Released by the Bureau of Democracy, Human Rights,
and Labor
U.S. State Department, March 11, 2008
The Islamic Republic of Iran*, with a population of
approximately 70 million, is a constitutional, theocratic republic in which
Shi'a Muslim clergy dominate the key power structures. Government legitimacy is
based on the twin pillars of popular sovereignty-–albeit restricted--and the
rule of the Supreme Leader of the Islamic Revolution. The current supreme
leader, Ayatollah Ali Khamenei, was not directly elected but chosen by a
directly-elected body of religious leaders, the Assembly of Experts, in 1989.
Khamenei dominated the legislative, executive, and judicial branches of
government. He directly controlled the armed forces and indirectly controlled
the internal security forces, the judiciary, and other key institutions. The
legislative branch is the popularly elected 290-seat Islamic Consultative
Assembly, or Majles. An unelected 12-member Guardian Council reviewed all
legislation passed by the Majles for adherence to Islamic and constitutional
principles and also screened presidential and Majles candidates for eligibility.
In 2005 hardline conservative Mahmoud Ahmadi-Nejad won the presidency in an
election widely viewed by the international community as neither free nor fair.
The civilian authorities did not maintain fully effective control of the
security forces.
The government's poor human rights record worsened, and it continued to
commit numerous, serious abuses. The government severely limited citizens' right
to change their government peacefully through free and fair elections. There
were reports of unjust executions after unfair trials. Security forces committed
acts of politically motivated abductions; torture and severe
officially-sanctioned punishments, including death by stoning; amputation;
flogging; and excessive use of force against and imprisonment of demonstrators.
Vigilante groups with ties to the government committed acts of violence. Prison
conditions remained poor. Security forces arbitrarily arrested and detained
individuals and held political prisoners and women's rights activists. There was
a lack of judicial independence and of fair public trials. The government
severely restricted civil liberties, including freedoms of speech, press,
assembly, association, movement, and privacy. The government placed severe
restrictions on freedom of religion. Official corruption and a lack of
government transparency persisted. Violence and legal and societal
discrimination against women, ethnic and religious minorities, and homosexuals;
trafficking in persons; and incitement to anti-Semitism remained problems. The
government severely restricted workers' rights, including freedom of association
and the right to organize and bargain collectively, and child labor remained a
serious problem. On December 18, for the fifth consecutive year, the UN General
Assembly adopted a resolution expressing "deep concern at ongoing systematic
violations of human rights."
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were reports that the government and its agents committed arbitrary or
unlawful killings.
Baluchi groups in the southeastern province of Sistan va Baluchestan alleged
numerous executions during the year after reportedly unfair trials for attacks
against government officials. A September Amnesty International (AI) report
estimated that authorities executed at least 50 Baluchis since the beginning of
the year, almost all following the February 14 bombing in Zahedan of a bus
carrying members of the Islamic Revolutionary Guard Corps (IRGC), which killed
11 IRGC members. On February 15, the militant opposition group Jundallah claimed
responsibility for the attack. Many of those executed following the bombing made
televised "confessions" of responsibility, which Baluchi groups alleged were
extracted under torture. According to AI, Baluchi groups alleged that
authorities sought to dispel the appearance of ethnic targeting by taking
Baluchis to other provinces to execute them after human rights groups drew
attention to the rise in executions of Baluchis.
On June 13, according to AI, Vahid Mir Baluchzahi was found dead in Zahedan,
Sistan va Baluchestan province, after going missing on February 14, the same day
the bus bombing killed 11 IRGC members in the same province. At year's end the
government had not initiated an investigation.
During the year the government executed at least 11 Ahvazi Arabs in Khuzestan
province in connection with bombings in that province in 2005 and 2006. NGOs and
human rights groups outside the country condemned the executions, stating that
the accused did not receive fair trials. On January 10, three UN independent
experts released a joint statement condemning the executions. Philip Alston, the
UN Special Rapporteur (UNSR) on extrajudicial, summary, or arbitrary executions;
Leandro Despouy, the UNSR on the independence of judges and lawyers; and Manfred
Nowak, the UNSR on torture, jointly called on the government to halt the
imminent executions of seven Ahvazi Arabs and grant them fair and public
hearings. The UNSRs alleged that authorities used torture to extract the
confessions of the accused, and that defense lawyers were not allowed access to
the accused during trial and were themselves threatened with charges of "acting
against national security." It was not known if all seven were executed at
year's end.
During the year there were reports of other killings by government forces.
For example, on May 16, members of the Law Enforcement Forces (LEF) reportedly
shot and killed 11-year-old Roya Sarani, according to eyewitness reports cited
by AI. LEF forces reportedly stopped her father's car as he was driving her and
her brother home from school and opened fire for unknown reasons. LEF forces
also reportedly wounded Roya's brother, Elyas, in the incident.
On October 13, Zahra Bani-Ameri (also known as Zahra Bani-Yaghoub), a
27-year-old female physician, died while in custody in the town of Hamedan.
Security forces arrested her and her fiancé in a public park in the city of
Hamedan on charges of having an "illegal relationship." The next day, officals
informed her family that she committed suicide while in detention.
NGOs and international newspapers estimate that authorities executed
approximately 298 individuals during the year following unfair trials. Exiles
and human rights monitors alleged that many of those supposedly executed for
criminal offenses, such as narcotics trafficking, were political dissidents. The
law criminalized dissent and applied the death penalty to offenses such as
apostasy, "attempts against the security of the state," "outrage against
high-ranking officials", and "insults against the memory of Imam Khomeini and
against the Supreme Leader of the Islamic Republic."
The number of public executions increased during the year, including the
August 2 public executions of Majid Kavousifar and Hossein Kavousifar, who were
convicted of killing a revolutionary court judge in 2005. Many public executions
were also broadcast on state television.
The government continued to execute minors and juvenile offenders. On
September 17, UN Commissioner for Human Rights Louise Arbour called on the
government to end the practice of juvenile executions. According to AI, there
were more than 71 juvenile offenders on death row in the country at year's end,
and more than 15 have been executed since 2004.
For example, on April 22, authorities executed 20-year-old Syed Mohammad Reza
Mousavi in Shiraz for a murder he allegedly committed when he was 16. His family
was not notified of the execution and did not see him before it took place.
According to Human Rights Watch (HRW), Mousavi was wrongly tried in an adult
court instead of the special juvenile court.
On May 22, authorities executed 17-year-old Sa'id Qanbar Zahi in Zahedan,
following his televised "confession" of involvement in bombings, carjacking, and
murder. HRW reported that his arrest, confession, trial, sentencing, and
execution all took place within a few weeks.
On October 17, authorities hanged 18-year-old Hoseyn Gharabagloo for
allegedly killing a 20-year-old man in a scuffle when he was 15. Security forces
arrested and detained Gharabagloo in 2004, but he escaped detention prior to his
April 2005 trial. In November 2006 security forces recaptured Gharabagloo and
sentenced him to death. He appealed, but the Supreme Court confirmed his
sentence in December 2006.
On December 4, authorities executed Iranian Kurdish juvenile offender Makwan
Moloudzadeh, age 20, after what AI reported as a "grossly flawed trial" for
allegedly raping three individuals when he was 13. AI noted that the alleged
victims withdrew their accusations before Moloudzadeh was convicted and
sentenced.
There was a reported case of execution by stoning during the year, despite a
judiciary moratorium on the practice. Stoning remained a legal form of
punishment. On July 5, officials in the Qazvin province carried out a death
sentence by stoning against Jafar Kiani, defying a 2002 moratorium on the
practice put in place by Judiciary Chief Ayatollah Shahrudi. According to AI
reports, in 1996 authorities convicted Kiani and his partner, Mokarrameh
Ebrahimi, of adultery and sentenced them to death by stoning. On June 20,
according to HRW, Judiciary Chief Shahrudi issued a written stay of their
execution, scheduled for June 21. Despite the stay, authorities carried out the
sentence against Kiani. Shahrudi ordered an investigation of the judge who
ordered the sentence, but the results of that investigation remained unknown at
year's end. UN Human Rights Commissioner Arbour condemned the execution and
called on the government to halt the impending execution of Mokarrameh Ebrahimi.
Authorities reportedly suspended Ebrahimi's sentence. On September 30, Secretary
of the Human Rights Committee Mohammad Javad Larijani, appointed by Supreme
Leader Khamenei, called the stoning a "judicial mistake," but stated his view
that the practice of stoning is neither torture nor disproportionate punishment.
On April 18, the Supreme Court overturned the murder convictions of six
members of the Basij, a paramilitary volunteer force formally connected with the
IRGC, for five killings in 2002 on the grounds that the Basij members stated
they believed Islam permitted the killings because the individuals were engaged
in "morally corrupt" behavior. In 2002 the Basij members reportedly killed the
five individuals by stoning, drowning, and burying one person alive. The lower
court previously found all six men guilty of murder.
On December 11, according to domestic press reports, the Supreme Court
annulled the original verdict of the primary court in the case of the 2003 death
of Zahra Kazemi, a dual Iranian-Canadian citizen, and determined it would be
reinvestigated. Kazemi, a photojournalist arrested for taking pictures outside
Evin Prison during a student-led protest, died in custody in 2003 after security
forces tortured her. Authorities admitted that she died as a result of a blow to
the head but claimed the death was "unintentional" and acquitted an intelligence
officer in 2004. Tehran General Prosecutor, Saeed Mortazavi, was reportedly
involved in her death. In June 2006 the Kazemi family filed a civil case against
the Iranian government in Canadian courts.
Ayatollah Khomeini's 1989 religious decree calling for the killing of author
Salman Rushdie for allegedly blaspheming the Prophet Mohammad in his book
"Satanic Verses" remained in effect.
The government took no known steps to resolve the 2004 killing of labor
strikers, the killings and disappearances reported in 2001 by the Special
Representative for Iran of the Commission on Human Rights, or the killings of
members of religious minorities following the revolution.
b. Disappearance
Little reliable information was available regarding the number of
disappearances during the year.
The Iranian-American Jewish Federation reported that 11 Jewish men who
disappeared in 1994 and 1997 were still missing, but some were reportedly alive,
as witnesses claimed they saw some of the men in Evin Prison. The authorities
did not provide information on whether the individuals were in custody.
There were reports of politically motivated abductions during the year.
Plainclothes officers or security officials reportedly often seized journalists
and activists without warning and held them incommunicado in detention centers
for several days before permitting them to contact family members.
There was no further information about the 2005 disappearance of a number of
evangelical Christians.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution prohibits torture for the purposes of extracting a
confession or acquiring information. Despite 2004 legislation banning torture,
there were numerous credible reports that security forces and prison personnel
tortured detainees and prisoners.
Common methods of abuse in prisons included prolonged solitary confinement
with sensory deprivation, beatings, long confinement in contorted positions,
kicking detainees with military boots, hanging detainees by the arms and legs,
threats of execution if individuals refused to confess, burning with cigarettes,
sleep deprivation, and severe and repeated beatings with cables or other
instruments on the back and on the soles of the feet. Prisoners also reported
beatings on the ears, inducing partial or complete deafness; punching the area
around the eyes, leading to partial or complete blindness; and the use of poison
to induce illness. HRW reported that security forces physically tortured student
activists more than dissident critics from within the system.
There were multiple cases of torture reported during the year.
On January 11, former political prisoner Kianush Sanjari alleged that he was
subjected to "white torture," a form of sensory deprivation, while detained at
Evin Prison in late 2006. According to a 2004 HRW report, political prisoners in
the country used the term to describe prolonged incommunicado solitary
confinement.
On June 6, intelligence agents directly supervised by the prison head
reportedly attacked and beat political prisoners held in Orumieh prison in the
northwest of the country.
On July 24, the families of three student activists arrested in May and June
sent an open letter to Judiciary Chief Shahrudi alleging that security forces
tortured their sons in section 209 of Evin Prison. According to HRW, the
families alleged that security forces subjected the students to beatings with
cables and fists, 24-hour interrogation sessions, sleep deprivation, and forced
them to remain standing for long periods of time. The families also alleged that
the students were detained in cells with convicted criminals and received
threats against themselves and their families. Although Judiciary Chief Shahrudi
reportedly ordered an investigation into the allegations, the results remained
unknown at year's end. According to domestic press reports, on August 20, Tehran
general prosecutor Saeed Mortazavi met with the families of the three student
activists and warned them not to speak to the press or any officials or
political figures. Mortazavi reportedly denied that security forces had tortured
the students and transferred them to solitary cells, where they remained in
detention at year's end.
The penal code provides for amputation following multiple theft offenses. On
February 27, officials in Kermanshah publicly amputated four fingers of F.
Hosseini as punishment for multiple theft convictions. On May 13, there were
reports of another amputation.
There were no reports during the year of activities by the "special units"
(yegan ha-ye vizhe), which have been used in previous years to complement the
existing morality police, "Propagation of Virtue and Prohibition of Vice" (Amr
be Ma'ruf va Nahi az Monkar), to combat "un-Islamic behavior" and social
corruption among the young. In previous years these auxiliaries assisted in
enforcing the Islamic Republic's strict rules of moral behavior by chasing and
beating persons in the streets for offenses such as listening to music or, in
the case of women, wearing makeup or clothing regarded as insufficiently modest
or being accompanied by unrelated men.
In December 2006, according to AI, authorities subjected a woman identified
as "Parisa" to 99 lashes, a reduction of the original death sentence by stoning,
for adultery.
During the year the government did not initiate any investigations into
reports of torture or punish those believed to be responsible.
Prison and Detention Center Conditions
Prison conditions were poor. Many prisoners were held in solitary confinement
or denied adequate food or medical care to force confessions.
Overcrowding was a significant problem. In March the UK-based International
Center for Prison Studies reported that 150,321 prisoners occupied facilities
constructed to hold a maximum of 65,000 persons. Of the prisoners currently held
in state detention centers, reportedly nearly one quarter were pretrial
detainees. In October Prison Organization head Ali Akbar Yasaghi put the number
of prisoners at 158,351. There were 130 prisons in the country, with 41 more
under construction during the year. There were reports during the year that
Judiciary Chief Shahrudi encouraged judges to implement alternative sentencing
for lesser crimes, reportedly due in part to prison overcrowding. At year's end,
there were no reports on the extent to which this was implemented.
Some prison facilities, including Tehran's Evin Prison, were notorious for
cruel and prolonged torture of political opponents of the government. After its
2003 visit, the UN Working Group on Arbitrary Detentions described section 209
of Evin Prison as a "prison within a prison," designed for the "systematic,
large-scale use of absolute solitary confinement, frequently for long periods."
Authorities also maintained "unofficial" secret prisons and detention centers
outside the national prison system, where abuse reportedly occurred.
Human rights activists and domestic press reported cases of political
prisoners confined in the same wing as violent felons. There were allegations
that the authorities deliberately incarcerated nonviolent offenders with violent
offenders, anticipating they would be killed. There were also reports of
juvenile offenders being detained with adult offenders.
The government generally granted prison access only to the International
Committee of the Red Cross (ICRC), but the ICRC continued to not have access to
detainees. On September 11, the government granted foreign journalists a tour of
Evin Prison for the second time in two years. According to Agence France Presse,
during the visit, the director of Tehran prisons, Sohrab Soleimani, denied that
there were political prisoners in Evin Prison but told the journalists that
there were 15 prisoners in Evin on "security" charges. In June 2006 the
government also allowed a group of foreign and local journalists to tour Evin
Prison. Some prisoners who spoke to reporters in 2006 complained that their
cases had not come to trial or that they had been awaiting a verdict for months.
According to reports from journalists following the two visits, the number of
prisoners in Evin Prison is estimated to be between approximately 2,500 and
3,000.
d. Arbitrary Arrest or Detention
The constitution prohibits arbitrary arrest and detention; however, these
practices remained common.
Role of the Police and Security Apparatus
Several agencies share responsibility for law enforcement and maintaining
order, including the Ministry of Intelligence and Security (MOIS), the Law
Enforcement Forces under the interior ministry, and the IRGC. The Basij and
various informal groups known as the "Ansar-e Hizballah" (Helpers of the Party
of God) were aligned with extreme conservative members of the leadership and
acted as vigilantes. The size of the Basij remained disputed; officials cited
anywhere from 11 to 20 million, while a 2005 study by a foreign organization
claimed there were 90,000 active members and up to 300,000 reservists.
Corruption was a problem in the police forces and revolutionary courts and to
a lesser extent in the criminal and civil courts. Civilian authorities did not
fully maintain effective control of the security forces. The regular and
paramilitary security forces both committed numerous, serious human rights
abuses. According to numerous press, NGO, and anecdotal reports throughout the
year, the government used plainclothes security agents to intimidate political
critics. They were increasingly armed, violent, and well equipped, and they
engaged in assault, theft, and illegal seizures and detentions.
Arrest and Detention
The constitution and penal code require warrants or subpoenas for arrests and
state that arrested persons must be informed of charges within 24 hours;
however, these safeguards rarely occurred in practice. Detainees often went
weeks or months without charges or trial, frequently were denied prompt contact
with family, and often were denied access to legal representation for prolonged
periods. Bail was often set at prohibitively high levels, even for lesser
crimes. Detainees and their families were often compelled to submit property
deeds in order to post bail. In the period immediately following detention or
arrest, many detainees were held incommunicado and denied access to lawyers and
family members. In practice there was neither a legal time limit for
incommunicado detention nor any judicial means to determine the legality of the
detention.
Security forces often did not inform family members of a prisoner's welfare
and location. Authorities often denied visits by family members and legal
counsel. Prisoners released on bail did not always know how long their property
would be retained or when their trials would be held. Families of executed
prisoners did not always receive notification of their deaths. Unlike previous
years, there were no reports of the government forcing family members to pay to
retrieve the body of their relative.
There were numerous reports of arbitrary and false arrests during the year.
For example, on February 21, plainclothes security forces arrested Somaye
Bayanat, the wife of political prisoner Ahmed Batebi, without a warrant and
detained her at Gorgan women's prison. According to HRW, Bayanat told her family
that security forces arrested her in connection with a group of doctors with
whom authorities alleged she worked, and she faced criminal charges of forging
medical documents and performing illegal abortions. According to HRW, her family
did not believe the allegations, as they were not aware of any such group, and
Bayanat was a dentist. At year's end, Bayanat remained in detention.
On May 8, security officials arrested an Iranian-American peace activist,
detained him at Evin Prison, and accused him of espionage. On September 25,
officials released him and did not file formal charges. On October 8, he left
the country.
Also on May 8, an Iranian-American scholar was arrested in Tehran and
detained in Evin Prison following months of hours-long daily interrogations by
officials from the Ministry of Intelligence. Authorities charged her with
"acting against national security," "propaganda against the system," and
espionage. In December 2006 unknown assailants took her passport from her at
knifepoint on her way to the airport. After she applied for a new passport,
intelligence officials interrogated her for several weeks concerning her work
with a foreign think tank. On August 21, security forces released her, and on
September 4, she left the country.
On May 11, security forces arrested another Iranian-American scholar at his
home in Tehran and detained him in Evin Prison. He also faced charges of "acting
against national security," reportedly in connection with his work for a foreign
NGO. In July the government aired televised footage of the supposed confessions
of him and the other Iranian-American scholar, splicing in footage of the "color
revolutions" of former Soviet countries. On September 19, he was released on
bail.
In September 2006, according to AI, at least nine Azeri Iranians were
arrested following demonstrations calling for a school boycott in the northwest.
Azeri Iranians were protesting for their constitutional right to use the Azeri
language in schools. At year's end, it was not clear whether they had been
released.
Adherents of the Baha'i faith continued to face arbitrary arrest and
detention.
In recent years the government used house arrest to restrict the movements
and ability to communicate of senior Shi'a religious leaders whose views
regarding political and governance issues were at variance with the ruling
orthodoxy; however, there were no new instances of this practice publicly
reported during the year.
Amnesty
According to domestic press, the government pardoned or commuted the
sentences of more than 5,600 prisoners during the year to mark Muslim and
national holidays.
e. Denial of Fair Public Trial
The constitution provides that the judiciary is "an independent power";
however, in practice the court system was subject to government and religious
influence. After the 1979 revolution, the judicial system was revised to conform
to an Islamic canon based on the Koran, "Sunna" (the traditions of the
Prophet), and other Islamic sources. The constitution provides that the head of
the judiciary shall be a cleric chosen by the supreme leader. The head of the
Supreme Court and prosecutor-general also must be clerics. Women were barred
from serving as certain types of judges.
There are several court systems. The two most active are the traditional
courts, which adjudicate civil and criminal offenses, and the Islamic
revolutionary courts. The latter try offenses viewed as potentially threatening
to the Islamic Republic, including threats to internal or external security,
narcotics and economic crimes, and official corruption. A special clerical court
examines alleged transgressions within the clerical establishment, and a
military court investigates crimes connected with military or security duties. A
press court hears complaints against publishers, editors, and writers. The
Supreme Court has review authority over some cases, including appeals of death
sentences.
Human rights groups reported that the judiciary suppressed political dissent
and in practice violated due process rights at every level, including having the
right to be promptly charged; having access to legal counsel; being tried before
a competent, independent, and impartial court in a public hearing; and having
the right of appeal. Detainees were often not informed of their legal status.
Numerous observers considered Tehran Public Prosecutor Saeed Mortazavi the most
notorious persecutor of political dissidents and critics.
According to the civil code, persons under 18 years of age may be prosecuted
for crimes as adults, without special procedures, and may be imprisoned with
adults. The age of criminal responsibility is set at 15 years for males and nine
years for females. As a party to the International Covenant on Civil and
Political Rights and the Convention on the Rights of the Child, the country is
obligated not to execute persons for crimes committed when they were younger
than 18. However, during the year the government reportedly tried and executed
at least five persons who committed crimes while under the age of 18.
Sina Paymard was to be executed for crimes he committed before the age of 18.
He was released permanently in mid-December.
According to a June 26 AI report, during the year 71 juveniles were on death
row. According to the law, persons under 18 should be tried in a special
juvenile court, but there were reports during the year of juveniles being tried
in adult courts.
The government also continued to sentence individuals to execution after
reportedly unfair trials. During the year six Ahvazi Arabs were scheduled for
execution after trials not considered fair, one of whom was granted refugee
status by UN High Commissioner for Refugees (UNHCR).
The UN Committee on the Rights of the Child urged the country in January 2005
to suspend execution of juvenile offenders.
Trial Procedures
Many aspects of the prerevolutionary judicial system survive in the civil and
criminal courts. For example, in theory defendants have the right to a public
trial, a lawyer of their choice, and right of appeal. However, these rights were
not respected in practice. Panels of judges adjudicate trials. There is no jury
system in the civil and criminal courts. In the press court, a council of 11
persons specifically selected by the court adjudicates the case. If
postrevolutionary statutes do not address a situation, the government advises
judges to give precedence to their knowledge and interpretation of Islamic law.
According to the law, defendants are entitled to a presumption of innocence,
but this often does not occur in practice. Trials are supposed to be open to the
public; however, frequently they are closed and defendants often were not given
access to a lawyer. The right to appeal is often denied. In practice, defendants
are often denied access to legal representation until initial investigations are
completed and charges are brought; the period of initial investigation often
lasted weeks or months. "Confessions" were often reportedly coerced during
investigations. There were also reports during the year that people who were not
detained but summoned for interrogation by security or judiciary officials were
threatened with repercussions--inferring either detention or charges--if they
sought legal representation.
UN representatives, including UNSRs, the UN Working Group on Arbitrary
Detention, and independent human rights organizations noted the absence of
procedural safeguards in criminal trials.
Numerous human rights groups condemned trials in the revolutionary courts for
their disregard of international standards of fairness. Revolutionary court
judges were chosen in part due to their ideological commitment to the system.
Pretrial detention often was prolonged, and defendants lacked access to
attorneys. Authorities often charged individuals with relatively undefined
crimes, such as "anti-revolutionary behavior," "moral corruption," and "siding
with global arrogance." Defendants did not have the right to confront their
accusers. Secret or summary trials of only five minutes' duration occurred
frequently. Other trials were deliberately designed to publicize a coerced
confession, and there were allegations of corruption.
The legitimacy of the special clerical court system continued to be subject
to debate. The clerical courts, which investigate offenses and crimes committed
by clerics and which are overseen directly by the supreme leader, are not
provided for in the constitution and operated outside the domain of the
judiciary. According to an AI report during the year, defendants could only be
represented by clerics nominated by the court, who are not required to be
legally qualified. AI reported that in some cases the defendant was unable to
find a person among the nominated clerics willing to act as defense counsel and
was tried without legal representation. In particular, critics alleged clerical
courts were used to prosecute clerics for expressing controversial ideas and
participating in activities outside the sphere of religion, such as journalism
or reformist political activities.
Political Prisoners and Detainees
No accurate estimates were available regarding the number of citizens
imprisoned for their political beliefs. In 2003 the UN Special Representative
for the Promotion and Protection of the Right to Freedom of Expression and
Opinion estimated the number to be in the hundreds. Although there were few
details, the government reportedly arrested, convicted, and executed persons on
questionable criminal charges, including drug trafficking, when their actual
"offenses" were political. The government charged members of religious
minorities with crimes such as "confronting the regime" and apostasy and
conducted trials in these cases in the same manner as threats to national
security.
Political prisoners occasionally were given suspended sentences or released
for short or extended furloughs prior to completion of their sentences but could
be ordered back to prison at any time. These suspended sentences were often used
to silence and intimidate individuals. The government also controlled political
activists by holding a file in the courts that could be opened at any time and
and attempted to intimidate them by calling them in repeatedly for questioning.
Political prisoners were routinely held in solitary confinement for extended
periods of time, and denied due process and access to legal representation.
Political prisoners were also at greater risk of torture and abuse while in
detention. The government did not permit access by international humanitarian
organizations.
There were reports that the government held some persons in prison for years
charged with sympathizing with outlawed groups, such as the terrorist
organization, the Mujahedin-e-Khalq (MEK).
On August 18, security forces again detained Azeri human rights lawyer Saleh
Kamrani and did not inform his family of his whereabouts until August 21. At
year's end, there was no information about any charges brought against him, and
he remained detained in Evin Prison. Authorities previously arrested Kamrani in
June 2006 and sentenced him to one year's imprisonment for "propaganda against
the system." The sentence was suspended for five years, and he was released in
September 2006.
On September 9, security forces arrested political activist Abbas Khorsandi
at his home in Firuzkuh, Tehran province and detained him in Evin Prison. He was
previously imprisoned in 2005. No known charges have been filed.
Also on September 9, one female and four male activists were arrested. No
known charges have been filed and it was unknown where they were being held.
On September 12, officials from the Special Court for the Clergy reportedly
arrested Hadi Qabel, a reformist cleric and member of the reformist political
group Islamic Iran Participation Front (IIPF), at his home. According to a
September AI report, the location of his detention remained unknown. More than
580 activists and academics reportedly released a statement calling for Qabel's
release, which according to press descriptions, called Qabel's and other arrests
an attempt by the government to create a "suffocating environment" in advance of
the 2008 Majles elections. On October 29, authorities released Qabel on bail.
On October 14, security forces arrested human rights lawyer Emadoldin Baghi,
head of the Society for the Defense of Prisoner's Rights. Baghi's wife and
daughter were also reportedly sentenced on similar charges to three years in
prison, suspended for five years. Previously on July 31, authorities sentenced
Baghi to three years in prison, according to his lawyer. Authorities charged him
with "propaganda against the system" and "assembly and collusion with the aim of
committing offenses against the country's national security," his lawyer stated,
adding that the charges were based on media interviews Baghi gave about
executions in Ahvaz. At year's end, Baghi's health deteriorated after suffering
a heart attack. Authorities temporarily treated him at a hospital before
returning him to prison.
On November 8, security forces detained Ali Nikunesbati, spokesman for the
student group Office for Consolidating Unity. The government did not inform his
family of the charges. In July authorities previously arrested and released him
on bail for his role in student protests. At year's end he remained detained.
In July 2006 authorities rearrested student activist Ahmad Batebi, who had
been released from prison for medical treatment in 2005. Batebi was involved in
the 1999 Tehran student protest, and his photo was published in several
international news outlets. Subsequently, authorities sentenced Batebi to death
in 1999, a sentence that was commuted to 15 years in prison. Batebi reportedly
was severely beaten and harshly interrogated while in prison and consequently
suffered from health problems. At year's end, Batebi remained imprisoned in Evin
Prison.
In October 2006 police arrested dissident cleric Ayatollah Mohammad Kazemeini
Boroujerdi at his home, reportedly after he had come under increased pressure
from the government to separate religion and politics. According to press
reports, more than 70 of his supporters were arrested in September and October
2006. Boroujerdi has reportedly been arrested and imprisoned several times since
1992 and has claimed that he was tortured and threatened with execution.
According to AI, all but two of his arrested followers have been released from
prison. At year's end Boroujerdi remained in Evin Prison, where he is reportedly
in ill health and may not have access to medical care.
In June 2006 security officials arrested Azeri activist Abbas Lisani
following a protest demonstration and charged him with "holding rallies against
the state system." According to AI, in September 2006 Lisani was sentenced to
sixteen months in prison and 50 lashes. According to a press report quoting
Lisani's wife, he was transferred from Ardabil prison to a prison in Tabriz to
serve the remainder of his sentence. At year's end, he remained in prison.
Civil Judicial Procedures and Remedies
The judiciary was nominally independent from the executive and legislative
branches but remained under the influence of executive and religious government
authorities. The head of the judiciary was appointed by the supreme leader, who
in turn appointed the head of the Supreme Court and the chief public prosecutor.
According to the constitution, under the supervision of the head of the
judiciary, the Court of Administrative Justice investigates the grievances of
citizens with regard to government officials, organs, and statutes. In practice,
however, citizens' ability to sue the government was limited. It appeared that
citizens were not able to bring lawsuits against the government for civil or
human rights violations. Dispute resolution councils are available to settle
minor civil and criminal cases through mediation before referral to courts.
Property Restitution
The constitution allows the government to confiscate property acquired either
illicitly or in a manner not in conformance with Islamic law. The UNSR on
Adequate Housing noted religious minorities, including members of the Baha'i
faith, were particularly affected. The UNSR's June 2006 report noted the
"abusive use of [the law] is seen as an instrument for confiscating property of
individuals as a form of retribution for their political and/or religious
beliefs." The report noted documentation of approximately 640 Baha'i properties
confiscated since 1980, instances of numerous undocumented cases, and court
verdicts declaring confiscation of property from the "evil sect of the Baha'i"
legally and religiously justifiable. Rights of members of the Baha'i faith were
not recognized under the constitution, and they had no avenue to seek
restitution of or compensation for confiscated property.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The constitution states that "reputation, life, property, (and) dwelling(s)"
are protected from trespass except as "provided by law;" however, the government
routinely infringed on these rights. Security forces monitored the social
activities of citizens, entered homes and offices, monitored telephone
conversations and internet communications, and opened mail without court
authorization. There were widespread reports that the homes and offices of
reformist journalists were entered, searched, or ransacked by government agents
in an attempt to intimidate them.
Vigilante violence included attacking young persons considered too
"un-Islamic" in their dress or activities, invading private homes, abusing
unmarried couples, and disrupting concerts. During the year, the government
intensified its crackdown on "un-Islamic dress" or "bad hijab." In June,
according to deputy police chief Hossein Zolfaghri, the government brought a
total of 2,265 cases, against men and women, to the judiciary for trial on the
charge of noncompliance with the Islamic dress code. According to a domestic
press report, during the year the government warned more than 527,000 persons
and arrested more than 20,000 persons, who were then released conditionally.
Police denied the use of force in these instances, but there were reports that
force was used, including one widely-circulated image of a girl's face covered
in blood after being beaten by police for un-Islamic dress. According to press
reports, the Tehran police chief said that the girl had "instigated the incident
herself."
There were also reports during the year that the Ministry of Intelligence
pressured families of political prisoners, banning them from speaking to foreign
press and blocking their telephone conversations.
Authorities entered homes to remove television satellite dishes, although the
vast majority of satellite dishes in individual homes reportedly continued to
operate. In late 2006 there were press reports that the government increased its
confiscation of satellite dishes.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The constitution provides for freedom of expression and of the press, except
when it is deemed "detrimental to the fundamental principles of Islam or the
rights of the public…." In practice the government severely restricted freedom
of speech and of the press. Basic legal safeguards for freedom of expression did
not exist, and the independent press was subjected to arbitrary enforcement
measures by the government, notably the judiciary. Censorship, particularly
self-censorship, limited dissemination of information during the year. According
to the Tehran-based Association for Advocating Freedom of Press, state pressure
on journalists continued to increase after President Ahmadi-Nejad assumed office
in 2005. Journalists were frequently threatened and sometimes killed as a
consequence of their work.
The penal code states that "anyone who undertakes any form of propaganda
against the state" can be imprisoned up to a year; the law does not define
"propaganda." The press law forbids censorship but also forbids disseminating
information that may damage the Islamic Republic or offend its leaders and
religious authorities. It also subjects writers to prosecution for instigating
crimes against the state or "insulting" Islam; the latter offense is punishable
by death.
On September 30, according to news reports, deputy interior minister and head
of Commission 10 on political parties Ali Reza Afshar announced that
"publications and other media outlets are forbidden from writing about parties
or political groups that have not obtained a license from Commission 10 on
political parties." This action follows other reports of government efforts to
limit political debate and the spread of information in advance of the 2008
Majles elections. There were similar reports in 2006 that the Supreme National
Security Council warned editors-in-chief not to publish political analysis that
differed from the country's official policy.
The 1985 press law established the Press Supervisory Board, which was
responsible for issuing press licenses and examining complaints filed against
publications or individual journalists, editors, or publishers. In certain cases
the board referred complaints to the press court for further action, including
closure. Its hearings were conducted in public with a jury composed of appointed
clerics, government officials, and editors of government-controlled newspapers.
The press law also allows government entities to act as complainants against
newspapers, and often public officials lodged criminal complaints against
reformist newspapers that led to their closures. Offending writers were
subjected to lawsuits and fines. Some human rights groups asserted that the
increasingly conservative press court assumed responsibility for cases before
press supervisory board consideration, often resulting in harsher judgments.
Efforts to amend the press laws have not succeeded, although in 2003 parliament
passed a law limiting the duration of "temporary" press bans to stop the
practice of extending them indefinitely.
On July 7, Minister of Culture and Islamic Guidance Saffar-Harandi warned of
a "creeping coup" from the press to overthrow the system. Two days later, the
head of the president's public relations office announced the creation within
that office of a special team to confront publications critical of the
government.
During the year, numerous publishers, editors, and journalists (including
those working on Internet sites) were detained, jailed, tortured, and fined, or
they were prohibited from publishing their work. The government imposed
significant restrictions on press outlets and banned or blocked some
publications that were critical of the government.
In its May report, Freedom House called the press climate in the country "not
free," noting several newspaper closures and the arrests and intimidation of
journalists. The head of the Iranian Journalists Guild Association said that
during the Iranian year 1385 (March 2006-2007) the Press Supervisory Board
banned more than 20 publications. He called the year a "bad period for the
press" and characterized the press environment as "negative and oppressive."
Since Mahmoud Ahmadi-Nejad became president in 2005, approximately 42
publications were suspended and 25 printing licenses revoked. In a September
open letter, Reporters Without Borders (RSF) accused President Ahmadi-Nejad of
an "appalling record of press freedom violations." According to the Committee to
Protect Journalists (CPJ), there were at least 12 journalists imprisoned in the
country during the year. RSF reported on September 26 that since September 2006,
73 journalists were arrested and at least 20 media outlets were censored.
According to Radio Free Europe/Radio Liberty, on February 27, authorities
arrested French-Iranian filmmaker Mehrnoushe Solouki for "intent to commit
propaganda against the regime" after she discovered a mass grave outside Tehran
in the course of her research on the burial rites of some religious minorities.
After one month in Evin Prison, she was released on bail but at year's end was
not allowed to leave the country.
On March 26, authorities sentenced economic journalist Ali Farahbakhsh, who
wrote for the daily Sarmayeh and the banned reformist dailies
Yas-e-now and Shargh, to three years and three months in prison,
reportedly on charges of espionage and "stealing from foreigners." The sentence
was later reduced to 11 months. In November 2006 security officials arrested
Farahbakhsh upon his return from a civil society conference in Thailand. The
charges against him are reportedly related to his acceptance of $2,300 for
participating in the conference, which was intended to cover his travel
expenses. Farahbakhsh remained in Evin Prison for several months despite a
letter from Judiciary Chief Shahrudi ordering his release on bail. On October 9,
authorities reportedly conditionally released him, pending an appeal hearing.
According to AI, the Association of Iranian Journalists issued an open letter
signed by 247 of its members calling attention to flaws in the administration of
justice in Farahbakhsh's case.
In late March the Press Supervisory Board revoked the license of bilingual
Kurdish and Persian weekly Payam-e-Kurdistan. It was not clear why the
license was revoked.
On April 12, Tehran University law professor and former Majles deputy from
Shiraz Ghassem Sholeh Sadi told an international press outlet in an interview
that he had been sentenced to 18 months in prison. The sentence is reportedly in
connection with an open letter Sholeh Sadi wrote to the supreme leader in 2002,
criticizing some of the actions and policies of the government and its leaders.
It was not clear whether he was detained.
On May 28, security forces arrested journalist Said Matinpour of
Azeri-language weekly Yarpagh and detained him in Evin Prison.
According to RSF, there have been no charges filed against him, and he has not
been permitted contact with his family or lawyer.
On July 1, Kurdish journalist Mohammad Sadiq Kabudvand was reportedly
arrested by plainclothes security forces. It was not clear where he was being
detained or whether he was permitted contact with his family or legal counsel.
Kabudvand, who was also secretary of the Kurdistan Organization for the Defense
of Human Rights, wrote for the now-defunct weekly Payam Mardom Kordestan.
In September 2006 authorities sentenced him to one year in prison on charges of
"inciting the population to rebel against the central state" but according to
AI, his current detention was reportedly unconnected to this prison sentence.
On July 3, the general prosecutor ordered the daily Ham-Mihan
closed. On May 13, authorities permitted the publication to reopen after being
closed since 2000; it published for only 42 days before being closed again.
On July 11, the government closed the wire service Iranian Labor News
Agency, reportedly as a result of its reporting on labor strikes in parts
of the country.
On July 16, a revolutionary court in the northwestern city of Marivan
sentenced Kurdish journalists Adnan Hassanpour and Abdolvahed "Hiva" Boutimar to
death on charges of espionage and "acting against national security." According
to RSF, the trials were not public and their lawyers were not permitted to
attend. Hassanpour's interviews with foreign media were reportedly cited by the
prosecution. According to December domestic press reports, the Supreme Court
upheld the death sentence for Hassanpour but overturned the verdict for
Boutimar.
On July 31, security forces arrested journalist Farshad Ghorbanpour and
detained him in Evin Prison. He was reportedly charged with "spreading lies
against the system" and "giving news to Web sites outside the country." He was
released on bail on August 27. Authorities reportedly also arrested journalist
Masoud Bastani and released him one day later. Bastani was reportedly in Evin
Prison for several months in 2005 and 2006.
On August 4, security forces arrested journalist Soheil Asefi and detained
him in Evin Prison where he was held in solitary confinement. He was reportedly
charged with "publishing false news likely to disturb public opinion." On
October 6, authorities released Asefi on bail of $107,000 (1 billion rials).
On August 6, the general prosecutor ordered to close the last major reformist
daily Shargh. The ban placed on Shargh in September 2006 was
lifted on May 14, but the paper was operational for less than three months
before being closed again. The government reportedly closed the newspaper in
response to a published interview with a writer accused of being a homosexual
activist.
On August 11, the government closed the conservative news Web site
Baztab, although the site continued to operate outside of the country. The
government also reportedly filtered the Web site earlier in the year. At year's
end, the site was reportedly operating inside the country.
Student groups reported interference with their activities and with student
elections and publications. Authorities closed student publications at Amir
Kabir University and arrested several students affiliated with the publications
in the weeks prior to elections for the Islamic Students Association. Between
May 3 and June 6, authorities arrested eight students at Amir Kabir University
on charges of "insulting state leaders," "inciting public opinion," and
"printing inflammatory and derogatory materials" in student publications,
according to HRW. On July 18, authorities released five of the students on bail.
The Tehran Revolutionary Court gave the other three, Ahmad Ghassaban, Ehsan
Mansouri, and Majid Tavakoli, mandatory jail sentences after finding them guilty
of collaborating to "print inflammatory and derogatory materials." The court
sentenced Tavakoli to three years in prison, Ghassaban to two-and-a-half years,
and Mansouri to two years. At year's end, they were acquitted of the most
serious charges, including insulting Islam. On December 19, the judge sentenced
them to four months in prison and ordered their release. At year's end, prison
authorities refused to release them.
In September Tehran prosecutor general Saeed Mortazavi reportedly met with
the editors of four reformist newspapers and warned them not to publish articles
about the detained student activists from Amir Kabir University. Mortazavi
reportedly showed the editors "evidence" of the charges against the students and
also threatened to suspend the newspapers if the editors did not comply.
Following the incident, more than 100 journalists reportedly released a joint
statement protesting Mortazavi's threats. This follows similar actions in 2006
in which the Ministry of Intelligence and Security and the Ministry of Islamic
Culture and Guidance reportedly jointly instructed the semi-official news
outlets Iranian Student News Agency and Iranian Labor News Agency not to report
on the arrests and prosecution of student activists without coordinating with
those ministries.
Foreign journalists faced harassment. The government required foreign
correspondents to provide detailed travel plans and proposed stories before
receiving visas. They were also required to hire "fixers" inside the country at
high cost. Some were denied visas.
The government, through a state-controlled entity called the Voice and Vision
Organization, directly controlled and maintained a monopoly over all television
and radio broadcasting facilities; programming reflected the government's
political and socio-religious ideology. Because newspapers and other print media
had a limited circulation outside large cities, radio and television served as
the principal news source for many citizens. Satellite dishes that received
foreign television broadcasts were forbidden; however, many citizens owned them,
particularly the wealthy.
The government periodically increased confiscation of illegal satellite
dishes in homes. The government blocked foreign satellite transmissions using
powerful jamming signals in the past. Separately, the government ruled private
broadcasting illegal; cooperation with private broadcasting was also illegal.
The Ministry of Culture must grant permission to publish any book, and it
inspected foreign printed materials prior to their domestic release.
Internet Freedom
The government increased control over the Internet during the year as more
citizens used it as a source for news and political debate. According to the May
1 Freedom House report, approximately seven million citizens used the Internet,
although the Ministry of Communications reported as many as 16 million users,
according to domestic press reports. The same Freedom House report noted that
beginning in 2006 the government increasingly targeted the Internet.
All Internet service providers (ISPs) must be approved by the Ministry of
Culture and Guidance, and the government used filtering software to block access
to some Western Web sites, reportedly including the Web sites of prominent
Western news organizations and NGOs. According to the Open Net Initiative (ONI),
the government issued framing regulations in November 2006 to systematize
control and management of Internet activity. ONI also reported that in January
the Ministry of Culture and Guidance issued a notice requiring all owners of Web
sites and blogs to register with the government by March 1 and to refrain from
posting certain types of content.
In August the government announced that it would launch a new Internet police
patrol. According to press reports describing the government announcement, the
patrol would investigate suspicious advertisements, fraud, and economic and
financial offenses.
In April 2006 the Minister of Communications and Information Technology
announced the government's intention to establish a "national Internet," which
would improve on the costly monitoring process that required Web site
information to exit the country and then return. In October 2006 the government
imposed a limit of 128 kilobytes per second on Internet speed and required ISPs
to comply with the limit by decreasing Internet service speed to homes and
cafes. The new limit made it more difficult to download Internet material and to
circumvent government restrictions to access blocked Web sites.
According to RSF, arrests and intimidation of bloggers decreased in 2006, but
Internet censorship increased. In 2006 and during the year the government
blocked several Web sites dealing with women's issues in the country, and
women's groups reportedly launched an online petition to protest Internet
filtering. According to press reports, the government claimed to have blocked
access to 10 million Internet sites it deemed immoral during the year. A 2005
HRW study listing blocked Internet sites included Farsi-language news sites,
some popular sites of Internet writers, the Freedom Movement Party Web site, a
Web site promoting the views of Ayatollah Montazeri, several Kurdish Web sites,
Web sites dedicated to political prisoners, and a Baha'i Web site.
Academic Freedom and Cultural Events
The government significantly restricted academic freedom. In September 2006
President Ahmadi-Nejad called for the removal of secular and liberal professors
from universities. Reports indicated dozens of university professors have been
dismissed, forced to retire, or denied sabbaticals abroad since 2006. Student
groups reported that the government used a "star" system to rank politically
active students — each star denoted a negative mark. Students with three stars
were reportedly banned from university or prevented from registering for
upcoming terms. Government informers were common on university campuses.
Additionally, there were reports the government maintained a broad network of
student informants in Qom's major seminaries who reported teaching counter to
official government positions.
The government censored cultural events. In 2005 the minister of Islamic
culture and guidance promised more stringent controls on books, cinema, and
theater, although he indicated the change would not be immediate. He also warned
of greater surveillance of "hundreds" of cultural associations. Culture ministry
officials also reportedly cancelled more than 30 concerts, and President
Ahmadi-Nejad announced a ban on Western music in December 2005. A September 2006
report by a Western NGO noted that censorship by authorities and a culture of
self-censorship strongly inhibited artistic expression in the country.
The government also effectively censored domestic films, since it remained
the main source of production funding. Producers were required to submit scripts
and film proposals to government officials in advance of funding approval. After
President Ahmadi-Nejad assumed office in 2005, the Supreme Cultural Revolution
Council announced a ban on movies promoting secularism, feminism, unethical
behavior, drug abuse, violence, or alcoholism. Films of some domestic directors
were not permitted to be shown in the country.
Admission to universities was politicized; all applicants had to pass
"character tests" in which officials eliminated applicants critical of the
government's ideology. Some seats in universities continued to be reserved for
members of the Basij, regardless of their scores on the national entrance exam.
To obtain tenure, professors had to refrain from criticism of the authorities.
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The constitution permits assemblies and marches, "provided they do not
violate the principles of Islam;" however, in practice the government restricted
freedom of assembly and closely monitored gatherings to prevent antigovernment
protests. Such gatherings included public entertainment and lectures, student
meetings and protests, labor protests, women's gatherings and protests, funeral
processions, and Friday prayer gatherings.
Paramilitary organizations such as the Ansar-e Hizballah, a group of
vigilantes who seek to enforce their vision of appropriate revolutionary
comportment upon society, harassed, beat, and intimidated those who demonstrated
publicly for reform. They particularly targeted university students.
The government continued to prohibit and forcibly disperse peaceful
demonstrations during the year.
On March 4, days before International Women's Day on March 8, police arrested
more than 30 women demonstrating outside a Tehran courthouse, protesting the
trials of five women's rights activists charged for peacefully demonstrating in
June 2006. All were later released but continued to face harassment by the
authorities at year's end.
On March 14, police forces disrupted a peaceful demonstration by teachers
protesting outside the legislature for higher wages. Police reportedly arrested
dozens of demonstrators. According to labor rights groups, many teachers
received heavy suspended sentences for taking part in these protests.
On May 1, security forces arrested 11 workers attending a demonstration in
Sanandaj protesting for labor rights. Each was sentenced to 91 days in prison
and ten lashes. Two of the organizers of the rally, Sheys Amini and Sedigh
Karimi, were sentenced to 30 months in prison by the Sanandaj criminal court.
On August 9, authorities arrested five members of a Tehran bus drivers'
syndicate, along with some family members, who were demonstrating outside
detained labor leader Mansur Osanloo's house, calling for the release of Osanloo
and labor activist Mahmoud Salehi.
On September 25, police reportedly disrupted a peaceful demonstration by
workers at a paper factory in Ahvaz who demanded payment of their wages. Police
reportedly beat demonstrators, and some required hospitalization.
In late September and early October, police reportedly arrested a number of
protesting workers in the western city of Shush, following three days of
workers' protests over unpaid wages.
In early December AI reported that security forces arrested between 20 and 30
students, mostly in Tehran but also in other cities. Authorities detained some
of the students before protests on December 7, the country's national University
Student Day; others were arrested after the demonstrations.
Some participants arrested during the 2006 International Women's Day
commemoration remained in prison at year's end.
Freedom of Association
The constitution provides for the establishment of political parties,
professional associations, Islamic religious groups, and organizations for
recognized religious minorities, provided that such groups do not violate the
principles of "freedom, sovereignty, and national unity," or question Islam as
the basis of the Islamic Republic; however, the government limited freedom of
association in practice.
On April 7, authorities reportedly arrested as many as 45 members of the
Hamedan Teachers' Association, some at an association meeting and some at their
homes. Judiciary officials stated that the association was a banned
organization. Officials confirmed that 30 of the teachers were freed, but 15
remained in detention at year's end.
On November 11, security forces arrested Heshmatollah Tabarzadi, General
Secretary of the Democratic Iranian Front, a political party, and transferred
him to Evin Prison. At year's end no charges had been filed.
The government's 2002 dissolution of the Freedom Movement, the country's
oldest opposition party, remained in effect.
c. Freedom of Religion
The constitution states that the "official religion of Iran is Islam and the
doctrine followed is that of Ja'fari (Twelver) Shi'ism." The constitution also
states that "other Islamic denominations are to be accorded full respect" and
recognizes the country's pre-Islamic religions--Zoroastrians, Christians, and
Jews--as "protected" religious minorities. Article 4 of the constitution states
that all laws and regulations must be based on Islamic criteria. The government
severely restricted freedom of religion in practice, particularly the Baha'i
faith.
The central feature of the country's Islamic system was rule by the
"religious jurisconsult." Its senior leadership consisted principally of Shi'a
clerics, including the supreme leader of the revolution, the head of the
judiciary, and members of the Assembly of Experts and the Guardian Council.
During the year, Baha'i students were routinely denied access to university
education because of their religion. In 2006, for the first time since 1980,
approximately 200 Baha'i students were admitted to universities. However, it was
not known if their admission resulted from changed government policy or a change
in the use of university application forms. Baha'i groups outside the country
reported that most of the students admitted in 2006 were later expelled when
their religion became known. On September 20, HRW reported that Baha'i students
were denied access to their national matriculation exam scores, which are
required for entrance into university. Baha'i groups outside the country also
reported a concerted government effort at economic obstruction of Baha'is in the
country.
The population is approximately 98 percent Muslim; 89 percent of the
population is Shi'a, and 9 percent is Sunni. Baha'i, Christian, Zoroastrian, and
Jewish communities constitute approximately 2 percent of the population. There
were indications that members of all religious minorities were emigrating at a
high rate, although it was unclear if the reasons for emigration were religious
or related to overall poor economic conditions.
The government carefully monitored the statements and views of the country's
senior Muslim religious leaders. It restricted the movement of several religious
leaders who had been under house arrest for years, and continued to detain at
least one dissident cleric, Ayatollah Boroujerdi, during the year. The
government pressured all ranking clerics to ensure their teachings confirmed (or
at least did not contradict) government policy and positions. During the year,
there were at least three assassinations or assassination attempts against Shi'a
clerics by unknown assailants in Khuzestan and Sistan va Baluchestan provinces.
Sunni Muslims are the largest religious minority, and the constitution
provides them a large degree of religious freedom. Sunni Muslims claimed the
government discriminated against them, although it was hard to distinguish
whether the cause for discrimination was religious or ethnic since most Sunnis
are also ethnic minorities, primarily Arabs, Baluchis, and Kurds. As an example
of discrimination, Sunnis cited the lack of a Sunni mosque in Tehran, despite
more than a million Sunni inhabitants.
Members of the country's non-Muslim religious minorities, particularly
Baha'is, reported imprisonment, harassment, and intimidation based on their
religious beliefs.
All religious minorities suffered varying degrees of officially sanctioned
discrimination, particularly in employment, education, and housing. In June 2006
the UNSR for Adequate Housing visited the country and reported that rural land,
particularly that belonging to minorities, including many Baha'is, was
expropriated for government use, and owners were not fairly compensated. With
the exception of Baha'is, the government allowed recognized religious minorities
to conduct religious education of their adherents, although it restricted this
right considerably in some cases, including Mandeans.
Religious minorities were barred from election to a representative body,
except for the five Majles seats reserved for recognized religious minorities
(two for the Armenian Christians, and one each for the Assyrian Christians, Jews
and Zoroastrians), and from holding senior government or military positions, but
they were allowed to vote. Although the constitution mandates an Islamic army,
members of religious minorities served in the military, although non-Muslim
promotions were limited by a military restriction against non-Muslims commanding
Muslims. Reportedly non-Muslims can be officers during their mandatory military
service but cannot be career military officers.
The legal system previously discriminated against recognized religious
minorities in relation to blood money; however, in 2004 the Expediency Council
authorized collection of equal blood money for the death of Muslim and
non-Muslim men. All women and Baha'i and Sabean-Mandean men remained excluded
from the revised ruling. According to the law, Baha'i blood is considered mobah,
meaning it can be spilled with impunity.
Inheritance laws favored Muslim family members over non-Muslims. For example,
under existing inheritance laws, if a non-Muslim converted to Islam, that person
would inherit all family holdings while non-Muslim relatives would receive
nothing.
Proselytizing of Muslims by non-Muslims was illegal. The government did not
ensure the right of citizens to change or recant their religion. Apostasy,
specifically conversion from Islam, was punishable by death, although there were
no reported instances of the death penalty being applied for apostasy during the
year.
Baha'is were considered apostates because of their claim to a religious
revelation subsequent to that of the Prophet Mohammed. The government defined
the Baha'i faith as a political "sect" linked to the Pahlavi monarchy and Israel
and, therefore, counterrevolutionary. Baha'i organizations outside the country
warned that the government intensified a strategy of intimidation against
Baha'is. The country's estimated 300,000 to 350,000 Baha'is were not allowed to
teach or practice their faith or to maintain links with coreligionists abroad.
The government continued to imprison and detain Baha'is based on their religious
beliefs. A 2001 Justice Ministry report indicated the existence of a government
policy to eventually eliminate the Baha'i community.
In March 2006 the UNSR on Freedom of Religion and Belief expressed concern
about allegations that security forces were monitoring and gathering information
about the Baha'i community. Baha'i groups reported the government was collecting
names of Baha'is across the country, and there was an increase of anti-Baha'i
editorials in pro-government newspapers.
Between May 2006 and January, the government reportedly arrested 63 Baha'is.
As of November, three remained in prison. The government did not formally charge
many of the others but released them after they posted bail. For some, bail was
in the form of deeds of property; others gained their release in exchange for
personal guarantees or work licenses.
There were also reports of attacks on Baha'is by unidentified assailants,
including the killings of two elderly Baha'i women. On February 16, a masked
intruder killed an 85-year-old Baha'i woman, Behnam Saltanat Akhzari, in her
home. The following day, a masked intruder assaulted a 77-year-old Baha'i woman,
Shah Beygom Dehghani, in her home, and she died on March 7.
On January 1, security officials arrested two Baha'i men, Riaz Heravi and
Siamak Ebrahimi, and detained them for 20 and 30 days, respectively. No details
were available about the reasons for their arrests, although a Baha'i group
noted that the two coordinated events for their Baha'i community.
In May 2006 security forces temporarily arrested 54 Baha'is in Shiraz while
they were teaching in an educational program for underprivileged children.
According to Baha'i organizations outside the country, they had an official
permit to conduct such teachings. In August the court orally accused the 54 of
"indirectly" teaching the Baha'i faith. The court gave all but three suspended
sentences of one year in prison for "forming illegal groups" and "propagating on
behalf of groups opposed to the government." The court sentenced the remaining
three, Raha Sabet, Sasan Taqva, and Haleh Roohi to four years' imprisonment
each: three years for "organizing illegal groups" and one year for "teaching on
behalf of groups opposed to the government." They were detained on November 19.
Sufi organizations outside the country previously expressed concern about
government repression of their religious practices, and during the year there
were arrests in Qom, a center of orthodox Shi'ism, after calls by Shi'a clerics
for restrictions on local Sufis.
On May 21, security forces detained Sufi leader Nurali Tabandeh (also known
as Majzub Ali Shah) of the Nematollah Gonabadi Sufi order in the northeastern
city of Gonabad. Intelligence officials had reportedly warned Tabandeh earlier
in the year to leave the city, but he refused. The Nematollah Gonabadi order was
reportedly one of the largest Sufi groups in the country. In February 2006
authorities arrested 1,200 Sufi worshippers and closed a Sufi house of worship.
On May 4, 52 Sufis were sentenced to one year in prison, fines, and lashes
(ultimately reduced to fines) in connection with the February 2006 incident.
Their lawyers, Farshid Yadollahi and Omid Behrouzi, were also sentenced and
banned from practicing law for five years.
On November 11, authorities arrested 180 Sufis in the western city of
Boroujerd. Members of a Sufi lodge in Boroujerd reportedly attacked a nearby
Shi'a mosque after clerics from that mosque called for their lodge to be shut
down. Police entered the lodge to make arrests, and violent clashes between the
Sufis and police ensued. Parts of the lodge were reportedly destroyed during the
clashes. It was not clear what charges may have been brought against the 180
arrested or whether they remained in detention at year's end.
The majority of the approximately 300,000 Christians in the country were
ethnic Armenians and Assyro-Chaldeans. Protestant denominations and evangelical
churches existed and reported restrictions on their activities. The authorities
became particularly vigilant in recent years in curbing proselytizing activities
by evangelical Christians. Some unofficial 2004 estimates indicated that there
were approximately 100,000 Muslim-born citizens who had converted to
Christianity. The UNSR estimated that 15,000 to 20,000 Christians emigrated each
year; however, given the continued exodus from the country for economic and
social reasons, it was difficult to establish the role religion played in the
choice to emigrate.
Societal Abuses and Discrimination
The continuous presence of the country's pre-Islamic, non-Muslim communities,
such as Zoroastrians, Jews, Sabean-Mandeans, and Christians, accustomed the
population to the participation of non-Muslims in society; however, government
actions continued to support elements of society who created a threatening
atmosphere for some religious minorities.
Sunni Muslims and Christians encountered societal and religious
discrimination and harassment at the local, provincial, and national levels.
There were reports that Mandeans experienced discrimination in the form of
pressure to convert to Islam and problems accessing higher education.
There was concern from several groups about the rumored resurgence of the
banned Hojjatiyeh Society, a secretive religious-economic group that was founded
in 1953 to rid the country of the Baha'i faith in order to hasten the return of
the 12th Imam (the Mahdi). Although not a government organization and officially
banned, it was believed that many members of the administration were Hojjatiyeh
members and were using their offices to advance the society's goals. However, it
was unknown what role, if any, the group played in the arrests of numerous
Baha'is during the year. Many Baha'i human rights groups and news agencies
described the goals of the Hojjatiyeh Society as the eradication of the Baha'is,
not just the Baha'i faith. The group's anti-Baha'i orientation reportedly
widened to encompass anti-Sunni and anti-Sufi activities as well.
The government's anti-Israel stance, in particular the president's numerous
speeches against Israel stating the "Zionist regime" should be eliminated, and
the perception among many citizens that Jewish citizens supported Zionism and
Israel, created a threatening atmosphere for the community. Since his election
in 2005, President Ahmadi-Nejad has publicly questioned the historical validity
of the Holocaust and called for the removal of the Jewish state from the Middle
East. He continued to make similar statements during the year, stating on June 3
that "the countdown for [Israel's] collapse has begun".
According to the Middle East Research Institute, state TV broadcasted two
shows hosting a Holocaust denier or content deemed anti-Semitic. State
television also broadcasted "Zero Degree Turn," portraying a young Iranian
diplomat's efforts to help European Jews during World War II.
In April, according to local media, the state-run Islamic Republic of Iran
Broadcasting (IRIB) television network replied to a 2005 complaint from the sole
Jewish member of parliament (MP), who asserted that the IRIB network transmitted
anti-Semitic programs. The letter was read in the Majles and stated that its
programming was based on "research and documentary evidence" and claimed that
IRIB's programming gave more attention to positive Jewish characters than
negative ones.
Newspapers in the country reportedly continued to publish anti-Semitic
cartoons, but fewer were published than in the previous year. In November 2006
the newspaper Hamshahri cosponsored a Holocaust-denial cartoon contest
in which the paper solicited submissions from around the world and awarded a
$12,000 (approximately 112,000 rials) prize to a Moroccan cartoonist who drew a
picture of an Israeli crane erecting a wall of concrete blocks around the
Al-Aqsa Mosque in Jerusalem, Islam's third holiest site. The blocks bear
sections of a photograph of the Nazi extermination camp at Auschwitz-Birkenau.
In December 2006 the government sponsored a conference entitled, "Review of
the Holocaust: Global Vision." This conference was widely criticized as it
sought to provide a forum for those who deny the existence or scope of the
Holocaust. Speakers at the conference universally called for the elimination or
delegitimization of the state of Israel and alleged that the Holocaust did not
occur or was an exaggeration used by Jews for political and financial gains. The
conference was followed by the establishment of the World Foundation for
Holocaust Studies, run by a committee of Holocaust deniers.
In May 2006 a local magazine published photos of synagogues draped in U.S.
and Israeli flags and claimed they were in Tehran and Shiraz when in fact they
were outside of the country. Anti-Jewish and anti-Israel demonstrations followed
in Shiraz. The Jewish MP protested in the Majles and was supported by the
Speaker of the Majles, Gholam Ali Hadded Adel, who reprimanded the magazine.
In recent years the government made the education of Jewish children more
difficult by limiting distribution of non-religious Hebrew texts and requiring
several Jewish schools to remain open on Saturdays, the Jewish Sabbath. There
were limits on the level to which Jews could rise professionally, particularly
in government.
For a more detailed discussion, see the
2007 International Religious
Freedom Report.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees,
and Stateless Persons
The government placed some restrictions on these rights. Citizens could
travel within the country and change their place of residence without obtaining
official permission. The government required exit permits for foreign travel for
all citizens. Some citizens, particularly those whose skills were in short
supply and who were educated at government expense, had to post bonds to obtain
exit permits. The government restricted the foreign travel of certain individual
members of religious minorities and several religious leaders, as well as some
scientists in sensitive fields. The government also confiscated passports and
placed travel bans on several journalists, academics, and activists.
For example, on January 25, authorities confiscated the passport of an
Iranian-American. She faced regular interrogations, court hearings, and
allegations of "propaganda against the establishment." On September 4,
authorities returned her passport, and she left the country on September 18.
Hojjatoleslam Ezimi Qedimi remained under a five-year overseas travel ban
following his release in August 2006 after serving five months in prison on a
conviction of "propagandizing in favor of groups and organizations against the
system."
Many dissidents practiced self-imposed exile in order to freely express their
beliefs.
Citizens returning from abroad occasionally were subjected to searches and
extensive questioning by government authorities for evidence of antigovernment
activities abroad. Recorded and printed material, personal correspondence, and
photographs were subject to confiscation.
Women must obtain the permission of their husband, father, or other male
relative to obtain a passport. Married women must receive written permission
from their husbands before leaving the country.
The government did not use forced external exile, and no information was
available regarding whether the law prohibits such exile; however, the
government used internal exile as a punishment.
The government offered amnesty to rank-and-file members of the Iranian
terrorist organization, MEK, residing outside the country. Subsequently, the
ICRC assisted with voluntarily repatriating at least 12 MEK affiliates in Iraq
under MNF-I (Multinational Force Iraq) protective supervision during the year.
Protection of Refugees
The law provides means for granting asylum or refugee status to qualified
applicants in accordance with the 1951 UN Convention relating to the Status of
Refugees and its 1967 protocol. The government established a system for
providing protection to refugees. UNHCR reportedly complained that government
authorities pressured Afghan refugees to return to Afghanistan by suspending
education and medical services and revoking residence permits. The government,
facing a slow economy and citing national security concerns, accused many
Afghans of drug and human trafficking and ethnic terrorist violence. There were
some reports of forced return of persons to a country where they feared
persecution. There were reports of a small number of registered refugees
deported among the large scale deportation of illegal Afghan migrants that
commenced in April.
No information was available on government policy regarding temporary
protection for individuals who may not qualify as refugees under the 1951
Convention or its 1967 protocol.
In April the government began a major effort to deport illegal Afghan
migrants. Between April and June the government reportedly deported at least
100,000 Afghans. According to HRW, many of those deported received no warning
that they were being deported, and many were separated from their families or
were given very little time to collect belongings and wages. Other deportees
claimed they were beaten, detained, or required to perform forced labor for
several days before being deported. According to UNHCR, the deportations
continued, although the scale decreased toward the end of the summer. Among the
deportees were some vulnerable individuals and families who needed humanitarian
assistance upon arrival in Afghanistan. By year's end, the government had
reportedly deported over 363,000 Afghans during the year, a small number of whom
were reportedly registered refugees. The government claimed that registered
refugees who were deported will be permitted to return to Iran; however, no
coordinated returns took place.
On December 1, UNHCR estimated that there were 915,000 registered Afghan
refugees in the country. In March, Iran, Afghanistan, and the UNHCR extended the
existing Tripartite Agreement until March 2008.
In 2005 the government imposed regulations specific to Afghan refugees that
increased fines for employers of Afghans without work permits and made it
difficult for Afghans to obtain mortgages, rent, own property, and open bank
accounts. At year's end the regulations remained in effect.
There was no further information available on whether the government
repatriated the imprisoned Afghans to whom the judiciary granted amnesty in
2005.
Although the government claimed to host more than 30,000 refugees of other
nationalities during the year, including Tajiks, Uzbeks, Bosnians, Azeris,
Iraqis, Eritreans, Somalis, Bangladeshis, and Pakistanis, it did not provide
information about them, nor did it allow UNHCR or other organizations access to
them. A Western NGO reported that few international humanitarian agencies
operated in the country because the government restricted their operations and
did not allow UNHCR to fund them.
Stateless Persons
According to the country's civil code, citizenship was derived from birth in
the country or from the male parent. Citizenship could be acquired upon the
fulfillment of the following criteria: persons were at least age 18, lived in
the country for more than five years, were not military service escapees, and
had not been convicted of a major crime in the country of origin or country of
residence. It was likely that there were stateless persons in the country during
the year. The Iraqi and Iranian governments continued to dispute Iraqi refugees'
citizenship, rendering many of them stateless. Further information about the
numbers of individuals or the reason behind their statelessness was unknown.
During the past few years, a large percentage of Iraqi refugees were
voluntarily repatriated. UNHCR estimated that in 2006 there were approximately
54,000 Iraqi refugees, the majority Iraqi Kurds but also some Shi'a Arabs, in
the country.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their
Government
Elections and Political Participation
The government severely restricted citizens' right to change their government
through free and fair elections. The supreme leader, the recognized head of
state, is elected by the Assembly of Experts and can only be removed by a vote
of this assembly. The assembly was composed of 86 members and was restricted to
clerics, who served an eight-year term and were chosen by popular vote from a
list approved by the Guardian Council. There was no separation of state and
religion, and clerical influence pervades the government.
According to the constitution, a presidential candidate must be elected from
among religious and political personalities ("rejal," which is interpreted by
the Guardian Council to mean men only), of Iranian origin, Shi'a Muslim faith,
and who believe in the Islamic Republic's system and principles. The Guardian
Council was composed of 12 members, six clerics appointed by the supreme leader
and six religious jurists appointed by the head of the judiciary. The Guardian
Council reviewed all laws for consistency with Islamic law and the constitution,
and had "approbatory supervision" to screen candidates for election. The
Guardian Council rejected all candidates it deemed unqualified and only accepted
candidates who supported a theocratic state. The supreme leader also approved
the candidacy of presidential candidates, with the exception of an incumbent
president. Prior to the 2004 parliamentary elections, the Guardian Council
vetoed legislation that would have required it to reinstate disqualified
candidates unless the council legally documented their exclusion. Regularly
scheduled elections were held for the presidency, the Majles, and the Assembly
of Experts, as well as municipal councils.
In December 2006 there were elections for the Assembly of Experts, municipal
councils, and Majles by-elections. These elections were neither free nor fair,
as the Guardian Council disqualified candidates based on ideological background.
The parliamentary election commission and Guardian Council disqualified hundreds
of potential candidates, largely reformists. Only 144 of the 492 prospective
candidates were deemed eligible to run in the December 2006 Assembly of Experts
elections. In the Assembly of Experts elections, Expediency Council chair
Hojatoleslam Ali Akbar Hashemi-Rafsanjani, a pragmatic conservative, received
the most votes in the Tehran constituency by a significant margin. Reports
indicated that 100 candidates withdrew their applications, and all female
candidates failed the written exam on religious interpretation ("ijtihad") and
were disqualified.
The fairness of the 2005 presidential election was undermined both before and
during the polls. The Guardian Council initially approved the candidacies of
only six of the 1,014 persons who registered and excluded all 89 female
candidates as well as anyone critical of the leadership, including former
cabinet ministers. During the polling, many candidates and the interior ministry
complained of irregularities, including interference by Basij forces. There were
no international election observers. After the second round of voting, the
supreme leader denied the allegations of Basij involvement, and the Guardian
Council validated the results. Domestic press reported that 104 cases of alleged
violations were under review and suspects were detained in 26 cases; however, no
further action was taken. According to official statistics, Mahmoud Ahmadi-Nejad
won the run-off race with 61 percent of the votes.
In 2004 elections that were widely perceived as neither free nor fair were
held for the 290-seat Majles. The Guardian Council barred over a third of the
more than 8,000 prospective candidates, mostly reformists, including over 85
sitting Majles members seeking re-election.
The constitution allows for the formation of political parties. There were
more than 100 registered political organizations, but these groups tended to be
small entities, often focused around an individual and did not have nationwide
membership. Political groupings significantly reorganized after the June 2005
presidential elections, with new groups forming and existing entities changing
leadership. Conservative groups continued to splinter during the year; moderate
conservatives appeared increasingly separated from fundamentalist conservatives.
In the December 2006 municipal elections, reform groups created a single
electoral list for the Tehran municipal council elections.
There were reports that the government placed significant restrictions on
election campaigning, reportedly forbidding candidates to post banners, hold
rallies, or hand out flyers until only days before the elections. The interior
ministry banned newspapers from reporting on parties that were not registered
with the ministry.
There were no female cabinet ministers, although one of the nine vice
presidents was a woman, and several women held high-level positions. There were
13 women serving in the Majles during the year. Five Majles seats were reserved
for the recognized religious minorities. Other ethnic minorities in the Majles
included Arabs and Kurds. There were no non-Muslims in the cabinet or on the
Supreme Court.
Government Corruption and Transparency
The Worldwide Governance Indicators of the World Bank reflect that corruption
was a serious problem. Widespread corruption existed in all three branches of
government, including the judiciary and the "bonyads" (tax-exempt foundations
designed for charitable activity that control consortia of substantial
companies).
In August 2006 the Majles passed a law requiring all state officials,
including cabinet ministers, and members of the Guardian Council, Expediency
Council, and Assembly of Experts, to submit annual financial statements to the
state inspectorate. There was no information available reguarding whether these
government officials obeyed the law.
There was no information during the year regarding further government action
on corruption cases from previous years that Judiciary Chief Shahrudi previously
claimed the judiciary was pursuing.
There were no laws providing for public access to government information.
Section 4 Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights
The government continued to restrict the work of local human rights groups.
The government denied the universality of human rights and stated that human
rights issues should be viewed in the context of a country's "culture and
beliefs."
During the year, the local NGO the Society for the Defense of the Rights of
Prisoners maintained a Web site with information addressing human rights issues
and in June 2006 published a report about prisons in the country. There was no
indication during the year that Judiciary Chief Shahrudi responded to the
group's appeal for attention to cases of political prisoners.
Various professional groups representing writers, journalists, photographers,
and others attempted to monitor government restrictions in their respective
fields, as well as harassment and intimidation against individual members of
their professions. However, the government severely curtailed these groups'
ability to meet, organize, and effect change.
Domestic NGOs worked in areas such as health and population, women's rights,
development, youth, environmental protection, human rights, and sustainable
development. Some reports estimated that a few thousand local NGOs operated
during the year. However, in 2005 a more restrictive environment accompanied the
new presidential administration, including pressure on domestic NGOs not to
accept foreign grants. In March the revolutionary court reportedly shut down the
offices of three prominent civil society and women's rights NGOs, the Iran Civil
Society Organizations Training and Research Center, the Raahi Legal Center, and
the NGOs Training Center. During the year activists affiliated with the
organizations, Sohrab Razzaghi, Shadi Sadr, and Mahboubeh Abbasgholizadeh were
detained and faced charges related to their NGO activities. Two Iranian-American
scholars were jailed because of their work for foreign NGOs.
In November 2006 the European Union (EU) Parliament, which had a human rights
dialogue with the government from 2002-2004, called on the country to restart
the dialogue, but the government did not respond. On May 25, the EU Presidency
declared itself "deeply concerned" about the deteriorating human rights
situation, noting that it was "particularly troubled about the recent wave of
arrests of civil society and women's rights activists."
International human rights NGOs were not permitted to establish offices in or
conduct regular investigative visits to the country. The last visit by an
international human rights NGO was AI's visit in 2004 as part of the EU's human
rights dialogue.
The ICRC and the UNHCR both operated in the country with some restrictions.
In June 2006 the government allowed the UNSR on Adequate Housing to visit.
The December 18 UNGA resolution on the country's human rights record
expressed "very serious concern" at a number of ongoing abuses, including
confirmed instances of torture, executions by stoning, and sentences of
execution by stoning. The resolution called on the government to heed the
recommendations of the past four resolutions and permit special procedures to
visit the country to assess how the government is addressing their
recommendations. No such visit has taken place under these recommended special
procedures since July 2005.
During the year, the supreme leader established a human rights committee,
chaired by the judiciary chief, with members including the ministers of
intelligence, interior, foreign affairs, justice, and culture, as well as other
judicial and military officials. The committee was not considered effective. In
one of his first public statements as secretary of the committee, Mohammad Javad
Larijani defended death by stoning as a punishment for adultery, but stated that
the punishment is nonetheless rarely carried out in the country.
The Center for the Defense of Human Rights, founded by Nobel Peace Prize
Laureate Shirin Ebadi, remained banned.
In 2006 hundreds of NGOs were left without legal status after they were
instructed to file for new permits. Those NGOs that did not file the request
were vulnerable to accusations of operating without a permit, and many of the
applications that were filed were reportedly left pending indefinitely. In
either instance they could be accused of operating without a permit. According
to domestic press reports, the interior ministry stated on September 4 that 219
permits for NGOs had been authorized since 2005. The government granted 22 in
2007, 145 in 2006, and 52 in 2005. The interior ministry stated it processed 600
applications and that 300 were still pending.
Section 5 Discrimination, Societal Abuses, and Trafficking in Persons
In general the government did not discriminate on the basis of race,
disability, or social status; however, it did discriminate on the basis of
religion, gender, and ethnicity. It consistently denied minorities their
constitutional right to study and use their language in schools, particularly
Kurds, Azeris, and Ahvazi Arabs. The poorest areas of the country were those
inhabited by ethnic minorities, including the Baluchis in Sistan va Baluchestan
Province and Arabs in the southwest. Much of the damage suffered by the citizens
of Khuzestan Province during the eight-year war with Iraq has not been repaired;
consequently, the quality of life of the largely Arab local population was poor.
Women
The constitution says all citizens, both men and women, equally enjoy
protection of the law and all human, political, economic, social, and cultural
rights, in conformity with Islamic rights.
Nonetheless, provisions in the Islamic civil and penal codes, in particular
those sections dealing with family and property law, discriminate against women.
Shortly after the 1979 revolution, the government repealed the 1967 Family
Protection Law that provided women with increased rights in the home and
workplace and replaced it with a legal system based largely on Shari'a
practices. In 1998 the Majles passed legislation that mandated segregation of
the sexes in the provision of medical care. In 2003 the Council of Guardians
rejected a bill that would require the country to adopt a UN convention ending
discrimination against women.
In April the revolutionary courts sentenced Parvin Ardalan, Nushin Ahmadi
Khorasani, Sussan Tahmasebi, Shahla Entessari, and Fariba Davoudi Mohajer to
between two and four years in prison for "acting against national security" for
organizing a June 2006 women's rights rally. The courts suspended some portions
of some sentences.
The government continued to arrest and detain members of the "One Million
Signatures Campaign Demanding Changes to Discriminatory Laws," which activists
launched in 2006 to promote women's rights. On July 11, security forces detained
Amir Yaghoub Ali for collecting signatures for the campaign in Tehran's Andishe
Park. Security forces detained him in section 209 of Evin Prison. On August 8,
authorities released him on bail after four weeks in custody. It was not known
what, if any, charges were brought against him.
On July 2, authorities sentenced women's rights activist Delaram Ali to 20
lashes and two years and 10 months in prison for her participation in a June
2006 women's rights rally. The judge charged her with "acting against national
security" and "propaganda against the system." Following international protests,
on November 4, the judiciary reduced her sentence to 10 lashes and two and a
half years in prison and on November 10, authorities temporarily suspended her
sentence.
On August 12, authorities sentenced Nasim Sarbandi and Fatemeh Dehdashti to
six months in prison and two-year suspended sentences reportedly for collecting
signatures for the One Million Signatures campaign at a Tehran train station.
On October 9, authorities arrested Ronak Safarzadeh in the city of Sanandaj
for collecting signatures for the One Million Signatures campaign.
On November 4, student Hana Abdi was also arrested for collecting signatures
for the One Million Signatures campaign. No known charges were filed, and both
Abdi and Safarzadeh remained in prison at year's end.
On November 18, authorities arrested women's rights activist and journalist
Maryam Hosseinkhah. She was accused of "propaganda against the system."
Hosseinkhah was one of the publishers of Zanestan Web site, which was shut down
on November 17. She reportedly remained in detention in Evin Prison, unable to
meet the $107,000 (1 billion rials) bail. Authorities reportedly denied her
lawyer access to the details of her case.
On December 1, authorities arrested women's rights activist Jelveh Javaheri
following an interrogation at the security branch of the revolutionary court.
Authorities reportedly charged her with "inciting public opinion," "propaganda
against the system," and "publishing false information."
The government Center for Women and Family continued to publish reports on
feminism with a negative slant and limited the debate on women's issues to only
those related to the home.
Although spousal abuse and violence against women occurred, reliable
statistics were not available. Abuse in the family was considered a private
matter and seldom discussed publicly, although there were some efforts to change
this attitude. Rape is illegal and subject to strict penalties, but it remained
a problem. There was no further information on the activity of the Center for
Women's Participation committee, based in the health ministry, to combat
violence against women.
According to a 2004 report on the country from the Independent Researchers on
Women's Issues, there were no reliable statistics on honor killings, but there
was evidence of "rampant" honor killings in the western and southwestern
provinces, in particular Khuzestan and Elam. The punishment for perpetrators was
often a short prison sentence.
Prostitution is illegal, but "sigheh," or temporary marriage, is legal.
Accurate information regarding the extent of prostitution was not widely
available. Press reports described prostitution as a widespread problem, with a
media estimate of 300,000 women working as prostitutes. The problem appeared
aggravated by difficult economic conditions and rising numbers of drug users and
runaway children.
Although a male can marry at age 15 without parental consent, the 1991 civil
law states that a virgin female needs the consent of her father or grandfather
to wed, or the court's permission, even if she is older than 18. The country's
Islamic law permits a man to have up to four wives and an unlimited number of
temporary partnerships (sigheh), based on a Shi'a custom in which a woman may
become the wife of a Muslim male after a simple religious ceremony and a civil
contract outlining the union's conditions. Temporary marriages may last for any
length of time and are used sometimes by prostitutes. Such wives were not
granted rights associated with traditional marriage.
Women have the right to divorce if the husband signed a contract granting
that right or if he cannot provide for his family, is a drug addict, insane, or
impotent. However, a husband was not required to cite a reason for divorcing his
wife.
A widely used model marriage contract limited privileges accorded to men by
custom, and traditional interpretations of Islamic law recognized a divorced
woman's right to a share in the property that couples acquire during their
marriage and to increased alimony. Women who remarry were forced to give the
child's father custody of children from earlier marriages. However, the law
granted custody of minor children to the mother in certain divorce cases in
which the father was proven unfit to care for the child. The law provides women
preference in custody for children up to seven years of age; thereafter, the
father is entitled to custody. After the age of seven, in disputed cases custody
of the child was to be determined by the court.
The penal code includes provisions for stoning persons convicted of adultery,
although judges were instructed in 2002 to cease imposing such sentences. During
the year, authorities carried out the sentence against one man, Jafar Kiani.
Rights groups reported that at least nine people-—mostly women—-remained
sentenced to death by stoning in the country. In addition a man could escape
punishment for killing a wife caught in the act of adultery if he was certain
she was a consenting partner; the same rule does not apply for women. Women may
also receive disproportionate punishment for crimes, including death sentences.
In July human rights groups and activists called on the government to end the
practice of stoning.
The testimony of two women equates with that of one man. The blood money paid
to the family of a female crime victim was half the sum paid for a man.
Women had access to primary and advanced education. Reportedly over 60
percent of university students were women; however, social and legal constraints
limited their professional opportunities. Women were represented in many fields
of the work force, including the legislature and municipal councils, police, and
firefighters. However, their unemployment rate reportedly was significantly
higher than for men, and they represented only 11 percent of the workforce.
Women reportedly occupied 1.2 percent of higher management positions and 5.2
percent of managerial positions.
Women cannot serve as president or as certain types of judges (women can be
consultant and research judges without the power to impose sentences). The
constitution requires that Assembly of Experts candidates have a certain
religious qualification. Citing this requirement, some religious leaders gave
qualified support for the candidacy of women in the Assembly of Experts
elections. In December 2006 two women took the religious qualification exam, but
neither passed.
Women owned property and businesses in their name, and they obtained credit
at a bank. The law provides maternity, child care, and pension benefits. The
number of women's NGOs has reportedly increased from approximately 130 to 450 in
the past decade.
The government enforced gender segregation in most public spaces and
prohibited women from mixing openly with unmarried men or men not related to
them. Women must ride in a reserved section on public buses and enter public
buildings, universities, and airports through separate entrances.
The penal code provides that if a woman appears in public without the
appropriate Islamic covering (hijab), she can be sentenced to lashings and/or
fined. However, absent a clear legal definition of appropriate hijab or the
punishment, women were at the mercy of the disciplinary forces or the judge.
Pictures of uncovered or immodestly dressed women in the press or in films were
often digitally altered.
Children
There was little current information available to assess government efforts
to promote the welfare of children. Except in isolated areas of the country,
children had free education through the 12th grade (compulsory to age 11) and
the right to some form of health care. Health care generally was regarded as
affordable and comprehensive with competent physicians. Courts issued death
sentences for crimes committed by minors.
Only a few cities had a youth prison, and minors were sometimes held with
adult violent offenders. According to UN Integrated Regional Information
Networks (IRIN) there were 300 boys and 40 girls at the Tehran youth prison,
with the average age of 14, but some were as young as age six. Children whose
parents could not afford court fees were reportedly imprisoned for petty
offenses including shoplifting, wearing make-up, or mixing with the opposite
sex.
There was little information available to reflect how the government dealt
with child abuse, including child labor. Abuse was largely regarded as a
private, family matter. According to IRIN, child sexual abuse was rarely
reported. Nonetheless, according to the government's 2005 report on the rights
of the child, the health ministry developed over the past few years an action
plan with UNICEF to fight child abuse, including training health ministry
officials on the rights of the child. A 2005 UNICEF conference in Tehran
addressed problems relating to child sexual abuse, including identifying,
investigating, and protecting victims.
According to some reports, it was not unusual in rural areas for parents to
have their children marry before they become teenagers, often for economic
reasons. The law requires court approval for the marriage of girls younger than
13 and boys younger than 15.
In 2006 the government reduced the school fees charged for Afghan students,
according to a Western NGO. However, there were reportedly significant numbers
of children, particularly Afghan but also Iranian, working as street vendors in
Tehran and other cities and not attending school. According to government
sources, three million children were prevented from obtaining an education
because their families forced them to work. Unofficial sources claimed the
figure was closer to five million. In 2005 government representatives told the
UN Committee on the Rights of the Child that there were fewer than 60,000 street
children in the country. Tehran reportedly opened several shelters for street
children during the year. The government's 2005 report on the rights of the
child claimed 7,000 street children had been resettled.
Trafficking in Persons
The law prohibits human trafficking. However, according to foreign observers,
women and girls were trafficked from the country to Pakistan, Turkey, Europe,
and the Gulf States for sexual exploitation. Boys from Bangladesh, Pakistan, and
Afghanistan were trafficked through the country to Gulf States. Afghan women and
girls were trafficked to the country for sexual exploitation and forced
marriages. Internal trafficking for sexual exploitation and forced labor also
occurred. The government did not fully comply with the minimum standards for the
elimination of trafficking.
In September, according to domestic news, police disbanded an international
smuggling network based in Tehran, but it was unclear how many, if any, of these
were actual trafficking offenses. The group smuggled women and girls from
Central Asia through Iran to the Gulf States. Police reportedly arrested 25
people for involvement in the network. However, there were also reports that the
government arrested and punished several trafficking victims on charges of
prostitution or adultery.
Persons with Disabilities
Although in 2004 the Majles passed a law on the rights of disabled persons,
it was not known whether implementing legislation followed. There was no
information available regarding whether the government legislated or otherwise
mandated accessibility for persons with disabilities or whether discrimination
against persons with disabilities was prohibited. No information was available
on which government agencies were responsible for protecting the rights of
persons with disabilities.
National/Racial/Ethnic Minorities
The constitution grants equal rights to all ethnic minorities and allows for
minority languages to be used in the media and schools. State broadcasting had
weekly programs in various ethnic languages. In practice, however, the
government did not always permit minority groups, such as Azeris, Kurds, and
Ahvazi Arabs, to use their respective languages in schools. Few minority groups
called for separatism but instead complained of political and economic
discrimination.
In 2005 the UNSR for Adequate Housing reported that ethnic and religious
minorities, nomadic groups, and women faced discrimination in housing and land
rights, compounded by the rising cost of housing. The Ahvazi representative in
the previous Majles wrote a letter to then-president Khatami, complaining that
Arab land was being bought at very low prices or even confiscated. He also said
Arab political parties were not allowed to compete in elections, and Arabic
newspapers and magazines were banned.
Interior Minister Mustafa Purmohammadi ranked ethnic divisions as one of the
biggest problems his ministry had to address. The government blamed foreign
entities, including a number of Western countries, for instigating some of the
ethnic unrest. Other groups claimed the government staged the bombs in Khuzestan
during 2005 and 2006 as a pretext for repression.
In March 2006 Kurds clashed with police, reportedly resulting in three deaths
and over 250 arrests. There were also clashes in June 2005, and there were
strikes and demonstrations in July and August 2005 following the killing of a
Kurdish activist by security forces. According to HRW and other sources,
security forces killed at least 17 persons and wounded and arrested large
numbers of others.
Foreign representatives of the Ahvazi Arabs of Khuzestan claimed their
community of two to four million in the southwest section of the country
suffered from persecution and discrimination, including the lack of freedom to
study and speak Arabic. In early 2006 there were several bombings in Khuzestan.
The government blamed the violence on outside forces and foreign governments,
although the revolutionary court later announced death sentences for at least 11
ethnic Arabs in connection with the bombings. After the first bombing in January
2006, the Ahvazi Arab Revival Party, an irredentist group, criticized the
government for blaming its problems on foreign governments and warned that there
would be more violence if the government did not change its policies regarding
ethnic Arabs.
Provincial authorities sentenced 19 Ahvazi Arabs to death in connection with
the October 2005 and January and February 2006 bombings. Human rights groups
have accused the government of torturing prisoners to extract confessions and
unfair trial practices; they called on the government to retry at least 10 of
the accused bombers.
Ahvazi and human rights groups alleged torture and ill-treatment of Ahvazi
Arab activists, including detention of the spouses and young children of
activists.
In 2005 protests in Ahvaz followed the publication of a letter—-termed a
forgery by the government—-allegedly written in 1999 by an advisor to
then-president Khatami--that referred to government policies to reduce the
percentage of ethnic Arabs in Khuzestan.
Ethnic Azeris composed approximately one-quarter of the country's population,
were well integrated into the government and society and included the supreme
leader. However, Azeris complained of ethnic and linguistic discrimination,
including banning the Azeri language in schools, harassing Azeri activists or
organizers, and changing Azeri geographic names. The government traditionally
viewed Azeri nationalism as threatening, particularly since the dissolution of
the Soviet Union and the creation of an independent Azerbaijan. Azeri groups
also claimed that there were a number of Azeri political prisoners jailed for
advocating cultural and language rights for Iranian Azerbaijanis. The government
has charged several of them with "revolting against the Islamic state."
In May 2006 there were large-scale riots in the Azeri majority regions of the
northwest following publication of a newspaper cartoon considered insulting to
Azeris. The cartoon depicted a cockroach speaking in the Azeri language. Police
forcibly contained the protests, and police officials reported that four persons
were killed and several protesters were detained. Authorities blamed foreign
governments for inciting unrest.
According to AI, on May 14, authorities beat and detained Azeri
language-rights activist Amir Abbas Banayi Kazimi in Tabriz. His family claimed
he was subject to torture.
Other Societal Abuses and Discrimination
In 2004 the judiciary formed the Special Protection Division, a volunteer
unit that monitored and reported moral crimes. The law prohibited and punished
homosexuality; sodomy between consenting adults was a capital crime. The
punishment of a non-Muslim homosexual was harsher if the homosexual's partner
was Muslim. At a speech at Columbia University in September, the president
publicly denied the existence of homosexuals in the country.
According to health ministry statistics announced in October 2006, there were
more than 13,000 registered HIV-positive persons in the country, but unofficial
estimates were much higher; most were men. Transmission was primarily through
shared needles by drug users, and a study showed shared injection inside prison
to be a particular risk factor. There was a free anonymous testing clinic in
Tehran, and government-sponsored low-cost or free methadone treatment for heroin
addicts, including in prisons. The government also started distributing clean
needles in some prisons. The government supported programs for AIDS awareness
and did not interfere with private HIV-related NGOs. Contraceptives, including
free condoms, were available at health centers as well as in pharmacies.
Nevertheless, persons infected with HIV reportedly faced discrimination in
schools and workplaces.
Section 6 Worker Rights
a. The Right of Association
The law provides workers the right to establish unions; however, in practice
the government did not permit independent unions. A national organization known
as Workers' House was the sole authorized national labor organization. It served
primarily as a conduit for government control over workers. The leadership of
Workers' House coordinated activities with Islamic labor councils, which
consisted of representatives of workers and a representative of management in
industrial, agricultural, and service organizations consisting of more than 35
employees. The Islamic labor councils also functioned as instruments of
government control and frequently blocked layoffs and dismissals.
The law allows employers and employees to establish guilds. The guilds issued
vocational licenses and helped members find jobs. Instances of late or partial
pay for government workers reportedly were common.
In 2005 workers appointed a committee to lobby for the right to form labor
associations. The committee issued a statement signed by 5,000 workers that it
did not recognize agreements signed between the government and the International
Labor Organization (ILO) because workers had no independent representation at
discussions. Workers criticized official unions for being too close to the
government.
On April 7, security forces arrested 45 members of the Hamedan Teachers'
Association. The organization was reportedly banned and judiciary officials said
the teachers were arrested because of their continued affiliation with a banned
organization.
On April 9, labor activist Mahmoud Salehi, former head of the Saqqez Bakery
Workers' Union, was detained by security forces and subsequently sentenced to
one year in prison and three years' suspended sentence. He remained in prison
and was reportedly in poor health. On December 11, he was hospitalized for
complications related to his being denied proper treatment for chronic kidney
disease. Salehi's earlier sentence in 2005 was overturned on appeal. A November
2006 report indicated that Salehi was sentenced to four years' imprisonment for
committing crimes against the country's internal security but was not detained
until April. Fellow labor activist Jalal Hosseini was reportedly sentenced to
two years' imprisonment on similar charges in November 2006; however, on April
10, he was reportedly not in prison.
On July 10, unidentified men arrested labor leader Mansur Osanloo and
detained him in Evin Prison. He was also repeatedly arrested in 2006. Osanloo,
the head of the Syndicate of Bus Drivers of the Tehran and Suburbs Bus Company
(Sherkat-e-Vahed), had been targeted by the government because of his calls for
labor rights. Osanloo's health has suffered in prison, and on October 21, he
underwent eye surgery to prevent blindness in his left eye. At year's end, he
remained in prison.
On August 9, authorities arrested Ebrahim Madadi and four others for
protesting the arrest of Osanloo. On December 16, Madadi was released from jail
following an appeals court ruling that cleared him of the charge of acting
against national security.
b. The Right to Organize and Bargain Collectively
Although the labor code was amended in 2003 to permit workers to form and
join "trade unions" without prior permission if registration regulations are
observed, workers did not have the right to organize independently and negotiate
collective bargaining agreements.
Workshops of 10 employees or fewer were exempt from labor legislation.
According to the International Trade Union Confederation (ITUC), more than
400,000 of the country's 450,000 workshops were exempt circa 2003.
The law prohibits public sector strikes, and the government did not tolerate
any strike deemed contrary to its economic and labor policies; however, strikes
occurred. There were no mechanisms to protect worker rights in the public
sector, such as mediation or arbitration.
According to the ITUC, labor legislation did not apply in export processing
zones.
c. Prohibition of Forced or Compulsory Labor
The law permits the government to require any person not working to take
suitable employment; however, this requirement did not appear to be enforced
regularly. The law prohibits forced and bonded labor by children; however, this
law was not enforced adequately, and such labor by children was a serious
problem.
d. Prohibition of Child Labor and Minimum Age for Employment
The law prohibits forced and bonded labor by children; however, child labor
appeared to be a serious problem. The law prohibits employment of minors less
than 15 years of age and places restrictions on the employment of minors under
age 18; however, the government did not adequately enforce laws pertaining to
child labor. The law permits children to work in agriculture, domestic service,
and some small businesses but prohibits employment of women and minors in hard
labor or night work. There was no information regarding enforcement of these
regulations.
e. Acceptable Conditions of Work
The law empowers the Supreme Labor Council to establish annual minimum wage
levels for each industrial sector and region. In 2006 President Ahmadi-Nejad
increased the minimum wage levels, but workers continued to claim it was too
low. There was no information regarding mechanisms to set wages, and it was not
known if minimum wages were enforced. The law stipulates that the minimum wage
should meet the living expenses of a family and take inflation into account.
However, many middle-class citizens had to work two or three jobs to support
their families.
The law establishes a maximum six-day, 48-hour workweek, with a weekly rest
day, normally Fridays, and at least 12 days of paid annual leave and several
paid public holidays.
According to the law, a safety council, chaired by the labor minister or his
representative, should protect workplace safety and health. Labor organizations
outside the country have alleged that hazardous work environments were common in
the country and resulted in thousands of worker deaths annually. The quality of
safety regulation enforcement was unknown, and it was unknown whether workers
could remove themselves from hazardous situations without risking the loss of
employment.
There was anecdotal evidence suggesting some government employees and
students voted in the 2005 presidential election and the December 2006 elections
to obtain the stamp proving they had voted. Without this stamp, they feared they
would have employment or enrollment problems.
___________
* The United States does not have an embassy in Iran. This report draws heavily
on non-U.S. Government sources.
... Payvand News - 03/12/08 ...
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