Recap: 55th Session of the Human Rights Council

The 55th session of the Human Rights Council opened on February 26 with statements from various member states on the current human rights landscape, during which several states drew attention to the human rights situation in Iran:

On March 4, High Commissioner Volker Türk presented to the council his global update on human rights in the world, during which he addressed human rights in Iran, in particular the situation of women and girls and the Hijab and Chastity Bill: “Iran’s legislative election three days ago was Iranians’ first opportunity to vote since the “Women, Life, Freedom” protests of 2022 and 2023. It took place in a country that has been deeply divided by the Government’s repression of the rights of women and girls. People who participated in the protests have been persecuted, imprisoned on long sentences and in some cases, put to death. The draft Bill on “Supporting the Family by Promoting the Culture of Chastity and Hijab”, if adopted, would impose severe punishments for acts that should not be deemed criminal in any country. In my ongoing engagement with the Iranian authorities, I have urged immediate reforms to uphold the rights of all Iranians, including the right of women to make their own choices, and an immediate moratorium on the death penalty.”

On March 5 2024, Javaid Rehman, issued his final submission to the HRC in his capacity as the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran. The report evaluates the current human rights issues and trends in Iran up to December 2023 and assesses the status of implementation of recommendations made by his mandate throughout his 6-year tenure.

In his report, the Special Rapporteur expresses regret over Iran’s continued refusal to grant his mandate access to the country, hindering direct assessment and engagement. He stresses that his mandate provided at least 35 recommendations over the past 6 years “to the authorities calling for the death penalty to be abolished and laws that are incompatible with the right to life repealed”.^[1] Yet the Special Rapporteur regrets “the failure” of the Iranian authorities to address and implement these recommendations fully. He also expresses in his report alarm “at the worrying increase in the number of persons executed during his mandate”, reporting that “in 2018, there were at least 253 executions, in 2019 280 executions, in 2020 267 executions, in 2021 330 executions, which increased to 582 executions in 2022  and, shockingly, to 834 executions in 2023.”^[2] He is also alarmed by the substantial increase in drug-related executions, which disproportionately affect minorities and those in poverty, reporting in 2018 24 drug-related executions, “in 2019, 30;  in 2020, 25;  in 2021, 126;  in 2022 256;  and in 2023 471.”^[3] The Special Rapporteur also regrets that “the Iranian authorities have continued to implement the death penalty for persons who were aged less than 18 at the time their offences were committed.” He reports that  in 2018, “there were reportedly at least seven executions of child offenders,  four in 2019,  four in 2020,  two in 2021,  three in 2022  and at least one in 2023.”^[4]

Moreover, the Special Rapporteur points in his report to systemic violations of fair trial rights, including the use of torture to extract confessions and the denial of access to legal representation. He notes that revolutionary courts, known for systematically falling far short of administering fair trials, “are responsible for issuing the vast majority of the death penalty sentences, including thousands of summary and arbitrary executions.” He adds “that during the period 2010–2020, of 6,033 executions, 3,619 (59 per cent) were based on death sentences issued by the revolutionary courts.”^[5]

The Special Rapporteur stresses that despite his recommendations issued throughout his mandate, “calling upon the authorities to eliminate in law and in practice all forms of persecution of and discrimination and violence against women and girls […] He regrets that the Iranian authorities have effectively maintained a system of gender apartheid and insisted on draconian laws, policies and practices that increasingly violate the human rights and human dignity of Iranian girls and women.”^[6]

Additionally, during his six-year mandate, the Special Rapporteur has continuously reported on the alarming nature of violations perpetrated against ethnic, linguistic, and religious minorities. He specifies that ethnic minorities, including the Kurds, Baluchis, Ahvazi Arabs, and the Azerbaijani Turks, “have consistently been harassed, targeted and victimized, denied their fundamental rights to equality and non-discrimination, and deprived of their linguistic and cultural rights and identity.”^[7]

Finally, the Special Rapporteur concludes that “[c]ontinuing impunity and the absence of accountability remains a noticeable but unfortunate feature of the constitutional, political and legal system of the Islamic Republic of Iran.” He “regrets that none of his recommendations relating to ending institutional impunity and ensuring accountability for serious violations of human rights has been implemented.”^[8]

The persistence of the Special Rapporteur’s mandate is essential, as it plays a crucial role in documenting and reporting on the human rights situation in Iran, maintaining a detailed record of violations and trends. This continuous monitoring ensures that the wide spectrum of human rights challenges within the country does not escape international scrutiny and serves as a persistent reminder of Iran’s obligations under international human rights law. The meticulous and authoritative documentation provided by the Special Rapporteur’s reports creates an invaluable archive of information that can be used to inform international dialogue, policy decisions, and other human rights mechanisms. Moreover, the existence of the mandate sends a clear message to Iranians that the international community remains vigilant and committed to highlighting their struggles and working for the realization of their human rights.

On March 8 2024, the FFMI published its first comprehensive report, concluding one year of investigation into human rights violations related to the protests that erupted following the death of Jina Mahsa Amini, who died while in police custody on 16 September 2022 following her arrest by the so-called morality police for “improper” hijab.

In a groundbreaking step toward accountability, the FFMI establishes “that many of the serious human rights violations” it has investigated “amount to crimes against humanity, specifically those of murder, imprisonment, torture, rape and other forms of sexual violence, persecution, enforced disappearance and other inhumane acts, that have been committed as part of a widespread and systematic attack directed against a civilian population, namely women, girls and others expressing support for human rights.”^[1]

The mission explicitly establishes state responsibility, asserting that it is satisfied ‘that the acts [outlined in the report] were planned, directed and organized, by and involved the coordinated action of different State entities and the investment of a considerable amount of State resources.”^[2] Notably, the mission openly identifies the state authorities it has found to be directly and indirectly involved, reaching the highest spheres of authority, namely the Supreme Leader.

Additionally, as part of its investigation, the FFMI “established the “chains of command” of those involved in the order, planning, and organization of these acts,” detailed in a conference room paper published on Tuesday, 19th, March.^[3] Names and degree of responsibilities, including of superiors who can be held accountable for the acts of their subordinates, are kept in a confidential list that can be used in view of legal proceedings, per the FFMI’s mandate.^[4]

The FFMI reiterates, a year and a half after the onset of the protests in September 2022, that Iranian authorities have “failed to investigate allegations of human rights violations, or to prosecute or punish those responsible, and had deliberately and systematically obstructed any efforts by the victims and their families to obtain redress and establish the truth.”^[5] The Mission concludes that given the absence of “effective remedies within the country, legal avenues outside the country at the domestic and international levels constitute the only available options for accountability.”^[6]

It is the first time a UN mechanism makes findings of serious human rights violations and international crimes perpetrated in Iran to the investigational standard of “reasonable grounds to believe”, marking a further step toward justice by paving the way for international criminal accountability, and the broader pursuit toward truth, justice, and reparation.  

Moreover, the FFMI “regrets the Government’s lack of cooperation” and the lack of “any substantive response” from the Government-appointed Special Committee to investigate the 2022 unrest.^[7] It reports it faced constraints “because of the restrictions imposed by the Government on online communications,” and “harassment and intimidation of victims, witnesses and their families inside and outside the country” which deterred individuals from engaging with the mission.^[8]

Crucially, the FFMI concludes its report by highlighting that “[d]espite its significant findings, with more time available, the mission could strengthen its documentation of the structural and institutionalized discrimination underlying the protests that it has uncovered, and ensure the effective preservation of evidence for use in legal proceedings.”^[9]

Context

The FFMI is an investigative mechanism established by the HRC on 24 November 2022. This establishment came in response to the “full-fledged human rights crisis” that ensued from Iran’s response to the protests triggered by the death of Jina Mahsa Amini.^[10] The mission was tasked “to thoroughly and independently investigate alleged human rights violations in the Islamic Republic of Iran related to the protests that began on 16 September 2022, especially with respect to women and children; establish the facts and circumstances surrounding the alleged violations; and collect, consolidate and analyse the evidence of such violations and preserve that evidence, in view of cooperation in any legal proceedings.”^[11]

While the FFMI is not a judicial body and cannot make enforceable legal judgments or establish individual criminal responsibility as courts do, the FFMI was provided with human and material resources to enable the mission to make authoritative findings of human rights violations and to conclude, where relevant, and with “reasonable grounds to believe,” whether the evidence it has collected and analyzed can be qualified as crimes under international law. Therefore, the Mission’s findings of serious human rights violations and crimes of international law, per its investigational standards, represent a significant advancement in efforts toward accountability, engaging not only the state’s liability but also individual criminal responsibility of the perpetrators behind the human rights violations that amount to international crimes.

On March 18, Javaid Rehman presented his final report and an interactive dialogue with the Human Rights Council. He reiterated concerns with lack of accountability and impunity for human rights violations perpetrated by Iranian authorities and emphasized the dire situation for women and girls in Iran: “Last week we celebrated International Women’s Day, however, women and girls in the Islamic Republic of Iran face ongoing repression, discrimination and the authorities have increasingly used further brutal and repressive policing methods on girls and women defying the compulsory hijab laws. Iranian authorities have maintained a system of gender apartheid and insisted on draconian laws, administrative policies and practices that increasingly violate the human rights and human dignity of Iranian girls and women. Over 1 million SMS messages were sent to women, threatening that if they were found travelling unveiled, their vehicles would be confiscated and thousands of these threatening orders were implemented. Authorities have also forcibly closed down hundreds of businesses for not enforcing compulsory veiling and countless women have been denied access to education, public transportation and banking services as a result.”

Mr. Rehman concluded his remarks by looking back on his mandate’s work:

“This mandate has been the platform for highlighting and reporting serious human rights violations and abuses conducted by governmental authorities. I remain hopeful that the mandate would continue to be the voice of millions of Iranians, who are targeted, victimised and abused and whose fundamental rights are violated persistently and with impunity. As I end my six-year mandate, I would like to sincerely thank the Iranian people for their bravery, courage, resilience as well as for their support and positive engagement with my mandate.”

The Special Rapporteur prompted comment from numerous member states, among them:

The interactive dialogue also included an important intervention from Mahmood Amiry-Moghaddam, on behalf of Iran Human Rights, ECPM and Impact Iran, who relayed a message sent from Evin Prison in Iran by Nobel Peace Prize Winner Narges Mohammadi:

“Ladies and gentlemen, I address you with grave concern regarding the ongoing human rights violations in Iran. The people of Iran are enduring systematic widespread and institutionalized human rights violations committed by the Islamic Republic. With the recent surge in protests and women’s life freedom movement, repression has escalated targeting not only political dissidents, but also women, religious minorities and ethnic groups. It is imperative that we as both citizens of Iran and members of the international community reassess our approach to effectively address these crimes. As such, I urge the following actions. One, the mandates of the Independent International Fact-Finding Mission and the Special Rapporteur on human rights must be extended to allow them to continue their vital work to uncover the full extent of gender apartheid and crimes against humanity perpetrated by the Islamic Republic. Two, the UN and human rights organizations worldwide must exert systematic and comprehensive pressure on the Islamic Republic, holding it accountable for its egregious violations of human rights.”

On March 18, the International Independent Fact-Finding Mission on Iran presented its first comprehensive report and held an interactive dialogue with the Human Rights Council. FFMI Chair Sara Hossain commented on the report’s findings.

“The use of such unnecessary and disproportionate force in largely peaceful protests resulted in unlawful killings and injuries of protesters, and we found credible figures of 551 deaths, amongst them at least 49 women and 68 children”

“To punish, humiliate or extract confession from them, detainees were subjected to sexual and gender-based violence and we found cases of gang rape, rape with an object, beatings, floggings, and electric shocks and acts that clearly constituted torture.”

..and called on the international community to ensure justice and accountability:

“The courage of the victims, witnesses and their family members and all those who have stood in solidarity with them who have trusted to us their stories underscores the need for the International Community to demonstrate their solidarity in turn […] and to match this with concrete measures to support the victims including by exploring Avenues of Justice wherever they may be.”

Several member states responded to the presentation. Costa Rica intervened on behalf of 55 countries from various regions to deliver a joint statement acknowledging the FFMI’s findings and the worsening human rights situation in Iran, notably with regard to gender-based discrimination and violence.

Several non-governmental organizations also shared remarks, including Amnesty International’s Raha Bahreini and coalition member KMMK-G’s Taimoor Aliassi.

On March 19, coalition member Iran Human Rights Documentation Center sponsored a side event at the Human Rights Council, hosted by Shahin Milani and supported by Impact Iran, on Iranian authorities’ use of blindings during recent protest movements. The side event featured remarks from FFM Chair Sara Hossain, Strategic Litigation Project’s Lisandro Novo, as well as in-person interventions from young Iranian victims of these blindings (Kosar Eftekhari, Hossein Noorinikoo, and Zaniar Tondro).

On April 5, the International Service for Human Rights (“ISHR”) delivered a joint statement on behalf of a group of human rights NGOs active during the session.

In the full statement, Impact Iran provides its reaction to the adoption of the resolution renewing the mandates of the UN Special Rapporteur and the FFMI:

“We welcome the adoption of the resolution on Iran, renewing the mandate of the Special Rapporteur on human rights in Iran and extending for another year the mandate of the Independent International Fact-Finding Mission on Iran. The continuation of these two distinct and complementary mandates is essential for the Council to fulfill its mandate of promotion and protection of human rights in Iran. However, given the severity of the human rights crisis in the country, we regret that this important resolution remains purely procedural and fails to reflect the dire situation of human rights in Iran, including the sharp spike in executions, often following grossly unfair trials. It also fails to address the increased levels of police and judicial harassment against women and girls appearing in public without compulsory headscarves, human rights defenders, lawyers, journalists and families of victims seeking truth and justice, and the continued pervasive discrimination and violence faced by women and girls, LGBTI+ persons and persons belonging to ethnic and religious minorities in the country.”

See the full statement below: