理事会决定2011/235/CFSP,就伊朗形势针对某些人和实体的限制性措施

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32011D0235

OJ编号:OJ L 100, 14.4.2011, p. 51-57

中文标题:理事会决定2011/235/CFSP,就伊朗形势针对某些人和实体的限制性措施

原文标题:Council Decision 2011/235/CFSP of 12 April 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran

分类:18_共同的对外政策和防务政策

文件类型:二级立法 Decision|决定

生效日期:2011-04-12

废止日期:2014-04-13

法规全文:查看欧盟官方文件

HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
14.4.2011 Official
Journal
of
the
European
Union L
100/51
DECISIONS
COUNCIL DECISION 2011/235/CFSP
of 12 April 2011
concerning restrictive measures directed against certain persons and entities in view of the situation
in Iran
THE COUNCIL OF THE EUROPEAN UNION,
HAS ADOPTED THIS DECISION:
Article 1
Having regard to the Treaty on European Union, and in
particular Article 29 thereof,
1. Member
States
shall
take
the
necessary
measures
to
prevent the entry into, or transit through, their territories of
the persons responsible for serious human rights violations in
Iran, and persons associated with them, as listed in the Annex.
Whereas:
2. Paragraph
1
shall
not
oblige
a
Member
State
to
refuse
its
(1) On
21
March
2011,
the
Council
reiterated
its
deep own nationals entry into its territory.
concern about the deterioration of the human rights
situation in Iran.
3. Paragraph
1
shall
be
without
prejudice
to
the
cases
where
a Member State is bound by an obligation of international law,
namely:
(2) The
Council
underlined
in
particular
the
dramatic
increase in executions in recent months and the
systematic repression of Iranian citizens, who face
(a) as a host country to an international intergovernmental
harassment and arrests for exercising their legitimate
organisation;
rights to freedom of expression and peaceful assembly.
The Union also reiterated its strong condemnation of the
use of torture and other cruel, inhuman and degrading
(b) as a host country to an international conference convened
treatment.
by, or under the auspices of, the United Nations;
(c) under a multilateral agreement conferring privileges and
(3)
In this context, the Council reaffirmed its determination
immunities; or
to continue to address human rights abuses in Iran and
declared its readiness to introduce restrictive measures
targeted against those responsible for grave human
(d) under the 1929 Treaty of Conciliation (Lateran pact)
rights violations in Iran.
concluded by the Holy See (State of the Vatican City) and
Italy.
(4) The
restrictive
measures
should
target
persons
complicit
in or responsible for directing or implementing grave
4. Paragraph 3 shall be considered as also applying in cases
human rights violations in the repression of peaceful
where a Member State is host country to the Organisation for
demonstrators, journalists, human rights defenders,
Security and Cooperation in Europe (OSCE).
students or other persons who speak up in defence of
their legitimate rights, including freedom of expression,
as well as persons complicit in or responsible for
5. The
Council
shall
be
duly
informed
in
all
cases
where
a
directing or implementing; grave violations of the right
Member State grants an exemption pursuant to paragraph 3
to due process, torture, cruel, inhuman and degrading
or 4.
treatment, or the indiscriminate, excessive and increasing
application of the death penalty, including public
executions, stoning, hangings or the execution of
6. Member
States
may
grant
exemptions
from
the
measures
juvenile offenders in contravention of Iran’s international
imposed under paragraph 1 where travel is justified on the
human rights obligations.
grounds of urgent humanitarian need, or on grounds of
attending intergovernmental meetings, including those
promoted by the Union, or hosted by a Member State
holding the Chairmanship in office of the OSCE, where a
(5) Further action by the Union is needed in order to
political dialogue is conducted that directly promotes
implement certain measures,
democracy, human rights and the rule of law in Iran.

L 100/52
EN
Official Journal of the European Union
14.4.2011
7. A
Member
State
wishing
to
grant
exemptions
as
referred The Member State concerned shall inform the other Member
to in paragraph 6 shall notify the Council in writing. The
States and the Commission of any authorisation granted under
exemption shall be deemed to be granted unless one or more
this paragraph.
of the Council Members raises an objection in writing within 2
working days of receiving notification of the proposed
exemption. Should one or more of the Council Members raise
an objection, the Council, acting by a qualified majority, may
4. By
way
of
derogation
from
paragraph
1,
the
competent
nevertheless decide to grant the proposed exemption.
authorities of a Member State may authorise the release of
certain frozen funds or economic resources, provided that the
following conditions are met:
8. In cases where pursuant to paragraphs 3, 4, 6 or 7, a
Member State authorises the entry into, or transit through, its
(a) the funds or economic resources are the subject of a
territory of persons listed in the Annex, the authorisation shall
judicial, administrative or arbitral lien established prior to
be limited to the purpose for which it is given and to the
the date on which the person or entity referred to in
persons concerned thereby.
paragraph 1 was listed in the Annex, or of a judicial, admin
istrative or arbitral judgment rendered prior to that date;
Article 2
1. All
funds
and
economic
resources
belonging
to,
owned, (b) the funds or economic resources will be used exclusively to
held or controlled by persons responsible for serious human
satisfy claims secured by such a lien or recognised as valid
rights violations in Iran, and all funds and economic
in such a judgment, within the limits set by applicable laws
resources belonging to, owned, held or controlled by persons
and regulations governing the rights of persons having such
and entities associated with them, as listed in the Annex, shall
claims;
be frozen.
(c) the lien or judgment is not for the benefit of a person or
2. No
funds
or
economic
resources
shall
be
made
available,
entity listed in the Annex; and
directly or indirectly, to or for the benefit of the persons and
entities listed in the Annex.
(d) recognising the lien or judgement is not contrary to public
policy in the Member State concerned.
3. The
competent
authority
of
a
Member
State
may
authorise
the release of certain frozen funds or economic resources, or the
making available of certain funds or economic resources, under
The Member State concerned shall inform the other Member
such conditions as it deems appropriate, after having
States and the Commission of any authorisation granted under
determined that the funds or economic resources concerned are:
this paragraph.
(a) necessary to satisfy the basic needs of the persons listed in
5. Paragraph
1
shall
not
prevent
a
listed
person
or
an
entity
the Annex and their dependent family members, including
from making a payment due under a contract entered into prior
payments for foodstuffs, rent or mortgage, medicines and
to the date on which such person or entity was listed in the
medical treatment, taxes, insurance premiums, and public
Annex, provided that the Member State concerned has
utility charges;
determined that the payment is not directly or indirectly
received by a person or entity referred to in paragraph 1.
(b) intended exclusively for the payment of reasonable profes
sional fees and the reimbursement of incurred expenses
6. Paragraph
2
shall
not
apply
to
the
addition
to
frozen
associated with the provision of legal services;
accounts of:
(c) intended exclusively for the payment of fees or service
(a) interest or other earnings on those accounts; or
charges for the routine holding or maintenance of frozen
funds or economic resources; or
(b) payments due under contracts, agreements or obligations
that were concluded or arose prior to the date on which
(d) necessary for extraordinary expenses, provided that the
those accounts became subject to the measures provided for
competent authority has notified the competent authorities
in paragraphs 1 and 2;
of the other Member States and the Commission of the
grounds on which it considers that a specific authorisation
should be granted, at least 2 weeks prior to the authori
provided that any such interest, other earnings and payments
sation.
remain subject to the measures provided for in paragraph 1.

EN
14.4.2011 Official
Journal
of
the
European
Union L
100/53
Article 3
address if known, and function or profession. With regard to
entities, such information may include names, place and date of
1. The Council, acting upon a proposal by a Member State
registration, registration number and place of business.
or the High Representative of the Union for Foreign Affairs and
Security Policy, shall establish and amend the list in the Annex.
Article 5
2. The
Council
shall
communicate
its
decision,
including
the In order to maximise the impact of the measures provided for
grounds for listing, to the person or the entity concerned, either
in this Decision, the Union shall encourage third States to adopt
directly, if the address is known, or through the publication of a
similar restrictive measures.
notice, providing such person or entity with an opportunity to
present observations.
Article 6
This Decision shall enter into force on the day of its adoption.
3. Where
observations
are
submitted,
or
where
substantial
new evidence is presented, the Council shall review its
This Decision shall apply until 13 April 2012. It shall be kept
decision and inform the person or entity concerned accordingly.
under constant review. It shall be renewed, or amended as
appropriate, if the Council deems that its objectives have not
Article 4
been met.
1. The
Annex
shall
include
the
grounds
for
listing
the
persons and entities concerned.
Done at Luxembourg, 12 April 2011.
2. The
Annex
shall
also
contain,
where
available,
the
information necessary to identify the persons or entities
For the Council
concerned. With regard to persons, such information may
include names, including aliases, date and place of birth,
The President
nationality, passport and identity card numbers, gender,
C. ASHTON

L 100/54
EN
Official Journal of the European Union
14.4.2011
ANNEX
List of persons and entities referred to in Articles 1 and 2
Persons
Name Identifying
information Reasons
Date of
listing
1. AHMADI-MOQADDAM POB: Tehran (Iran) - Chief of Iran’s National Police. Forces under his
Esmail
DOB: 1961
command led brutal attacks on peaceful
protests, and a violent night time attack on
the dormitories of Tehran University on June
15, 2009.
2. ALLAHKARAM
Hossein Ansar-e
Hezbollah
Chief
and
Colonel
in
the
IRGC. He co-founded Ansar-e Hezbollah. This
paramilitary force was responsible for extreme
violence during crackdown against students and
universities in 1999, 2002 and 2009.
3. ARAGHI
(ERAGHI)
Deputy Head of IRGC’s Ground Forces.
Abdollah
He had a direct and personal responsibility in
the crackdown of protests all through the
Summer of 2009.
4. FAZLI
Ali Deputy
Commander
of
the
Basij,
former
Head
of the IRGC’s Seyyed al-Shohada Corps, Tehran
Province (until February 2010). The Seyyed al-
Shohada Corps is in charge of security in
Tehran province and played a key role in
brutal repression of protesters in 2009.
5. HAMEDANI
Hossein Head
of
the
IRGC’s
Rassoulollah
Corps
in
charge of Greater Tehran since November
2009. The Rassoulollah Corps is in charge of
security in greater Tehran, and played a key role
in violent suppression of protesters in 2009.
Responsible for the crackdown of protests
through Ashura events (December 2009) and
since.
6. JAFARI
Mohammad-Ali POB: Yazd (Iran) - General Commander of the IRGC. IRGC and the
(a.k.a. “Aziz Jafari”)
DOB: 1.9.1957
Sarollah Base commanded by General Aziz
Jafari has played a key role in illegally inter
fering with the 2009 Presidential Elections,
arresting and detaining political activists, as
well as clashing with protestors in the streets.
7. KHALILI
Ali IRGC
General,
Head
of
the
Medical
Unit
of
Sarollah Base. He signed a letter sent to the
Ministry of Health June 26 2009 forbidding
the submission of documents or medical
records to anyone injured or hospitalized
during post-elections events.
8. MOTLAGH
Bahram
Head of the IRGC’s Seyyed al-Shohada Corps,
Hosseini
Tehran Province. The Seyyed al-Shohada Corps
played a key role in organising the repression of
protests.

EN
14.4.2011 Official
Journal
of
the
European
Union L
100/55
Name Identifying
information Reasons
Date of
listing
9. NAQDI
Mohammad-Reza POB: Najaf (Iraq) – Commander of the Basij. As commander of the
DOB: Circa 1952
IRGC’s Basij Forces, Naqdi was responsible for
or complicit in Basij abuses occurring in late
2009, including the violent response to the
December 2009 Ashura Day protests, which
resulted in up to 15 deaths and the arrests of
hundreds of protesters.
Prior to his appointment as commander of the
Basij in October 2009, Naqdi was the head of
the intelligence unit of the Basij responsible for
interrogating those arrested during the post-
election crackdown.
10. RADAN
Ahmad-Reza POB:
Isfahan
(Iran)
–
Deputy Chief of Iran’s National Police. As
DOB:1963
Deputy Chief of National Police since 2008,
Radan was responsible for beatings, murder,
and arbitrary arrests and detentions against
protestors that were committed by the police
forces.
11. RAJABZADEH
Azizollah Former
Head
of
Tehran
Police
(until
January
2010). As Commander of the Law Enforcement
Forces in the Greater Tehran, Azizollah
Rajabzadeh is the highest ranking accused in
the case of abuses in Kahrizak Detention
Center.
12. SAJEDI-NIA
Hossein Head
of
Tehran
Police,
former
Deputy
Chief
of
Iran’s National Police responsible for Police
Operations. He is in charge of coordinating,
for the Ministry of Interior, repression
operations in the Iranian capital.
13. TAEB
Hossein POB:
Tehran
-
Former Commander of the Basij (until October
DOB: 1963
2009). Currently deputy IRGC commander for
intelligence. Forces under his command
participated in mass beatings, murders,
detentions and tortures of peaceful protestors.
14. SHARIATI
Seyeed
Hassan Head
of
Mashhad
Judiciary.
Trials
under
his
supervision have been conducted summarily
and inside closed sessions, without adherence
to basic rights of the accused, and with
reliance on confessions extracted under
pressure and torture. As execution rulings
were issued en masse, death sentences were
issued without proper observance of fair
hearing procedures.
15. DORRI-NADJAFABADI POB: Najafabad (Iran) Former Prosecutor General of Iran until
Ghorban-Ali
- DOB: 1945
September 2009 (former Intelligence minister
under Khatami presidency). As Prosecutor
General of Iran, he ordered and supervised the
show trials following the first post-election
protests, where the accused were denied their
rights, an attorney. He also carries responsibility
for the Kahrizak abuses..
16. HADDAD
Hassan
Judge, Tehran Revolutionary Court, branch 26.
(alias Hassan ZAREH
He was charge of the detainee cases related to
DEHNAVI)
the post election crises and regularly threatened
families of detainees in order to silence them.
He has been instrumental in issuing detention
orders to the Kahrizak Detention Centre.

L 100/56
EN
Official Journal of the European Union
14.4.2011
Name Identifying
information Reasons
Date of
listing
17. Hodjatoleslam
Seyed
Judge, Mashhad Revolutionary Court. Trials
Mohammad SOLTANI
under his jurisdiction have been conducted
summarily and inside closed session, without
adherence to basic rights of the accused. As
execution rulings were issued en masse, death
sentences were issued without proper
observance of fair hearing procedures.
18. HEYDARIFAR
Ali-Akbar Judge,
Tehran
Revolutionary
Court.
He
participated in protesters trial. He was ques
tioned by the Judiciary about Kahrizak
exactions. He was instrumental in issuing
detention orders to consign detainees to
Kahrizak Detention Centre
19. JAFARI-DOLATABADI
Prosecutor general of Tehran since August
Abbas
2009. Dolatabadi’s office indicted a large
number of protesters, including individuals
who took part in the December 2009 Ashura
Day protests. He ordered the closure of
Karroubi’s office in September 2009 and the
arrest of several reformist politicians, and he
banned two reformist political parties in June
2010. His office charged protesters with the
charge of Muharebeh, or enmity against God,
which carries a death sentence, and denied due
process to those facing the death sentence. His
office has also targeted and arrested reformists,
human rights activists, and members of the
media, as part of a broad crackdown on the
political opposition.
20. MOGHISSEH
Mohammad
Judge, Head of Tehran Revolutionary Court,
(a.k.a. NASSERIAN)
branch 28. He is in charge of post-election
cases. He issued long prison sentences during
unfair trials for social, political activists and
journalists and several death sentences for
protesters and social and political activists.
21. MOHSENI-EJEI Gholam- POB: Ejiyeh -DOB: Prosecutor General of Iran since September
Hossein
circa 1956
2009 and spokesman of the Judiciary (former
Intelligence minister during the 2009 elections).
While he was Intelligence minister during the
election, intelligence agents under his command
were responsible for detention, torture and
extraction of false confessions under pressure
from hundreds of activists, journalists,
dissidents, and reformist politicians. In
addition, political figures were coerced into
making false confessions under unbearable
interrogations, which included torture, abuse,
blackmail, and the threatening of family
members.
22. MORTAZAVI
Said POB:
Meybod,
Yazd
Head of Iran’s Anti-smuggling Task Force,
(Iran) - DOB: 1967
former Prosecutor general of Tehran until
August 2009. As Tehran Prosecutor General,
he issued a blanket order used for detention
of hundreds of activists, journalists and
students. He was suspended from office in
August 2010 after an investigation by the
Iranian judiciary of his role in the deaths of
three men detained on his orders following
the election.

EN
14.4.2011 Official
Journal
of
the
European
Union L
100/57
Name Identifying
information Reasons
Date of
listing
23. PIR-ABASSI
Abbas Tehran
Revolutionary
Court,
branches
26
and
28. He is in charge of post-election cases, he
issued long prison sentences during unfair trials
against human rights activists and has issued
several death sentences for protesters.
24. MORTAZAVI
Amir Deputy
Prosecutor
of
Mashhad.
Trials
under
his
prosecution have been conducted summarily
and inside closed session, without adherence
to basic rights of the accused. As execution
rulings were issued en masse, death sentences
were issued without proper observance of fair
hearing procedures.
25. SALAVATI
Judge, Head of Tehran Revolutionary Court,
Abdolghassem
branch 15. In charge of the post-election
cases, he was the Judge presiding the “show
trials” in summer 2009, he condemned to
death two monarchists that appeared in the
show trials. He has sentenced more than a
hundred political prisoners, human rights
activists and demonstrators to lengthy prison
sentences.
26. SHARIFI
Malek
Adjar Head
of
East
Azerbaidjan
Judiciary.
He
was
responsible for Sakineh Mohammadi-Ashtiani’s
trial.
27. ZARGAR
Ahmad Judge,
Tehran
Appeals
Court,
branch
36.
He
confirmed long-term jail warrants and death
warrants against protesters.
28. YASAGHI
Ali-Akbar Judge,
Mashhad
Revolutionary
Court.
Trials
under his jurisdiction have been conducted
summarily and inside closed session, without
adherence to basic rights of the accused. As
execution rulings were issued en masse, death
sentences were issued without proper
observance of fair hearing procedures.
29. BOZORGNIA
Mostafa
Head of ward 350 of Evin Prison. He unleashed
on a number of occasions disproportionate
violence upon prisoners.
30. ESMAILI
Gholam-Hossein Head
of
Iran’s
Prisons
Organisation.
In
this
capacity, he was complicit to the massive
detention of political protesters and covering
up abuses performed in the jailing system.
31. SEDAQAT
Farajollah Assistant
Secretary
of
the
General
Prison
Administration in Tehran - Former Head of
Evin’s prison, Tehran until October 2010
during which time torture took place. He was
warden and threatened and exerted pressure on
prisoners numerous times.
32. ZANJIREI
As Deputy Head of Iran’s Prisons Organisation,
Mohammad-Ali
responsible for abuses and deprivation of rights
in detention center. He ordered the transfer of
many inmates into solitary confinement.

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