|
حزب مردم بلوچستان Balochistan People’s Party بلوچستانءِ اُستمانءِ گــَل |
||
|
Iran*
The Islamic Republic of Iran, with a population of approximately 68 million, is a constitutional, theocratic republic in which Shi'a Muslim clergy dominate the key power structures. Article Four of the constitution states that "All laws and regulations?shall be based on Islamic principles." Government legitimacy is based on the twin pillars of popular sovereignty (Article Six) and the rule of the Supreme Jurisconsulate, or Supreme Leader (Article Five). The Supreme Leader of the Islamic Revolution, Ayatollah Ali Khamenei,
dominated the tricameral structure of government (legislative, executive,
and judicial branches). He was not directly elected but chosen by an elected
body of religious leaders, the Assembly of Experts. Khamenei directly
controlled the armed forces and exercised indirect control over the internal
security forces, the judiciary, and other key institutions. Hardline
conservative Mahmoud Ahmadinejad won the presidency in June 2005 in an
election widely viewed as neither free nor fair. 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. The Majles was dominated by conservatives, due
in part to the Guardian Council's extensive screening of candidates in the
2004 Majles elections. Prior to the June 2005 presidential elections, the
Guardian Council excluded all but eight of the 1,014 candidates who
registered, including all women. The Guardian Council and parliamentary
electoral committees screened candidates for the December 15 municipal
council and Assembly of Experts elections, disqualifying scores of reformist
candidates. The civilian authorities did not maintain fully effective
control of the security forces. The government's poor human rights record worsened, and it continued to commit numerous, serious abuses. The following significant human rights problems were reported: severe restriction of the right of citizens to change their government peacefully; unjust executions after reportedly unfair trials; disappearances; torture and severe officially sanctioned punishments such as death by stoning; flogging; excessive use of force against demonstrators; violence by vigilante groups with ties to the government; poor prison conditions; arbitrary arrest and detention; lack of judicial independence; lack of fair public trials; political prisoners and detainees; severe restrictions on civil liberties including speech, press, assembly, association, movement, and privacy; severe restrictions on freedom of religion; official corruption; lack of government transparency; violence and legal and societal discrimination against women, ethnic and religious minorities, and homosexuals; trafficking in persons; incitement to anti-Semitism; severe restriction of workers' rights, including freedom of association and the right to organize and bargain collectively; and child labor. On December 19, for the fourth consecutive year, the UN General Assembly adopted a resolution expressing detailed, serious concern over the country's human rights problems. 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 ofexecutions after unfair trials. Exiles and human
rights monitors alleged that many of those supposedly executed for criminal
offenses, such as narcotics trafficking, were political dissidents. The law criminalized dissent and applied the death penalty to offenses
such as apostasy, "attempts against the security of the State, outrage
against high-ranking officials, and insults against the memory of Imam
Khomeini and against the Supreme Leader of the Islamic Republic." On January 24, according to domestic press reports, two bombs exploded in
the city of Ahvaz, in the ethnic Arab majority province of Khuzestan, with
as many as nine dead and 40 wounded. On January 28 and February 28, there
were further bombings but no casualties reported. The violence came amid
social unrest that began with the April 2005 publication of a letter,
claimed by the government to be a forgery, alleging government plans to
reduce the percentage of the Ahvazi-Arab population in the province. The
bombings follow similar bombings in June and October 2005. Government officials initially blamed "foreign governments" for the
bombings, but on June 8, the revolutionary court in Khuzestan announced
death sentences for nine ethnic Arabs in connection with the bombings. On
March 2, authorities executed Mehdi Nawaseri and Ali Afrawifor their
involvement in the 2005 bombings. Afrawi was a minor at the time according
to the nongovernmental organization (NGO) Amnesty International (AI). On
November 9, authorities in Khuzestan confirmed the sentences of execution of
an additional 10 ethnic Arabs in connection with the January and February
bombings. All sentences were imposed following secret trials that the
international NGO Human Rights Watch (HRW) said could not be considered to
meet international standards (see section 1.e.). According to an AI report,
three of the accused bombers were executed on December 19 in a Khuzestan
provincial prison. On May 11, according to HRW, authorities executed Majid Segound and
Masoud Naghi Biranvand, both of whom were age 17 at the time of their
execution. The government responded forcibly to weeks of demonstrations by members
of the ethnic Azeri minority, which protested a May 19 newspaper cartoon
viewed as offensive to the Azeri population. The government initially denied
any protesters were killed, but on May 28 a police official acknowledged
that four were killed and 43 injured in the northwestern town of Naqaba. On July 31, student protester Akbar Mohammadi died in Evin Prison
following medical complications related to a hunger strike. Police first
arrested Mohammadi following his participation in July 1999 student
demonstrations to protest government closure of newspapers. Authorities
reportedly denied Mohammadi's parents permission to see their son's body and
did not respond to calls for an independent investigation into the cause of
death. In November 2005 an appeals court ordered the case involving the death of
Zahra Kazemi, a dual-national Iranian-Canadian citizen, to be reopened;
however, at year's end there was no progress and the case remained under
review. Kazemi, a photojournalist, was arrested for taking pictures while
outside Evin Prison in Tehran during student-led protests. She died in
custody in 2003 after allegedly being tortured. Authorities admitted that
she died as a result of a blow to the head. In June the Kazemi family filed
a civil case against the Iranian government in Canadian courts. During the year there was no statement altering the Islamic Revolution
Guards Corps's (IRGC) February 2005 announcement that Ayatollah Khomeini's
1989 religious decree calling for the killing of author Salman Rushdie
remained in effect. b. Disappearance Little reliable information was available regarding the number of
disappearances during the year. There were no developments in the October 2005 case of journalist
Massoumeh Babapour, found barely alive after being abducted and repeatedly
stabbed, after threats calling her an atheist and claiming religious
authorities had sentenced her to death. According to an AI report in 2005, between 15 and 23 evangelical
Christians were reportedly missing or "disappeared" during the past 15
years. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution prohibits torture for the purposes of extracting a
confession or acquiring information. In 2004 the judiciary announced a ban
on torture, and the Majles passed related legislation, approved by the
Guardian Council. Nevertheless, there were numerous credible reports that
security forces and prison personnel tortured detainees and prisoners. In June the government sent Saeed Mortazavi, the Tehran general
prosecutor, to represent the country at the opening of the UN Human Rights
Council. Mortazavi was accused by human rights groups of grave human rights
abuses, including murder and torture, and was reportedly involved in the
2003 killing of Canadian photojournalist Zahra Kazemi (see section 1.a.).
In October the government sent Interior Minister Mostafa Purmohammadi as
its representative at the Tri-Partite Commission of Iran, Afghanistan, and
the UN High Commissioner for Refugees in Geneva. Purmohammadi has a history
of human rights abuses, including participation in the 1988 mass execution
of several thousand political prisoners at Evin Prison and the 1998 murders
of writers and dissidents throughout the country. The penal code provides for the stoning, or lapidation, of women and men
convicted of adultery. In 2002 the head of the judiciary announced a
moratorium on stoning but reportedly ended the moratorium in August. Prior
to August there were reports of judges handing down the sentence. On May 7,
according to AI a woman, Mahboubeh Mohammadi, and a man, Abbas Hajizadeh,
were stoned to death in the northeastern city of Mashhad. A court convicted
the pair of adultery and the murder of Mohammadi's husband. In June 2005 a court sentenced a man to have his eyes surgically removed.
According to human rights specialists, such sentences were rarely
implemented; rather they were used as leverage to set "blood money."
Nonetheless, in November 2005, domestic press reported prison authorities
amputated the left foot of a convicted armed robber. In 2004 AI reported that it had documented evidence of "white torture," a
form of sensory deprivation. Amir Abbas Fakhravar, a political prisoner, was
sent to the "125" detention center, controlled by the revolutionary guards.
According to AI his cell had no windows, and the walls and his clothes were
white. His meals consisted of white rice on white plates. To use the toilet,
he had to put a white piece of paper under the door. He was forbidden to
speak, and the guards reportedly wore shoes that muffled sound. The UN
Special Rapporteur on Torture listed sensory deprivation among the
techniques constituting torture. In July 2005 according to domestic press, Abbas Ali Alizadeh, the head of
the Tehran judiciary and head of the supervisory and inspection committee to
safeguard civil rights, provided Tehran Judiciary Chief Mahmud Ali
Hashemi-Shahrudi with a detailed report as a follow-up to Shahrudi's
directive on respect for citizens' rights. This unreleased report was
described in detail in the media and outlined abusive human rights practices
in prisons, including blindfolding and beating suspects, and leaving
detainees in a state of uncertainty. Also in July 2005, according to domestic press, the deputy national
police commander for criminal investigation said police would investigate
any reports of torture. He said torture was not only against regulations,
but that forensic and scientific advances have made torture unnecessary.
Nevertheless, its existence in the criminal investigation departments was
undeniable. The government relied on "special units" (yegan ha-ye vizhe), to
complement the existing morality police, called "Enjoining the Good and
Prohibiting the Forbidden" (Amr be Ma'ruf va Nahi az Monkar) in an
effort to combat "un-Islamic behavior" and social corruption among the
young. These auxiliaries were to assist in enforcing the Islamic Republic's
strict rules of moral behavior. Credible press reports indicated members of
this morality force chased and beat persons in the streets for offenses such
as listening to music or, in the case of women, wearing makeup or clothing
regarded as insufficiently modest or being accompanied by unrelated men (see
section 1.f.). According to a December 21 AI report, a woman identified as "Parisa"
received 99 lashes in December, a reduction of the original sentence of
death by stoning for adultery. Prison and Detention Center Conditions Prison conditions in the country were poor. Many prisoners were held in
solitary confinement or denied adequate food or medical care to force
confessions. After its 2003 visit, the UN Working Group on Arbitrary
Detentions reported that "for the first time since its establishment, [the
working group] has been confronted with a strategy of widespread use of
solitary confinement for its own sake and not for traditional disciplinary
purposes." The working group described Sector 209 of Evin Prison as a
"prison within a prison," designed for the "systematic, large-scale use of
absolute solitary confinement, frequently for long periods." In March 2005 the UK-based International Center for Prison Studies
reported that 142,851 prisoners occupied facilities constructed to hold a
maximum of 65,000 persons. In May official statistics from the State Prison
Organization put the number of prisoners at 147,926. Some prison facilities, including Tehran's Evin Prison, were notorious
for cruel and prolonged torture of political opponents of the government.
Additionally, in recent years authorities have severely abused and tortured
prisoners in a series of "unofficial" secret prisons and detention centers
outside the national prison system. Common methods included prolonged
solitary confinement with sensory deprivation, beatings, long confinement in
contorted positions, kicking detainees with military boots, hanging
detainees by the arms and legs, threats of execution if individuals refused
to confess, burning with cigarettes, sleep deprivation, and severe and
repeated beatings with cables or other instruments on the back and on the
soles of the feet. Prisoners also reported beatings about 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.
Human rights activists and domestic press reported cases of political
prisoners confined in the same prison wing as violent felons. There are
allegations that the authorities deliberately incarcerated nonviolent
offenders with violent offenders anticipating that they would be killed. HRW
noted that student activists were physically tortured more than dissident
critics from within the system. It also noted physical abuse in the presence
of high-level judges. In May 2005 Judiciary Chief Shahrudi reportedlycomplained about security
forces' treatment of some detainees. He said judges must conduct
interrogations, and confessions obtained without a judge present were
inadmissible. During the year there were no further official remarks
enforcing Shahrudi's statement. In 2005 the Tehran province judiciary tasked its branches to address and
compile complaints about civil rights violations and reportedly received 143
complaints, including one concerning a person jailed since 1989 without a
conviction or indication of criminal record. In the unreleased report
described by domestic press in July 2005, the judiciary's committee, called
the Supervising and Inspection Committee for Preserving Citizens' Rights,
reported visiting detention centers of the police security, criminal, and
intelligence departments, and army security and intelligence departments to
assess the condition of detainees, sanitation, visiting procedures, and
procedures used to summon and arrest suspects. In its findings the judiciary
committee noted unjustified arrests without warrants. It said the IRGC
intelligence department detention center would not allow the committee to
enter its facility. The report also called for an investigation of suicides
by female inmates in Rajai'i Shahr Prison. The committee report stated every
military camp or intelligence or security department had its own detention
center, in defiance of the judiciary head's directive. Ministry of
Intelligence and Security (MOIS) facilities operated without the required
oversight of the government's prisons organization. The committee found
serious problems in a wide range of detention centers, jails, drug control
centers, and prisons, including Section 209 at Evin Prison and the Tehran
Revolutionary Court. The committee reported that, contrary to instructions from the judiciary
head on size of a detention area, some suspects had been held for eight or
nine months in much smaller spaces. The report noted torture and solitary
confinement in detention centers and claimed it had taken steps to resolve
the issue. The report stated that confessions obtained under duress were
legally invalid. The committee also called for investigations into possible
violations committed against arrested and detained girls and women. Later in 2005Tehran Judiciary head Alizadeh claimed the problems cited in
the report were resolved, upon the order of the judiciary, and the "culprits
were presented to authorities." Government spokesman Abdullah Ramezanzadeh
praised the report and said the Defense and Information Ministries were
expected to turn over names of those responsible for torture to the
judiciary. However, there was no indication during the year that anyone was
held responsible for the abuses cited in the report. In July 2005 the Secretary General of the Administration of Justice of
Tehran said in an interview that, following investigation into prison
conditions and corrective actions, every prison cell had an average of 12
square meters, and all detention centers were now under the supervision of
the State Prison Organization of prisons. Separately, in 2005the judiciary spokesman called the allegations in the
committee's report complete falsehoods. He said the report's claim of
unlawful detention centers administered contrary to prison regulations and
in which defendants are blindfolded and beaten was untrue. Judiciary Chief Shahrudi in 2005 also asked the judiciary to investigate
reports of abuse of Internet writers, arrested in 2004 (see section 1.e.).
The judiciary's report also was not released; and although it was
acknowledged that some were abused, there was no information that anyone was
held accountable. In May 2005 Shahrudi directed that convicts imprisoned for lesser
offenses and gravely ill prisoners should be given parole for three months;
the directive's implementation was unknown. In September 2005 Shahrudi issued new sentencing guidelines under which
minor offenders would be fined and receive punishments other than
imprisonment. This change was reportedly due in part to prison overcrowding;
it is not known whether the change was implemented. According to HRW most
prisoners were eligible for release after serving half of their sentences.
The government generally has granted prison access only to the
International Committee of the Red Cross (ICRC); however, in June Justice
Minister Jamal Karimirad allowed a group of foreign and local journalists to
tour Evin Prison. BBC reported that, according to prison officials, there
are 2,575 men and 375 women in Evin Prison. Reporters were denied access to
well-known prisoners. Some others with whom they spoke complained that their
cases had not come to trial or that they had been awaiting a verdict for
months. In 2004 HRW documented a number of unofficial prisons and detention
centers such as "Prison 59" and "Amaken," an interrogation center where
persons are held without charge, questioned intensively for prolonged
periods, physically abused, and tortured. In 2003the UNSR of the Commission on Human Rights reported that prisoner
abuse occurred frequently in unofficial detention centers run by unofficial
intelligence services and the military. The UN Working Group on Arbitrary
Detention raised this issue with the country's Article 90 parliamentary
commission during its 2003 visit, generating a commission inquiry that
reportedly confirmed the existence of numerous unofficial prisons. 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 MOIS, the Law Enforcement Forces under the Interior
Ministry, and the IRGC. A paramilitary volunteer force known as the Basij
and various informal groups known as the Ansar-e Hizballah
(Helpers of the Party of God) aligned with extreme conservative members of
the leadership and acted as vigilantes. The size of the Basij is disputed,
with officials citing anywhere from 11 to 20 million, and a 2005 Western
study claiming there were 90,000 active members and up to 300,000
reservists. Corruption was a problem; however, more so in the revolutionary courts
than in the criminal and civil courts. Many police officers were also
corrupt. Civilian authorities did not fully maintain effective
control of the security forces. The regular and paramilitary security forces
both committed numerous, serious human rights abuses. According to a 2004
HRW report, the government's use of plainclothes security agents to
intimidate political critics became more institutionalized since 2000. They
were increasingly armed, violent, and well equipped, and they engaged in
assault, theft, and illegal seizures and detentions. Arrest and Detention The constitution and penal code require warrants or subpoenas for arrests
and also state the arrested person must be informed of charges within 24
hours; however, these safeguards rarely occurred in practice. Detainees
often went weeks or months without charges or trial; frequently were denied
prompt contact with family; and often were denied access to legal
representation for prolonged periods. Bail was often set at extremely high
levels, even for lesser crimes. Detainees and their families are often
compelled to submit property deeds in order to post bail; many cannot afford
to post bail. In practice there is neither a legal time limit for incommunicado
detention nor any judicial means to determine the legality of the detention.
In the period immediately following detention or arrest, many detainees were
held incommunicado and denied access to lawyers and family members. Security forces often did not inform family members of a prisoner's
welfare and location. Authorities often denied visits by family members and
legal counsel. Prisoners released on bail did not always know how long their
property would be retained or when their trials would be held. In addition
families of executed prisoners did not always receive notification of their
deaths. On occasion the government forced family members to pay to retrieve
the body of their relative. The December 19 resolution on the country's human rights situation in the
UN General Assembly (UNGA) expressed serious concern about the use of
arbitrary arrest, targeted at both individuals and their family members. On January 28, authorities reportedly arrested several hundred members of
a Tehran bus drivers' syndicate, along with some family members, who were
demonstrating for labor rights. Family members and some workers were
released, but several hundred were reportedly still held in Evin Prison at
year's end. On February 13, officials in the city of Qom arrested as many as 1,200
Sufi worshippers in a clash that left more than 100 injured (see section
2.c). On June 14, human rights lawyer Saleh Kamrani, a member of the country's
Azeri ethnic minority, was detained without charge and taken into government
custody (see section 1.e). Charged with "propaganda against the system,"
according to AI, he was tried on September 13 and sentenced to one year's
imprisonment. The sentence was suspended for five years, and he was released
on September 18. In September according to AI, at least nine Azeri Iranians were
arrested following demonstrations calling for a school boycott in the
Northwest. Azeri Iranians were protesting for their constitutional right to
use the Azeri language in schools (see section 5). On September 26, authorities arrested and detained a Christian couple,
Reza Montazami and Fereshteh Dibaj, without charge. They were released on
October 5 (see section 2.c.). On October 3, authorities arrested Hessam Firouzi, a doctor who treated
student activist Ahmad Batebi prior to Batebi's re-arrest (see section
1.e.). Firouzi's wife reported that authorities took him to Evin Prison
without filing charges against him; however,he was reportedly released on
October 5. In recent years the government has used house arrest to restrict the
movements and ability to communicate of senior Shi'a religious leaders whose
views regarding political and governance issues were at variance with the
ruling orthodoxy; however, there were no new instances of this practice
publicly reported during the year. Numerous publishers, editors, and journalists (including those working on
Internet sites) were detained, jailed, tortured, and fined, or they were
prohibited from publishing their writings during the year (see sections 1.e.
and 2.a.). Adherents of the Baha'i faith continued to face arbitrary arrest and
detention (see section 2.c.). Amnesty According to domestic press, the government commuted sentences of over
13,000 prisoners during 2005 to mark Muslim and national holidays. e. Denial of Fair Public Trial The constitution provides that the judiciary is "an independent power;"
however, in practice the court system was subject to government and
religious influence. After the 1979 revolution, the judicial system was
revised to conform to an Islamic canon based on the Koran, Sunna (the
traditions of the Prophet), and other Islamic sources. The constitution
provides that the head of the judiciary shall be a cleric chosen by the
supreme leader. The head of the Supreme Court and Prosecutor-General also
must be clerics. Women are barred from serving as certain types of judges.
There are several court systems. The two most active are the traditional
courts, which adjudicate civil and criminal offenses, and the Islamic
revolutionary courts. The latter try offenses viewed as potentially
threatening to the Islamic Republic, including threats to internal or
external security, narcotics and economic crimes, and official corruption. A
special clerical court examines alleged transgressions within the clerical
establishment, and a military court investigates crimes connected with
military or security duties. A press court hears complaints against
publishers, editors, and writers. The Supreme Court has limited review
authority. HRW noted in a 2004 report that the judiciary was at the core of
suppressing political dissent and that, in practice, it violated due process
rights at every level, including the right to be promptly charged; have
access to legal counsel; be tried before a competent, independent, and
impartial court in a public hearing; and have right of appeal. Detainees
were often not clear of their legal status. Numerous observers considered
Tehran Public Prosecutor Saeed Mortazavi the most notorious persecutor of
political dissidents and critics. In September two men, Sina Paymard and Ali Alijan, were scheduled to be
executed for crimes they committed before the age of 18; however, both
received reprieves from the victims' families, who were permitted under law
to seek blood money in lieu of the death penalty. In January 2005 government officials told the UN Committee on the Rights
of the Child that for many years there had been a moratorium on the death
penalty for persons under 18. During the same month, according to credible
reports, a man was executed for a crime committed when he was 17. According
to an HRW report, during the year 30 juveniles were on death row. In 2004 20 local human rights groups called on the judiciary not to
sentence minors to death. Nobel Peace Prize laureate Shirin Ebadi sought
permission to hold a demonstration regarding this issue, but the authorities
denied her request. In 2005 UNGA adopted a resolution denouncing the
country's practice of executing minors, and the UN Committee on the Rights
of the Child urged the country to suspend execution of juvenile offenders.
On December 19, the UNGA again adopted a similar resolution. Trial Procedures Many aspects of the prerevolutionary judicial system survive in the civil
and criminal courts. For example, in theorydefendants have the right to a
public trial, a lawyer of their choice, and right of appeal. Panels of
judges adjudicate trials. There is no jury system in the civil and criminal
courts; however, in the press court a council of 11 persons specifically
selected by the court adjudicates the case. If postrevolutionary statutes do
not address a situation, the government advises judges to give precedence to
their knowledge and interpretation of Islamic law. According to the law, defendants are entitled to a presumption of
innocence, but this often does not occur in practice. Trials are supposed to
be open to the public; however, frequently they are closed without access to
a lawyer. The right to appeal is often denied. UN representatives, including the UNSR, the UN Working Group on Arbitrary
Detention, and independent human rights organizations noted the absence of
procedural safeguards in criminal trials. The December 19 UNGA resolution on
the country's human rights expressed serious concern about "the persistent
failure to comply fully with international standards in the administration
of justice?." Trials in the revolutionary courts were notorious for their disregard of
international standards of fairness. Revolutionary court judges were chosen
in part due to their ideological commitment to the system. Pretrial
detention often was prolonged, and defendants lacked access to attorneys.
Authorities often charged individuals with relatively undefined crimes, such
as "anti-revolutionary behavior," "moral corruption," and "siding with
global arrogance." Defendants did not have the right to confront their
accusers. Secret or summary trials of five minutes' duration occurred
frequently. Other trials were deliberately designed to publicize a coerced
confession, and there were allegations of corruption. The legitimacy of the special clerical court system continued to be
subject to debate. The clerical courts, which investigate offenses and
crimes committed by clerics and which are overseen directly by the supreme
leader, are not provided by the constitution and operated outside the domain
of the judiciary. In particular, critics alleged clerical courts were used
to prosecute clerics for expressing controversial ideas and participating in
activities outside the sphere of religion, such as journalism. The
recommendations of the 2003 UN Working Group on Arbitrary Detention included
a call to abolish both the special clerical courts and the revolutionary
courts. In its 2003 report, the UN Working Group on Arbitrary Detention noted
failures of due process in the court system caused by the absence of a
"culture of counsel" and the previous concentration of authority in the
hands of a judge who prosecuted, investigated, and decided cases. In 2004 a Tehran Justice Department official alleged that the government
tried and sentenced fugitive al-Qa'ida members detained in the country. The
government did not identify those convicted, the verdicts, or their
sentences and provided no further information during the year. Political Prisoners and Detainees In April 2004 then-president Khatami stated that "absolutely, we do have
political prisoners and people who are in prison for their beliefs."
However, no accurate estimates were available regarding the number of
citizens imprisoned for their political beliefs. In 2003 the UN Special
Representative for the Promotion and Protection of the Right to Freedom of
Expression and Opinion estimated the number to be in the hundreds. Although
there were few details, the government has reportedly arrested, convicted,
and executed persons on questionable criminal charges, including drug
trafficking, when their actual "offenses" were political. The government has
charged members of religious minorities with crimes such as "confronting the
regime" and apostasy and conducted trials in these cases in the same manner
as threats to national security. Political prisoners occasionally were given
suspended sentences or released for short or extended furloughs prior to
completion of their sentences, but could be ordered to prison at any time.
Political activists were also controlled by having a file placed in the
courts that could be opened at any time. There were also reports during the
year that the Intelligence Ministry pressured families of political
prisoners, banning them from speaking to foreign press and blocking their
telephone conversations. There was no information that authorities took any action on Judiciary
Chief Shahrudi's 2005 reported order for investigations of political
prisoner cases or leaves of absence for imprisoned students. There were reports that some persons have been held in prison for years
and charged with sympathizing with outlawed groups, such as the domestic
terrorist organization, the Mujahedin-e- Khalq (MEK). On March 18, Akbar Ganji, a former IRGC leader turned political activist
and journalist, was released from prison. Ganji was imprisoned in 2000 in
connection with his reports linking the government to the "serial murders"
of 80 dissidents in the country and abroad. He was sentenced in 2001 to six
years in prison on charges including acting against national security and
spreading propaganda. He received a one-month furlough for medical treatment
in 2005 and subsequently went on a 70-day hunger strike to protest his
detention. After his release he was allowed to travel abroad. On April 25, authorities arrested philosopher and scholar Ramin
Jahanbegloo for "acting against national security and having contacts with
foreigners" and held him at Evin Prison. A media campaign called for his
release, including statements from human rights organizations, prominent
international scholars, and Western governments. Jahanbegloo was released
from prison on or about August 30 and allowed to travel abroad. On June 3, according to Azerbaijani press reports, ethnic Azeri activist
Abbas Lisani was arrested following a protest demonstration. Lisani was
reportedly charged with "holding rallies against the state system." He was
reportedly released on September 26 but re-arrested on November 1. Lisani
received a one-year prison sentence for "spreading antigovernment
propaganda" and at year's end was in prison in the northwestern province of
Ardabil. On June 12, authorities arrested former Majles deputy and human rights
activist Ali Akbar Musavi Khoini, who was reportedly taken to Evin Prison
and held without charge. Khoini, who had been attending a women's rights
protest when he was detained, was a critic of the government during his
2000-04 term of office, protesting the government's human rights abuses,
prison conditions, and the lack of fair trials. Authorities permitted Khoini
to attend a memorial service for his father on September 21, where he told
the crowd that he was being tortured and pressured to "repent" for his
criticisms of the government. Observers at the service told HRW that Khoini
had visible bruises. On October 15, he was released on bail. On June 14, the government detained Azeri-Iranian human rights lawyer
Saleh Kamrani without charge. Kamrani reportedly defended several
individuals, including ethnic Azeri activist Abbas Lisani, who were arrested
during the May demonstrations in the ethnic-Azeri majority region of the
Northwest (see section 1.a.). Kamrani's family received no information on
his whereabouts for several days but later learned that he was detained in
Evin Prison. Kamrani was released from Evin on September 18, according to
AI. On July 27, authorities re-arrested student activist Ahmad Batebi, who
had been released from prison for medical treatment in 2005. On October 15,
they released him again after he posted an approximately $325,000
(300-million toman) bail, but he was returned to custody by October 17,
according to his father. Officials gave no justification for Batebi's
re-arrests. According to his wife, at the time of his re-arrest, Batebi
warned that he would go on a hunger strike, a tactic often used by political
prisoners as a protest. Batebi was involved in the 1999 Tehran student
protest, and his photo was published in several international news outlets,
illustrating the protests. Subsequently, Batebi was sentenced to death in
1999, a sentence that was commuted to 15 years in prison. Batebi reportedly
was severely beaten and harshly interrogated while in prison and
consequentlysuffered from health problems. At year's end Batebi was in Evin
Prison. On September 16, Internet writer Mojtaba Saminejad was reportedly
released from prison. Saminejad was arrested in February 2005 and sentenced
to more than two years in prison on charges that included insulting the
supreme leader. He was first detained in 2004 after reporting the arrest of
other Internet writers and, according to HRW, tortured and held for 88 days
in solitary confinement. In January 2005 he was released on $62,500 (50
million toman) bail. Saminejad started another Internet site but was
detained again, and his bail tripled, which he could not pay. His trial in
May 2005 was held behind closed doors. In October student activist Manuchehr Mohammadi fled the country while on
furlough from Evin Prison. Mohammadi was sentenced to 13 years in prison,
following involvement in the July 1999 Tehran student protests. He is the
brother of activist Akbar Mohammadi, who died in custody on July 31 (see
section 1.a.). On October 8, police arrested dissident cleric Ayatollah Mohammad
Kazemeini Boroujerdi at his home, after dispersing hundreds of his followers
who had gathered there. Boroujerdi reportedly came under increased pressure
from the government for urging separation of religion from politics.
According to press reports, over 70 of his supporters were arrested in late
September and early October. Boroujerdi has reportedly been arrested and
imprisoned several times since 1992 and has claimed that he was tortured and
threatened with execution (see section 2.c.).At year's end there was no
update on this case. In July 2005 while acting as an attorney for the accused, Abdol Fattah
Soltani was accused of espionage. Soltani's lawyer, human rights specialist
Mohammad Dadkhah, and HRW claimed the reason for his arrest was his work in
the investigation into the death of Zahra Kazemi. On July 18, the Tehran
Revolutionary Court acquitted Soltani of espionage but convicted him of
"disclosing classified information" and "spreading propaganda against the
system," according to domestic press reports. Soltani was sentenced to four
years in prison and five years deprivation of his "social rights." Police arrested journalist Siamak Pourzand in 2001 and tried him in March
2002 behind closed doors. He was denied free access to a lawyer of his
choice and was sentenced to 11 years in prison for "undermining state
security through his links with monarchists and counterrevolutionaries."
After repeated hospitalizations followed by reimprisonment, Pourzand was
furloughed again in 2004 and remained under house arrest at year's end. In July 2005 police arrested journalist Massoud Bastani for covering a
demonstration to support political prisoner Akbar Ganji. Bastani was held in
Evin Prison, released in August 2005, then reimprisoned and sent to Arak
prison, normally used for nonpolitical prisoners. He was released on
furlough in September 2005 but returned to prison the next month. In
December 2005 the head of the Association of Iranian Journalists called for
Bastani's release and said he was in poor health. In September an Internet
source said he remained in prison. Arjang Davoudi was arrested in 2003 for assisting a Canadian reporter
making a documentary about Canadian-Iranian photojournalist Zahra Kazemi. In
2005 he was condemned by a revolutionary court to either 14 or 15 years in
jail; reportedly he was beaten and kept in solitary confinement for
approximately 100 days. Davoudi wrote a book from prison about his ordeal
and had his manuscript privately delivered to a publishing company.
According to one report, the Information Ministry prevented the book's
publication by violence against the publisher and its employees.At year's
end he was believed to be in internal exile in Bandar Abbas. In 2004 Peyman Piran, a student activist, was sentenced to 10 years in
prison for acting against national security, contacting foreigners,
disturbing public opinion, and behaving insultingly. In 2004 security forces
also forcibly evicted his father, retired teacher Mostafa Piran, and his
family. Mostafa Piran was reportedly beaten and held in solitary confinement
in July 2004for his attempt to organize a teachers' strike to mark the
anniversary of the July 1999 student demonstrations, in defiance of a ban.
Mostafa was released in March 2005, but Peyman remained in Evin Prison.
There was no additional verified information on Peyman Piran at year's end.
Behruz Javid-Tehrani, a member of the Democratic Party of Iran, was first
arrested in 1999 and spent four years in prison. He was then re-arrested in
July 2004 and condemned to seven years in prison and 54 lashes. In August
2005 it was reported that he was held in solitary confinement for three
months and had told relatives that he was severely beaten. As of July he
reportedly remained in Evin prison. In December 2004 student leader Heshmatollah Tabarzadi, jailed since June
2003, was sentenced by the revolutionary court to 16 years in prison. He was
temporarily furloughed in August 2005; however, in July according to AI,
hewas in Evin Prison. In November 2004 local press reported that after an early October 2005
trial, a Tehran Revolutionary Court sentenced former foreign minister
Ebrahim Yazdi, leader of the banned Freedom Movement opposition party, to an
unspecified but long imprisonment, based on charges of actions against
national security, insulting the supreme leader, and other charges. At
year's end Yazdi was not in prison, but his court case remained pending. He
registered as a presidential candidate in the 2005 elections, but the
Guardian Council rejected his candidacy. Former deputy prime minister Abbas Amir-Entezam, imprisoned for 26 years,
was reported to be on leave from prison at year's end. Civil Judicial Procedures and Remedies The judiciary is nominally independent from the executive and legislative
branches but remained under the influence of executive and religious
government authorities. The head of the judiciary is appointed by the
Supreme Leader, who in turn appoints the head of the Supreme Court and the
chief public prosecutor. According to the constitution, under the
supervision of the head of the judiciary, the Court of Administrative
Justice investigates the grievances of citizens with regard to government
officials, organs, and statutes. In practice, however, citizens' ability to
sue the government is 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 UN
Special Rapporteur (UNSR) on Adequate Housing noted religious minorities,
including members of the Baha'i faith, were particularly affected. The
UNSR's June 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 have 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 infringed on these rights. Security forces monitored
the social activities of citizens, entered homes and offices, monitored
telephone conversations, and opened mail without court authorization. There
were widespread reports that the homes and offices of reformist journalists
were entered, searched, or ransacked by government agents in an attempt to
intimidate. Authorities entered homes to remove television satellite dishes, although
the vast majority of satellite dishes in individual homes continued to
operate. Beginning in August there were press reports that the government
increased its confiscation of satellite dishes. Early in 2004 Western media
reported that Islamist militia confiscated approximately 40,000 satellite
dishes from four factories secretly manufacturing satellite equipment in
eastern Tehran (see section 2.a.). Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press The constitution provides for freedom of expression and the press, within
limits. Article 23 of the constitution states "investigation of individuals'
beliefs is forbidden, and no one may be molested or taken to task simply for
holding a certain belief." Article 24 of the constitution states
"publications and the press have freedom of expression except when it is
detrimental to the fundamental principles of Islam or the rights of the
public?." At the same time, the penal code states that "anyone who
undertakes any form of propaganda against the state" can be imprisoned up to
a year. The law does not define "propaganda." The press law forbids
censorship but also forbids disseminating information that may damage the
Islamic Republic or offend its leaders and religious authorities. It also
subjects writers to prosecution for instigating crimes against the state or
"insulting" Islam; the latter offense is punishable by death. In practice the government severely restricted freedom of speech and of
the press. The Culture Ministry must grant permission to publish any book,
and it inspects foreign printed materials prior to their domestic release.
According to the Tehran-based Association for Advocating Freedom of Press,
state pressure on journalists increased after President Ahmadinejad assumed
office in August 2005. Journalists were frequently threatened and sometimes
killed as a consequence of their work. The December 19 UNGA resolution on
human rights in the country expressed, among other abuses, serious concern
about the continuing harassment, intimidation, and persecution of student
activists, human rights defenders, NGOs, clerics, journalists and Internet
writers, parliamentarians, students, and academics. It cited unjustified
closure of newspapers and blocking Internet sites. Basic legal safeguards for freedom of expression did not exist, and the
independent press was subjected to arbitrary enforcement measures by
elements of the government, notably the judiciary. During 2005 approximately
100 newspapers and magazines were closed for varying periods.
Self-censorship, even more than formal governmental censorship, limited
dissemination of information during the year. The government, through a state-controlled entity called the Sound 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 a limited circulation outside large cities, radio and
television served as the principal news source for many citizens. Satellite
dishes that received foreign television broadcasts were forbidden; however,
many citizens owned them, particularly the wealthy. Beginning in August the government increased confiscation of illegal
satellite dishes in homes (see section 1.d.). The government blocked foreign
satellite transmissions using powerful jamming signals in the past.
Separately, the government ruled private broadcasting illegal; cooperation
with private broadcasting was also illegal. Foreign journalists faced harassment. The government required foreign
correspondents to provide detailed travel plans and proposed stories before
receiving visas. They were also required to hire "fixers" inside the country
at high cost. Some were denied visas. The 1985 press law established the Press Supervisory Board, which is
responsible for issuing press licenses and examining complaints filed
against publications or individual journalists, editors, or publishers. In
certain cases the board may refer complaints to the press court for further
action, including closure. Its hearings were conducted in public with a jury
composed of clerics, government officials, and editors of
government-controlled newspapers. The press law also allows government entities to act as complainants
against newspapers, and often public officials lodged criminal complaints
against reformist newspapers that led to their closures. Offending writers
were subjected to lawsuits and fines. During the year there were
numerous closures of newspapers and other press outlets, as well as arrests
of journalists. Some human rights groups asserted that the increasingly conservative
press court assumed responsibility for cases before press supervisory board
consideration, often resulting in harsher judgments. Efforts to amend the
press laws have not succeeded, although in 2003 parliament passed a law
limiting the duration of temporary press bans to stop the practice of
extending "temporary" bans indefinitely. After the 1997 election of President Khatami, the independent press,
especially newspapers and magazines, played an increasingly important role
in providing a forum for debate over reform in the society. However, the
press law prohibited the publication of a broad and ill-defined category of
subjects, including material "insulting Islam." In the early part of the year, at least two student activists affiliated
with the reformist student group Office for Consolidation of Unity (OSU)
were expelled from their universities by the Education Ministry. The OSU in
particular reported harassment and detention of its members by government
authorities, often plainclothes security forces. Students reported facing
disciplinary committees, courts, and even jail sentences related to their
activities in student political groups. Student groups reported interference
with their activities and with student elections. Several liberal and
reform-minded professors were dismissed or forced to retire. On May 31,
plainclothes security forces detained Abdullah Momeni, a spokesman for the
OSU. The previous week the government detained two students at the Amir
Kabir University in Tehran, blogger Abed Tavanche, and fellow student Yashar
Qajar, of the Islamic Students Union.Tavanche and Qajar were held without
charge and released at the end of July. In January the Ministry of Intelligence and Security and the Ministry of
Islamic Culture and Guidance jointly instructed the semi-official news
outlets Iranian Student News Agency and Iranian Labor News Agency to not
report on the arrests and prosecution of student activists without
coordinating with those ministries, according to the news Web site Rooz
Online. Rooz also reported that the Supreme National Security
Council warned editors in chief not to publish political analysis that
differed from the country's official policy. Tehran Prosecutor General Saeed
Mortazavi reportedly stated that "freedom of the press and freedom of
expression are not absolute and are subject to respect for Islamic and legal
principles." Domestic press reports indicated the government attempted to limit the
distribution of reformist campaign materials in the December 15 municipal
council elections. On January 8, a court in Mashhad gave blogger Ahmad Reza Shiri a
three-year suspended jail sentence for articles published on his blog,
according to Reporters Without Borders (RSF). Shiri was not jailed but must
serve that sentence if he has further trouble with government authorities.
According to RSF authorities often use suspended sentences to intimidate and
silence journalists who criticize the government. On January 29, Elham Afroutan and six other journalists from the weekly
newspaper Tamadon-e-Hormozgan in the city of Bandar Abbas were
arrested for writing an article critical of Ayatollah Khomeini. Afroutan and
one other journalist were reportedly released in June after posting bail,
according to RSF. The state-owned newspaper Iran was suspended following publication
of a May 12 cartoon that incited riots among the country's Azeri minority
(see section 5). On May 23, according to RSFeditor Mehrdad Qasemfar and
cartoonist Mana Nayestani were arrested and taken to Evin Prison. They were
reportedly given a 50-day leave but returned to prison on October 12. At
year's end both were believed to be out of prison. On July 24, the East Azerbaijan province press court revoked the license
of provincial daily Nada-yi-Azerabadagan and sentenced its editor,
Abolfazl Vesali, to six months in jail reportedly for "inciting the public."
Vesali was released on bail after spending 45 days in jail. In August the Tehran public court revoked the licenses of the two
publications (the monthly magazine Aftab and business newspaper
Akhbar-e-Eqtesadi) and sentenced Aftab managing editor Isa
Saharkhiz to four years in prison. Aftab was reportedly closed for
"publishing false information," specifically, a series of articles critical
of the country's prison system. On August 19, the Supreme Court sentenced Saghi Baghernia, publisher of
the business daily Asia, to six months in prison for "propaganda
against the regime." Also in August according to domestic press, government spokesman Gholam
Hoseyn Elham wrote an open letter to Tehran prosecutor Mortazavi accusing
some publications of a smear campaign against the government and calling for
legal action against publishers of "slanderous reports." In September according to the Committee to Protect Journalists (CPJ), an
appeals court upheld the one-year prison sentence against Mohammad Sadiq
Kabudvand, Kurdish journalist and human rights activist. Kabudvand, who is
also secretary of the Kurdistan Organization for the Defense of Human
Rights, wrote for the now-defunct weekly Payam Mardom Kordestan and
was convicted of "inciting the population to rebel against the central
state." On September 12, major reformist daily Shargh was closed by the
Press Supervisory board. Authorities cited a satirical cartoon published on
September 7 as the reason for the closure. Also on September 12, monthly
publications Nameh and Hafez were closed. Government
authorities reportedly pressured Shargh to replace its managing
editor before the closure, but the paper did not comply. Following the
closure of Shargh, a new publication, Rouzegar, began
employing many of the original Shargh staff. On October 19, the new
publication was suspended three days after it began publishing, when it
ignored government warnings to avoid covering political topics. On September 19, government officials raided the office of Advar
News, a news Web site affiliated with the student group OSU. The Web
site was shut at that time but resumed under a different name on October 4.
On October 12, three journalists from the Kurdish language weekly
Rouji Ha Lat, Farhad Aminpour, Reza Alipour, and Saman Solimani, were
arrested without charge. They were reportedly released one month later. On October 16, proreform weekly Safir Dashtestan was reportedly
closed for publishing an article critical of Supreme Leader Khamenei,
according to RSF. Its publisher, editor, and an editorial assistant were
detained; however, they were later released on bail. In November 2005 RSF accused Ministry of Intelligence officials of
harassing journalists, claiming government officials had summoned at least
10 journalists for questioning and advised them not to criticize the new
president or write articles on sensitive issues like the nuclear program.
HRW asserted, "By attacking a small percentage of those critical of the
government, authorities have been able to silence a much larger body of
journalists, activists, and students." There were threats and prosecution against journalists writing about
ethnic issues. For example, Yusuf Azizi was arrested in April 2005 for
writing about ethnic issues and released on bail in June 2005; as of year's
end, he had resumed writing. Throughout the year the government continued to harass senior Shi'a
religious and political leaders and their followers who dissented from the
ruling conservative establishment. On October 8, authorities arrested
dissident cleric Ayatollah Boroujerdi, who had publicly espoused the
separation of religion and politics (see section 1.e.). In August 2005
Hojatoleslam Mojtaba Lotfi, the aide to Ayatollah Montazeri arrested in 2004
for publishing a book on Montazeri's five years of house arrest, was
reportedly released from jail. Internet Freedom The government increased control over the Internet during the year as
more citizens used it as a source for news and political debate. A 2004 poll
by a domestic press outlet found many citizens trusted the Internet more
than other news media. In 2005 approximately 6.2 million citizens used the
Internet, and there were 683 Internet Service Providers (ISPs). All ISPs
must be approved by the Ministry of Culture and Guidance, and the government
used filtering software to block access to some Western Web sites,
reportedly including the Web sites of prominent Western newspapers and NGOs.
During the year approximately seven million citizens used the Internet,
although the Communications Ministry estimated as many as 16 million users
of the "Internet and information technology," according to domestic press
reports. In October the government imposed a limit of 128 kilobytes per second (KBps)
on Internet speed and required ISPs to comply with the limit by decreasing
Internet service speed to homes and cafes. The new limit made it more
difficult to download Internet materialand to circumvent government
restrictions to access blocked Web sites. In January Arash Sigarchi, journalist and Internet author, was sentenced
to three years in prison for "insulting the supreme leader" and "propaganda
against the regime."According to domestic press Sigarchi was reportedly
released on medical leave on June 7, and on December 23, the government
acquitted him of all charges and declared the case closed. RSF reported that during the year that 38 journalists were arrested and
dozens of media outlets censored. According to RSF repression of bloggers
decreased during the year, but Internet censorship increased. According to
RSF the news Web sites Advar and Entekhab were blocked during
the year as well as several Web sites dealing with women's issues inside the
country. Women's groups reportedly launched an online petition during the
year to protest Internet filtering. In January 2005 Judiciary Chief Shahrudi and other judiciary officials
met with several Internet writers about their claims of mistreatment.
Domestic media later reported that Shahrudi instructed the public
prosecutor's office to transfer the cases to a special committee. The report
on the treatment of the Internet writers was never publicly released (see
section 1.c.). Most of the writers were released on bail by the end of 2005.
After their release, RSF reported authorities summoned the bloggers for
questioning several times a week, and government officials threatened them.
In April the Minister of Communications and Information Technology
announced the government's intention to establish a "national Internet,"
which would improve on the costly monitoring process that required Web site
information to exit the country and then return. A study published by HRW in
October 2005 listed Internet sites that had been blocked in the country,
including women's rights sites, several foreign-based, Farsi-language news
sites, some popular sites of Internet writers, the Freedom Movement Party
Web site, a Web site promoting the views of Ayatollah Montazeri, several
Kurdish Web sites, Web sites dedicated to political prisoners, and a Baha'i
Web site. In October 2005 government authorities also blocked access to the
Baztab news Web site. The Web site manager said they received a judicial
order saying the temporary ban was based on a complaint related to the
nuclear issue. In December 2005 13 Majles deputies protested Internet
censorship in a letter to President Ahmadinejad and urged him to end the ban
on these three sites. Beginning in 2004 the government launched a major crackdown on sites
based in the country, including blogs (web-based publications of periodic
articles with commentary by the author and readers), reportedly blocking
hundreds of Internet sites. According to HRW in the past three years, Tehran
Chief Prosecutor Saeed Mortazavi reportedly ordered more than 20 Internet
journalists and civil society activists arrested and held in a secret
detention center in Tehran. In 2004 four of these detainees denied any mistreatment during a
televised "press conference" arranged by Tehran's Chief Prosecutor Mortazavi.
However, widespread and credible reports indicated that while in secret
detention, threats, torture, and physical abuse were employed to obtain
false confessions and letters of repentance (see section 1.e.). After their
release, some detainees testified to a presidential commission about their
treatment. Commission member and former presidential advisor Mohammad Ali
Abtahi later wrote on his Internet site that detainees claimed they were
beaten, held in solitary confinement, denied access to lawyers, and forced
to make false confessions. In January 2005 Abtahi reported that the
government blocked access to his Internet site. According to RSF the government claimed to have blocked access to 10
million "immoral" Internet sites during the year. In 2005 the judiciary
announced the creation of a special unit to handle Internet-related issues.
According to press reporting, the judiciary highlighted over 20 subject
areas to be blocked, including insulting Islam, insulting the Supreme Leader
or making false accusations about officials, undermining national unity and
solidarity, and propagating prostitution and drugs. Academic Freedom and Cultural Events The government restricted academic freedom. In September President
Ahmadinejad called for the removal of secular and liberal professors from
universities. Reports indicated dozens of university professors were
dismissed or forced to retire. Student groups reported that during the year
the government used a "star" system to rank politically active
students--each star denoted a negative mark. Students with three stars were
reportedly banned from university or prevented from registering for upcoming
terms.Government informers were common on university campuses. Additionally,
there were reports the government maintained a broad network of student
informants in Qom's major seminaries who reported teaching counter to
official government positions. The government censored cultural events.In November 2005 the Minister of
Islamic Culture and Guidance promised more stringent controls on books,
cinema, and theater, although he indicated the change would not be
immediate. He also warned of greater surveillance of "hundreds" of cultural
associations. Culture Ministry officials also reportedly cancelled more than
30 concerts. In December 2005 President Ahmadinejad announced a ban on
Western music, which remained in effect during the year. A September report
by a Western NGO noted that censorship by authorities and a culture of
self-censorship strongly inhibited artistic expression in the country. The government also effectively censored domestic films, since it
remained the main source of production funding. Producers were required to
submit scripts and film proposals to government officials in advance of
funding approval. After President Ahmadinejad assumed office in August 2005,
the Supreme Cultural Revolution Council announced a ban of movies promoting
secularism, feminism, unethical behavior, drug abuse, violence, or
alcoholism. Films of some domestic directors were not permitted to be shown
in the country. Admission to universities was politicized; all applicants had to pass
"character tests" in which officials eliminated applicants critical of the
government's ideology. Some seats in universities continued to be reserved
for members of the Basij, regardless of their scores on the national
entrance exam. To obtain tenure professors had to refrain from criticism of
the authorities. b. Freedom of Peaceful Assembly and Association Freedom of Assembly The constitution permits assemblies and marches, "provided they do not
violate the principles of Islam"; however, in practice the government
restricted freedom of assembly and closely monitored gatherings to prevent
antigovernment protests. Such gatherings included public entertainment and
lectures, student meetings, labor protests, funeral processions, and Friday
prayer gatherings. Paramilitary organizations such as the Ansar-e Hizballah, a group of
vigilantes who seek to enforce their vision of appropriate revolutionary
comportment upon society, harassed, beat, and intimidated those who
demonstrated publicly for reform. They particularly targeted university
students. On March 8, police dispersed a rally in Tehran commemorating
International Women's Day. Participants were reportedly attacked and beaten
by police (see section 5). On June 12, police forcefully dispersed a women's
rights demonstration; many protesters were detained and arrested, including
former Majles deputy and human rights activist Ali Akbar Musavi Khoini.
Khoini was subsequently released; however, others reportedly remained in
prison at year's end. On September 24, police reportedly arrested 30 activists who gathered in
front of the UN office in Tehran to protest the death sentence of Kobra
Rahmanpour, who was convicted of the stabbing death of her mother-in-law in
2000. She pled self-defense but received a death sentence. On December 11, students disrupted a speech by President Ahmadinejad at
Amir Kabir University, shouting slogans directed against him. Ahmadinejad
reportedly spoke with some students following his speech and assured them
they would not be punished for expressing their views; however, reports
indicated some student participants still feared retaliation. In December 2005 Sherkat-e-Vahed went on strike to protest nonpayment of
wages, poor working conditions, and the arrests of 14 association leaders.
Mansour Osanloo, the head of Sherkat-e-Vahed, was arrested at that time, and
detained in Evin Prison. On January 28, Sherkat-e-Vahed members
demonstrated, calling for the release of Osanloo and attention to their
grievances. Police used force to disrupt the protest and arrested several
hundred members of the syndicate, as well as some of their family members,
according to the International Trade Union Confederation (ITUC). Family
members and some of the workers were released, but at year's end there was
no information regarding other reportedly detained workers. On August 9,
Osanloo was released on bail but re-arrested on November 19 (see section
6.b.). The constitution provides for the establishment of political parties,
professional associations, Islamic religious groups, and organizations for
recognized religious minorities, provided that such groups do not violate
the principles of "freedom, sovereignty, and national unity," or question
Islam as the basis of the Islamic Republic; however, the government limited
freedom of association, in practice. The government's 2002 dissolution of the Freedom Movement, the country's
oldest opposition party, remained in effect. c. Freedom of Religion The constitution declares that the "official religion of Iran is Islam
and the doctrine followed is that of Ja'fari (Twelver) Shi'ism."
The constitution also states that "other Islamic denominations are to be
accorded full respect" and recognizes the country's pre-Islamic
religions--Zoroastrians, Christians, and Jews--as "protected" religious
minorities; however, in practice the government restricted freedom of
religion. Religions not specifically protected under the constitution,
particularly the Baha'i Faith, did not enjoy freedom. The central feature of the country's Islamic republican system is rule by
the "religious jurisconsult." Its senior leadership consisted principally of
Shi'a clergymen, including the supreme leader of the revolution, the
president, the head of the judiciary, and the speaker of parliament. During the year, for the first time, approximately 200 Baha'i students
were admitted to universities. However, it was not known if their admission
resulted from changed government policy or a change in the use of university
application forms. On May 19, officials arrested 54 Baha'is in Shiraz. No charges were made,
and all but three were released on bail within a week. The remaining three
Baha'is were released on June 14. On June 28, authorities re-arrested Baha'i member Pooya Mavahhed, who was
first arrested in August 2005 on a charge of opposition to the government
but was released 10 days later on bail. On August 17, according to press reports, authorities arrested Babak
Rouhi in Mashad on counts of having made copies of a Baha'i book for a
Baha'i function. Societal Abuses and Discrimination The population is approximately 99 percent Muslim; 89 percent of the
population is Shi'a, and 10 percent is Sunni. Baha'i, Christian,
Zoroastrian, and Jewish communities constitute less than 1 percent of the
population. The government carefully monitored the statements and views of the
country's senior Muslim religious leaders. It restricted the movement of
several religious leaders, who had been under house arrest for years, and
arrested and imprisoned at least one dissident cleric, Ayatollah Boroujerdi,
during the year (see section 2.a.). All ranking clerics were pressured to
ensure their teachings confirmed (or at least did not contradict) government
policy and positions (see section 1.e.). Sunni Muslims are the largest religious minority. The constitution
provides Sunni Muslims a large degree of religious freedom. Sunni Muslims
claimed the government discriminated against them, although it was hard to
distinguish whether the cause for discrimination was religious or ethnic,
since most Sunnis are also ethnic minorities, primarily Arabs, Balouchis,
and Kurds. As an example of discrimination, Sunnis citedthe lack of a Sunni
mosque in the nation's capital, Tehran, despite over a million Sunni
inhabitants. Members of the country's non-Muslim religious minorities, particularly
Baha'is, reported imprisonment, harassment, and intimidation based on their
religious beliefs. In November 2005 the domestic press quoted a leading
cleric, Ayatollah Ahmad Janati, secretary of the Guardian Council, as saying
humans who follow anything but Islam are like animals who graze and commit
corruption. The comment was widely criticized in the country, and the Majles
representative of the Zoroastrian community publicly condemned Janati's
remarks. The representative was then summoned to court to face charges of
spreading false news and showing a lack of respect for authorities, but no
case was pursued against him. All religious minorities suffered varying degrees of officially
sanctioned discrimination, particularly in employment, education, and
housing. In June the UNSR for Adequate Housing visited the country and
reported that rural land, particularly that belonging to minorities,
including many Baha'is, was expropriated for government use and owners were
not fairly compensated. With the exception of Baha'is, the government
allowed recognized religious minorities to conduct religious education of
their adherents, although it restricted this right considerably in some
cases. Religious minorities are barred from election to a representative
body, except for the five Majles seats reserved for minorities, and from
holding senior government or military positions, but they were allowed to
vote. Although the constitution mandates an Islamic army, members of
religious minorities did serve in the military, although non-Muslim
promotions were limited by a military restriction against non-Muslims
commanding Muslims. Reportedly non-Muslims can be officers during their
mandatory military service but cannot be career military officers. The legal system previously discriminated against recognized religious
minorities in relation to blood money; however, in 2004 the Expediency
Council authorized collection of equal blood money for the death of Muslim
and non-Muslim men. Women and Baha'i men remained excluded from the revised
ruling. Inheritance rules favored Muslim family members over non-Muslims. For
example, under existing inheritance laws, if a non-Muslim converted to
Islam, that person would inherit all family holdings while non-Muslim
relatives would receive nothing. Furthermore, proselytizing of Muslims by non-Muslims is illegal. The
government did not ensure the right of citizens to change or recant their
religion. Apostasy, specifically conversion from Islam, was punishable by
death, although there were no reported instances of the death penalty being
applied for apostasy during the year. There was no further information on
the Internet report of a Christian killed in November 2005 who had converted
from Islam 10 years earlier.Baha'is are considered apostates because of
their claim to a religious revelation subsequent to that of the Prophet
Mohammed. The government defined the Baha'i faith as a political "sect"
linked to the Pahlavi monarchy and Israel and, therefore,
counterrevolutionary. Baha'i organizations outside the country warned that the government
intensified a strategy of intimidation against Baha'is.The country's
estimated 300,000 to 350,000 Baha'is were not allowed to teach or practice
their faith or to maintain links with co-religionists abroad. The government
continued to imprison and detain Baha'is based on their religious beliefs. A
2001 Justice Ministry report indicated the existence of a government policy
to eliminate the Baha'i community eventually. In March the UN Special Rapporteur on Freedom of Religion and Belief
expressed concern about allegations that security forces were monitoring and
gathering information about the Baha'i community. Baha'i groups reported the
government was collecting names of Baha'is across the country, and there was
an increase of anti-Baha'i editorials in progovernment newspapers. In December 2005 the longest held Baha'i prisoner, Zabihullah Mahrami,
died in prison of unknown causes. Mahrami was arrested in 1995 and faced a
life sentence for apostasy. Another Baha'i, Mehran Kawsari, who was
sentenced to three years in prison in November 2004 after writing a letter
to then-president Khatami on the situation of Baha'is, was released on bail
on March 18. On May 19, 54 Baha'is were arrested in the city of Shiraz. Those arrested
were primarily Baha'i youths participating in a student volunteer program to
tutor underprivileged children. All were released by mid-June. Throughout 2005 the government arrested 65 other Baha'is, detained them,
and later released them on high bails, often in the form of property deeds.
While they were imprisoned, their families often were not informed of their
location, and authorities denied any record of their arrests or did not
indicate charges against them. Some were not allowed to work for several
months after their release. Government agents also searched numerous Baha'i
homes and seized possessions. In October the National Spiritual Assembly of Baha'is of the United
Statesreported that more than 300 Baha'i students passed the university
entrance exam in the country and were admitted. The Baha'i group reported
201 students were allowed to register for university, but 14 were identified
as Baha'is by their professors, dismissed from classes, and told they would
need a Ministry of Education certificate to resume studies. At year's end
they had reportedly not received responses from the ministry. The December 19 UNGA resolution on the country's human rightsexpressed
serious concerns about increasing discrimination against religious and
ethnic minorities, citing the escalation and increased frequency of
violations against Baha'is. It called on the government to implement the
1996 UNSR report of the Commission on Human Rights on religious tolerance,
particularly in regard to the Baha'i community. In 2001 the UNSR estimated the Christian community at approximately
300,000. Of these the majority were ethnic Armenians and Assyro-Chaldeans.
Protestant denominations and evangelical churches also were active, but they
reported restrictions on their activities. The authorities became
particularly vigilant in recent years in curbing proselytizing activities by
evangelical Christians. Some unofficial estimates circa 2004 indicated that
there were approximately 100,000 Muslim-born citizens who had converted to
Christianity. The UNSR estimated that 15,000 to 20,000 Christians emigrated
each year; however, given the continued exodus from the country for economic
and social reasons, it was difficult to establish the role religion played
in the choice to emigrate. On September 26, authorities arrested Fereshteh Dibaj and Reza Montazami,
Christian citizens, at their home in the northeastern part of the country.
The Information Ministry held the couple for 10 days without bringing any
charges against them, and agents confiscated their home computer and other
belongings. They were released on October 5. Dibaj and Montazami operated an
independent church in Mashhad. In 2004 authorities reportedly arrested a number of Christians in the
northern part of the country and imprisoned Hamid Pourmand, a Protestant
minister and former military officer. In February 2005 a military court
convicted Pourmand of "deceiving the armed forces" for not declaring he was
a convert to Christianity. He was sentenced to three years in prison and
discharged from the military. A judiciary spokesman said Pourmand was
convicted for involvement with a "political group" and not because of his
religion. In May 2005 the Bushehr Revolutionary Court cleared Pourmand of
apostasy but sentenced him to three years in prison for espionage. At year's
end there was no further information. Estimates of the size of the Jewish community varied from 15,000 to
30,000. The government's anti-Israel stance, in particular the president's
speeches against Israel stating the Zionist regime should be eliminated,
and the perception among many citizens that Jewish citizens supported
Zionism and Israel, created a threatening atmosphere for the community. On December 11 and 12, the government sponsored a conference entitled,
"Review of the Holocaust: Global Vision." This conference was widely
criticized as it sought to provide a forum for those who deny the existence
or scope of the Holocaust. Topics included: "Nazism and Zionism: Cooperation
or Hostility;" "Holocaust: Concept and Justification/Evidence;" "Gas
Chambers: Denial or Confirmation;" "Aftermath and Exploitation;" "Anti-
Semitism and the Emergence of Zionism;" and "Western Media and Propaganda."
Speakers at the conference universally called for the elimination or
delegitimization of the state of Israel and concluded that the Holocaust did
not occur or was an exaggeration used by Jews for political and financial
gains. On October 20, Channel 1 aired a science fiction film made in the country
entitled The Land of Wishes. It featured an evil queen, adorned with
a large Star of David and sitting on a throne in the "Black House" (which is
also marked with a Star of David). The queen engages in a battle of "virtual
warriors" with a young girl who seeks to free the masses the queen has
enslaved. When the queen is defeated, her technicians die struggling to
rescue a "medal"--also a Star of David. In the fall the newspaper Hamshahri cosponsored a Holocaust
cartoon contest in which the paper solicited submissions from around the
world and awarded a $12,000 (approximately 111,000 rials) prize to a
Moroccan cartoonist who drew a picture of an Israeli crane erecting a wall
of concrete blocks around the Al-Aqsa Mosque in Jerusalem, Islam's third
holiest site. The blocks bear sections of a photograph of the Nazi
extermination camp at Auschwitz-Birkenau. Within the domestic press, anti-Semitism in the media was present and
anti-Semitic editorial cartoons depicting demonic and stereotypical images
of Jews along with Jewish symbols were published throughout the year,
primarily in the government-controlled owned daily newspaper, Al-Wifaq,
and occurred without government response. In October 2005 President Ahmadinejad told "The World without Zionism"
conference that, "as the Imam [revolutionary leader Ayatollah Ruhollah
Khomeini] said, Israel must be wiped off the map." While chants of "death to
Israel" had been common at public gatherings prior to this declaration,
Ahmadinejad's comment was the first public call for Israel's destruction by
a high-ranking government official in recent years. Supreme Leader Khamenei,
while not repudiating Ahmadinejad's remarks, said the country would not
commit aggression against any nation. Nevertheless, Ahmadinejad continued in subsequent speeches to make
similar comments, labeling the Holocaust a myth and calling for the removal
of the Jewish state from the Middle East. For example, on April 15, at the
opening of a conference supporting Palestinians he said, "Like it or not,
the Zionist regime is headed towards annihilation." He followed this remark
on April 27 on live state television claiming, "The regime in Israel will
one day vanish." On July 8, Ahmadinejad stated that "the basic problem in
the Islamic world is the existence of the Zionist regime, and the Islamic
world and the region must mobilize to remove this problem," and later that
month statedduring an emergency meeting with Muslim leaders that "the real
cure for the Lebanon conflict is the elimination of the Zionist regime, but
there should be first an immediate cease-fire." On August 3, in a speech
before the Organization of the Islamic Conference, he said, "the Zionist
regime is fraudulent and illegitimate and cannot survive," and on October 19
and November 13, Ahmadinejad stated, "The regime in Israel will be gone,
definitely. You, the Western powers, should know that any government that
stands by the Zionist regime from now on will not see any result but the
hatred of people." On December 12, he stated that he wished to give "thanks
to people's wishes and God's will the trend for the existence of the Zionist
regime is downwards and this is what God has promised and what all nations
want?Just as the Soviet Union was wiped out and today does not exist, so
will the Zionist regime soon be wiped out." The sole Jewish member of parliament (MP) condemned the president's
remarks on the Holocaust, noting in a September 22 BBC News article
that "it is very regrettable to see a horrible tragedy so far reaching as
the Holocaust being denied?it was a very big insult to Jews all around the
world." The Jewish MP also complained in April 2005 that the state-run Islamic
Republic of Iran Broadcasting (IRIB) television network transmitted
anti-Semitic programs, although he noted this year that such broadcasts were
sporadic. According to local press, IRIB replied in a letter later in April
that wasread in the Majles that its programming was based on "research and
documentary evidence" and claimed that IRIB's programming gave more
attention to positive Jewish characters than negative ones. IRIB's statement
notwithstanding, anti-Semitic material on national television included a
serial started in December 2004 called Zahra's Blue Eyes, in which
Israelis reportedly kidnapped Palestinian children to harvest organs for
transplant. In recent years the government has made education of Jewish children more
difficult by limiting distribution of Hebrew texts and requiring several
Jewish schools to remain open on Saturdays, the Jewish Sabbath. There were
limits on the level to which Jews could rise professionally, particularly in
government. Jewish citizens were permitted, however, to obtain passports and
travel outside the country,without previous limits on multiple-exit visas or
restriction on permitting all family members to travel at once. In May a magazine published photos of synagogues draped in US and Israeli
flags and claimed they were in Tehran and Shiraz when in fact they were
outside of the country. Anti-Jewish and anti-Israel demonstrations followed
in Shiraz. The Jewish MP protested in the Majles and was supported by the
Speaker of the Majles, Gholam Ali Hadded Adel, who reprimanded the magazine.
At the end of the year, a Jewish community monthly publication stopped for
unknown reasons. The Mandeans, whose religion draws on Christian Gnostic beliefs, number
approximately 5,000 to 10,000 persons, primarily in the southwest. There
were reports that Mandeans experienced discrimination in the form of
pressure to convert to Islam and problems accessing higher education. The Zoroastrian community, whose religion was the country's official
religion before Islam, numbers approximately 30,000 to 35,000. Sufis are a minority Muslim sect whose practices focus on mysticism in
Islam and involve dance and music. Sufis are sometimes regarded with
suspicion by followers of more orthodox interpretations of Islam. Sufi
organizations outside the country previously expressed concern about
government repression of their religious practices, and during the year
there werearrests in Qom, a center of orthodox Shi'ism, after calls by Shi'a
clerics for restrictions on local Sufis. On February 14, according to authorities, 1,200 Sufi worshippers in Qom
were arrested. Sufi groups and human rights activists placed the number of
arrested at approximately 2,000. Qom officials announced that the
worshippers were arrested following attempts by authorities to expel them
from their place of worship. Officials in Qom said that the building had
been illegally turned into a place of worship and worshippers who refused to
leave had to be removed by force. Authorities further stated that more than
100 persons, including 30 police officers, were injured. On May 4, 52 Sufis were sentenced to one year in prison, fines, and
lashes(ultimately reduced to fines) in connection with the February
incident. Their lawyers, Farshid Yadollahi and Omid Behrouzi, shared their
sentence and were also banned from practicing law for five years. For a more detailed discussion, see the
2006 International
Religious Freedom Report. d. Freedom of Movement Within the Country, Foreign Travel, Emigration,
and Repatriation The government placed some restrictions on these rights. Citizens could
travel within the country and change their place of residence without
obtaining official permission. The government required exit permits for
foreign travel for all citizens. Some citizens, particularly those whose
skills were in short supply and who were educated at government expense, had
to post bonds to obtain exit permits. The government restricted the movement
of certain religious minorities and several religious leaders (see sections
1.d. and 2.c.), as well as some scientists in sensitive fields. For example, Hojjatoleslam Ezimi Qedimi was convicted of "propagandizing in favor of groups and organizations against the system." On August 31, he was released after serving approximately five months in prison; however a five-year overseas travel ban remained in effect. Additionally, in January 2005 according to domestic media, former deputy minister for Islamic culture and guidance, Issa Saharkhiz, was banned from foreign travel. In December 2005 Emaddedin Baqi, president of the Association in Defense of Prisoners Rights, was prevented from going to France to receive a human rights prize. There was no indication during the year that these travel bans were lifted. Citizens returning from abroad occasionally were subjected to searches
and extensive questioning by government authorities for evidence of
antigovernment activities abroad. Recorded and printed material, personal
correspondence, and photographs were subject to confiscation. Women must obtain the permission of their husband, father, or other male
relative to obtain a passport. Married women must receive written permission
from their husbands before leaving the country. The government did not use forced external exile, and no information was
available regarding whether the law prohibits such exile; however, the
government used internal exile as a punishment. The government offered amnesty to rank-and-file members of the Iranian
terrorist organization, MEK residing outside the country. Subsequently, the
ICRC assisted with voluntarily repatriating at least 300 MEK affiliates
housed in Iraq under MNF-I (Multinational Force Iraq) protective
supervision. Protection of Refugees The law provides means for granting asylum or refugee status to qualified
applicants in accordance with the 1951 UN Convention relating to the Status
of Refugees and its 1967 protocol. The government has established a system
for providing protection to refugees. There were no reports of any forced
return of persons to a country where they feared persecution; however, there
were reports that the government deported refugees deemed "illegal" entrants
into the country. In times of economic uncertainty, the government increased
pressure on refugees to return to their home countries. The government
generally cooperated with the office of the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in assisting refugees
and refugee seekers. No information was available on government policy regarding temporary
protection to individuals who may not qualify as refugees under the 1951
Convention or its 1967 protocol. In October at a UNHCR meeting on refugees in Geneva, Interior Minister
Mostafa Purmohammadi estimated that the country hosted 950,000 legal
refugees from Afghanistan, plus another one million illegal Afghan refugees.
Reportedly, the UNHCR complained that governmentauthorities pressured Afghan
refugees to return to Afghanistan by suspending education and medical
services and revoking residence permits. On October 12, the provincial
government of East Azerbaijan province announced Afghan refugees could not
remain in the province and had until October 22 to present themselves to
authorities for their situations to "be clarified." The government accused
many Afghans of involvement in drug trafficking. According toa Western NGO, in February 2005 the country passed
regulations that increased fines for employers of Afghans without work
permits and imposed new restrictions to make it more difficult for Afghans
to obtain mortgages, rent or own property, or open bank accounts. The
government did not impose the same restrictions on Iraqi refugees. These
rules also included new restrictions on residence in certain cities and
regions and lifted an earlier exemption from school fees for Afghan refugee
children. UNHCR cut all education assistance to Afghans. In June the
government reduced the school fees charged for Afghan students, according to
a Western NGO. During the year government officials called for increased
repatriation of refugees to Afghanistan. In January 2005 the judiciary announced amnesty for imprisoned Afghans,
including those on death row. Following release, these Afghans were to be
repatriated; however, there was no confirmation during the year that
they were repatriated. There were reports in 2005 of Afghans being arrested
and deported in the southeast of the country. Most were illegal migrants,
seeking to stay in the country for economic reasons, but some had temporary
residence permits. Government officials denied arresting refugees. A June
2005 survey by a Western NGO noted that the country had deported 140,000
Afghans, including some with refugee status. At one border crossing, the
government worked with UNHCR to allow deportees to claim asylum or cite
other reasons why they should not be deported, but it did not set up similar
facilities at other border crossings. The UNHCR estimated that in 2001 there were approximately 200,000 Iraqi refugees in the country, the majority of whom were Iraqi Kurds, but also including Shi'a Arabs. In numerous instances both the Iraqi and Iranian governments disputed these refugees' citizenship, rendering many of them stateless. During the past few years, however, a large percentage of these refugees were voluntarily repatriated. A Western NGO estimated that during the year there were approximately 54,000 Iraqi refugees in the country. Although the government claimed to host more than 30,000 refugees of
other nationalities during the year, including Tajiks, Uzbeks, Bosnians,
Azeris, Eritreans, Somalis, Bangladeshis, and Pakistanis, it did not provide
information about them, nor did it allow UNHCR or other organizations access
to them. A Western NGO reported that few international humanitarian agencies
operated in the country because the government restricted their operations
and did not allow UNHCR to fund them. Section 3 Respect for Political Rights: The Right of Citizens to Change
Their Government Elections and Political Participation The right of citizens to change their government was restricted
significantly. The supreme leader, the recognized head of state, is elected
by the Assembly of Experts and can only be removed by a vote of this
assembly. The assembly is restricted to clerics, who serve an eight-year
term and are chosen by popular vote from a list approved by the Council of
Guardians. There is no separation of state and religion, and clerical
influence pervades the government. According to the constitution, a
presidential candidate must be elected from among religious and political
personalities (rejal, which is interpreted by the Council of
Guardians to mean men only), of Iranian origin, and believe in the Islamic
Republic's system and principles. The Council of Guardians, which reviews
all laws for consistency with Islamic law and the constitution, has
"approbatory supervision," allowing it to screen candidates for election.
The council only accepts candidates who support a theocratic state. The
supreme leader also approves the candidacy of presidential candidates, with
the exception of an incumbent president. Prior to the 2004 parliamentary
elections, the Guardian Council vetoed legislation that would have required
it to reinstate disqualified candidates unless the council legally
documented their exclusion. Regularly scheduled elections are held for the
presidency, the Majles, and the Assembly of Experts, as well as municipal
councils. On December 15, there were elections for the Assembly of Experts,
municipal councils, and Majles by-elections. Hundreds of potential
candidates, largely reformists, were disqualified by the Guardian Council
and parliamentary electoral committees prior to the elections. Nonetheless,
in the municipal election for the Tehran city council, reformists gained
more seats than did supporters of President Ahmadinejad. In the Assembly of
Experts elections, Ahmadinejad's political rival, Expediency Council chair
Hojatoleslam Ali Akbar Hashemi-Rafsanjani, received the most votes in the
Tehran constituency by a significant margin. The December 19 UNGA resolution on the country's human rights expressed
serious concern at "the absence of many conditions necessary for free and
fair elections" including arbitrary disqualification of large numbers of
prospective candidates. On November 14, council spokesperson Abbas Ali Kadkhodai announced only
144 of the 492 prospective candidates were eligible to run in the December
15 Assembly of Experts elections. Reports indicated that 100 candidates
withdrew their applications, and all female candidates failed the written
exam on religious interpretation (ijtihad). The fairness of the June 2005 presidential election was undermined both
before and during the polls. The Council of Guardians initially approved the
candidacies of only six of the 1,014 persons who registered and excluded all
89 female candidates as well as anyone critical of the leadership, including
former cabinet ministers. Many candidates and the Interior Ministry complained of irregularities
during the polling, including interference by basiji forces. There
were no international election observers. After the second round of voting,
the supreme leader denied the allegations of basiji involvement, and
the council validated the results on June 29, 2005. Domestic press said 104
cases of alleged violations were under review and suspects were detained in
26 cases; however, no further action was taken. According to official
statistics, Mahmoud Ahmadinejad won the run-off race with 61 percent of the
votes. Elections that were widely perceived as neither free nor fair were held
for the 290-seat Majles in 2004. The Guardians Council barred over a third
of the more than 8,000 prospective candidates, mostly reformists, including
over 85 sitting Majles members seeking re-election. The constitution allows for the formation of parties. There were more
than 100 registered political organizations, but these groups tended to be
small entities, often focused around an individual and did not have
nationwide membership. Following the June 2005 presidential elections, these
political groupings significantly reorganized, with new groups forming and
existing entities changing leadership. Conservative groups splintered during
the year; moderate conservatives appeared increasingly separated from
fundamentalist conservatives. In the December 15 municipal elections, reform
groups created a single electoral list for the Tehran municipal council
elections. In 2002 the government permanently dissolved the Freedom Movement, the
country's oldest opposition party, and sentenced over 30 of its members to
jail terms ranging from four months to 10 years on charges of trying to
overthrow the Islamic system. Other members were barred from political
activity for up to 10 years and fined (see section 2.b.). Its leader,
Ebrahim Yazdi, was no longer in prison; however, there was no information
regarding the circumstances of other Freedom Movement members. There were no female cabinet ministers, although one of the nine vice
presidents is a woman, and several women held high-level positions.
There were 12 women serving in the Majles during the year, and one woman was
elected to the Majles in the December 15 by-elections.Five Majles seats are
reserved for religious minorities. Other ethnic minorities in the Majles
include Arabs and Kurds. There were no non-Muslims in the cabinet or on the
Supreme Court. Government Corruption and Transparency There was widespread public perception of extensive corruption in all
three branches of government, to include the judiciary, and in the
bonyads (tax-exempt foundations designed for charitable activity that
control consortia of substantial companies). In March Judiciary Chief
Shahrudi criticized economic corruption in the state sector and urged
creation of a central body with representatives from the state and private
sectors to discuss issues of privatization and elimination of corruption;
however, there was no known action on this body by year's end. On August
23, the Majles passed a law requiring all state officials, including cabinet
ministers, and members of the Guardian Council, Expediency Council, and
Assembly of Experts to submit annual financial statements to the state
inspectorate. In March 2005
Judiciary Chief Shahrudi
claimed the judiciary was pursuing "700 to 800" corruption cases related to
state officials. However, he clarified that these offenses were usually the
work of "junior administrators" and high officials should not be prosecuted
for the activities of their subordinates. In October 2005 in responding to
criticism of a government report on corruption that omitted names, Shahrudi
said that those involved with financial crimes would not be publicly
identified until they are found guilty or the appeals process exhausted. In
November 2005 he also reportedly told the Majles that inefficient economic
institutions were at the root of corrupt practices and the duality of the
economy--both state and private ownership--contributed to the problem. There
was no information during the year regarding further action on these
corruption cases. The country has no laws providing for public access to government
information. Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights The government continued to restrict the work of local human rights
groups. The government denies the universality of human rights and has
stated that human rights issues should be viewed in the context of a
country's "culture and beliefs." In 2004 the government granted permission to the Society for the Defense
of the Rights of Prisoners to operate as an independent nonpolitical NGO.
The group worked to protect detainees and promote prison reform, established
a small fund to provide free legal advice to prisoners, and supported the
families of detainees. Founders included former political prisons Emaddedin
Baqi and Mohammad Hassan Alipour. During the year the group maintained a Web
site with information addressing human rights issues and in June published a
report about prisons in the country. There was no indication during the year
that Judiciary Chief Shahrudi responded to their appeal for attention to
cases of political prisoners. Various professional groups representing writers, journalists,
photographers, and others attempted to monitor government restrictions in
their respective fields, as well as harassment and intimidation against
individual members of their professions. However, the government severely
curtailed these groups' ability to meet, organize, and effect change. Domestic NGOs worked in areas such as health and population, women and
development, youth, environmental protection, human rights, and sustainable
development. Some reports estimated that a few thousand local NGOs operated
during the year. However, in late 2005 a more restrictive environment
accompanied the new presidential administration, including pressure on
domestic NGOs not to accept foreign grants. The European Union (EU)established a human rights dialogue with the
country in 2002 but held its last meeting in 2004. In a December 2005 press
release, the EU called the dialogue results disappointing and noted that the
government had not agreed to a meeting during the year. The EU also
expressed deep concern that the human rights situation had not improved and,
in many respects, had worsened. On November 16, the Ministers of the
European Parliament adopted a resolution expressing concern about the
deteriorating human rights situation and calling on the country to restart
the human rights dialogue. International human rights NGOs were not permitted to establish offices
in or conduct regular investigative visits to the country. On an exceptional
basis, in 2004 AI officials visited the country as part of the EU's human
rights dialogue, joining academics and NGOs to discuss the country's
implementation of international human rights standards. The ICRC and the UNHCR both operated in the country. In June the
government allowed the UN Special Rapporteur on Adequate Housing to visit.
The December 19 UNGA resolution on human rights in the country encouraged
the government to receive UNSRs on extrajudicial, summary, or arbitrary
executions; torture; independence of judges and lawyers; freedom of religion
or belief; and freedom of opinion and expression. It also encouraged the
government to receive the Special Representative of the Secretary General on
the situation of human rights defenders and the Working Group on Enforced or
Involuntary Disappearances. The Islamic Human Rights Commission was established in 1995 under the
authority of the head of the judiciary, who sits on its board as an
observer. In 1996 the government established a human rights committee in the
Majles, the Article 90 Commission, which received and considered
complaints regarding violations of constitutional rights; however, when the
seventh Majles formed its new Article 90 Commission in 2004, the commission
dropped all cases pending from the sixth Majles. During the year the
commission took no effective action. Lawyer and Nobel Peace Prize winner, Shirin Ebadi, is a founder of the
Center for the Defense of Human Rights (CDHR), which represents defendants
in political cases. On August 3, the government banned CDHR, claiming it had
not obtained a proper permit, declared its activities were illegal, and
stated that those who continued its activities would be prosecuted. Ebadi
noted that according to the constitution, "nongovernmental organizations
that obey the law and do not disrupt public order do not need a permit." At
year's end CDHR was still reportedly banned. Early in the year, a number of NGOs were left without legal statusafter
they were instructed to file for new permits. Those NGOs that did not file
the request were vulnerable to accusations of operating without a permit,
but those that filed the paperwork had not received a response by year's end.
In either instance they could be accused of operating without a permit. Section 5 Discrimination, Societal Abuses, and Trafficking in Persons In general the government did not discriminate on
the basis of race, disability, or social status; however, it did
discriminate on the basis of religion, gender, and ethnicity. It
consistently denied minorities their constitutional right to use their
language in schools.The poorest areas of the country are those inhabited by
ethnic minorities, including the Baluchis in Sistan va Baluchestan Province
and Arabs in the southwest. Much of the damage suffered by the citizens of
Khuzestan Province during the eight-year war with Iraq has not been
repaired; consequently, the quality of life of the largely Arab local
population was degraded. Kurds, Azeris, and Ahvazi Arabs were not permitted
to exercise their constitutional rights to study their languages.
Women The constitution says all citizens, both men and women, equally enjoy
protection of the law and all human, political, economic, social, and
cultural rights, in conformity with Islamic rights. Article 21 states the
government must ensure the rights of women in all respects, in conformity
with Islamic criteria. Nonetheless, provisions in the Islamic civil and penal codes, in
particular those sections dealing with family and property law, discriminate
against women. Shortly after the 1979 revolution, the government repealed
the 1967 Family Protection Law that provided women with increased rights in
the home and workplace and replaced it with a legal system based largely on
Shari'a practices. In 1998 the Majles passed legislation that mandated
segregation of the sexes in the provision of medical care. In 2003 the
Council of Guardians rejected a bill that would require the country to adopt
a UN convention ending discrimination against women. On March 8, security forces attacked a rally in Tehran commemorating
International Women's Day (see section 2.b.). An estimated 400 demonstrators
gathered, and the police forcibly dispersed the demonstration. Many
demonstrators were reportedly beaten by police, including septuagenarian
writer and activist Simin Behbehani. According to one women's rights
activist, the rally organizers applied for a demonstration permit, but it
was denied minutes before the rally was scheduled to begin. On April 22, government spokesman Hamid Reza Asefi called feminist views
and Western views of women's rights "unrealistic" and "unethical" and stated
the issue was manipulated for international political purposes. On June 12, security forces forcibly dispersed another women's rights
demonstration and arrested approximately 70 to 80 persons, including former
Majles deputy and activist Ali Akbar Mousavi Khoini. Demonstrators called
for gender equality under the law, including equal rights in divorce, child
custody, inheritance, and court testimony. The December 19UNGA resolution on country's human rights expressed
serious concern at "the continuing violence and discrimination against women
and girls in law and in practice." Early in 2005 a UNSR on violence against
women visited the country and, at her final press conference, spoke out
against legal gender bias. The report found the government had taken
significant but insufficient steps to address the problem of violence
against women, and it called on the government to ratify the UN Convention
on the Elimination of All Forms of Discrimination against Women, which was
proposed by parliament in 2003. During recent years women fought for and received relative liberalization
of gender-based treatment in a number of areas. However, many of these
changes were not legally codified. The female members of the seventh Majles
elected in 2004 rejected some previous efforts by their predecessors to
achieve equal rights. For example, in October 2005 the government announced
that female civil servants in the Culture Ministry and female journalists at
the state newspaper and news agency should leave the office by 6 p.m. to be
with their families. However, there was no indication that violators would
be punished. In 2005activists on women's issues expressed concern that the woman
selected by President Ahmadinejad to lead the Center for Women's
Participation, which is affiliated with the office of the president, did not
have a background in women's issues. In addition the government changed the
name of the organization to the Center for Women and Family, raising concern
that the organization sought to reorient debate on women's problems to focus
only on those related to the home, concerns that proved accurate. During the
year this office published reports on feminism with a negative slant. In one
article it drew comparisons between feminism and prostitution. Although spousal abuse and violence against women occurred, reliable
statistics were not available. Abuse in the family was considered a private
matter and seldom discussed publicly, although there were some efforts to
change this attitude. Rape is illegal and subject to strict penalties, but
it remained a widespread problem. According to the government's 2005report
on the rights of the child, the Center for Women's Participation and the UN
Children's Fund (UNICEF) organized the first educational workshop on women's
and girls' human rights in January 2005. Freedom from violence was one of
the workshop's topics. The report also stated that in 2004 the Center for
Women's Participation established a national committee, based in the Health
Ministry, to combat violence against women; however, during the year
there was no information on committee activity since its formation. According to a 2004 report on the country from the Independent
Researchers on Women's Issues, there were no reliable statistics on honor
killings, but there was evidence of "rampant" honor killings in the western
and southwestern provinces, in particular Khuzestan and Elam. The punishment
for perpetrators was often a short prison sentence. Prostitution is illegal, but sigheh, or temporary marriage, is
legal. Accurate information regarding the extent of prostitution was not
widely available, although the issue received greater attention than in
previous years. Press reports described prostitution as a widespread
problem, with a mediaestimate of 300,000 women working as prostitutes. The
problem appeared aggravated by difficult economic conditions and rising
numbers of drug users and runaway children. The law requires court approval for the marriage of girls younger than 13 and boys younger than 15. Although a male can marry at age 15 without parental consent, the 1991 civil law states that a virgin female needs the consent of her father or grandfather to wed, or the court's permission, even if she is older than 18. The country's Islamic law permits a man to have up to four wives and an unlimited number of temporary partnerships (sigheh), based on a Shi'a custom in which a woman may become the wife of a Muslim male after a simple religious ceremony and a civil contract outlining the union's conditions. Temporary marriages may last for any length of time and are used sometimes by prostitutes. Such wives are not granted rights associated with traditional marriage. Women have the right to divorce if their husband signed a contract granting that right or if he cannot provide for his family, is a drug addict, insane, or impotent. However, a husband is not required to cite a reason for divorcing his wife. A widely used model marriage contract limits privileges accorded to men by custom, and traditional interpretations of Islamic law recognize a divorced woman's right to a share in the property that couples acquire during their marriage and to increased alimony. In 2002 the law was revised to make adjudication of cases in which women demand divorces less arbitrary and costly. Women who remarry are forced to give the child's father custody of children from earlier marriages. However, the law granted custody of minor children to the mother in certain divorce cases in which the father was proven unfit to care for the child. In 2003 the government amended the existing child custody law to give a mother preference in custody for children up to seven years of age (previously she only had preference for sons up to age two); thereafter, the father had custody. After the age of seven, in disputed cases custody of the child was to be determined by the court. The penal code includes provisions for stoning persons convicted of
adultery, although judges were instructed in 2002 to cease imposing such
sentences. In addition a man could escape punishment for killing a wife
caught in the act of adultery if he was certain she was a consenting
partner; the same rule does not apply for women. Women may also receive
disproportionate punishment for crimes, including death sentences (see
section 1.a.). In August the government reportedly authorized judges to
resume the sentence of stoning (see section 1.c.). In October human rights
groups and activists called on the government to end the practice. Activists
reportedly published a list of 11 persons who had been sentenced to stoning
during the year and noted reports that two persons were stoned in May.
Government officials continued to deny that stoning sentences were imposed
or implemented. The testimony of two women equates with that of one man. The blood money
paid to the family of a female crime victim is half the sum paid for a man.
A married woman must obtain the written consent of her husband before
traveling outside the country (see section 2.d.). Women had access to primary and advanced education. Reportedly over 60
percent of university students were women; however, social and legal
constraints limited their professional opportunities. Women were represented
in many fields of the work force, including the legislature and municipal
councils, police, and firefighters. However, their unemployment rate
reportedly was significantly higher than for men, and they represented only
11 percent of the workforce. Women reportedly occupied 1.2 percent of higher
management positions and 5.2 percent of managerial positions. Women cannot serve as president or as certain types of judges (women can
be consultant and research judges without the power to impose sentences).
Eighty-nine women registered to run for president in 2005, but all were
rejected by the Council of Guardians. This year women's rights activists
made an effort to allow women to run for the Assembly of Experts. The
constitution requires that Assembly of Experts candidates have a certain
religious qualification. Citing this requirement, some religious leaders
gave qualified support for the candidacy of women in the Assembly of Experts
elections. Two women took the religious qualification exam, but neither
passed. Women can own property and businesses in their name, and they can obtain
credit at a bank. The law provides maternity, child care, and pension
benefits. The number of women's NGOs has increased from approximately 130 to
450 in the past nine years. The government enforced gender segregation in most public spaces and
prohibited women from mixing openly with unmarried men or men not related to
them. Women must ride in a reserved section on public buses and enter public
buildings, universities, and airports through separate entrances. The penal code provides that if a woman appears in public without the
appropriate Islamic covering (hejab), she can be sentenced to
lashings and/or fined. However, absent a clear legal definition of
appropriate hejab or the punishment, women were at the mercy of the
disciplinary forces or the judge (see section 1.c.). Pictures of uncovered
or immodestly dressed women in the press or in films were often digitally
altered. Children There was little current information available to assess government
efforts to promote the welfare of children. Except in isolated areas of the
country, children had free education through the 12th grade (compulsory to
age 11) and to some form of health care. Health care generally was regarded
as affordable and comprehensive with competent physicians. Courts issued
death sentences for crimes committed by minors (see section 1.c.). In January 2005 the government delivered a presentation to the Committee
on the Rights of the Child in compliance with its obligation as party to the
Convention on the Rights of the Child. The government noted overall
improvement in the situation of children, particularly in education and
health. The Education Ministry reportedly paid particular attention to
elevating the educational status of girls. It also noted the government's
efforts to shelter refugees, many of whom were children. According to the
report, 195,000 Afghan and Iraqi refugee children were in school, and UNHCR
paid only 10 percent of the education costs. In June the government reduced
the school fees charged for Afghan students, according to a Western NGO. At the same time, the report delivered to the Committee on the Rights of
the Child acknowledged the need for other legislative protection and better
enforcement of existing rules. The UN committee noted positively the
provision of free education for all citizens up to secondary school.
However, it expressed concern about persistent discrimination against girls
and recommended the government review all legislation to ensure it was
nondiscriminatory. Among its recommendations, the committee urged the
government ensure all children were registered at birth and acquired
permanent nationality without discrimination. In July 2005 UNICEF held a workshop in Tehran to explore alternatives to
imprisoning youths, according to UN Integrated Regional Information Networks
(IRIN) (see section 1.c.). Only a few cities had a youth prison, and minors
were sometimes held with adult violent offenders (see section 1.c.).
According to IRIN there were 300 boys and 40 girls at the Tehran youth
prison, with the average age of 14, but some were as young as age
six.Children whose parents could not afford court fees were reportedly
imprisoned for petty offenses including shoplifting, wearing make-up, or
mixing with the opposite sex. There was little information available to reflect how the government
dealt with child abuse, including child labor (see sections 6.c. and 6.d.).
Abuse was largely regarded as a private, family matter. According to IRIN
child sexual abuse was rarely reported. Nonetheless, according to the
government's January 2005 report on the rights of the child, the Health
Ministry developed over the past few years an action plan with UNICEF to
fight child abuse, including training Health Ministry officials on the
rights of the child. According to UNICEF it operated a hot line for children
and their families in the city of Bam, which was akin to similar services
that operated in other major cities. The services sometimes referred callers
to a Ministry of Education counseling program.The government also set up hot
lines for children in foster care to report abuse. The July 2005 UNICEF
conference in Tehran also addressed problems relating to child sexual abuse,
including identifying, investigating, and protecting victims. According to some reports, it is not unusual in rural areas for parents
to have their children marry before they become teenagers, often for
economic reasons. In 2002 the Majles sought marriage age limits of 15 for
girls and 18 for boys without court approval, but the Council of Guardians
objected, and the age was set at 13 for girls and 15 for boys. In the
government's January 2005 report to the Committee on the Rights of the
Child, it noted that early and forced marriages should be stopped. There are reportedly significant numbers of children, particularly Afghan
but also Iranian, working as street vendors in Tehran and other cities and
not attending school. In January 2005 government representatives told the UN
Committee on the Rights of the Child that there were fewer than 60,000
street children in the country. Tehran has reportedly opened several
shelters for street children. The government's January 2005 report on the
rights of the child claimed 7,000 street children had been resettled. Trafficking in Persons According to foreign observers, women and girls are trafficked from the
country to Pakistan, Turkey, and Europe for sexual exploitation. Boys from
Bangladesh, Pakistan, and Afghanistan were trafficked through the country to
Gulf States. Afghan women and girls were trafficked to the country for
sexual exploitation and forced marriages. Internal trafficking for sexual
exploitation and forced labor also occurred. The government did not fully
comply with the minimum standards for the elimination of trafficking, nor
has it made significant efforts to do so. The government arrested and
punished several trafficking victims on charges of prostitution or adultery.
In 2004 the government conducted a study on trafficking of women, passed a
law against human trafficking, and signed separate Memoranda of
Understanding (MOU) with Afghanistan, Turkey, the International Organization
for Migration, and the International Labor Organization (ILO). In December
2005 Iran, Pakistan, Greece, and Turkey formed a joint working group to
fight human trafficking, according to Pakistani press reports. Domestic
media reported that some trafficking networks were disrupted during the
year. Persons with Disabilities In 2004 the Majles passed a Comprehensive Law on the Rights of the
Disabled; however, it was not known whether there was any implementing
legislation. There was no information available regarding whether the
government legislated or otherwise mandated accessibility for persons with
disabilities or whether discrimination against persons with disabilities was
prohibited; nor was any information available on which government agencies
were responsible for protecting the rights of persons with disabilities. The
government's January 2005 report on the rights of the child outlined health
and education programs for children with disabilities. National/Racial/Ethnic Minorities The constitution grants equal rights to all ethnic minorities and allows
for minority languages to be used in the media and schools. In practice,
however, minority groups have not always been permitted to use their
respective languages in schools. Few minority groups called for separatism.
Instead, they complained of political and economic discrimination.
Presidential candidates, with the exception of the winning candidate, talked
more about problems facing minority groups in the 2005 presidential
elections than in the past. Conservative candidate Ali Larijani, who later
became the secretary of the Supreme Council for National Security and chief
nuclear negotiator during the year, said all ethnic groups were important.
In June the UNSR for Adequate Housing reported rural properties,
particularly those belonging to minorities, were expropriated for government
use without fair compensation to the owners. In August 2005 the UNSR said
that ethnic and religious minorities, nomadic groups, and women faced
discrimination in housing and land rights, compounded by rising cost of
housing. The Ahvazi representative in the previous Majles wrote a letter to
then-president Khatami, complaining that Arab land was being bought at very
low prices or even confiscated. He also said Arab political parties were not
allowed to compete in elections, and Arabic newspapers and magazines were
banned. The December 19 UNGA resolution on the country's human rights expressed
serious concern about continuing discrimination toward persons belonging to
ethnic and religious minorities, including violent repression of Arabs,
Azeris, Baha'is, Kurds, and Sufis. There was societal violence in northwest,
southwest, and southeast regions of the country, populated by various ethnic
groups. Interior Minister Mustafa Purmohammadi ranked ethnic divisions as
one of the biggest problems his ministry had to address. The government
blamed foreign entities, including a number of Western countries, for
instigating some of the ethnic unrest. Other groups claimed the government
staged the bombs in Khuzestan during 2005 and early in the year as a pretext
for repression. In March Kurds clashed with police, reportedly resulting in three deaths
and over 250 arrests. There were also clashes in June 2005, and there were
strikes and demonstrations in July and August 2005, following the killing of
a Kurdish activist by security forces. According to HRW and other sources,
security forces killed at least 17 persons and wounded and arrested large
numbers of others. In 2005 the Majles' national security and foreign policy committee
studied the unrest in Kurdistan, and its rapporteur told domestic media that
one factor was the comparatively high level of economic development in Iraqi
and Turkish Kurdish areas. The representative from Sanandaj, Kurdistan also
cited the lack of Sunni cabinet members as a grievance. However, the results
of a government inquiry were not made public. Foreign representatives of the Ahvazi Arabs of Khuzestan, whose numbers
are estimated to be from two to four million, claimed their community in the
southwest section of the country suffered from persecution and
discrimination, including the lack of freedom to study and speak Arabic.
Early in the year, there were several bombings in Khuzestan (see section
1.a.). The government blamed the violence on outside forces and foreign
governments, although the revolutionary court later announced death
sentences for at least 11 ethnic Arabs in connection with the bombings.
After the first bombing in January, the Ahvazi Arab Revival Party, an
irredentist group, criticized the government for blaming its problems on
foreign governments and warned that there would be more violence if the
government did not change its policies regarding ethnic Arabs. Provincial authorities sentenced 19 Ahvazi Arabs to death in connection
with the October 2005 and January and February bombings. Human rights groups
have accused the government of torturing prisoners to extract confessions
and unfair trial practices; they called on the government to retry at least
10 of the accused bombers. Ahvazi and human rights groups allege torture and ill-treatment of Ahvazi
Arab activists, including detention of the spouses and young children of
activists. In April 2005 protests in Ahvazi followed the publication of a
letter--termed a forgery by the government--allegedly written in 1999 by an
advisor to then-president Khatami, referring to government policies to
reduce the percentage of ethnic Arabs in Khuzestan (see section 1.a.).
According to HRW after security forces attempted to break up the
demonstrations and opened fire, the clashes turned violent and spread to
other towns. The government restricted press coverage of the events (see
section 2.a.). The Ahvazi Human Rights Organization wrote a letter to the UN in November
2005, claiming arbitrary arrests and executions of Ahvazi Arabs, including a
lynching by security forces and extrajudicial killings in Karoon prison. The
group claimed that in November 2005 three thousand Ahvazis staged a peaceful
demonstration; however, security forces responded with tear gas grenades,
and two Arab youths drowned as a result. The group also claimed the
government made mass arrests during a performance of a Ramadan play. Two
persons arrested reportedly were sentenced to death. In August 2005 the UNSR for Adequate Housing reported 200,000 to 250,000
Arabs were being displaced from their villages because of large development
projects in Khuzestan. Land compensation was inadequate--sometimes
one-fortieth of market value. Arabs also suffered from importation of labor
from other regions, despite high local unemployment. Azeris composed approximately one-quarter of the country's population and
were well integrated into the government and society, including the supreme
leader and the head of the IRGC. However, Azeris complained of ethnic and
linguistic discrimination, including banning the Azeri language in schools,
harassing Azeri activists or organizers, and changing Azeri geographic
names. The government traditionally viewed Azeri nationalism as threatening,
particularly since the dissolution of the Soviet Union and the creation of
an independent Azerbaijan. Azeri groups also claimed that there were a
number of Azeri political prisoners jailed for advocating cultural and
language rights for Iranian Azerbaijanis. The government has charged several
of them with "revolting against the Islamic state." In May there were large-scale riots in the Azeri majority regions of the
Northwest following publication of a newspaper cartoon considered insulting
to Azeris (see section 2.a). The cartoon depicted a cockroach speaking in
the Azeri language. Police forcibly contained the protests, and police
officials reported that four persons were killed and several protesters were
detained (see section 1.a). Authorities blamed foreign governments for
inciting unrest. The chief of the national police said
security in southeastern Sistan va Baluchestan Province was more problematic
than elsewhere in the country. In March a government convoy was attacked in
the province, and 21 government officials were killed. The province has had
high levels of ethnic unrest. In July 2005 an armed Sunni group claimed to
have beheaded a government security agent, presumably in the province;
however, the report remained unconfirmed. Other Societal Abuses and Discrimination In 2004 the judiciary formed the Special Protection Division, a new unit
that allowed volunteers to police moral crimes. The law prohibits and punishes homosexuality; sodomy between consenting
adults is a capital crime. The punishment of a non-Muslim homosexual is
harsher if the homosexual's partner is Muslim. In July 2005 two teenage
boys, one 16 and one 18 years of age, were publicly executed; they were
charged with raping a 13-year-old boy. A number of groups outside the
country alleged the two were executed for homosexuality; however, because of
the lack of transparency in the court system, there was no concrete
information. In November 2005 domestic conservative press reported that two
men in their twenties were hanged in public for lavat (defined as
sexual acts between men). The article also said they had a criminal past,
including kidnapping and rape. It was not possible to judge whether these
men were executed for homosexuality or other crimes. According to Health Ministry statistics announced in October, there were
over 13,000 registered HIV-positive persons in the country, but unofficial
estimates were much higher; most were men. Transmission was primarily
through shared needles by drug users, and a study showed shared injection
inside prison to be a particular risk factor. There was a free anonymous
testing clinic in Tehran, government-sponsored low-cost or free methadone
treatment, including in prisons. The government also started distributing
clean needles in some prisons. The government supported programs for AIDS
awareness and did not interfere with private HIV-related NGOs.
Contraceptives, including free condoms, were available at health centers as
well in pharmacies. Nevertheless, persons infected with HIV faced
discrimination in schools and workplaces. Section 6 Worker Rights a. The Right of Association The law provides workers the right to establish unions; however, the
government did not permit independent unions. A national organization known
as Workers' House was the sole authorized national labor organization. It
served primarily as a conduit for government control over workers. The
leadership of Workers' House coordinated activities with Islamic labor
councils, which consisted of representatives of the workers and a
representative of management in industrial, agricultural, and service
organizations of more than 35 employees. These councils also functioned as
instruments of government control and frequently blocked layoffs and
dismissals. The law allows employers and employees to establish guilds. The guilds
issued vocational licenses and helped members find jobs. Instances of late
or partial pay for government workers reportedly were common. In 2005workers appointed a committee to lobby for the right to form labor
associations. The committee issued a statement signed by 5,000 workers that
it did not recognize agreements signed between the government and the ILO
because workers had no independent representation at discussions. Workers
criticized official unions for being too close to the government. b. The Right to Organize and Bargain Collectively The country's ILO membership requires respect for the right of freedom of
association. However, workers did not have the right to organize
independently and negotiate collective bargaining agreements. The ITUC noted
the labor code was amended in 2003 to permit workers to form and join "trade
unions" without prior permission if registration regulations are observed.
The Labor Ministry must register the organization within 30 days. Workshops of 10 employees or less are exempt from labor legislation.
According to the ITUC, over 400,000 of the country's 450,000
workshops were exempt circa 2003. The law prohibits public sector strikes, and the government did not
tolerate any strike deemed contrary to its economic and labor policies;
however, strikes occurred. There are no mechanisms to protect worker rights
in the public sector, such as mediation or arbitration. In May members of the Syndicate of Bus Drivers of the Tehran and Suburbs
Bus Company (Sherkat-e-Vahed) wrote a letter to President Ahmadinejad,
asking him to respect their constitutional rights. In July ITUC and the
International Federation of Transport Workers (ITF) lodged a joint complaint
to the ILO calling for Osanloo's release. On August 9, Osanloo, head of
Sherkat-e-Vahed arrested in December 2005 during a protest strike, was
released on bail. He was re-arrested on November 19 and again released on
December 19 (see section 2.b.). In a May 2005 letter, ITUC protested an attack that month on a meeting at
the Bakery Workers' Association related to founding a union at the Tehran
Vahed Bus Company. Reportedly 300 members of Hizballah and the Islamic Labor
Councils attacked the site. The ITUC also protested the detention in August 2005 of Borhan Divargar,
a member of the Saqqez Bakery Workers' Union, and claimed he had been
beaten. In November 2005 he was reportedly sentenced to two years in prison.
The case was overturned on appeal, but the government brought new charges of
"attempting to hold an illegal gathering for the purposes of committing a
crime." A November report indicated he was sentenced to two years'
imprisonment. At year's end there was no further update in this case. In November 2005 president of the Saqqez Bakery Workers' Union Mahmoud Salehi was reportedly sentenced to five years in prison and three years of exile. Salehi was also charged with contacting an ITUC delegation that visited the country in 2004. In May the sentences of Salehi and fellow arrested labor activist Jalal Hosseini were appealed and overturned by the Kurdistan Province Court of Appeal. The Saqqez Revolutionary Court then brought new charges against Salehi and Hosseini for committing crimes against the country's internal security. On October 16 and 18, respectively, Salehi and Hosseini faced closed trials in Branch One of the Saqqez Revolutionary Court. A November report indicated that Salehi was sentenced to four years' imprisonment and Hosseini to two years' imprisonment. According to the ITUC, labor legislation did not apply in Export
Processing Zones. c. Prohibition of Forced or Compulsory Labor The law permits the government to require any person not working to take
suitable employment; however, this requirement did not appear to be enforced
regularly. The law prohibits forced and bonded labor by children; however,
this law was not enforced adequately, and such labor by children was a
serious problem (see section 5). d. Prohibition of Child Labor and Minimum Age for Employment The law prohibits forced and bonded labor by children; however, there
appeared to be a serious problem with child labor (see section 5). The law
prohibits employment of minors less than 15 years of age and places
restrictions on the employment of minors under age 18; however, the
government did not adequately enforce laws pertaining to child labor. The
law permits children to work in agriculture, domestic service, and some
small businesses but prohibits employment of women and minors in hard labor
or night work. There was no information regarding enforcement of these
regulations. e. Acceptable Conditions of Work The law empowers the Supreme Labor Council to establish annual minimum
wage levels for each industrial sector and region. During the year President
Ahmadinejad increased the minimum wage levels, but workers continued to
claim that it was too low. There was no information regarding mechanisms to
set wages, and it was not known if minimum wages were enforced. The law
stipulates that the minimum wage should meet the living expenses of a family
and should take inflation into account. However, many middle-class citizens
had to work two or three jobs to support their families. The law establishes a maximum six-day, 48-hour workweek, with a weekly
rest day, normally Fridays, and at least 12 days of paid annual leave and
several paid public holidays. According to the law, a safety council, chaired by the Labor Minister or
his representative, should protect workplace safety and health. Labor
organizations outside the country have alleged that hazardous work
environments were common in the country and resulted in thousands of worker
deaths annually. The quality of safety regulation enforcement was unknown,
and it was unknown whether workers could remove themselves from hazardous
situations without risking the loss of employment. There was anecdotal evidence suggesting some government employees and students voted in the 2005 presidential election to obtain the stamp proving they had voted. Without this stamp, they feared they would have employment or enrollment problems. _________________________
|