Statement by

Mr. Mohammad Sadegh Talebizadeh Sardari

Attaché

Ministry of Foreign Affairs of the Islamic Republic of Iran

Before the Sixth Committee, UNGA 77

On Agenda item 74: “Criminal accountability of the United Nations officials and experts on mission”

New York, 4 October 2022

In the Name of God, the Compassionate, the Merciful.

Mr. Chairperson,

At the outset, I would like to extend my appreciation to the Secretary-General for his report contained in documents A/77/237 and A/77/225.

I align myself with the statement delivered on behalf of the Non-Aligned Movement and I would like to deliver the following in my national capacity.

The Islamic Republic of Iran strongly supports efforts by the UN and its Member States to preserve the credibility, reputation and integrity of the UN system by bringing the perpetrators of any crimes among the UN officials and experts on mission to justice with the aim to combat impunity. It is obvious that those minor crimes do not diminish the valuable contributions and sacrifices that have been made by United Nations officials and experts on mission to fulfil the purposes of the Charter. We also express our steadfast support to the United Nations’ zero-tolerance policy on Sexual Exploitation and Abuse (SEA).

I would like to highlight the Islamic Republic of Iran’s legislative measures to give effect to its obligations under the UN Charter as well as other relevant instruments, such as the 1946 Convention on the Privileges and Immunities of the United Nations.

We would also like to underscore our longstanding position that the state of nationality is the appropriate forum for the prosecution of alleged crimes. As has been emphasized by resolution A/76/106, it is incumbent upon the Member States to bridge jurisdictional gaps as well as to predict the necessary legal bases for mutual legal assistance and extradition for the institution of criminal proceedings.

We take note that there is no dispute among States concerning the need to ensure accountability for UN officials and experts on mission who have committed criminal offences; however, there exists no consensus on the future of work. We encourage delegations to form a solution sooner rather than later. In order to ensure a coherent and coordinated policy among the United Nations, It is necessary for the Host Countries and the contributor countries to take an effective response to the existing deficiencies so as to achieve accountability and eliminate impunity. This coordination of policies will ensure the appropriate implementation of the “principle of prohibition of double trial and punishment” (Non bis in idem) while conducting disciplinary measures by the UN and criminal proceedings by state of nationality which are strictly observed.

Mr. Chairperson,

As has been reflected in the report of the Secretary-General contained in document A/77/225, the Penal Code as well as the Law of Criminal Procedure of the Islamic Republic of Iran provide legal bases necessary for an effective prosecution of crimes committed by Iranian nationals wherever they have committed such crimes, including those serving as UN officials or experts on mission. Our criminal system is committed to ensuring that Iranian nationals are not able to escape from justice under the pretext of immunity for the alleged crimes that they mght have committed.

The Islamic Republic of Iran asserts extraterritorial jurisdiction over crimes committed abroad by its nationals based on the principle of nationality, if that offence has been recognized by the Iranian Penal Code. In addition, criminal judicial assistance as well as extradition are permitted by our criminal law based on both bilateral and multilateral treaties as well as the principle of reciprocity in the absence of such agreements on a case-by-case basis. Our Law of Criminal Procedure also predicts effective protection for witnesses and victims who provide information in relation to crimes.

In conclusion, Mr. Chairperson, my delegation believes promoting willingness among States, providing legal bases under national laws and systematic cooperation among the UN Secretariat, Host Countries as well as contributing States in the prevention, prosecution and punishment of UN officials and experts on mission, in cases where any crime has been committed should be the priority of the UN and its Member States on this specific matter.

Thank you