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Some human rights are not extinguished by death. Like those who protect memory and identity. Perhaps for this reason, lawyer Viviana Krsticevic (born in Comodoro Rivadavia, Argentina), a member of the Independent International Fact-Finding Mission on Iran – established by the United Nations Human Rights Council in November 2022 – always refers to Mahsa Amini also by the first name her family chose for her: Yina (Life). the nickname he could not legally bear in Iran because he was Kurdish. Krsticevic, a human rights expert, and two other jurists are investigating the circumstances of Amini's death in police custody, the lawyer said last week in a telephone conversation from the Czech Republic.
The three researchers are also investigating the fate of the victims of the anti-regime protests, triggered by the fateful end found by the 22-year-old Kurdish woman, three days after she was arrested for wearing the veil incorrectly. Iran has not yet authorized the UN mission to enter its territory when, on September 16, it was one year since the death of Yina Mahsa Amini. Iran's parliament approved a law toughening penalties for women who do not cover their hair, the hijab law and chastity on Wednesday, days after the interview.
Question. What information do you have about Amini's death?
Answer. As analyzed so far by the mission [of the UN Human Rights Council], the State has not guaranteed the right to truth, justice and reparation of the relatives of Yina Mahsa Amini with the answers it has given. [Authorities attributed his death to natural causes.] We continue to gather evidence, but official explanations have been unsatisfactory. Added to this are the harassment of her relatives, journalists and others that add to our concerns about the Government's response to the death of the young woman.
Q. Has there been impunity?
A. In the case of Yina Mahsa Amini, we can confirm this. Regarding the rest of the cases we are investigating, with the information we have, most of the victims have not yet obtained justice.
Q. What figures do you have on those killed during the protests? NGOs estimate more than 500.
A. Part of these figures come from official information that accounts for at least 22,000 pardoned, so at least 22,000 people were arrested. Hundreds of people were later killed in the context of the protests and seven were given the death penalty after unfair trials. The mission had called for those linked to the protests not to be executed, yet the state went ahead. We cannot yet give an exact death toll, but the allegations we have received indicate that there could be more than 500 people.
Q. How did the agents of the State act?
A. We are looking into allegations of serious human rights violations with a special focus on women and girls, including disproportionate use of force, injuries and killings, arbitrary arrests and targeted repression of groups of individuals and associations such as human rights defenders, lawyers and journalists. We are also looking at conditions of detention, including possible torture, sexual and gender-based violence. We have placed emphasis on the study of online violence against women, the right to protest and freedom of expression.
Q. What are your conclusions?
A. Our investigation is not over. We draw attention to the violations of rights linked to discriminatory legal frameworks for the exercise of women's and girls' rights, such as the forced use of the veil and various manifestations of freedom of expression. The mission is studying legislative proposals to increase penalties for those exercising their right to choose whether or not to wear a veil. The penalties for certain acts are already chilling. People who for dancing, for singing, for expressing solidarity with the women's movement are being criminally prosecuted, were sentenced to prison, had their cars confiscated, banned from leaving the country, from using social networks, or from exercising certain professions.
Q. Are there figures?
A. Yes, and they are shocking. According to police figures, between April 15 and June 15, 991,176 text messages were sent to women for failing to observe the mandatory veil law. In the same period, 2,000 vehicles were confiscated. From the beginning of the Iranian New Year [March 21] to August 2, 2,251 cases had been initiated for defying the veil law, of which 825 resulted in a verdict. We have received information about the increase in repression and reprisal actions against women who exercise their freedom of expression in the face of the forced veil. For example, Yina Mahsa's relatives, who have been subjected to very serious harassment, including the father and uncle [detained and missing since 5 September] and those who have investigated the case. These allegations have increased as the anniversary of Yina Mahsa's death approached.
Q. What are these sentences?
A. We are still studying both the processes and their results. Such information is very difficult to obtain, but it is important to look at legislation in light of structural patterns of discrimination in law and practice against women and girls, identified by international human rights law. The laws seem to indicate an interest in educating women and girls to understand their place in society and how far they can make decisions about their lives, the limits of their words, their own bodies and decisions about how to dress, speak, sing or exercise the right to grieve. Some of these limits could run counter to the state's human rights obligations.
Q. Are you referring to the hijab and chastity bill?
A: Parliament is still considering two laws on the subject, one is that of hijab and chastity; and the other is that relating to discretionary punishments [a category that can be applied to punish any type of conduct, even if it is not punishable by other laws] that stiffen prison sentences, which can reach up to 10 years in prison, and also corporal punishment, prohibited by international law.
Q. Iran's penal code already provides for 74 lashes for not wearing a veil if there is a repeat offence.
A. According to the studies carried out by the mission, if these new laws are issued, this punishment can be applied without recidivism. Under the current penal code, failure to comply with this rule [of the veil] was generally not punishable by whipping or such high prison sentences. The reform would strengthen penalties so that women and girls are subject to longer prison sentences for mere non-compliance. They also include a number of limitations, such as a woman being placed under supervision for six months, community service, financial penalties or being prohibited from using a vehicle or checkbook. We therefore call for further study of these proposed legislation in the light of the obligations assumed by the Islamic Republic of Iran under international human rights law. From the mission we believe that there is a universal aspiration for dignity and rights that must be met by the [Iranian] Government and the international community.
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