A/HRC/31/26
confinement for 20 days.19 In their comments on the present report, the authorities stated
that prison authorities had carried out tests in response to allegations of sexual assault
against Ms. Farghdani on the Internet. On 14 October, Fatemeh Ekhtesari, a prominent
poet, was sentenced to nine years and six months of imprisonment on charges of “insulting
the sacred”, “publishing unauthorized content in cyberspace” and “propaganda against the
State” for the online publication of a collection of poetry entitled A Feminist Discussion
before Boiling the Potatoes. Throughout her detention, Ms. Ekhtesari was subjected to
prolonged solitary confinement and other cruel, inhuman or degrading treatment. She was
convicted primarily on the basis of a coerced confession. Additionally, she was sentenced
to 99 lashes for shaking hands with a member of the opposite sex to whom she was not
related. She was also forced to take virginity and pregnancy tests. 20
22.
The Special Rapporteur on torture and other cruel, inhuman or degrading treatment
or punishment and the Special Rapporteur on violence against women, its causes and
consequences all consider virginity testing to be a form of sexual violence. The Special
Rapporteurs noted that virginity testing is a violation of the right to dignity and the right not
to be subjected to ill-treatment, and constitutes a particularly gross form of discrimination
and of custodial violence.
C.
Restrictions on freedom of opinion and expression
23.
The Secretary-General notes the apparent good intentions of the President of the
Islamic Republic of Iran in committing to easing restrictions on freedom of expression and
his advocacy of freedom of speech as a basic human right. However, these commitments
have yet to be translated into reality. In the last months of 2015, the already limited space
for freedom of expression, particularly for social media activists and journalists, eroded
further.
24.
The Secretary-General is particularly concerned about the crackdown on journalists
and social media activists ahead of the parliamentary elections scheduled for 26 February
2016. On 2 November 2015, five journalists were reportedly arrested by Revolutionary
Guards in Tehran on suspicion of taking part in an “infiltration network”, seeking to
influence public opinion and undermining the Islamic Republic of Iran on behalf of
Western Governments. The Government has named four of the journalists but has not
disclosed the identity of the fifth. On 11 November, special procedure mandate holders
issued a joint press statement expressing concern about the crackdown on journalists and
urging the Government to provide a safe space for freedom of expression ahead of the
parliamentary elections. The experts stressed the importance of freedom of expression for
free and fair political processes and that public participation in any electoral process was
virtually impossible if the media and civil society were so frequently affected by arrests and
prosecutions. The Secretary-General is encouraged by statements by President Rouhani 21
and other government officials condemning these arrests. He urges the Government to
reverse this trend by immediately releasing journalists who have been arbitrarily detained
for the peaceful and legitimate exercise of their profession and to open up space for the free
exchange of ideas. Freedom of opinion and expression is essential to fair and credible
elections.
19
20
21
See https://spdb.ohchr.org/hrdb/29th/public_-_UA_Iran_16.01.15_(1.2015).pdf.
See www.iranhumanrights.org/2015/10/two-poets-sentenced/.
On 8 November 2015, President Rouhani criticized the granting of “special privileges” to some
media, which act as “undercover police”, while others “face harsh punishments”. See
www.theguardian.com/world/2015/nov/05/irans-president-criticises-recent-arrests-of-journalists.
7
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