Remarks presented at the UN Geneva, Iran’s decades of impunity: from the 80’s to Jina Mahsa Amini’ Event hosted by JFI.
Thank you, Manon. With regards to your first question, I have two takeaways from the Special Rapporteur’s report, and he has done a fantastic job during his mandate… in his conference room paper, the Special Rapporteur highlights how atrocity crimes from the 1980s still have a tremendous impact on survivors and their relatives today and this is known as “inter-generational trauma.” Inter-generational trauma is understudied and underdiscussed within the field of human rights and with its connection to international crimes. We see how one generation, in an effort to cope with horrific abuses and because of a lack of healing, lack of recognition, or no help, has passed down the trauma to generations after it. It should be examined more in human rights contexts because in many ways, inter-generational trauma continues the presence of the perpetrator in a survivor’s life until such a time when the survivor believes they have healed.
The second important takeaway that the Special Rapporteur mentioned today is with regards to the crime of genocide. Iran is a state party to the UN Convention on Genocide. Therefore, it has obligations to not only prevent genocide but to also punish it. The Islamic Republic has not held anyone accountable to date for the 80s massacres. Further, all states have an obligation to hold the Islamic Republic accountable for potential breaches of the UN Genocide Convention. Civil society and independent researchers should continue to fully examine the issue that the Special Rapporteur has raised, in addition to examining the situations against minority groups in Iran, such as the Ahwaz, Baluch, and Kurds, where the horrific rights violations may also rise to the level of genocide.
With regards to justice and accountability, first and foremost I would encourage everyone to take into consideration the needs of victims and survivors first when it comes to what are “appropriate” to these answers. The UN has an inability to ignore them and work first without taking into account what they actually want and what they need and we have seen this happen in Myanmar.
Further, international governments must stop letting the regime divert its attention away from the requests of victims and survivors, as we have seen this past weekend with the clemency granted to convicted war crimes criminal, Hamid Nouri. When the survivors and victims of crimes raise their voices, the regime turns to its playbook to turn attention away or mitigate these voices. A short list of strategies from the playbook includes nonsensical and vile propaganda, manipulating the nuclear deal or crying foul about sanctions to stop any conversations about accountability, ramping up violence through connected armed groups to distract from the horrific patterns of abuse at home, sending thugs to attempt to silence those living in exile who are speaking out against the abuses of the regime, or blackmailing governments to send perpetrators home to enjoy freedom.
Further, the UN Fact Finding Mission on Iran should be encouraged to make clear linkages between the fact that the regime of the 80s is the regime of today and that the gross human rights violations in the 80s, as raised by the Special Rapporteur are NOT disconnected from the events of 2022.
Further, the United Nations should move to quickly create, an independent investigative mechanism. Civil society groups in and out of Iran have made this request since 2019. An independent mechanism assists with allowing victims to obtain access to justice. I know that the Special Rapporteur has made this request in several of his reports.
As far as regional organizations go – a very silent actor or maybe an ignored actor, but somebody who really should take a step forward is the OIC. The OIC should do more to address these issues taking place within the Islamic Republic given The Cairo Declaration of the Organization of Islamic Cooperation on Human Rights, specifically Article 4 (which discusses Right to Liberty and Safety and not to be subjected to torture), Article 6 (which outlines the Rights of Women), and Article 22 (Right to Access to Justice and Fair Trial) among many other rights are outlined in the Cairo Declaration. The OIC is in a well-suited position to influence Iran to change its grossly unfair and inhumane practices and to ask it to make major reforms to its judicial system, in line with international standards.
It is important to emphasize that no one is alone in their pursuit of justice. There are many groups which are seeking justice and they too are patiently steering the wheels of justice in a favorable direction. For example, the Mayan communities in Guatemala, who were victims of a genocide and crimes against humanity, waited decades for justice before Dictator Rios Montt was finally tried in a court in Guatemala. Although he died after he was convicted, other military leaders from that time period are still being tried. A great contribution to these trials has been the work of the UN Truth Commission and REHMI, (led by the Catholic Church) where the reports produced almost 40 years ago have provided pivotal information in those trials, especially in cases where the victim has passed on and can no longer participate. Their testimony, however, lives on.
Finally, I would like to end by asking you all to take a moment of silence for the people who have lost their lives and have been forever changed by the horrific violence perpetrated at the hands of people like Raisi and Nouri, and for all those who have risked their lives fighting for justice and accountability in Iran, and for the people who are arbitrarily detained in prisons and are facing unjust punishments.
The event is available to view here.
