C Explanatory memorandum by Mr Pablo
Hispán, rapporteur for opinionNote
1 Introduction
1. Iran has been a threat to peace
in the Middle East since 1979. The regime has used terrorism and supported
terrorist organisations such as Hamas and Hezbollah. The repression
of women, the political opposition, religious minorities and the
LGBTI community has resulted in tens of thousands of deaths. Furthermore,
Iran retains the death penalty and uses it frequently. The Islamic
Republic of Iran is a regime whose very nature, including with regard
to the role of women and their freedoms, constitutes an attack on
all the values promoted by the Council of Europe. Fresh news of
the regime’s brutal conduct emerges all the time: only last week,
female Iranian singer Parastoo Ahmadi was reportedly sentenced to
74 lashes, simply for singing without wearing a hijab.
2. I would like to congratulate Mr Lucks for his report, which
provides a thorough account of the destructive acts of the Islamic
Republic of Iran. I am grateful for his account of the Iranian Government’s
repression of its own people, both at home and abroad, as well as
its destabilising role in the Middle East. The report rightly recalls
that, as a provider of weapons to the Russian Federation to sustain
its war of aggression against Ukraine, as well as its widespread
hybrid threats in Council of Europe member States, the Iranian regime
also poses a significant threat to European security. I am pleased
that the report refers to the Iranian Government’s shockingly widespread
use of the death penalty as a tool of political repression, as the
death penalty continues to be a highly important subject in the
work of the Committee on Legal Affairs and Human Rights and the Parliamentary
Assembly as a whole (most recently in
Resolution 2651 (2026) “Towards the universal abolition of the death
penalty in all circumstances”). Indeed, since the finalisation of
Mr Lucks’ work, reports about the use of the death penalty in Iran
have become even darker: last month Amnesty International published
figures indicating that 2 159 people were executed in the country
in 2025, more than double the number for 2024.
Note
3. The deeply repressive actions of the Iranian government within
Iran are in clear breach of its international obligations, including
the International Covenant on Civil and Political Rights (which
was ratified by Iran in 1975). Since the report was finalised in
May 2026, the Iranian government’s lifting of internet restrictions
have led to even more human rights violations coming to light.
4. My first proposed amendment highlights the Islamic Republic
of Iran’s particularly strong persecution of particular groups.
Numerous reports indicate that women, the political opposition,
religious minorities, and the LGBTI community are ruthlessly targeted.
This persecution is anathema to the values of the Council of Europe and
I propose that this is mentioned specifically in the draft resolution.
5. My second proposed amendment aims to establish the Assembly’s
position that the repression conducted by the Iranian authorities
since December 2025 may constitute crimes against humanity. The prohibition
of crimes against humanity forms part of customary international
law and is widely recognised as a peremptory norm of international
law (
jus cogens).
Note Although Iran has not ratified
the Rome Statute of the International Criminal Court, the prohibition
of crimes against humanity is universally applicable to all States.
It is therefore appropriate for international bodies such as the
Assembly to identify and denounce instances of this crime, which
constitutes a gross violation of human dignity and the fundamental
values of the international community.
6. Article 7 of the Rome Statute defines crimes against humanity
as any of the following acts when committed as part of a widespread
or systematic attack directed against any civilian population, with
knowledge of the attack:
- murder;
- extermination;
- enslavement;
- deportation or forcible transfer of population;
- imprisonment or other severe deprivation of physical liberty
in violation of fundamental rules of international law;
- torture;
- rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of
comparable gravity;
- persecution against any identifiable group or collectivity
on political, racial, national, ethnic, cultural, religious, gender
or other grounds that are universally recognised as impermissible
under international law, in connection with any act referred to
in this paragraph or any crime within the jurisdiction of the International
Criminal Court;
- enforced disappearance of persons;
- the crime of apartheid;
- other inhumane acts of a similar character intentionally
causing great suffering, or serious injury to body or to mental
or physical health.
7. The report of Mr Lucks suggests that the criteria for crimes
against humanity, as defined in the Rome Statute, may be fulfilled.
The explanatory memorandum describes credible reports that tens
of thousands of civilians have been killed due to their real or
perceived political opposition to the regime; that tens of thousands have
been injured; that over 50 000 have been arrested; that the death
penalty has been used against multiple political prisoners; that
detainees have been subjected to forcible disappearances and torture;
that in addition to groups with certain political beliefs, ethnic
and religious minorities are particularly exposed to repressive practices;
and that women and girls face systemic discrimination under the
Islamic Republic’s legal and political framework.
8. The United Nations Independent International Fact-Finding
Mission on the Islamic Republic of Iran concluded that the contextual
elements for crimes against humanity were also present. Notably:
the attack was directed against the civilian population; it was
“widespread”, based on the number and variety of victims and the
prevalence across the country of the recurring patterns of violations
amounting to crimes; it was “systematic” because of the organised
nature of the crimes and the improbability of their random occurrence; and
the acts were committed in furtherance of a State policy, evidenced
by official statements, court rulings, impunity, and the State’s
failure to condemn violations. It is difficult to disagree with
these assessments.
Note
9. The Assembly should therefore draw the appropriate conclusion.
10. My third proposed amendment addresses Iran’s disgraceful and
illegal practice of taking foreign nationals as hostages. The scale
of this problem is difficult to estimate, due to the absence of
a consistent international classification framework applicable to
data available from governments, as well as a reluctance by some
governments to make such data publicly available.
Note However,
some press reports indicate that as of 2025, eight Europeans were
held as hostages by Iran.
Note A 2023 UK Parliamentary
Report cited information to suggest that, since May 2011, there
has always been at least one UK national detained in Iran, to be
used as leverage.
Note The
practice of hostage-taking is normally carried out by non-State
actors, such as criminal and terrorist organisations. The fact that
the Islamic Republic of Iran engages in this activity is a further demonstration
of its moral bankruptcy.
11. Finally, I propose a final minor amendment relating to transnational
repression. This subject has been a matter of deep concern to our
committee, which has adopted reports on the topic in 2023 and 2026.
2 Explanatory notes
2.1 Amendment A (to
the draft resolution)
The amendment would highlight the particularly vicious repression
of certain groups by the Islamic Republic of Iran. The targeting
of persons based on their gender, political association, religious
beliefs, or sexual orientation goes against the very core of the
values of the Council of Europe. It is appropriate that this aspect of
the repression is reflected in the draft resolution.
2.2 Amendment B (to
the draft resolution)
The amendment would establish the position of the Assembly
that the repression conducted by the Iranian authorities since December
2025 may constitute crimes against humanity under international
law. This is justified by the contents of Mr Lucks’ report, which
provide a factual basis to conclude that the attacks on civilians
carried out by the Islamic Republic of Iran meet the definition
of crimes against humanity under Article 7 of the Rome Statute (see
above for further details). It should be noted that the United Nations Independent
International Fact-Finding Mission on the Islamic Republic of Iran
has concluded that crimes against humanity had taken place.
2.3 Amendment C (to
the draft resolution)
The amendment calls for a common international strategy to
combat hostage-taking by Iran. The international community may not
be in a position to force Iran to stop this practice: but it can
and should co-ordinate an effective common approach between governments.
This would put victims in the best possible position to be released
and minimise the prospect of Iran repeating these illegal acts.
2.4 Amendment D (to
the draft resolution)
The amendment aims to ensure that the full list of the Assembly’s
recommendations to States on the combating of transnational repression
applies in the fight against Iran’s transnational repression. This
will ensure that the Assembly’s recommendations are comprehensive
and consistent between different texts.
