Tehran, SAEDNEWS: “The mechanism for appointment and renewal of the mandate of the Special Rapporteur on the situation of human rights in Iran is a clear example of the victimization of the rights of the Iranian people in the political interests of a number of States which have accompanied, sponsored and supported the enemies of the Iranian people, as well as the violators of their rights,” Baqeri Kani wrote in his letter to clarify the ambiguous allegations and accusations in the final report of the UN Special Rapporteur to the 46th session of Human Rights Council.
Here is the full text of the Iranian official’s letter for clarification of the ambiguities of the so-called report on human rights situation in Iran,
In the Name of God, the Compassionate, the Merciful
Clarification on the Ambiguous Allegations and Accusations in the Final Report of the Special Rapporteur to the Forty Sixth session of the Human
Rights Council
Introduction:
In the battle of law and politics, it has, always, been the rights that have been the victims of the political interests of extravagant and arrogant powers. The mechanism for appointment and renewal of the mandate of the Special Rapporteur on the situation of human rights in Iran is a clear example of the victimization of the rights of the Iranian people in the political interests of a number of States which have accompanied, sponsored and supported the enemies of the Iranian people, as well as the violators of their rights. In order to demonstrate the goodwill of the country, and its genuine will for interaction and cooperation, a detailed response was provided to the draft report of the Special Rapporteur on the situation of human rights in Iran; and now that the report (A/HRC/ 46/50) has been published, and to point out the realities of human rights in the Islamic Republic of Iran, we would like to describe points about this report.
To paint a black picture of the situation instead of stating the realities!
Despite the fact that according to Resolution A/HRC/RES/43/24, the mission of the Special Rapporteur is, specifically, to: "report on the situation of human rights in the Islamic Republic of Iran", from a logical point of view, this report should consider both positive and negative aspects of the human rights situation, and in addition to reflecting the allegations of human rights violations, cases of protection and promotion of human rights were required to be addressed. Unfortunately, this report, regardless of the correctness or incorrectness of the allegations and accusations contained in it, purposefully focuses on the negative cases and the efforts made and the measures and actions taken by Iran resulting in the promotion of the human rights situation in the country have no place in it.
Identification of terrorists with human rights defenders!
According to Article 3 of the Code of Conduct for Special Procedures Mandateholders of the Human Rights Council (annexed to Resolution 2.5 of the Human Rights Council adopted on 18 June 2007) “Mandate-holders are independent United Nations experts. While discharging their mandate, they shall: (a) Act in an independent capacity, and exercise their functions in accordance with their mandate, through a professional, impartial assessment of facts based on internationally recognized human rights standards, and free from any kind of extraneous influence, incitement, pressure, threat or interference”.
There is much to be regretted that in the report of the Special Rapporteur, the assumption of the allegations made by the sources affiliated with terrorist groups and hostile to the Iranian nation is obvious from two aspects and indicates the mal-intention and biased intents of its editors; first: Repetition of issues and cases which have already been responded in their position and time, and in some cases even several years have passed since their closure (the last part of paragraph 46) and second: raising the completely criminal and security issues under the cover of human rights activists and the characterization of a "security criminal", who has played an effective role in creating chaos in the society and encouraging the destruction and burning of people's property as "media activists", both in the draft report and in the final report, despite the documented and extensive enlightenment of the competent authority in this regard.
Insult to Iranian ethnic groups!
Iranian society is a multi-ethnic society with ancient cultural and religious fusion, and the application of the title of minority to different ethnic groups, each of which is part of the population of this vast country, is inconsistent with this background. Therefore, while emphasizing the high position of ethnicities and their effective position in all national decisions and in all judicial, legislative and executive government departments of the country, it should be noted that it is not in compliance with "justice" that under the cover of the title of defending human rights and the forged title of "ethnic and religious minorities", to call on the "justice" system of the country to discriminate in favor of the criminal who has had a clear role in killing of several innocent people, as a result of which several households were left without their bread winners (of which the victims themselves were members of the same ethnic group), merely because of his affiliation to a particular ethnicity or religion, and does not observe "justice" in issuing the sentence.
Violation of neutrality and goodwill!
Reliance of the Report on the fake information received from some cults and terrorist leaves no room for the "Special Rapporteur to claim neutrality." Also, the prominent role of information received from some organizations affiliated with governments hostile to the Iranian nation, including the British regime, which has a heavy history of crimes against the Iranian people over the past few decades, as well as supporting the enemies of the Iranian nation, especially the former Ba'athist regime in Iraq, the terrorist regime of the United States, the occupying Zionist regime, and the invading Saudi regime have been and continue to be indicative of "lack of good will" by the Special Rapporteur, thus, leaving no room for acceptability of the "Special Rapporteur's claim to independence".
Therefore, since the Draft Report is prepare contrary to the principles, criteria and conditions set out in the Resolutions adopted on June 18, 2007 and its annexes on the " Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council", particularly Article 6 of the Appendix to Resolution 5/2 on "the need to obtain facts through objective and reliable information received from credible sources", the Rapporteur is out of the reporting balanced framework, and consequently, neither he himself can claim "competence" nor his report can have a minimum of "legal validity"; and as a result, this report fails to provide a true and accurate assessment of the human rights situation in Iran.
Accusation or enlightenment!?
The approach of the Special Rapporteur, who, now and then, accuses Iranian courts of violating the rules of procedure, is such that he is afraid of providing a suitable environment for enlightenment and seems unwilling to hear the truth about the allegations and accusations made, and he wishes to make his claims proven and accepted at any cost, even if it undermines and tramples on justice, fairness and impartiality. Pursuant to the provisions of Article 8 (d) and Article 13 (c) of the Annex to Resolution 5/2 of the Human Rights Council (18 June, 2007), “In their information-gathering activities the mandateholders shall (a) give representatives of the concerned State the opportunity of commenting on mandate-holders’ assessment and of responding to the allegations made against this State, and annex the State’s written summary responses to their reports”.
As his practice in previous years, the Special Rapporteur has systematically allocated a very short period of time (a few days) to the main party of the report, the Government of the Islamic Republic of Iran, to verify the allegations and accusations and provide a documented and reasoned replies. That has been happening while those formative flaws of the report, which have seriously and negatively affected the citation, reasoning and robustness of the report, and have, actually, seriously challenged the accuracy of its content, have ignored many of the responses already provided by the Government of the Islamic Republic of Iran, which are not included and taken into account in the final report; and it has, practically, provided the conditions to legitimize, unfairly and unjustly, the allegations and accusations fabricated by terrorists and enemies. Undoubtedly, this one-sided approach has tarnished the position, prestige and credibility of the United Nations and its mandateholder, rather than presenting an unrealistic picture of the human rights situation in Iran.
How is it possible for a JOINT URGENT APPEAL to have a 60-day deadline to respond to a case against one single person, but for a report, with this amount of information, on a variety of topics including dozens of files in the text and hundreds of footnotes, many of which are time consuming and need to be examined by the relevant legal authorities, only a few days to be allocated?
Explicit violation of the Code of Conduct for Special Procedures Mandateholders through refraining from reflecting the views and comments of the Islamic Republic of Iran!
Pursuant to paragraph (d) of Article 8 of the Annex to Resolution 5/2, the Special Rapporteur was required to attach a written summary of the country's responses and comments to his report; but, in practice, this legal requirement was violated, the very fact which distorts the impartiality of the Rapporteur. In addition, and more regrettably, wherever the Special Rapporteur wishes to cite the official views and comments of the Iranian side, he has mentioned them at the end of the relevant paragraph and under the title of "claim or statement of the Islamic Republic of Iran". In other words, the unsubstantiated allegations and accusations of terrorist groups and enemies of the Iranian nation are legitimized by the Special Rapporteur and they constitute the main text of the report and the basis for his conclusion and recommendations; and in practice, by prejudice, he has demonstrated his previous intention to justify the allegations and accusations of terrorist groups affiliated with governments hostile to the Iranian nation, and, practically, proved his lack "neutrality." It goes without saying that making a number of minor corrections and removing a few false allegations in the final report, cannot overshadow the large volume of errors and flaws, in form and content of the report, particularly the elimination of the names of violators of the rights of the Iranian people.
Another point to consider is how the Special Rapporteur requests additional complementary information to establish his views on the assassination of Martyred Dr. Fakhrizadeh, an act of terrorism which is an obvious and undeniable fact in the doctrine, policy and action of the Zionist regime to prevent the Islamic Republic of Iran from gaining access to scientific technologies including the nuclear technology; but, as for the cases and issues which fall within the jurisdiction of the Judicial authorities of the country who are the only source and authority that are worthy of expressing the various aspects and dimensions of the cases, no such request is made and finally the allegations and news of hostile news sources assumed in the final report!
Ignoring the widespread violations of the rights of the Iranian people!
A balanced and impartial description and review of the human rights situation in the Islamic Republic of Iran requires balanced attention to all its dimensions and aspects. An example of an unbalanced approach to the human rights situation in Iran is the allocation of only 6 paragraphs (paragraphs 30 to 35) to socio-economic rights (impact of the economic crisis and sanctions) out of a total of 65 paragraphs of the report. This happens while according to the public opinion, the main concern of the Iranian people, in the current situation, is economic issues, which are mainly inflicted by the cruel sanctions of the United States and its Western allies. This approach raises the suspicion that terrorist groups and the groups affiliated with the governments hostile to the Iranian nation have had a significant role to play in shaping the axes and setting the subjects of the report of the Special Rapporteur. In fact, the Special Rapporteur has, practically, turned into a complementary ring in the chain of oppressive pressures and cruel sanctions of the United States and its Western allies against the Iranian people.
Ignoring the "responsibility" of the perpetrators of unilateral coercive measures!
The recent report, while talking about the accountability of human rights offenders and violators, nowhere refers to the illegal, oppressive and criminal sanctions of the US regime and its destructive, damaging and deadly effects and consequences, as well as the US regime's international accountability for "violating of jus cogens" and "punishing" all Iranians by imposing "indiscriminating sanctions", is not mentioned. As a result of threatening the lives and property of individuals through sanctions that affect all areas of the economy, oil and gas, industry, agriculture, science and research, air and sea transport, construction, metals, finance and even banking, food, medicine, medical equipment and other humanitarian issues, have no place in the human rights logic of the Special Rapporteur on the situation of human rights, and, in practice, with this approach of the Special Rapporteur, the definite Decision of the United Nations (International Court of Justice) of 2018, on complete lifting of sanctions affecting human rights, was completely trampled by an official appointed by a subsidiary organ of the United Nations.
Ignoring the literature, findings and documents of the United Nations system!
The use of the word "sanction" and the lack of use of terms in the Human Rights Council literature, i.e. Unilateral Coercive Measures (UCM), is another aspect of the Special Rapporteur's biased attitude in the recent report. On the other hand, the absolute indifference to the findings and documents of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, who in her recent report addressed a number of cases of the effects and consequences of the US regime's illegal, oppressive and criminal sanctions against the Iranian nation, including the cases mentioned hereunder, is another clear evidence of the dominance of a political approach over the human rights and impartiality nature of the Special Rapporteur's report;
Preventing Iran from using zoom software even during the Covid-19 outbreak,
Preventing Iran from using loans from the World Bank even during the Covid-19 outbreak,
Sanctions on Iran's oil tankers,
Sanction on drug imports,
Sanction of pharmaceutical equipment,
Sanction of anesthesia equipment,
Sanction on respiratory equipment,
Sanction on ophthalmic equipment,
Sanction of heart disease equipment,
Sanction on endoscopic equipment,
Sanction on CT scan equipment,
Sanction on dialysis machines,
Sanction on kidney transplant tools,
Sanction of medical equipment and diabetes control,
Sanction on digital radiology equipment,
Sanction of electroshock equipment,
Sanction on laryngeal examination instruments,
Sanction on ultrasound equipment,
Sanction on laboratory equipment,
Sanction on special medical dressings,
The negative impact of sanctions on the performance of hospitals during the Covid-19 outbreak,
Sanctioning of all companies that interact with the “Instex Mechanis”.
It is also worth noting that the oppressive sanctions against the Iranian nation, which have been carried out in accompany with Western countries that sponsored the appointment of the rapporteur, have left heavy financial losses and many physical and psychological consequences, and some of its financial and human consequences are brought up in the report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, as follows:
Lack of access by doctors to scientific information on the Corona virus.
Depriving many Iranians of the right to study in universities around the world,
Death of patients with chronic diseases due to limited access to treatment,
Psychological harassment of patients due to lack of access to medicine,
The negative impact of sanctions on foreign nationals residing in Iran, especially Afghans,
Violation of the rights of Iranian children by sanctions,
Violation of the rights of Iranian women by sanctions,
Violation of millions of immigrants' rights by sanctions,
Violation of the right to food due to sanctions,
Violation of the rights of Iranian citizens through sanctions against natural and legal persons.
As an instance for the proverb which reads "No matter how sharp it is, a knife will never cut its own handle ", the Special Rapporteur has refused to comment on the crimes of the countries which he hopes that they will renew his mandate again.
Silence in the face of the biggest cause of violation of the rights of the Iranian nation!
In addition, despite the impudent open stance of the US officials and their emphasis on preventing the Islamic Republic of Iran from accessing the financial resources needed to meet the basic needs of the Iranian people, the blatant acknowledgment of the damaging effects of these sanctions on the employment and livelihood of the Iranian people, and acknowledging the attempt to strike at the Iranian people, there is much to be regretted that the Final Report of the Special Rapporteur passes by this heinous crime against humanity with indifference and silence, and makes no reference to the US crimes and the damages inflicted on the Iranian people. In this context, it is appropriate to mention some of the allegations and confessions of US officials:
"We have succeeded in raising the costs for Iran... The sanctions we have imposed are the most severe penalties ... Iran’s oil exports are down by more than 2 million barrels per day, reducing Iran’s revenue from oil by more than 80 percent. This amounts to a loss of around
$50 billion annually. Iran is also facing a banking crisis with roughly half of all bank loans in arrears. More than one in four young Iranians is jobless. Inflation is at 40 percent." (Brian Hook, US Secretary of State Special Representative for Iran, January 17, 2020)[1].
"Using any means, we have taken a comprehensive approach to exerting maximum economic pressure ... against Iran. The president re-imposed sanctions on the largest revenue-generating sectors of the Iranian economy, including energy, finance, transportation, precious metals, aviation and automobiles. We have added more than 1,000 individuals, entities, aircraft and ships to our sanctions list ... We have increased this economic pressure by targeting Iran's most profitable institutions, the most important of which is oil sector ... We have boycotted the largest petrochemical holding group in Iran, the Persian Gulf Petrochemical Company. This company, together with its designated subsidiaries, controls 40% of Iran's total petrochemical production capacity and is responsible for 50% of Iran's total petrochemical exports ... From late April, 2018, Iran's total trade volume has declined significantly, including its oil exports, which have declined significantly in recent months." (Sigal Mandelker, US Deputy Secretary of the Treasury for Terrorism and Financial Intelligence, July 31, 2019)[2].
"Iran's economy shrank by about 5 percent last year and is likely to shrink by more than 10 percent this year. We estimate that Iran's economy could contract by up to 14 percent, plunging Iran into a deep collapse." (Brian Hook, US Secretary of State Special Representative for Iran, October 11, 2019)[3].
"Our sanctions against the Iranian oil sector, which have been in place since May, have brought Iran's oil exports to a level not seen since the start of the Iran-Iraq war in 1980. Iran's oil exports have decreased by more than two million barrels per day, which means a reduction of more than 80% in Iran's oil revenues. That figure costs more than $ 30 billion a year. Taking into account the other losses, this amounts to a loss of around $50 billion annually since May 2018 ... Our sanctions restrict investment in Iran's oil and gas sector, which shall have a more lasting and broader impact compared to an immediate loss of revenue from reduced exports. Upstream and downstream investments in Iran's oil and gas sector have stalled. Foreign investors are almost completely out of Iran and billions of dollars of capital have been lost ... Over time, Iran will not be able to make the investment needed to sustain long-term energy production ... Decrease in energy exports has had profound secondary effects in three main areas: Iran's economic growth, the regime's annual budget, and its access to foreign currency.
First: economic growth; Last year, Iran's economy contracted by about five percent ... This is the sharpest one-year decline in more than 30 years. Some analysts have predicted an even stronger contraction, possibly 12 to 14 percent. This will put the economy on the brink of recession. Inflation has also risen to 40 percent, which significantly affects the prices of basic household goods. The downward trend in economic growth has had significant effects.
Second: annual budget; The unprecedented pressure on Iran's budget is the major impact of declining exports. As a result of the huge loss of oil revenues, it is almost impossible for the regime to run a credible budget. Oil export revenues typically account for at least 30 percent of Iran's total revenue. Our sanctions bring this figure closer to zero.
Third: Foreign currency: The reduction of the Iranian regime's access to foreign currency is the main effect of oil exports reduction. The regime is currently working to obtain the foreign currency needed for imports, including machinery, industrial inputs and consumer goods. Prior to the re-imposition of sanctions, about 50 percent of Iran's foreign exchange earnings relied on oil exports. Most of it came from refined petrochemicals, metals and petroleum products. All of these exports are now subject to sanctions.
In short, Iran's exports are declining, the economy is in deep recession, the government budget is facing unprecedented pressures that it cannot overcome, and access to foreign reserves is minimal." (Brian Hook, US Secretary of State Special Representative for Iran, December 12, 2019)[4].
5. "Finally, the world saw that our economic pressure was applied to cut about 80 percent of Iran's oil revenues, and we are determined to cut the last 20 percent. As President Rouhani, himself, said, as a result of sanctions, Iran has lost about $ 200 billion in foreign revenue and investment." (Mike Pompeo, January 13, 2020)[5].
[6]. "Iran's exports have declined…, they are facing a massive economic contraction ... their access to foreign exchange reserves has been minimized, the government budget has been reduced ... we could not shut down Iran's oil exports as long as we were in the agreement on Iran's nuclear program.”. But in a very short period of time, we collapsed the Iranian oil sector. When we withdrew from the deal in May 2018, Iran was exporting about two and a half million barrels of oil per day. Reuters recently showed that Iran's exports for April were only 70,000 barrels per day ... What we have done in economic aspects is unprecedented in the forty-one-year history of the Islamic Republic." (Brian Hook, US Secretary of State Special Representative for Iran, June 16, 2020)6.
"We shall continue to exert maximum pressure. Heavy sanctions are difficult for nations ... We are making it as difficult as possible for them to violate these sanctions" (Mike Pompeo, US Secretary of State). July 15, 2020)[7].
"Now, with the sanctions we have imposed, we have reduced the revenue of the Islamic Republic of Iran by more than $ 200 billion." (Mike Pompeo, US Secretary of State, August 19, 2020)[8].
"The US sanctions against Iran have been effective ... I believe we have been very successful. We will continue to enforce the sanctions." (US Secretary of State Mike Pompeo, August 20, 2020)[9].
"We have collapsed Iran's oil sector." (Brian Hook, US Secretary of State Special Representative for Iran, August 21, 2020)[10].
There is now a logical question as to why the Special Rapporteur has remained silent in the face of the "persistent and gross violation" of the rights of the Iranian people by the US regime and some European governments?
Ignoring the harmful effects of unilateral coercive measures!
Surprisingly, there is no trace, in the Report, of the death of dozens of innocent children and hundreds of innocent patients who lost their lives as a consequence of their difficulty to access medicine and medical equipment resulting from the implementation and enforcement of cruel, illegal and criminal sanctions by the US regime, which constitutes an blatant and utter violation of the "right to life" "and the" right to health "of thousands of Iranian citizens. Apparently from the point of view of the author of this report, children and patients affected by the sanctions are not considered, at all, as human beings, so that a small portion of the report to be devoted to expressing the violation of their most obvious, fundamental and unquestionable rights, i.e. the "right to life" and the "right to health". However, according to the head of the Center for Disease Control and Treatment of the Ministry of Health, Treatment and Medical Education of Iran, the cruel and illegal US sanctions have posed a serious death threat to the lives of many patients with MPS؛ and according to the CEO of the Iranian Thalassemia Association, since 2018 a large number of thalassemia patients lost their lives as a result of sanctions and the lack of medicine; and according to the former president of the Iranian Hemophilia Association, the US sanctions caused disability of hundreds of patients; and according to the head of the Iranian Epidermolysis Bullosa House, 20 innocent butterfly disease children (EB) have lost their lives due to lack of access to medicine and the needed dressings.
Accompanying the violation of the "right to life" and "right to health" of the Iranian nation!
This question has occupied the minds of all fair and impartial observers as to how a significant part of the Special Rapporteur's report is devoted to an allegation by a terrorist group or hostile to the Iranian people about the situation of one or more individuals whose rights have been protected and the necessary response on their case, has been already provided , but this report has not made the slightest reference to the issue which has affected the people of Iran, regardless of race, color, gender, religion, belief, political affiliation, social background, financial status, wealth and place of birth, and it has even affected those who the Special Rapporteur claims to be following up their situation.
It is fortunate that the situation of a prisoner in Iran is so important to the Special Rapporteur that he devotes a paragraph (paragraph 12) of his 65-paragraph report to it, but what is not comprehendible is that, in this very report which is claimed to be in connection with "human rights", it does not attach any value to human lives, on a large scale, and in relation to innocent people. Failure of the report to refer to the death of dozens of innocent children and hundreds of innocent patients who lost their lives as a consequence of their difficulty to access medicine and medical equipment resulting from the implementation and enforcement of cruel, illegal and criminal sanctions by the US regime, which constitutes an blatant and utter violation of the "right to life" "and the" right to health "of thousands of Iranian citizens, may not and cannot be vindicated and justified, except that, apparently from the point of view of the author of this report, children and patients affected by the sanctions are not considered, at all, as human beings, so that a small portion of the report to be devoted to expressing the violation of their most obvious, fundamental and unquestionable rights, i.e. the "right to life" and the "right to health". This reflects the politicized approach of the Rapporteur and his defined mission to convey the allegations and accusations of terrorist groups and dissidents of the Iranian nation.
Neglecting one of the most serious crimes of the century!
Referring to the General Comment No. 36 of the Human Rights Committee, the Special Rapporteur (in paragraph 5 of the report), considers the most serious crimes to be crimes which ends up in premeditated murder. The question remains whether the death dealers, who take the lives of thousands of people each year and make thousands of families homeless, have a place in the committee's definition or not.
Did the Special Rapporteur pay attention to the fact that the monster of drug addiction and the heavy material and spiritual damages of this devastating scourge have been so important, not only for Iran but also for the international community, that one day of the year (June 26) is named as the International Day against Drug Abuse and Illicit Trafficking?
Although the Rapporteur calls into question, qualitatively and quantitively, some punishments in Iran, it pays no attention to Iran's geopolitical position as a transit route for much of the world's narcotics toward the West, especially to Europe. Iran's location in the neighborhood of the world's largest traditional producer of narcotics, has made the planning to combat drug trafficking of strategic importance for our country. According to the United Nations Office on Drugs and Crime (UNODC), more than 80 percent of the world's drug discoveries belong to the Islamic Republic of Iran. Iran, as the UNODC's main policy and program partner in West Asia, and because of its tremendous efforts, has been repeatedly branded, by the Office’s executives as the flag bearer of the international fight against narcotics.
The discovery and seizure of more than 950 tons of narcotics and psychotropic substances during the past year, which has increased by 20%, compared to the previous year, has set a new and unprecedented record and achievement for the Islamic Republic of Iran, throughout the history of the Iranian fight against drug trafficking. But the unfortunate point is that since the United States and its NATO allies established a direct military presence in Afghanistan, narcotics production in Afghanistan has increased dramatically, from about 200 tons in 2001 to more than 9000 tons in the current situation. In other words, in front of the eyes of thousands of US and Western troops, narcotics production in Afghanistan has increased more than 45-fold; meaning that the Islamic Republic of Iran is facing two problems in the fight against drug trafficking the root causes of both of which are the United States and its Western allies (the sponsors and co-sponsors of the Resolution). The first problem is the unbelievable increase in the volume of narcotics production in a territory where the US armed forces and other NATO members are present. The other problem is the prevention of these countries from Iran's access to military and non-military anti-narcotics equipment for its fight against drug trafficking, through the imposition and implementation of cruel and illegal sanctions, which, due to lack of access to these facilities, the Iranian nation has been suffering extensively from the irreparable spiritual and material costs, including the martyrdom of more than 4,000 people and the disability of more than 12,000 military and law enforcement personnel.
Despite the damages and costs that drug trafficking imposes on upholding preservation of "life" and "health" of not only the people of Iran but of people all people over the world, there is no doubt that this heinous crime is a clear and apparent example of "the most serious crimes"; and the necessity to fight this ominous phenomenon has been of strategic importance for the Islamic Republic of Iran.
Human Rights or Blackmail!?
Politicization in the Special Rapporteur's report has gone to the extent as to violate and trample even the most obvious and basic legal and judicial principles, such as the "principle of equality of persons before the law" and the "principle of non-discrimination between individuals", and one of its topics is devoted to "dual nationals". In other words, the Special Rapporteur's action, which is a clear example of nationality-based discrimination, means that having the citizenship of a Western country gives that person more rights than others. While dual citizenship is not justified from the point of view of the laws of the Islamic Republic of Iran, having the citizenship of another country does not lead to more privileges and is not a reason for ignorance of his/her rights.
Ignoring the demands of the people: Following the assassination of the greatest defender of the rights of nations in the region!
The deliberate disregard of the Rapporteur, on the biggest human rights issue in Iran and the region in 2020, leaves no room for defending its impartiality and fairness. The assassination of the greatest defender of the rights of the nations of the region and the most powerful commander in the fight against terrorism, Major General Qassem Soleimani, which, according to the report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions to the 45th session of the Human Rights Council, violated the main principles of subject areas of the international law, namely the law of resort to force, international humanitarian law and international human rights law, was deliberately ignored. This crime had such an impact on the Iranian nation that tens of millions of Iranians across the country came to streets within a week and mourned for the greatest savior of the people of the region, including Sunni and Shi’ite Muslims and followers of other religions Christians. The absence of this greatest human rights phenomenon of Iran in the Special Rapporteur's report leaves no doubt in lack of comprehensiveness and selectivity of the report, in favor of the violators of the rights of the Iranian nation.
Woman, the Essence of Creation and the Center of Human Excellence
The view of the Islamic Republic of Iran on women's rights is based on the teachings of Islam, and, accordingly, it has made every effort to uphold women's rights in this context. The Islamic Republic of Iran has constantly taken note of the unsuccessful experience of the West under the name of protecting women's rights which has led to disintegration of the family system, turning women into instruments of men's pleasure and an object to be abused in commercial advertisements, in the birth of illegitimate and unparented children, violence and rape at home and at work, even at high political hierarchy enjoying impunity, and so forth and so on. The failed experience of the West is the result of separation from the Divine Revelation and teachings, and reliance on contractual agreements regardless of the differences and needs and natural rights of men and women.
The Special Rapporteur has spoken of the lack of a definition of "the Islamic criteria" regarding the provision of women's rights leading to non-observance of women's dignity in the Iranian law, while has neglected the fact that the Constitution of the Islamic Republic of Iran, as the highest legal document, has well described the foundations of women's human rights and the ordinary laws of the country have clarified it in the context of the nation’s rights. In the preamble of the Constitution, the view of Islam toward gender justice is prescribed and provided as follows: Firstly, through an approach based on gender justice, it reiterates that since women have suffered more oppression from the non-Islamic system, so, in the Islamic system, exhaustion of remedies for their lost rights shall be more observed in comparison with men; and, secondly, from a family-oriented point of view, it emphasizes that women are no longer objects or instrument of work and business, and while regaining the serious, valuable and burdensome task of "motherhood", they are active and combatants, shoulder by shoulder with men, in various fields, and as a result, they have accepted more serious responsibilities, and in the " "Islamic perspective" they enjoy "higher value and dignity." On the other hand, the phrase "the Islamic criteria" stipulated in Articles 20 and 21 of the Constitution is clearly illustrated in ordinary laws, and in this particular case, Article 2 of the Law on "Protection of Women's Rights and Responsibilities in Domestic and International Arenas, approved in 2006", citing the mentioned principles, has identified a wide range of women's rights in its paragraph 148. Therefore, contrary to the claim, both "the Islamic criteria" are clearly described in the laws, and in many cases, positive permissible discrimination in favor of women, is taken into account.
Combating Discrimination against Women or Promoting Moral Promiscuity?!
Conceptualization and development of the realm of obligations by some institutions overseeing international treaties, beyond the scope and rationale of those international instruments, has always been objected by the Government of the Islamic Republic of Iran and, of course, by many Islamic countries, especially in matters that violate ethics and dignity, and are caused by immoderation and sexual promiscuity; and such creeping and gradual actions in line with Western hegemonic thought have been closely monitored.
Given the importance of the foundation of family in Islam and the definition of sexual relations within the context of marriage between man and woman, and the lack of recognition of homosexuality in human relations, it is evident that the Government of the Islamic Republic of Iran regulates its legal system and laws and regulations accordingly, and shall, legally, deal with acts contrary to the social norms and moral values of the society. However, this position does not apply to people who suffer from sexual dysfunction due to physical and biological disorders, and suffer, unintentionally and without will, from gender disorder; and those people always enjoy the necessary legal support for treatment within the family and in the community, based on the individual’s consent.
Gender justice, guarantees the rights of men and women
From the point of view of Islamic teachings, "the right to equality" will not be realized without considering the concept of "justice", and, basically, in the matter of equality, equalness will make sense under equal conditions, and the monopoly of the subject in the context of "gender equality" will not go anywhere. In the Islamic thought, human rights cannot be considered apart from innate and natural human rights. Although men and women are equal in human value and dignity, but they are different in physical, as well as in various emotional, spiritual, mental and behavioral dimensions. In Islam, based on the creative differences of men and women, there are different expectations from them. Those expectations shape a special legal order consisting of different rights and obligations, particularly in the realm of marriage and family formation.
On this very basis, in the view point of the Islamic Republic of Iran, the idea of
"gender justice" is superior to "gender equality", because it provides the possibility of "privilege and discrimination" in favor of women, and special legal institutions such as dowry, alimony, retribution, welfare, the “rule of halving” are among the legal institutions which are specifically stipulated and designed for the system of women's rights in Islam and in favor of women. The idea of gender justice in the form of Islamic rules and regulations and legal institutions, has been in the interest of women, because women are vulnerable; and for the same reason that it is specifically protected by conventions and international human rights law as well as humanitarian law, practical solutions are also introduced and stipulated in the Islamic rules and regulations in order to provide more support and administer justice. However, any action that takes steps beyond these guarantees will be taken into consideration.
Sexual violence is the product of illicit relationships outside the context of marriage
There is no doubt that one of the main reasons behind committing violence, especially sexual violence against women, is illegitimate relationships outside of framework marriage. The Islamic Republic of Iran believes that legalizing sexual relations and outlawing relationships outside of marriage prevents women and girls from entering into harmful and dangerous relationships.
Surprisingly, despite the acknowledgment of the relevant international institutions that sexual partners of women and girls, outside the framework of marriage, have been the most important elements and perpetrators of sexual violence against them, the need to recognize illicit sex is still emphasized by those institution. This is the most important conflict and gap in the international human rights system, because the physical and psychological vulnerability of women and girls in unleased and illicit sex is certainly not in line with the principle of prohibition of violence against women and it has had no congruity with their right to sexual health and fertility.
The report's dual and conflicting approach is, again, revealed where it recognizes marriage under the age of 18 a cause of domestic violence, but on the other hand, it turns a blind eye toward the harms and disorders resulting from illicit and out-of-wedlock sexual relations for this group of people.
Although early marriage is a rare phenomenon in some parts of the country, in terms of cultural and climatic conditions and physiological differences in physical and mental maturity, but it should be noted that according to available statistics, the average age of marriage in Iran 27 years of age, for men, and 25 for Women, and cultural efforts have been made to lead to the optimal management of the age of marriage.
Ignoring achievements!
"Impartiality", "Independence", "Fairness" and "Justice" of Special Rapporteur requires that his report on the human rights situation in Iran, along with reflecting the allegations and accusations of terrorist groups and the hostile groups acting against the Iranian people, to, also, take a look at the realities of human rights in Iran and to provide measures and actions which would lay the groundwork or lead to the protection of human rights, as well as the establishment and creation of mechanisms and structures to improve the human rights situation. But, with great regret and to our surprise, the Final Report turns a blind eye to human rights realities of the Iran. For instance, there is no trace, in the Report, of the allocation of more than one-third of the instructions, directives and circulars issued by the Head of the Judiciary of the Islamic Republic of Iran to the subject of human rights, including the "Instructions for the Protection of Dignity and Human values in the Judiciary”
(July 2019) or “Judicial Security Document” (October 2020). In the Report, there is no reference made and no share devoted to the special financial assistance and humanitarian services of the Government of the Islamic Republic of Iran and the extensive efforts of military and public institutions to reduce the economic and livelihood damages caused by the outbreak of Corona virus. Although, the Judiciary is inherently concerned with people and their rights, and any defect in its mechanisms may lead to the violation of the rights of people, and thus, bring about their dissatisfaction with the judicial mechanisms, but we can state, with pride, that during the recent period of the Judicial management in the Islamic Republic of Iran, especially during the period of preparation of the Special Rapporteur’s report, public satisfaction with the functioning of the Judiciary has increased, based on credible and scientific polls, by up to 70%, which is the best evidence of the innate compliance of the Islamic Republic of Iran with the indicators and criteria of protection of the rights of people. But there is much to be regretted that the Final Report has, completely, turned, a blind eye to this human rights fact and has remained committed to the false and fabricated information provided by Terrorist groups and by the hostile groups acting against the Iranian nation. Another important point that is never taken into account in such reports is the legitimacy and acceptability of Islamic laws among majority of the Iranian in the country, and the point is that their main demand from the authorities is the correct implementation of these laws based on the Islamic rules.
The firm religious faith and belief, strong cultural infrastructure, solid legal frameworks and deep-rooted social practices, as well as a religious belief and look in human rights and its protection, are the main pillars of individual, social and governance lifestyles in the Islamic Republic of Iran; to the extent that, during the spread of the Corona virus and while the sanctions imposed by the countries claiming defense of human rights had denied the access of the Iranian nations to the equipment preventing spread of Corona virus and combating against it, the Islamic Republic of Iran generously provided the necessary tools to the countries which have played and still have an effective role in sanctioning the Iranian nation, even in medicine and treatment fields. On this basis, a review of human rights achievements in Iran can provide a good basis for a realistic understanding of the human rights situation in the Islamic Republic of Iran:
In the field of women’s rights: Increase in the employment rate and participation of more than 40% of women in the country's economy and holding senior management positions, including as Vice-President, member of the Islamic Consultative Assembly (Parliament), ambassador, judge, governor, mayor, and contrary to the claims of the Rapporteur, extensive participation in sports competitions and winning numerous international titles in this field and other scientific, industrial and cultural fields.
In the field of the right to health: Establishment and development of 19,000 rural healthhouses and 7,000 comprehensive health centers, the implementation of the "Health System Transformation Plan" and ensuring public access to health services and thus reducing the newborn infant mortality per thousand cases to 8.9 and out of every thousand pregnant mothers to less than 2 people and gaining 18th rank in the field of low mortality rate due to liver cancer, to the 10th rank in the field of low cervical cancer and ...;
In the field of poverty eradication: Monthly payment of cash subsidies to low-income families and introduction of arrangements for the implementation of subsidies plan for the purchase of basic goods, for 60 million people, poverty alleviation and development of rural and low-income areas;
In the field of the right of access to safe drinking water: Providing 95% of the country's population with access to safe and hygienic drinking water and 88% to sanitary sewage systems;
In the field of the right to access to adequate food: Reduction of the deaths caused by malnutrition, to 0.25 per 100,000 people, which in comparison to the global average (3.3), the United States (0.69) and Turkey (0. 54) stands at a higher position;
In the field of the rights of migrants and refugees: Hosting more than two million migrants and citizens of Afghanistan, Iraq and other countries; free education of about 500,000 Afghan students in Iranian schools, about 138,000 of whom are illegal-unregistered migrants requiring education, on the decree of the Supreme Leader; free education for 17,000 Afghan students at the undergraduate, graduate and doctoral levels in universities across Iran; Empowerment and job creation for more than a thousand refugee women heads of households; free health insurance coverage for more than 100,000 vulnerable and lowincome people in the refugee community; health insurance coverage for all refugee children with disabilities, in cooperation with the Office of the United Nations High Commissioner for Refugees (UNHCR);
In the field of the rights of Minorities: Active participation of minority groups in all political, social, economic and cultural sections of the country, including the right to participate in elections and be elected (having a fixed quota in the Islamic Consultative Assembly).
In the field of the freedom of expression: Approval of the law on political offence (investigation of political offences in the presence of a jury) and its implementation after the announcement of its bylaws by the Head of the Judiciary.
In the field of access to education: Increase in the literacy rate up to 96% and introduction of Iran as standing in the fifth rank in the world in terms of increasing graduates in the fields of science, technology, engineering and mathematics;
In the field of access to information: Providing internet access to 42 million people and achieving the rank of 17 in the world;
In the field of the freedom of press and media: Activities of over 150 foreign media outlets in the country, including the BBC English and Arabic, and 310 active journalists of foreign media;
In the field of the right to fair trial: Introduction of a change in the judicial system of the country, especially within the framework of the law of “the Sixth Development Plan”, increasing accuracy and speed in providing judicial services, creating equal opportunities for access to judicial services for individuals, crime prevention and reducing the criminal population, increasing dispute settlements through arbitration and the establishment and development of arbitration bodies, the establishment of an advanced inspection system to detect failures by judges and judicial staff;
In the field of prisoners’ rights and institutionalization of justice: Improving the situation of prisons, developing the necessary infrastructure in cooperation with nongovernmental and public organizations, helping to reduce the number of criminals by ten percent, annually, through the new penal institutions such as "suspension of prosecution" or "suspension of punishment enforcement", "postponement of verdict issuance" , "parole" and "alternatives to imprisonment", the adoption of a recent law reducing the sentence of Ta’ziri imprisonment or the issuance of the judiciary circular, by the Head of the Judiciary, on the fight against Corona virus, which resulted in temporary leave for more than 120,000 prisoners; amnesty and mitigation of punishments of about twelve thousand people through applying Islamic affection and within the framework of legal regulations from the beginning of 2020 to the date, and a 70% satisfaction of people with the Judiciary for its fight against corruption, according to the standard and authentic survey;
In the field of supporting the families of prisoners: Supporting the families of prisoners through counseling and guidance, obtaining the consent of plaintiffs, cash and non-cash supports, granting occupational and vocational training facilities, introduction to support organizations and institutions; cultural, sports and educational activities and judicial followups.
In the field of protection of people’s human dignity: Dedicating more than one third of instructions, circulars and regulations issued by the Head of the Judiciary to issues related to human rights and human dignity, including the "Instructions on the Protection of Human Dignity and Values in the Judiciary" and "Judicial Security Document".
Those are only a part of the protection and promotion measures of the Islamic Republic of Iran in the field of human rights within the framework of the Constitution and ordinary laws that are compatible with international human rights law.
Now this question arises that which States, regardless of any politicized approach, truly deserve special human rights oversight?
A government which has severed its ties with pro-apartheid countries such as the former apartheid regime in South Africa or the Zionist regime because of their human rights abuses, and has paid for its protection of oppressed nations;
A government that has put the utmost effort to protect the rights of the people at the forefront of fulfilling its obligations, even in the face of the dire outbreak of the Coronavirus and the expansion of the unlawful and cruel unilateral sanctions,
A government which in the course of the past four decades, by holding more than 40 free elections, has proved its commitment to the people's vote and will, in practice, even in the most difficult conditions of war and the most severe attacks by organized terrorist groups,
A government that, according to statistics, has always sought to improve the situation of women, children, elders and all other vulnerable people,
A government that has been tolerant and patient with Western countries which sold chemical weapons to the dictator of Baghdad and prevented the UN Security Council to play its deterrent role in stopping the use of mass-destruction weapons, or
A government that has endangered the lives of thousands of Iranian citizens or deprived them of their right to life, by enforcing unilateral and comprehensive sanctions and extending sanctions on food and medicine, or
A government that has provided weapons of mass destruction to the aggressors and occupiers of Iran, or
A government that has sold both chemical weapons to Saddam and prevented the Security Council from taking action to prevent the continued use of those weapons?!!
No background of the legal foundations as well as the will of nations, and making advice to countries?!
Provision of any advice to nations with no background and mastering in the legal principles and aspirations of nations, as well as pushing for the adoption of human rights conventions without respect for the right to self-determination as well as culture of nations, does not correspond with the Special Rapporteur’s title as the advocate of human rights. The legislative system in the Islamic Republic of Iran is based on the will of the nation to accept the commands of God, which surrounds all aspects of human life, and it plans for his wellbeing, and, therefore, making any advice without mastering this system, which has internal coherence and rational philosophy and cultural background, will be inapposite. This does not mean recognizing cultural relativism, but rather a proper interpretation of the 1993 Vienna Declaration and Action Plan on Cultural Diversity. The Islamic Republic of Iran believes that many of the titles of human rights contained in human rights conventions have a universal aspect due to the unity of human nature as a Divine deposit as well as the several thousand years of teachings of Prophets, and if there are difference, it is over some examples and instances. There is no conscience that does not believe in the need to adhere to the right to life, the right to choose, the prohibition of torture, the prohibition of discrimination, fair trial, freedom of expression and criticism of officials (commanding the good and forbidding the bad of officials). Certainly, if human rights organizations and Mandate holders focused on preventing violations of the right that everyone agrees on, such as the killing of innocent children and women or the imposition of hunger and sufferings by weapons of war or weapons of sanctions rather than addressing instances of dispute that require academic and scientific dialogue, and prioritized them, certainly, many of the countries hiding behind their claim on defending human rights would be among the first row of countries whose human rights situation requires to be monitored; and, today, we would have a better world. The lack of attention to this view has led the Special Rapporteur not to condemn the cruel sanctions against the Iranian nation or the assassination of nuclear scientists; and instead of supporting the Iranian population of 80 million, to seek, with a discriminatory approach, the situation of a few number of defendants with Western citizenship. The Islamic Republic of Iran has also made significant and unparalleled progress in the protection of human rights in the world and has incurred enormous human and financial costs and losses; combating racial discrimination in the international arena, combating gangs of international drug trafficking, hosting large numbers of immigrants, providing health services to prisoners, etc., are but just a small portion of the efforts made by Iran, all in the light of policy-making and legislation based on an Islamic-human perspective. Therefore, the Special Rapporteur is highly expected that while reflecting these achievements, to respect the legal frameworks arising from the will of the nation.
Concluding remarks:
While emphasizing the strong will of the Islamic Republic of Iran for equal and constructive cooperation and interaction in the field of human rights, we would like to declare:
The instrumental, politicized, unfair, unjust and unprofessional use of human rights concepts and issues not only does not open a knot and does not solve the problems of human beings, but also it downgrades human rights into a lever for advancing the illegitimate goals of superpowers.
Based on the reasons and evidences set out, it can be conclusively testified that the Special
Rapporteur's report is a clear violation of the provisions stipulated in Resolutions 5/1 and 5/2 of the Human Rights Council (18 June, 2007) and its annexes, and, openly has trampled three main requirements for Rapporteurs, namely "neutrality", "independence" and "fairness", and therefore has been unable to meet the three central conditions of "good will", "honesty" and "professionalism", and, consequently lacks the three basic conditions of "justice", "merit" and "efficiency". Such a report, therefore, cannot have "admissibility" and "legitimacy".
The countries that, themselves, violate the rights of other nations cannot sit in the position of plaintiffs or judges of the human rights situation in those countries, but they must in the position of the accused and be held accountable for their crimes in gross violation of human rights against. For this purpose, it suffices to take a look at the actions of the governments claiming to advocate human rights towards the people of Iran and other nations in the region, to learn more about the harmful effects of the cruel unilateral actions of the United States and its ally countries who have had the highest number of human rights allegations and attacks against the Islamic Republic of Iran. Violation of the rights of the Iranian people through the imposition or implementation of oppressive, cruel, illegal and criminal sanctions, violation of the rights of the Yemeni people through the sale of advanced weapons to the Saudi regime, assassination of scientific and research figures of Iran and violation of the legitimate rights of the Palestinian people through strategic cooperation with the Zionist regime and the violation of the rights of the nations of the region, including Iraq and Syria, with the support of terrorist and Takfiri groups, are just a glimpse of the American exploitative nature and the US regime's black record of gross human rights abuses against all nations.
Therefore, it is highly expected that:
The cultures, customs and traditions of the ethnicities and religions of the Iranian nation, as well as the laws and regulations of the Islamic Republic of Iran, which have stemmed from the wish and will of the entire Iranian nation, based on the social, cultural and geographical conditions of the country, to be respected.
The will and independence of the Iranian nation to accede to international treaties based on the exercise of the right to reservation to be respected.
The policy of painting a black picture, accusing and ignoring the positive and enhanced aspects, instead of expressing and recognizing the undeniable facts and achievements of the Islamic Republic of Iran to be ended.
The most basic and fundamental rights of the Iranian people, namely the "right to life" and the "right to health", and openly condemn, with no negligence, the action of the dominance-seeking powers, especially the United States, in imposing oppressive and cruel sanctions to prevent the importation of the basic needs of people by blocking all access routes to food, medicine and medical equipment, to be recognized.
The assassination of the greatest defender of the independent nations, the martyred Lieutenant General Qassem Soleimani, as well as the assassination of the nuclear and defense scientist, the martyred Professor Mohsen Fakhrizadeh as a terrorist crime and provide the ground for the prosecution of the perpetrators to be recognize and condemned.
The countries who, themselves, are suppliers of weapons and military equipment for the killing of innocent men, women and children of Yemen, Palestine and other nations in the region, as well as the countries which have trampled and violated the rights of the Iranian people by imposing oppressive and cruel unilateral sanctions, to be put under special human rights monitoring, and the basis for the criminal prosecution of its perpetrators carrying real and legal entities to be provided.
The most obvious and basic legal and judicial principles such as the "principle of equality of individuals before the law" and the "principle of non-discrimination between individuals" to be respected, and the use of forged titles such as "dual citizenship", and the like, which neither serve as a cause to enjoy more privileges, nor construe reasons to violate the citizenship of individuals, and are merely a pretext to advance the political goals and interests of some oppressive powers to be avoided.
Independent, impartial and transparent investigations on crimes against humanity and widespread human rights violations by the coalition forces, led by Saudi Arabia, which has killed thousands of innocent and defenseless Yemeni women, men and children in their blind and aimless attacks to be conducted; and the accountability of all perpetrators of human rights violations during those attacks, to be taken into consideration, and the necessary to be prepared for their criminal prosecution.
At the earliest time, the Iranians who have been imprisoned in other countries for their "legal action" in violation of the "illegal sanctions" of the US regime to be released.
The violation of the "principle of good faith and neutrality" caused by relying on news and reports based on forged information provided by some terrorist sects and groups and the opponents of the Iranian nation to be ended.
The viewpoints of the Islamic Republic of Iran to be reflected in a fair manner, away from any unilateralism and prejudice, in accordance with the working frameworks and procedures of international human rights monitoring;
The flawed, discriminatory, biased and politicized process of special country-specific monitoring of human rights in the Islamic Republic of Iran to be ended; and
Finally, the UN High Commissioner for Human Rights is invited to visit Iran to, closely, observe the existing human rights realities in the country (Source: Fars News).