A/HRC/31/69
than 10,000 mosques and 3,000 religious schools for Sunnis in the country, that there is no
need to build prayer halls for Sunnis in Tehran, and that pursuing policies that encourage
Sunnis to have their own mosques or prayer halls “sows the seeds of discord among
Muslims”. The Government also refutes the characterization of several Sunnis who have
been executed or are on death row as peaceful activists, and alleges that they engaged in
violent acts and terror.
61.
Indiscriminate killings of kulbaran (couriers who ferry goods on their backs in the
border regions), in violation of the domestic laws and international obligations of the
Islamic Republic of Iran, continued to be reported in 2015. Human rights organizations
report that between 36 and 44 border couriers were killed and that at least 21 were wounded
by government forces between January and December 2015. 56 These reportedly unarmed
couriers from the Kurdish-dominated provinces of Kermanshah, Kurdistan and West
Azerbaijan appear to engage in smuggling items such as tea and tobacco, owing to
inadequate employment opportunities in the country. The Special Rapporteur notes that he
has also received reports that the high incidence of unarmed civilians being shot by police
in and around the border areas of Sistan and Baluchistan province continues, including
individuals reportedly smuggling goods such as gasoline. In its response, the Government
notes that although it has the authority to exercise police powers at the borders, border
guards are not authorized to open fire on any suspect without accountability. The
Government also alleges that it is very difficult to distinguish drug traffickers and armed
bandits from real border couriers at the borders.
IV. Conclusions and recommendations
62.
The efforts by the Government of the Islamic Republic of Iran to address
national and international concerns about protections for persons accused of crimes is
welcome. However, outstanding and emerging issues highlighted in the present report,
including serious problems related to the administration of justice and the need for
additional legal reform, require immediate attention.
63.
Despite some positive amendments in 2013, the Islamic Penal Code continues to
justify serious human rights violations perpetrated by government officials, including
members of the judiciary. Many provisions in the penal code violate the country’s
international human rights obligations by criminalizing the peaceful exercise of
fundamental rights or other acts that are not internationally recognized as crimes.
The penal code also continues to discriminate against girls, women and religious
minorities. The Special Rapporteur encourages the Government to consider
additional reforms to the penal code in line with the country’s international legal
obligations.
64.
The Special Rapporteur also notes that serious rights violations linked to laws
that violate the Government’s international obligations are often compounded by the
failure of security officials and the judiciary to properly implement national laws that
would otherwise protect the rights of the accused, including fair trial guarantees and
strict prohibitions on the use of torture and ill-treatment against detainees.
65.
The Special Rapporteur is encouraged by the willingness of the Islamic
Republic of Iran to explore steps to reduce the number of executions in the country.
He reiterates his call on the Government to declare a moratorium on the use of the
56
18
Information received from the Association of Human Rights in Kurdistan of Iran-Geneva and the
Kurdistan Human Rights Network (http://kurdistanhumanrights.net/en/?p=747).
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