reply to Paragraph 7

Although a number of sources have been included in the Draft Report as a basis for its

preparation, but with careful consideration of the Draft Report, it is noted that, in some cases, it

has not mentioned its sources and documentation or it merely includes allegations or

statements cited exclusively by a non impartial source (such as those in Paragraphs 12, 22, 23,

27, 33, 35, 37, 38,39, 54, 56, 57, 59, 61, 69, 70, 75, 76. 77); and also the Draft has cited

numerous statements and press releases of Special Procedures mechanism and those of the

Office of the High Commissioner, many of which have already been adequately addressed by

the Islamic Republic of Iran; and accordingly, it is highly expected that before finalization of

the present Draft, the response submitted by the Islamic Republic of Iran to the issues in

question, to be sufficiently taken into consideration and account. In addition, the presentation

of unrealistic statistics, such as the allegations raised in Paragraphs 13, 19, 21, 23, 25, 31, 33,

72 of the introduction, suggests a lack of required precision in the insertion of materials, which

needs to be amended.

Unfortunately, the draft in many respects repeats baseless allegations; it also uses non-biased

sources and does not use the written and verbal information provided in the meetings. In

addition, the prejudice and the use of negative literature, even against the progress made,

indicate the bias in the report and its departure from neutrality, which is clearly in conflict with

resolution 5.2 on the subject of the duties of mandate holders. This situation reduces the value

of the report and the ability to cite it seriously.

In the appendix to the present draft, there are a number of cases in the judicial records of

individuals who lack information or whose cases have not been finalized with a prior

judgment, and according to which a draft is intended to illustrate the human rights situation in

Iran, while in accordance with international standards, until the internal mechanism is fully

implemented, the case cannot be commented upon.

In the last year's reply to the draft report of the Rapporteur, several cases (50 cases) were

unfounded, and according to the information provided, the Islamic Republic of Iran has

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requested the removal or modification of them; unfortunately, despite the clearance of the

subject, the appropriate action was not taken by the Rapporteur and only in very few cases

Iran's reactions to the draft were reflected in the Final Report, which was seriously criticized.

Reply to paragraphs 8 and 9

Despite the fact that the appointment of the Special Rapporteur for Iran was unnecessary,

meaningless and harmful, but in line with the United Nations human rights system and in order

to correct the Rapporteur's approach and to set up a report based on reliable information, the

Government of Iran continued its cooperation and interaction with the Special Rapporteur.

The Islamic Republic of Iran has taken a serious decision to cooperate with international

mechanisms, including the Special Procedures mechanism, including in the form of responding

to communications, and it has tried, within a limited time, to provide sufficient information on

requested cases, upon receiving responses from competent authorities. Inserting the statistics 7

responses from 9 communications, in the current report of the Rapporteur, indicates about 77%

of the responses, and Iran's constructive and expanding cooperation with the Rapporteur and

other mandate holders of the Special Procedures.

Reply to Paragraph 10

Despite the fact that the Islamic Republic of Iran considers appointment of the Special

Rapporteur unnecessary, meaningless and harmful , but in line with the United Nations human

rights system and in order to correct the Rapporteur's approach and to set up a report based on

reliable information, the Government of Iran has continually provided detailed replies and the

representatives of the Islamic Republic of Iran and other relevant authorities, in the past, have

had meetings with the Rapporteur, and this interaction has continued, as Madame Rapporteur

has mentioned.

Reply to paragraph 11

Since the President of the country is responsible for implementation of the Constitution and the

safeguarding, protection and support of freedom, the respect for the rights and freedoms of the

people, he has proclaimed the "Citizens' Rights Bill" as a government policy to respect and

promote the fundamental rights of the Iranian nation. The purpose of this Charter is based on

the aim of promoting citizenship rights and developing a "government plan and policy", subject

to Article 134 of the Constitution, and includes a set of citizenship rights that have been

identified either in the sources of the Iranian legal system or the government shall take any

necessary legal action to identify and implement them. The welcome expressed by the Draft

Report of the Charter of Civil Rights and the efforts of the 11th and 12th government is

positively evaluated and welcome and emphasized by the will of the twelfth government

toward further implementation of this Charter.

Reply to Paragraph 12

In this paragraph, instead of proposing objectives of the Report, it has taken a hasty judgment

and, thereby, deprived the opportunity for an impartial assessment and analysis in the

continuation of the draft report. In such a case, the introduction becomes the final conclusion

and compilation which is contrary to an expected structure of a balanced and fair report. In

particular, instead of focusing on such issues as: advancement in various areas related to

women, health, the need to combat the massive drug trafficking and related serious crimes,

increase the professional activity of journalists and the media, promotion of the status of

ethnical and religious minorities, the diversity of civil society activities and NGO organizations

in Iran, as well as the gravity of the damaging effects of unilateral and illegal sanctions of some

countries on the human rights of the Iranian people, inaccurate criticisms are raised this

paragraph, which have prepared the ground for the report to present a distorted picture of the

situation of human rights in Iran. Thus, this paragraph is needed to be deleted.

Reply to paragraph 13

As it was mentioned, unfortunately, in this paragraph, a number of incorrect statistics are

mentioned that need to be amended. The process of reduction of more than 50 percent of

executions over the past two years, according to the acclamation of this paragraph, is very

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significant and outstanding. On the other hand, the statistics of executions of minorities are

completely misleading, distorted and inaccurate; Because if the intention is that among the

executed drug related offenders and the deliberate murders, there have been a number of

individuals belonging to some ethnic groups or religious minorities, this separation is incorrect

and with malicious purposes; where according to the principle 19 of the Constitution, the

people of Iran of all tribes and ethnicities, have equal rights, and each punishment is

determined according to the law and in proportion of the crime; and if it is intended to claim

that individuals, only because of belonging to ethnic groups or a minority religious schools of

thought have been sentenced to death, it is a false statement and allegation and also there is no

documentation and evidence provided in this draft report.

Reply to Paragraph 14

In the Islamic Republic of Iran, the death penalty is intended only for the most serious crimes.

The most serious crimes, include mass trafficking in narcotics, which are treated with a special

sensitivity in the courts at the presence of the prosecutor's representative, the accused and his

lawyer. The cases are investigated, and will be vetted by convening the hearings and during

fair trial proceedings. The formalization of hearings in such crimes requires the presence of a

lawyer, and a meeting without a lawyer has no legal effect, and the decision made and the

ruling issued by the Supreme Court is void

The legislator has stipulated in Article 32 of the Law on Amendments to the Law on

Combating Narcotics, adopted in 1997: the death sentences issued in accordance with this law,

after the approval of the Chief Justice of the Supreme Court or the Attorney General of the

country, recognizes the definitive and necessary. In addition, it has improved the accuracy of

these sentences, which, if the ruling is considered by any of these officials to be contrary to the

legal and legal regulations, these authorities have the right to appeal and violate it, as a result of

which the full respect of the rights of the accused is committed. The new Criminal Procedure

Code also provides for the two stages of the investigation of drug offenses, and a revision of

the cases leading to the death penalty in the Supreme Court is required.

Regarding the legality of the death penalty in Iran and the multi-stage proceedings with due

observance of the principles of justice, so far no international authority has ever made a claim

on non-observance of legal standards in dealing with drug offenses or certain individuals who

have been punished; Special Rapporteurs have been requested, many times, to provide the

Islamic Republic of Iran with verified information, but unfortunately, there are no positive

reaction has been received.

Reply to paragraphs 15 to 17

While welcoming the attention of the Special Rapporteur to the legislative and executive

developments regarding drug-related crimes, it should be noted that the amended law, by

changing the weight of various types of drugs, includes a significant number of convicts, who

are covered by the conditions set forth in the law. The new amendment is retrospective and as

it is stated in the Draft, no death penalty has been executed for convicts under this law.

In the case of foreign nationals, in order to implement the directive of the head of the judiciary

and after arrest of foreign nationals, the Directorate General of International Affairs of the

Judiciary informs the embassy of the country of the accused individual, through the relevant

section of the Ministry of Foreign Affairs of the Islamic Republic of Iran for appointing of a

lawyer and the required legal proceedings. If the lawyer is not introduced by the individual’s

embassy, the relevant court is required to appoint a lawyer for the defendant. If the above

provisions are not complied with in the case, the judgment given in the Supreme Court shall be

void. It should be noted that there is no difference between subjects of different countries in the

legal stipulations, in respect of the rights of foreign nationals; and in terms of the need to

observe the principles of the procedure, including the right to a lawyer. Although, in the case of

foreign nationals, in the form of a request for official representation of their country in Iran, in

some cases extra assistance is provided. Therefore, it is necessary to correct this paragraph

accordingly.

Article 6 of the Covenant on the Issuance and Execution of Death Penalty for Heavy Crimes is

generally permitted by law. Countries also pay attention to the general interpretation of the

Human Rights Committee on the definition of heavy crimes or the statements of some

international officials in this regard, and seek to find a solution to deal seriously with the tragic

phenomenon of drug trafficking and its adverse effects. The will of several countries to

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continue the death penalty for serious drug traffickers and to regard it as serious crimes

indicates the absence of effective alternatives and deterrences (to a large extent) of the

punishment and the need to prevent the conversion of drug trafficking as a legitimate

profession with high income, which was discussed in detail in previous sections.

Regarding the necessity applying the death penalty for some drug offenders, it should be noted

that due to the long eastern border of the Islamic Republic of Iran with the neighboring

countries and the seperation of legal and police responsibilities, the legal confrontation with

drug traffickers are carried out in several provinces. Traffickers usually carry drugs in large

volumes and in most cases they use heavy weapons, such as shotguns, RPG guns and mortar

60, against the Iranian border guards. The following information reveals statistics of police

performance in material discovery and statistics on clashes with armed gangs and smugglers.

So, given the wide range of smugglers' actions, the use of capital punishment for serious

offenders is expected.

According to the deputy head of the Anti -Narcotics Headquarters, sixty-nine drug smugglers

were killed last year, 94,000 smugglers and 26,000 drug addicts were arrested, 694 armed

operations were carried out in this regard, and 87 industrial drug manufacturing units were

dismantled. According to the source, six police officers were martyred and 16 were wounded.

Also, last year, two million and 465,000 pills and opiate ampoules were discovered, which

indicates an 11 percent raise from the same period last year. Most of the drug discoveries

during this period were in Kerman province and the least in Kish Island and also 370 weapons

were discovered.

In addition to police operations, 251 thousand and 136 individuals have attended courses of life

skills, child raising styles and drug abuse prevention, which has increased by more than 30%,

compared to the same period last year. In the first three months of the year 2014, 4211

individuals were admitted to 17 centers, in accordance with Article 16, for the maintenance,

treatment and reduction of drug addicts' harm. According to the approval by the social council

of the country, 10% of the cultural credits of the municipalities of cities over 500 thousand

population, has been allocated to the programs of prevention of addiction. Also, due to the lack

of statistics of addicted infants in the country and the identification of 51 drug sale sites, the

collection of street addicted women in the capital was also continued. Last year, the

Headquarters managed to cover preventive education for 8% of the Ministry of Education's

educational centers and seeks to integrate preventive education in partnership with UNODC,

even starting from pre-school education.

Note: A large number of documents and investigations in the area of drug offenses in the

country have been made and are available on request, including the website of www.dchq.ir

Drug Counter-Narcotics Research and Training Office.

Reply to Paragraphs 18-19

As for the cases on the implementation of death penalty for offenders under the age of 18, the

Islamic Republic of Iran, according to Islamic and human considerations, applies considerable

flexibility to offenders under the age of 18, including the requirement for examination of the

cases in special courts and the use of alternative punishments. Only in the case of murder

cases, the perpetrators under the age of 18 are tried in the "Penal Court" court with three

judges. According to law and the Islamic canon law, the punishment for the murderous crime is

“Qisas” (retaliation). The duty of the State in this case is merely to examine and deliberate the

murder, and execution of the sentence is only possible on the basis of the request of the owners

of the blood.

On the basis of the current practice, even after the court verdicts are finalized and endorsed by

the Supreme Court, extensive efforts are made by the “Reconciliation Commission” to satisfy

the requirements of the owners of the blood and convert the Qisas (retaliation) to “Diyeh”

(blood money).Over the past few years, a considerable number of offenders have been released

from the retaliation punishment. The principled policy of the Islamic Republic of Iran in this

regard is to encourage compromise, even with provision of cash assistance to realize the

payment of the Diyeh, and this is the prevailing trend and the main course of dealing with this

group of offenders.

Among the actions of the judiciary was the establishment of a new task force on "Prevention of

Deprivation of Life". This workshop is a subcommittee of the Executive Committee on the

Protection of the Rights of Children and Adolescents in the General Justice Department of the

Province of Tehran, which has now extended to all provinces of the country. The purpose of

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this group is to create peace and reconciliation and not to execute the reprisal. Even during the

trial, the group can attempt for obtaining compromise and take consent from the owners of the

blood. The members of this working group are: Representative of the National Authority for

the Rights of the Child, psychologist of the Correctional Center, social worker of the

Correctional Center, director of the Correction Center, lawyer for children and adolescents,

Secretary of the Executive Committee for the Protection of the Rights of Children and

Adolescents, and the sponsor of financial support. Other members of the committee are artists,

members of non-governmental organizations, children's experts and charities, are invited in an

honorary basis.

According to Articles 88 and 89 of the Islamic Penal Code, the court has foreseen one of the

five arbitrary decisions, provided for in Article 88, on criminal penalties (less than executions)

of persons who are at the time of committing a crime of between 9 and 15 years of age.

Penalties have become a securing and educating measure, and in Article 89, for people

between 15 and 18 years of age, criminal penalties (less than executions) have been deducted

and have been subject to light punishments such as retention in rehabilitation center or light

imprisonment or cash fines. Even under Article 91 of the law, in crimes of a high degree or

reprisal, if the persons under the age of eighteen years do not understand the nature of the

crime or if there is any doubt on their maturity, due to their age, they will be sentenced to the

stipulated punishments. "These developments are new in the Iranian judiciary in order to

maximally respect the rights and justice of offenders under the age of 18. Special requirements

in different sections and customs of different ethnicities have also been taken into

consideration. It should be mentioned that the provisions of the Islamic Penal Code have been

effective in reducing the execution of persons under the age of 18, and, as noted, only cases of

retaliation that do not result in compromise, despite attempts for reconciliation, may lead to the

execution of punishment.

Also, according to the unanimity (precedence) rule of the Supreme Court No. 737, the request

for retrial of the convicts who have been under the age of 18, at the time of committing a

crime, and their final verdict has been already issued, it is worth mentioning that sentences of

retribution for those people whose conviction were issued prior to the entry into force of the

Islamic Penal Code approved on February 1, 2013, if they request to be included in the

conditions provided for in Article 91 of this law, the conversion and change of punishment in

the manner specified in this Article shall be applied and the convict shall have a more

favorable sanction and punishment. Such a request may be made in accordance with Para. 7 of

Article 272 of the Law on litigation procedure for retrial.

In connection with the alleged execution of a prisoner at the age of 21 in July 2017 on charges

of committing a crime at the age of 13, the matter was brought to the attention of the relevant

authorities, which stated in response that a person named XXXXXXXXXXXXXXX, was

charged with smuggling into the country of the amount of five hundred and seventy kilogram

of opium as well as eighteen kilograms and two hundred grams and a hundred and thirty

centimeters of heroin was arrested and after being tried by law, the court of the city of Sarbaz

has sentenced to death, and the verdict issued by the Attorney General of the country is

confirmed. According to the case record, he was more than 18 years of age, and any allegation

otherwise on his age, is incorrect. Therefore, it is necessary to amend this paragraph in the final

report.

In connection with the subject of the convict Mr. Alireza Tajik, according to the existing

records, the missing of a 16-year-old boy by the name of XXXXXXXXXXXXXXX and the

subsequent discovery of his dead body in one of the water wells, by the police, near the

Gerdsar village of Fasa County, the case was investigated by the police and subsequently

Alireza Tajik was arrested as the suspect of the murder. By completing this process, the

criminal case was set up at the Prosecutor's Office and, upon completion of the investigation, it

was sent to the court. Ultimately, upon exhaustion of all the legal requirements and procedure,

the court condemned him with the crime of sodomy, murder and concealment of the body in

the well and sentenced him to Qisas (retribution in kind). Finally, the case was brought before

the Supreme Court and it was upheld..

According to the court of Fars province, "in accordance with the order of the chief justice of

this province the prosecutor of Shiraz ordered to stop the execution of the retaliation order until

further notice for more investigation of the matter; while, by examining the case. The Supreme

Court sent back the lawsuit issued by Branch 4 of the Penal Court of Fars province, on the

basis of lack of complying with Article 91 of the Islamic Penal Code on April 14, 2014 and

ordered re-examination of the case by the same branch. Branch 4 of the Fars penal court, after

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the holding sessions and investigation of the defendant and the obtaining the expert view of the

forensic commission and the examination of the mind maturity of accused and that he was

aware of the gravity of the crime he had committed, the verdict was submitted to Branch 11 of

the Supreme Court of the country and the Head of the Supreme Court further confirmed the

verdict and dispatched it to Shiraz judiciary department for execution. So far, two hearings

have been held at the Penal Courts of the Province and one meeting has been held in the

execution of criminal sentences department for peace and reconciliation. But in terms of the

type of the crime against the victim (sodomy and murder with a knife and then suffocation with

a rope and throwing the dead body in the water well), the owners of the blood did not accept

compromise and insisted on executing the sentence. According to the provided information, the

transparency of the proceedings and the observance of all legal requirements in the issuance

and execution of the verdict are well noticed and confirmed.

A fair hearing of Mr. Amir Hossein Pour-Jafar's case and execution of the death penalty

after legal proceedings is one of the evidence of non-discriminatory enforcement in Iran.

Because the crimes and crimes committed by him who has Iranian nationality can not be

discriminated against in the execution of the sentence against the Iranian citizen, which is

remarkable in his place, in relation to the victim or the victim who is a citizen of Afghanistan.

On the other hand, the severity of the crimes committed by the convicted person has been

proven, in various courts, and public conscience has been severely affected. On the other hand,

the owners of the blood have not been willing to consent to the crime of murder. Therefore, his

case has led to the execution of the sentence, just like other rare cases of this age group. The

following is a summary of the case file:

According to the information received from the Tehran Provincial Court and according to the

contents of the case, Mr. Amir Hossein Pour Jafar Katem Jani, known as Colonel,

XXXXXXXXX, was born on December 25, 1997, was arrested and charged with deception,

rape and deliberate murder of a six-year-old girl by the name of XXXXXXXXXX. Following

the legal procedure and hearing of the defendant's defense lawyer (named XXXXXXXXX), he

was sentenced to one-time execution for rape and lying and one-time Qisas and also one-tenth

of Diyeh of a Muslim woman for the crime against the dead body.

With the protest of the convict and his attorney, the case was sent to the Supreme Court and the

Branch 32 of the Court, arguing that no effective document had been provided in the protest

with regard to the prosecution's decision, due to non-observance of the principles and

procedures of the proceedings, the court's ruling is in accordance with the documents and

evidence contained in the case and in accordance with the law, the Supreme Court's ruling was

upheld. As for the gravity and depth of the crime, parts of his confessions are equally quoted

from the text of his statement:

"I was coming home from school and I saw the six-year-old girl XXXXXXXXX, the

neighboring girl, playing in the courtyard of our house with my niece's tablet. Mother and

family members left with their nephews, and Setayesh continued to play with the tablet. I asked

him to go home to show him the chickens. I brought him inside the house. I raped him from

the front. I was scared and did not cry. I went to the roof to smoke and saw that her family was

looking for Setayesh in the street. I was afraid. I came down. I brought her to the kitchen. I cut

her throat with a knife. Blood was thrown. She was grunting and after a while she remained

without a move. I put it inside a box and overed it. I went out and bought acid and alcohol and

espand. First, I poured acid onto the corpse until the corpse to get disfigured; then I poured

alcohol on it and burnt it, and then poured the spandel on fire to prevent bad smell. "

According to the contents of the case, all stages of the fair trial of the convict, including the

prosecution of the charges in the "criminal district of a province" with the presence of 3 judges,

the use of the lawyer during the investigation of charges and the achievement of rational

development and understanding of the nature of the crime and considering the report of the

forensic commission (article 91 of the Islamic Penal Code), all the existing legal proceedings

has been observed and finally implemented. Execution of this decree, in addition to the

realization of justice, results in the satisfaction of the public opinion, the parent, the

government of the victim.

In connection with the convicted person against Mr. Abolfazl Chezani Shahidi, despite the

certainty of the sentence, after legal proceedings and all stages of the proceedings, and despite

the insistence of the owners of the blood for execution of the sentence, serious attempts and

follow-ups are made, and the execution of the sentence is temporarily postponed. Attempts to

obtain parental consent are still ongoing.

A/HRC/37/68/Add.1

9

Reply to paragraph 20

Despite the reservation of the Islamic Republic of Iran with regard to the Convention on the

Rights of the Child and the necessity of complying with its provisions with Islamic law,

important documents have been adopted in the Islamic Republic of Iran, in the interest of

individuals of under the age of 18 years for giving them special protection. Also, the Islamic

Republic of Iran participated in the second cycle of the Universal Periodic Review, during the

twentieth session of the UPR Working Group meeting in a constructive and inclusive manner

and received 291 recommendations during interactive discussions with countries and

recognized about 65% of the recommendations. Recognition of the high percentage of

recommendations reflects the country's attention to the issue of the continuous promotion of

human rights and the willingness to communicate and work with others.

In the form of cooperation and communication, the Islamic Republic of Iran has implemented,

responsibly, all the accepted recommendations in the first round and reported it in official form

to the UPR mechanism; including a revision of the punishment laws for individuals under the

age of 18, which led to a change in the current law at that time. Also, in the second cycle, it has

adopted a number of recommendations that will be implemented in the framework of 4-year

planning and will announce the results in the due time.

Reply to paragraphs 21-22

The plurality of violent and bloody acts of terrorist groups, in particular the MKO terrorist

group during the early years of the Islamic Revolution, which witnessed the martyrdom of the

President, the Head of the Judiciary, the Prime Minister, more than 72 MPs, the clerical and

scientific authorities and martyrdom (assassination) of the 17,000 innocent civilians have made

Iran the largest victim of terrorism in the world. The intelligence cooperation of the MKO

hypocrites with Saddam Hussein during the imposed war, the assassination of the Iraqi Shiites,

the suppression of the Shabbaniyya uprising of the Iraqi people by the MKO and, in addition,

the intelligence cooperation with the organizations of some foreign countries, leading to the

assassination of the Iranian nuclear scientists have been among other crimes committed by the

terrorist group. By organizing sectarian houses and using various types of weapons, they

attacked people and created civil wars at the end of the Iraqi imposed war, just when the

Islamic Republic of Iran was going to implement Resolution 598 of the U.N Security Council

to conclude the status of the imposed war with Iraq, and because of the international

obligations resulting from the resolution, Saddam Hussein did not have the possibility of

continuing the war. This hostile (Muhareb) group of militants, using vast military equipment

and using many financial and intelligence assistance of Baghdad, whose documents were

obtained after the collapse of the Iraqi regime, launched a direct military strike on the west of

the country through the Iraqi soil and with the illusion of conquering the Capital Tehran. They

began a massive attack in which several border towns near the capital of Kermanshah province

were invaded and they carried out brutal acts such as killing ordinary people and killing

patients of hospitals and students of schools and there were numerous other cases of brutality.

In response to the resistance of the people and the Iranian troops, their operations ended in

defeat, during which a large number of armed and aggressive members of the group were

killed.

* The successes of the Iranian nation and the Government in the fight against organized

terrorism seem to have been transmitted incorrectly, and the false information has led to

prejudice on the issue which has been repeatedly analyzed and communicated in the Iranian

press. The people have widely supported it and consider it as one of the hallmarks of the holy

defense and the first decade of the Revolution.

* It should be noted that no non-violent person was executed and individuals from members of

terrorist groups who had an effective role in committing armed operations were tried in

accordance with the law and after having been subjected to the relevant legal procedures.

Another number of those who had lighter crimes were released after being imprisoned and they

are now busy with their usual lives. Many, who have little role in working and cooperating

with this group and other terrorist groups, have faced Islamic affection and have not been

prosecuted.

* According to the existing documents, the ruling sectarian situation in the organization of the

MKO hypocrite group is in such a way that the personal relations of the members are

dominated by the iron dominance. Examples of this include self-immolation (in the photo of

the detention of leaders in Paris), the forced marriage and organizational divorce, the

dissolution of the relationship between parents and children, forced abortion and the

requirement to live in camps and institutional homes including Camp Ashraf (Ashraf Camp )in

A/HRC/37/68/Add.1

10

Iraq. The disclosures of hundreds of members of the organization inside and outside the

country are available online and offline, and the fabricated stories and allegations and

accusations of the terrorist organization are well demonstrated by the relevant authorities of the

Islamic Republic of Iran.

Instead of supporting the false allegations made by the terrorist organization, it is expected that

the victims of terrorism will be supported and, in particular, the innocent victims of the terrorist

operations of the organization to be protected. There are more than 17,000 victims and the

record of each assassination is documented. It should be noted that claims for prosecution of

individuals who seek legal advice or make complaints, are false and could be investigated.

Also, according to information from the country's judicial sources, the allegation for mass

grave discovery in the mentioned cities has been false and has not been registered in any of the

official (judicial, police, and political) authorities. There was also a reference to the document

referred to in the report, which was not found, except for a false claim and a rumor. Given that

this claim is not reflected in any of the reliable media and the press of the country, which freely

entering the current events of the country, it is necessary to delete this allegation in the final

report.

Reply to Paragraph 23

It is necessary to, firstly, criticize the insertion of vague and general information in a draft, for

which no document or proof in presented. Because of this, any allegation could be made and

the Rapporteur has played the role of defense attorney, a prosecutor and a judge, and therefore

there is no possibility for the country to verify the claims made against it. In addition to the

method of concealing resources, it creates a false space for the reader to remove the Rapporteur

from the expected position of neutrality. In addition, there are raised examples of torture in this

paragraph which reminds us of the brutal tortures by Americans in Guantanamo and Abu

Ghraib prisons, whose prisoners are accidently from the country of the Rapporteur; and

attribution of such methods to the Islamic Republic of Iran may only come from an accusing

and illusory stance, which. The Report has repeated it in an irresponsible manner. Therefore, it

is necessary to delete this paragraph. In addition, which competent and reliable authority has

confirmed the allegation, as a result of which the Draft Report raises that in a paragraph.

It should be noted that in the Islamic Republic of Iran, under Article 38 of the Constitution, any

torture is prohibited in the country, and according to Articles 570, 578, 579, and 587 of the

Iranian Penal Code and the Articles of the stipulations of the Law on the Respect to the Right

to Freedom and the Protection of Citizenship, all offenders and other ill-treatment will be

subject to severe punishment. In addition, in order to monitor the full implementation of this

law, in accordance with Paragraph 15 of the executive instruction, the Central Monitoring

Board, in cooperation with the Provincial Supervisory Authorities, carry out the necessary

monitoring and inspections, and any action in breach of law shall be sued by judicial

authorities.

In the same vein, during the four-year period (2012-2015), 38557 inspections were conducted

from several thousand law enforcement, judiciary and prison centers throughout the country

and 11093 complaints and reports from the provincial councils and the Website for collecting

of reports and complaints from the Board of Governors. The Central Monitoring for the

Protection of Citizenship Rights had received complaints from among which only 4332 are

related to the law on respect for legitimate freedoms and the preservation of citizenship rights.

The measures taken by the Central Board and provincial delegations are based on the executive

instruction of the said law. These measures has resulted in issuance of 622 administrative

disciplinary warnings to judicial personnel, 385 to administrative personnel, 128 cases were

sent to the disciplinary court of judges and 116 cases were referred to the judicial authorities.

In addition, a total of 511 inspections have been carried out by provincial councils in order to

be able to carry out inquiries and respect citizens' rights. It is noted that out of a total of 4332

reported cases and complaints (including inspections and complaints) that were investigated,

only a small percentage of the cases could be considered as violations of citizenship rights, for

which the necessary measures were taken. In addition, in accordance with clause (b) of Article

9, Articles 10, 14 to 17, Article 39, and Clause D of Article 68, in the event of claims for

damages arising from a crime by the plaintiff, after considering the claim, in the case of proof,

the court shall award compensation for Material and intellectual losses. According to the

information provided, it is necessary to delete this section of this Draft Report.

A/HRC/37/68/Add.1

11

Replies to paragraphs 24-25

Unfortunately, in spite of providing detailed information on the contents of the draft report of

the Secretary-General of last year regarding the health and medical drug situation and the

status of prisons in Iran, incorrect and unrealistic allegations in this area have been repeated

from a non-existent source in the present draft. While, in addition to periodic inspections and

the handling of related complaints, Iranian prisons are subject to numerous governmental and

nongovernmental supervisions (written report of an independent NGO is annexed to the visit to

Evin Prison). The visit of several ambassadors and diplomats to the Evin Prison and visiting of

an 11-member parliamentary delegation from the National Security and Justice Commissions

and particularly their visit of security detainees and Section 209 should be duly taken into

consideration. The initial report of the visits indicates that the prison is in a good situation and

it is obvious that if there are shortcomings reported in the report, the cases were later carefully

examined and attended. The existence of this open-ended policy and open action towards

prisons is in serious contradiction with the false allegations made in the draft makes it

necessary to remove this paragraph from the final text. The following is a brief summary of the

regulations of the prison organization and the non-avoidable requirements in health and access

to bathrooms and toilets as well as access to medical treatment inside and outside the prison:

As for prison condition, nutrition, and hygiene of prisoners and the possibility of meeting them,

we would like to state that: In the Islamic Republic of Iran, the Executive By-Laws of

Prisoners' Organization are carried out for all detainees and prisoners. In short, in order to

describe the existing realities, all prisons throughout the country are subject to direct

supervision by prosecutors and their deputies. Prosecutors and their deputies can visit prisons

at any time, and prosecute offenders if they find violations, along with the removal of officers.

In order to carry out the duties of the Prisons Organization and the Provisional and Educational

Measures of the country, the following are noticeable:

1- Places used as detention centers are under the supervision of the Prisons Organization and in addition to internal monitoring (inspection, protection, judicial and enforcement) under

the auspices of the Attorney General and the judges of the Prison, on behalf of the prosecutor,

carry out inspections in all sectors, especially in the area of keeping defendants and convicted

security offenders. Citizenship rights units and the Ombudsman of provinces are also inspected

without prior information.

2- Since the responsibility of the detention centers is entrusted to the prison authorities, which is an independent organization under the supervision of the judiciary, the treatment with

prisoners, in order to provide security and education measures, is in accordance with the legal

and religious standards of the Islamic Republic of Iran.

3- The organization carries out the administration of prisons and there is no other place used as a prison and detention center other than the places under its supervision, and all judges

are legally bound to dispatch the accused under trial and convicts with an official introduction

to those prisons The prison authorities can not accept a detainee without a judge's order.

4- In practice, the necessary supervisory measures are taken by establishing a Central Monitoring Committee for protection of citizenship rights at the capital and in the departments

in the provincial centers, and inspection teams are dispatched to various concerned

departments, to investigate the received reports of violation. Investigating the performance of

government officials and acts of suspected abusers, has been addressed after reviewing the

results of investigations by competent investigation boards. The legislator has also stipulated a

mechanism for the claimants of violation of citizenship rights, through the enactment and

enforcement of the law on respect for legitimate freedoms and the preservation of citizenship

rights. The mechanism recognizes authorities as accountable for execution of the law and for

protecting the affected individuals and the litigation through the supervisory boards; with the

continuous increase in regulatory measures, we have witnessed a significant reduction in

complaints received to inspection boards over the recent years.

5- The approach to improving the prisoners' retention status has always been on the

agenda, and the health, treatment and nutrition of prisoners has been well attended. In

accordance with Article 95, a minimum standard diet of three meals a day, containing all the

necessary food ingredients, including at least three meals of food containing meat, is fully

complied with, and the inspectors apply a comprehensive oversight. In order to promote the

well-being of prisoners, buffets and shops are set up, with affordable prices, in accordance

with Article 98 and its clauses.

6- Mistreatment with prisoners is prohibited, in the constitution and customary laws, including the law of respect for legitimate freedoms and the preservation of citizenship rights.

A/HRC/37/68/Add.1

12

Prison officers and prison officials have received the necessary trainings in this field, and in

addition, they receive on-job trainings.

7- Health units are located in prisons, and standard care is provided, so that prisoners' access to doctors is sometimes much easier and faster in comparison with other people in the

community; and all medical treatments for prisoners are provided free of charge. In addition, in

the case of special medical requirement, the prisoner shall be dispatched to hospital out of the

prison, upon discretion of prison’s doctor, and coordination of the judicial authority with the prison supervisor.

8- In prisons of the country, vocational training workshops are available for qualified volunteers and allows the prisoner to receive both professional and post-vocational training,

and receive income for his productive work and send it to their families living outside the

prison.

9- In the Islamic Republic of Iran, while ensuring the rights of prisoner, in accordance with the law and regulations of the Prisons Organization, facilities such as frequent visits to families

and relatives, the availability of appropriate medical and sanitary facilities, access to amenities,

shop, barber shop, sports club, educational and cultural classes, cinema, library and so on are

stipulated.

10- The guarantee of respect to the rights of detained persons and appropriate behavior with them, including the right to defense, the opportunity to use an attorney and an expert is well

stipulated in the law on "Respecting legitimate liberties and protecting citizenship rights" and

other statutory provisions. In addition, the clause one of the article of the law on citizenship

emphasizes that arrest is based on observance of the law and with a clear and transparent

judicial decree and order, away from the exercise of any personal tastes and abuse of power or

the committing of any kind of violence, and particularly in accordance with the principles of

fair trial. In addition, the head of the judiciary is required to set up a committee to monitor the

appropriate implementation of these regulations and all the entities related to these regulations

are strictly required to report their actions to him. Also, in order to ensure more control, in

accordance with the provisions of Paragraph 15 of the Civil Rights Act, in all provinces, a

board is set up as the "Provincial Supervisory and Inspection Board".

11- The use of in-patient and out-of-prison facilities is such that, in accordance with Article 102 of the Executive By-Law of Prisons, medical clinics of prisons, are required to carry out

medical examination for all prisoners, at least once a month. Article 103 of the said By-Law

explicitly provides that the medical and sanitary needs of the convicted patient are to be

provided within the prison or rehabilitation institutions, and, in urgent cases, transfer of the

convicted prisoner from the prison for medical treatment, out of the prison, may be authorized

by the authorities concerned. According to Article 104 of the said regulation, the cost of

treating ill prisoners who are necessary to be sent out of the prison shall be met by prison

authority and it should be carefully applied to all prisoners. Article 105 of the same regulations

stipulates that all prisons and its affiliated places, such as vocational training halls, must be

disinfected at least once a month, and, if necessary, in shorter intervals.

The detailed information provided in the previous and current responses on the situation of

prisons and the observance of the relevant provisions does not intend to imply that there are no

shortcomings in prisons. Allocation of funds in the Judiciary and the prisons organization, is

meant to improve prison conditions or construct new prison facilities in some provinces to

reduce the probable prison population density. The relevant progress reports are also

announced in the media. This issue is not limited to Iran, and a vast majority of countries are

involved in this issue, given the growing incidence of crimes in the world. It should be noted

that the communications of the Special Procedures regarding the prison conditions of the

persons referred to in paragraph 25 is formally responded and the allegations have been

rejected. In this way, the allegations is needed to be deleted from the final report.

Reply to Paragraph 26

The response to the allegations and the request made in this paragraph has already been

expounded in paragraph 23 above. Regarding the use of modern facilities to ensure the safety

and well-being of prisoners, studies have been made and in case the Special Rapporteur would

like to offer special suggestions, we are prepared to take them into the due consideration.

Reply to Paragraphs 27-28

Unfortunately, this paragraph of the Draft Report, without mentioning the source, by

prejudging and refraining from a balanced examination, that is expected from an international

report, raises allegations which are essentially incompatible with the situation of prisoners in

A/HRC/37/68/Add.1

13

the prisons of the Islamic Republic of Iran. The Draft also attempts to continue to ignore the

government's compliance with standards in prisons, as well as numerous legal humanitarian

affections provided to prisoners; which are in response to all claims made in this draft. It is

therefore necessary to remove this paragraph from the final report.

According to the announcement dated 4 Nov. 2017 of the court of the West Azerbaijan

Province, Mr. Mohammad Nazari, was arrested on July 5, 1994 and he was charged with

acting against the security of the country, re-joining the dissolved Democratic Party and

returning to Iran to carry out assassination operations; and was sent to prison. Upon exhaustion

of the relevant legal procedure, he was sentenced to death in accordance with the verdict No.

1373 of Sep. 10, 1994 issued by the Islamic Revolutionary Court of Mahabad, and the

judgment was confirmed on Dec. 15, 1994 in the application of Order No. 906/31 issued by

Branch 31 of the Supreme Court of the country. He has been pardoned by the Supreme Leader

in 1999 on the occasion of the birth of the Holy Prophet Muhammad (PBUH) and his death

penalty was changed to life imprisonment. Then on Dec. 7, 2007, in continuation of his term of

imprisonment, he was transferred from Orumieh to the Raja'i Shahr prison in Karaj city. He

went on hunger strike a few months ago and subsequently used the medical treatment of

outside the prison, which is acknowledged in this draft paragraph. It should be noted that with

favorable opinion of the Urmieh prison (near the place of his family), his request of transfer

have been approved. He is currently in the prison of Orumieh near the family. Therefore the

claim in this paragraph is incorrect and needs to be corrected.

Reply to paragraphs 29

Firstly, it should be noted that the statistics presented in these paragraphs do lack

documentation in absence of mentioning legitimate sources, while it is highly expected that an

international report to rely on documented and verified information and sources.

"Islamic Hodoud"(Islamic punishments) are punishable and effective punishments that are well

included in the Iranian law. Of course, the relative deterrence of punishment is obvious and it

is recognized and confirmed by various scholars of law and criminology. If the punishments

were absolutely deterrent, the crime would not continue to be committed in the world. The

question is if the use of long-term prison sentences has created an absolute deterrent to offenses

in Western countries?! By accepting the relativity of deterrence of punishment, Islamic

jurisprudents have also made a comprehensive research on the more effective and more

humane nature of Islamic punishments on the use of imprisonment or confinement. Also, the

physical punishments which are anticipated in the laws of the Islamic Republic of Iran are

legislated and legalized, and therefore they are not in contradiction with Iran's obligations

under paragraph 7 of the International Covenant on Civil and Political Rights.

As for the issue of the use of lash punishments in the Islamic law, it has been considered and

stipulated to prevent similar crimes and to reduce the use of sentences of imprisonment, which

by themselves, have had major social, moral and economic consequences. Regrettably, this

punishment has been interpreted wrongfully, by the West, as a degrading punishment. Lash

punishments are issued and enforced as a substitute punishment for limited cases and, at the

discretion of the judge, could be replaced by cash penalty. In addition, research shows that, in

most cases, convicts prefer to receive a few lashes rather than going through a few months of

imprisonment.

The punishment of amputation is an Islamic punishment and deterrence that is reflected in the

laws of the country and may be implemented in very rare cases where the crimes committed

have undermined public safety or a large amount of people's feelings. On the other hand, it is

worth recalling that the issuance of a reprimand for amputation is very rare, and in assuming

the issuance, the circle of execution of sentences in the direction of proposing the conversion

of punishment, will endeavor to establish reconciliation meetings and compromise and obtain

consent from the holder of the right (which in many cases leads to success)

Reply to Paragraph 30

Contrary to the allegations raised in this paragraph, it is necessary to refer to a part of the

country's progress and achievements in the field of the press: the law of publication and access

to information approved in 2009 guarantees the right to free access to public information for

any Iranian person in the framework of laws and regulations. Also under the Article 11 of the

Press Law, adopted in 2000, the Board of Supervision of the Press is responsible for reviewing

the application for licensing and the recognition of the applicant and the responsible director.

In addition, as stated in this paragraph, Article 26 of the Citizen's Rights Bill also recognizes

the right to freedom of expression for any Iranian citizen in such a way that this right must be

A/HRC/37/68/Add.1

14

exercised within the limits prescribed by law. In accordance with this same article, citizens

have the right to freely search, receive and publish opinions and information about various

subjects using the means of communication, use of public information or dissemination thereof

subject to relevant laws and regulations.

In this regard, it is noteworthy that there are 25 trade associations with a license related to the

field of journalism in the country, which include: Association of Chartered Guilds of Iranian

Journalists, Journalists 'and Journalists Workers' Association of Iran, Journalists 'and

Journalists' Association of Iran, Association of Media Managers, National Media Cooperatives,

Association of Publications of Agricultural and Food Industries, Association of Iranian

Journalists, Association of Journalists and Writers of the Holy Defense, Golestan Journalists

'Association, Press Association of the Press Association, Association of Iranian Journalists,

Journalists' Association of Iran, Press Association of Iran, Association of Non-Governmental

Journalists, Association of Non-Governmental Journalists, Association of Journalists of

Muslims, Association of Writers, Journalists and Sports Photographers of Iran. Neglegation of

the Kurdistan Provincial Publications, Association of Sports Photographers and Sports

Reporters of Isfahan Province, Isfahan Journalists' Association, Association of Advertising

Photographers of Isfahan Province, Isfahan Advertising Association, Isfahan Advertising and

Advertising Association, National Press Association of the Provinces of the country,

Association of Journalists of Qazvin Province, Association of Journalists and Journalists of

South Khorasan Province, Association of Journalists, Journalists and News Agency

Chaharmahal & Bakhtiari Province, Association of Journalists of East Azarbaijan Province.

There are also a significant number of print and electronic publications, sites and newspapers,

including 6030 licensed printers, 2055 licensed news sites (42 sites), 42 news agencies, 365

off-line electronic publications (totally 8492) in the country.

In addition, due to the priority given to the issue of media and access to information in the

country, several exchanges of media delegations with other countries, as well as twenty-three

periodicals of the press exhibition have taken place, the recent initiative, the holding of a

periodical exhibition of the press, are the cases experienced merely in Iran. At the time of the

press exhibition, in addition to the immediate dialogue between authorities and the media with

the media, the demand for and response to problems, the holding of professional, professional

and general meetings, apart from the media's exploitation of this capacity and national banquet,

led to the design, pathology and Finding suitable solutions to various issues and affects the

community. The press exhibition, in addition to holding specialized and practical workshops

with media lecturers and media pioneers, as well as the presence of foreign guests, mostly

internationally renowned international journalists in the world, will also help develop media

interactions while using the exhibition space.

Reply to paragraphs 31 and 32

Firstly, the statistics presented in paragraph 31 of the draft is incorrect; secondly, by virtue of

the law, the Supreme Council of Cyberspace is an upstream and independent entity in the field

of cyberspace in the country, which is the main task of this policy institution, macro

management, planning, decision making, and timely and efficient and up-to-date monitoring

and monitoring in cyberspace. According to the law, the laws of this institution are binding on

all relevant organizations. So far, the council has not passed a bill on the need to verify the

identity of internet users.

In addition, in accordance with Article 22 of the Computer Crime Act, the Judiciary is required

to establish a Code of Conduct for Criminal Instances. The committee is composed of

representatives of relevant organizations and it is headed by the Attorney General of the

country. The committee acts on the basis of laws and regulations to determine the examples of

websites that seek to endanger the safety and security of the community, promote crimes

against general ethics, promote false information and support terrorist groups. And the relevant

judicial departments also deal with offenders of laws and regulations of the country and take

action against perpetrators of the crimes. This approach not only does not violate the freedom

of expression and privacy of the people, but also guarantees the rights and privacy. It has also

been a serious demand of people from the government and the State to protect the rights and

privacy of individuals against those who are unaware of and heedlessly disseminating personal

and private information.

It is noticed that the allegations made in this paragraph are incorrect and the official policy of

the Islamic Republic of Iran is to improve the access of people to information and provide legal

freedom for the activities of newspapers and websites; therefore, it is necessary to amend this

paragraph in the final report.

A/HRC/37/68/Add.1

15

While reiterating the incorrectness of the statistics contained in paragraph 31 and the need to

amend it in the final report, the Islamic Republic of Iran's principled strategy is to promote the

rapid and inexpensive access of all sectors of society to the cyberspace, particularly in

particular the 11th and 12th governments’ programs and actions, in this area, are notable and the results are reflected in official statistics. The widespread use of social networks by the society led the High Council of Cyberspace, as the reference to the management of this space,

required them take action for prevention of crimes and the abuse of public data; and, in

addition to encouraging internal social networks, they prompted other networks to transfer

servers to Iran. IPDs are commonplace when accessing the internet anywhere in the world,

even in public areas such as hotels, in order to prevent internet crime or to detect possible

hackers.

Therefore, the main policy of the country is the increasing use of cyberspace and information

facilities, but along with this policy, other principles such as ensuring public safety and public

morality and protecting family members should be observed. Here are some of the

improvements made to make people more accessible to cyberspace:

Development of communications and information technology as an infrastructure and

empowerment of all parts of the country has been of great importance to the government.

Undoubtedly, the field of information and communication technology can be greatly expanded

with the development of e-government, the empowerment and transparency of the country's

administrative system as much as possible, reducing the number of redundant and parallel

processes of work, as well as less volume of economic corruption in the country. A look at the

status of the indicators of information and communication technology in the government

suggests appropriate progress in this area during the eleventh government, and an increase of

more than 6 equal internal bandwidth, 797% increase in the capacity of the country's

transmission network, an increase of 243% data network in the country, provision of 101

trillion riyals of investment in communications infrastructure, and etc., all show the

government's determination to expand and develop communications and information

technology in Iran.

Also, given the need for deprived areas for communication and access to services, and

considering the reduction of gaps in access to ICT services in urban and rural areas, the

government has been paying particular attention to villages by investing in those areas as well

as using private sector power. As a result, providing of high-speed access to data and

information for over 18,000 villages has been provided, so far. In the development of

communications infrastructure, which is one of the main bases of communication, it has been

accompanied by a 6-fold increase in domestic capacity compared with the beginning of the

eleventh government. In addition, any filtering, censorship and limitation of communications

in cyberspace is subject to legal regulations.

Replies to paragraphs 33-34

The contents of this paragraph are based on inaccurate information and despite the detailed

information on the freedom of journalists and the media, and the development of the volume of

their activities and their number, in response to the previous report of the Special Rapporteur,

the general allegations have been repeated, in absence of verification, without mentioning their

sources.

Allegations which are raised in these two paragraphs, without verification are not acceptable.

In the Islamic Republic of Iran, in relation with communication media, the legal framework if

observed, and in accordance with the current laws and regulations, any offense defined by the

legislation, shall be met with the legal constraints, after fair trial. The regulatory or arbitrary

deterrent in this regard is based on the commission of a criminal act. Also, the claim of

harassment and threats against the family of the Iranian staff of the BBC News Agency is

incorrect; because on the assumption that a person has committed a crime, in terms of the

principle of personal prosecution and punishment for the perpetrator, taking of action against

his/her family is not conceivable.

It should be noted that 156 foreign media outlets in Iran, including the BBC English and

Arabic (whose names appear on the website of the Ministry of Guidance at

https://foreignmedia.farhang.gov.ir/fa/pressoffices), number 310 Active journalists, one third

of whom are foreign nationals, are active in Iran.

On the other hand, it should be noted that the Persian BBC institute is not an independent

media network, and its financial and political affiliation with the Ministry of Foreign Affairs

and the British security agencies has been very serious and it has been challenged repeatedly

even by British citizens. The political record of this network is obvious to all in the creation of

social and political crises and color revolutions in the opposition countries of the West. In the

A/HRC/37/68/Add.1

16

Islamic Republic of Iran, this network had committed several destructive activities beyond the

sphere of media activities, especially in the sedition of the years 1998 and 2008, through the

dissemination of false information, disturbing public opinion, insulting sanctities, provoking

ethnicity and strengthening the circles of overthrow and terrorism, which resulted in serious

criticism of the activities of this network in the country. Therefore, with regard to the

continuation of such destructive activities beyond the media, the judge of the Prosecutor's

Office issued a temporary judicial order to ban some of the BBC staff and their relatives’ activities, for further investigation, considering the traces discovered of suspected financial

transactions of some employees and affiliates of this network in Iran.

Reply to paragraph 35

Seyed Hossein Kazemeini Boroujerdi:

Mr. Seyed Hossein Kazemeini Boroujerdi, son of XXXXXXXXX was born in 1954 in the

city of Borujerd, a resident of Tehran, was arrested on charges of forming a cult with extreme

tendencies and organizing and destroying public property, burning several motorcycles and

buses, and concealment of two firearms. Following the required legal proceedings, he was

sentenced to 10 years' imprisonment. As has already been confirmed by the Special

Rapporteur, in the Islamic Republic of Iran no one is sued or tried because of his or her belief

of thought. As it is evident in the case of Mr. Kazemeinii's case, his actions and violent acts

were the basis for his arrest and sentence, on the law. It should be noted that, despite the

misuse of the similarity of his name with Ayatollah Ali Azimi Boroujerdi, he has no relation

with the household of the Late Ayatollah.During his prison term, he has been in good health,

enjoying his legal rights, health requirements and the right to visit members of the family and

access to cultural and press affairs.

According to the latest information, dated 9 Dec. 2017, the Special Clerical Court of the

Islamic Republic of Iran: "In the case of the file No. 2/v/5905/79, Mr. Seyyed Hossein

Kazemeini Boroujerdi, son of XXXXXXXXX, was charged with “ Moharebeh and corruption

on the earth”, confrontation with police and insecurity, dissemination of lies and abuse of his

clerical status. According to the verdict No. 86/2177 dated 29 August 1997, of Branch 3 of the

Special Court for the Clergy, he was sentenced to eleven years imprisonment, dismissal of

clerical status and payment of Diyeh. The verdict was appealed and later confirmed by the

court decision No. 86/774/2 dated 27 Feb. 2010 of the Second Branch of the Revolutionary

Court of the clergy. He was transferred to Evin Prison on 20 Sep. 2008. Ever since he has been

enjoying prison facilities such as medical treatment, family visits and telephone calls.

Eventually, due to his remorse, lack of association with the disciples and the closure of his

political activities and his illness, his leave permission was extended. Finally, termination of

his imprisonment was announced on 2 Aug. 2017. with the introduction of a leave to work

permit and, until the end of his term of imprisonment, his leave was extended, 05/96 has been

terminated. No evidence or proof was found on the other allegation raised in the paragraph.

Response to Paragraph 36

Despite the information provided in the response of Iran to the Special Rapporteur’s report of

the last year, repetitive, false and unsubstantiated allegations have been repeated in this draft

report. Expressing concern about the situation of civil society activists in Iran is discussed in

this section. In Iran, there are a large number of activists in the field of social, civil and human

rights, although the abuse of the title of civil rights activist or human rights defender or any

other similar title can not undermine their judicial responsibility. Unfortunately, in the Draft,

the title of the women's rights activist, workers and human rights defenders has been used

incorrectly, to the point where, in some cases, terrorists can also be subject to these titles. In

addition, the use of the title of civil rights activist or human rights defenders to insult

individuals who, according to their anti-social behaviors, ignore the norms of the society and

commit offenses against the law, is an insult to the true defenders of human rights.

Response to Paragraph 37, 38 and 39

Unfortunately, many incorrect and unfounded allegations have been made in these paragraphs.

Since the allegations are general and lacking detail, they are not verifiable. It is unfortunate that

these allegations in the draft are assumed as correct propositions and based on the prejudices

that have to be deleted. As mentioned earlier, in Iran, there are a large number of activists in

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17

the field of social, civil and human rights, although the misuse of civil rights activists or human

rights defenders or any other similar title cannot undermine their judicial responsibility.

Unfortunately, in some cases, the use of the title of the active rights of women, workers and

human rights defenders has been used with impunity and tolerance, to the extent that with this

interpretation, in some cases, terrorists may also be subjected to this title. In addition, the use

of the title of civil rights activist or human rights defenders to insult individuals who, according

to their anti-social behaviors, ignore the norms of the society and commit offenses against the

law, which is an insult to the true defenders of human rights.

According to Article 26 of the Constitution and Article 131 of the Labor Law, the right to

form associations and trade unions has been identified (executive by-law of this article is under

consideration). In addition, article 73 of the Fifth Development Plan, paragraph h, emphasizes

the strengthening of labor and employer organizations, "the legal right of trade protest" for

these organizations, and, in this regard, the Code of Practice for the Management and

Organization of workers' protest has been developed. Certainly, holding any gathering is

subject to the prior authorization of the relevant authorities. According to official statistics,

dozens of grassroots demonstrations take place in the country every year in the workplace and

public areas, and rallying or protesting is not seen as an act against security. On the other hand,

labor problems in Iran have been created after the intensification of unlawful, unilateral and

imposed sanctions (in Iran's trade relations with other countries) which have also resulted in

closure of some industrial units, problems in paying salaries and benefits of many classes of

the society, including the workers. The management and the plans and decisions of the

authorities have so far relieved the problems to a considerable amount; and in particular, the

lack of abidance of the United States with its obligations under the Comprehensive Plan of

Action, has been struggling against the policies of economic reform and the elimination of the

Iranian people's problems in this area. This attitude of the US has led to free banking

cooperation and ultimately further problems for all walks of life. In addition to domestic

measures, the Islamic Republic of Iran and the member states of the Non-Aligned Movement,

by adopting a resolution on the United Nations Human Rights Council, have put in place a

special Rapporteur to investigate undesirable human rights violations of unilateral sanction of

the states. In the future, these activities could be effective in removing such sanctions and

preventing it from being repeated for developing countries. However, authorities have been

trying to deal with the working community with the highest possible tolerance, and even after

the finalization of judicial decisions, attempts have been made to reduce penalties. In a few

cases, unfortunately, the accused has misused the available capacities in the field of labor for

illegal purposes, such as consolidating terrorist goals, encouraging armed action and actions for

overthrowing the system, harboring ethnic and religious hatred. Also, in line with further

support of the Iranian workers, Iran has continued its effective and constructive engagement

with the International Labour Organization.

Reply to paragraph 40

Mr. Reza Shahabi was arrested on 14 June 2010, and charged with committing offense

against the security of the country through the association with the terrorist group of MKO

(which has been repeatedly recognized by various countries as a terrorist organization and its

terrorist acts resulted in martyrdom of more than 17,000 Iranian people, as well as thousands

of Iraqi citizens during the period of Saddam Hussein) and receiving money from the terrorist

group and propaganda activities against the Islamic Republic of Iran. He is the driver of Tehran

and suburbs Bus Company. According to available documents, Mr. Shahabi has been

cooperating with the terrorist group of MKO since late 2008, in the form of news and

information manipulation, attending illegal gatherings for filming, photographing, and sending

via the internet to the terrorist organization of MKO.

Therefore, considering the above, he was charged with 1- association and collusion with the

intention of committing a crime against the security of the country through communication

with the terrorist group of MKO; and 2. Propaganda against the Islamic Republic of Iran, He

was tried by the Tehran court and after the defense his lawyer, XXXXXXXXX, and following

legal proceedings, according to the lawsuit dated 10 April 2012, and in accordance with article

47 of the Islamic Penal Code, he was sentenced to five years' imprisonment on the first part of

his charges and one year's imprisonment, including the duration of the arrest, as well as

extradition of seventy million rials in cash in favor of the government. The verdict was

reviewed by the Branch 36 of the Provincial Court of Appeals and after being re-examined by

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18

the defendant and his attorney, it was upheld. According to the court ruling dated 13 June

2012, pursuant to Article 257 of the Code of Civil Procedure of the General and Revolutionary

Courts in criminal matters, the verdict was confirmed.

Following enforcement of the legal provisions set forth in Article 134 of the New Penal Code

he was sentenced to five years' imprisonment and extradition of the mentioned cash money.

Unfortunately, he continued his relationship with the terrorist organization, in the same way

that he committed offenses during the period of leave, and therefore, he has a new case and he

is charged with propaganda activity against the country (by telecommunication with elements

of the organization of the terrorist group of MKO). He was sentenced to one year

imprisonment and his final sentence was announced on 9 Jan. 2016.

It should be noted that he has used several times of out of prison leaves, and even from 16

Feb.2015 to 6 May 2015, he was not in prison, on the basis of Islamic affection. The issue of

the possibility of granting him amnesty, has been taken into consideration in the relevant legal

mechanism.

Reply to paragraph 41

Firstly, the mentioned opinion of the Working Group on Arbitrary Detention is not filed with

these specifications, and as stated in the introduction, the Islamic Republic of Iran has

responded actively and responsibly to communications received from the Special Procedures

and, therefore, as a rule, the initial views of these procedures in communications are not be

considered definitive, and it is necessary for the mandate holders to pay attention to the

information provided by the governments in rejecting of allegations. Contrary to the allegation,

the issue of action against national security is a clear matter in the laws of the country.

In the Islamic Republic of Iran, the issue of fair trial is emphasized in the Constitution, in the

criminal procedure law and in other ordinary laws in all stages of the proceedings, from

discovery, investigation and trial to the enforcement of judgments, regardless of race, religion,

gender, and ethnicity of people under consideration. The observance of the principle of

innocence and the necessity of the legality of crimes and punishments are taken into account in

Article 37 of the Constitution and in Articles 2 and 12 of the Islamic Penal Code. Accordingly,

no one shall be convicted in law unless his or her crime is proven in the pertinent competent

court.

* The current laws of the country ensure fair trial standards, including immediate access to

lawyers, so that a significant number of lawyers and legal advisers are run under the

supervision of lawyers' associations in different regions of the country and relevant centers for

the provision of judicial and legal services.

* In accordance with Article 156 of the Constitution, the Judiciary is an independent power and

in accordance with Principles 164 and 166, the judicial authority is protected by law and at the

same time the judge is required to issue a verdict reasonably documented. In addition, ordinary

laws, such as "the criminal procedure", "civil procedure", and regulatory rules, have guaranteed

the independence of judges and lawyers at all stages of proceedings, whether they are

primitive, appeal, or appeal stages. The Judiciary is directly and without the influence of other

Powers of the country, protected by the Constitution (Chapter 11), and in order to implement

the rules of ordinary laws, which have followed the democratic process of the legislative

process and has become operational, to fulfill their entrusted duties in cooperation with the

affiliated organizations as well as judicial authorities at initial and higher stage. The judiciary

has taken several actions to improve the efficiency and guarantee more independence, by

monitoring the performance of the judiciary and affiliated organizations, including:

- Strengthening the organization of legal and judicial Deputies;

- Strengthening and enhancing of the jurisdiction of dispute resolution Councils in order to

resolve disputes and create peace and reconciliation;

- Establishing a strategic Deputy for more coordination and monitoring of the performance of

services to citizens;

- Establishment of a Crime Prevention Deputy position;

- Establishment of a cultural Deputy position to promote the legal culture in the society;

- Establishment of a Deputy position for Information and Communication Technology (ICT) in

order to provide citizens with easy and quick access to judicial authorities through cyberspace;

- Increasing the provision of specialized training courses for judges;

- Establishment of a free legal counseling center for responding to citizens' legal questions

through the phone system 129.

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19

Reply to paragraph 42

Following the detailed information provided on Mr. Arash Sadeghi, in response to the

previous report of the Rapporteur, which was necessary to be taken into consideration and to

refrain from repeating the wrong allegations, we would like to state in short that, in accordance

with the provisions of Article 134 of the Islamic Penal Code he was entitled to Islamic

affection and only a seven-and-a-half years imprisonment, the heaviest portion of his

punishments, has been enforced for the crime of gathering and colluding for committing a

crime against the security of the country, and he is presently serving his term of imprisonment.

Mr. Sadeqi has been enjoying medical and other facilities of the prison and he has no ban on

meeting with his family, and receiving cabin visits on a weekly basis. He has already stopped

his strike and is serving his conviction.

Reply to paragraph 43

Soheil Arabi's case is one of the examples of tolerance and affection with young people who

have committed heavy crimes. According to the existing information, although he initially

planned and deliberately committed insult against the Prophet of Islam (pbuh) and other

pecuniary offenses proved in the court, but with the precision of the relevant judge and

granting the opportunity to study instead of sentencing to the heavy punishment, provided by

law, he has been only sentenced to the heaviest portion of his sentences, to a seven-and-a-half

year prison sentence and he is presently serving the term of imprisonment. The investigation

shows that he is in good health and has access to health and well-being facilities. He has

already stopped his strike and is in good health. The other allegations contained in this

paragraph are incorrect and are necessary to be amended.

Reply to paragraph 44

Following the detailed information in response to the previous report of the Special

Rapporteur, on the basis of the latest information received from the relevant authorities, on the

24th and 29th of January, 2017, Ms. Athena was subject to affection and on the basis of Article

134 of the Islamic Penal Code his final sentence was reduced to 5 years imprisonment. He is

currently serving his term of imprisonment. It should be noted that he has had his regular visits

with his family members and he has been dispatched to medical centers out of the prison,

whenever needed. The claim on his new charge is incorrect. He went on strike in opposition to

his transfer to the prison of Ray city. He has already stopped his strike and is in good health.

Reply to paragraph 45

Ms. Narges Mohammadi's illegal activities and judicial review of her record show that she

has committed several crimes that should be taken into consideration. Also, observance of a

fair hearing and the use of legal remedies has brought his case with complete transparency,

which, consequently, to the fact that her case is not one of arbitrary detention case, and it is

necessary to amend this paragraph of the draft report. This issue has already been widely

reported to the Working Group on Arbitrary Detention and it seems that, due to delays, it has

not been included in the agenda of this group.

However, in relation to the illegal activities of the campaign, in addition to the absence of

taking the legal action to obtain a permit, the basis for the work of rejecting the laws of Islam

and challenging the Sharia Law (Islamic canon law) is contrary to the principles of the

Constitution. Without having the expertise, necessary to enter the subject, or to hold a scientific

discussion, they have studied the subject, the organizers of the campaign, according to the

collected information, sought to propagate against the sanctities of Islam and carry out a series

of illegal and illegitimate activities.

According to the Tehran Provincial Court, Ms. Narges Mohammadi, upon exhaustion of the

legal procedures and hearing of the defendants and lawyers, was charged with propaganda

against the state,for which she was sentenced to one year imprisonment, on charges of

assembly and collusion to commit a crime against the security of the country, to five years, and

on charge forming establishing the illegal group, she was sentenced to 10 years in prison and

the verdict has been verified in the appeal court. According to the request of the judge to

execute the orders of the Public Prosecutor, in application of Article 134 of the Islamic Penal

Code (adopted in 2013), only the punishment of ten years imprisonment was imposed as the

final sentence, from amongst the total punishment. She is presently serving her term of

imprisonment in Evin prison.

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20

Similar to her other inmates, she has been receiving her regular medical examinations.

Regarding his health status, records show that he was transferred to Taleghani Hospital in

Tehran on Saturday, August 1, 2015 and received medical care. She was again transferred to

the hospital for treatment completion on Sunday, October 11 Oct. 2015. It should be noted that

she was transferred to a hospital that was requested by her family, where Mrs. Mohammadi's

former doctors were working and were familiar with her clinical records. Medical

examinations have been continued whenever needed. Mrs. Narges Mohammadi has had 84

occasions of visiting doctors out of the prison within the last two years (6 of them have been

canceled by herself). It seems to be a maximum of cooperation for her medical treatment. She

has also had continuous visits with her relatives in presence and in cabins. Her recent health

and treatment measures have highlighted her normal health status and any expression of

concern over her health situation is unsubstantiated..

Mrs. Narges Mohammadi has had 95 cabin and in-person visits. It should be noted that she

does not use the privilege of visiting the family due to the absence of her family in Iran, and

mostly her brother, who is present in Iran, visits her.The issue of the amnesty or the reduction

of the punishment of offenders is carried out in accordance with the law and in accordance

with the relevant rules and is also applicable to her. The letter, referred to in this paragraph,

sent by a number of MPs, shall be definitely taken into consideration, and what is more

important is the request to be made for pardon, and the law cannot be expected to do it by

itself. Naturally, it should not be expected that independence of judges to be influenced by law

makers or politicians. It should be noted that the legislator, in Article 474 of the Criminal

Procedure Code, has stipulated the right of the application for retrial; and it is the eligibility of

such requests, otherwise it would be rejected.

Reply to paragraph 46

The allegation for the imprisonment of lawyers without reference to their perpetrated offenses

is inappropriate; since a lawyer cannot carry out an act that is outside his mandate and

advocacy, and definitely the Rapporteur also acknowledges that if the lawyer violates the limits

of his legal duties and acts contrary to law, he/she may be sued and brought to justice. He

could be punished by the court, after the issuance of verdict by the pertinent court, in

accordance with law. In the case of Mr. Abdolfattah Soltani, the following references should

be noticed:

• Effective participation in the establishment of a Human Rights Defenders' Club (without

obtaining legal permission) for carrying out illegal actions,

• Suspicious contacts with the embassies of some countries in Iran,

• Receiving significant amounts of cash from foreign services,

• Contact with elements of the internationally recognized terrorist group of MKO.

It should be recalled that, considering her numerous illegal activities, 12 lawyers have been

involved in the legal process and legal services. In addition, despite his conviction, and that he

was sentenced to 18 years imprisonment and 20 years of deprivation of his advocacy activities,

at the first stage, upon the review of period of his sentence he was finally sentenced to 13 years

of imprisonment, as well as 10 years of deprivation of attorney activity. Through his family

and his lawyers, he has been pursuing his health and treatment and has had the opportunity to

visit his trustworthy doctor and at least for 13 times he has been dispatched to medical clinics

out of the prison for dental and other treatment services. He is presently on leave from the

prison and further he may request for conditional release or even make a request for pardon

which will be considered in accordance with current regulations.

Reply to paragraph 47

Mr. Mohammad Ali Taheri was sentenced to five years imprisonment on the charge of

insulting sanctities, payment of 50 million Rials on the charge of illegal intervention in the

medicine and medical treatment of patients, cancellation of the license of the Erfani Keyhani

institution, to 74 lashes for committing act of Haram (act against Islamic Canon Law), payment

of ten million Rials on the charge of procuring and distributing audiovisual material and

unauthorized activities, payment of 890 Million Tomans on the charge of obtaining illegitimate

money, and finally to payment of six million Rials for unauthorized use of scientific titles. He

has been serving his term of imprisonment since 4 May, 2011. He has another prosecution file

on the charge of “corruption on the earth”, which has not yet been issued with a verdict

(because the Supreme Court has violated the judgment and referred the same to the court). He

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21

has completed his term of imprisonment and is presently in Evin Prison in good health, on a

provisional writ of capias. Meanwhile, he has had regular meetings with his first-degree

relatives. It is noted that his numerous unlawful acts do not relate to a healthy and lawful

human rights activist, and the legal proceedings in his case have been carried out with due

diligence in all stages of the proceedings.

He has three defense attorneys, and thus it can be seen that the allegations contained in this

paragraph are incorrect and need to be corrected.

Reply to paragraphs 48 and 49

Despite the information provided in the response of Iran to the Special Rapporteur’s report of

the last year, repetitive, false and unsubstantiated allegations have been raised in this draft

report. Expressing concern about the situation of civil society activists in Iran is discussed in

this section. In Iran, there are a large number of activists in the field of social, civil and human

rights, although the abuse of the title of civil rights activist or human rights defender or any

other similar title cannot undermine their judicial responsibility. Unfortunately, in the Draft,

the title of the women rights activist, workers and human rights defenders has been used with

carelessly, to the point where, in some cases, terrorists can also be subject to these titles. In

addition, the use of the title of civil rights activist or human rights defenders to insult

individuals who, according to their anti-social behaviors, ignore the norms of the society and

commit offenses against the law, is an insult to the true defenders of human rights.

Reply to paragraph 50

According to some judicial authorities, numerous crimes attributable to the individuals referred

to in this paragraph (Mr.s Mousavi and Karroubi) have been seriously documented, in the post-

election turbulences of 2009, and the flexibility shown by the Government toward them has

been merely for protection of their lives and also because of their earlier high ranking position

in the system.

Reply to paragraph 51

The Islamic Republic of Iran has already sufficiently provided detailed information to the

working group on the illegal activities of the Namazis. In previous responses, it is also plainly

mentioned that while thousands of Iranians who are residing abroad, travel freely and

enthusiastically to their country each year, and their relatives also travel abroad repeatedly, the

allegation for the arbitrary arrest of people with two nationalities is in vain. Moreover, as it is

observed, the legal prosecution and judicial review of some individuals with a foreign

nationality and the allegations raised in the draft, demonstrates incorrectness of the allegations.

Reply to paragraph 52

According to the Tehran Provincial Court, Mr. Ahmad Reza Jalali was arrested in 2016 on

charges of cooperating with the Mossad espionage services and confessed at the time of the

investigation in the prosecutor's office and in the court, as well. He has passed on the names of

30 nuclear scientists to the Israeli intelligence service, and as a result of which, two of our

country's scientists (martyr Shahriari and martyr Ali-Mohammadi) were assasinated by agents

of Mossad. Mr. Jalali had received some € 250,000 in cash from the Mossad spyware service. The trial was held at the presence of a judge and a tutor at two meetings, with the presence of a

lawyer and a prosecutor's representative, and his lawyer met with him twice before the trial.

The hearing court condemned Mr. Jalali to death on charges of corruption through co-operation

with the Mossad spy service, and the judgment issued by the Supreme Court would be

appealed and the decision was notified to the lawyer. In the meantime, during his stay in Evin

prison, he has been enjoying all the prison facilities, including telephone calls, access to

publications and visits of the family.

Note: The authors of this correspondence, which are widely distributed daily in the form of

postcards, letters and e-mails, also send them in an organized way to various departments of

the Islamic Republic of Iran abroad, and even to the judiciary, do not have a direct knowledge

of the case and by referring to non-governmental organization's websites and relying on the

statements quoted by some individuals, write and submit allegations such "lack of access to a

lawyer" “ unfair proceedings” and so on. These allegations are far from the existing realities and fact. Abundance of such statements and allegations by certain organizations and not Non-

governmental organizations and anonymous people, as well as their biased approach, well

A/HRC/37/68/Add.1

22

reveals their ill intentions. According to the Tehran Provincial Court of 15 January, 2018, the

verdict was finalized on 2 January, 2018.

Reply to paragraph 53

As for Mr. Siamak Namazi and Mohammad Bagher Namazi, according to the Tehran

Provincial Court, Mr. Mohammad Bagher Namazi was arrested on February 27, 2016, on

charges of cooperating with the hostile country of the United States, and after legal

proceedings and defense hearings, he was sentenced to 10 years of imprisonment, by Tehran

court, on 10 Oct. 2016 It should be noted that he has been under the supervision of a doctor and

he is undergoing continuous medical examinations and he has had ongoing visits and contacts

with his wife. Mr. Siamak Namazi was arrested and charged with collaborating with the hostile

country of the United States on Oct. 14, 2015, and the Tehran court, after legal proceedings

and defense hearings, and his access to lawyers, sentenced him to 10 years of imprisonment

and extradition of 175 thousand dollars in favour of the government. He has also had the

opportunity to meet and contact his mother. It is seen that expressing concern about the non-

observance of the fair trial procedure regarding the persons referred to in this paragraph should

be deleted in the final report.

Reply to paragraph 54

On the case of Ms. Zaghari, detailed information was provided in reply to the last draft report

of the Special Rapporteur. However the following summary of her case is as follows:

Following the discovery of documents indicating acts by Ms. Zaghari against the national

security of the country, in the city of Kerman, she was arrested in Tehran Airport on the basis

of a writ of arrest. She was later sent back to Kerman (place of crime) and the required

investigations were carried out. According to the Iranian law, Ms. Nazanin Zaghari is

considered as an Iranian citizen and his double nationality is not recognized. During her arrest,

Zaghri was kept in a suit facility in Kerman Prison and regularly kept touch with her family

and enjoyed visits in person. As for the allegation of lack of access to a lawyer, according to

the amendment to Article 48 of the Criminal Procedure Code, access to the lawyer for access to

criminal offenses is available to the lawyer and upon request in accordance with the terms and

conditions stipulated in the law. According to the Tehran Province Court dated 08.08.1396, a

new case was sent to court. She has a lawyer and, in the case of general health, the prison is

also authorized to send her to the outpatient and, similar to other prisoners, she has had

facilities of the prison as well as meeting with her family.

As for the allegation on opening of a new charge against her, the matter was investigated

through the relevant authorities, which revealed that there were no new charges or cases filed

against her.

Reply to paragraph 55

As for the case of Mr. Nizar Zaka was arrested on 18 Sep. 2015 with interim detention on

suspicion of cooperating with hostile states against the Islamic Republic of Iran on the basis of

the writ of arrest issued by the first branch of the district of 33 of the Shahid Moghaddas

Court. He was kept in detention center No. 2-a. He is a Lebanese national living in the United

States. Refering to letter No. 1336020 dated 11 January, 2017, in connection with the statement

by Ms. Asma Jahangir, on the hunger strike of some defendants and convicts, including Mr.

Nezar Zaka, according to the information provided in accordance with the rulings issued by the

court branch No.15 of Tehran province, he was sentenced to 10 years of imprisonment and

extradition of funds received from the CIA for cooperating with the hostile government. The

case has been filed after appeal to Branch 36 of the Tehran Court of Appeals and the appeal

has not been finalized yet. He has been imprisoned at Evin Prison since Sep. 18, 2016. It is

apparent that his charge was examined by the court in a court of law and resulted in the

issuance of an uncontested sentence and his espionage activities did not relate to activities in

the field of human rights, and it was worth considering the statement in his case. According to

a statement dated 5 Sep. 2017 by the Tehran Provincial Court he was sentenced to 10 years

imprisonment and extradition of funds received from the CIA for allegedly cooperating with

the hostile state of America by Branch 15 of the Tehran court; with the objection and appeal of

the convict’s lawyers (namely XXXXXXXXX and XXXXXXXXX) the file was sent to Branch 36 of the Tehran Court of Appeals and this branch, arguing that "the accuse has

deliberately cooperated with the hostile state of America in the form of projects designed by its

security services with the goal of organizing plots in line with the policies of the United States

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23

has been in contact with decision-making centers in the field of cyberspace, including the

Supreme Council of Cyberspace and the Ministry of Communications and Nongovernmental

Organizations of the Entrepreneur and the active centers in the field of women and youth, and

in implementing the US State Department's projects has played an important role in the plot

for overthrowing the government of the Islamic Republic of Iran, and, in the light of the

existing evidence in the records, the appeal filed by the Supreme Court of Appeals and its

defense lawyers, and that the ruling issued by the Supreme Court in respect of the proceedings,

observance of the procedure and the implementation of the matter, the received was examined

and with considering the provisions of Article 434 of the Code of Criminal Procedure, the

request of appeal was found as being unsubstantiated. Therefore, the appeal court refuses the

request in compliance with Article A of Article 455 of the said Law.”

Reply to paragraph 56

In the case of Mr. Wang's case, according to the received information on 23aug. 2017, he was

detained on charges of espionage and was sentenced to 10 years' imprisonment and the verdict

was further confirmed and he is now being held at Evin Prison. Meanwhile, he has met with a

representative of the Swiss Embassy who has been in charge of the interests of the United

States Government and has access to doctor and lawyer.

Reply to paragraph 57

As it was said, the pattern governing the behavior of the Islamic Republic of Iran towards

Iranians residing abroad is guaranteeing their rights and those of their relatives as well as a

protection for their rights in foreign countries. There are many undocumented allegations in

this paragraph that are proven to be incorrect as explained hereunder:

On the case of Mr. Sabri Hasanpour, according to the statement of Tehran Province Justice

Department of 12 Dec. 2017, "the defendant was charged with A. assembly and collusion for

committing crimes against the internal and external security of the country. B. propaganda

activities against the Islamic Republic of Iran; C. agitation of public opinion through

cyberspace and internet; D. insulting the Late Imam (PBUH). He was sentenced to 5 years

imprisonment in relation to clause A, and one year in prison for allegations of clauses B and C;

and has been sentenced to two years' imprisonment in respect of paragraph D. His case has

recently been re-investigated in the appeal court, as a result of which he was acquitted with the

charge of clause A. He is presently serving his prison term in Evin prison.

It is worth mentioning that he has been enjoying appropriate medical service and recently he

has undergone a surgery. He is regularly meeting with family members in the cabin and in

person and has no restrictions on access to the telephone.

According to the Tehran Province Court, Mr. Kamal Foroughi Abri, XXXXXXXXX, was

charged and sentenced to 7 years imprisonment on charge of espionage in favor of a foreign

country, to a three-year prison term on charge of assembly and collusion against security of the

country, on the charge of holding alcoholic beverages to 1 year imprisonment and 74 lashes

and payment of 1,375,000 Tomans in cash. The verdict was appealed and reviewed by the

Branch 36 of the Tehran Court of Appeals and after revision of the case and according to the

ruling dated 20 Aug. 2013, the court annulled his 3 years of imprisonment on the charge of

assembly collusion against security of the country, and the remaining sentence was upheld in

accordance with paragraph (a) of Article 257 of the Code of Judicial Procedure, the Code of

Criminal Procedure of the General Courts and the Revolutionary Court in Criminal Matters. He

has had more than 15 visits to outpatient clinics and medical forensic for medical services. He

has also been examined at the presence of law enforcement agents inside the prison by medical

forensic. Unfortunately, he does not cooperate with the health center of Evin prison for

treatment and refuses to go to the hospital out of the prison. In addition, he has had telephone

call with his wife abroad, and has had nine meetings with his lawyers, XXXXXXXXX and XX

XXXXXXXXX more than 9 times. According to the report of 25 Oct. 2016, on the application

of Article 134 of the Criminal Code, only seven years of imprisonment and extradition of

114,000 Pounds are considered as his punishment. He has been serving his prison term from 5

May, 2011.

Reply to paragraph 58

Unfortunately, in this paragraph, the Draft casts a pre-judgment without reference to a given

source, and even falsely raises the allegation that there is a pattern of non-compliance with a

fair trial. Firstly, it is necessary to declare the due to the lack of the source of information and

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24

the presentation of an individual opinion, the subject is not answerable and verifiable. It

should be noted that the Islamic Republic of Iran, both in law and in practice, has provided the

guarantees necessary for full compliance with the standards of fair trial, as set forth in the new

Criminal Procedure Code (Date of Execution: 22 May 2015 ) in which the legislator

emphasizes on respect for the rights of the accused during all stages of the investigation,

investigation and trial until the execution of the sentence (before and after the trial), including

the timely access of the accused to his/her selected lawyer. And the implementation of this law

is the duty of all judges and there is no torture or arbitrary action in the investigation and

during proceedings; and judges of each case are required to issue appropriate provisions at the

investigation stage and then to issue a sentence with proportional punishment, on the basis of

the contents of the case full consideration of the argumentation of the parties. Therefore,

allegation for arbitrary arrest is not substantiated. Adoption and implementation of the "Law on

respect for legitimate freedoms and Protect for citizenship rights" and other laws and

regulations of the country ensures non-extrajudicial and arbitrary arrest and in practice all

judicial authorities are required to carry out any detention or arrest only on the basis of the laws

and in a clear and transparent manner. In doing otherwise and contrary to the legal provisions,

the breaker of the law shall face the legal consequences in accordance with Section 10 of the

article of the above-mentioned law ;and the method of action is such that in addition to the

supervision of the Head of the Judiciary, through its "National Human Rights Law

Enforcement Agencies", located throughout the country, any natural or legal person can file a

lawsuit or report to the Secretariats of the Central or Provincial Agencies regarding the

allegation of extrajudicial and arbitrary arrest and disappearance, for careful and thorough

review of the cases.

Reply to paragraph 59

Despite the rigorous information presented in response to the previous report of the

Rapporteur, in particular with regard to those alleged individuals, against which clear and

detailed information was provided, unfortunately, in the present draft report, the same

allegations are raise again without the possibility of verifying them. Obviously, the inclusion of

this large volume of undocumented allegations and incorrect prejudices in the Draft Report

reduces the value of the report and makes it irrelevant. In the present reply, ample information

is provided on the absence of torture and the supervision of prisons, and also on the method of

investigation and prosecution revolutionary courts.

Firstly, as detailed below, in the Revolutionary Court, as in all other courts, the rules of

procedure are respected and the rights of the defendants are guaranteed. Moreover, given the

specific nature of this court and the handling of drug offenses, and the frequent

acknowledgment of official and international statistics that the vast majority of executions are

related to drug offenses, it is evident that the role of this court in issuing relevant rulings is

bolder in comparison with other courts. For emphasis, the manner of treatment with drug

offenses in these courts and its fair trials, including the presence of a lawyer, the number of

judges and the number of investigative authorities, further details shall hereunder be presented.

Accordingly, it is necessary to correct the prejudices contained in this paragraph.

All courts are based in the judicial system of the country, even the Supreme Court, are required

to comply with the provisions of the Criminal Procedure Code. In the first chapter of section 3,

the legislator has defined the organization and jurisdiction of the criminal courts, and Article

294 has divided the criminal courts into criminal court one, criminal court two, Revolutionary

Court, court of juveniles and Military Courts. The Revolutionary Court, in accordance with

Article 297, is established to deal with important crimes found in the law, with the presence of

the judge and two mentors, and also meets for the investigation of non-important crimes at the

presence of judge or a supervisor. The Note under the Article states that the provisions of the

criminal procedure 1, as set forth in this law, are in force in the Revolutionary Courts, in cases

when it is reviewed by a plurality of judges. It should be noted that according to Article 303,

the legislator has given the Revolutionary Court the assignment of dealing with offences

including all drug-related crimes, psychotropic substances and drug precursors. Thus, it is

observed that trials of the Revolutionary Courts are similar to other courts and in accordance

with the law and all the rights of the defendants are guaranteed.

As for the fair trial and the requirement for the presence of a lawyer in the Revolutionary

Court, it should be mentioned that by explicit stipulation of Article 22 of the Code of Conduct

on Amendments to the Law on Counter Narcotics and the Verdict on the Unity of the general

board of the Supreme Court, as well as the Uniform Article adopted by the Expediency

Council of 1991, the court is obliged to inform the accused of all crimes committed, for which

the law has stipulated life imprisonment or execution, in order to adopt their own lawyer, and

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25

in the event of the defence’s inability to afford a lawyer , to appoint a lawyer. According to Note 1 of this Article, the presence of appointed lawyers is mandatory at the hearing. In

addition, before the trial, the lawyer should have the opportunity to study the case and prepare

a defense bill. If the abovementioned provisions are not complied with in the case, the

judgment given in the Supreme Court shall be void.

The use of the term "arbitrary detention" in this paragraph is in fact unconstructive and

inappropriate, since compliance with the provisions of the Criminal Procedure Law is based on

the rules for the issuing of arrest warrants at the investigation stage and the principles of fair

trial in the stages of hearings and appeals and in case required, retrials are stipulated by law.

The Supreme Court guarantees observance of all the legal requirements and any deviation and

breach of law shall be met with legal consequences. Sends the branch to the same address.

Therefore, the allegation on arbitrary arrests is completely groundless. In addition, in

accordance with Articles 9 and 10 of the law on respect for legitimate liberties and protection

of citizenship rights, any natural or legal person can file a complaint on arbitrary detention or

torture to central secretariats of Provincial Agencies for the Supervision of the Good Law

Enforcement of Citizenship Law, for the required investigation.

Reply to paragraphs 60 and 61

In these paragraphs, false allegations are raised in relation with lawyers in Iran, without

mentioning a source, which is a matter of serious regret and due to the lack of mentioning the

details and they are not verifiable. This is despite the fact that in Iran, ordinary laws, including

criminal procedure, civil procedure and regulatory rules, have protected the independence of

judges and lawyers at all stages of proceedings, including at hearing, appeal or final stages.

Also, lawyers have full independence in Iran and any alleged violation of law by them, shall be

dealt by Bar Association, with an experience of more than 90 years. Therefore, the allegation

on the violation of the rights of lawyers and the possibility of pressure on them is in vain. In

practice, in accordance with the previous procedure, each accused person introduces his lawyer

to the judicial authorities.

Similarly, according to the Article 348, in the crimes under subject A, B, C, D (Article 302) of

the hearing court, the session may not meet in absence of defendant's lawyer. If the defendant

himself does not appoint a lawyer or his lawyer does not appear in court without a valid

excuse, the appointment of a lawyer is mandatory. If the lawyer is not present at the hearing

without a justified excuse, the court shall dismiss him or her, and shall appoint another

attorney. In addition, in the new criminal procedure law (date of execution22 May, 2015), full

respect for the rights of the accused at all stages of investigation and trial, until the enforcement

of the sentence (before and after trial). The legislator has emphasized the issue of access to the

lawyer of choice by the accused, implementation of which is entrusted to judges. In the course

of investigations and then proceedings, no torture and arbitrary action is possible and the

judges of each case are obliged to issue appropriate writs of attachment at the investigation

stage. Any judgment should be issued with full attention to the arguments of the parties to a

case.

Reply to paragraph 62

The Islamic Republic of Iran welcomes the Special Rapporteur’s attention to

developments realized in the field of women's rights and participation. The Iranian government

has adopted many of the major human rights instruments, including the Universal Declaration

of Human Rights, the Covenants, the Convention on the Rights of the Child, the Convention on

the Rights of Persons with Disabilities and a number of their optional protocols, including the

rights of women and girls. In addition, domestic laws, including the Constitution, the Civil

Code and the Islamic Penal Code, the Family Protection Act, and many other laws, also deal

with sensitivity, the issue of protecting women and children. There are many other measures to

promote women's rights. In addition to incorporating provisions on women's rights in the

Citizens' Rights Bill, the President has established the post of Deputy President for Women and

Family Affairs, which further indicates the Government's commitment to promote and protecte

women's rights. In addition to the presence of women in high-ranking positions of the

Government, such as the deputy and assistant to the president, ambassadorship and the deputy

minister of petroleum, the number of women in the posts of the governorate has also increased

as the introduction of the flow of political empowerment.

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26

Reply to paragraph 63

As the Special Rapporteur also acknowledges, n accordance with provisions of the Civil Code,

a wife can enter into marriage while raising her condition conditions officially written in the

marriage contract. Also, according to the Note under Article 1133 of the Civil Code, a woman

may apply for divorce from the court, subject to the conditions laid down in civil law. In

addition to the clauses cited in this Note, a woman may apply for divorce, by entering another

condition in the contract, which usually has 12 qualifications by default in the marriage

documents, which the couple are required to study before signing the marriage contract,

including the principle of division of owning and assets into two, after divorce.

The purpose of categorizing different types of jobs is to support women's employment by

prioritizing jobs that are more related to women's physical and psychological characteristics,

and in other jobs where gender is not in question, employment for women is discussed without

discrimination. The overall goal of this policy is to eliminate barriers to women's employment

in all possible ways, including the necessary laws and regulations and the provision of facilities

by the executive departments of the country. Also, there are currently no statutory barriers to

the employment of women in civil law, and the freedom to choose a job is stipulated in the

constitution, and also equal pay for equal work in labour law, and the prohibition of gender

discrimination, race and ethnicity are anticipated in relevant legislations.

Also, with regard to Article 1117 of the Civil Code, according to which a husband may

prohibit his wife from a profession or industry that is in conflict with his family or his dignity,

the following considerations shall be made:

- Paternal authority is not absolute in this Article and it is bound to the family and dignity of

the spouse or wife;

- A wife's denial of employment should be sought through the court and finally the court

decides on the correctness of the wife’s request;

- The corresponding clause of this power is also anticipated for the wife in Article 18 of the

Family Protection Act of 1974, and a woman may also prohibit her husband from work which

is detrimental to his family and his dignity

Reply to paragraph 64

In spite of the extensive information provided in response to the last draft report of the

Rapporteur, which was based on the existing facts about progress towards promoting women's

rights in the Islamic Republic's laws and practices, previous allegations have been repeated.

Here's a brief summary of the earlier provided responses:

On the issue of letting married women out of the country, a draft has now been submitted to the

parliament by the women's parliamentary fraction to amend this law. In addition, considering

the geographical location of the Islamic Republic of Iran, some legal restrictions are introduced

for legal consideration, on the movement of women have been planned for the purpose of

combating human trafficking and the seduction of women and girls.

On the issue of custody of children, it is worth noting that the Civil Code considers the custody

of a child during parental days as a parent's responsibility, which means that no parent can

disassociate or compromise this legal assignment. For the custody and caring of a child whose

parents are separated from each other, the mother enjoys priority to the age of seven

(regardless of the child to be boy or girl), and then custody is with the father. After the age of

7, if there is a dispute between the parents on the custody, the custody of the child, with due

regard for the child's best interests, is determined by the court. Accordingly, the custody of a

child after the age of seven is not completely owed to the father, but when the parent and child

of the child differ in their custody, the criterion for determining the custodian is merely the

expedient of the child; It may be the case that due to incompetency of the father and on the

discretion of the court and the expediency of the child, it leads to the conclusion that the

custody of the child to be transferred and borne by the mother. In any case, expenses of living

shall be borne by the father. Also, in the event of one of the parents’ death, the custody of the

child (minor or incapacitated) will be with the parent who is alive; regardless of the fact that

the deceased might have been the father of a child and he might have appointed a guardian for

the child. For example, with the death of his father, the custody of the child is with the mother,

not the grandfather of the child. Article 43 of the Family Protection Act also provides for the

custody of children whose fathers have died, with their mother, unless the court decides to

grant custody of the mother against the child's interest at the request of the victim or the

prosecutor.

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27

Regarding the citizenship of the offspring of Iranian women married to foreign nationals, in

this connection (i. e. determination of the nationality of children born of Iranian marriages with

foreign nationals) the civil law has once made revisions in 2006 and it has given new privileges

to these women, observing the national interests and the interests of the children. Again, this

year, a draft has been sent, by parliamentarians to the Commission of Councils and Internal

affairs of the Parliament for addressing the issue. It was confirmed and referred to the

Parliament’s Judicial Commission. The draft is currently under consideration and will be

submitted to the Executive Board after approval by the commission.

It should also be pointed out that mere non-adherence to a convention, to which some other

countries have not acceded, should not be a precondition for women's status in a country. It

should also be noted that the bill referred to (increase of population and preventing birth

decreased) has not yet been ratified and it is in the working program of the parliament.

Reply to paragraph 65

Given that in parts of the country due to geographical circumstances, girls and boys have

reached the age of physical and sexual maturity at an early age and they intend and decide to

be married, and in the past their marriage has been carried out without supervision of the law,

the legislator subjects this issue to observance of the provisions of Article 1041 of the Civil

Code ( marriage contract of a girl before reaching the full age of 13 and the boy before

reaching the full age of 15 shall be subject to permission of parents and also subject to the

expediency and decision of the competent court). Also, according to the custom of nomads and

some villages, many of the cases of marriage at an early age are uncontested and marital age is

postponed. It should be noted that a considerable number of marriages are concluded at this

age, in accordance and in the framework of cultural and customary practices. The legal system

is strictly supervised by the law in relation with this group of marriages. These regulations,

including by reference to Articles 646 of the Islamic Penal Code (adopted in 1996), the

provisions of Article 1041 of the Civil Code, and Article 50 of the Family Protection Act

(2012), are in force. Also, according to Article 56 of the new law, any official notary office is

required to register a marriage, otherwise without certification or violation of the provisions of

Article 1041 of the Civil Code, they are punishable by the fourth category of the law of the

Islamic Penal Code (denial of employment as a notary). Article 45 of the same law states: "It is

imperative to observe the expediency of children and adolescents in all decisions of the courts

and executive authorities, and courts usually do not easily vote for the requested marriages in

order to adhere to the best interests of boys and girls as well as adolescents. It should be noted

that while precautionary laws prohibit forced marriages and perpetrators can be prosecuted, on

the other hand, the court, with due care and observance of the expediency, only authorizes

some of the requested cases for adolescent marriages. In urban societies, according to the

statistics center of Iran, the average age at the first marriage for men has raised from 24.1 years

of age in 1976 to 26.7 in 2011 and for women, in the same period, from 19.7 to 23.4 years of

age.

In spite of the reservation of the Islamic Republic of Iran to the Convention on the Rights of

the Child and the necessity of compliance of its provisions with the Islamic Canon Law,

important documents have been approved, for the sake of generosity and kindness, in the

Islamic Republic of Iran for the protection of persons below the age of 18.

Reply to paragraph 66

Unfortunately, false allegations have been raised as a consequence of misinterpretation of the

Islamic law, which needs to be corrected. Firstly, according to the existing information, there is

no case of execution of stoning sentences in recent years, and this is in the light of the more

precise attention as well stipulations in the Penal Code. Secondly, according to religious

teachings in Muslim countries, sexual relations outside the family framework are denounced

and are considered illegal by legislature, and the crime is punishable by appropriate penalties in

the event of a crime. For this reason, both ethical and mental aspects of family formation have

been advised and legislated. This is more advanced than the situation of free and unreliable

relations in many non-Muslim communities. In addition to maintaining a family commitment

in the form of a legal marriage link, in addition to ensuring the health of the generation and the

ethics of the community, it prevents other crimes to happen. As in many cases of crime leading

to murder, sexual relations outside the family bond have created the motive for murder cases. It

should be noted that Islamic limits are precisely outlined in the penal code of the country and

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28

without any ambiguity; and in addition to the issuance of a verdict in the hearing court, it is

necessary to be upheld by the Supreme Court of the country. Obviously, at the time of

execution, due attention is given during the formal proceedings.

As mentioned in the preceding paragraphs, the use of the punishment of whipping or other

Islamic Punishments, which, under the circumstances, and under the discretion of the judge,

are also subject to replacement by cash fine. All these are stipulated in laws to deter similar

offenses and to reduce the use of imprisonment as a result of which considerable social, moral,

and economic consequences are followed; and this punishment is not compatible with the

Western interpretation of the concept of a degrading punishment. Also, given that the new

Islamic Penal Code provides for alternative sentences to be used instead of stoning, there has

not been a case of such a sentence over the past few years. Meanwhile, the issue of rape has

been criminalized in Iran's laws and it has been under consideration in a substantive and

precise manner. Therefore, any allegation in this regard should be proven by the court.

Reply to paragraph 67

While emphasizing that the allegations, raised in this paragraph, have been raised with

grandiosity which do not conform to the reality of the society. It should be noted that

requirements for codes of dress are defined and applied by relevant laws and observed in all

countries around the world. The Dress Code in each country, depends on the cultural and social

context of the community and on public order and good morals. The dress of women in the

Islamic Republic of Iran is also in line with the Islamic law and values, which in turn is derived

from the Constitution of the country. It should be noted that the dress Code requirements are

not specific to women and it is applied to men; and only their “Hodoud” (punishments) are different.

In addition, the Code of Cover in the Islamic Republic of Iran is very diverse, due to cultural

and ethnic diversity, so that women members of Iranian ethnicities follow their own ethnical

traditions in choosing their kind of dress. Even some of the Islamic “Fatwa”s are defined for them by Jurisprudents, on the basis of those ethnical traditions. Observing the Code of Cover

has not created any restrictions on the presence of Iranian men and women in different social,

economic and cultural scenes, but, vice versa, it has led to increase of respect for women and to

their true personality. As a result of this type of cover and respect, the level of violence and

sexual abuse at the workplace is ignorable in Iran in comparison with Western societies.

According to the laws of the country, any violation of administrative provisions is

punishable by disciplinary action and, if it is found to be criminal in nature, punishable by a

competent judicial authority, in compliance with the principles of fair trial. Obviously,

offenders in any community are dissatisfied with enforcement of law and the related

punishments or penalties, but public order and public security are protected by the enforcement

of laws and regulations that have been approved by the competent authorities and adopted

through a democratic process.

Reply to paragraph 68

Refer to Paragraph 64.

Reply to paragraph 69

It has always been a conituous effort by Iran that the rights of all individuals of the religious

faiths to be guaranteed in accordance with the law. As it has been presented in detail, in the

Iranian government's reports and official documents, in addition to their political presence at

the high level decision-making positions and observance of their legal protections, there are

numerous programs for religious minorities, including appropriation of significant budgets to

promote the general status of the community and to help them to carry out their religious

rituals and education and rebuild religious sites. Also, people belonging to sects enjoy civil

rights under the law. However, in the laws of Iran and also in the administrative procedure,

anyone committing acts, determined by the legislator to entail punishment, regardless of any

belief or idea, is punishable after a fair trial. The punishment is stipulated by law to be

proportionate with the committed offence.

The suitable status of ethnic groups and their political, economic, social and cultural situation,

and the guarantee of respect for citizenship rights for all Iranian citizens, are repeatedly

presented in the form of official reports of the Islamic Republic of Iran with relevant

documentation that can be referred. Meanwhile, in Iran's laws, individuals are punishable for

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29

committing an unlawful act, and it has no connection, whatsoever, with being affiliated to

ethnic groups.

Contrary to the allegation made in this paragraph, the strengthening of the literature and the

language of the Iranian people is on the agenda of the Government, and this is supported by

establishing Kurdish, Azeri and Arabic language and literature seats in the universities, as well

as the establishment of cultural centers in the language of ethnic groups. Official reports of the

Government on these activities are available. Thus, It is necessary to delete this paragraph in

the final report.

Reply to paragraph 70

The official and practical position of the Islamic Republic of Iran regarding the followers of

this sect is the need to respect their beliefs and citizenship rights. In Iran, no one is merely

following a belief or an opinion; on the other hand, no offense or crime is neglected because of

the perpetrator’s affiliation to a specific group or sect. It should also be noted that, contrary to the allegations made in this paragraph, Yarsanis in Iran

enjoy their full rights and protection and their books are licensed by the Ministry of Guidance,

and even have a special publication entitled "Jeihoon". Observance of their beliefs has been to

the extent that, in accordance with the directive of the Organization of the compulsory

conscription (Nezam Vazifeh), the members of this sect are exempt from the obligation to

shave their mustache during the military service. For other allegations contained in this

paragraph, no document has not been found and thus they are deniable. Therefore, this

paragraph should be deleted from the report.

Reply to paragraph 71

Prosecuting crimes committed by Baha’is is not specific to the offences allegationed in this urgent appeal. Investigations show that since January 2016 to August 2017 more than tens of

Baha’i citizens have been arrested on charges of issuing bad checks, malversation, capture, smuggling, acts contrary to public chastity, and so on. These citizens have been put to trial

upon issuance of indictments. Also in several cases Baha’i citizens have filed complaints about one another for various offences. Also during this period two cases of child kidnapping and

one case of murder of Baha’is have been reported. In these cases, like the cases of other citizens, transparent judicial proceedings were conducted, the kidnappers were arrested and the

huge sums of money were restored. The court is issuing sentences for the accused. Therefore,

ordering a number of offences relating to Baha’is and drawing the false conclusion that Baha’is are under systematic persecution, is an unacceptable measure.

Unfortunately, the unfailing and extremist supports for Baha’is in Iran, by some Western governments, which are provided because of political motives, and are sometimes repeated by

international organizations, have resulted in shocking abuses by some Baha’is. For instance, Ms. HaniehMudarresTehrani has asked her Baha’i relatives in Iran to forge a judicial indictment stating that she has been sentenced to capital punishment for charge of apostasy, so

that she could use it to apply for an asylum in the United Nations office in Turkey.

Here we shall present sufficient information regarding the Baha’is and respond to all the allegations that have been brought up in the correspondence, which will prove that the

allegations are baseless:

A. The general condition of Baha’is in Iran

The citizenship rights of followers of different sects including Baha’is, as well as followers of religious minorities, are observed in Iran. Given that in Islamic teachings, inspection and

inquisition of beliefs are severely prohibited and as it is stipulated in the article 23 of the

Islamic Republic of Iran’s Constitution that “inquisition of beliefs is forbidden, and no one is liable to molest and prosecution merely because of holding a certain belief”; despite numerous political and media propagandas, particularly by some Baha’i representatives, no one is jailed nor prosecuted purely on the basis of holding a certain belief. It must be noticed that repeating

unfounded allegations cannot result in their acceptability. Based on the information which shall

be presented below, in Iran Baha’is enjoy citizenship rights and numerous training, health, educational, and economic facilities; such that they have big economic corporations despite

their small population and carry out importation and exportation activities. They have no poor

populations.

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30

B. The economic, social and cultural condition of Baha’is

Based on the current laws and policies of the Islamic Republic of Iran, all Baha’is enjoy citizenship rights and for this reason they enjoy a relatively favorable condition in cultural,

economic and social issues. Baha’is in Iran owe their success in economic activities to the loans that they have received from government departments, especially from banks and the

ministries of Industry, Mines and Business; Agriculture Jihad; and Cooperatives, Labour, and

Social Welfare. The Islamic Republic of Iran abides by the responsibility to observe justice in

judicial rights and protect the citizenship standards for members of this sect in judicial courts.

Despite their small population, Baha’is have performed many economical activities and are active in areas of production, trade and services. They are also performing activities as

members of different guilds such as the glasses guild; heating and cooling installations;

elevator; technical engineering, civil engineering, agricultural and animal husbandry

companies; cosmetics and so on. Very frequently they have signed contracts with

governmental organs. Governmental companies and institutions are even the main customers

of some of the products of Baha’i companies and factories. Additional to this, the initial capital for establishing the aforesaid companies and factories and keeping them active has been

supplied via receiving big bank facilities.

In this line, we can refer to theTavanRaheSanat company, ShahinMafsal, Paksaz Plastic, Bisan

Pars, Pars Paya, FanarGhateh, ZibaRakhsh Arak companies and the Mansour Asia trade

company as instances. Advertisements for the products of these companies are broadcast in

numerous Iranian media. Baha’is use the business card to perform commercial activities and

their overall wealth is such that they send financial aids for Baha’is in other countries, such as

African countries, on an annual basis. Moreover, the general economical situation of Baha’is in

Iran is such that taking into account the cash subsidy that they receive (like all other eligible

Iranian nationals), there is almost no underprivileged and poor person among them and they all

enjoy a relative welfare. Regarding the employment of Baha’is in governmental departments, it

is worthy to mention that those Baha’is who are members of the Baha’i illegal formation are

prohibited from being employed in such departments. Therefore, if a person is not a member of

the dissolved and illegal Baha’i formation, there is nothing to stop him/her from being

employed in the government; as some Baha’is are already employed in governmental bodies.

C. Cultural and religious facilities for the Baha’is

In Iran, Baha’is use cultural and religious facilities and hold sectarian educations for their

children since the age of 4 in their kindergartens. They attend all educational levels in different

educational institutions of Iran. All Baha’is can freely perform their personal rituals. They also

perform their rituals congregationally once in every 19 days in local circles known as ziyafat,

which are held in all the cities that have a small number of Baha’is. Additionally, multiple

Baha’i websites are presenting cultural products of this sect. They also have many cemeteries

in different areas of Iran and use them exclusively (while in many European countries,

religious minorities who have a population of several million, have to bury the bodies of their

dead members in an area of Christian cemeteries, and that has to be in a coffin, according to

the Christian religion).

D. The social condition of Baha’is

Although Baha’is form a very small population in Iran, they have no limitations regarding

becoming employed in important jobs such as becoming doctors, establishing pharmacies,

becoming employed in medical centers and teaching in universities and the like. Also it is

observed that a number of Baha’is are employed in health and medical centers and Baha’i

doctors have opened up clinics, laboratories and pharmacies in different cities without any

limitation, with license from the ministry of Health.

E. Educational facilities for Baha’is

Based on paragraph 3 of the article 3 of the Constitution, training and education as well as

physical education are free for all in all levels and are of the duties of the government which

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31

are provided for Baha’is as well. As it was said, their special sectarian educations are provided

by themselves and start from kindergarten and continue. According to educational rules and

regulations, the Islamic Republic of Iran’s higher education centers are obliged to cover all

Iranian nationals regardless of their religion, sect and inclinations. Based on Iran’s laws, no one

has the right of inspection of and inquisition about individual’s personal affairs.

Baha’i university students and graduates: given that there is no inquisition of beliefs in the

Islamic Republic of Iran, there is no exact statistics about the number of Baha’is who are

graduates of and students in Iran’s universities. In some occasions, the presence of some

Baha’is has been found out by chance. For example: Ms. SaminHusseini, Ms.

BasimehKamjoo, Mr. RoozbehZohdi, Ms. Ferial RahimianKhormazard, Ms. Roshanak Safi

Ardestani and Ms. NedaSattarnejadOskooyi. The presence of tens of Baha’is in all levels of

higher education (BA, MA, and Ph. D.) in Iran’s universities is a confirmation for the fact that

individuals are not treated based on holding a certain belief. It should also be noted that the

presence of even one Baha’i in Iran’s higher education centers rejects all the false allegations.

About the scientific information provided in the historical programs of the media, it must be

noted that historical and documented realities cannot be altered based on the desires of sects

and individuals. The mentioned allegation is similar to omit the name of Hitler and his party as

the beginners of the World War from historical books in order to prevent insulting the Nazi

party. What is prepared in the programs of Iran’s media is based on the theories of historians

and researches; they contain no insulting words and include purely historical and scientific

information.

Investigating incidents and historical documents is of the requirements of freedom of

expression. Criticizing views cannot be against the international criteria of freedom of

expression, particularly when the criticism contains no insulting words. Considering the

records of the one hundred years long cooperation of Baha’ism with the tyrant Shah and the

SAVAK1, no restriction can be set for the statement of history. Moreover, official centers have

always tried to direct criticisms toward the past history or deviant ideas of sects and to exclude

individuals. On the other hand, the responsibility of the ideas expressed by individuals lies with

themselves; particularly members of the parliament have extensive rights to express opinions

about the issues of the state.

F. the sectarian structure of Baha’is in Iran

Based on Principle 19 of the Islamic Republic of Iran’s Constitution, Iranian people, regardless

of their clan and tribe, enjoy equal rights. Additional to this, based on the twentieth Principle of

the Constitution, all people of the nation, whether man or woman, are equally protected by law

and enjoy all human, political, social and cultural rights according to the Islamic criteria.

On the strength of articles 12 and 13 of IRI’s Constitution, the official religion of the State is

Islam. Zoroastrian, Jewish and Christian Iranians are the only recognized religious minorities

who are free to perform their rituals within the limits of law and act according to their religion

in their personal affairs and religious teachings.

Beside the mentioned religious minorities, the citizenship rights of followers of different sects,

including Baha’is, are observed. It is evident that the citizenship rights of individuals can be

observed if they perform their legal duties; since the validity of any right is conditioned by

performance of the mutual duty and this legal principle, i.e. the existence of a duty in return for

a right, is a known principle in most legal systems.

Given that inquisition of beliefs has been strongly prohibited in Islamic religious teachings and

as principle twenty three of the Islamic Republic of Iran’s Constitution stipulates, “it is

forbidden to enquire about beliefs and no one can be prosecuted merely because of holding a

certain belief”; despite numerous political and media propaganda, particularly by Baha’i

representatives, no individual is jailed or expelled from university only because he/she holds

certain beliefs.

The illegal and political Baha’i formation is administered by a hierarchical sectarian system.

The center of this organization is located in the Occupied Palestine and at the lower levels

there are the two main pillars, i.e. “continental counsels” and the “international community”.

These two pillars have very close relations with even lower levels such as the “friends of Iran”.

1 Organization of Intelligence and National Security; the secret police, domestic security and intelligence

service established by Iran’s dictator Shah.

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32

Eight boards and the national-provincial mediators are supervised by the friends of Iran. All

eight boards have direct influence over the students who are members of this organization.

These students receive directions from Baha’i city officials, and city officials receive directions

from provincial officials who are in turn supervised by national-provincial mediators. Some of

the hierarchical orders relating to educational issues contradict their citizenship rights.

Unfortunately, it is quite normal to enquire and enforce beliefs in the organization of the

Baha’i sect; such that if a Baha’i chooses Islamic teachings for the religion test, he/she will be

put under organizational pressure to choose between continuing his/her education or being

deprived of the Baha’i sectarian advantages. Once again, it is brought to attention that the

Islamic Republic of Iran’s educational centers, as in other countries, are obliged to implement

rules and regulations. If individuals, regardless of their religion, sect and belief, respect those

laws and observe them, no one will have the right to exercise the slightest persecution against

them. Otherwise, however, in order to ensure the observation of and respect for the rights of

others, punishments have been determined for the violators and offenders.

On the other hand, it is noteworthy that paragraph 3 of article 18 of the International

Convention on Civil Political Rights stipulates that: “freedom to express one’s religion or

beliefs cannot be limited unless what are exclusively predicted by law which are necessary in

order to maintain public security, order, health or morality or the basic freedoms and rights of

others”. Also based on article 19 of the mentioned convention, freedom of belief and

expression are conditioned by respecting the rights and dignity of others as well as protecting

public order and security or public morality or health.

Despite the official announcement by competent judicial authorities regarding the dissolution

of the illegal Baha’i organization, some Baha’is are still performing activities, influenced by

the dissolved organization. These people carry out provocative and illegal organizational

activities and propagations in Iran’s universities which are against the regulations of Iran’s

higher education system. Those Baha’i students who observe educational regulations are put

under pressure by the illegal Baha’i organization. They are administratively and spiritually

expelled and deprived of family relations, as it has been done about “BehnooshSabeti” and tens

of other Baha’is. Also a considerable number of these students are forced to give up attending

the university, which was the case with Ms. “Sara NaddafianGhamsari”. It is evident that these

are small instances of the clear violation of citizenship rights and imposing sectarian policies

by the Baha’i organization.

G: International documents confirming the good economic situation of Baha’is in Iran:

As was mentioned, the economical situation of Baha’is is completely the opposite of what has

been stated in the allegations. Additional to official reports, some international institutions

have approved their appropriate conditions; including a report which was presented to the

committee on implementation of the standards of the ninety seventh international conference

on labor (page 90 of the recorded report of the committee’s negotiations (19 Part II/90)

contains the following):

The ILO technical assistance mission in 2007 had had an opportunity to meet a member of the

Baha’i community who was a successful businessperson in the high-tech sector. Many of the

circulars regarding the Baha’I that had been mentioned were fabrications; others had been

repealed.

Considering the firm resolution of Iran’s government regarding the realization of human and

legal rights of all Iranians, particularly in implementation of provisions of the obligations

relating to convention number 111, it has decided to take a step toward recognizing the legal

obstacles to the aforesaid arrangements in order to modify them and guarantee their

implementation, with the help of experts of the three powers. The government has prepared the

bill of the law on comprehensive prohibition of discrimination in employment and education,

so that it would go through the process of ratification after receiving expert advices. This issue

was reported to the International Labor Organization by the representative of the government

and it was noticed in page 91 of the report (19 Part II/91) in the summary, conclusions and

enactments of the committee.

Furthermore, the list of 77 Baha'is, allegedly listed in the annex was examined, and a

considerable number of them were unidentified due to the lack of references to the details, and

number of them have been prosecuted for offenses such as membership in the illegal

organization and propagation in favor of the organization, a number of them are sued by

private plaintiffs and a significant number of them are now free. The report, with a false sum

up of 77, seems to have sought to create a false sense of prejudice on their situation, and the

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33

provided detailed explanation, proves the allegations to be baseless and unsubstantiated.

Therefore, it is necessary to amend this paragraph of the draft report.

Reply to paragraph 72

Unfortunately, in paragraph 72 of the draft, there are incorrect statistics that need to be

corrected. The presentation of the execution figures and making a relation between it and a

specific ethnic group is totally distorting and inaccurate; because if it is intended to indicate

that there is a rational relation between the executed drug offenders and the deliberate murder

of a number of Kurds, this separation is seriously misleading and ill intended. Article 19 of the

Constitution states that the people of Iran, from any tribe and ethnicity, enjoy equal rights. Also

each punishment is in proportion with the committed crime which is defined by law; and if it is

meant that people are sued and prosecuted, or executed, merely because of their ethnic or

religious minority affiliations, that is a fabricated, unsubstantiated and undocumented

allegation in the draft. The investigation of the crimes by citizens with at least eight criminal

offenses, referred to in this paragraph, does not imply persecution, specially, persecution of a

particular ethnic group. It should be noted that these eight criminal offenses are punishable in

the court of law in the same manner and without discrimination. Execution of 64 prisoners is a

mere fabrication of lie. Therefore, it is necessary to remove this paragraph from the final

report.

On the other hand, terrorist movements and crimes in some parts of the border are due to their

activities in neighboring countries more than in other parts of the country. It is natural that the

issue of fighting terrorism is being pursued seriously, and in this issue the main problem is the

occurrence of crime and not affiliation to group of ethnicities in the country. It should be noted

that, contrary to the allegation, the Kurdish people in Iran have a high rank, and even the good

relation between Iran and the neighboring Iraqi Kurds has been to the extent that the

recommendations of Iran were considered in the question of the referendum on the

disintegration of the Kurdistan region of Iraq. And the crisis was managed as best as possible.

Reply to paragraph 73

As for the case of Ms. Zeinab Jalalian, a detailed respons was earlier sent to the

communication of the Working Group on Arbitrary Detention, and despite the fact that this

response had reached the secretariat of the Working Group, before their meeting was held, it

was rejected to be included in the agenda of the WG on the pretext of the expiration of the due

time. Therefore, the reference to the working group should be postponed until a re-examination

of the subject. Here, the same responses of the Islamic Republic of Iran to the WG, containing

the legal affections and the reference to the health situation of Ms. Jalalian, and her

imprisonment in a prison in the vicinity of the residence of her parents are provided.

Prejudice against judicial cases, regardless of its nature and the use of the title of “political

prisoners” for members of terrorist groups, promotes the spread of terrorism and it provides an

umbrella support to them. The following paragraph provides adequate information about Ms.

Zeinab Jalalian and the observance of human rights standards when fighting terrorism:

According to the judiciary of Kermanshah province, Ms. Zeinab Jalalian, XXXXXXXXX

XXXXXXXXX XXXXXXXXX XXXXXXXXX, charged with: 1) armed action against the

Islamic Republic of Iran; 2) membership in the PEJAK terrorist group; 3) transportation and

maintenance of unauthorized weapons and military equipment. 4) Propagation activity in the

benefit of anti-government groups, was prosecuted and sentenced to death, according to the

judgment of 3 Dec. 2008, by the court of Kermanshah, in considering of the charges made

against him in paragraphs 1, 2, 3 and 4, which constitute armed action against the Holy system

of the Islamic Republic of Iran. The verdict was upheld after the appeal of the defendants and

their lawyers to the appeals court of Kermanshah province. As a result, the court, in accordance

with the court’s ruling dated 6 May, 2009, dismissed the appeal. Also, on her request to the

Amnesty Commission, for pardon and amnesty, during the visit of the Supreme Leader to

Kermanshah province, eventually, according to the statement of Kermanshah County Court,

her request was met with affection and her punishment was commuted. Also, according to the

court of Kermanshah province, she is held in the Kermanshah correctional center, where the

other female prisoners of the province are held benefit from the support of the social workers

of the center and the proper health facilities. It should be noted that in order to exert a greater

inclination toward her, she was transferred, on her own request, to the prison of Khoy (near his

family) on 22 Nov. 2014. Considering the nature of the case and the wide range cooperation

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34

and affection toward her, the other allegations made in the Draft are unsubstantiated. It is thus

noticed that despite her terrorist activities and armed action, he was pardoned and her

punishment was commuted.

Reply to paragraph 74

As it was said, in Iran, religions and people live peacefully together, and in this regard the

Islamic Republic of Iran is a successful model. With a general look and comparison, the

facilities and religious sites of different ethnic groups are very significant. There are over

10,000 Sunni mosques in Iran (for every 600 people there is a mosque). While there is a

mosque for every 1300 Shi’ite people who make up a large population of the Islamic Republic

of Iran. In addition, there are over 3,000 Sunni religious schools in Iran. It should be noted that,

as mentioned in the previous paragraphs, there are no restrictions for different ethnic groups

and their application to various executive positions, including councils and local and provincial

and national administrations, and embassies of Iran in foreign countries. Presently there are 19

Sunnis members in the Islamic Consultative Assembly (Parliament) and have been appointed

to many provincial offices and even sent to foreign countries as ambassadors of the Islamic

Republic of Iran. This all indicates the Islamic Republic of Iran's attention to them and to their

presence in the h decision makings of the country.

In Sistan and Baluchestan province, it is possible to refer to the improvement of living

conditions in provinces with a majority of the Sunni population. This province, with the

majority of Sistani Fars and Baluchi Fars, has been affected by the colonial program of the

British government in the last regime, lived in the worst possible economic situation, but

during the 38 years of establishing the Islamic Republic of Iran and through numerous

economic and cultural programs (as a deprived area) they have received more funds and

investments in comparison with advanced provinces; in spite of its close proximity to the

heavily backwarded terrorist introducing provinces of the eastern neighbors of Iran, the

economic, cultural and health development indicators of this province are in their best ever

situation. The existence of numerous universities, hospitals, development of roads and ports

and political participation of the tribal elders of the province in the posts and executive

positions is very significant. In addition to the presence of representatives of the people of this

province in the Islamic Consultative Assembly, in the Council of Leadership Experts and in

provincial and urban and academic positions, a remarkable social transformation took place, in

a way that for the first time in the history of the province, an educated Sunni Baluchi woman

has reached the presidency of the City Council, and no significant social opposition has been

observed from the traditional context of the province.

Unfortunately, the allegations made in this paragraph have been raised without any attention to

the serious plans of the Iranian government to uproot poverty from this province. In addition to

the continuity of these programs over the past four decades, the present government has been

able to work with planned efforts and use of indigenous forces and provide security to the

people and help with the blooming of prosperity and development of the province. The most

important economic projects of the Government in Sistan and Baluchestan province include:

completion of Chabahar-Zahedan railway and its connection to the national railway,

development of the port of ShahidBeheshti, plan of 46 thousand hectares, irrigation under

pressure for 100 hectares of agricultural land in the center and south of the province,

Construction of gas pipeline to Zahedan and other parts of Sistan and Baluchestan, activation

of Sistan and Baluchestan border markets, construction of the Chabahar Petrochemical

Complex (Makran), development of the Makran coast and even a special appreciation of the

currency reserve for implementation of further development projects. The province will be in

the next year's budget. Regarding the issue of people who do not have birth certificates, despite

the fact that a large number of illegal refugees live in this area, in order to help them to have

access to education, health and other social facilities, they have been issued with a temporary

identification card to guarantee their access to the guaranteed rights. Therefore, it is necessary

to amend this paragraph of the draft.

Reply to paragraphs 75-77

This section of the Draft report, disregarding the realities of Islamic countries, has raised

incorrect interpretations and even prejudices of the sexual orientation of some individuals in

Iran. Interestingly, these beliefs still do not work in many countries with the resistance of

people, churches, and some political parties, and in some states in the United States, for

example, they still stand up to register homosexuality and their presence in the army is

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35

seriously criticized. The promotion of immorality and the weakening of the family status and

the expansion of unrest in the Western societies have resulted in many problems which have

also been criticized by independent thinkers. The governments of these countries, with the false

propaganda and support for homosexuals, who live in their territory, have granted citizenships

to them, allegationing that they are at risk. Unfortunately, the promotion of Western culture to

other countries has led to the promotion of homosexuality as an expression of the freedom of

human choice. While the Shari'a view of Islam, the state of family is extremely important that

the result of the marriage of men and women leads to the survival of the human race, but the

establishment of sex between the two homosexuals is a barrier to the survival of the generation

and endangers the basics of the family. According to the holy laws and teachings of Islam and

the laws and regulations of the Islamic Republic of Iran as well as the culture and tradition of

the society and in view of the importance of family, unconventional acts of conflict with the

law, such as those of homosexual orientation, are totally rejected. But there is a supportive

approach toward bisexual people and the competent authorities and social institutions support

provide them with their requirements..

Allowing transgender people to undergo sex change surgery is an important example. It is

worth mentioning that in order to support these people, actions such as: reviewing the drafting

of a supportive bill for transgender people, providing counseling, providing financial and

insurance facilities and attracting support from public institutions, have been taken. In this

way, the Islamic Republic of Iran is dealing with this kind of social health phenomenon and,

while preventing any humiliation, it is helping them with integrating into the society. It is

emphasized that the allegation for persecution or forcing to undergo surgery and shock therapy,

etc., is set out in these paragraphs are categorically false and must be deleted in the final

version of the report.

Considering the information provided, the inaccuracies in the allegations made in paragraph 77

have also been proven and thus, it should be deleted from the final report.

Conclusion

Reply to paragraphs 78 and 79

Despite the fact that the Islamic Republic of Iran considers the appointment of the Special

Rapporteur unnecessary, meaningless and harmful, but in line with the United Nations human

rights system and in order to correct the Rapporteur's approach and her drafting of the report on

the basis of reliable information, continuous provision of information was in the agenda of the

government and the Permanent Missions of the Islamic Republic of Iran in Geneva and New

York, as well as senior delegations from the country, have had regular meetings with her. It is

recommended that the Special Rapporteur, instead of the inclusion of unreliable and non-

verifiable information extracted from interviews with some anonymous and non-impartial

individuals in her report, to reflect in the report the cases raised in these meetings, as well as

the previous and current responses of the Islamic Republic of Iran. Therefore, the absence of

invitation to the Rapporteur can by no means be raised as an excuse for collecting information

from largely untrustworthy sources.

We welcome the attention of the Draft to the reform measures of the Islamic Republic of Iran

on the reform of the drug law and the pursuit of the implementation of the Charter of Citizens'

Rights and the efforts made to reach the development of more developed regions. Such

advances should not be affected by the delusional human rights situation in the West.

In the laws of Iran and also in the administrative procedure, everyone, including any

government official in each category, committing an act against the laws of the country,

including human rights violations, for which the legislator has anticipated a punishment, shall

be punishable in accordance with the pertinent law; and there will be no exception between

government officials and other citizens.

Reply to paragraph 80

The laws of the Islamic Republic of Iran, guarantee proper and effective investigation of all

possible cases of violations of law, including violations of human rights of citizens, regardless

of who the perpetrators are. Also, according to Article 38 of the Constitution of the Islamic

Republic of Iran, any torture in the country is prohibited and the confessions obtained under

torture are void and in accordance with Articles 570, 578, 579 and 587 of Iran's Penal Code,

and Article 9 of the Law on the Respect for the Right to Freedom and Protection of Citizens'

rights, perpetrators of offenses shall be subject to heavy punishments. Therefore, while

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36

rejecting the allegation of torture, the Rapporteur’s suggestion to use more advanced equipment for more effective monitoring of detention centers will be taken into consideration.

Reply to paragraph 81

The Islamic Republic of Iran, as one of the safest and most stable countries in the Western Asia

region, ensures the rights of the nation, based on the principles of the Constitution, religious

teachings, and within the limits of its internationally accepted commitments and similar to all

democratic states, it is determined to protect these rights as well as to ensure the security of its

citizens against acts of violence and sabotage. The Iranian government has always responded

to the legitimate and legitimate demands of its citizens, including the right to participate in

political and social affairs, security, and the right to assembly and peaceful gatherings. The

right of protest is recognized and guaranteed in the Constitution of the Islamic Republic of

Iran. Article 27 of the Constitution recognizes the establishment of gatherings and marches

without carrying weapons, provided that they are not detrimental to the principles of Islam, and

that, according to Article 34 of the Constitution, litigation is the absolute right of everyone.

Security and stability in the Islamic Republic of Iran is rooted in religious democracy and is

inspired by the people's power and not an imported product. It is emphasized that in recent

events, no one has been detained for peaceful protest or mere expression of opinion, and the

police force, as officers for maintaining of the society’s order and security, who receive the required continuous on-job trainings, demonstrated their ultimate self-restraint and tolerance,

which was encouraged by people. It should be noted that, in two stages, a large number of

detainees were released without referring them to the Public Prosecutor. In addition to the

regulatory authorities, the parliament is also examining the issue, the results which will be

announced.

Reply to paragraph 82

In the Islamic Republic of Iran, the death penalty is intended only for the most serious crimes,

including mass trafficking of drugs combined with terrorist crimes. Regarding the

implementation of the death penalty for criminals under the age of 18 years, as described in the

text of the response in an exponential form, Iran's laws apply a great deal of flexibility to

offenders under the age of 18, including the need to review their files in special courts and the

use of alternative and minimum punishments are stipulated. Article 91 of the new Penal Code

stipulates that in cases of crimes punishable by reprisal or Qisas, perpetrators who are under

the age of eighteen and do not understand the nature of the crime or do not understand its

sanity or there are doubts about their development and maturity of mind, depending on each

case, they will be sentenced to other punishments provided for in this law.

Reply to paragraph 83

The President of Iran issued a new law to remove the death penalty for some drug traffickers.

Earlier a spokesman for the Guardian Council reported that the Council, at its 26th session,

approved the Parliament's resolution after it had been resolved. The bills of this Council were

approved by the deputies. According to the final Parliamentary resolution, the death penalty for

some drug traffickers will be eliminated, and they will be sentenced to 1 to 30 years

imprisonment and fines. By reforming the Counter Narcotics Law, a significant number of

drug offenders are rescued from execution, and their sentences are changed to jail. As

mentioned, this rule is retrospective

Reply to paragraph 84

In the Islamic Republic of Iran, crimes, including crimes leading to the issuance of death

sentences, are prosecuted with special sensitivity in the courts, with the presence of the

prosecutor's representative, the accused and his lawyer through convening hearings and fair

trial. The structure of the judicial system in Iran is in such a way that it guarantees the fair trial

process.

Reply to clause 85

It appears that the successes of the Iranian nation and government in the fight against organized

crime and the dangerous sectorian group is not properly reflected in this paragraph. It should

be noted that no non-terrorist individual has been executed, and individuals from members of

terrorist groups who had played an effective role in committing armed operations were

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37

punished under the law and following completion of the required legal proceedings and

investigations. A number of those who had lighter offenses were released after serving their

prison term and are presently living their normal life. Many, who have little role in working

and cooperating with this group and other terrorist groups, have been dealt with Islamic

affection and have not been prosecuted. Therefore, the allegation of mass murder referred to in

this paragraph is unfounded. Instead of supporting the false allegations made by the terrorist

organization, it is expected that the victims of terrorism will be supported and, in particular, the

innocent victims of the terrorist operations of the organization to be protected. There are more

than 17,000 victims and the record of each assassination is documented. It should be noted that

claims for prosecution of individuals who seek legal advice or make complaints, are false and

could be investigated

Reply to paragraph 86

Under Article 38 of the Constitution of the Islamic Republic of Iran, any torture is

prohibited in the country, and according to Articles 570, 578, 579, and 587 of the Iranian Penal

Code and the Articles of the stipulations of the Law on the Respect to the Right to Freedom

and the Protection of Citizenship, all offenders and other ill-treatment will be subject to severe

punishment As for the issue of the use of lash punishments in the Islamic law, it has been

considered and stipulated to prevent similar crimes and to reduce the use of sentences of

imprisonment, which by themselves, have had major social, moral and economic

consequences. Regrettably, this punishment has been interpreted wrongfully, by the West, as a

degrading punishment. Also, the physical punishments which are anticipated in the laws of the

Islamic Republic of Iran are legislated and legalized, and therefore they are not in contradiction

with Iran's obligations under paragraph 7 of the International Covenant on Civil and Political

Rights.

Reply to paragraph 87:In addition to the absolute prohibition of torture in the laws of the

country, based on Articles 9 and 10 of the single article of the law on respect for legitimate

freedoms and protection of citizenship rights, any natural or legal person can file a lawsuit or

report to the secretariats of Central or Provincial Supervision Council for Appropriate Law

Enforcement, to be carefully and vigorously prosecuted. In addition, periodic inspections of

detention centers and prisons have always been carried out by in-house bodies. While, in

addition to periodic inspections and the handling of related complaints, Iranian prisons are

subject to numerous governmental and nongovernmental supervisions.The visit of several

ambassadors and diplomats to the Evin Prison and visiting of an 11-member parliamentary

delegation from the National Security and Justice Commissions and particularly their visit of

security detainees and Section 209 should be duly taken into consideration.

Reply to paragraph 88

The approach to improving the prisoners' situation has always been on the agenda, and the

health, treatment and nutrition of prisoners are being sought. Health units are located in

prisons, and standard care is provided, so that prisoners' access to doctors is sometimes much

easier and faster in comparison with other people in the community; and all medical treatments

for prisoners are provided free of charge. In addition, in the case of special medical

requirement, the prisoner shall be dispatched to hospital out of the prison, upon discretion of

prison’s doctor, and coordination of the judicial authority with the prison supervisor. Also, no group of civil society members, including so-called human rights defenders and political

activists, would be excluded from the protection of the law while they comply with legal

requirements and do not fall subject to the offenses covered by the abovementioned articles. In

addition, according to the Islamic Penal Code, there is no punishment for political activity, so

there are no political prisoners in the Islamic Republic of Iran. It should be noted that the editor

of the Draft Report should have avoided to put the terrorists and perpetrators of serious security offenses in the list of the so-called political prisoners.

Reply to paragraph 89

Freedom of opinion and expression, media activities and the freedom of peaceful assembly are

always supported in the Islamic Republic of Iran. Article 24 of the Constitution, the press law

of 1985, with subsequent reviews and amendments, as well as the law on the dissemination and

access to information adopted in the 2009 stipulate the freedom of the press right and free

access to general information for each Iranian citizen, in accordance with the laws and

regulations. Freedom of information circulation is respected by the state's massive investment

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to facilitate people's access to information which has resulted in increase of internet users to

nearly 50 million people. Therefore, the due attention of the legislator of the Islamic Republic

of Iran has guaranteed the provision of freedom of expression and access to information in

compliance with the public's rights and only those individuals who, by insulting or abusing the

press and harassing people or exposing people’s personal information or defamation, committed a verb or a criminal offense are prosecuted and punished.

Reply to paragraph 90

From the point of view of the Islamic Penal Code, there is no punishment for political activity,

so there are no political prisoners in the Islamic Republic of Iran. Recently, with the adoption

of a political crime bill called the Political Crime Act of 2016 and provision of definitions,

attempts have been made to tolerate political activists, in case of an offense or crime by them.

In addition, it should be noted that the communication of the Working Group, referred to in

this paragraph, had already been answered in detail.

Reply to paragraph 91

In the Islamic Republic of Iran, no one is prosecuted for collaborating with international human

rights mechanisms. Again, it should be noted that in the laws of Iran and also in the

administrative procedure, everyone committing acts determined by the legislator to entail a

punishment through fair trial, will receive a punishment in proportionate to the committed,

offense established in the law, and in this connection no exception among citizens.

Reply to paragraph 92

Under the laws of the Islamic Republic of Iran, charges of special sensitivity shall be dealt in

the courts with the presence of the prosecutor's representative, the accused and his lawyer

through convening of required hearings and observance of fair trial proceedings. The

observance of principles such as issuing of arrest warrant at the investigation stage and the

principles governing fair trial in the initial stages, appeals, and restitutions and the fair trial

rules are all stipulated in provisions of the Criminal Procedure Law. The correct enforcement

of is supervised through the Supreme Court, and it shall deal with any deviation from the legal

path, without the slightest discrimination; and in the event of an illegal action contrary to the

pertinent law, the Court may violate the judgment and re-examine it. The Islamic

Revolutionary Tribunal is also a specialized tribunal that, under the law, only has the

jurisdiction to deal with certain crimes, including all crimes against domestic and foreign

security and all crimes related to smuggling and narcotics, and in no way can deal or consider

other crimes outside the framework set forth in the law, and the procedure is similar to that of

other courts.

Reply to paragraph 93:Regarding the independence of the judiciary, it is worth mentioning

that, in accordance with Principle 156 of the Constitution, the Judiciary is an independent

power and, in accordance with Principles 164 and 166, the judicial authority is protected by

law and at the same time the judge is obliged to issue a verdict reasonably and on the basis of

documents. In addition, ordinary laws, such as the "Criminal Procedure", "Civil Procedure",

and regulatory rules, have guaranteed the independence of judges and lawyers at all stages of

proceedings, whether they are initial or appeal. The Judiciary is impartial and without the

influence of other administrative or legislative Powers, is protected by the Constitution

(Chapter 11); and in order to implement the rules of ordinary laws, which have been introduced

through democratic process and have been operational, and with cooperation of judicial

agencies, carry outs the entrusted duties. The judiciary has taken various measures to improve

the efficiency and guarantee of greater independence, by monitoring the performance of the

judiciary and affiliated organizations, which is referred to in the text of the response.

Reply to paragraph 94

Ordinary laws, including criminal procedure, civil procedure, and supervisory rules, have

guaranteed the independence of judges and lawyers at all stages of proceedings, whether they

are initial or appeal. Also, lawyers in Iran have full independence and any probable violations

by them is investigated by the Bar Association which is more than 90 years old. Further

explanations are given on the independence of lawyers in the text.

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39

Reply to paragraph 95

In addition to protecting women's rights in domestic law, the Islamic Republic of Iran has

enacted many of the major human rights treaties, including women's and girls' rights, so that

the mere non-alignment to the Convention (CEDAW), to which some other countries have not

yet acceded, not to be interpreted as non-compliance with women's rights. In addition,

considering the geographical location of the Islamic Republic of Iran, some legal restrictions

are introduced for legal consideration, on the movement of women have been planned for the

purpose of combating human trafficking and the seduction of women and girls. It should be

noted that the coverage requirements are not specific to women and include men, which, of

course, vary in scope. Regarding the age of marriage in some parts of the country due to

climatic conditions, physical and mental maturity has occurred at the beginning of adolescence

and it causes individuals to establish a family unit, while at the same time it is noted that the

average age of marriage in Iran is now 27, for men, and 25, for women. Cultural efforts have

also been directed toward optimal marriage age management.

Regarding the suitability of a woman's occupation and the need for permission of the spouse,

the legislator emphasizes that this condition is mutually exclusive for men, and that a wife can

prevent a man from engaging in a disadvantaged family job. Regarding the citizenship of the

offspring of Iranian women married to foreign nationals, in this connection (i. e. determination

of the nationality of children born of Iranian marriages with foreign nationals) the civil law has

once made revisions in 2006 and it has given new privileges to these women, observing the

national interests and the interests of the children. Again, this year, a draft has been sent, by

parliamentarians to the Commission of Councils and Internal affairs of the Parliament for

addressing the issue. It was confirmed and referred to the Parliament’s Judicial Commission.

The draft is currently under consideration and will be submitted to the Executive Board after

approval by the commission. It should also be pointed out that mere non-adherence to a

convention, to which some other countries have not acceded, should not be a precondition for

women's status in a country. It should also be noted that the bill referred to (increase of

population and preventing birth decreased) has not yet been ratified and it is in the working

program of the parliament.

Reply to paragraph 96

In the Islamic Republic of Iran there is no religious or cultural belief is discriminated in

violation of the rights of religious minorities, as according to Article 19 of the Constitution, the

people of Iran enjoy equal rights from any tribe and tribe. In this regard, it has always been

tried to ensure that the rights of all individuals of the religious faiths are guaranteed in

accordance with the law. As detailed in the reports and official documents of the Iranian

government, in addition to their political in high level of decision-making and observance of

legal protections for them, there are numerous provisions and programs stipulated for religious

minorities. Also, people belonging to sects enjoy the rights of the citizen in the framework of

the law. In addition, in the laws of Iran and also in the administrative procedure, anyone

committing acts entailed by the legislator to bear a punishment, regardless belief of the

perpetrator, and after a fair trial and exhaustion of legal proceedings, he/she is punishable.

The appropriate situation of ethnic groups and their political, economic, social and cultural

status, and the guarantee of respect for citizenship rights for all Iranian citizens, are repeatedly

presented in the form of official reports of the Islamic Republic of Iran with relevant

documentation which can be referred. Meanwhile, in the laws of Iran, individuals are

punishable for committing an unlawful act, and has nothing to do with the perpetrator’s

ethnical affiliation.

Reply to paragraph 97

Based on the Islamic Law and the laws of the Islamic Republic of Iran as well as the culture

and the current customs in society and the importance of the institution of family, the

unconventional acts, conflicting them, such as homosexual tendencies, are completely rejected.

Allowing transgender people to undergo sex change surgery is an important example. It is

worth mentioning that in order to support these people, actions such as: reviewing the drafting

of a supportive bill for transgender people, providing counseling, providing financial and

insurance facilities and attracting support from public institutions, have been taken

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40

Final Considerations

The designation of a country-specific human rights Rapporteur for a country like Iran that is

consistent with its obligations toward its citizens and the international community is

fundamentally unnecessary. In addition, the mechanism of the country's Rapporteur, at the

United Nations, must be based on professional, just, impartial, fair and non-political principles.

It should be noted that the Human Rights Council has been established to prevent double-

standard behaviours, and that the UPR mechanism is to be based on the equal treatment with

all countries; Hence, such a mechanism should not be weakened by parallel actions. Therefore,

the Islamic Republic of Iran believes that the appointment of the Special Rapporteur for this

country is unjustified on the basis of the provided reasons, and it is unacceptable because of

non-fulfillment and observance of the above-mentioned characteristics.

- The Islamic Republic of Iran, with a serious intention to engage and cooperate with

international mechanisms, has responded to all paragraphs of the draft report. Also, all the

cases specified in the draft have been answered, and in the case of some individuals mentioned

in the draft, inquiries have been made to the competent authorities which, due to the lack of

time, shall be provided upon receiving replies from them. Referring to the statistics of 7

responses from 9 communications in the current report, of the Rapporteur, shows a rate of 77%

of response and an indication of Iran's constructive and expanding cooperation with the

Rapporteur and other Special Mandate Holders.

- In the present answer, the Islamic Republic of Iran has provided extensive information on the

promotion of the human rights situation, and calls for its inclusion in the final report, and in

many cases, given the availability of adequate information, requests for the removal or

allegations. In observance of her duties, set forth in the assignments of the Rapporteurs, we

hope that these replies are adequately reflected in the final report.

- In response to the Draft Report of the Special Rapporteur to the 72nd General Assembly, she

was requested to amend 21 items and delete 34 paragraphs as mentioned hereunder; which,

unfortunately, were not considered and the allegations contained in the final version were

repeated in paragrahs 30, 34, 39, 44, 50, 51, 52, 53, 58, 63, 68, 76, 84, 85, 89, 94, 98, 102, 103,

104, 105 and removal of the parts: 6, 15, 17, 22, 31, 32, 45, 46, 54, 55, 57, 60, 61, 68, 69, 71,

72, 73, 76, 80, 81, 83, 86, 89, 90, 91, 92, 93, 95, 96, 97, 99, 100 and 103.

- Despite numerous remarks by the Government of the Islamic Republic of Iran, to the last

draft reports of the Special Rapporteur, on the need for condemnation of the anti-human rights

sanctions against Iranian citizens, the Special Rapporteur finally raised, although late, the

harmful effects of sanctions on the rights of Iranian citizens. Nevertheless, the Special

Rapporteur is expected , in the light of the document (A / HRC / RES / 27/21) and in

cooperation with the Special Rapporteur on unilateral measures, to draw up a final report

detailing the harmful effects of illegal and anti-human rights, which have affected the rights of

the public of Iranian citizens. And further denounce the sanctions.

It is surprising that a country with the development of Iran, whose democratic system, with

reliance on religious rationality, reliance on people's votes, holding numerous elections and

power rotation between the various parties, runs the country well and achieves its sublime

goals and further social, cultural, and economic development, to be subjected to attacks and

unfair accusations because of the independence of its foreign policy and opposition to

hegemony and domination of some western countries, in particular the United States; and also

receive continuous human rights resolution in the years after the victory of the Islamic

Revolution; while these countries commit gross violations of human rights inside and outside

their territories, and even have close allies who have not tolerated democracy and are fully

reactionary, or have been involved in aggression and killing of innocent children. But, in the

shadow of their support, they are not seriously criticized by international human rights

mechanisms.

- The formation of the model in this report, which is referred to in this respond, as the model of

weakening democracy, has been repeated in various parts of the world and has failed in Iran,

which has to be seriously taken into consideration due to the nature of its human rights.

International human rights mechanisms, including the Special procedures, are no exception to

this rule and it is necessary for them to act in their due direction in support of democracies

established in developing countries.

A/HRC/37/68/Add.1

41

Unfortunately, in paragraphs 14, 23, 27, 51, 57, 58, 59 and 60, the word "pattern", in paragraph

22, the word “mass murder, in paragraph 71, the word “systematic” and in paragraph 70, the

word "regime" is incorrectly used; which are necessary to be deleted in the final document.

- As the Rapporteur has acknowledged, the adoption and implementation of the new law on

drugs has significantly reduced the number of executions of drug offenders. The thirty-year-old

performance of the Islamic Republic of Iran has shown that through identifying necessities, it

has always sought to formulate appropriate and efficient laws, and this process will continue as

necessary.

- Unfortunately, the prejudices and hasty judgments contained in the draft report aim to lessen

the legal and practical progress made in the country. It should be noted that the various legal

and practical developments in the country, referred to in various paragraphs specifically,

indicate the process of progressing and realization of justice which guarantees the observance

of the rights of the accused more effectively, without discrimination.

- Despite the fact that several attempts have been made in the draft, and a large volume of

actions are being criticized, it is clear from the information provided that they are ordinary

cases which are dealt with in accordance with legal requirements, and thus mentioning them in

the report, in addition to making it a long report, provides a false image of the human rights

situation in Iran; while there are frequent similar cases in all countries and the handling of

crimes is commonplace.

-The draft of the present report, which is the latest and the last report by the Special

Rapporteur, is not based on the principles of reporting and the presentation of a balanced text

based on the impartiality and avoidance of prejudices, specified in Resolution 2.5. It should be

noted that the contents of a report should be based on verified information or on matters that

are relevant to their respective judicial processes within the country. The report should not be a

turbulent and careless compilation, including allegations made by newspapers and non-

competent, non-relevant websites or sources that are known for publishing fake news reports or

to depend on fake news released by terrorist organizations.

In particular, it is expected that the rapporter, on the basis of her mandate, wouldl, after

receiving officially approved information, usefully observe the principles of fairness and

impartiality, and refrain from providing personal interpretations and biased orientation, and do

not reflect groundless allegations, based on the interpretation of situations. This is evident in

many paragraphs in the present draft, which is requested in each paragraph of the current reply,

to be amended or removed.

- The Special Rapporteur was expected, in addition to using trustworthy sources, to take into

consideration the official country responses provided on a regular basis, in particular to

previous and documented responses to the earlier reports of the rapporteurr to the thirty-fourth

session of the Human Rights Council, as well as the seventy-second meeting of the Third

Committee of the General Assembly. Thus, it is required that in the final report she practically

include the provisions of the previous replies and the current one. It is also necessary to insert

the response of the Islamic Republic of Iran, in the final report, after each paragraph, in

accordance with the rules of the Special Procedures.

- Despite the progress made and despite the acknowledgment of some of them, the draft has

unfortunately been initiated by unconventional and prejudicial statements and it has expressed

its concern over the issues that present a misleading picture of human rights issues in Iran.

- Despite the structural and form weaknesses in the drafting, due to the progress and

modification of procedures and practices in the reporting period, some of which are welcomed

by the Rapporteur, it is expected that the pre-emptive approach to be amended and modifies in

the final report, providing the opportunity for further interaction with the reporter.

- The amount of progress made in the laws and promotion of the performance of the Islamic

Republic of Iran in the past few years, regardless of prejudice and the presentation of biased

commentary in the draft, is the best evidence of the unsubstantiation of monitoring the issue of

human rights in the Islamic Republic Iran, and these developments should also be addressed by

the Human Rights Council.

- The Government of the Islamic Republic of Iran, with the precision and interest, while

engaging and participating in all relevant sectors, recognized 63% of the recommendations

during the second UPR cycle from the legal, political, economic, social and cultural point of

view and it has been on the path to its implementation. Obviously, according to the UPR

mechanism, countries are responsible for accepted recommendations.

- The draft Report has cited numerous statements and press releases of the Special Procedures

and the Office of the High Commissioner on numerous occasions. Many of these cases have

A/HRC/37/68/Add.1

42

already been adequately addressed by the Islamic Republic of Iran and have been criticized for

their urgent issuance before being consulted by the relevant government. It is expected that

before the finalization of the present draft, the Islamic Republic of Iran's replies to the above-

mentioned effectively.

- In the present Draft, the unpredictable assertions have been unequivocally hypothetical and

based on interpretations. Also, in some cases, there are opinions on uncompleted prosecutions,

which are unacceptable.

- In the Draft Report, undocumented cases (such as paragraphs 12, 22, 23, 27, 33, 35, 37, 38,

39, 54, 56, 57, 59, 61, 69, 70, 75, 76, 77) and numerous unrealistic statistics (such as

paragraphs 13, 19, 21, 23, 25, 31, 33, 72) are raised which should be removed from the final

report.

- In conclusion, it is expected that tha above-mentioned facts and information to be included,

properly, in the final report of the Special Rapporteur.