Verbatim transcript of remarks by Prof. Javaid Rehman at a Civil Society Hearing on the 1988 Massacre in Iran – 15 February 2024, Geneva:
Excellencies, distinguished guests, ladies and gentlemen
I would like to thank Justice for the Victims of the 1988 Massacres in Iran (JVMI), Mr Tahar Boumedra, Mr Mohammad Hanif Jazayeri and other colleagues for this generous invitation.
I would like to thank our esteemed colleagues for joining us this morning to examine this most tragic, painful issue for the victims, survivors, their families and their loved ones who are seeking truth, justice and closure to the most tragic and gravest incident in Iran’s recent history. We have already heard this morning, the most painful testimonies of torture and extreme brutality from the survivors and I pay tribute to these survivors and the families of the victims.
Therefore, today is an important day in the struggle for justice, for the thousands of victims, their families and survivors of the 1988 massacre; persons who were subjected to summary and arbitrary executions in 1988 and thousands becoming victims of enforced disappearances.
One measure of seeking justice is to ensure accountability and end the culture of impunity prevalent in the Islamic Republic of Iran.
Since July 2018, when I took over the mandate as the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, one of my principal concerns has been the almost complete absence of accountability and the prevailing culture of impunity in the Iranian constitutional, legislative, and administrative framework.
In my report to the UN Human Rights Council of March 2022, after having examined the absence of accountability, I informed the Council, that while accountability for serious human rights violations represents a core obligation of States under international law, this is not the case in Iran. I wrote in my report to the Council that (I quote): ‘Institutional impunity and the absence of a system for accountability for violations of human rights permeate the political and legal system of the Islamic Republic of Iran. The absence of accountability derives from various deficiencies within State structures, including negation of the principles of rule of law and separation of powers.’ (para 48, A/HRC/49/75).
My deep concerns, as regards, institutional impunity and absence of a system of accountability were sadly once again proven correct with the tragic death in police custody of the morality police of the 22-year-old Jina Mahsa Amini. Ms Amini from the Kurdish minority, died in Tehran on 16 September three days after her arrest for allegedly failing to comply with the country’s strict rules on women’s dress code by wearing an “improper hijab”.
We are aware that her killing also triggered killings of hundreds of largely peaceful protesters, murders, arbitrary arrests, systematic enforced disappearances, torture, rape and sexual violence, and persecutions, which I have described as crimes against humanity to the Human Rights Council. (A/HRC/52/67) para 75(f).
It was tragic but not surprising that the Iranian authorities have completely denied any responsibility for the tragic events that have taken place in Iran since September 2022.
However, this recent episode of crimes against humanity and the culture of impunity is a continuum of crimes against humanity and continuing impunity which has pervaded Iranian legal, constitutional and judicial mechanisms going as far back as at least until the 1979 Revolution.
This morning, we have heard how the gravest of human tragedy befell upon political prisoners and political opposition and those ideologically opposed to the Iranian regime. In 1988, thousands of these prisoners were extrajudicially executed pursuant to a fatwa issued by the Supreme Leader of Iran and implemented across prisons in the country. There are extreme concerns and there is overwhelming evidence that serious crimes under international human rights law and international humanitarian law have been committed. These crimes include crimes against humanity of torture, persecution, murder, extermination, enforced disappearances as well as the crime of genocide.
This massacre has been followed by the state authorities refusing to publicly acknowledge the killings and failure to disclose the fate of those killed and the location of their remains to victims’ families, and subjecting families to threats, harassment, intimidation, and attacks.
There has thus been the determination of the Iranian government to hide these massacres through false narratives and statements, distortion of historical data, and active harassment of survivors and family members of the victims as well as by hiding the evidence such as by the destruction of mass graves. Systematic concealment of the fate of the victims, not providing the location of their remains or not providing family members information about the causes of death is deeply troubling and distressing. Such concealment, in my judgment also constitutes enforced disappearances and a crime against humanity.
I shall have more to say on this subject and I shall reserve my recommendations for my closing remarks. In the meanwhile, I join you in our support for the victims of the 1988 massacres, their families and survivors for our common endeavour to demand justice and accountability and an end to the culture of impunity.
Our human, moral and legal values and consciences demand that action has to be taken. I urge the international community to ensure justice, as a matter of urgency.
In August 2021, when Mr Ebrahim Raisi became the President of the Islamic Republic of Iran, I immediately raised huge concerns and distress. We have heard already about his role, involvement and membership of the “Death Commission”. Justice demands complete accountability for the actions of Mr Raisi and all member of the “Death Commissions” for the vile and egregious crimes committed by individuals under international law and under international criminal law.
I urge the international community to act and to act now.
Thank you.
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Part 2 of remarks by Prof. Javaid Rehman – 15 February 2024:
Good afternoon, Excellencies, distinguished guests, ladies and gentlemen.
This day today has been a long day, but it has reinvigorated our commitment for the cause of justice and for the cause of truth. And here, while I thank Justice for the Victims of the 1988 Massacre in Iran (JVM) for organising this event, I would also reaffirm my commitment and to assure what Mr. Tahar Boumedra just mentioned, that my mandate will not give up: we will continue to seek justice, accountability, and truth. This is my promise to you, and this is the promise from my mandate.
Thank you, ladies and gentlemen.
We have today heard harrowing stories, testimonies of the victims, the survivors, and their families and friends about the tragedy of the 1988 massacre. We have also heard from experts – my own colleague, Chair-Rapporteur of the UN Working Group on Enforced or Involuntary Disappearances is with us from the Special Procedures – as to how we want to ensure that justice is done. The episode of what happened in 1988 is deeply painful to all of us.
As you all know, the 1988 massacre in Iran refers to the systemic, systematic, and widespread extrajudicial executions and enforced disappearances of political prisoners during the summer of 1988. While there may not be consensus on the number of individuals who disappeared or were executed in 1988, as we have heard, there is substantial, overwhelming, and indeed irrefutable evidence that thousands of individuals were summarily and extrajudicially killed and arbitrarily deprived of their right to life. This was in violation to the most fundamental of international human rights instruments, including the Universal Declaration of Human Rights, Article 3, as well as the International Covenant on Civil and Political Rights, Article 6, – which we must remind the Iranian authorities – that they are a party, and they were a party in 1988.
As I mentioned this morning, the 1988 massacre, resulting in the summary and arbitrary executions, as well as the enforced disappearances, have been a source of very serious concern for me, as the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, as well as my other esteemed colleagues in the UN Special Procedures.
In 2017, my predecessor, the late, Asma Jahangir – and her name has been mentioned several times today – noted in her report to the UN General Assembly, that “overwhelming evidence shows that thousands of persons were summarily killed”, and she highlighted the right to a remedy, including, “the right to an effective investigation of the facts and public disclosure of truth;, and the right to reparation”. (A/72/322, para 100).
These are very important statements. Please carefully examine what she is saying: that there must be a right to an effective investigation of facts, public disclosure, as well as the right to truth, and the right to reparation and remedies. These are some of the elements which I will highlight in my recommendations later in this presentation.
Again, as already mentioned earlier today, in a 2020 communication to Iran, a number of United Nations Special Procedures, including my own mandate, expressed strong concerns at “the alleged continued refusal to disclose the fate and whereabouts of thousands of individuals who were reportedly forcibly disappeared and then extrajudicially executed in 1988.” This communication goes on to note that “enforced disappearance continues until the fate and whereabouts of the individual concerned are established irrespective of the time past, and the family members have a right to truth…”
DownLoadPublicCommunicationFile (ohchr.org), (3 September 2020, at page 7)
And again, today’s examination of these issues has been important because we have been discussing with my esteemed colleagues that there is a need for us to have a follow-up on the 2020 communication, and that we will do this, to again remind the Iranian authorities that there are somethings they are hiding: they are hiding the facts, and they are hiding the truth. And we want to know the reasons for this blatant concealment, and we want to highlight our deep concerns before the Human Rights Council.
The UN Working Group on Enforced or Involuntary Disappearances (WGEID) in a report to the Human Rights Council on 12 August 2022 expressed concern about the ongoing concealment of burial sites of those forcibly disappeared in the 1988 massacre. The Working Group notes as follows:
“59. The Working Group reiterates the concerns expressed about the ongoing concealment of burial sites of those forcibly disappeared and allegedly executed between July and September 1988 across the country. The Working Group recalls that an enforced disappearance continues until the fate and whereabouts of the individual concerned is established and repeats its support for an international investigation on the matter.” WGEID report to the 51st session of the Human Rights Council (A/HRC/51/31), 12 August 2022, https://undocs.org/en/A/HRC/51/31
In the face of overwhelming evidence of international crimes, most notably the crimes against humanity of torture, persecution, murder, extermination, and forced disappearances, as well as the crime of genocide having been committed, how have the Iranian authorities dealt with this issue:
After the 1988 massacre, and the tragedy of 1988, Khomeini’s willing executioners who had ordered these mass arbitrary executions were indeed rewarded and were promoted to high positions in politics, in the judiciary, and within the judicial and domestic framework of the country. As we know, many of these remain in high-powered position as of today. The current Iranian President, as we have referred many times today, acted as a member of the “Death Commission”, and many witnesses have already made reference to his role in the mass executions of 1988.
So, what do I have to say to the international community?
I implore upon the international community, in particular, members of the Human Rights Council –, and I hope that there are some delegates still here with us – I implore upon them to listen to the voices, to the pain and grief of the victims and survivors of the 1988 massacre, and to act judiciously, but decisively, to ensure justice and accountability fully in accordance with international law, and respecting the right to fair trial.
One possibility, is that of the use of Universal Jurisdiction by States to try individuals for serious crimes, including crimes against humanity and other serious human rights violations. In July 2022, a Swedish court convicted Mr. Hamid Noury for his role in the torture and mass executions in the Islamic Republic of Iran during 1988, as the court found him guilty of war crimes and murder and sentenced him to life imprisonment. This decision – as many of you would know – was upheld on appeal in December of last year.
I have consistently called for the establishment of an international accountability mechanism/International commission of enquiry to ensure accountability but also truth and ultimately justice for the victims of the 1988 massacre. The international accountability mechanism would
- focus on the mass executions of the 1980s in particular the summary, arbitrary and extra-judicial executions of 1988 as well as the enforced disappearances from that time.
- ensure prompt, impartial, thorough and transparent criminal investigations in all cases of alleged summary, arbitrary and extra-judicial executions of 1988, alleged cases of torture, genocide and enforced disappearances.
- prosecute all those individuals who are alleged to have committed serious crimes in international law including summary, arbitrary and extra-judicial executions and the crimes against humanity of murder, extermination, torture, persecution, and forced disappearances, as well as the crime of genocide, in proceedings that fully conform to the right to a fair trial in accordance with Article 14 of the International Covenant on Civil and Political Rights and those that do not seek to impose the death penalty.
I believe that the establishment an international accountability mechanism/International commission of enquiry would be of utmost importance; however additional mechanisms would be required to ensure justice and an appropriate closure. Therefore, in parallel to the international accountability mechanism, the international community must seek the establishment of a “Truth and Reconciliation Commission”.
The “Truth and Reconciliation Commission” would inter alia:
- ensure that the authorities provide a profound, sincere public apology and an acknowledgment of extra-judicial, summary and arbitrary execution and enforced disappearances of thousands of persons in 1988.
- establish fully the truth regarding the mass enforced disappearances and extrajudicial arbitrary, and summary executions of July-September 1988.
- ensure that the authorities provide the relatives of the victims all relevant information including the location, cause and circumstances of their disappearances or their executions and the location of their remains. This information must include an honest and truthful explanation of what happened to their loved ones.
- ensure publication of the details, including the names of all the persons who have been executed. Tragic, as it is, solemn disclosures would also mean that appropriate death certificates (with accurate dates and details) of all those who have been executed must be issued.
- ensure that authorities commit never to harass, intimidate or target the victims or survivors and their families and immediately end their policy of reprisals.
- ensure an absolute commitment to cooperate with the victims, the survivors and their families, including by allowing them freely to visit the graves of their loved ones and to appropriately to mourn their deaths.
- introduce, in accordance with international law and international guidance, reparations and all appropriate remedies for the victims, survivors, as well as the families of those executed or forcibly disappeared.
As International community we must demand an end to the culture of impunity for the Iranian regime, demanding justice and accountability for the victims as well as a mechanism to finally reach to the truth and find a closure to this deep and painful tragedy – the 1988 massacre.