A discussion about the position of the Human Rights Headquarters in the Judiciary Power.
One of the institutions that specializes in the subject of “human rights” in the Islamic Republic of Iran today is the “Human Rights Headquarters of the Judiciary”. According to the official website of this headquarters, its activities began in 1381 (2002) with the approval of the headquarters’ charter and its publication in the official gazette. In 1384 (2005), the headquarters completed this charter with quantitative and qualitative improvements. The new activities and movements based on professional behavior and in parallel with the establishment of the new Human Rights Council in Geneva and the use of new mechanisms in this council, including global monitoring, have turned this headquarters into a national reference and at the same time a coordinator and policy maker in human rights issues. In this regard, articles 19 to 42 of the Constitution, which follow the principles related to the rights of the nation, which are the general framework of human rights, are explained.
According to what is stated in the charter of the committee, its duties can be divided into two main categories:
1. Main tasks:
The duties and responsibilities of the headquarters include designing, directing, and monitoring all matters related to the human rights headquarters at the domestic, foreign, and international levels, in collaboration and coordination with relevant agencies. The headquarters is obligated to regularly and monthly report its activities to the Secretary-General of the National Security Council.
2. Main members of the committee are:
In order to focus on the activities of the system in the field of human rights and to make optimal use of facilities and to implement decisions more accurately, a Human Rights Headquarters shall be formed with the following structure, and all relevant organizations shall be obliged to cooperate and coordinate with this headquarters. The main members of this headquarters, which is headed by the head of the judiciary, are: Secretary of the Human Rights Headquarters – Attorney General of the country – Chief Justice of the Supreme Court – Minister of Interior – Minister of Justice – Minister of Foreign Affairs – Minister of Intelligence – Minister of Culture and Islamic Guidance – Head of the General Inspection Organization of the country – Head of Prisons and Correctional Measures of the country – Responsible for the Legal Committee of the Secretariat of the Supreme National Security Council – Deputy for International Security of the Secretariat of the Supreme National Security Council – Commander of the Law Enforcement Force – Two experienced lawyers or judges.
In addition, the responsibilities of the headquarters in the field of international activities are as follows:
The presentation of human rights issues of the Islamic Republic of Iran in international institutions.
a) United Nations organization.
b) Human Rights Council.
Answering to the positions and statements of countries (mainly Western).
Explanation of Islam’s view on human rights issues.
b) Fulfilling the “central” role in addressing human rights issues.
2. Activities of the Human Rights Headquarters included in the organizational structure.
a) The activities of the headquarters in the field of international affairs.
1- Bilateral cooperation on human rights.
Introducing countries to the legal and judicial system of the Islamic Republic of Iran.
Introducing countries to the actions of the Islamic Republic of Iran in promoting human rights issues.
C) Becoming familiar with the activities of negotiating countries in the field of human rights and mechanisms for addressing related issues.
d) Approaching the positions of human rights in countries in international forums, especially in areas that require voting.
2- Multilateral Collaborations on Human Rights.
a) The Organization of Islamic Cooperation (OIC) in light of the approval of the Human Rights Committee in this organization.
b) Non-Aligned Movement (NAM):
Using legislative mechanisms in Europe (European Council and European Parliament).
3- Collaboration with the Human Rights Council – Geneva.
4- Actions related to the General Assembly and the Third Committee of the United Nations.
B) Prioritizing the country’s human rights activities.
1- Collaboration with active domestic and international non-governmental organizations on human rights issues.
2- Serious and close engagement with the mechanisms of the Human Rights Council, including participation in the Universal Periodic Review and responding to communications under procedures 1503 and the Office of the High Commissioner.
3- Collaboration with institutions and educational and research centers inside and outside the country.
4- Establishing coordination with all government agencies and institutions inside the country.
This content, taken from the official website of the “Human Rights Headquarters” of the Judiciary, is actually a statement of goals and ideals that seem desirable; although within the topics raised, it comes to mind that the main duty of this headquarters is actually to pursue international policies of sovereignty and to confront the actions of institutions and international countries in cases where Iran is criticized for human rights issues. Essentially, with a general look at the activities of this headquarters, we can see that the institution’s greatest expense and energy is spent on expressing government policies and justifying them based on human rights principles, on one hand, and being accountable and in some cases, making similar accusations against countries that criticize Iran’s human rights situation, on the other hand.
The repeated follow-ups and phone calls made to this organization in order to inquire about their human rights actions in regards to civil rights and freedoms in Iran, were ultimately fruitless. In fact, perhaps the most important question that comes to the minds of the audience when faced with the name “Human Rights Organization” is: what activities has this organization carried out or is carrying out in the field of human rights for Iranian citizens, and what is its overall role as a reference for addressing the human rights needs of Iranian citizens?
With a general look, we understand that the main concern of this institution is the behavior of Guantanamo Bay prison guards towards inmates, or the human rights situation in Myanmar, or the actions of Western governments towards their own people or other countries. If there is any specific and occasional discussion about issues related to deprived children’s education or forced marriage with a child, it is mainly about the publication of news and articles that have been raised in other news agencies.
The activities of this institution in areas such as defending the rights of religious minorities or freedom of expression and the media, and other related issues, are completely weak and inactive. This institution has not taken any specific action in support of the rights of Iranian citizens who have been convicted of crimes outside the country. Additionally, this organization has had no input on important issues such as detention and interrogation methods, and inappropriate treatment of religious and political prisoners, as seen in prominent cases such as the murder of “Sattar Beheshti” or the execution of Sunni prisoners.
Of course, this committee issued a statement regarding the case of “Sattar Beheshti”, a blogger, claiming that it will thoroughly investigate the matter and hold those responsible accountable for any negligence or wrongdoing; however, subsequent events in this regard have shown that this was only a claim and statement.
It seems that alongside the foreign policy and diplomatic actions of the government in Iran, there is another factor that greatly limits and defines the activities of the Human Rights Headquarters of the Judiciary, and that is the concept of “Islamic human rights” which is constantly emphasized in this headquarters. In other words, the Human Rights Headquarters of the Judiciary is actually based on a specific framework which measures all its actions against the criteria of “Islam” and religious and Sharia laws. With this situation, it seems that discussions about major human rights concepts such as religious freedom, freedom of speech, political activities, gender equality, abolishment of torture and execution, etc. may not be able to be raised in this headquarters.
Because what is certain is that Islamic religious laws, in cases such as warfare, apostasy, insulting the Prophet, equality between men and women, and punishments such as execution, retribution, stoning, etc., are completely clear and obvious. And considering the Islamic nature of “Islamic human rights,” these issues are neither discussable nor acceptable in the first place.
In any case, we hope that the Human Rights Commission in Iran reaches a stage of evolution in carrying out its duties where it prioritizes the defense of “human rights” without any religious or political restrictions, and regardless of the policies of governments or specific religious beliefs, it treats all humans equally and strives to uphold their human rights.
Magazine Number 30