Larijani blasts UN duplicity on Iran
Her Excellency Mrs. Navi Pillay
Honorable U.N High Commissioner for Human Rights
29 June 2014
As stipulated in a number of resolutions and decisions adopted by Human Rights Council, particularly resolutions 5/1 and 5/2 of 18 June 2007, selective approaches as well as double standard policies or politicization should be avoided while addressing human rights issues, and promotion and protection of human rights should be based on cooperation, dialogue and capacity–building among States. Within the same framework, the special rapporteurs are required to respect and observe different principles specifically independence, impartiality and professionalism, as well. I would like to attract your attention to some points in this regard as follows:
1. While 21 members of Human Rights Council were not in favor of the appointment of Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, it should be, however, specified that the Human Rights Council resolution 16/9 of 8 April 2011 also obligates the special rapporteur to discharge his duties in accordance with the resolutions 5/1 and 5/2 of 18 June 2007 and the annexes there to on “ institution-building” as well as “code of conduct for special procedures mandate holders of the Human Rights Council.”
2. Conducting interviews and issuing continued statements by the Special Rapporteur based on political intentions as well as utilizing his personal web as a means for political propaganda are concretely contrary to the procedures mandated to the Special Rapporteurs. He lacks an inclusive understanding on Iranian Laws and their implementation as well as functions and structures of legal and judicial institutions of the Islamic Republic of Iran. He never regards even the least standards of independence, impartiality and fairness in his reports and statements, while independence and impartiality are as the two major criterions in appointing special rapporteurs according to paragraph 39 of the annex of the Human Rights Council resolution 5/1 of 18 June 2007.
3. Delivering a speech against the Islamic Republic of Iran, flanked by the ringleader of a terrorist group whose hands were stained with bloods of more than 17000 innocent Iranians, as well as taking opposite position regarding the punishment of a member of this terrorist group, interaction with and supporting both terrorist and separatist groups in certain countries, supporting as well as remonstrating against the trial and punishing the criminals, delinquents, law-breakers and transgressors of the Iranian nation rights with the titles such as political, cultural and human rights activists are in total contradiction with his mandate as well as with the code of conduct governing the activities of the special rapporteurs, and surely will result in sanctioning and giving the thumbs up to the criminal acts and encourage them to maintain these acts against the Iranian citizens, violating their rights.
4. Taking supportive and defending measures by the Special Rapporteur toward criminals through issuing political statements are in contrary to the different provisions of the UNHRC annex to the resolution 5/2 of 18 June 2007 on code of conduct for special procedures mandate-holders of the Human Rights Council:
A. Article 3 (a): While discharging their mandate, Special Rapporteurs shall act in an independent capacity, and exercise their functions in accordance with their mandate, through a professional, impartial assessment of facts.
B. Article 3 (e): Special Rapporteurs shall uphold the highest standards of efficiency, impartiality, equity, honesty and good faith.
C. Article 5: Prior to assuming their functions, mandate-holders shall make solemn declaration in writing to perform their duties and exercise their functions from a completely impartial standpoint.
D. Article 12 (a): Mandate-holders shall bear in mind the need to ensure that their personal political opinions are without prejudice to the execution of their mission, and base their conclusions and recommendations on objective assessment s of human rights situations.
E. Article 12 (b): Mandate-holders shall in implementing their mandate, therefore, show restraint and moderation so as not to undermine the recognition of the independent nature of their mandate.
F. Article 13 (a): Mandate-holders shall while expressing their considered views, particularly in their public statements, also indicate fairly what responses were given by the concerned States.
G. Article 13 (c): Mandate-holders shall ensure that the concerned government authorities are the first recipients of their conclusions and recommendations concerning this State and are given adequate time to respond.
The procedure adopted by the Special Rapporteur indicates that he has no willing to examine and deliberate the realities of the issues as well as making use of governmental viewpoints, taking merely unrealistic, immature and hasty positions with no professional and impartial examination of the issues.
5. Special Rapporteur is regrettably relying on information resources such as terrorists, internet sites as well as the adversaries of Iranian nation abroad. This is, however, is totally in contradiction to article 6 of the annex to the UNHRC resolution 5/2 of 18 June 2007, which stipulates: “ The mandate-holders shall always seek to establish the facts, based on objective, reliable information emanating from relevant credible sources, that they have duly cross-checked to the best extent possible. They shall also take into account in a comprehensive and timely manner, in particular information provided by the State concerned on situations relevant to their mandate.”
6. As stipulated in preambular paragraph 4 of the resolution 5/2 of 18 June 2007, required degree of attention should be given to all human rights violations, wherever they may be taking place. In this context, the Special Rapporteur is, however, laying emphasis just on supporting criminals and offenders, regrettably neglecting deliberately to notice the real victims of human rights violations resulting from sanctions, chemical weapons, terrorist acts as well as the violation of Iranian rights abroad.
While emphasizing interaction strategy by the Islamic Republic of Iran in diverse issues, together with logical and constructive dialogue, it is noted that the path chosen by the Special Rapporteur is totally in contradiction with his mandate as an impartial, professional and independent rapporteur. It is expected that Your Excellency, as the highest United Nations officials in the field of human rights will take necessary actions to remedy and revise this destructive and non-constructive process.
Excellency, please accept the assurances of my highest considerations.
Mohammad Javad Larijani
Secretary General for High Council for Human Rights
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