A/HRC/19/66
in early 2008, after a trial that reportedly lasted seven minutes. He was denied access to his
lawyer and family members. Despite numerous requests by family members, authorities
have refused to return his body or help locate his grave.
64.
The Special Rapporteur was also informed of the systematic killings of kulbars
(back carriers) and kasebkaran (tradesmen), Kurds residing in border areas. The kulbaran,
who ferry cargo across the border on their backs or smuggle commodities such as tea,
tobacco and fuel to earn a living, are particularly affected. Iranian law regards the activities
of the kulbari as a crime that is punishable by several months of detention or a fine equal to
the value of the seized commodities. The Special Rapporteur received reports, however,
that Iranian border guards indiscriminately shoot at these individuals, thereby killing and
wounding dozens of kulbari annually, as well as their horses.
65.
Members of the Baloch, a Sunni religious community and ethnic minority, are
reportedly subject to multifaceted discrimination, harassment, mistreatment, arbitrary arrest
and even executions. According to reports received by the Special Rapporteur, areas with a
Baloch majority are underdeveloped and frequently face the problems raised by limited
access to housing, education, health care and employment. Their freedoms of expression
and religion are also curtailed. Concerns were also expressed about the low level of Baloch
participation in public life, given that they are underrepresented in high-ranking
Government positions. Furthermore, the application of the Gozinesh criterion, a procedure
that requires prospective State officials and employees to demonstrate their allegiance to
the Islamic Republic of Iran and the State religion of Shia Islam, has further alienated the
Baloch and severely limited their employment opportunities and political participation.
66.
The Special Rapporteur learned that 57 people arrested during the protests to save
Lake Urmieh from drying out in 2011 were recently sentenced to a total of 26 years
imprisonment and 1,390 lashes. A total of 112 people were tried, of whom 55 were
acquitted and 57 were given prison sentences, lashings or both. Those convicted reportedly
included five women and nine people under the age of 18. The Special Rapporteur received
reports that many of those arrested and convicted were subjected to inhuman treatment
during their interrogations. Other reports described the arrest and detention of 65 ethnic
Arabs in Khuzestan Province since late 2011, allegedly in response to their calls for a
boycott of upcoming parliamentary elections and anti-Government slogans.
H.
Treatment of the lesbian, gay, bisexual and transgender community
67.
The Special Rapporteur shares the concern of the Human Rights Committee that
members of the lesbian, gay, bisexual, and transgender community face harassment,
persecution and cruel punishment and are denied their basic human rights, including their
right to life.44 The current Penal Code criminalizes same-sex relations between consenting
individuals, while article 109 of the Islamic Penal Code states that “both parties to gay sex
are equally criminally liable and could face severe punishment, including the death
penalty”. In September 2011, three men were reportedly executed under the country‟s
sodomy laws.45 Iranian officials often qualify homosexuality as a disease, and insist on
applying stringent punishment for acts perceived as homosexual in nature. For example, in
2011, two prominent Iranian soccer players were indefinitely suspended and fined for
committing an “immoral act” on the field by appearing to intimately touch each other
during goal-scoring celebrations.
44
45
CCPR/C/IRN/CO/3, para. 10.
Reported by ISNA (http://khouzestan.isna.ir/Default.aspx?NSID=5&SSLID=46&NID=16917).
19
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