Source: Bureau of Democracy,
Human Rights, and Labor,
U.S. Department of
StateThe Islamic Republic of
Iran, with a population of approximately 70 million, is a constitutional,
theocratic republic in which Shia 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's writ 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. Civilian authorities did not fully maintain effective
control of 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. The government executed numerous persons for criminal
convictions as juveniles and after unfair trials. Security forces were
implicated in custodial deaths and committed other acts of politically motivated
violence, including torture. The government administered severe officially
sanctioned punishments, including death by stoning, amputation, and flogging.
Vigilante groups with ties to the government committed acts of violence. Prison
conditions remained poor. Security forces arbitrarily arrested and detained
individuals, often holding them incommunicado. Authorities held political
prisoners and intensified a crackdown against women's rights reformers, ethnic
minority rights activists, student activists, and religious minorities. There
was a lack of judicial independence and fair public trials. The government
severely restricted civil liberties, including freedoms of speech, expression,
assembly, association, movement, and privacy, and it 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 arrested numerous union organizers. Child
labor remained a serious problem. On December 18, for the sixth consecutive
year, the UN General Assembly (UNGA) adopted a resolution on Iran 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.
On January 6, security forces arrested
Kurdish-Iranian student Ebrahim Lotfallahi as he left a university exam.
According to a domestic human rights group, the revolutionary court in the
province of Sanandaj had issued an arrest warrant, but Lotfallahi's family was
not aware of the charges against him. Nine days later, the authorities notified
Lotfallahi's family of his death and told them he had committed suicide in
prison. Intelligence officials buried Lotfallahi in secret against the wishes of
his family, who did not believe he had committed suicide. On February 9, the
judiciary announced there would be no autopsy conducted on Lotfallahi, nor an
investigation into his death. According to the domestic press, intelligence
officials threatened to file charges against Lotfallahi's family for publicly
questioning the suicide claim.
On May 16, family members alleged that Kurdish
political prisoner Kaveh Azizpour died in police custody due to torture,
according to press reports. Authorities had arrested Azizpour in 2006 and
charged him with supporting the banned Kurdish Democratic Party of Iran.
Judiciary officials stated that 25-year-old Azizpour died as a result of a
stroke, but family members argued that the stroke was caused by torture.
On November 27, according to domestic human
rights activists, security agents in Zahedan entered a private home and severely
beat Bahman Rigi and a man identified only as "Mohammad" before taking them to
an undisclosed location. Four days later, officials notified Mohammad's family
that he had died in custody due to withdrawal from methamphetamines. Mohammad's
family stated he did not have a history of drug use and that his body showed
obvious signs of severe abuse such as a cranial fracture, bruises, and broken
fingers. According to activists, authorities targeted Rigi and Mohammad because
they were members of the Baluch ethnic group.
On December 21, according to domestic press
reports, Ali Sadeqi, a prisoner in Dastgerd Prison in Isfahan whom authorities
arrested on charges of drug trafficking, allegedly died from torture while in
custody.
There were no updates in the May 2007 killing of
11-year-old Roya Sarani, reportedly by members of the Law Enforcement Forces (LEF).
The government did not investigate the incident.
On February 26, judiciary officials reportedly
agreed to exhume the body of Zahra Bani-Ameri (also known as Zahra Bani-Yagoub)
at the request of her family to determine the cause of her death; by year's end
this had not happened. In October 2007 Bani-Ameri, a 27-year-old female
physician, died while in custody in the town of Hamedan. Security forces
arrested her and her fiance in a public park on charges of having an "illegal
relationship." The next day, officals informed her family that she committed
suicide while in detention.
According to international press reports,
authorities executed approximately 240 individuals during the year following
unfair trials (trials conducted in secret or without adhering to basic
principles of due process). Exiles and human rights monitors alleged that many
persons 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 (conversion from Islam),
"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."
On August 4, authorities in Zahedan executed
journalist and education activist Yaghoob Mirnehad after a secret trial in which
he was accused of ties to the militant group People's Resistance Movement of
Iran (formerly Jundallah). Human rights organizations believe Mirnehad, an
ethnic Baluch, was targeted because he criticized local government officials in
Sistan va Baluchistan province.
Public executions continued throughout the year
despite the judiciary chief's January 30 directive banning them (except in cases
he approved). On July 10, officials in Bushehr province hanged four men in a
public square in Borazjan. On July 14, a government-owned radio station reported
that six men were publicly hanged in Khorasan province. The report did not
identify the men by name and provided no details of the charges against them.
The government executed minors and juvenile
offenders despite an October 15 judicial directive banning the practice. Three
days after the prohibition was announced, Hussein Sebhi, deputy for judicial
affairs to the prosecutor general, told the press the ban applied only to
narcotics cases and judges did not have the authority to vacate the death
penalty in murder cases. On September 2, UN Commissioner for Human Rights Navi
Pillay called on the government to end the practice of juvenile executions.
According to press reports, authorities executed at least eight juvenile
offenders during the year, and approximately 130 remained on death row at year's
end.
For example, on June 10, authorities in Sanandaj
executed 16-year-old Mohammed Hassanzadeh for his alleged role in the death of
another youth. Hassanzadeh was 14 at the time of the incident.
On August 19, authorities in Isfahan hanged
20-year-old Seyyed Reza Hejazi for his alleged role in the death of a man during
a fight involving several others. Hejazi, who was 15 at the time, insisted he
did not intend to kill the man. According to human rights organizations,
authorities failed to give Hejazi's lawyer 48 hours' notice of the pending
execution as required by law.
During the year, the government did not
investigate allegations from human rights groups that authorities in the
southeastern province of Sistan va Baluchistan executed at least 50 detainees in
2007 after reportedly unfair trials for attacks against government officials.
In January 2007 three UN independent experts
released a joint statement calling on the government to halt the imminent
executions of seven Ahvazi Arabs--Ghasem Salami, Mohammad Lazem Kaabpour,
Abdolamir Farjolah Kaab, Alireza Asakereh, Majad Albughbish, Adolreza Sanawati
and Khalaf Dohrab Khanafereh--after unfair trials in Khuzestan province. The
status of these individuals was unknown at year's end. On January 29, officials
executed Ahvazi activist Zamel Bawi without providing his lawyer 48 hours'
notice, as required by law.
Adultery remained punishable by death by stoning.
On July 20, the international press reported that courts sentenced eight women
and one man to death by stoning for adultery and sex-related offenses. On August
5, judiciary spokesman Ali Reza Jamshidi announced that the government had
suspended several stoning sentences and commuted four to lashings or prison
terms. However, according to domestic human rights activists, on December 25,
officials in Mashhad executed two men by stoning, including Houshang Koudadadeh,
who was convicted of rape and adultery. A third convicted man, identified only
as Mahmoud G., escaped during the stoning.
On January 14, according to domestic press
reports, the case of the 2003 death of Zahra Kazemi, a dual Iranian-Canadian
citizen, was returned to the public prosecutor's office and the Tehran appeals
court to be reinvestigated. This action followed the Supreme Court's December
2007 annulment of the original verdict of the primary court. Kazemi, a
photojournalist arrested for taking pictures outside Tehran's Evin Prison during
a student-led protest, died in custody in 2003 after security forces tortured
her. Authorities admitted she died as a result of a blow to the head but claimed
the death was "unintentional," and acquitted an intelligence officer in 2004.
b. Disappearance
There were reports of politically motivated
abductions during the year. Plainclothes officers or security officials often
seized journalists and activists without warning and held them in incommunicado
detention for several days before permitting them to contact family members.
Families of executed prisoners did not always receive notification of their
deaths.
In January Sunni cleric Ayoub Ganji disappeared
after delivering a Friday sermon in Sanandaj in which he criticized the
government's exclusion of candidates in the Majles elections, as well as the
custodial death of Ebrahim Lotfallahi. After two weeks, an unmarked car dropped
Ganji off in Sanandaj; supporters had threatened to hold mass protests over his
disappearance. According to Human Rights Watch (HRW), Ganji was in poor physical
condition and suffered from hallucinations and amnesia.
The Iranian-American Jewish Federation reported
that 11 Jewish men who disappeared in 1994 and 1997 remained missing. In 2007
witnesses claimed they saw some of the men in Evin Prison.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The constitution and law prohibit torture;
however, there were numerous credible reports that security forces and prison
personnel tortured detainees and prisoners.
Common methods of torture and 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, 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. According to HRW, student activists were
particularly likely to be subjected to torture and abuse.
In March 30-year-old student activist Ahmad
Batebi fled the country; authorities had permitted him to leave Evin Prison
temporarily for medical treatment related to a partial stroke. Batebi, whose
death sentence for his involvement in a 1999 student protest was commuted to 15
years in prison, stated prison and security officials thrashed him with a metal
cable, beat his testicles, kicked in his teeth, and forced his face into a pool
of excrement. Batebi stated authorities often tied him to a chair and kept him
awake for multiple days and nights, cutting him and rubbing salt into the
wounds.
In October Peyman Fatahi was hospitalized after
security officials reportedly beat him severely after summoning him for
questioning related to his association with a group known as the "Ale-Yasin
community." Authorities first arrested Fatahi in June 2007 and conditionally
released him after holding him for six months in Evin Prison on charges of
"acting against national security." Group members alleged that he was also
severely beaten during his 2007 imprisonment.
In January 2007 former political prisoner Kianush
Sanjari alleged that he was subjected to "white torture" for extended periods of
time while detained at Evin Prison in late 2006. This is a form of extreme
sensory deprivation in which prisoners are not shown colors and are held in
complete silence (solitary confinement). According to activists, this kind of
torture leaves no physical trace, but instead attempts to crush the prisoner
psychologically.
In July 2007 the families of three student
activists arrested in May and June 2007 sent an open letter to the judiciary
chief alleging that security forces tortured their sons in Evin Prison where
they remained in solitary cells during the year. Although the judiciary chief
reportedly ordered an investigation into the allegations, according to human
rights activists, the results of the investigation were not released to the
public.
On April 10, HRW called for the government to
investigate allegations of torture of activists Behrooz Karimizadh, Peyman Piran,
Ali Kantouri and Majid Pourmajid, members of the organization Students Seeking
Freedom and Equality whom authorities arrested in December 2007.
Some judicially sanctioned corporal punishments
constituted cruel and inhuman punishment, including amputation for multiple
theft offenses and lashings and execution by stoning for adultery. In January
authorities in Sistan va Baluchistan province amputated the right hands and left
feet of five men convicted of armed robbery and kidnapping. On December 15,
according to domestic press reports, prison authorities amputated the hand of a
man convicted of robbery. Also in December a court sentenced a man to be blinded
with battery acid after the man was convicted of doing the same to a woman who
had declined his marriage proposals. The sentence had not been carried out by
year's end.
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 as a way to
force confessions. Overcrowding was a significant problem. In September the
UK-based International Center for Prison Studies reported that more than 150,000
prisoners occupied facilities constructed to hold a maximum of 65,000 persons.
Numerous prisoners complained that authorities intentionally exposed them to
extreme cold for prolonged periods.
Some prison facilities, including Evin Prison,
were notorious for cruel and prolonged torture of political opponents of the
government. Authorities also maintained "unofficial" secret prisons and
detention centers outside the national prison system, where abuse reportedly
occurred.
Human rights activists and international press
reported cases of political prisoners confined in the same wing as violent
felons. In December journalist Shahnaz Gholami, imprisoned for "jeopardizing
national security," began a hunger strike to protest being held in a ward with
convicted murderers and drug dealers. There were also reports of juvenile
offenders detained with adult offenders. Pretrial detainees occasionally were
held with convicted prisoners.
The government did not permit independent
monitoring of prison conditions by any outside groups, including the
International Committee of the Red Cross (ICRC). In September 2007 the
government granted foreign journalists a tour of Evin Prison for the second time
in two years. According to Agence France-Presse (AFP), during the visit the
director of Tehran prisons, Sohrab Soleimani, denied that there were political
prisoners in Evin Prison but told the journalists there were 15 prisoners in
Evin on "security" charges.
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 LEF under the Interior Ministry, and the Iran Revolutionary
Guard Corps (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.
Corruption and impunity were problems. The
regular and paramilitary security forces both committed numerous, serious human
rights abuses, but there were no transparent mechanisms to investigate security
force abuses and no reports of government actions to reform them.
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, and authorities
held detainees incommunicado, frequently denying them prompt contact with family
or timely access to legal representation. In practice there was neither a legal
time limit for incommunicado detention nor any judicial means to determine the
legality of the detention. According to the law, the state is obligated to
provide indigent defendants with attorneys only for certain types of crimes. The
courts set bail at prohibitively high levels, even for lesser crimes. Detainees
and their families were often compelled to submit property deeds to post bail.
Prisoners released on bail did not always know how long their property would be
retained or when their trials would be held.
There were numerous reports of arbitrary and
false arrests during the year.
On February 21, authorities arrested Ebrahim
Mirnehad, the brother of journalist Yaghoob Mirnehad, executed on August 4 for
alleged ties to separatists. Security agents also reportedly arrested his
companion, Fazlorahman Jahras. On September 16, a court in Zahedan sentenced
Mirnehad to five years' imprisonment on charges of "acting against national
security" and "spreading propaganda." According to Amnesty International (AI),
these charges related to his public condemnation of the death sentence imposed
on his brother. Authorities reportedly did not grant Mirnehad access to a lawyer
and tortured him in custody. Authorities released Jahras.
Adherents of the Baha'i faith continued to face
arbitrary arrest and detention. In March and May intelligence agents arrested
all seven members of the Baha'i national leadership body and held them in
incommunicado detention. On November 26, authorities extended the detention
orders for all seven prisoners by an additional two months. At year's end
charges had not been filed against the group.
In late June security agents seized brothers
Arash and Kamiar Alaei from their mother's home in Tehran. The two physicians,
both internationally known HIV/AIDS experts, were held incommunicado in Evin
Prison. On December 31, prosecutors in a revolutionary court began to try the
brothers for "communicating with an enemy government," a crime which carries a
sentence of up to 10 years' imprisonment. According to the doctors' attorney,
the government also made secret charges against the brothers. Neither the
brothers nor their attorney were informed of the charges, or provided a chance
to defend themselves against them. At the end of the year, the Alaeis remained
in Evin Prison, and authorities did not allow them to post bail.
In August authorities arrested university
professor Mehdi Zakerian for offenses related to national security, including
espionage, according to reports from his family. AI speculated that Zakerian's
arrest may have been related to his plans to leave the country for a job at a
foreign university. After an October 7 meeting with him supervised by security
agents, members of Zakerian's family expressed concern that he might have been
tortured in prison. Authorities released Zakerian from detention in mid-October.
In early December, three men claiming to be
security officers detained and interrogated an American academic for unspecified
reasons on two separate occasions for a total of nine hours in his hotel room.
The men threatened to prevent the American, traveling in the country as part of
a science exchange program, from leaving the country.
During the year and in 2007 security forces
separately arrested several Iranian-American activists and academics on charges
of espionage and "acting against national security." Prison authorities
subjected the individuals to harsh interrogation techniques and solitary
confinement and in most cases kept them in prison for several months.
During the year, authorities released Somaye
Bayanat, ex-wife of former political prisoner Ahmed Batebi. Bayanat, a dentist,
had been detained on charges of forging medical documents and performing illegal
abortions since her arrest by plainclothes security forces in February 2007.
Pretrial detention often and arbitrarily was lengthy, particularly in cases in
which violations of national security laws were alleged. Of the prisoners held
in state prison facilities, reportedly about one-quarter were pretrial
detainees.
In recent years the government used house arrest
to restrict the movements and communications of senior Shia 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.
e. Denial of Fair Public Trial
The constitution provides that the judiciary is
"an independent power"; in practice the court system was corrupt and 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 continued to be barred from serving as certain types of judges.
There are several court systems. The two most
active are traditional courts, which adjudicate civil and criminal offenses, and
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.
Trial Procedures
Many aspects of the prerevolutionary judicial
system survive in the civil and criminal courts. For example, according to the
constitution and the criminal procedure code, a defendant has the right to a
public trial, presumption of innocence, a lawyer of his or her choice, and the
right of appeal in most cases involving major penalties. 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. Defendants
did not have the right to confront their accusers, and were not granted access
to government-held evidence.
UN representatives, including UN special representatives (UNSRs) and the UN
Working Group on Arbitrary Detention, as well as independent human rights
organizations, noted the absence of procedural safeguards in criminal trials.
Numerous human rights groups condemned trials in the revolutionary courts for
disregarding international standards of fairness. Revolutionary court judges
were chosen in part due to their ideological commitment to the system.
Authorities often charged individuals with undefined crimes, such as
"antirevolutionary behavior," "moral corruption," and "siding with global
arrogance." If postrevolutionary statutes did not address a situation, the
government advised judges to give precedence to their knowledge and
interpretation of Islamic law. Secret or summary trials of only five minutes'
duration occurred frequently. Other trials were deliberately designed to
publicize a coerced confession.
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 a 2007 AI report, defendants could
only be represented by court-nominated clerics 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. 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
Exact data regarding the number of citizens
imprisoned for their political beliefs were not available; however, human rights
activists estimated the number in the hundreds. Although there were few details,
the government 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 it would treat threats to national security.
Authorities occasionally gave political prisoners
suspended sentences or released them for short or extended furloughs prior to
completion of their sentences, but they could be ordered back to prison at any
time. These suspended sentences often were 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 attempted to intimidate
the activists by calling them in repeatedly for questioning. Numerous observers
considered Tehran public prosecutor Saeed Mortazavi the most notorious
persecutor of political dissidents and critics.
Authorities routinely held political prisoners in
solitary confinement for extended periods of time and denied them 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 to political prisoners by international humanitarian organizations.
The government reportedly held some persons in
prison for years under charges of sympathizing with outlawed groups, such as the
terrorist organization Mujahedin-e-Khalq (MEK).
On January 14, police arrested writer and student
leader Amin Ghazain Tehran along with 14 other students. At year's end,
according to AI, authorities reportedly held him in solitary confinement in Evin
Prison without charge or trial despite several health problems. Authorities
reportedly tortured him and denied him access to family or counsel.
On July 19, a court sentenced political prisoner
Behrouz Javid-Tehrani, first arrested during the 1999 student uprising, to three
more years in prison following a secret trial in which he did not have legal
representation. According to human rights organizations, he was convicted of
having contact with foreign opposition groups. At the time of the most recent
conviction, Javid-Tehrani was in solitary confinement in Gohardasht Prison in
Karaj. Javid-Tehrani alleged security agents severely tortured him on numerous
occasions while he was incarcerated.
On February 27, authorities released Azeri
cultural and linguistic rights activist Jelil Ghanilou after he posted bail of
860 million rials (approximately $86,000). Ghanilou claimed he faced torture and
constant interrogation after his February 2007 arrest. He was neither charged
nor given access to legal representation. AI considered Ghanilou a "prisoner of
conscience," detained solely because of the peaceful exercise of his right to
freedom of expression in connection with his participation in International
Mother Language Day. Authorities released him on bail but rearrested him in May
2007 following demonstrations marking the anniversary of the 2006 publication of
a cartoon many Iranian Azeri activists considered offensive.
On May 11, a revolutionary court sentenced Azeri
human rights lawyer Saleh Kamrani to a five-year suspended sentence after
charging him with "publicity against the Islamic Republic." In August 2007
security forces detained Kamrani and did not inform his family of his
whereabouts for several days. Authorities released him in December 2007 after he
paid approximately 1.5 billion rials (approximately $150,000) in bail.
On July 12, a Tehran revolutionary court upheld
an eight-year prison sentence against political activist Abbas Khorsandi for
"acting against national security through formation of an illegal association."
According to human rights groups, Khorsandi founded the Iran Democratic Party,
an Internet forum for political debate. Security forces arrested him at his shop
in Tehran province in September 2007 and held him incommunicado for three
months. At year's end Khorsandi remained in Evin Prison and was reportedly not
allowed to see a doctor despite being in ill health.
On April 7, Hadi Qabel, a reformist cleric and
member of the reformist political group Islamic Iran Participation Front, began
a 40-month term in prison for acting against national security, propaganda
against the state, and disturbing public opinion. Qabel, who was tried by the
special court for the clergy, also was defrocked. After his initial arrest in
September 2007, more than 580 activists and academics released a statement
calling for Qabel's release. According to press descriptions, the statement
called Qabel's arrest and others an attempt by the government to create a
"suffocating environment" in advance of the 2008 Majles elections.
On October 5, authorities officially released
journalist and human rights lawyer Emadoldin Baghi, head of the Society for the
Defense of Prisoners' Rights, three days before the end of the one-year sentence
he was serving. Officials provisionally released Baghi on September 15 to seek
treatment for severe health problems he developed while in custody. In July 2007
a revolutionary court convicted Baghi of "activities against national security"
and "publicity in favor of the regime's opponents" for his public criticism of
the death sentences imposed on several Iranian Arabs in 2005. The court also
reportedly sentenced Baghi's wife and daughter to three years in prison,
suspended in favor of five years' probation for "assembly and collusion with the
aim of committing offenses against the country's national security." While
serving his prison sentence, prosecutors brought new charges against Baghi
related to his criticism of the treatment of imprisoned human rights activist
Sayed Ali Akbar Mousavi-Kho'ini. At year's end these charges were pending.
On November 8, according to press reports,
authorities rearrested Ali Nikunesbati, spokesman for the student group Office
for Consolidating Unity. Nikunesbati's father said security agents also
confiscated his computer and personal documents from his home. In 2007 security
forces detained Nikunesbati twice for his role in student protests.
In November supporters of dissident cleric
Ayatollah Mohammad Kazemeini Boroujerdi reported that prison authorities
severely beat him and moved him from Evin Prison to an undisclosed location
despite appeals for release on medical grounds. Police arrested Boroujerdi at
his home in 2006, reportedly after he had come under increased pressure from the
government for his belief that religion and the state should be separated.
Boroujerdi has been arrested and imprisoned several times since 1992 and claimed
he was tortured and threatened with execution. In October authorities also
rearrested nine of 70 of his followers who were originally arrested in late 2006
and released in 2007.
On October 29, authorities released Azeri
activist Abbas Lisani after he completed two consecutive sentences totaling 30
months in prison for participation in two demonstrations. According to AI,
security agents interrogated Lisani for 10 hours in early October about his
post-release plans, and the Ardebil general prosecutor personally threatened
Lisani and his family.
Civil Judicial Procedures and Remedies
By law, the judiciary was independent from the
executive and legislative branches; in practice it remained under the influence
of executive and religious government authorities. 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, 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 targeted. The UNSR's
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 government
agents entered, searched, or ransacked the homes and offices of reformist
journalists 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 continued its crackdown on "un-Islamic dress" or "bad
hijab" (headcovering). According to press reports, morality police stopped or
detained more than two million individuals during the year and in 2007 for
"inappropriate hairstyles" or wearing headscarves that revealed too much hair.
There were reports that police used force in these instances less frequently
after an image of a girl's face covered in blood following a beating by police
for un-Islamic dress was circulated widely in 2007. According to press reports,
the Tehran police chief stated the girl had "instigated the incident herself."
In December, according to press reports, police in the northern city of
Qaemshahr arrested 49 persons for "appearing in public wearing satanic fashions
and unsuitable clothing."
There were also reports during the year that the
MOIS pressured families of political prisoners, banning them from speaking to
foreign press and blocking their telephone conversations. Radio Free Europe
journalist Parnaz Azima, sentenced in absentia in March to a one-year prison
sentence for "propaganda against the regime," stated the government threatened
to seize her 95-year-old mother's home if she did not return to the country to
serve the sentence.
Authorities entered homes to remove satellite TV
dishes, although the majority of satellite dishes in individual homes reportedly
continued to operate.
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. HRW reported
that authorities "systematically suppressed freedom of expression and opinion"
during the year. 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. Journalists were
frequently threatened as a consequence of their work.
The government continued to crack down on
underground music groups (any group that fails to obtain a recording license
from the Ministry of Culture and Islamic Guidance). In October, according to
human rights activists, security forces arrested a group of rap musicians
returning from a trip to Dubai. Eyewitnesses reported seeing them in Evin
Prison. Rap music is forbidden in the country; according to the BBC, it is
particularly popular among young men due to its political, social, and sexual
lyrics.
In December the Tehran prosecutor general
announced the creation of a special office to review Internet and text
message-related crimes associated with the June 2009 presidential election.
The country's media outlets were varied,
including state-controlled television, radio, and print publications, as well as
private newspapers and magazines that cover current affairs, politics, the arts,
and sports. The government closely monitored all media outlets, and private
media lacked independence in practice. Press members who failed to abide by the
government's guidelines faced intimidation, arrest, or closure of their
publications. As a result, the government held significant influence over all
media in the country. The government's Press Supervisory Board (PSB) was
responsible for issuing press licenses, which it sometimes revoked in response
to critical articles, and for examining complaints filed against publications or
individual journalists, editors, or publishers.
International media did not operate freely; the
government required foreign correspondents to provide detailed travel plans and
proposed stories before granting visas, and it closely monitored and attempted
to influence reporting to garner more favorable coverage. Authorities did not
renew the visa and residence permit for Robert Tait, a British correspondent for
The Guardian, forcing Tait to leave the country on January 4. Tait had
previously been ordered to leave the country in March 2007 but had successfully
appealed the order. On July 22, authorities ordered AFP's Tehran bureau chief
Stuart Williams to leave the country, despite Williams' possession of a valid
resident's permit. This happened less than two weeks after the AFP reported that
the government doctored pictures of a recent missile test.
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 socioreligious ideology. Because
newspapers and other print media had 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, and
the government periodically confiscated them from homes. Private broadcasting
was illegal.
The government imposed significant restrictions
on press outlets and banned or blocked some publications that were critical of
the government, including Zanan, Asr-e Panjshanbeh, Rah-e Ayandeh, Tehran Emrouz,
Hamshahri, Sargarmi, and Sharvand-e Emrouz. The government banned Kargozaran for
publishing an excerpt from a statement by a student group that criticized Hamas
actions during the crisis in Gaza. The closure of reformist newspapers led to
unemployment among progressive journalists, effectively silencing them. On March
16, the PSB announced the closure of nine cinema and lifestyle magazines for
publishing pictures and stories about the life of "corrupt" foreign film stars
and promoting "superstitions." On March 20, domestic press reported that the
government had banned 27 publications in 2007.
The PSB referred complaints to the press court
for further action, including closure. The court's hearings were conducted in
public with a jury composed of appointed clerics, government officials, and
editors of government-controlled newspapers. Public officials often lodged
criminal complaints against reformist newspapers that led to their closure,
along with fines for offending writers. Some human rights groups asserted that
the increasingly conservative press court assumed responsibility for cases
before PSB consideration.
The press law forbids censorship but also forbids
disseminating information that may damage the Islamic Republic or offend its
leaders and religious authorities, and censorship occurred. Government officials
also routinely intimidated journalists into practicing self-censorship.
On January 15, an Interior Ministry official told
an Iranian Students News Agency reporter the media could not use the names of
unauthorized political parties. In September 2007 the deputy interior minister
announced that "publications and other media outlets are forbidden from writing
about parties or political groups that have not obtained a license." These
actions followed other reports of government efforts to limit political debate
and the spread of information in advance of the Majles elections.
On April 26, Minister of Culture and Islamic
Guidance Mohammad Hossein Saffar-Harandi told publishers and writers that they
"were aware of the vetting code, so (they should) censor pages which are likely
to create a dispute" and urged writers to observe the country's "religious,
moral, and national sensitivities."
On September 30, according to a press report,
former Deputy Interior Minister Mostafa Tajzadeh stated that the government
imposed censorship regarding the government's nuclear policy "to the greatest
degree."
There were no updates to the July 2007
announcement by the head of the president's public relations office regarding
the creation of a special team to confront publications critical of the
government.
During the year, the government detained, jailed,
tortured, or fined numerous publishers, editors, and journalists (including
Internet media) for their reporting. The penal code states that "anyone who
undertakes any form of propaganda against the state" can be imprisoned as long
as one year; the law does not define "propaganda." The law also subjects writers
to prosecution for instigating crimes against the state or national security or
"insulting" Islam; the latter offense is punishable by death.
On June 13, authorities reportedly arrested
journalist Mahboubeh Karami after she criticized police for beating
demonstrators. She was held on a charge of "activity against national security"
in Evin Prison. Authorities released Mahboubeh on August 26 after she paid bail.
On July 25, Intelligence Ministry officials
arrested Kurdish journalist Saman Rasoulpour and detained him on charges of
"distributing propaganda against the state." He was released on bail on August
13. Rasoulpour works for a domestic nongovernmental organization (NGO) and
writes for the publication Rooz Online.
On September 10, authorities arrested four Azeri
journalists--Alireza Safari, Said Mohamadi, Hossain Rashedi, and Akbar Azad--as
they met with a political activist in Tehran. According to NGO reports, on
September 17, a judge ordered they be detained without access to a lawyer and
without informing their families of the charges against them. They were
reportedly released on bail on November 11.
On March 1, a Tehran court sentenced Radio Free
Europe journalist Parnaz Azima in absentia to a one-year prison sentence for
"propaganda against the regime," according to Reporters Without Borders (RSF).
Authorities confiscated Azima's passport in January 2007 when she entered the
country and prevented her from leaving for eight months. At year's end she
remained in self-imposed exile. In January authorities allowed French-Iranian
filmmaker Mehrnoushe Solouki to leave the country, according to RSF. In February
2007 authorities arrested 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 the government held her passport and
prevented her from leaving the country for 10 months.
On June 11, a Tehran revolutionary court
reportedly gave journalist Said Matinpour an eight-year suspended sentence for
"publicity against the Islamic Republic" and "maintaining relations with
foreigners." Matinpour was arrested in May 2007 and held in pretrial detention
until his release on bail on February 26, with no contact with his family or
lawyer for most of that time.
In August the supreme leader conditionally
released student journalists Ahmad Ghassaban, Ehsan Mansouri, and Majid Tavakoli
from prison. They had been detained since May and June 2007 on national security
charges related to a publication in a university newspaper.
On March 1, a court sentenced journalist Bahman
Ahmadi Amoee to a six-month suspended sentence for "activity against national
security." Police arrested Amoee, who works for the publication Sarmayeh, in
June 2007 while he was covering a demonstration in Tehran. At year's end,
authorities were holding his passport, preventing him from leaving the country.
On March 17, a court sentenced Kurdish journalist
Abdolvahed "Hiva" Boutimar to death for a second time on espionage-related
charges. The original July 2007 death sentence against Boutimar was overturned
in October 2007 on a procedural point, but his case was retried. On September 4,
the Supreme Court overturned a death sentence against Kurdish journalist Adnan
Hassanpour. The death sentence against Hassanpour was originally issued in July
2007 and following an appeal was upheld by the Supreme Court in December 2007.
Hassanpour, the cousin and colleague of Boutimar, currently faces retrial on
espionage-related charges.
The Ministry of Culture and Islamic Guidance must
grant permission to publish any book, and it inspected foreign printed materials
prior to their domestic release.
Internet Freedom
According to NGO reports, the government
increased control over the Internet during the year as more citizens used it as
a source for news and political debate. Government and independent reports
estimated that approximately 18 to 23 million citizens used the Internet. The
government imposed limits on Internet speed and technology, making it more
difficult to download Internet material or to circumvent government restrictions
to access blocked Web sites. In December RSF reported that the government
censored 38 Web sites during the year.
All Internet service providers (ISPs) must be
approved by the Ministry of Culture and Islamic Guidance, and the government
used filtering software to block access to domestic blogs and some Western Web
sites, reportedly including the Web sites of prominent Western news
organizations and NGOs. The government required all owners of Web sites and
blogs in the country to register with the Ministry of Culture and Islamic
Guidance; however, in practice this regulation was rarely enforced.
In February authorities banned five Web sites
"for poisoning the public domain," according to RSF. One of the sites, which was
operating again at year's end, had criticized Ayatollah Khomeini's grandson
after he questioned the government's disqualification of Majles election
candidates.
On April 8, authorities arrested blogger and
journalist Esmail Jafari and seized his computer equipment, which allegedly held
photos of a demonstration in Bushehr. Officials released Jafari on April 24, but
on December 6, a court sentenced him to five months in prison for
"antigovernment publicity." At year's end he was free pending an appeal.
On April 22, security forces arrested blogger
Omidreza Mirsayafi and detained him for 41 days in Evin Prison. On December 15,
a revolutionary court in Tehran sentenced him to 30 months in prison for
propaganda against the state and criticism of the supreme leader.
On May 9, authorities blocked access to Mehdi
Mohseni's blog after a post describing problems caused by pollution in
Khuzestan. The government has reportedly blocked access to this site four times
since 2004.
On May 21, the government blocked access to at
least 14 feminist Web sites in anticipation of the upcoming presidential
election, according to NGO reports. All of the sites had supported the "One
Million Signatures" campaign to change the country's laws that discriminate
against women.
On August 12, the government began filtering the
Web site Alef, making it inaccessible to users inside the country, according to
a domestic report. The report indicated that the site had questioned the
validity of new Interior Minister Ali Kordan's degree from Oxford University.
The filtering was lifted on August 30, following an order from the judiciary
chief.
On November 29, according to RSF, a clerical
court sentenced online journalist Mojtaba Lotfi to four years in prison and a
five-year banishment from his home city of Qom for publishing a sermon by
Ayatollah Hussein Ali Montazeri that was critical of the president. Authorities
arrested Lotfi in October. He was previously arrested in 2004 on similar
charges.
On November 20, security officers arrested
well-known blogger Hossein Derakhshan in Tehran. At the end of the year,
judiciary officials confirmed they were holding Derakhshan but did not specify
the charges against him.
In November authorities arrested blogger and
activist Shahnaz Gholami for publishing "propaganda against the Islamic
Republic" and "jeopardizing national security." A court sentenced her to six
months in prison.
Academic Freedom and Cultural Events
The government significantly restricted academic
freedom. In 2006 President Ahmadi-Nejad called for the removal of secular and
liberal professors from universities. Reports indicated dozens of university
professors were dismissed, forced to retire, or denied sabbaticals abroad since
2006. To obtain tenure, professors had to refrain from criticism of the
authorities.
Admission to universities was politicized; in
addition to standardized exams, all applicants had to pass "character tests" in
which officials eliminated applicants critical of the government's ideology.
Members of the Basij were given advantages in the admissions process. Student
groups reported that a "star" system inaugurated by the government in 2006 to
rank politically active students was still in use. Students deemed
"antigovernment" through this system reportedly were banned from university or
prevented from registering for upcoming terms.
The government censored cultural events with
stringent controls on cinema and theater and a ban on Western music. It also
monitored cultural associations. As the main source of production funding, the
government also effectively censored domestic filmmaking. Producers were
required to submit scripts and film proposals to government officials in advance
of funding approval. Movies promoting secularism, feminism, unethical behavior,
drug abuse, violence, or alcoholism were illegal, and some domestic directors
were blacklisted. A 2006 NGO report noted that censorship by authorities and a
culture of self-censorship strongly inhibited artistic expression in the
country.
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"; 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. According to
activists, the government arbitrarily applied rules governing permits to
assemble, with conservative groups rarely experiencing difficulty, and groups
viewed as critical of the government experiencing harassment regardless of
whether a permit was issued.
The government continued to prohibit and forcibly
disperse peaceful demonstrations during the year. Paramilitary organizations
such as the Ansar-e Hizballah also harassed, beat, and intimidated those who
demonstrated publicly for reform. They particularly targeted university
students.
From late February to early March, students at
Shiraz University held a peaceful sit-in; they called for the university
president's resignation, greater student freedom, and better dormitory
conditions. According to Radio Farda and the International Campaign for Human
Rights in Iran, authorities arrested at least a dozen of the organizers, beat
some of the students they arrested, and held some in solitary confinement during
their detention.
On June 12, police arrested at least nine women
who organized a meeting to commemorate the two-year anniversary of the largest
feminist demonstration in Tehran. Officials banned the meeting in advance and
stationed security forces outside the location. Authorities reportedly released
the women the following day.
Many individuals who participated in
demonstrations during 2006 and 2007 remained imprisoned at year's end. Ali Reza
Hashemi, head of the Iranian Teachers Organization, remained under a three-year
suspended sentence for "provoking teachers to gather and organizing to disrupt
the national security of the country."
Freedom of Association
The constitution provides for the establishment
of political parties, professional associations, Islamic religious groups, and
organizations for recognized religious minorities, as long as 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 through threats, intimidation, imposing
arbitrary requirements on organizations, and arresting group leaders and
members.
On October 1, security forces arrested teachers
seeking to attend a trade union meeting to discuss World Teachers Day, according
to Education International. Authorities released all of those arrested, although
Education International alleged that some of the teachers had been beaten.
According to foreign NGOs, authorities arrested as many as 400 teachers around
the country during the year.
On May 25, authorities released Heshmatollah
Tabarzadi, general secretary of the political party Democratic Iranian Front,
who had been detained without charge in Evin Prison since November 2007 for
founding the party and allegedly damaging national security.
c. Freedom of Religion
The constitution states that Shia Islam is the
state religion and that all laws and regulations must be based on Islamic
criteria. The constitution also nominally protects other Islamic denominations,
Zoroastrianism, Christianity, and Judaism; however, 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 Shia clerics, including the supreme leader of the revolution, the
head of the judiciary, and members of the Assembly of Experts and the Guardian
Council.
Apostasy was punishable by death according to
Shari'a law. There were no reported instances of the death penalty being applied
for apostasy during the year. On August 20, Intelligence Ministry officials in
Mashhad arrested Ramtin Soodmand, a Christian preacher, and took him to an
unknown detention center. Authorities released Soodmand in November, and at
year's end he was awaiting trial on charges of "promoting antigovernment
propaganda," although his family maintained he was arrested solely for
expression of his religious beliefs. The government executed Soodmand's father
in 1990 for apostasy due to his conversion 30 years earlier from Islam to
Christianity.
The government continued to repress Baha'is and
prevent them from practicing their religion by closing their places of worship.
It banned them from government and military leadership posts, the social pension
system, and public schools and universities, unless they concealed their faith.
The courts also denied Baha'is the right to inherit property and refused to
recognize Baha'i marriages or divorces. According to the law, Baha'i blood is
considered "mobah," meaning Baha'is may be killed with impunity. The government
repeatedly pressured Baha'is to recant their religious beliefs in exchange for
relief from mistreatment.
According to human rights groups, all seven
members of the Baha'i national leadership body and a total of at least 40
Baha'is were imprisoned at year's end.
On December 28, authorities on Kish Island
arrested and interrogated Faegheh Rafeie and eight of her relatives, including
several minors, for discussing their Baha'i faith with a local shopkeeper.
Authorities released some members of the group the following day but held others
for two to three more days.
All religious minorities suffered varying degrees
of officially sanctioned discrimination, particularly in employment, education,
and housing. In 2006 the UNSR for adequate housing visited the country and
reported that rural land, particularly that belonging to minorities including
Baha'is, was expropriated for government use, and owners were not fairly
compensated. Inheritance laws favored Muslims over non-Muslims.
According to human rights activists, the
government continued to grow increasingly intolerant of Sufism.
On November 16, a court sentenced Amir Ali
Mohammad Labaf to a five-year prison term, 74 lashes, and internal exile to the
southeastern town of Babak for "spreading lies," based on his religious
practices as a member of one of the country's largest Sufi sects, the
Nematollahis or "Gonabadi Dervishes." Security agents reportedly arrested
numerous other Gonabadi Dervishes during the year in other cities, including
Isfahan and Karaj.
On December 30, security services arrested five
members of the Sufi community without official charges in Hormozgan province and
confiscated their books and computer equipment.
During the year clerics in Qom accused the Sufi
community of "opposing Islamic ideas." In 2006 police in Qom arrested
approximately 1,200 Sufis and closed a major center of Sufi worship.
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. The law
required all Muslim students to take Islamic studies courses.
Proselytizing of Muslims by non-Muslims was
illegal. The authorities have been increasingly vigilant in recent years in
curbing proselytizing activities by evangelical Christians.
The government carefully monitored the statements
and views of all religious leaders, including the country's senior Muslim
religious leaders. It restricted the movement of several Muslim 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 conformed to
(or at least did not contradict) government policy and positions.
Societal Abuses and Discrimination
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. Some Mandeans reportedly fled the country in previous years to
escape discrimination.
The government's anti-Israel stance, in
particular the president's repeated speeches decrying the existence of Israel
and calling for the destruction of its "Zionist regime," coupled with the
perception among many citizens that Jewish citizens supported Zionism and
Israel, created a threatening atmosphere for the community. Government officials
also continued to make statements and organize events during the year designed
to cast doubt on the Holocaust.
On June 2, President Ahmadi-Nejad said that
Israel "will be wiped off the pages of history" and on August 24 that "the
celebration of the elimination of Zionism and destruction of the arrogant will
soon be held."
On August 17, the president made remarks in which
he referred to the Holocaust as a "historical lie" perpetuated to justify
Israel's existence.
On September 26, a Holocaust denial book by
student members of the Basij was released. The cover depicted a hook-nosed Jew
dressed in traditional Jewish clothing drawing outlines of dead bodies on the
ground. Inside pages pictured bearded Jews leaving and re-entering a gas chamber
with a counter reading 5,999,999. Another picture showed a hospital patient
covered in an Israeli flag and on life support, breathing lethal Zyklon-B gas
used in the Holocaust.
In previous years several programs broadcast on
state-run TV reportedly espoused anti-Semitic messages; a domestic newspaper
held a Holocaust denial editorial cartoon contest; and the government sponsored
a conference focused on denial of the existence or scope of the Holocaust.
In recent years the government made the education
of Jewish children more difficult by limiting distribution of nonreligious
Hebrew texts and requiring several Jewish schools to remain open on Saturday,
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 2008
International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced
Persons, Protection of Refugees, and Stateless Persons
The constitution provides for freedom of movement
within the country, foreign travel, emigration, and repatriation; however, the
government placed some restrictions on these rights. The government cooperated
with the Office of the High Commissioner for Refugees (UNHCR) with regard to
some refugees from Afghanistan and Iraq.
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 bond to
obtain an exit permit. The government restricted the foreign travel of some
religious leaders and individual members of religious minorities and scientists
in sensitive fields, and it targeted journalists, academics, and activists for
travel bans and passport confiscation.
On March 3, authorities removed human rights
activist Parvin Ardalan from her flight, confiscated her passport, and served
her with a court summons as she was leaving the country for Stockholm to receive
a humanitarian award, according to Human Rights First. Authorities told her she
must present invitations to conferences abroad as a precondition for the removal
of her travel ban, although the law does not require individuals to seek prior
permission to travel.
On October 26, authorities banned women's rights
activist Sussan Tahmasebi from leaving the country, according to RSF.
Authorities had summoned Tahmasebi to court for questioning regarding postings
on a women's rights Web site. Police also placed Tahmasebi under surveillance.
At year's end Abdolfattah Soltani, a lawyer who
represented several political prisoners, remained under a travel ban imposed in
2005.
A woman must obtain the permission of her
husband, father, or other male relative to obtain a passport. A married woman
must receive written permission from her husband before leaving the country.
The government did not use forced external exile;
however, the government used internal exile as a punishment, and many dissidents
practiced self-imposed exile to be able to express their beliefs freely.
There were indications that members of all
religious minorities were emigrating at a high rate, although it was unclear
whether the reasons for emigration were religious or related to overall poor
economic conditions.
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, and the government had
a system for providing protection to refugees. The government did not always
provide protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened.
On December 1, UNHCR estimated that there were
915,000 registered Afghan refugees in the country, 3,166 of whom the UNHCR
repatriated to Afghanistan during the year. The government continued to postpone
discussions to renew the tripartite repatriation agreement; however, at an
international conference on resettlement and repatriation held in Kabul in
November, the government verbally committed to permit registered Afghan refugees
to stay until they voluntarily repatriate or resettle elsewhere.
In addition to the 915,000 registered Afghan
refugees, UNHCR estimated as many as 1.5 million Afghans illegally resided in
the country as migrant workers. The government continued to deport illegal
Afghan migrants. On March 4, the government announced it would deport all
Afghans who lacked refugee documentation, and UNHCR reported that 403,000
Afghans were deported. There were reports of some registered refugees included
in mass deportations during the last several years, although these reports were
not officially documented. According to HRW, many of those deported received no
warning that they were being deported, and many were separated from their
families or had 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. Among the deportees were vulnerable
individuals and families who required humanitarian assistance upon arrival in
Afghanistan. At the November conference on Afghan refugees in Kabul, the Iranian
delegate stated that Afghan refugees would continue to be treated as "respected
guests" and that the two countries were discussing the issuance of 300,000 visas
to Afghan workers. However, no new visa arrangement had been announced by year's
end.
Since 2007 authorities maintained approximately
19 "No Go Areas" in the country for Afghan refugees, according to UNHCR.
Refugees were required to register and relocate in areas the government
approved; those who did not were considered unregistered and remained subject to
deportation. Afghan and Iraqi refugees faced a lack of job opportunities, and
the government at times failed to grant them residence or work permits,
effectively preventing them from obtaining health insurance coverage.
According to UNHCR, a total of 58,091 Iraqis were
registered as refugees in the country during the year. The government's 2007
registration was open only to Iraqis who had arrived before 2005. UNHCR
registered later arrivals. Voluntary repatriation by Iraqis increased over the
past two years; UNHCR did not assist any Iraqi repatriations in 2006 but
supported 238 in 2007 and 2,376 during the year. However, UNHCR noted that most
repatriates were those who fled Iraq before 2007 and new Iraqi refugees
continued to arrive in the country. The majority of Iraqi refugees lived in
urban areas, but an estimated 5,000 Iraqis lived in 12 settlements and received
UNHCR and World Food Program assistance.
Section 3 Respect for Political Rights: The Right
of Citizens to Change Their Government
The constitution provides citizens the right to
change peacefully the president and the parliament through free and fair
elections; however, the authority of unelected representatives over the election
process severely abridges this right in practice. The Assembly of Experts elects
the supreme leader, the recognized head of state, who can be removed only by a
vote of the assembly. The assembly was composed of 86 members and was restricted
to clerics, who served eight-year terms and were chosen by popular vote from a
list approved by the Guardian Council (a 12-member body composed of
government-appointed clerics and religious jurists). There was no separation of
state and religion, and clerical influence pervaded the government. The supreme
leader also approved the candidacy of presidential candidates, with the
exception of an incumbent president.
Elections and Political Participation
On March 14, the country held Majles elections,
which outside observers regarded as neither free nor fair. The Interior Ministry
rejected the candidacy of almost 2,000 applicants, citing disqualifying reasons
such as "having ill repute in their place of residency," "insulting religious
sanctities," and "acting against the state," according to HRW. Authorities
disqualified numerous other candidates following closed-door negotiations with
the Guardian Council. Most of the disqualified candidates were considered
reformists. Conservatives won approximately 70 percent of the seats.
The constitution allows for the formation of
political parties, although the Interior Ministry granted licenses only to
political parties with ideological and practical adherence to the system of
government embodied in the constitution. There were more than 240 registered
political organizations, but most were small entities, often focused around an
individual, and did not have nationwide membership. Political parties approved
by the Interior Ministry generally operated without restriction or outside
interference.
According to the Guardian Council's
interpretation, the constitution barred women and persons of non-Iranian origin
or religions other than Shia Islam from becoming president. Women were also
barred from serving as supreme leader or as members of the Assembly of Experts,
Guardian Council, or Expediency Council (a body responsible for mediating
between the Majles and the Guardian Council and serving as a consultative
council for the supreme leader). Two of the 10 vice presidents were women. Eight
women served 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 law provides criminal penalties for official
corruption; however, the government did not implement the law effectively, and
official corruption remained a serious problem in all three branches of
government, including the "bonyads" (tax-exempt foundations designed for
charitable activity that control consortia of substantial companies).
All government officials, including cabinet
ministers and members of the Guardian Council, Expediency Council, and Assembly
of Experts were required to submit annual financial statements to the state
inspectorate. There was no information available regarding whether these
government officials obeyed the law.
In January authorities executed a customs
contractor for corruption and sentenced three other customs employees to death
for "office corruption and other economic crimes," including accepting a bribe
of more than 10 billion rials (approximately one million dollars).
Also in January a court sentenced three state gas
company managers to 10 years in prison and 74 lashes each for taking bribes
totaling 23 billion rials (approximately $2.3 million), according to
international press reports.
On June 11, authorities arrested former
parliamentarian Abbas Palizdar for "spreading lies and slander" and "causing
public distress," according to international press reports. In May, Palizdar
publicly accused senior religious leaders and politicians of involvement in
corruption. Following his speeches, which were widely circulated on the
Internet, judiciary officials arrested and indicted 11 persons named by
Palizdar, most of them government employees, on corruption charges. At year's
end Palizdar had not gone to trial.
On June 18, according to domestic press reports,
authorities detained Abdollah Shahbazi for several days on charges of "slander
and spreading lies," after he claimed on his Web site that several high-ranking
officials from Fars province had expropriated land.
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
human rights groups and sometimes responded to their inquiries and reports with
harassment, arrests, monitoring, unlawful raids, and closures. The government
continued to deny the universality of human rights and stated that human rights
issues should be viewed in the context of a country's "culture and beliefs." On
May 20, judiciary chief Hashemi Shahroudi told the Human Rights Task Force, an
intragovernmental entity established in 2001, that the international community
uses human rights as a weapon against the Islamic world.
Hundreds of domestic NGOs operated in areas such
as health and population, women's rights, development, youth, environmental
protection, human rights, and sustainable development during the year despite
the restrictive environment, including pressure not to accept foreign grants.
During the year, the government routinely restricted human rights defenders,
civil society activists, journalists, and scholars from traveling abroad,
particularly to attend international conferences.
According to AI, independent human rights groups
and other NGOs faced intensifying harassment and threat of closure from
government officials as a result of prolonged and often arbitrary delays in
obtaining official registration.
Human rights activists also reported receiving
intimidating phone calls and threats of blackmail from unidentified law
enforcement and government officials. Government officials routinely harassed
family members of human rights activists, including making false criminal
charges against them and blocking their access to higher education. Courts
routinely applied suspended sentences to human rights activists; this form of
sentencing acted as de facto probation, leaving open the option for authorities
to suddenly and arbitrarily arrest or imprison individuals. This threat was
sometimes enough to silence activists or pressure them into providing
information about other activists.
On December 21, security forces unlawfully raided
and closed the Center for the Defense of Human Rights, a Tehran NGO headed by
Nobel Peace Prize laureate Shirin Ebadi. The raid occurred immediately prior to
a scheduled ceremony to celebrate the 60th anniversary of the Universal
Declaration of Human Rights. According to the state-run Islamic Republic News
Agency, a Foreign Ministry spokesman said the government closed the center for
operating without a valid permit. On December 29, government security officers
posing as tax officials raided Ebadi's private law offices, seizing office files
and computers.
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. The government severely
curtailed these groups' ability to meet, organize, or effect change.
In 2007 local NGO the Society for the Defense of
the Rights of Prisoners published its second report about prison conditions in
the country. There was no indication during the year that the government
responded to the group's appeal for attention to cases of political prisoners.
In March 2007 a revolutionary court closed 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 NGO Training Center after authorities briefly detained activists affiliated
with these organizations, including Sohrab Razzaghi, Shadi Sadr, and Mahboubeh
Abbasgholizadeh, and charged them with violations related to their NGO
activities.
Despite receiving numerous appeals, the
government denied requests from international human rights NGOs to establish
offices in or conduct regular investigative visits to the country. The last
visit by an international human rights NGO was AI's 2004 visit as part of the
European Union's human rights dialogue with the country. In October, according
to domestic press reports, the interior minister stated that the government
would refuse any request by the American-Iranian Council to open an office
inside the country.
The ICRC and UNHCR both operated in the country
with some restrictions. According to HRW, since the government issued a standing
invitation to all UN human rights agencies in 2002, there have been six visits
to the country by UN special human rights institutions; however, the government
generally ignored recommendations these bodies made and failed to submit
required reports to the UN Human Rights Committee and the UN Committee on
Economic, Social, and Cultural Rights.
The government ignored repeated requests for
visits by UN special rapporteurs covering the areas of arbitrary executions,
freedom of religion, torture, independence of judges, and minority issues.
The December 18 UNGA resolution on the country's
human rights record called on the government to respect fully its human rights
obligations and to abolish torture, arbitrary imprisonment, and juvenile and
public executions, including stonings. The resolution also called on the
government to eliminate discrimination and other human rights violations against
women and religious, linguistic, and ethnic minorities. In an October report,
the UN secretary-general criticized the country's human rights record and urged
the government to do more to combat discrimination against women and minorities
in the country.
In 2001 the supreme leader called for the
creation of a human rights task force, chaired by the judiciary chief and
comprising the ministers of intelligence, interior, foreign affairs, justice,
and culture, as well as other judicial and military officials. The committee,
which did not convene until 2006, was not considered effective. In one of his
first public statements as the committee secretary, Mohammad Javad Larijani
defended death by stoning as a punishment for adultery.
Section 5 Discrimination, Societal Abuses, and
Trafficking in Persons
Although the constitution formally prohibits
discrimination based on race, gender, disability, language, and social status
"in conformity with Islamic criteria," the government discriminated on the basis
of religion, gender, ethnicity, and sexual orientation.
Women
Rape is illegal and subject to strict penalties,
but it remained a problem. Spousal rape is not illegal.
Spousal abuse and violence against women
occurred. According to a study published during the year using 2005 data, 27
percent of women reported being physically abused during the survey year. Abuse
in the family was considered a private matter and seldom discussed publicly,
although there were some efforts to change this attitude. Domestic violence was
not specifically prohibited by law, but some nongovernmental shelters and
hotlines existed to assist victims.
According to a police official quoted in a
domestic newspaper during the year, 50 honor killings were reported during a
seven-month period, although official statistics were not available. The
punishment for perpetrators was often a short prison sentence.
In May a man local papers identified as Ahmad
allegedly killed his daughter in Isfahan after her former brother-in-law
kidnapped and slept with her. Both men were in police custody at year's end.
In June a man identified as Morteza allegedly
killed his sister near Bandar Abbas after she married a man without her family's
permission. Local press reported that Morteza would be sentenced to only three
to five years in prison since the victim's parents did not seek a murder charge.
Prostitution is illegal, but it took place under
the legal cover of "sigheh," or temporary marriage. International press reports
described prostitution as a widespread problem. The problem appeared aggravated
by difficult economic conditions and rising numbers of drug users and runaway
children. In March authorities arrested Tehran police chief Reza Zarei after he
was discovered in a brothel during a police raid.
There was a lack of reliable data on the
prevalence of sexual harassment in the country; however, media reports indicated
unwanted physical contact and verbal harassment occurred. There are laws
addressing sexual harassment in the context of physical contact between men and
women. In June, thousands of university students in Zanjan protested an alleged
episode of sexual harassment of a student by a university official.
The constitution nominally provides women with
equal protection under the law and all human, political, economic, social, and
cultural rights in conformity with Islam; however, provisions in the Islamic
civil and penal codes, in particular 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.
Although a male can marry at age 15 without
parental consent, the 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 as many as four wives
and an unlimited number of sigheh, based on a Shia 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. Such wives were not granted rights
associated with traditional marriage. The government does not recognize
marriages between Muslim women and non-Muslim men or Baha'i marriages.
Women have the right to divorce only if the
husband signs a contract granting that right; cannot provide for his family; or
is a drug addict, insane, or impotent. A husband was not required to cite a
reason for divorcing his wife.
Traditional interpretations of Islamic law
recognized a divorced woman's right to part of shared property and to alimony.
The law provides divorced women preference in custody for children up to seven
years of age; however, divorced women who remarry are forced to give the child's
father custody. After the child reaches seven years of age, the father is
entitled to custody (except in cases in which the father was proven unfit to
care for the child). The court determined custody in disputed cases.
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 whose husbands committed adultery. Women
sometimes received disproportionate punishment for crimes such as adultery,
including death sentences. The law provides that a victim of stoning is allowed
to go free if he or she escapes; however, it is much harder for women to escape,
as they are buried to their necks, whereas men are buried to their waists.
The testimony of two women is equal to that of
one man. The blood money paid to the family of a female crime victim is half the
sum paid for a man.
Women had access to primary and advanced
education. Reportedly 65 percent of university students were women; however,
government officials admitted the use of quotas to limit women's university
admissions in certain fields, such as medicine and engineering. In addition,
social and legal constraints limited their professional opportunities. Women
were represented in many fields of the work force, including the legislature,
municipal councils, police, and firefighters. According to a World Economic
Forum report, the unemployment rate for women was 17 percent, compared with 10
percent for men. Women cannot serve as president or as certain types of judges.
Women may be consultant and research judges without the power to impose
sentences.
The government enforced gender segregation in
most public spaces, including medical care, 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.
The government intensified its campaign against
members of the "One Million Signatures" campaign, which activists launched in
2006 to promote women's rights and demand changes to discriminatory laws. In a
report released October 20, UN secretary-general Ban Ki-Moon noted "an
increasing crackdown in the past year on the women's rights movement."
On April 8, security forces arrested campaign
member Khadijeh Moghaddam at her home. A revolutionary court reportedly charged
her with "spreading propaganda against the state," "disrupting public opinion,"
and "actions against national security." Officials released her on bail on April
16.
On October 15, authorities arrested an
Iranian-American dual citizen for an alleged traffic violation in Tehran and
held her in solitary confinement in Evin Prison for one month. She was in the
country conducting research on the women's rights movement for her graduate
thesis. On November 10, authorities released her on bail, but she remained under
a travel ban at the end of the year.
On October 17, authorities ordered Parastoo
Alahyaari and several other campaign activists to submit their identity cards
after security officers broke up their meeting in a public park in Tehran. On
October 18, authorities searched Alahyaari's home and confiscated her computer
and many personal belongings.
On November 21, according to human rights
activists, authorities arrested Mehri Moshrefi, her husband, and two of her
children and transferred them to Evin Prison. Security officers reportedly
arrested them at a cemetery where the "One Million Signatures" campaign was
staging a protest; activists claimed the family was not involved in the
gathering. Authorities held Moshrefi's two children (one of whom was a minor)
for one month; Moshrefi and her husband remained in Evin Prison at year's end.
Prison officials did not allow the family to contact their third child, who was
not with the rest of the family at the time of arrest, for more than two weeks.
Several members of the "One Million Signatures"
campaign, including Parvin Ardalan, Nushin Ahmadi Khorasani, and Sussan
Tahmasebi, remained under suspended prison sentences and travel bans at year's
end. A court sentenced Fariba Davoudi Mohajer to one year in prison in absentia
after she spoke publicly about these activists during a trip outside the
country.
In May a court sentenced Amir Yaghoub Ali to one
year in prison for "endangering national security" due to his work for the "One
Million Signatures" but later suspended the sentence for four years. In July
2007 security forces detained him in Evin Prison for four weeks for collecting
signatures on behalf of the campaign in Tehran's Andishe Park.
In July 2007 authorities sentenced women's rights
activist Delaram Ali to 20 lashes and 34 months in prison for her participation
in a 2006 women's rights rally. The judge charged her with "acting against
national security" and "propaganda against the system." Following international
protests, in November 2007 the judiciary reduced her sentence to 10 lashes and
two and one half years in prison and then temporarily suspended her sentence.
In August 2007 authorities sentenced Nasim
Sarbandi and Fatemeh Dehdashti to six months in prison and two-year suspended
sentences reportedly for collecting signatures for "One Million Signatures" at a
Tehran train station.
On August 13, authorities charged Ronak Safazadeh
with "spreading propaganda against national security." Security agents arrested
Safazadeh in Sanandaj in October 2007 for collecting signatures for "One Million
Signatures." On September 6, a court sentenced her to nine months in prison and
fined her for publicizing the conditions of her detention; at year's end
authorities had not tried Safazadeh for the original charges against her.
On June 18, a court sentenced Hana Abdi, whom
police arrested in November 2007 for collecting signatures for "One Million
Signatures," to five years' imprisonment. On October 7, a court reduced her
sentence to 18 months.
On January 2, authorities released women's rights
activists Maryam Hosseinkhah and Jelveh Javaheri. Police arrested both women in
late 2007 for "propaganda against the system."
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.
Children
There was little current information available to
assess government efforts to promote the welfare of children.
Although primary schooling up to age 11 is free
and compulsory, media and other sources reported lower enrollment rates for
girls than boys in rural areas.
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, and there was no evidence of
progress as a result of 2005 UN Children's Fund actions to prevent child abuse
in the country. According to the UN's Integrated Regional Information Network,
child sexual abuse was rarely reported.
The law requires court approval for the marriage
of girls younger than 13 and boys younger than 15; however, it was reportedly
not unusual in rural areas for parents to have their children marry before they
become teenagers, often for economic reasons.
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.
Trafficking in Persons
The law prohibits human trafficking. However,
according to foreign observers, the country was a source, transit, and
destination point for trafficking. Women and girls were trafficked from the
country to Pakistan, Turkey, Europe, and the Gulf states for sexual exploitation
and involuntary servitude. 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. In some
cases, authorities tried and convicted persons involved in trafficking.
In September 2007 police reportedly 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 the country to the Gulf states. Police
reportedly arrested 25 persons for involvement in the network. There were also
reports that the government arrested and punished several trafficking victims on
charges of prostitution or adultery.
The State Department's annual Trafficking in
Persons Report can be found at
www.state.gov/g/tip.
Persons with Disabilities
Discrimination against persons with disabilities
was prohibited by law. The law also provided for state-funded vocational
education for persons with disabilities, but according to domestic news reports,
vocational centers were confined to urban areas and unable to meet the needs of
the entire population of persons with disabilities. Building accessibility for
persons with disabilities remained a widespread problem.
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. The government disproportionately targeted minority groups, including
Kurds, Arabs, Azeris, and Baluch, for arbitrary arrest, prolonged detention, and
physical abuse. These groups also reported political and economic
discrimination, particularly in the provision of economic aid, granting of
business licenses, university admissions, permission to publish books, and
housing and land rights. State broadcasting had weekly programs in ethnic
languages, but the government consistently denied minorities their
constitutional right to study and use their language in school.
In 2007 then 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 2005 and 2006 Khuzestan bombings as a pretext
for repression.
According to AI, in January authorities detained
and questioned three child care facility directors in Kurdistan province on the
grounds that they permitted the teaching of a nonnational language. Authorities
threatened other facilities with closure. Kurds were not allowed to register
certain names for their children in official registries.
On July 9, security forces arrested Zeinab
Bayazidi in Kurdistan province and charged her with "acting against national
security" and "belonging to an illegal organization" for her work with a human
rights group. According to human rights activists, a court sentenced her to four
years in prison after a secret trial with numerous irregularities.
On August 8, according to domestic human rights
groups, security forces arrested journalist and Kurdish rights activist Massoud
Kordpour on espionage charges related to interviews he gave to foreign media
outlets. Authorities reportedly held Kordpour incommunicado for several months
before a revolutionary court sentenced him to one year in prison.
On October 30, a Tehran appeals court upheld an
11-year prison sentence against Kurdish journalist Mohammad Sadegh Kaboudvand
according to NGO reports. Police arrested Kaboudvand in July 2007 after he
founded the Human Rights Organization of Kurdistan (HROK) in 2005. He was
serving his sentence at year's end, and family members reported he had severe
health problems, including a second heart attack in December.
On February 25, a revolutionary court sentenced
to death Farzad Kamangar, superintendent of high schools in Kamayaran, on
charges of "endangering national security." Kamangar was involved with a number
of civil society organizations, including the local teacher's union, an
environmental group, and HROK. The court also sentenced fellow Kurdish activists
Ali Heydarian and Farhad Vakili to death. In July the Supreme Court upheld the
three death sentences. On November 24, according to AI, prison officials removed
Kamangar from his cell, beat him, and threatened him with execution. Authorities
originally arrested the three men in 2006 for their human rights activism.
In 2006 Kurds clashed with police, reportedly
resulting in three deaths and more than 250 arrests. There were also strikes and
demonstrations in 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.
In February authorities tried Sa'id Sa'edi, a
founder of the East Kurdistan Cultural Research Institute, and Ajlal Qavami, a
journalist and board member of HROK, on charges of criminal damage relating to
their participation in a peaceful demonstration in 2005.
Foreign representatives of the Ahvazi Arabs of
Khuzestan claimed their community of 2 to 4 million in the southwest section of
the country suffered from oppression and discrimination, including the lack of
freedom to study and speak Arabic. Ahvazi and human rights groups alleged
torture and mistreatment of Ahvazi Arab activists, including detention of the
spouses and young children of activists.
In September a court sentenced Arab journalist
Mohammad Hasan Falahiezadeh to three years in prison. Authorities arrested
Falahiezadeh in December 2007 for his reporting of street protests by members of
the Arab minority in Ahvaz. On October 5, he began a hunger strike to protest
prison officials' alleged denial of basic legal rights.
Ethnic Azeris comprised approximately one-quarter
of the country's population, were well integrated into government and society,
and included the supreme leader among their numbers. However, Azeris complained
of ethnic and linguistic discrimination by the government, including banning the
Azeri language in schools, harassing Azeri activists or organizers, and changing
Azeri geographic names. Azeri groups also claimed there were a number of Azeri
political prisoners jailed for advocating cultural and language rights for
Iranian Azeris. The government charged several of them with "revolting against
the Islamic state."
In a series of arrests beginning in July, police
reportedly detained at least eight Azeri-Iranian students in Tabriz and charged
them with "establishing illegal groups in order to disrupt national security"
and "propaganda against the state." According to AI, the student activists were
campaigning for greater cultural and linguistic rights, including the right to
education using the Azeri language and the right to celebrate Azeri culture and
history. On October 28, all but one were released on bail; at year's end,
Dariush Hatemi remained in prison because he was unable to raise the bail of 500
million rials (approximately $50,000) required for his release.
On September 10, authorities arrested a group of
Azeri cultural rights activists, including author Hasan Rashedi, poet Mehdi
Naimi Ardabili, writer Alireza Sarafi, and journalist Saeed Mohammadi Moghalani,
at an Iftar celebration. Authorities held the men incommunicado and without
charge for several weeks before releasing them on bail on November 9.
In 2006 there were large-scale riots in the Azeri
majority regions of the northwest following publication of a newspaper cartoon
that depicted a cockroach speaking in Azeri. Police forcibly contained the
protests and reported that four persons were killed and several protesters were
detained. Authorities blamed foreign governments for inciting unrest.
Local and international human rights groups
alleged serious economic, legal, and cultural discrimination against the Baluch
minority during the year. The government did not investigate allegations that
authorities in Sistan va Baluchistan executed at least 50 detainees in 2007 (see
section 1.a.). Baluch journalists and human rights activists, including Yaghoob
Mirnehad, faced arbitrary arrest, physical abuse, and unfair trials, often
ending in execution.
Other Societal Abuses and Discrimination
The Special Protection Division, a volunteer unit
of the judiciary, monitored and reported moral crimes. The law prohibited and
punished homosexuality; sodomy between consenting adults was a capital crime.
According to HRW, the last known death sentences for homosexual conduct were
handed down in 2005, although there were allegations of executions related to
homosexual conduct in 2006 and 2007. The punishment of a non-Muslim homosexual
was harsher if the homosexual's partner was Muslim. On September 29, President
Ahmadi-Nejad called homosexuality an "unlikable and foreign act" that "shakes
the foundations of society."
On February 28, police reportedly raided a home
in Isfahan and arrested approximately 30 men on accusations including consensual
homosexual conduct. The men were held for multiple weeks without access to
lawyers and without being charged, according to HRW.
Persons with HIV/AIDS reportedly faced
discrimination in schools and workplaces. The government supported programs for
HIV/AIDS awareness and generally did not interfere with private HIV/AIDS-related
NGOs.
Section 6 Worker Rights
a. The Right of Association
The law provides workers the right to establish
unions; 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 in industrial, agricultural, and service organizations comprising
more than 35 employees. These councils, which consisted of representatives of
workers and a representative of management, also functioned as instruments of
government control but nonetheless frequently blocked layoffs and dismissals in
support of workers' demands. Restrictions on the ability of workers to associate
continued during the year.
On June 24, the Ministry of Labor and Social
Affairs threatened to dissolve the Association of Iranian Journalists (AIJ)
because it allegedly failed to uphold its internal regulations. According to
RSF, authorities sought the removal of the association's executive committee on
grounds of alleged procedural irregularities in voting during its general
assemblies. On July 6, the Ministry of Culture and Islamic Guidance sent a
letter instructing domestic newspapers not to report on the group. The AIJ held
internal elections to satisfy the Ministry of Labor's concerns but had yet to
receive their approval at year's end.
On December 22, according to human rights groups,
security agents arrested trade union member Mohsen Hakimi on unspecified
charges. His whereabouts were unknown at year's end.
In April 2007 security forces arrested 45 members
of the Hamedan Teachers' Association. Judiciary officials stated the teachers
were arrested because of their continued affiliation with a banned organization.
In December 2007 a court sentenced nine of the members to 91 days' imprisonment
for "participating in unlawful strikes" and for closing schools.
On April 6, authorities released labor activist
Mahmoud Salehi, former head of the Saqqez Bakery Workers' Union, after he spent
one year in prison for "acting against national security"; the court immediately
opened another case against him, for which Salehi reportedly posted bail of 430
million rials (approximately $43,000). He was free pending trial at year's end.
On August 25, authorities reportedly transferred
labor leader Mansur Osanloo from Evin Prison to Rajayee Shahr Prison in the city
of Karaj. Osanloo, who reportedly suffered from numerous health problems,
remained in custody under a 2007 charge of "acting against national security"
and "propaganda against the system." In July 2007 unidentified men arrested and
detained him, following repeated arrests in 2006. Osanloo, 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.
On December 27, plainclothes security agents
arrested Ebrahim Madadi in Tehran on unknown charges. Authorities previously
arrested Madadi in August 2007 for protesting the arrest of Mansur Osanloo and
released him in December 2007 following an appeals court ruling that cleared him
of the charge of acting against national security.
Ali Reza Hashemi, head of the Iranian Teachers
Organization, remained under a three-year suspended sentence on charges related
to a March 2007 protest during which security forces arrested hundreds of
teachers demanding pay and benefits equal to those government employees
received. According to a domestic labor rights organization, authorities held
dozens of the teachers in Section 209 of Evin Prison for as long as 60 days
without charges, before releasing most of them on bail of approximately 300
million rials (approximately $30,000) each.
The law prohibits public sector strikes, and the
government considered unlawful any strike deemed contrary to its economic and
labor policies, including strikes in the private sector; however, strikes
occurred. According to an October UNGA report, attempts to create a number of
workers' associations and conduct labor strikes over wages have been met with
arbitrary arrests and violence by security forces.
b. The Right to Organize and Bargain Collectively
Workers did not have the right to organize
independently or to negotiate freely collective bargaining agreements. According
to the International Trade Union Confederation, labor legislation did not apply
in export processing zones.
c. Prohibition of Forced or Compulsory Labor
The labor code prohibits all forms of forced or
compulsory labor, including by children; however, there were reports that such
practices occurred. Female citizens were trafficked internally for the purpose
of forced prostitution. Citizen children were trafficked internally, and Afghan
children were trafficked to the country for the purpose of forced commercial
sexual exploitation and involuntary servitude as beggars and laborers.
d. Prohibition of Child Labor and Minimum Age for
Employment
The law prohibits employment of minors younger
than 15 years and places restrictions on the employment of minors younger than
18; however, the government did not adequately enforce laws pertaining to child
labor, and child labor was a serious problem. The law permits children to work
in agriculture, domestic service, and some small businesses, but prohibits
employment of minors in hard labor or night work. There was no information
regarding enforcement of these regulations.
According to government sources, 3 million
children were prevented from obtaining education because their families forced
them to work. Unofficial sources claimed the figure was closer to 5 million. In
2007 Tehran reportedly opened several shelters for street children. There were
reportedly significant numbers of children--particularly Afghan but also
Iranian--working as street vendors in major urban areas. Many Afghan children
were unable to attend school because they lacked birth certificates or
identification cards, which the government reportedly refused to issue in an
effort to curb illegal immigration.
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
March President Ahmadi-Nejad increased the minimum wage levels by 20 percent to
2.2 million rials (approximately $220) per month, which labor groups stated did
not provide a decent standard of living for workers and their families. There
was no information regarding mechanisms to set wages, and it was not known
whether minimum wages were enforced. Afghan workers, especially those working
illegally in the country, often were paid less than the minimum wage.
The law establishes a maximum six-day, 48-hour
workweek, with a weekly rest day, normally Friday, 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, protects 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.
* The United States does not have an embassy in
Iran. This report draws heavily on non-U.S. Government sources.
... Payvand News - 02/26/09 ... --
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