Report on alleged violations of human rights in Iran.

Andres Aguilar, a Special Representative of the Commission on Human Rights, has "noted with great concern the number and gravity" of "alleged violations of human rights" in Iran.

He took that action in a preliminary report (E/CN.4/1985/20) to the Commission on the human rights situation in Iran. He said he had received from "various sources" communications and documents containing information on "alleged violations" of human rights in Iran. The sources included non-governmental organizations in consultative status with the Economic and Social Council.

Mr. Aguilar's report was reviewed by the Commission during its 1985 annual session, held at Geneva from 4 February to 15 March.

Mr. Aguilar said that although he had not been in a position to evaluate the information received from those sources--due to, among other things, his "lack of direct contact" with Iranian authorities--he had noted, in particular, those "alleged violations" relating to the right to life (article 6 of the International Covenant on Civil and Political Rights); the right to freedom from torture or cruel, inhuman or degrading treatment or punishment (article 7); the right to liberty and security of person and to freedom from arbitrary arrest or detention (article 9); the right to a fair trial (article 14); the right to freedom of thought, conscience and religion and to freedom of expression (articles 18 and 19, respectively); and the right of religious minorities to profess and practise their own religion (article 27).

In resolution 1984/54 adopted at his annual meeting last year, the Commission had requested its Chairman to appoint a special representative of the Commission, whose mandate would be to establish contacts with the Government of Iran and to make a thorough study of the human rights situation in that country. The study would be based on such information as he might deem relevant, including comments and materials provided by the Government. The Commission Chairman on 19 October 1984 designated Mr. Aguilar as Special Representative.

In his report, Mr. Aguilar recalled that Iran had ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. It had also ratified a number of other international instruments in the field of human rights. He observed "No State can claim to be allowed to disrespect basic, entrenched rights such as the right to life, freedom from torture, freedom of thought, conscience and religion, and the right to a fair trial which are provided for under the Universal Declaration of Human Rights and the International Covenants on Human Rights, on the ground that departure from these standards might be permitted under national or religious law."

The Special Representative said Iran has passed through a "difficult period". Its people and its leaders shared the universal aspiration for justice to which the Charter gave "such eloquent expression." "In a revolutionary or post-revolutionary situation there are understandably debates about the philosophies, principles and doctrines which should guide the reconstruction of society in a spirit of justice and equity. These are issues which require reflection and discussion, but the community of nations cannot accept that one State should isolate itself to the extent of denying the validity of a system of law which had developed through universal acceptance and remains one of the most important elements in the relationship between States, forming the backbone of the community of nations as it exists in the world today."

International law in general and human rights law in particular were not "static notions", the Special Representative observed. They were evolving and the Commission itself had over the years, initiated many new developments, some of which were still in an embryonic stage. "However, it has to be borne in mind that it is the community of nations, through its organs and through concurrent practice, which develops international law. A single State cannot disassociate itself from this process and deny the validity of the norms created by common understanding."

Mr. Aguilar said that he had not received any reply to his letters to Iranian officials expressing his wish to visit Iran and to establish direct contacts with "the authorities concerned". However, he hoped that the "full cooperation" of the Iranian Government would be extended to him. He appealed to Iran to co-operate "in good faith with him and the Commission and to open a dialogue".

[Iran told the Commission that two years ago, it had invited the Secretary-General's representative to visit Iran on condition that the Commission should not make any judgement without positive proof. The Commission had ignored that condition and had adopted resolution after resolution against Iran. Iran rejected the allegations contained in resolution 1985/39. In Iran, no one was condemned for their personal beliefs, and arbitrary execution was not compatible with the judicial system, although spies and terrorists were dealt with according to the rule of law.

Prisons in Iran had all possible welfare facilities and under no circumstances was torture employed since it contravened Islamic law. The claim of the Baha'i community's representative that Iran intended to kill all Baha'is was a false allegation. Iran respected all rules and regulations and international laws within the framework of Islamic teachings.]