Abdorrahman Boroumand Center

Mr. President, Distinguished Delegates, Representatives of civil society

In reporting to the Council this year, I present my latest report with an overview of key areas of concern regarding the human rights situation in the Islamic Republic of Iran, with a focused examination on accountability for human rights violations.

At the outset I would like to highlight that the Islamic Republic of Iran continues to deny my mandate access to the country. I nonetheless thank the Government for its comments to my report and responses to my communications.

Mr President,

I will begin by making some brief points about the overall human rights situation. I will not be able here to raise all the concerns on individual cases, but I refer to my report for a fuller account.

In 2021, at least 280 individuals, including at least 10 women were executed. In addition to the two cases of child offender executions mentioned in my report, I have subsequent to the publication of my report been informed of a third child offender who was executed in secret last year, without prior notice to his family.

Last year saw an increase in the number of executions for drug-related charges, with many of those executed being from minority communities, with over 40 Baluch and over 50 Kurdish individuals executed. The death sentence continued to be imposed for a wide range of acts, including against individuals who have participated in protests. The report also reiterated the deeply flawed processes that precede the imposition of the death penalty, including lack of access to a lawyer and the use of forced confessions obtained under torture and without subsequent investigation into such allegations.

I have indicated that I would welcome any information from the Government on the imposition of the death penalty. I do not believe, however, that the debate can proceed solely on the basis of denials.

Mr President,

The reporting period saw two egregious examples of the use of lethal and excessive force in the context of peaceful assemblies. Both cases related to protests in the context of access to water and the impact of the dire water shortage on the life and livelihood of people.

The first was the use of force against protesters in the summer of 2021 primarily in Khuzestan province, leading to the death of at least eight individuals, including two children, injury of a large number of others and a high number of arrests. The second instance was in November 2021, where peaceful protests in Esfahan were met with a violent response by security forces using batons, tear gas and pellet guns, leading to severe head and eye injuries and arrest of at least 200 people. There has been no investigation into the excessive use of force and other violations committed in the context of these protests.

In both events, we again witnessed the Government’s use of internet disruptions that prevented timely access to and sharing of information.

This brings me to another development of serious concern. In February, Parliament adopted the general part of the “Regulatory System for Online Services Bill”, despite strong opposition to the bill by civil society. The bill constitutes a major step towards consolidating a digital wall in Iran, which would in effect separate Iran from the global internet. Within the already severely restricted and censored environment for access to information, the adoption of this law sends a strong signal that Iran excludes itself from the global information environment.  Last year, my colleagues in thematic mandates and I sent a communication on the bill to the Government, but I regret that none of our recommendations have been taken into consideration.

Another concerning legislative development during the reporting period is the adoption of the Youthful Population Law, which further imposes restrictions on sexual and reproductive health rights, including access to contraceptives and information, with particular negative impact on the rights of women and girls. The law also further criminalizes abortion. It is regrettable that this law will lead to the reversal of some of the achievements made by the Islamic Republic of Iran in the context of combatting the spread of HIV/Aids and other sexually transmittable diseases.

The thematic focus of the report is accountability and the legal, structural and policy impediments that for decades have resulted in persistent impunity for human rights violations of the most serious kind.

On this issue, there are many challenges to be addressed. Acknowledging these challenges is a first step for overcoming them.

Among the first challenge to acknowledge is that the existing constitutional and political structure of the Islamic Republic of Iran, is not designed to hold those who govern accountable to those who are governed.

On the one hand, the absence of political pluralism and democratic participation means that people cannot participate in decision-making. On the other hand, the lack of separation of powers, including independence of the judiciary, means that people have no recourse to claiming their rights when violated. Important changes and reforms need to be made in both these areas, and it can start with simple acknowledgement of the problem. I stand ready to openly and transparently engage on these issues with the Government.

The report shows how some of the structures of the system of governance are incompatible with international standards. The Government has stressed that the system of governance is an issue of sovereignty. While sovereignty is a fundamental principle of international law, it is equally imperative that States fulfil their obligations under international human rights law. 

Amongst emblematic examples of persistent impunity we find the excessive use of force in the context of nationwide protests in 2009 and 2019, which to-date have not been the subject of any independent investigation. Other examples include impunity for the downing of Ukraine Airlines flight PS752 in 2020; lethal use of force against border couriers; large-scale enforced disappearances and summary executions of real or perceived political dissidents in 1982 and 1988, and assassination and assassination attempts of intellectuals, journalists and dissidents inside and outside of the country.

The problem of accountability does not stop at the failure or rather, unwillingness of the Government, to take steps to pursue accountability. In addition, there is a widespread practice which amounts to a policy of attempting to silence those who call for accountability. There are many cases of harassment and threats against families of victims and others calling for justice, including in the context of civil society initiatives for accountability such as the Aban Tribunal. In some cases individuals are subjected to criminal prosecution simply for having called for justice. Human rights lawyers Arash Kaykhosravi and Mostafa Nili together with human rights defender Mehdi Mahmoudian were arrested and charged with national security crimes for merely planning a lawsuit against the authorities for mismanagement of the COVID-19 pandemic. I call on the Council to look seriously into this culture of reprisals as it perpetuates the cycles of violence without any consequences for the State or for individual perpetrators.

Mr President,

I reiterate the fundamental responsibility of the State to take serious steps to ensure accountability. In the absence of such steps and the unavailability of domestic channels for accountability, I stress the role and responsibility of the international community, including this Council.