Iran: Human Rights

Baroness Afshar Excerpts

Thursday 8th December 2016 Lords Chamber

Asked by

[Baroness Afshar]

To ask Her Majesty’s Government, as part of the negotiations on lifting sanctions, what discussions they have had with the government of Iran concerning the treatment of human rights campaigners in that country.

[Baroness Afshar (CB)]

My Lords, I am most grateful for this opportunity to speak about Iran. I would like to repeat how Iranians have welcomed the lifting of sanctions, particularly since it has enabled them to produce medicine and vaccines locally, at a lower price, which saves lives. For that, I am most grateful.

However, for many of us there remains a deep concern about the continuing human rights transgressions in Iran. Iran signed the Geneva conventions in 1957 and voted in favour of the Universal Declaration of Human Rights. As a signatory, there is an expectation that the Government would respect human rights across the board. Sadly, this is not the case: detainees and prisoners report acts of torture and other ill treatment, particularly during primary investigations when “confessions” and other incriminating evidence are extracted without their having a lawyer to help them.

A new code of criminal procedures, which entered into force in June, introduced some safeguards, including a central electronic register of detainees held in each province. However, the new code does not provide adequate protection against torture and fails to bring Iranian law into conformity with international law. The code does not even guarantee individuals adequate access to an independent lawyer from the time of arrest, even though this is a legal requirement for protection against torture and other ill treatment. No specific crime of torture is defined in Iranian law, and the new code does not establish detailed procedures for investigating torture allegations. While, according to the code, statements obtained through torture are not admissible evidence, that remains a general objective without any detailed provisions to secure it.

The UN Human Rights Committee has confronted the Iranian Government with grave violations of the International Covenant on Civil and Political Rights. According to the special rapporteur’s report to the General Assembly and Human Rights Council, the Islamic penal code continues to justify serious human rights violations perpetuated by Iranian officials, including members of the judiciary. Many provisions of the penal code violate Iran’s international human rights obligations by criminalising the peaceful exercise of fundamental rights. Given these serious shortcomings, surely it would be helpful, at this time of rapprochement, for the Government to raise these fundamental concerns.

I would like to focus in particular on the case of Iranian-born Nazanin Zaghari-Ratcliffe and her daughter Gabriella. Nazanin was seized by Iranian revolutionary guards on 3 April at the Imam Khomeini Airport as she was travelling back to Britain after a trip to visit her family. She was detained in a secret location and, after a secret trial where she was unable to apply for advocates to defend her, Nazanin was given a five-year sentence and imprisoned. Amnesty International has repeatedly expressed its concerns for Nazanin’s welfare and urged the UK Government to secure her freedom. In the meantime, Nazanin’s health has gravely deteriorated. The British Government’s apparent inability to secure her release gives cause for concern.

We know that the Iranian Government are seeking to carve a better relationship with the West and are likely to take note and react positively to interventions by western Governments. This was the case in September this year when the combined efforts of the Canadian, US and Oman authorities facilitated the release of Professor Homa Hoodfar, an Iranian-Canadian colleague of mine who had been detained since June in Tehran’s Evin prison. She had travelled to Iran in February to see her family and continue her research working with Iranian women. I urge the Government to take a similar approach and ask them what discussions they have had with the Government of Iran concerning the treatment of human rights campaigners in general. In the light of the recent resumption of consular relations between Britain and Iran, surely it is fair to expect that the Government will make full use of those services. They should begin by securing consular rights for all British citizens, to stop this happening to innocent families in the future. But the specific circumstances surrounding Nazanin’s prosecution require immediate attention, not only to save her life but to enable academic researchers, journalists and human rights activists to report on conditions in Iran and help safeguard the rights of Iranian and British visitors to the country.

Having spoken truth to power all my life, I find that in this country I am invited to apply to join your Lordships’ House. I fear that in my own birthplace I would be put in prison and maybe the UK Government would not be able to help.