137. Eu égard aux difficultés évoquées plus haut concernant la compatibilité entre certaines normes islamiques et normes internationales en matière de droits de l’homme et afin de donner, en cas de divergence, une idée exacte des droits de l’homme islamiques, une commission composée de spécialistes de l’Islam et d’universitaires a été établie auprès du Ministère des affaires étrangères. Cette commission définira le point de vue islamique des droits de l’homme et présentera des recommandations pratiques en vue de renforcer les liens de coopération avec le système international des droits de l’homme.
X. Attentes en matière de renforcement des capacités et d’assistance technique
138. L’Iran est pleinement disposé à entretenir des liens bilatéraux et multilatéraux de coopération et à recevoir des services consultatifs et une assistance technique au titre du renforcement des capacités et de la promotion des droits de l’homme. Nous souhaitons établir de tels liens en étroite collaboration avec toutes les organisations internationales concernées et tous les États Membres de l’Organisation des Nations Unies sur la base des principes de l’égalité souveraine, du respect mutuel, de la non-ingérence dans les affaires intérieures et du refus des approches politiques et sélectives.
1 Refer to document A/HRC/6/L.24.
2 The list of universities and NGOs consulted for the preparation of the national report is attached as annex 1.
3 The three branches of the government are :Judiciary, Executive and Legislative.
4 For further information on Iran refer to HRI/CORE/1/Add.106.Core Document 1999.
5 The constitution was amended in 1990 and with some changes in certain articles it was approved in a general referendum.
6 The constitution that was voted by the overwhelming majority of people consists of 14 chapters and 177 articles. Chapter 3 for the constitution under the title of “rights of People” has 24 articles relating to human rights and fundamental freedoms. Also, other chapters and articles of the Constitution have clear references to these rights. These rights are stated below:
Article 2: Human dignity: the Islamic Republic of Iran is a system based on belief in dignity and worth of human being and the duty to God.
Article 3: Political, Social, Civil, Economic and Cultural rights: the government has the duty to ensure political and social freedoms within the confines of the law, public participation in deciding their political, economic and social destiny, the abolition of all forms of undesirable discrimination and the provision of equitable opportunities for all, in both the material and the intellectual spheres, the planning of a correct and just economic system, in accordance with Islamic criteria, in order to create welfare, eliminate poverty, and abolish all forms of deprivation with respect to food, housing, work, health care, and the provision of social insurance for all, and ensuring the rights of all people, men and women, and creating judicial security for all and equality before the law.
Article 6: Democracy: In the Islamic Republic of Iran, the affairs of the country must be administered on the basis of public opinion expressed by the means of elections.
Article 9: Prohibition of Infringement of Freedoms:
No authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the country.
Articles 12, 13, 14, 15, deal with the rights of minority:
Official religion of Iran is Islam and the Twelver Ja'fari school. Other Islamic schools are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites. These schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in
courts of law. In regions of the country where Muslims following any one of these schools constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school, without infringing upon the rights of the followers of other schools.
Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education.
The government of the Islamic Republic of Iran and all Muslims are duty-bound to treat non-Muslims in conformity with ethical norms and the principles of Islamic justice and equity, and to respect their human rights. The Official Language and script of Iran, the lingua franca of its people, is Persian.
Official documents, correspondence, and texts, as well as text-books, must be in this language and script. However, the use of regional and tribal languages in the press and mass media, as well as for teaching of their literature in schools, is allowed in addition to Persian.
Article 19: All people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; color, race, language, and the like, do not bestow any privilege.
Article 20: All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria.
Article 21: criteria, and accomplish the following goals:
1) create a favorable environment for the growth of woman's personality and the restoration of her rights, both the material and intellectual;
2) the protection of mothers, particularly during pregnancy and child-rearing, and the protection of children without guardians;
3) establishing competent courts to protect and preserve the family;
4) the provision of special insurance for widows, aged women, and women without support;
5) the awarding of guardianship of children to worthy mothers, in order to protect the interests of the children, in the absence of a legal guardian.
Article 22: The dignity, life, property, rights, residence, and occupation of the individual are inviolate, except in cases sanctioned by law.
Article 23: The investigation of individuals' beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief.
Articles 24, 168 and 175 relate to freedom of expression: Publications and the press have freedom of expression except when it is detrimental to the fundamental principles of Islam or the rights of the public. The cases of violations by the press are examined by press courts in presence of a jury.
Freedom of expression and airing of opinions in radio and television should be in keeping with the Islamic principles and the best interest of the public.
Article 25: Right to privacy: The inspection of letters and the failure to deliver them, the recording and disclosure of telephone conversations, the disclosure of telegraphic and telex communications, censorship, or the willful failure to transmit them, eavesdropping, and all forms of covert
investigation are forbidden, except as provided by law.
Articles 26 and 27: Freedom of political parties and the right to peaceful assembly: The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them.
Public meetings and marches may be freely held, provided arms are not carried and that they are not detrimental to the fundamental principles of Islam.
Article 28, 29, 30, 31: Economic, Social and Cultural Rights: Everyone has the right to choose any occupation he wishes, if it is not contrary to Islam and the public interests, and does not infringe the rights of others. The government has the duty, with due consideration of the need of society for different kinds of work, to provide every citizen with the opportunity to work, and to create equal conditions for obtaining it.
To benefit from social security with respect to retirement, unemployment, old age, disability, absence of a guardian, and benefits relating to being stranded, accidents, health services, and medical care and
treatment, provided through insurance or other means, is accepted as a universal right of work, to provide every citizen with the opportunity to work, and to create equal conditions for obtaining it.
The government must provide the foregoing services and financial support for every individual citizen by drawing, in accordance with the law, on the national revenues and funds obtained through public contributions.
The government must provide all citizens with free education up to secondary school, and must expand free higher education to the extent required by the country for attaining self-sufficiency.
It is the right of every Iranian individual and family to possess housing commensurate with his needs.
The government must make land available for the implementation of this article, according priority to those need is greatest, in particular the rural population and the workers.
Article 32: Arbitrary arrest: No one may be arrested except by the order and in accordance with the procedure laid down by law. In case of arrest, charges with the reasons for accusation must, without delay, be communicated and explained to the accused in writing, and a provisional dossier must be forwarded to the competent judicial authorities within a maximum of twenty-four hours so that the preliminaries to the trial can be completed as swiftly as possible. The violation of this article will be liable to punishment in accordance with the law.
Article 33: Prohibition of banishment: No one can be banished from his place of residence, prevented from residing in the place of his choice, or compelled to reside in a given locality, except in cases provided by law.
Article 34: recourse to courts: It is the indisputable right of every citizen to seek justice by recourse to competent courts. All citizens have right of access to such courts, and no one can be barred from courts to which he has a legal right of recourse.
Article 35: The right to legal counsel: Both parties to a lawsuit have the right in all courts of law to select an attorney, and if they are unable to do so, arrangements must be made to provide them with legal counsel.
Article 36: Competence of the court: The passing and execution of a sentence must be only by a competent court and in accordance with law.
Article 37; Presumption of innocence: Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court.
Article 38: Prohibition of torture: All affronts to the dignity and repute of persons arrested, detained, imprisoned, or banished in accordance with the law, whatever form they may take, are forbidden and liable to punishment.
Article 39: Dignity of arrested persons: All affronts to the dignity and repute of persons arrested, detained, imprisoned, or banished in accordance with the law, whatever form they may take, are forbidden and liable to punishment.
Article 50: Environment: The preservation of the environment, in which the present as well as the future generations have a right to flourishing social existence, is regarded as a public duty in the Islamic Republic. Economic and other activities that inevitably involve pollution of the environment or cause irreparable damage to it are therefore forbidden.
7
8 Article 63 of the Constitution.
9 Article 64 of the Constitution.
10 Ibid.
11 Article 69 of the Constitution.
12 Article 71 of the Constitution.
13 Article 72 of the Constitution.
14 Article 84 of the Constitution.
15 Article 86 of the Constitution.
16 According to article 44 of the internal regulations of Majlis, this committee can make inquires at all agencies, ministries and organizations of the three branches of the government and demand
explanations for all complaints left unanswered. The reports by the Article 90 Committee are read on the floor after submission to the presidium.
17 Article 91 of the Constitution.
18 Article 96 of the Constitution.
19 Articles 112, 111, 110, and 177 of the Constitution.
20 More information on the structure of the Judiciary is available at third ICCPR periodic report of the I.R. of Iran to human rights committee.
21 Article 158 of the Constitution, deals with the duties of the head of the Judiciary.
22 Article 161 of the Constitution.
23 Duties of the Minister of Justice are explained in article 160 of the Constitution.
24 Article 156 of the Constitution deals with the duties of the Judiciary.
25 Article 166.
26 Paragraph 14 of article 3.
27 Article 4 and 12 of the Constitution.
28 Article 91 of the Civil Code.
29 Article 165 of the Constitution.
30 Article 35 of the Constitution and 1991 Law of Majlis.
31 Article 38 of the Constitution.
32 Article 169 of the Constitution and article 2 of the Islamic Penal Code of 1996.
33 Article 168 of the Constitution.
34 Article 32 of the Constitution.
35 Article 179 of the Constitution.
36 According to article 268 of the Criminal Code and article 387 of Civil Code, the prosecutor General is Allowed to ask the Supreme Court to revise a ruling by a lower court if it is contrary to law and Sharia, provided the convicted person requests from the Prosecutor within a month after the final ruling.
37 According to paragraph 3 of article 156 of the Constitution.
38 According to article 161 of the Constitution.
39 According to article 17 of the Criminal Code.
40 To achieve this supervision, the Prosecutor General sends judges to police stations to visit the holding cells for temporary detention and ensure that all police procedures in respect of arrested persons are in line with the law and regulations. If any violations are discovered in the course of inspection, the necessary warnings are given to the officer in charge and if needed, the mater will be referred for judicial action. Moreover, assistant prosecutors also visit prisons to inspect the conduct of prison guards and officials. They meet the prisoners and enquire about their problems and take necessary actions.
41 Article 173 of the Constitution relate to Administrative Justice Tribunal. The first law on this tribunal was ratified in 1981 and the new law was ratified in 2006.
42 Article 74 of the Constitution: the ordinary law relating to the powers, authority and organization of General Inspection Organization and its Implementing Regulations were approved in 1981. Regular and special inspections of all ministries, state-owned companies, armed forces and police are carried out by this Organization. Reporting of cases of violations by the government agencies is one of the primary tasks of the General Inspection Organization.
43 Supervision over the proper enforcement of the said law and creating a uniform procedure, amending methodologies and processes and making them compatible with regulations, review of the reports of the Supervisory and Inspection Boards in the provinces , sending special inspection teams to the agencies covered by this directive, sending complaints and reports to relevant authorities, and following them up until conclusion, recommending rewards or punitive measures according to the reports of inspection teams, preparation of reports on the situation of enforcement of legations and laws in the country every three months, presenting the same report to h public every six months are among the responsibilities of this Board, in addition, a board comprising five judges of the justice system, from the armed forces judicial organization, General Inspection Office, and the representative for the Judges Disciplinary Court as “Inspection and Supervision Board of eh Province.
44
45 According to Implementing Regulations of 1380.
46 According to the Directive of 1387 by the Head of the Judiciary.
47 Supplementary report on advancements in prisons.(Annex 2).
48 E/CN.4/2004/3/Add.2.
49 Supplementary report on terms of reference and structure of the High Council for Human Rights is attached. (Annex 3).
50 The Head of the Judiciary as the Chairman of the High Council for Human Rights, and ministers of justice, foreign affairs, interior, Islamic Guidance and Culture, Commander of the Police, and President of Islamic Republic of Iran Broadcasting are among the members of this
51 Central Bar Associating, East Azerbaijan, and Ardabil, Fars and Blusher, Kohkilooyeh and Booyer Ahmad, Khorasan, Isfahan, West Azerbaijan, and Kuridstan, Gilan, Mzandaran and Golestn Ghazvin and Zanjan Kermanshah and Ilam, Khuzestan and Lorestna, and Hamedan.
52 For more information on political and civil rights refer to the recent report of Iran to the Human Rights Committee of the United Nations in 2009.
53 The Law includes the terms o reference and composition of Article 10 Committee.
54 Article 131 of the Labor Code.
55 Article 2.
56 Refer to the latest report of Iran on economic, social and cultural rights for 2009.
57 Refer to the latest periodic report of Iran to Human Rights Committee.
58 Supplementary report on Women’s advancements is attached.(Annex 4).
59 These committees are: Research, Education, Law and Family, Culture, Social and economic Affairs and Employment, International Affairs. Basij and Defense and Figh .
60 Supplementary Report on the rights of minorities is attached ( Annex 5).
61 Seven ethnic communities: Azeri, Kurd, Lor, Arab Speaking, Baluchis, Turkmen and Fars.
62 For additional information refer to the periodic report of Iran to the committee on Economic, Social and Cultural rights of the United Nations.