Report on Human Rights Practices for 2000
Iran*
The Islamic Republic of Iran* was established in 1979 after a populist
revolution toppled the Pahlavi monarchy. The Constitution ratified
after the revolution by popular referendum established a theocratic
republic and declared as its purpose the establishment of institutions
and a society based on Islamic principles and norms. The Government
is dominated by Shi'a Muslim clergy. The Head of State, Ayatollah
Ali Khamenei, is the Supreme Leader of the Islamic Revolution and has
direct control of the armed forces, internal security forces, and the
judiciary. Mohammad Khatami was elected to a 4-year term as President
in a popular vote in February 1997. A popularly elected 290-seat
unicameral Islamic Consultative Assembly, or Majles, develops and passes
legislation. All legislation passed by the Majles is reviewed
for adherence to Islamic and constitutional principles by a Council
of Guardians, which consists of six clerical members, who are appointed
by the Supreme Leader, and six lay jurists, who are appointed by the
head of the judiciary and approved by the Majles. The Constitution
provides the Council of Guardians with the power to screen and disqualify
candidates for elective offices based on an ill-defined set of requirements,
including the candidates' ideological beliefs. The judiciary is
subject to government and religious influence.
Several agencies share responsibility for internal
security, including the Ministry of Intelligence and Security, the Ministry
of Interior, and the Revolutionary Guards, a military force that was
established after the revolution. Paramilitary volunteer forces known
as Basijis, and gangs of thugs, known as the Ansar-e Hezbollah (Helpers of
the Party of God), who often are aligned with specific members of the
leadership, act as vigilantes, and are released into the streets to
intimidate and threaten physically demonstrators, journalists, and
individuals suspected of counterrevolutionary activities. Both
regular and paramilitary security forces committed numerous, serious human
rights abuses.
Iran has a mixed economy that is heavily dependent on
export earnings from the country's extensive petroleum reserves. The
Constitution mandates that all large-scale industry, including petroleum,
minerals, banking, foreign exchange, insurance, power generation,
communications, aviation, and road and rail transport, be owned publicly
and administered by the state. Large charitable foundations called
bonyads, most with strong connections to the Government, control the
extensive properties and businesses expropriated from the Pahlavi family
and individuals associated with the monarchy. The bonyads exercise
considerable influence in the economy, but do not account publicly for
revenue and pay no taxes. Basic foodstuffs and energy costs are
subsidized heavily by the Government. Oil exports account for nearly
80 percent of foreign exchange earnings. Private property is
respected. Although economic performance improved somewhat during the
year due to the worldwide increase in oil prices, performance is affected
adversely by government mismanagement and corruption. Unemployment
was estimated to be at least 25 percent, and inflation was an estimated 25
percent.
The Government's human rights record remained poor;
although efforts within society to make the Government accountable for its
human rights policies continued, serious problems remain. The
Government restricts citizens' right to change their government.
Systematic abuses include extrajudicial killings and summary executions;
disappearances; widespread use of torture and other degrading treatment,
reportedly including rape; harsh prison conditions; arbitrary arrest and
detention; and prolonged and incommunicado detention. Judicial
proceedings were instituted against some government officials for
misconduct. However, perpetrators often committed such abuses with
impunity. A group of 20 police officials was brought to trial in
March for their actions in an attack on a Tehran University student
dormitory in July 1999. All but two were cleared, including the
senior official involved. In December 18 former officials of the
Intelligence Ministry were tried before a military court for the killings
of four dissidents in 1998. The proceedings were closed and the
results of the trial were not made public by year's end.
The judiciary suffers from government and religious
influence, and does not ensure that citizens receive due process or fair
trials. The Government uses the judiciary to stifle dissent and
obstruct progress on human rights. The Government infringes on
citizens' privacy rights, and restricts freedom of speech, press, assembly,
and association. The Government closed nearly all reform-oriented
publications during the year and brought charges against prominent
political figures and members of the clergy for expressing ideas viewed as
contrary to the ruling orthodoxy. However, the Ministry of Culture
and Islamic Guidance continued to issue licenses for the establishment of
newspapers and magazines, some of which challenged government policies.
The Government restricts freedom of religion. Religious minorities,
particularly Baha'is, continued to suffer repression by conservative
elements of the judiciary and security establishment. In July 10
Iranian Jews were tried and convicted on charges of illegal contacts with
Israel, and sentenced to between 2 and 13 years in prison. Three
others were acquitted. The trial procedures were unfair, and violated
numerous internationally recognized standards of due process. The
selection of candidates for elections effectively is controlled by the
Government. Intense political struggle continued during the year
between a broad popular movement that favored greater liberalization in
government policies, particularly in the area of human rights, and certain
hard-line elements in the government and society, which view such reforms
as a threat to the survival of the Islamic republic. In many cases,
this struggle is played out within the Government itself, with reformists
and hardliners squaring off in divisive internal debates. Reformers
and moderates won a landslide victory in the February Majles election, and
now constitute a majority of that body; however, the Council of Guardians
and other elements within the Government blocked much of the early reform
legislation passed by the Majles.
The Government restricts the work of human rights groups
and continues to deny entry to the country to the U.N. Special
Representative for Human Rights in Iran. Violence against women
occurs, and women face legal and societal discrimination. The
Government discriminates against religious and ethnic minorities and
restricts important workers' rights, including freedom of association and
the right to organize and bargain collectively. Child labor persists.
Vigilante groups, with strong ties to certain members of the Government,
enforce their interpretation of appropriate social behavior through
intimidation and violence.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person,
Including Freedom From:
a. Political and Other Extrajudicial Killing
The Government has been responsible for numerous
extrajudicial killings. Human rights groups reported that security
forces killed at least 20 persons while violently suppressing
demonstrations by Kurds that occurred in the wake of the February 1999
arrest of Kurdish Workers Party (PKK) leader Abdullah Ocalan in Turkey (see
Sections 1.c., 2.b., and 5). Human Rights Watch reported at least
four student deaths in July 1999, when government-sanctioned agitators
attacked a student dormitory during protests in Tehran (see Sections 1.c.
and 2.b.).
Citizens continued to be tried and sentenced to death in
the absence of sufficient procedural safeguards. In 1992 the domestic
press stopped reporting most executions; however, executions continue in
substantial numbers, according to U.N. and other reporting. The U.N.
Special Representative cited an estimated 130 executions from January
through July, most of which were reported in the media. The
Government has not cooperated in providing the Special Representative with
a precise number of executions carried out in Iran. Exiles and human
rights monitors allege that many of those executed for criminal offenses,
such as narcotics trafficking, actually are political dissidents.
Supporters of outlawed political organizations, such as the Mujahedin-e
Khalq organization, are believed to make up a large number of those
executed each year. A November 1995 law criminalized dissent and
applied the death penalty to offenses such as "attempts against the
security of the State, outrage against high-ranking Iranian officials, and
insults against the memory of Imam Khomeini and against the Supreme Leader
of the Islamic Republic." U.N. representatives, including the
U.N. Special Representative on Human Rights in Iran, and independent human
rights organizations, continue to note the absence of procedural safeguards
in criminal trials. Harsh punishments are carried out, including
stoning and flogging (see Section 1.c.). However, cases of stoning
apparently are declining, and the U.N. Special Representative reports no
cases over the past year in which such a sentence was carried out.
The law also allows for the relatives of murder victims to take part in the
execution of the killer.
The Government's investigation into the murder of
several prominent Iranian dissidents and intellectuals in late 1998
continued throughout the year. The case involved the murders, over a
2-month period from October to December 1998, of prominent political
activists Darioush and Parvaneh Forouhar and writers Mohammad Mokhtari and
Mohammad Pouandeh. Political activist Pirouz Davani disappeared in
the same time period and never has been found (see Section 1.b.). In
February after several senior figures of the leadership blamed the
disappearances and murders on "foreign hands," it was revealed
that active-duty agents of the Ministry of Intelligence had carried out the
killings. Minister of Intelligence Qorban Ali Dori-Najafabadi and
several of his senior deputies resigned their posts following these
revelations.
Supervision for the case was placed in the hands of the
Military Prosecutor's office. In June 1999, the Prosecutor's Office
released an initial report on the investigation, identifying a cell within
the Ministry of Intelligence led by four "main agents" as
responsible for the murders. The leader among the agents reportedly
was a former Deputy Minister of Intelligence, Saeed Emami, who, the
Government stated, had committed suicide in prison by drinking a toxic hair
removal solution several days prior to release of the Government's June
report. The report also indicated that 23 persons had been arrested
in connection with the murders and that a further 33 were summoned for
interrogation. In the early part of the year, the Government
announced that 18 men would stand trial in connection with the killings.
The trial began in late December in a military court. The proceedings
were closed. However, news reports indicated that 15 defendants pled
guilty during the opening stages of the trial. The identity of the
defendants is still unknown, but former Minister of Intelligence
Dori-Najafabadi has not been charged. Results of the trial had not
been announced by year's end (see Section 1.e.).
Frustration over the slow pace of the murder
investigation and doubt about the government's willingness to follow the
case to its conclusion were frequent topics of criticism of the Government
throughout the year, particularly by those advocating greater adherence to
the rule of law. Reform-oriented journalists and prominent cultural
figures declared publicly their demands for a full accounting in the case
and speculated that responsibility for ordering the murders lay at the
highest level of the Government. Several citizens, including
prominent investigative journalist Akbar Ganji, were arrested in connection
with statements they have made about the case (see Sections 1.c. and 1.e.).
In December, just before Ganji's case went to trial, the Military Court
arrested a lawyer for the family of one of the victims for violating a
public ban on comments regarding the case.
One organization in 1999 reported eight deaths of
evangelical Christians at the hands of the authorities in the past 10 years
(see Section 2.c.). In 1999 an investigative reporter alleged that
officials within the Intelligence Ministry were responsible for the murders
of three prominent evangelical ministers in 1994, a crime for which three
female members of the Mujahedin-e Khalq organization had been convicted
(see Section 2.c.).
Numerous Sunni clerics have been murdered in recent
years, some allegedly by government agents (see Section 2.c.).
The Government announced in September 1998 that it would
take no action to threaten the life of British author Salman Rushdie, or
anyone associated with his work, "The Satanic Verses," despite
the issuance of a fatwa against Rushdie's life in 1989. The
announcement came during discussions with the United Kingdom regarding the
restoration of full diplomatic relations. Several revolutionary
foundations and a number of Majles deputies within Iran repudiated the
Government's pledge and emphasized the "irrevocability" of the
fatwa, or religious ruling, by Ayatollah Khomeini in 1989, calling for
Rushdie's murder. The 15 Khordad Foundation raised the bounty it
earlier had established for the murder of Rushdie.
The Istanbul Court of Appeal upheld in 1998 the
conviction of an Iranian national for complicity in the 1996 murders of
Zahra Rajabi and Ali Moradi, both of whom were associated with the National
Council of Resistance (NCR), an exile group that has claimed responsibility
for several terrorist attacks within Iran. The U.N. Special
Representative reported in 1998 that Italian security authorities continued
their investigation into the 1993 killing in Rome of Mohammad Hossein
Naghdi, the NCR's representative in Italy.
b. Disappearance
No reliable information is available on the number of
disappearances. In the period immediately following arrest, many
detainees are held incommunicado and denied access to lawyers and family
members.
Pirouz Davani, a political activist who disappeared in
late 1998 along with several other prominent intellectuals and dissidents
who later were found murdered, remains unaccounted for and is believed to
have been killed for his political beliefs and activism (see Section 1.a.).
A Christian group reported that between 15 and 23
Iranian Christians disappeared between November 1997 and November 1998 (see
Section 2.c.). Those who disappeared reportedly were Muslim converts
to Christianity whose baptisms had been discovered by the authorities.
The group that reported the figure believes that most or all of those who
disappeared were killed.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution forbids the use of torture; however,
there are numerous, credible reports that security forces and prison
personnel continue to torture detainees and prisoners. Some prison
facilities, including Tehran's Evin prison, are notorious for the cruel and
prolonged acts of torture inflicted upon political opponents of the
Government. Common methods include suspension for long periods in
contorted positions, burning with cigarettes, sleep deprivation, and, most
frequently, severe and repeated beatings with cables or other instruments
on the back and on the soles of the feet. Prisoners also have
reported beatings about the ears, inducing partial or complete deafness,
and punching in the eyes, leading to partial or complete blindness.
Stoning and flogging are prescribed expressly by the Islamic Penal Code as
appropriate punishment for adultery (see Section 1.a.).
In November investigative journalist Akbar Ganji went on
trial for statements he allegedly made during an April conference in Berlin
on Iranian politics (see Sections 2.a. and 1.e.). He was arrested in
April upon his return to Iran and held over the next 6 months for long
periods in solitary confinement. Ganji told the court that he was
beaten and tortured in prison. Ganji previously had written articles
implicating former President Rafsanjani in a series of murders of
dissidents and intellectuals apparently carried out by security forces.
In March a gunman shot and severely wounded newspaper
editor Saeed Hajarian, a senior political advisor to President Khatami.
The methods used raised widespread suspicions that the security forces were
involved in the attack. The gunman later was arrested and sentenced
along with four other defendants to 15-year prison sentences.
On July 8, 1999, the Government and individuals acting
with the consent of the authorities, used excessive force in attacking a
dormitory during student protests in Tehran, including reportedly throwing
students from windows. Approximately 300 students were injured in the
incident. The U.N. Special Representative has noted numerous credible
reports that students arrested following the demonstration were tortured in
prison (see Sections 1.a., 1.d., and 2.b.).
In May 1999, Brigadier General Gholam-reza Naqdi, a
senior Tehran police official, and several associates, who were accused of
using torture to coerce confessions during the 1998 trial of former mayor
of Tehran Gholam Hossein Kharbaschi, went on trial. It reportedly was
the first prosecution of a government official for torture since the 1979
revolution. The charges were based on the accusations of numerous
Tehran municipality officials and district mayors that authorities had used
torture to coerce admissions of guilt and statements that implicated the
former mayor. The trial of Naqdi was conducted in closed session
before a military court. Naqdi was cleared of most charges and
resumed his duties with the Tehran police force.
In August 1999, President Khatami was quoted in public
remarks as criticizing the use of torture. He defended the rights of
prisoners as a legitimate concern based on "Islam and human
conscience."
Prison conditions are harsh. Some prisoners are
held in solitary confinement or denied adequate food or medical care in
order to force confessions. Female prisoners reportedly have been
raped or otherwise tortured while in detention. Prison guards
reportedly intimidate family members of detainees and torture detainees in
the presence of family members. The U.N. Special Representative
reported receiving numerous reports of prisoner overcrowding and unrest.
He cited a reported figure of only 8.2 square feet (2.5 square) of space
available for each prisoner.
The Government does not permit visits to imprisoned
dissidents by human rights monitors.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and
detention; however, these practices remain common. There is
reportedly no legal time limit for incommunicado detention, nor any
judicial means to determine the legality of detention. Suspects may
be held for questioning in jails or in local Revolutionary Guard offices.
Although reliable statistics are not available, international observers
believe that between scores and hundreds of citizens are detained for their
political beliefs.
The security forces often do not inform family members
of a prisoner's welfare and location. Prisoners also may be denied
visits by family members and legal counsel. In addition, families of
executed prisoners do not always receive notification of the prisoners'
deaths. Those who do receive such information reportedly have been
forced on occasion to pay the Government to retrieve the body of their
relative.
Mohammed Chehrangi, an advocate for the cultural rights
of Azeris, was arrested in December 1999. Azeri groups claim that
Chehrangi was arrested to prevent his registration as a candidate in the
February Majles elections (see Sections 3 and 5).
In February and March 1999, 13 Jews were arrested by
security forces in the cities of Isfahan and Shiraz. Among the group
were several prominent rabbis, teachers of Hebrew, and their students, one
a 16-year-old boy. They were held for 14 months or more without
formal charges until their trial began in May. The delay in
clarification of charges appeared to violate Article 32 of the
Constitution, which states in part that in cases of arrest "charges
with the reasons for accusation must, without delay, be communicated and
explained to the accused in writing, and a provisional dossier must be
forwarded to the competent judicial authorities within a maximum of 24
hours so that the preliminaries to the trial can be completed as swiftly as
possible." Ten of the 13 eventually were convicted of charges
relating to illegal contacts with Israel. Governments around the
world criticized the detentions and trial as unfair and in violation of due
process (see Sections 1.e. and 2.c.).
As many as 1,500 students were detained in the wake of
student protests on July 8, 1999, and subsequent riots. Many of them
remained in prison throughout the year (see Sections 1.a., 1.c., and 2.b.).
Numerous publishers, editors and journalists either were
detained, jailed, fined, or prohibited from publishing their writings
during the year (see Section 2.a.). The Government appeared to follow
a policy of intimidation toward members of the media that it considers to
pose a threat to the current system of Islamic government.
Adherents of the Baha'i Faith continue to face arbitrary
arrest and detention. The Government appears to adhere to a practice
of keeping a small number of Baha'is in detention at any given time.
According to the U.N. Special Representative and Baha'i groups, at least 10
Baha'is are in prisons, including 2 who were convicted of either apostasy
or "actions against God" and sentenced to death. In March
1999, the four remaining detainees from the 1998 raid on the Baha'i
Institute of Higher Learning were convicted and sentenced to prison terms
ranging from 3 to 10 years (see Section 2.c.).
The Government enforced house arrest and other measures
to restrict the movements and ability to communicate of several senior
religious leaders whose views on political and governance issues are at
variance with the ruling orthodoxy. Several of these figures dispute
the legitimacy and position of the current Supreme Leader, Ayatollah Ali
Khamenei. The clerics include Ayatollah Seyyed Hassan Tabataei-Qomi,
who has been under house arrest in Mashad for more than 15 years; Ayatollah
Mohammad Shirazi, who remains under house arrest in Qom; and Ayatollah
Ya'asub al-Din Rastgari, who has been under house arrest in Qom since late
1996. Ayatollah Hossein Ali Montazeri, the former designated
successor of the late Spiritual Leader, Ayatollah Khomeini, and an
outspoken critic of the current Supreme Leader, remains under house arrest
and heightened police surveillance (see Section 2.a.). The followers
of these and other dissident clerics, many of them junior clerics and
students, reportedly have been detained in recent years and tortured by
government authorities.
Throughout the year, Iran and Iraq exchanged prisoners
of war (POW's) and the remains of deceased fighters from the 1980-88
Iran-Iraq war, adding to the large number of Iraqi POW's returned by Iran
in 1998. However, a final settlement of this issue between the two
governments was not achieved, despite such predictions by Iranian
government officials in late 1998. A June 1998 press report described
joint Iran-Iraq search operations to identify the remains of those missing
in action.
The Government does not use forced exile, but many
dissidents and ethnic and religious minorities leave the country due to a
perception of threat from the Government.
e. Denial of Fair Public Trial
The court system is not independent and is subject to
government and religious influence. It serves as the principal
vehicle of the State to restrict freedom and reform in the society.
There are several different court systems. The two
most active are the traditional courts, which adjudicate civil and criminal
offenses, and the Islamic Revolutionary Courts. The latter were
established in 1979 to try offenses viewed as potentially threatening to
the Islamic Republic, including threats to internal or external security,
narcotics crimes, economic crimes (including hoarding and overpricing), and
official corruption. A special clerical court examines alleged
transgressions within the clerical establishment, and a military court
investigates crimes committed in connection with military or security
duties by members of the army, police, and the Revolutionary Guards.
A press court hears complaints against publishers, editors, and writers in
the media. The Supreme Court has limited authority to review cases.
The judicial system has been designed to conform, where
possible, to an Islamic canon based on the Koran, Sunna, and other Islamic
sources. Article 157 provides that the head of the judiciary shall be
a cleric chosen by the Supreme Leader. Ayatollah Mohammad Yazdi
resigned as the head of the judiciary in August 1999, and was replaced by
Ayatollah Mahmoud Hashemi Shahrudi. The head of the Supreme Court and
Prosecutor General also must be clerics.
Many aspects of the prerevolutionary judicial system
survive in the civil and criminal courts. For example, defendants
have the right to a public trial, may choose their own lawyer, and have the
right of appeal. Trials are adjudicated by panels of judges.
There is no jury system in the civil and criminal courts. If a
situation is not addressed by statutes enacted after the 1979 revolution,
the Government advises judges to give precedence to their own knowledge and
interpretation of Islamic law, rather than rely on statutes enacted during
the Pahlavi monarchy.
Trials in the Revolutionary Courts, in which crimes
against national security and other principal offenses are heard, are
notorious for their disregard of international standards of fairness.
Revolutionary Court judges act as both prosecutor and judge in the same
case, and judges are chosen in part based on their ideological commitment
to the system. Pretrial detention often is prolonged and defendants
lack access to attorneys. Indictments often lack clarity and include
undefined offenses such as "antirevolutionary behavior,"
"moral corruption," and "siding with global arrogance."
Defendants do not have the right to confront their accusers. Secret
or summary trials of 5 minutes duration occur. Others are show trials
that are intended merely to highlight a coerced public confession. In
1992 the Lawyers Committee for Human Rights concluded that "the
chronic abuses associated with the Islamic Revolutionary Courts are so
numerous and so entrenched as to be beyond reform." The
Government has undertaken no major reform of the Revolutionary Court system
since that report.
In October a former member of a vigilante group, Amir
Farshad Ibrahimi, was sentenced to 2 years' imprisonment for defamation
after he stated in a videotape that Ansar-e Hezbollah vigilantes had
received payments from senior clerics and conservative political figures to
organize and carry out attacks on their political opponents. Two
prominent lawyers active in civil liberties cases, Shirin Ebadi and Mohsen
Rahimi, were given suspended sentences and prohibited from practicing law
for 5 years for their role in distributing the tape.
In November a Revolutionary Court began the trials of 16
writers, intellectuals, and political figures who took part in an April
conference in Berlin on the implications of the February Majles elections
(see Section 3). The 16 defendants, who were arrested in Iran after
the conference and charged with taking part in antigovernment and
anti-Islamic activities, included investigative journalist Akbar Ganji,
newspaper editor Mohammed Reza Jalaipour, Member of Parliament Jamileh
Kadivar, women's rights activists Mehrangiz Kar and Shahla Lahji,
opposition politician Ezzatollah Sahabi, student leader Ali Afshari, and
others, including a translator for the German Embassy in Tehran. The
trial was ongoing at year's end.
In late December, a military court began the trials of
18 persons in connection with the killings of several prominent dissidents
and intellectuals in late 1998. The results of the trial had not been
announced by year's end (see Section 1.a.).
The legitimacy of the Special Clerical Court (SCC)
system continued to be a subject of wide debate throughout the year.
The clerical courts, which were established in 1987 to investigate offenses
and crimes committed by clerics, and which are overseen directly by the
Supreme Leader, are not provided for in the Constitution, and operate
outside the domain of the judiciary. In particular, critics alleged
that the clerical courts were used to prosecute certain clerics for
expressing controversial ideas and for participating in activities outside
the area of religion, including journalism.
During the latter part of the year, a Special Clerical
Court began the trial of Hojatoleslam Hassan Yousefi Eshkevari, a cleric
who participated in the Berlin conference, on charges of apostasy and
"corruption on earth," which potentially carry the death penalty.
Eshkevari has called for more liberal interpretations of Islamic law in
certain areas. In November 1999, former Interior Minister and Vice
President Abdollah Nouri was sentenced by a branch of the SCC to a 5-year
prison term for allegedly publishing "anti-Islamic articles, insulting
government officials, promoting friendly relations with the United
States," and providing illegal publicity to dissident cleric Ayatollah
Hossein Ali Montazeri in the pages of Khordad, a newspaper that was
established by Nouri in late 1998 and closed at the time of his arrest.
Nouri used the public trial to attack the legitimacy of the SCC (see
Section 2.a.).
In April 1999, a branch of the SCC convicted
Hojatoleslam Mohsen Kadivar, a Shi'a cleric and popular seminary lecturer,
to 18 months in prison for "dissemination of lies and confusing public
opinion" in a series of broadcast interviews and newspaper articles.
Kadivar advocated political reform and greater intellectual freedom and
criticized the misuse of religion to maintain power. In an interview
published in a newspaper, Kadivar criticized certain government officials
for turning criticism against them into alleged crimes against the State.
He also observed that such leaders "mistake themselves with Islam,
with national interests, or with the interests of the system, and in this
way believe that they should be immune from criticism." He also
allegedly criticized former Supreme Leader Ayatollah Khomeini and
demonstrated support for dissident cleric Ayatollah Montazeri.
Kadivar's trial was not open to the public.
In July 1999, the SCC banned the daily newspaper Salaam
and indicted its publisher, Mohammad Mousavi Khoeniha, on charges of
"violating Islamic principles," "endangering national
security," and "disturbing public opinion." Khoeniha,
a cleric, later was sentenced to a 5-year jail term. The charges
involved the publication by Salaam of documents related to the unsolved
murders of dissident intellectuals in late 1998, which indicated a possible
connection to senior officials in the plotting of the murders. The
closure of the newspaper led to peaceful protests by students at Tehran
University that later grew into widespread rioting after aggressive
countermeasures were taken by security forces (see Section 2.b.).
It is difficult for many women to obtain legal redress.
A woman's testimony in court is worth only half that of a man's, making it
difficult for a woman to prove a case against a male defendant.
The Government frequently charges members of religious
minorities with crimes such as "confronting the regime" and
apostasy, and conducts trials in these cases in the same manner as is
reserved for threats to national security. Ayatollah Mohammad Yazdi,
who resigned as head of the judiciary in August, stated in 1996 that Baha'i
Faith was an espionage organization. Trials against Baha'is have
reflected this view (see Section 2.c.). The trial of 13 Iranian Jews
on charges related to espionage for Israel was marked throughout by a lack
of due process. The defendants were held for over 1 year without
being charged formally or given access to lawyers. The trial was
closed, and the defendants were not allowed to choose their own lawyers.
Following the trial, defense lawyers told news reporters that they were
threatened by judiciary officials and pressured to admit their clients'
guilt (see Sections 1.d. and 2.c.).
In December 1999, authorities rearrested former Deputy
Prime Minister and longtime political dissident Abbas Amir-Entezam after an
interview with him was published in an Iranian newspaper.
Amir-Entezam has spent much of the past 20 years in and out of prison since
being arrested on charges of collaboration with the United States following
the seizure of the U.S. embassy in Tehran by revolutionary militants in
1979. In his original trial, Amir-Entezam was denied defense counsel
and access to the allegedly incriminating evidence that was gathered from
the overtaken U.S. Embassy and used against him. Since then he has
appealed for a fair and public trial, which has been denied him. He
has been a frequent victim of torture in prison; he suffered a ruptured
eardrum due to repeated beatings, and kidney failure resulting from denial
of access to toilet facilities, and an untreated prostate condition.
He reports having been taken on numerous occasions before a firing squad,
told to prepare for death, only to be allowed to live. Amir-Entezam
remained in prison at year's end (see Section 1.c.).
Independent legal scholar and member of the Islamic
clergy Hojatoleslam Sayyid Mohsen Saidzadeh, who was convicted by the SCC
in 1998 for his outspoken criticism of the treatment of women under the
law, was released from prison in early in 1999; however, the Government
banned him from performing any clerical duties for 5 years. Human
Rights groups outside Iran noted reports that Saidzadeh's 1998 sentence
also included a prohibition on publishing. He has ceased authoring a
monthly column on legal issues, many focusing on the rights of women, since
the time of his detention.
In December Judiciary Chief Mahmoud Hashemi Shahroudi
announced an initiative to reform the Iranian judicial system. He
said that the country is "still a long way off from having a reformed
and developed judicial organization." He also announced that 40
judges, clerks, and "middle-men" had been arrested on corruption
charges.
No estimates are available on the number of political
prisoners. However, the Government often arrests, convicts, and
sentences persons on questionable criminal charges, including drug
trafficking, when their actual "offenses" are political.
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 infringes on these
rights. Security forces monitor the social activities of citizens,
enter homes and offices, monitor telephone conversations, and open mail
without court authorization.
Organizations such as the Ansar-e Hezbollah, an
organization of hard-line vigilantes who seek to enforce their vision of
appropriate revolutionary comportment upon the society, harass, beat, and
intimidate those who demonstrate publicly for reform or who do not observe
dress codes or other modes of correct revolutionary conduct. This
includes women whose clothing does not cover the hair and all of the body
except the hands and face, or those who wear makeup or nail polish.
Ansar-e Hezbollah gangs also have been used to destroy newspaper offices
and printing presses, intimidate dissident clerics, and disrupt peaceful
gatherings (see Sections 2.a. and 2.b.). Ansar-e Hezbollah cells are
organized throughout the country and linked to individual members of the
country's leadership.
Vigilante violence includes attacking young persons
considered too "un-Islamic" in their dress or activities,
invading private homes, abusing unmarried couples, and disrupting concerts
or other forms of popular entertainment. Authorities occasionally
enter homes to remove television satellite dishes, or to disrupt private
gatherings in which unmarried men and women socialize, or where alcohol,
mixed dancing, or other forbidden activities are offered or take place.
Enforcement appears to be arbitrary, varying widely with the political
climate and the individuals involved. Authorities reportedly are
vulnerable to bribes in some of these circumstances.
In 1998 security forces conducted a nationwide raid of
more than 500 homes and offices owned or occupied by Baha'is suspected of
having connections to the Baha'i Institute of Higher Learning (see Section
2.c.). During the raids, instructional materials, office equipment,
and other items of personal property were confiscated. The effort
apparently was designed to disrupt the operation of the Institute, which
serves as the only alternative source of higher education for most Baha'is,
who are denied entry to the state-controlled university system.
Prison guards intimidated family members of detainees
(see Section 1.c.). Opposition figures living abroad reported
harassment of their relatives in the country.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of the press,
except when published ideas are "contrary to Islamic principles, or
are detrimental to public rights;" however, the Government restricts
freedom of speech and of the press in practice. After the election of
President Khatami, the independent press, especially newspapers and
magazines, played an increasingly important role in providing a forum for
an intense debate regarding reform in the society. However, basic
legal safeguards for freedom of expression are lacking, and the independent
press has been subjected to arbitrary enforcement measures by elements of
the Government, notably the judiciary, which see in such debates a threat
to their own hold on power.
Newspapers and magazines represent a wide variety of
political and social perspectives, some allied with particular figures
within the Government. Many subjects of discussion are tolerated,
including criticism of certain government policies. However, the 1995
Press Law prohibits the publishing of a broad and ill-defined category of
subjects, including material "insulting Islam and its sanctities"
or "promoting subjects that might damage the foundation of the Islamic
Republic." Generally prohibited topics include fault-finding
comment on the personality and achievements of the late Leader of the
Revolution, Ayatollah Khomeini; direct criticism of the current Supreme
Leader; assailing the principle of velayat-e faqih, or rule by a supreme
religious leader; questioning the tenets of certain Islamic legal
principles; sensitive or classified material affecting national security;
promotion of the views of certain dissident clerics, including Grand
Ayatollah Ali Montazeri; and advocating rights or autonomy for ethnic
minorities.
Oversight of the press is carried out in accordance with
a press law that was enacted in 1995. The law established the Press
Supervisory Board, which is composed of the Minister of Islamic Culture and
Guidance, a Supreme Court judge, a Member of Parliament, and a university
professor who is appointed by the Minister of Islamic Culture and Guidance.
The Board is responsible for issuing press licenses and for examining
complaints filed against publications or individual journalists, editors,
and publishers. In certain cases, the Press Supervisory Board may
refer complaints to the courts for further action, including closure.
The Press Court hears such complaints. Its hearings are conducted in
public and feature the presence of a jury that is composed of clerics,
government officials, and editors of government-controlled newspapers.
The jury is empowered to recommend to the presiding judge the guilt or
innocence of defendants and the severity of any penalty to be imposed,
although these recommendations are not binding legally. In at least
two cases in 1999 (against the newspapers Jame-eh Salem and Adineh),
recommendations made by Press Court juries for relatively lenient penalties
were disregarded by the presiding judge in favor of harsher measures,
including closure. Perhaps because the judgments of the Press Courts
have not been viewed as sufficiently strict by some government officials,
alleged violations of the Press Law increasingly were referred to the
Revolutionary and Special Clerical Courts, in which defendants enjoy fewer
legal safeguards (see Section 1.e.).
In March the outgoing Parliament passed amendments to
the Press Law that gave the Press Court increased procedural and
jurisdictional power. The amendments allowed prosecution of
individual journalists, in addition to their editors and publishers, for a
broad range of ill-defined political offenses. The new Parliament
(which was seated in May), introduced a bill in August to reverse the
restrictive amendments. However, Supreme Leader Khamenei intervened
with a letter to the Speaker demanding that the bill be dropped from
consideration. Semiofficial vigilante groups appeared outside the
Parliament, creating an atmosphere of intimidation. Despite some
strongly worded objections from members, the bill was withdrawn.
Public officials frequently levy complaints against
journalists, editors, publishers, and even rival publications. The
practice of complaining about the writings of journalists crosses
ideological lines. Offending writers are subject to lawsuits and
fines. Suspension from journalistic activities and imprisonment are
common punishments for guilty verdicts for offenses ranging from
"fabrication" to "propaganda against the State" to
"insulting the leadership of the Islamic Republic." Police
raid newspaper offices, and Ansar-e Hezbollah mobs attack the offices of
liberal publications and bookstores without interference from the police or
prosecution by the courts.
The country's record on freedom of expression worsened
during the year. It remained a central issue in the struggle between
hardliners and political reformers. The Government continued its
policy of issuing licenses for new publications, some of which engaged in
open criticism of certain government policies. However, the
Government issued such licenses at a greatly reduced rate during the year.
Beginning in late April, the Press Court closed virtually all remaining
newspapers associated with the reform-oriented press. Over the course
of a few days, the 14 most prominent reform newspapers were ordered closed,
without hearings. By year's end, more than 30 independent newspapers
and journals were closed. A few mildly proreform newspapers continue
to publish; however, these have been restricted as well.
"Hamshahri," a daily newspaper published by the Tehran
municipality, was ordered to restrict its circulation to the Tehran city
limits. Others continue to publish, but only with heavy
self-censorship.
Dozens of individual editors and journalists were
charged and tried by the Press Court, and several prominent journalists
were jailed for long periods without trial. Others have been
sentenced to prison terms or exorbitant fines. Among those imprisoned
were Mashallah Shamsolvaezin, the editor of a number of now-banned
newspapers; Latif Safari, Shamsolvaezin's publisher; and independent
journalists, such as Akbar Ganji, Ahmed Zeidabadi, Massoud Behnoud, Ebrahim
Nabavi, and Ezzatollah Sahabi. In November Ganji went on trial for
statements that he made at a conference in Berlin on Iranian politics (see
Sections 1.c. and 1.e.).
The Government monitors carefully the statements and
views of Iran's senior religious leaders to prevent disruptive dissent
within the clerical ranks. In November 1997, Ayatollah Hossein Ali
Montazeri, a cleric formerly designated as the successor to Iran's late
Spiritual Leader Ayatollah Khomeini, called into question the authority of
the current Supreme Leader, Ali Khamenei, criticizing his increasing
intervention in government policy. The comments sparked attacks by
Ansar-e Hezbollah mobs on Montazeri's residence and a Koranic school in Qom
run by Montazeri. The promotion of Montazeri's views were among the
charges brought against clerics Mohsen Kadivar and Abdollah Nouri at
hearings of the Special Clerical Court in 1999 (see Sections 1.e.).
The press reported throughout the year that several
persons were jailed for expressing support for Grand Ayatollah Montazeri.
In October it was reported that Akbar Tajik-Saeeki, identified as the
prayer leader at a Tehran mosque, was jailed by the Special Court for the
Clergy for signing a petition that protested the continued detention of
Grand Ayatollah Montazeri. Support for Montazeri was also one of the
charges included in the wide-ranging indictment of former Interior Minister
Abdollah Nouri (see Sections 1.e.). In December one of Montazeri's
sons was arrested for distributing his father's writings.
The 134 signatories of the 1994 Declaration of Iranian
Writers, which declared a collective intent to work for the removal of
barriers to freedom of thought and expression, remain at risk. In
July 1999, the Association of International Writers, known by its acronym
PEN, released a statement noting that authorities had never solved the
murders of signatories Ahmad Mirallai, Ghafar Hosseini, Ahmad Modhtari,
Mohammad Jafar Pouyandeh, Ebrahim Zalzadeh, and Darioush and Parvaneh
Forouhar, nor the disappearance in late 1998 of Pirouz Davani. PEN
had reported in October 1998 that Declaration signatories Mohammad
Pouyandeh, Mohammad Mokhtari, Houshang Golshiri, Kazem Kardevani, and
Mansour Koushan were questioned by a Revolutionary Court in connection with
their attempts to convene a meeting of the Iran Writer's Association.
Mokhtari and Pouyandeh subsequently were murdered, while signatory Mansour
Koushan reportedly fled to Norway.
The Government directly controls and maintains a
monopoly over all television and radio broadcasting facilities; programming
reflects the Government's political and socio-religious ideology.
Because newspapers and other print media have a limited circulation outside
large cities, radio and television serve as the principal news source for
many citizens. Satellite dishes that receive foreign television
broadcasts are forbidden; however, many citizens, particularly the wealthy,
own them. In May 1999, the Minister of Islamic Culture and Guidance
stated in public remarks that the Government might support an easing of the
satellite ban. However, Supreme Leader Khamenei, who makes the
ultimate determination on issues that involve radio and television
broadcasting, quickly criticized any potential change as amounting to
"surrender" to Western culture, effectively ending any further
debate of the idea.
The Ministry of Islamic Culture and Guidance is charged
with screening books prior to publication to ensure that they do not
contain offensive material. However, some books and pamphlets
critical of the Government are published without reprisal. The
Ministry inspects foreign printed materials prior to their release on the
market.
Legal scholar Hojatoleslam Sayyid Mohsen Saidzadeh, who
was convicted by the SCC in 1998 for his outspoken criticism of the
treatment of women under the law, was released from prison early in 1999;
however, the Government banned him from performing any clerical duties for
5 years and prohibited him from publishing (see Section 1.e.).
The Government effectively censors Iranian-made films,
since it is the main source of funding for domestic film producers.
Those producers must submit scripts and film proposals to government
officials in advance of funding approval. However, such government
restrictions appear to have eased since the election of President Khatami.
President Khatami announced in September 1998 that the
Government would take no action to threaten the life of British author
Salman Rushdie, or anyone associated with his work "The Satanic
Verses." However, his remarks were repudiated by other parties,
including the 15 Khordad Foundation, which claims to have financed a bounty
for the murder of Rushdie (see Section 1.a.).
Academic censorship persists. In his 1996 interim
report, the U.N. Special Representative noted the existence of a campaign
to bring about the "Islamization of the universities," which
appeared to be a movement to purge persons alleged to "fight against
the sanctities of the Islamic system." Government informers who
monitor classroom material reportedly are common on university campuses.
Admission to universities is politicized; all applicants must pass
"character tests" in which officials screen out applicants
critical of the Government's ideology. To obtain tenure, professors
must cooperate with government authorities over a period of years.
Ansar-e Hezbollah thugs disrupt lectures and appearances by academics whose
views do not conform with their own. In October 1999, a newspaper
announced that a post-graduate philosophy course taught by Professor
Abdolkarim Soroush at Tehran University was canceled due to threats to set
fire to the classroom by unidentified persons.
b. Freedom of Peaceful Assembly and
Association
The Constitution permits assemblies and marches
"provided they do not violate the principles of Islam;" however,
in practice the Government restricts freedom of assembly and closely
monitors gatherings to ensure that they do not constitute uncontrolled
antigovernment protest. Such gatherings include public entertainment
and lectures, student gatherings, labor protests, funeral processions, and
Friday prayer gatherings. A significant factor for groups in deciding
whether to hold a public gathering is whether it would be opposed by the
semiofficial Ansar-e Hezbollah, which uses violence and intimidation to
disperse such assemblies.
In August two leading reform intellectuals, Mohsen
Kadivar and Abdul Karim Soroush, were prevented by semiofficial club- and
knife-wielding vigilantes from addressing a student convention in
Khorramabad. Subsequent clashes between students and vigilantes
resulted in the death of a police officer and injuries. The
authorities arrested 150 persons.
On July 8, 1999, students at Tehran University who were
protesting proposed legislation by the Majles that would limit press
freedoms and the Government's closure of a prominent reform-oriented
newspaper, were attacked by elements of the security forces and Ansar-e
Hezbollah thugs. Police forces reportedly looked on and allowed
repeated attacks against the students and their dormitory. Human
Rights Watch reported that, according to witnesses, at least 4 students
were killed in the assault on the dormitory, 300 were wounded, and 400 were
detained. The demonstrations continued to grow in subsequent days to
include many nonstudents. Looting, vandalism, and large-scale rioting
began and spread to cities outside Tehran. Student groups attempted
to distance their organizations from these later acts, which they blamed on
government-sanctioned agitators. The Government intervened to stop
the rioting and announced a July 14 counter-demonstration of regime
loyalists and off-duty government workers, many of whom were bussed in from
other cities for the demonstration.
In September 1999, the head of the Tehran Revolutionary
Court, Hojatoleslam Gholamhossein Rahbarpour, was quoted as saying that
1,500 students were arrested during the riots, 500 were released
immediately after questioning, 800 were released later, and formal
investigations were undertaken against the remaining 200. He also
announced that four student leaders were sentenced to death by a
Revolutionary Court for their role in the demonstrations. The death
sentences reportedly were commuted to prison terms during the year.
The Special Representative's report stated that about two-thirds of the
students who initially were arrested subsequently were released, but noted
that there has been no formal accounting of all the persons arrested in
connection with the July 1999 demonstrations.
The Government arrested the leaders of the Iran Nations
Party in the aftermath of the July 1999 demonstrations. The party is
a secular nationalist movement that predates the revolution and is viewed
as a threat by certain elements of the Government. The party was
accused of inciting rioters and of encouraging disparaging slogans against
"sacred values." Agents of the intelligence service in late
1998 killed the former head of the Iran Nations Party, Darioush Forouhar,
along with his wife (see Section 1.a.).
In the aftermath of these events, the Government took
action against members of the security forces for their violent assault on
the student dormitory, and against student leaders, demonstrators, and
political activists, whom it blamed for inciting illegal behavior. In
August 1999, the commander of the security forces, General Hedayat Lotfian,
was summoned before the Parliament to explain the role of his officers in
the dormitory raid. He reportedly announced that 98 officers were
arrested for their actions. In February 20 police officers and
officials were tried on charges of misconduct in connection with the
demonstrations. The court found that misconduct had occurred, and
ordered compensation for 34 injured students. However, the court
released all but two of the accused officers.
The Government forcefully suppressed demonstrations by
Kurds in the wake of the February 1999 arrest of PKK leader Abudullah
Ocalan in Turkey. Security forces reportedly killed 20 persons and
made several hundred arrests (see Sections 1.a. and 5).
The Government limits freedom of association. The
Constitution provides for the establishment of political parties,
professional associations, Islamic religious groups, and 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. President
Khatami repeatedly has declared as a major goal the development of civil
society. A newspaper reported in June 1999 that the Article Ten
Commission, a government body responsible for reviewing applications for
the establishment of political parties, guilds, societies, and
nongovernmental organizations (NGO's), released figures indicating that as
of April, "85 political, 115 specialized, and 26 religious minority
organizations and associations" were active in the country.
c. Freedom of Religion
The Government restricts freedom of religion. The
Constitution declares that the "official religion of Iran is Islam and
the sect followed is that of Ja'fari (Twelver) Shi'ism," and that this
principle is "eternally immutable." It also states that
"other Islamic denominations are to be accorded full respect,"
and recognizes Zoroastrians, Christians, and Jews (Iran's pre-Islamic
religions) as the only "protected religious minorities."
Religions not specifically protected under the Constitution do not enjoy
freedom of religion. This situation most directly affects the nearly
350,000 followers of the Baha'i Faith, who effectively enjoy no legal
rights.
The central feature of the country's Islamic republican
system is rule by a "religious jurisconsult." Its senior
leadership, including the Supreme Leader of the Revolution, the President,
the head of the Judiciary, and the Speaker of the Islamic Consultative
Assembly (Parliament), is composed principally of Shi'a clergymen.
Religious activity is monitored closely by the Ministry
of Intelligence and Security (MOIS). Adherents of recognized
religious minorities are not required to register individually with the
Government, although their community, religious, and cultural
organizations, as well as schools and public events are monitored closely.
Baha'is are not recognized by the Government as a legitimate religious
group; rather, they are considered an outlawed political organization.
Registration of Baha'i adherents is a police function. Evangelical
Christian groups are pressured by government authorities to compile and
hand over membership lists for their congregations. Evangelicals have
resisted this demand. Non-Muslim owners of grocery shops are required
to indicate their religious affiliation on the front of their shops.
The population is approximately 99 percent Muslim, of
which 89 percent are Shi'a and 10 percent are Sunni (mostly Turkomans,
Arabs, Baluchs, and Kurds living in the southwest, southeast, and
northwest). Baha'i, Christian, Zoroastrian, and Jewish communities
compose less than 1 percent of the population. Sufi brotherhoods are
popular, but there are no reliable figures available to judge their true
size.
Members of religious minorities are allowed to vote, but
they may not run for President. All religious minorities suffer
varying degrees of officially sanctioned discrimination, particularly in
the areas of employment, education, and housing (see Section 5).
The Government allows recognized religious minorities to
conduct religious education of their adherents. This includes
separate and privately funded Zoroastrian, Jewish, and Christian schools.
These schools are supervised by the Ministry of Education, which imposes
certain curriculum requirements. With few exceptions, the directors
of these private schools must be Muslim. Attendance at these schools
is not mandatory for recognized religious minorities. All textbooks
used in course work must be approved for use by the Ministry of Education,
including religious texts. Religious texts in non-Persian languages
require approval by the authorities for use. This requirement imposes
sometimes significant translation expenses on minority communities.
Recognized religious minorities may provide religious instruction in
non-Persian languages, but often come under pressure from the authorities
when conducting such instruction in Persian. In particular,
evangelical Christian and Jewish communities have suffered harassment and
arrest by authorities for the printing of materials or delivery of sermons
in Persian.
Recognized religious minorities are allowed by the
Government to establish community centers and certain cultural, social,
sports, or charitable associations that they finance themselves. This
does not apply to the Baha'i community which, since 1983, has been denied
the right to assemble officially or to maintain administrative
institutions. Because the Baha'i Faith has no clergy, the denial of
the right to form such institutions and elect officers has threatened its
existence in the country.
University applicants are required to pass an
examination in Islamic theology. Although public-school students
receive instruction in Islam, this requirement limits the access of most
religious minorities to higher education. Applicants for public
sector employment similarly are screened for their knowledge of Islam.
Religious minorities suffer discrimination in the legal
system, receiving lower awards in injury and death lawsuits, and incurring
heavier punishments than Muslims. Muslim men are free to marry
non-Muslim women, but the opposite does not apply. Marriages between
Muslim women and non-Muslim men are not recognized.
The Government is highly suspicious of any proselytizing
of Muslims by non-Muslims and can be harsh in its response, in particular
against Baha'is and evangelical Christians. The Government regards
the Baha'i community, whose faith originally derives from a strand of
Islam, as a "misguided" or "wayward" sect. The
Government has fueled anti-Baha'i and anti-Jewish sentiment in the country
for political purposes.
The Government does not ensure the right of citizens to
change or recant their religious faith. Apostasy, specifically
conversion from Islam, may be punishable by death.
Although Sunni Muslims are accorded full respect under
the terms of the Constitution, some Sunni groups claim discrimination on
the part of the Government. In particular, Sunnis cite the lack of a
Sunni mosque in Tehran and claim that authorities refuse to authorize
construction of a Sunni place of worship in the capital. Sunnis also
have accused the state broadcasting company of airing programming insulting
to Sunnis. Numerous Sunni clerics have been killed in recent years,
some allegedly by agents of the Government. For example, Human Rights
Watch reported in 1998 the killing of Sunni prayer leader Molavi Imam
Bakhsh Narouie in the province of Sistan va-Baluchistan in the southeast.
This led to protests from the local community, which believed that
government authorities were involved in the killing.
Majdhub Alishahi, an adherent of the Sufi tradition,
reportedly was executed on charges of adultery and homosexuality after a
coerced confession in 1996. Sufi organizations outside the country
remain concerned about repression by the authorities of Sufi religious
practices.
The largest non-Muslim minority is the Baha'i Faith,
estimated at nearly 350,000 adherents throughout the country. The
Baha'i Faith originated in Iran during the 1840's as a reformist movement
within Shi'a Islam. Initially it attracted a wide following among
Shi'a clergy. The political and religious authorities of that time
joined to suppress the movement, and since then the hostility of the Shi'a
clergy to the Baha'i Faith has remained intense. Baha'is are
considered apostates because of their claim to a valid religious revelation
subsequent to that of the Prophet Mohammed. The Baha'i Faith is
defined by the Government as a political "sect" historically
linked to the Pahlavi monarchy and, therefore, as counterrevolutionary.
Historically at risk, Baha'is often have suffered increased levels of
mistreatment during times of political unrest.
Baha'is may not teach or practice their faith or
maintain links with coreligionists abroad. The fact that the Baha'i
world headquarters is situated in what is now the state of Israel
(established by the founder of the Baha'i Faith in the 19th century in what
was then Ottoman-controlled Palestine) exposes Baha'is to government
charges of "espionage on behalf of Zionism," in particular when
Bahai's are caught communicating with or remitting monetary contributions
to the Baha'i Faith headquarters.
Broad restrictions on Baha'is appear to be geared to
destroying them as a community. They repeatedly have been offered
relief from abuse in exchange for recanting their faith. Baha'i
cemeteries, holy places, historical sites, administrative centers, and
other assets were seized shortly after the 1979 revolution. None of
these properties have been returned and many have been destroyed.
Baha'is are not allowed to bury and honor their dead in keeping with their
religious tradition. In October 1998, three Baha'is were arrested in
Damavand, a city north of Tehran, on the grounds that they had buried their
dead without government authorization.
In the past, Baha'i marriages were not recognized by the
Government, leaving Baha'i women open to charges of prostitution. As
a result, children of Baha'i marriages were not recognized as legitimate
and, therefore, were denied inheritance rights. However, in April the
Government announced the elimination of the requirement that citizens
indicate religious affiliation at the time of registration of marriage.
This may allow Bahai's to register their marriages officially, and thereby
mitigate some of the legal obstacles that they face.
Manuchehr Khulusi was arrested in June 1999 while
visiting fellow Baha'is in the town of Birjand, and was imprisoned until
his release in May. During his imprisonment, Khulusi was
interrogated, beaten, held in solitary confinement, and denied access to
his lawyer. The charges brought against him still are unknown, but
they were believed to be related to his faith. The Islamic
Revolutionary Court in Mashhad held a 2-day trial in September 1999 and
then sentenced him to death in February. Despite Khulusi's release,
it is unclear if the conviction and death sentence against him still stand.
Ruhollah Rowhani, a Baha'i, was executed in July 1998
after having served 9 months in solitary confinement on a charge of
apostasy, which arose from his allegedly having converted a Muslim woman to
the Baha'i Faith. The woman claimed that her mother was a Baha'i and
she herself had been raised a Baha'i. Rowhani was not accorded a
public trial, and no sentence was announced prior to his execution.
Two other Baha'is, Sirus Zabihi-Moghaddam and Hadayat
Kashefi-Najafabadi, were tried alongside Rowhani and later sentenced to
death by a revolutionary court in Mashad for practicing their faith.
The sentences were reduced during the year to jail terms of 7 and 5 years,
respectively.
Baha'i group meetings and religious education, which
often take place in private homes and offices, are curtailed severely.
Public and private universities continue to deny admittance to Baha'i
students, a particularly demoralizing blow to a community that
traditionally has placed a high value on education. Denial of access
to higher education appears aimed at the eventual impoverishment of the
Baha'i community.
The property rights of Baha'is generally are
disregarded. Since 1979 large numbers of private and business
properties belonging to Baha'is have been confiscated. In 1999 three
Baha'i homes in Yazd and one in Arbakan were confiscated because their
owners were members of the Baha'i community. In September and October
1998, government officers plundered more than 500 Baha'i homes throughout
the country and seized personal household effects, such as furniture and
appliances. Seizure of personal property, in addition to the denial
of access to education and employment, is eroding the economic base of the
Baha'i community.
In 1999 authorities in Khurasan intensified their
efforts to intimidate and undermine Baha'i education. Two teachers in
Mashhad were arrested and sentenced to 3 years' imprisonment. Their
students were given suspended sentences, to be reinstated if the students
again participated in religious education classes. Three more Baha'is
were arrested in Bujnurd in northern Khurasan for participating in
religious education gatherings. After 6 days in prison, they were
released with suspended sentences of 5 years. The use of suspended
sentences appears to be a new government tactic to discourage Baha'is from
taking part in monthly religious gatherings.
In September 1998, authorities began a nationwide
operation to disrupt the activities of the Baha'i Institute of Higher
Learning. Also known as the "Open University," the
Institute was established by the Baha'i community shortly after the
revolution to offer opportunities in higher education to Baha'i students
who had been denied access to the country's high schools and universities.
The Institute employed Baha'i faculty and professors, many of whom had been
dismissed from teaching positions by the Government as a result of their
faith, and conducted classes in homes or offices owned or rented by
Baha'is. During the operation, which took place in at least 14
different cities, 36 faculty members were arrested, and a variety of
personal property, including books, papers, and furniture, either were
destroyed or confiscated. Government interrogators sought to force
the detained faculty members to sign statements acknowledging that the Open
University now was defunct and pledging not to collaborate with it in the
future. Baha'is outside the country report that none of the 36
detainees would sign the document. All but 4 of the 36 persons
detained during the September 1998 raid on the Baha'i Institute had been
released by November 1998.
In March 1999, Dr. Sina Hakiman, Farzad Khajeh
Sharifabadi, Habibullah Ferdosian Najafabadi, and Ziaullah Mirzapanah, the
four remaining detainees from the September 1998 raid, were convicted under
Article 498 of the Penal Code and sentenced to prison terms ranging from 3
to 10 years. In the court verdict, the four were accused of having
establishing a "secret organization" engaged in "attracting
youth, teaching against Islam, and teaching against the regime of the
Islamic Republic." According to Baha'i groups
outside Iran, the four taught general science and Persian literature
courses. In July 1999, Mirzapanah, who had been sentenced to 3 years
in prison, became ill and was hospitalized. Prison authorities
allowed him to return home upon his recovery on the understanding that they
could find him whenever necessary. The other three were released in
December 1999.
The Government appears to adhere to a practice of
keeping a small number of Baha'is in arbitrary detention, some at risk of
execution, at any given time. There were at least 10 Baha'is reported
to be under arrest for practicing their faith at year's end, 2 under
sentence of death.
Baha'is regularly are denied compensation for injury or
criminal victimization. Government authorities claim that only Muslim
plaintiffs are eligible for compensation in these circumstances. In
practice, Baha'is continue to be denied most forms of government employment
(see Section 5).
In 1993 the U.N. Special Representative reported the
existence of a government policy directive on the Baha'is. According
to the directive, the Supreme Revolutionary Council instructed government
agencies to block the progress and development of the Baha'i community,
expel Baha'i students from universities, cut Baha'i links with groups
outside Iran, restrict employment of Baha'is, and deny Baha'is
"positions of influence," including those in education. The
Government claims that the directive is a forgery. However, it
appears to be an accurate reflection of current government practice.
In his 1996 report to the U.N. Commission on Human
Rights, the U.N. Special Rapporteur on the Question of Religious
Intolerance recommended "that the ban on the Baha'i organization
should be lifted to enable it to organize itself freely through its
administrative institutions, which are vital in the absence of a clergy, so
that it can engage fully in its religious activities." In
response to the Special Rapporteur's concerns with regard to the lack of
official recognition of the Baha'i Faith, government officials stated that
Baha'is "are not a religious minority, but a political organization
that was associated with the Shah's regime, is against the Iranian
Revolution, and engage in espionage activities." The Government
asserted to the Special Rapporteur that, as individuals, all Baha'is were
entitled to their beliefs and protected under other articles of the
Constitution as citizens.
The Christian community is estimated at approximately
117,000, according to government figures. Of these the majority are
ethnic Armenians and Assyro-Chaldeans. Protestant denominations and
evangelical churches also are active, although nonethnically based groups
report a greater degree of restrictions on their activities.
The authorities have become particularly vigilant in
recent years in curbing what is perceived as increasing proselytizing
activities by evangelical Christians, whose services are conducted in
Persian. Conversion of a Muslim to a non-Muslim religion can be
considered apostasy. Government officials have reacted to this
perceived activity by closing evangelical churches and arresting converts.
Members of evangelical congregations are required to carry membership
cards, photocopies of which must be provided to the authorities.
Worshipers are subject to identity checks by authorities posted outside
congregation centers. Meetings for evangelical services have been
restricted by the authorities to Sundays, and church officials have been
ordered to inform the Ministry of Information and Islamic Guidance before
admitting new members to their congregations.
As conversion by a Muslim to a non-Muslim religion may
be considered apostasy under traditional Shari'a (Islamic law) practices
enforced in the country, non-Muslims may not proselytize Muslims without
putting their own lives at risk. Evangelical church leaders are
subject to pressure from authorities to sign pledges committing them not to
evangelize Muslims or to allow Muslims to attend church services.
One organization reported in 1999 the deaths of 8
evangelical Christians at the hands of authorities in the past 11 years,
and between 15 and 23 disappearances between November 1997 and November
1998.
Oppression of evangelical Christians continued during
the year. Christian groups reported instances of government
harassment of churchgoers in Tehran, in particular against worshipers at
the Assembly of God congregation in the capital. Cited instances of
harassment included conspicuous monitoring outside Christian premises by
Revolutionary Guards to discourage Muslims or converts from entering church
premises and demands for presentation of identity papers of worshipers
inside. Iranian Christians International (ICI) detailed the cases of
Alireza and Mahboobeh Mahmoudian, converts to Christianity and lay leaders
of the Saint Simon the Zealot Osgofi Church in Shiraz, who were forced to
leave the country permanently in June 1998 after continued harassment by
the authorities. The ICI reported that Alireza Mahmoudian had lost
his job because of his conversion and had been beaten repeatedly by Basiji
and Ansar-e Hezbollah thugs on the orders of government officials from the
Ministry of Islamic Guidance. His wife, Mahboobeh, also had been the
subject of intimidation, principally through frequent and aggressive
interrogation by government officials.
Estimates of the size of the Iranian Jewish community
vary from 25,000 to 30,000. These figures represent a substantial
reduction from the estimated 75,000 to 80,000 Jews who resided in the
country prior to the 1979 revolution.
While Jews are a recognized religious minority,
allegations of official discrimination are frequent. The Government's
anti-Israel policies, coupled with a perception among radicalized Muslim
elements in Iran that Jewish citizens support Zionism and the State of
Israel, create a threatening atmosphere for the small Jewish community.
Jewish leaders reportedly are reluctant to draw attention to official
mistreatment of their community due to fear of government reprisal.
Some outside Jewish groups cite an increase in
anti-Semitic propaganda in the official and semiofficial media as adding to
the pressure felt by the Jewish community. One example cited is the
periodic publication of the anti-Semitic and fictitious Protocols of the
Elders of Zion, both by the Government and by periodicals associated with
hard-line elements of the Government. In 1986 the Iranian Embassy in
London was reported to have published and distributed the Protocols in
English. The Protocols also were published in serial form in the
country in 1994 and again in January 1999. On the latter occasion
they were published in Sobh, a conservative monthly publication reportedly
aligned with the security services.
There appears to be little restriction or interference
with religious practice or education; however, Jews were eased out of most
government positions after 1979. Jews are permitted to obtain
passports and to travel outside the country; however, with the exception of
certain business travelers, they are required by the authorities to obtain
government clearance (and pay additional fees) before each trip abroad.
The Government appears concerned about the emigration of Jews and
permission generally is not granted for all members of a Jewish family to
travel outside the country at the same time (see Section 2.d.).
In February and March 1999, 13 Jews were arrested in the
cities of Shiraz and Isfahan. Among the group were several prominent
rabbis, teachers of Hebrew, and their students. The charges centered
on alleged acts of espionage on behalf of Israel, an offense punishable by
death. The 13 were jailed for over 1 year, largely in solitary
confinement, without official charges or access to lawyers. In April
the defendants were appointed lawyers, and a closed trial commenced in a
revolutionary court in Shiraz. Human rights groups and governments
around the world criticized the lack of due process in the proceedings.
The Special Representative characterized them as "in no way
fair." On July 1, 10 of the 13, along with 2 Muslim defendants,
were convicted on charges of illegal contact with Israel, conspiracy to
form an illegal organization, and recruiting agents. They received
prison sentences ranging from 4 to 13 years. Three were acquitted.
Their lawyers filed an appeal and on September 21 an appeals court
overturned the convictions for forming an illegal organization and
recruiting agents, but upheld the convictions for illegal contacts with
Israel. Their sentences were reduced to between 2 and 9 years'
imprisonment.
Jewish groups outside Iran noted that the March 1999
arrest of the 13 Jewish individuals coincided with an increase in
anti-Semitic propaganda in newspapers and journals associated with hardline
elements of the Government. Since the beginning of the trial, Jewish
businesses in Tehran and Shiraz have been targets of vandalism and
boycotts, and Jews reportedly suffered personal harassment and
intimidation.
Human Rights Watch reported the death in May 1998 of
Jewish businessman Ruhollah Kakhodah-Zadeh, who was hanged in prison
without a public charge or legal proceeding. Reports indicate that
Kakhodah-Zadeh may have been killed for assisting Jews to emigrate.
As an accountant, Kakhoda-Zadeh had provided power-of-attorney services for
Jews departing the country.
The Government restricts the movement of several senior
religious leaders, some of whom have been under house arrest for years (see
Sections 1.d. and 2.d.), and often charges members of religious minorities
with crimes such as drug offenses, "confronting the regime," and
apostasy (see Section 1.e.).
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government places some restrictions on these rights.
Citizens may travel to any part of the country, although there have been
restrictions on travel to Kurdish areas during times of occasional heavy
fighting. Roadblocks and security checks are common on routes between
major cities. Citizens may change their place of residence without
obtaining official permission. The Government requires exit permits
(a validation stamp placed in the traveler's passport) for draft-age males
and citizens who are politically suspect. Some citizens, particularly
those whose skills are in short supply and who were educated at government
expense, must post bonds to obtain exit permits. The Government
restricts the movement of certain religious minorities and of several
religious leaders (see Sections 1.d. and 2.c.).
Citizens returning from abroad sometimes are subject to
search and extensive questioning by government authorities for evidence of
antigovernment activities abroad. Cassette tapes, printed material,
personal correspondence, and photographs are subject to confiscation.
The Government permits Jews to travel abroad, but often
denies them the multiple-exit permits normally issued to other citizens.
The Government normally does not permit all members of a Jewish family to
travel abroad at the same time. Baha'is often experience difficulty
in obtaining passports. Women must obtain the permission of their
husband, father, or other living male relative in order to obtain a
passport. Married women must receive written permission from their
husbands before embarking on a trip outside the country.
The law contains provisions for granting refugee status
in accordance with the 1951 U.N. Convention Relating to the Status of
Refugees and its 1967 Protocol. The Government generally cooperates
with the U.N. High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in assisting refugees. Although the Government
generally provides first asylum, the Government increased pressure on some
refugees to return to their home countries, particularly as the economy has
worsened.
The country hosts a large refugee population, mostly
Afghans who fled during the Soviet occupation. The Government and the
UNHCR estimate that there are approximately 1.4 million Afghan refugees in
the country. Most subsist on itinerant labor, often moving from place
to place within the country. Between April and December, the
government and the UNHCR operated a joint program intended to facilitate
the repatriation of Afghans who did not have a well-founded fear of
persecution. Approximately 133,000 Afghans returned voluntarily with
UNHCR assistance, and another 50,000 returned with help from the
Government. There were reports in late 1998 and early 1999 of a surge
in the numbers of Afghans forcibly repatriated to their country by
government officials and military personnel. Reasons cited were a
worsening economic situation and anger over the murders in August 1998 of
nine Iranian diplomats and journalists stationed at the Iranian Consulate
in the Afghan city of Mazar-e Sharif. There also were reports during
this period of civilian mob attacks against groups of Afghan refugees,
which resulted in numerous deaths.
The UNHCR estimates that there were about 386,000 Iraqi
Kurdish and Arab refugees in the country at year's end. Many of these
Iraqi refugees originally were expelled by Iraq at the beginning of the
Iran-Iraq war because of their suspected Iranian origin. In numerous
instances, both the Iraqi and Iranian Governments dispute their
citizenship, rendering many of them, in effect, stateless. Other
Iraqi refugees arrived following Iraq's invasion of Kuwait in 1990.
Although the Government claims to host more than 30,000
refugees of other nationalities, including Tajiks, Bosnians, Azeris,
Eritreans, Somalis, Bangladeshis and Pakistanis, it has provided no
information about them or allowed the UNHCR or other organizations access
to them.
Section 3 Respect for Political Rights: The
Right of Citizens to Change Their Government
The right of citizens to change their government is
restricted. The Supreme Leader, the recognized Head of State, is
selected for a life term by the Assembly of Experts. The Supreme
Leader may also be removed by the Assembly of Experts. The Assembly
itself is restricted to clerics, who serve an 8-year term and are chosen by
popular vote from a list approved by the Government. There is no
separation of state and religion, and clerics dominate the Government.
The Government represses any attempts to separate state and religion, or to
alter the State's existing theocratic foundation. The selection of
candidates for elections effectively is controlled by the Government.
The Constitution provides for a Council of Guardians
composed of six Islamic clergymen and six lay members who review all laws
for consistency with Islamic law and the Constitution. The Council
also screens political candidates for ideological, political, and religious
suitability. It accepts only candidates who support a theocratic
state; clerics who disagree with government policies also have been
disqualified.
Regularly scheduled elections are held for the
President, members of the Majles, and the Assembly of Experts.
Mohammad Khatami, a former Minister of Culture and Islamic Guidance who was
impeached in 1992 by the Majles for "liberalism" and
"negligence," was elected President in May 1997. The
Interior Ministry estimated that over 90 percent of the eligible population
voted in that election. During the campaign, there was considerable
government intervention and censorship. For example, the Council of
Guardians reviewed 238 candidates, including a woman, but allowed only 4
individuals to run. Three were clerics; all were men. Khatami
won nearly 70 percent of the vote, with his greatest support coming from
the middle class, youth, minorities, and women. The election results
were not disputed, and the Government did not appear to have engaged in
fraud.
Elections were held in the fall of 1998 for the
86-member Assembly of Experts. The Council of Guardians disqualified
numerous candidates, which led to criticism from many observers that the
Government improperly predetermined the election results.
In February 1999, elections for nationwide local
councils were held for the first time since the 1979 revolution.
Government figures indicated that roughly 280,000 candidates competed for
130,000 council seats across the nation. Women were elected to seats
in numerous districts. The Councils do not appear to have been
granted the autonomy or authority that would make them effective or
meaningful local institutions; doing so could be viewed as a threat to the
control of the central Government.
Iran held elections for its 290 seat Majles in February.
Of over 6,000 candidates, 576 were disqualified before the elections by the
Council of Guardians, which represented a substantial decrease from the 44
percent who were disqualified before the 1996 elections. Most of
those disqualified were outspoken advocates of political reform, including
some of the most prominent supporters of President Khatami. In
addition, an Azeri activist was arrested in December 1999, reportedly to
prevent him from registering to run in the elections (see Sections 1.d. and
5). However, candidates with a wide range of views were permitted to
run. The elections resulted in a landslide victory for moderate and
reform candidates, who now constitute a large majority in the Majles.
Vigorous parliamentary debates take place on various issues. However,
the Supreme Leader and other conservatives within the Government used
constitutional provisions to block much of the early reform legislation
passed by the Majles.
Women are underrepresented in government. They
hold 9 of 290 Majles seats. There are no female cabinet members.
In 1997 President Khatami appointed the first female vice president (for
environmental protection) since the 1979 Islamic Revolution, Masoumeh
Ebtekar, following his inauguration. Minister of Islamic Culture and
Guidance Ataollah Mohajerani appointed a second woman to a senior post,
Azam Nouri, when he chose her in 1997 as his Deputy Minister for Legal and
Parliamentary Affairs. President Khatami appointed a woman to serve
as Presidential Adviser for Women's Affairs.
Christians, Jews, and Zoroastrians elect deputies to
specially reserved Majles seats. However, the UN Special
Representative noted in his September report frequent assertions that
religious minorities are, by law and practice, barred from being elected to
a representative body (except to the seats in the Majles reserved for
minorities), and from holding senior government or military positions.
Religious minorities are allowed to vote, but they may not run for
president.
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."
Various professional groups representing writers,
journalists, photographers, and others attempt to monitor government
restrictions in their field and harassment and intimidation against
individual members of their professions. However, their ability to
meet, organize, and effect change is curtailed severely by the Government.
International human rights NGO's such as Human Rights
Watch and Amnesty International are not permitted to establish offices in
or conduct regular investigative visits to the country. Human Rights
Watch and members of a European judicial monitoring NGO were permitted to
send representatives to Shiraz for the trial of 13 Iranian Jews on
espionage charges (see Section 2.c.). However, they were not
permitted to monitor the trial proceedings.
The ICRC and the UNHCR both operate in the country.
However, the Government did not allow the U.N. Special Representative for
Human Rights in Iran to visit the country during the year. The
Special Representative last was allowed entry into the country to gather
information for his yearly report in 1996. However, the Special
Representative corresponded with government officials during the year, and
received several replies to his correspondence.
The Islamic Human Rights Commission (IHRC) 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. Most observers believe that
these bodies lack independence. The U.N. Special Representative
published statistics provided by the IHRC indicating that in the period
from March 1998 to March 1999, 1,051 files were opened on the basis of
complaints received by the organization. Of those the highest number
of complaints were related to the judiciary. Of a total of about
3,000 currently active files, approximately 1,000 were related to women and
women's issues.
In April 1999, Mohammad Zia'i Far, secretary of the
IHRC, stated in a press interview that illegal detention centers continue
to exist in Iran. The press also reported that the IHRC sought
permission from the Special Court for the Clergy to visit imprisoned cleric
Mohsen Kadivar in Evin Prison in March 1999 (see Section 1.e.). The
request reportedly was never answered. Kadivar was released during
the summer. In 1998 Ziaei-Far reportedly complained about the use by
police of "special detention centers" to conduct coercive
interrogations of detainees (see Section 1.c.) and acknowledged widespread
human rights violations.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
In general the Government does not discriminate on the
basis of race, disability, language, or social status. The Government
does discriminate on the basis of religion and sex.
Women
Although reported cases of spousal abuse and violence
against women occur, the statistics on such reports are not available
publicly. Abuse in the family is considered a private matter and
seldom is discussed publicly. In May 1999, the President's Advisor on
Women's Affairs was quoted in the press as stating that "one cannot
claim that violence against women does not take place in Iran."
The Special Representative noted in his September report that media
reporting on the situation of women has diminished, in part due to the
closure of the reform-oriented press (see Section 2.a.).
Women have access to primary and advanced education;
however, social and legal constraints limit their professional
opportunities. In September the Majles approved a controversial bill
to allow single women to travel abroad for graduate education. The
legislation was under consideration by the Council of Guardians at year's
end. Women are represented in many fields of the work force, and the
Government has not prevented women from entering many traditionally
male-dominated fields, including medicine, dentistry, journalism and
agriculture. However, many women choose not to work outside the home.
A 1985 law enacted by the Government instituted 3 months of paid maternity
leave, and 2 half-hour periods per day for nursing mothers to feed their
babies. Pension benefits for women were established under the same
law, which also decreed that companies hiring women should provide day-care
facilities for young children of female employees.
The State enforces gender segregation in most public
spaces, and prohibits women 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. Women are prohibited from attending male sporting
events, although this restriction does not appear to be enforced
universally. While the enforcement of a conservative Islamic dress
codes has varied with the political climate since the death of Ayatollah
Khomeini in 1989, what women wear in public is not entirely a matter of
personal choice. Women are subject to harassment by the authorities
if their dress or behavior is considered inappropriate, and may be
sentenced to flogging or imprisonment for such violations. The law
prohibits the publication of pictures of uncovered women in the print
media, including pictures of foreign women. There are penalties for
failure to observe Islamic dress codes at work (see Section 6.a.).
Discrimination against women is reinforced by law
through provisions of the Islamic Civil and Penal Codes, in particular
those sections dealing with family and property law. Shortly after
the 1979 revolution, the Government repealed the Family Protection Law, a
hallmark bill that was adopted in 1967, which gave women 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.
The bill provided for women to be treated only by female physicians and men
by male physicians and raised questions about the quality of care that
women could receive under such a regime, considering the current imbalance
between the number of trained and licensed male and female physicians and
specialists.
In October the Parliament passed a bill to raise the
legal age of marriage for women from 9 to 15. However, the Council of
Guardians in November rejected the bill as contrary to Islamic law,
although even under the current law, marriage at the minimum age is rare.
All women, no matter the age, must have the permission of their father or a
living male relative in order to marry. The law allows for the
practice of Siqeh, or temporary marriage, a Shi'a custom in which a woman
or a girl may become the wife of a married or single Muslim male after a
simple and brief religious ceremony. The Siqeh marriage can last for
a night or as little as 30 minutes. The bond is not recorded on
identification documents, and, according to Islamic law, men may have as
many Siqeh wives as they wish. Such wives are not granted rights
associated with traditional marriage.
The Penal Code includes provisions that mandate the
stoning of women and men convicted of adultery (see Sections 1.a and 1.c.).
Under legislation passed in 1983, women have the right to divorce, and
regulations promulgated in 1984 substantially broadened the grounds on
which a woman may seek a divorce. However, a husband is not required
to cite a reason for divorcing his wife. In 1986 the Government
issued a 12-point "contract" to serve as a model for marriage and
divorce, which limits the privileges accorded to men by custom and
traditional interpretations of Islamic law. The model contract also
recognized a divorced woman's right to a share in the property that couples
acquire during their marriage and to increased alimony rights. Women
who remarry are forced to give up to the child's father custody of children
from earlier marriages. In 1998 the Majles passed a law that granted
custody of minor children to the mother in certain divorce cases in which
the father is proven unfit to care for the child (the measure was enacted
because of the complaints of mothers who had lost custody of their children
to former husbands with drug addictions and criminal records). Muslim
women may not marry non-Muslim men. The testimony of a woman is worth
only half that of a man in court (see Section 1.e.). A married woman
must obtain the written consent of her husband before traveling outside the
country (see Section 2.d.).
Children
Most children have access to education through the 12th
grade (it is compulsory to age 11), and to some form of health care.
There is no known pattern of child abuse.
People With Disabilities
There is no available information regarding whether the
Government has legislated or otherwise mandated accessibility for the
disabled. However, the Cable News Network reported in 1996 on the
harsh conditions in an institution for retarded children who had been
abandoned by their parents. Film clips showed children tied or
chained to their beds, in filthy conditions, and without appropriate care.
It is not known to what extent this represents the typical treatment of the
disabled.
Religious Minorities
Members of all religious minorities suffer varying
degrees of officially sanctioned discrimination, particularly in the areas
of employment, education, and housing. Applicants for public-sector
employment are screened for their adherence to Islam. The law
stipulates penalties for government workers who do not observe
"Islam's principles and rules." Article 144 of the
Constitution states that "the Army of the Islamic Republic of Iran
must be an Islamic army," which is "committed to an Islamic
ideology," and must "recruit into its service individuals who
have faith in the objectives of the Islamic Revolution and are devoted to
the cause of achieving its goals." Apostasy, or conversion from
Islam to another religion, is punishable by death.
The Christian, Jewish, Zoroastrian, and Baha'i
minorities suffer varying degrees of officially sanctioned discrimination,
particularly in the areas of employment, education, and public
accommodations (see Section 2.d.). For example, members of religious
minorities generally are barred from becoming school principals.
Muslims who convert to Christianity also suffer discrimination.
Apostasy, or conversion from Islam to another religion, may be punishable
by death.
University applicants are required to pass an
examination in Islamic theology. Although public-school students
receive instruction in Islam, this requirement limits the access of most
religious minorities to higher education.
Religious minorities suffer discrimination in the legal
system, receiving lower awards in injury and death lawsuits and incurring
heavier punishments than Muslims.
Jewish groups outside Iran noted that the arrest of 13
Jewish individuals in February and March 1999, as well as their subsequent
trial during the year, coincided with an increase in anti-Semitic
propaganda in newspapers and journals associated with hard-line elements of
the Government (see Section 2.c.). They also note that the Shirazi
Jewish community, one of the oldest remaining Jewish communities outside
Israel, had been under close surveillance by government authorities prior
to the arrests and had been warned by the authorities against certain
activities, such as the publication in Persian of scriptures and guidelines
for the treatment of kosher foods.
In 1993 the U.N. Special Representative reported the
existence of a government policy directive to block the progress of Baha'is
(see Section 2.c.).
Properties belonging to the Baha'i community as a whole,
such as places of worship and graveyards, were confiscated by the
Government in the years after the 1979 revolution and, in some cases,
defiled. Baha'is are prevented from enrolling in universities.
However, other Government restrictions have eased; Baha'is currently may
obtain ration booklets and send their children to public elementary and
secondary schools. Thousands of Baha'is who were dismissed from
government jobs in the early 1980's receive no unemployment benefits and
have been required to repay the Government for salaries or pensions
received from the first day of employment. Those unable to do so face
prison sentences (see Sections 1.d. and 2.c.).
National/Racial/Ethnic Minorities
The Kurds seek greater autonomy from the central
Government and continue to suffer from government discrimination. The
Kurds' status as Sunni Muslims is an aggravating factor in their relations
with the Shi'a-dominated government. These tensions predate the
revolution. Kurds often are suspected by government authorities of
harboring separatist or foreign sympathies. These suspicions have led
to sporadic outbreaks of fighting between government forces and Kurdish
groups. Human Rights Watch reported in September 1997 that in the
wake of the Gulf War and the creation of an autonomous Kurdish zone in
northern Iraq, Iranian authorities increased their military presence in
Kurdish areas of Iran, which often led to human rights abuses against
Kurds. Abuses included destruction of villages, forced migrations,
and widespread mining of Kurdish property. In 1994 government agents
killed Dr. Abdul Rahman Gassemlou, a representative of the Kurdish
Democratic Party of Iran in Vienna.
In the wake of the February 1999 arrest of Kurdish
Workers Party leader Abdullah Ocalan in Turkey, Iranian Kurds demonstrated
in numerous cities in Iranian Kurdistan. In several instances,
security forces suppressed the demonstrations by force. Human rights
groups reported at least 20 deaths and several hundred arrests during the
violence (see Sections 1.a. and 2.b.).
Azeris are well integrated into the Government and
society, but complain of ethnic and linguistic discrimination. The
Government traditionally has viewed Azeri nationalism as threatening,
particularly since the dissolution of the Soviet Union and the creation of
an independent Azerbaijan. Mohammed Chehrangi, an advocate for the
cultural rights of Azeris, was arrested in December 1999. Azeri
groups maintain that the arrest was made to prevent his registration as a
candidate for the February parliamentary elections (see Sections 1.d. and
3).
Section 6 Worker Rights
a. The Right of Association
The Labor Code grants workers the right to establish
unions; however, the Government does not allow independent unions to exist.
A national organization known as the Worker's House, founded in 1982, is
the sole authorized national labor organization. It serves primarily
as a conduit for the Government to exert control over workers. The
leadership of the Worker's House coordinates activities with Islamic labor
councils, which are made up of representatives of the workers and one
representative of management in industrial, agricultural, and service
organizations of more than 35 employees. These councils also function
as instruments of government control, although they frequently have been
able to block layoffs and dismissals.
In 1991 the Government published a new Labor Code that
allowed employers and employees to establish guilds. The guilds issue
vocational licenses and help members find jobs.
The Government does not tolerate any strike deemed to be
at odds with its economic and labor policies. In 1993 the Parliament
passed a law that prohibits strikes by government workers. It also
prohibits government workers from having contacts with foreigners and
stipulates penalties for failure to observe Islamic dress codes and
principles at work. Nevertheless, strikes occur, and apparently in
increasing numbers as the economy has worsened. A European-based
labor organization that follows Iranian labor issues reported 181 protests
and strikes by workers in the period from March 1998 to March 1999.
These reportedly included strikes and protests by oil, textile, electrical
manufacturing, and metal workers, and by the unemployed.
Newspapers in 1999 reported an "unauthorized
rally" by thousands of workers over the Government's labor policies
and the poor economy. Instances of late or partial pay for government
workers reportedly are common.
There are no known affiliations with international labor
organizations.
b. The Right to Organize and Bargain
Collectively
Workers do not have the right to organize independently
and negotiate collective bargaining agreements. No information is
available on mechanisms used to set wages. It is not known whether
labor legislation and practice in the export processing zones differ from
the law and practice in the rest of the country.
c. Prohibition of Forced or Compulsory Labor
The Penal Code provides that the Government may require
any person who does not have work to take suitable employment; however,
this does not appear to be enforced regularly. This provision has
been criticized frequently by the International Labor Organization (ILO) as
contravening ILO Convention 29 on forced labor. There is no
information available on the Government's policy on forced and bonded labor
by children.
d. Status of Child Labor Practices and Minimum Age
for Employment
The Labor Law prohibits employment of minors under 15
years of age and places special restrictions on the employment of minors
under age 18. Education is compulsory until age 11. The law
permits children to work in agriculture, domestic service, and some small
businesses. By law women and minors may not be employed in hard labor
or, in general, night work. Information on the extent to which these
regulations are enforced is not available. There is no information
available on the Government's policy on forced and bonded labor by children
(see Section 6.c.). A 1985 law provides for 3 months of paid
maternity leave, and 2 half-hour periods per day for nursing mothers to
feed their babies.
e. Acceptable Conditions of Work
The Labor Code empowers the Supreme Labor Council to
establish annual minimum wage levels for each industrial sector and region.
It is not known if the minimum wages are adjusted annually or enforced.
The Labor Code stipulates that the minimum wage should be sufficient to
meet the living expenses of a family and should take inflation into
account. Under current poor economic conditions, many middle-class
citizens must work two or even three jobs to support their families.
The daily minimum wage was raised in March 1997 to $2.80 (8,500 rials).
This wage apparently is not sufficient to provide a decent standard of
living for a worker and family. Information on the percentage of the
working population covered by minimum wage legislation is not available.
The Labor Code establishes a 6-day workweek of 48 hours
maximum, with 1 weekly rest day, normally Fridays, and at least 12 days of
paid annual leave and several paid public holidays.
According to the Labor Code, a Supreme Safety Council,
chaired by the Labor Minister or his representative, is responsible for
promoting workplace safety and health. The Council reportedly has
issued 28 safety directives, and oversees the activities of 3,000 safety
committees established in enterprises employing more than 10 persons.
Labor organizations outside the country allege that hazardous work
environments are common in Iran, and result in thousands of worker deaths
per year. It is not known how well the Ministry's inspectors enforce
regulations. It is not known whether workers may remove themselves
from hazardous situations without risking the loss of employment.
f. Trafficking in Persons
The law does not prohibit specifically trafficking in
persons; however, there were no reports that persons were trafficked to,
from, within, or through the country.
*The United States does not have an embassy
in Iran. This report draws heavily on non-U.S. Government sources.
Source: The
Country Reports on Human Rights Practices, U.S. State Department,
February 2000.
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