may be. To the State party’s Government’s
knowledge, the arrests, attacks and killings of
Christians referred to in Dr. Rubenstein’s reports
represent isolated incidents and are related not to
Assyrians, but to evangelistic Christians and
apostates.
practise their religion and to live normal lives
without harassment by Iranian authorities. Although
they may be subject to some continuing
discrimination in the field of housing, education and
employment, there are strong signs of growing effort
on the Iranian Government’s behalf to settle
differences with Assyrian Christians specifically,
and to improve the human rights situation in Iran
generally.
4.16 The State party’s Mission in Iran further
advised that Assyrian Christians, if they abide by the
laws of the land, are able to lead normal and
undisturbed lives. They have not been singled out for
discrimination by the Iranian Government for some
time. Further, it is clear from the State party’s
information that Assyrian Christians have never been
subjected to the same level of harassment as other
minority religions. Assyrian Christians have largely
been allowed to carry out their religious activities
without interference. There are also strong
indications that Assyrian Christians have recently
been able to strengthen their political situation.
President Khatami has met specifically with the
Assyrian Christian Representative of the Majlis
(Parliament), Mr. Shamshoon Maqsudpour, who has
also been able to bring about changes to Iranian law
so as to eliminate any statutory discrimination in the
employment of Christians.
4.20 Thirdly, in relation to the potential effects of
the author’s psychiatric condition, the State party
understands from its Mission in Iran that Iranian
medical authorities have a good understanding of
mental illnesses, that appropriate and comprehensive
care is available in Iran both at home and in hospital
for persons suffering from mental illnesses
(including paranoid schizophrenia). Nor is there any
requirement in the hospital admission process for a
person to advise of their religion, or any evidence
that Assyrian Christians have less than full access to
psychiatric facilities. To the State party’s knowledge,
there is no precedent of persons being arbitrarily
detained or subjected to article 7 violations simply
on account of their mental illnesses.
4.21 The State party submits that it has taken all
possible steps to educate the author about the nature
of his condition, so as to promote his ongoing
adherence to treatment, and would provide him with
all necessary medical documentation for him to
receive continued medical attention once he returns
to Iran. The assertion that he would not pursue
medical treatment upon return to Iran is conjecture,
and the author has at all times cooperated with his
treatment in Australia. As such, it cannot be stated
with any certainty that it is a necessary consequence
of his return to Iran that he will cease treatment.
Even if he did choose to discontinue his medication,
it is not a necessary consequence that he would act in
such a way to risk torture or cruel, inhuman or
degrading treatment or punishment. The nature of
paranoid schizophrenia is such that any violent or
bizarre behaviour is linked directly to the sufferer’s
delusions. Therefore, paranoid schizophrenics do not
display globally and consistently aggressive or
extraordinary behaviours. Any such behaviour is
limited to the object of their delusional thoughts. In
the author’s case, such behaviour has been limited to
very specific persons, and his records do not indicate
a history of generalized aggressive or hysterical
behaviour towards officials or in official settings.
Therefore, the State party does not consider that it is
a necessary consequence of the author returning to
Iran that he will have an adverse reaction to Iranian
authorities.
4.17 The State party also understands that in 1999
the Islamic Human Rights Commission, which is
affiliated with Iran’s judiciary, commenced work on
upgrading the rights of religious minorities in Iran.
This effort should be seen in conjunction with the
commitment made recently by the Iranian
Government to promote respect for the rule of laws,
including the elimination of arbitrary arrest and
detention, and to bring the legal and penitentiary
system into line with international standards.44
4.18 The State party concedes however that the
author and his family were subjected to some
harassment by the “pasdahs” (vigilante youths) in
Iran. On one occasion, he was detained by pasdahs,
questioned in relation to the contents of certain
cassette tapes found in his car, and released within
48 hours after having suffered some blows to his
face. On a second occasion, his family was detained
by pasdahs for approximately 24 hours for having
served alcohol at a party. They were released
without any physical harm. The State party argues
that these events occurred some years ago, and there
is no indication that the pasdahs specifically targeted
the author or his family. These two incidents do not
represent a personal persecution of the author, who
is not a high profile Assyrian Christian.
4.19 The Australian Government submits that the
real situation of an Assyrian Christian in Iran is far
more benign than that described by Dr. Rubenstein.
In most cases, Assyrian Christians are able to
44
4.22 As to the author’s claims under article 9, the
State party also considers them unfounded. It
clarifies at the outset that the “initial detention” ran,
as a matter of law, from his detention on arrival until
E/CN.4/2000/35.
149
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