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Report on Human Rights Practices for 2001
Iran
The Islamic Republic of Iran1 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 Khamene'i,
is the Supreme Leader of the Islamic Revolution and has direct control
over the armed forces, the internal security forces, and the judiciary.
Mohammad Khatami was elected to a second 4-year term as President in a
popular vote in June, with 77 percent of the vote. A popularly elected
290-seat unicameral Islamic Consultative Assembly, or Majles, develops
and passes legislation. Reformers and moderates won a landslide victory
in the February 2000 Majles election, and 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. A Council of Guardians reviews all legislation passed by the Majles
for adherence to Islamic and constitutional principles. The Council 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 the
power to screen and disqualify candidates for elective offices based on
an ill-defined set of requirements, including candidates' ideological
beliefs. According to Human Rights Watch (HRW), the Council of Guardians
rejected the candidacy of 145 out of the 356 candidates who filed to run
for 17 seats in the special Majles election held concurrently with the
Presidential election in June. This constituted a far higher percentage
than were rejected in the February 2000 Majles elections. 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), act as vigilantes, and intimidate and threaten physically demonstrators,
journalists, and individuals suspected of counterrevolutionary activities.
The Ansar-e Hezbollah often are aligned with particular members of the
leadership. Both the regular and the 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 country has a population
of approximately 65,620,000. 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 publicly owned 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 from other figures associated with the monarchy.
The bonyads exercise considerable influence in the economy, but neither
account publicly for revenue nor pay taxes. The Government subsidizes
basic foodstuffs and energy costs heavily. Oil exports account for nearly
80 percent of foreign exchange earnings. Private property rights largely
are respected. Although economic performance had improved somewhat when
worldwide oil prices increased, the recent fall in prices has had an
adverse effect. Government mismanagement and corruption also negatively
affect economic performance. Unemployment is estimated to be between
25 and 30 percent, and inflation approximately 20-25 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 significantly
restricts citizens' right to change their government. Systematic abuses
include summary executions, disappearances, widespread use of torture
and other degrading treatment, reportedly including rape, severe punishments
such as stoning and flogging, harsh prison conditions, arbitrary arrest
and detention, and prolonged and incommunicado detention.
Judicial proceedings against some government officials for misconduct
continued; however, perpetrators usually go unpunished. A group of 20
police officials was brought to trial in March 2000 for their actions
in an attack on a Tehran University student dormitory in July 1999.
However, according to the U. N. Special Representative for Iran of the
Commission on Human Rights (UNSR), all but one were cleared of charges
and released; the court sentenced one individual to 6 months in prison.
In December 2000, 18 former officials of the Intelligence Ministry were
tried before a military court in closed proceedings for the killings
of four dissidents in 1998. On January 27, 15 were convicted. However,
the Supreme Court reversed the convictions in August.
The influence of conservative government clerics, which pervades the
judiciary, often prevents citizens from receiving 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.
Over the last 2 years, the Government has closed nearly all reform-oriented
publications, and brought charges against prominent political figures
and members of the clergy for expressing ideas viewed as contrary to
the ruling orthodoxy. The Ministry of Culture and Islamic Guidance continued
to issue licenses for the establishment of newspapers and magazines,
some of which eventually challenged government policies, but those,
too, were shut down.
The Government restricts freedom of religion. Religious minorities,
particularly Baha'is--who are viewed not as a religious group, but as
a heretical group and a subversive political organization--continued
to suffer repression by conservative elements of the judiciary and security
establishment. In July 2000, 10 Iranian Jews were tried and convicted
on charges of having illegal contact 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. Their appeal to the Supreme Court was rejected in January.
One was released at the conclusion of his 2-year sentence in March,
but the other nine remain in prison.
The Government controls the selection of candidates for elections.
An 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 was
played out within the Government itself, with reformists and hard-liners
squaring off in divisive internal debates. During the year, reformist
members of Parliament were harassed, and for the first time, prosecuted
and jailed for statements made under cover of parliamentary immunity.
Khatami's June reelection does not appear to have resulted in meaningful
reform. To the contrary, the repression of reformers, including parliamentarians,
continued, and according to some reports, intensified.
The Government restricts the work of human rights groups and continues
to deny entry to the UNSR. Violence against women occurs, and women
face legal and societal discrimination. The Government discriminates
against religious and ethnic minorities and severely 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. There
were reports of trafficking in persons.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life
The Government has been responsible for numerous killings, and during
the year reportedly there were executions that took place following
trials in which there was a lack of due process.
There were anecdotal reports of security forces killing persons during
the October "soccer riots." The Government acknowledged that
it arrested hundreds of persons, but denies that anyone was killed.
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). HRW
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 UNSR, based on media
reports, cited an estimated 60 executions from January through July,
down from 130 during the same period last year. The Government has not
cooperated in providing the UNSR with a precise number of executions
carried out. The UNSR reported that approximately two thirds of the
executions took place in public, contrary to regulations, and that state
television broadcasted scenes from hangings on at least two occasions
during the year. He also noted that a woman was hanged publicly on March
19, a very rare event in the Islamic republic. 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 UNSR, 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.). The UNSR reported the stoning
deaths of two women and the sentencing to death by stoning of at least
one other during the year. He cited press reports of the May stoning
death of an unnamed 35-year-old woman at Evin Prison in Tehran, who
was arrested 8 years earlier on charges of appearing in pornographic
films. He also reported that the Supreme Court upheld the sentence of
death by public stoning of 38-year-old Maryam Ayoubi, who was convicted
for the murder of her husband. Her sentence was carried out in Evin
Prison in July. The UNSR reported that a third woman was sentenced in
June to death by stoning for the murder of her husband. 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 killings of several prominent
Iranian dissidents and intellectuals in late 1998 continued throughout
the year. The case involved the killings, 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 has never been found (see Section 1.b.). In February 2000, after
several senior figures of the leadership blamed the disappearances and
killings 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 identifying
a cell within the Ministry of Intelligence led by four "main agents"
as responsible for the killings. The leader among the agents was reportedly
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 the release of the Government's report.
The report also indicated that 23 persons had been arrested in connection
with the killings and that a further 33 were summoned for interrogation.
In the early part of 2000, the Government announced that 18 men would
stand trial in connection with the killings. The trial began in late
December 2000 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 still is unknown,
but former Minister of Intelligence Dori-Najafabadi has not been charged.
HRW reported that on January 27, a court convicted 15 out of the 18
defendants for the killings. Three were sentenced to death, five to
life in prison, and seven to prison terms of between 21/2 to 10 years.
However, HRW also reported that the trial did not clarify who actually
ordered the murders. Several high-ranking figures were mentioned as
possible suspects in the press, but they were not charged, and the trial
did not produce any incriminating information regarding their involvement.
According to HRW, during the summer, the Supreme Court reversed the
convictions of the 15 Ministry of Intelligence officials. There was
no decision by year's end regarding whether they would be forced to
retire.
Frustration over the slow pace of the murder investigation and doubt
about the Government's willingness to investigate the case more fully
have been frequent topics of criticism of the Government, particularly
by those advocating greater adherence to the rule of law. Reform-oriented
journalists and prominent cultural figures publicly demanded a full
accounting in the case and have speculated that responsibility for ordering
the killings lay at the highest level of the Government. Several citizens,
including prominent investigative journalist Akbar Ganji, were arrested
in connection with statements they made about the case (see Sections
1.c. and 1.e.). In December 2000, 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.
The UNSR reported in August that the serial murders of late 1998 and
early 1999 continued to cause controversy at what is perceived to be
as the Government's cover-up of involvement of high-level officials
in the affair. The UNSR also reported rumors suggesting that there were
more than 80 murders or disappearances over a 10-year period as part
of a wider campaign to silence dissent.
According to the National Spiritual Assembly of the Baha'is of the
United States, since 1979 more than 200 Baha'is have been killed and
15 others have disappeared and are presumed dead.
One organization in 1999 reported eight deaths of evangelical Christians
at the hands of the authorities in the previous 10 years (see Section
2.c.).
Numerous Sunni clerics have been killing 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 UNSR reported in 1998 that Italian security
authorities were continuing 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 regarding the number of disappearances.
In the period immediately following arrest, many detainees are held
incommunicado and denied access to lawyers and family members.
According to Amnesty International, Siamak Pourzand, the manager of
the Tehran Cultural Center, disappeared in Tehran on November 24, and
is believed to be in government custody. His daughter claims that he
had not been heard from by year's end. Pourzand is the husband of human
rights lawyer Mehrangiz Kar, who still faces charges in connection with
her participation in the April 2000 Berlin conference (see Section 1.e.).
Pirouz Davani, a political activist who disappeared in late 1998 along
with several other prominent intellectuals and dissidents who were later
found murdered, remains unaccounted for, and is believed to have been
killed for his political beliefs and activism (see Section 1.a.).
According to the National Spiritual Assembly of the Baha'is of the
United States, since 1979 more than 200 Baha'is have been killed and
15 have disappeared and are presumed dead.
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 were reportedly 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 were numerous
credible reports that security forces and prison personnel continued
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 punishments
for adultery (see Section 1.a.).
During the year, HRW reported that public floggings were "increasingly
used for a wide range of social offenses, including breaches of the
dress code, despite opposition from Interior Ministry officials who
questioned the effectiveness of such punishments." For example,
eight men convicted of drinking alcohol and causing public disturbance
were flogged publicly in Tehran in July. Authorities flogged the men
with 70 to 80 lashes.
HRW also reported that clashes between police and demonstrators broke
out at public floggings and executions in Tehran in July and August
when protesters demonstrated against these forms of punishment.
In November 2000, investigative journalist Akbar Ganji went on trial
for statements he allegedly made during an April 2000 conference in
Berlin regarding Iranian politics (see Sections 1.e. and 2.a.). He was
arrested upon his return to the country 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 2000, 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
UNSR noted numerous credible reports that students arrested following
the demonstration were tortured in prison (see Sections 1.a., 1.d.,
and 2.b.).
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. In
his 2000 report, the UNSR reported receiving numerous reports of prisoner
overcrowding and unrest, and cited a reported figure of only 8.2 square
feet (2.5 square meters) of space available for each prisoner. In his
August report, the UNSR noted that the head of the National Prisons
Organization (NPO) had told him that the prison population had risen
40 percent over the past year. The UNSR reported that much of the prisoner
abuse was occurring in unofficial detention centers run by the secret
service and military, among others. The UNSR further reported that according
to the head of the NPO, the unofficial detention centers officially
were brought under the control of the NPO during the year. In his latest
report, the UNSR was unable to determine whether the change actually
had taken place, and whether it had impacted the number of cases of
prisoner abuse. HRW has reported that Prison 59 in Tehran, which is
located in a Revolutionary Guard compound, is the only remaining prison
that has not been brought under the jurisdiction of the NPO. Access
to Prison 59 had been denied, including to Members of Parliament and
the President's staff. During the year, the Iranian Human Rights Working
Group reported that conditions for political prisoners have deteriorated.
The group further noted that prisoner Reza Raiss-Toussi appeared physically
ill and disoriented at his court hearing in March. He stated that prison
officials keep him blindfolded at all times he is out of his cell.
According to HRW, in August a parliamentary group investigating abuses
committed by state institutions produced a still-unreleased report that
cites a large increase in the number of persons being imprisoned, more
than two-thirds of them for drug-related offenses. It also noted that
HIV/AIDS and other diseases were spreading rapidly throughout the prison
population.
Other than the ICRC, 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.
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
2000 Majles elections (see Sections 3 and 5).
In March authorities closed the 50-year-old Iran Freedom Movement for
"attempting to overthrow the Islamic regime." HRW reported
that the closure came after the March 11 arrest of 21 independent political
activists, including a former chancellor of Tehran University. The activists
were associated with religious-nationalism, which advocates constitutional
Islamic rule and a respect for democratic principles. The Government
has arrested more than 40 persons for association with the Freedom Movement,
including one of its founders, the prominent legal scholar Dr. Seyed
Ahmad Sadr Haj Seyed Javadi. Security forces also reportedly ransacked
the offices of the Bazargan Cultural Foundation and the Society of Islamic
Engineers while searching for suspects.
In February and March 1999, security forces in the cities of Isfahan
and Shiraz arrested 13 Jews. 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 2000. 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." The court eventually
convicted 10 of the 13 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.).
Authorities detained as many as 1,500 students following student protests
on July 8, 1999, and subsequent riots. Many of them remain in prison
at year's end (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 whom 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. Sources claim
that such arrests are carried out to "terrorize" the community
and to disrupt the lives of its members. Most of those arrested are
charged and then quickly released. However, the charges against them
are often not dropped, forcing them to live in a continuing state of
uncertainty and apprehension (see section 2.c.). According to Baha'i
sources, five Baha'is remained in prison as of the end of October, including
two who were convicted of either apostasy or "actions against God"
and sentenced to death. In October authorities released two Baha'is
from prison in Mashad. One of those, whose original death sentence was
reduced to 51/2 years was released after serving 5 years. The other
was released after completing his 4-year sentence, which had been reduced
from his original sentence of 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 regarding political and governance issues are at
variance with the ruling orthodoxy. Several of these figures dispute
the legitimacy and position of the Supreme Leader, Ayatollah Ali Khamenei.
These clerics include Ayatollah Seyyed Hassan Tabataei-Qomi, who has
been under house arrest in Mashad for more than 15 years, Ayatollah
Ya'asub al-Din Rastgari, who has been under house arrest in Qom since
late 1996, and Ayatollah Mohammad Shirazi, who died in December while
under house arrest in Qom. Ayatollah Hossein Ali Montazeri, the former
designated successor of the late Spiritual Leader, Ayatollah Khomeini,
and an outspoken critic of the 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.
Iran and Iraq continued to exchange 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 the issue between the two governments was not
achieved by year's end.
Although reliable statistics are not available, international observers
believe that between scores and hundreds of citizens are detained for
their political beliefs.
No information is available regarding whether the law prohibits forced
exile. The Government uses internal exile as a punishment.
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 November 2000, a Revolutionary Court began the trials of 17 writers,
intellectuals, and political figures who took part in an April conference
in Berlin regarding the implications of the February 2000 Majles elections
(see Section 3). The 17 defendants included 12 persons who had attended
the conference and who were arrested upon their return to Iran. They
were charged with taking part in antigovernment and anti-Islamic activities,
and included investigative journalist Akbar Ganji, newspaper editor
Mohammed Reza Jalaipour, Member of Parliament Jamileh Kadivar, women's
rights activists Mehrangiz Kar and Shahla Lahidji, opposition politician
Ezzatollah Sahabi, student leader Ali Afshari, and others, including
two translators for the German Embassy in Tehran. According to HRW,
on January 13, the Court convicted seven of them on the vague charge
of "having conspired to overthrow the system of the Islamic Republic."
The Court convicted three other defendants on lesser charges, imposing
fines and suspended sentences, and acquitted seven others. The trial
reportedly was closed, and HRW claimed that it violated recognized international
standards for free trial because several of the defendants were held
for months without access to legal counsel.
According to HRW, the sentences handed down by the Court included:
10 years in prison and then 5 years of internal exile for journalist
Ganji (his sentence was reduced to 6 months on appeal, but increased
to the original 10 years by the Tehran Press Courts); 10 and 9 year
sentences for the 2 translators employed by the German Embassy in Tehran;
5 years for student leader Afshari; 41/2 years for politician Ezzatollah
Sahabi; and 4 years each for Lahidji and Kar. Sahibi's appeal of that
verdict had not been heard by year's end. He was provisionally released
but rearrested following public remarks he made in March, and remained
in detention without new charges being filed against him at year's end.
For a time, Kar was not allowed to travel abroad for medical treatment
for breast cancer. Kar's husband Siamak Pourzand disappeared in late
November and has not been heard from since (see Section 1.b.).
In late December 2000, a military court began the trials of 18 persons
in connection with the killings of several prominent dissidents and
intellectuals in late 1998 (see Section 1.a.). In January 15 of the
defendants were convicted; however, the results were overturned by the
Supreme Court in August.
The legitimacy of the Special Clerical Court (SCC) system continued
to be a subject of debate. 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 allege that the clerical courts are used to prosecute
certain clerics for expressing controversial ideas and for participating
in activities outside the sphere of religion, such as journalism.
During the latter part of 2000, an SCC 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 had called for more liberal interpretations
of Islamic law in certain areas. He was sentenced to death, but the
sentence was overturned on appeal in May. He was permitted a 2-day furlough
from prison in September.
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 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.
It is difficult for 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 2000, stated in 1996 that the Baha'i
faith is 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 more than 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 to him. He has been a frequent
victim of torture in prison; he suffered a ruptured eardrum due to repeated
beatings, kidney failure resulting from denial of access to toilet facilities,
and an untreated prostate condition. He reported 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
the country noted reports that Saidzadeh's 1998 sentence also included
a prohibition on publishing. He has ceased authoring monthly columns
on legal issues, many focusing on the rights of women, since the time
of his detention.
In December 2000, 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 other officials had been arrested on corruption charges. Some sources
outside the country claim that Shahroudi used this initiative to purge
the judiciary of some of its more moderate elements in the guise of
fighting corruption.
No estimates are available regarding 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 parts 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. For example,
more than 1,000 satellite dishes were confiscated after the October
soccer riots, according to press reports (see Section 2.a. and 2.b.).
Enforcement appears to be arbitrary, varying widely with the political
climate and the individuals involved. Authorities reportedly can be
bribed in some of these circumstances.
There were reports during the year that authorities in several cities
confiscated homes and property of a number of Baha'is (see Section 2.c.).
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
in 1997, 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.
During the year, approximately 60 parliamentarians were arrested and
charged with "inciting public opinion." The cases were a result
of the ongoing conflict between reformist parliamentarians and the hardline
judiciary over precisely what type of speech is protected by parliamentary
immunity (see Section 1.d.).
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 regarding
the personality and achievements of the late Leader of the Revolution,
Ayatollah Khomeini; direct criticism of the 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 the past, recommendations made by Press Court juries for relatively
lenient penalties often were disregarded by the presiding judge in favor
of harsher measures, including closure. Recently some human rights groups
have indicated that the increasingly conservative Press Court has assumed
responsibility for cases before they have been considered by the Press
Supervisory Board, thus resulting in harsher judgements in many cases.
In March 2000, immediately after the success of reformers to capture
a majority of seats in Parliament in the February 2000 parliamentary
elections, 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 2000), introduced
a bill in August 2000 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 Government's record regarding freedom of expression, which has
worsened during the past few years, continued to deteriorate. 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 issues such licenses at a much slower rate than
in past years. Beginning in late April 2000, 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 the end of 2000, more than
30 independent newspapers and journals were closed. A few mildly proreform
newspapers continued to publish, but with restrictions. Hamshahri, a
daily newspaper published by the Tehran municipality, was ordered to
restrict its circulation to the Tehran city limits. Others continued
to publish, but only with heavy self-censorship.
Dozens of individual editors and journalists have been 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
2000, Ganji went on trial for statements that he made at a conference
in Berlin regarding Iranian politics (see Sections 1.c. and 1.e.).
HRW reported that at a televised news conference on August 21, 2000,
President Khatami stated that the situation regarding the press and
other media cases is "not satisfactory". HRW also quoted conservative
Ayatollah Mesbah Yazdi, who reportedly said on October 3, 2000 that
the Government should have "hanged all these idle babblers."
In December 2000, Minister of Culture and Islamic Guidance Ataollah
Mohajerani, a moderate who had attempted to protect press freedoms,
resigned, representing a further setback to the protection of freedom
of the press.
Press freedom continued to deteriorate during the year. HRW reported
that the Government closed philosophical and cultural monthly Kiyan
in January. The Government also closed one daily and three monthly independent
newspapers in March. Authorities arrested journalists Fariba Davoodi-Mohajer,
Mohammed Vali-Beig, and Massoud Behnoud in February, and arrested Hoda
Saber and Reza Alijani in March. HRW claimed that by November, more
than 50 daily and weekly newspapers had been issued closure orders,
and that more than 20 journalists, editors, and publishers remained
in prison. In November the Committee to Protect Journalists published
a report in which it reported 16 cases of government closures of newspapers.
The Government carefully monitors the statements and views of the country's
senior religious leaders to prevent dissent within the clerical ranks.
In November 1997, Ayatollah Hossein Ali Montazeri, a cleric formerly
designated as the successor to the late Spiritual Leader Ayatollah Khomeini,
called into question the authority of the 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
on a Koranic school in Qom run by Montazeri. The promotion of Montazeri's
views were among the charges brought against clerics Mohsen Kadivar
and former Interior Minister Abdollah Nouri at hearings of the Special
Clerical Court in 1999 (see Section 1.e.).
The press reported throughout 2000 that several persons were jailed
for expressing support for Grand Ayatollah Montazeri. In October 2000,
Akbar Tajik-Saeeki, identified as the prayer leader at a Tehran mosque,
reportedly was jailed by the SCC for signing a petition that protested
the continued detention of Grand Ayatollah Montazeri. In December 2000,
one of Montazeri's sons was arrested for distributing his father's writings.
HRW reported that there were a number of protests against Montazeri's
detention during the year, including a letter circulated in June by
his children asking that the Government lift restrictions on him, and
a petition signed on Montazeri's behalf by 126 out of the 290 members
of Parliament.
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 (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
killed, 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. The Government
confiscated many satellite dishes in the wake of the October soccer
riots (see Section 2.b.).
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 1997 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. 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.
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 October riots and demonstrations broke out throughout the country
after the national soccer team lost a match it had been heavily favored
to win. The main participants in the unrest were young persons, who
appeared to use the situation to show their general displeasure with
the restrictive lifestyle imposed on them by the Government. The Government
arrested hundreds of persons. There were anecdotal reports that some
demonstrators were killed; however, the Government denied this.
The UNSR reported that in December 2000, police forcefully disrupted
a peaceful demonstration by Kurdish students at the University of Tehran,
injuring and arresting a number of the demonstrators.
In August 2000, two leading reform intellectuals, Mohsen Kadivar and
Abdul Karim Soroush, were prevented by semiofficial vigilantes armed
with clubs and knives 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 University of Tehran 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. HRW reported that, according to witnesses,
at least 4 students were killed in the assault on the dormitory, 300
were injured, 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 14th 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 in 2000.
The UNSR's 2000 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 2000, 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 limits freedom of association. The Constitution provides
for the establishment of political parties, professional associations,
Islamic religious groups, and organizations for recognized religious
minorities, provided that such groups do not violate the principles
of "freedom, sovereignty, and national unity," or question
Islam as the basis of the Islamic Republic. 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 1999, "85
political, 115 specialized, and 26 religious minority organizations
and associations" were active in the country.
In March the Government closed the 50-year-old Iran Freedom Movement
for "attempting to overthrow the Islamic regime" (see Section
1.d.).
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 heretics belonging to an outlawed political organization.
Registration of Baha'is 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 fronts 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 constitute less than
1 percent of the population. Sufi brotherhoods are popular, but there
are no reliable figures available to judge their true size.
Other than seats set aside in the Parliament for one representative
each from the Jewish, Christian, and Zoroastrian communities, religious
minorities are barred from being elected to a representative body and
from holding senior government or military positions (see Sections 3
and 5).
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 generally allows recognized religious minorities to
conduct religious education of their adherents, although it restricts
this right considerably in some cases. There are separate and privately
funded Zoroastrian, Jewish, and Christian schools. The schools are supervised
by the Ministry of Education, which imposes certain curriculum requirements.
With few exceptions, the directors of the private schools must be Muslim.
Attendance at the 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 use non-Persian
languages to provide religious instruction, but often teach in Persian.
Since the authorities understand what is being said in Persian, they
may exercise greater control over what is being taught than they would
be able to if the instruction were in a non-Persian language. In particular,
evangelical Christian and Jewish communities have suffered harassment
and arrest by authorities for the content of school instruction and
religious services.
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 very existence in the country.
In 1993 the UNSR reported the existence of a government policy directive
regarding 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 government practice
to slowly eradicate the Baha'i community.
In September in conjunction with an appeal connected to the 1998 raids
and property confiscations, the Ministry of Justice issued a report
that reiterated that government policy continued to be to eventually
eliminate them as a community. It stated in part that Baha'is could
only be enrolled in schools provided they did not identify themselves
as Baha'is, and that Baha'is preferably should be enrolled in schools
that have a strong and imposing religious ideology. The report also
stated that Baha'is must be expelled from universities, either in the
admission process or during the course of their studies, once it becomes
known that they are Baha'is.
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.
The legal system discriminates against religious minorities, awarding
lower monetary compensation in injury and death lawsuits and imposing
heavier punishments than on 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 heretical sect, and has fueled anti-Baha'i and anti-Semitic 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 to be discriminated against
by 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 government agents.
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," particularly when Baha'is 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. Baha'is repeatedly have been offered relief from mistreatment
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. They
are permitted access only to areas of wasteland that the Government
designates for their use, and are not allowed to mark graves. Many historic
Baha'i gravesites have been desecrated or destroyed.
In 2000 in the city of Abadeh, a Baha'i cemetery with 22 graves was
bulldozed by a Revolutionary Guard officer. In what seemed to be a hopeful
sign, the Government this year offered the Tehran community a piece
of land for use as a cemetery. However, the land was in the desert,
with no access to water, making it impossible to perform Baha'i mourning
rituals. In addition, the Government stipulated that no markers be put
on individual graves and that no mortuary facilities be built on the
site, making it impossible to perform a proper burial.
According to the National Spiritual Assembly of the Baha'is of the
U.S., since 1979 more than 200 Baha'is have been killed and 15 disappeared
and are presumed dead. The Government continued to imprison and detain
Baha'is based on their religious beliefs.
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
2000. 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 had
held a 2-day trial in September 1999 and then sentenced him to death
in February 2000. 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 Baha'is Sirus Zabihi-Moghaddam and Hadayat Kashefi-Najafabadi,
were tried alongside Rowhani in 1998 and later sentenced to death by
a revolutionary court in Mashad for practicing their faith. In 2000
the sentences were reduced to jail terms of 7 and 5 years, respectively.
Kashefi-Najafabadi was released in October after serving 4 years of
his sentence.
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, which is
particularly demoralizing 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 recent months, 14 Baha'i homes were seized
and handed over to an agency of Supreme Leader Khamene'i. According
to sources, authorities confiscated Baha'i properties in Kata and forced
several families to leave their homes and farmlands. Authorities also
imprisoned some, and did not permit others to harvest their crops. Sources
also report that authorities in Tehran, Isfahan, and Shiraz also confiscated
private Baha'i property during the year. In one instance, a woman from
Isfahan who legally traveled abroad found that her home had been confiscated
when she returned home. This year the Government also seized private
homes in which Baha'i youth classes were held despite the owners having
proper ownership documents. 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. The Government's
seizure of Baha'i personal property, as well as its 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 carried out 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 government tactic to
discourage Baha'is from taking part in monthly religious gatherings.
In September 1998, authorities conducted a nationwide raid of more
than 500 homes and offices owned or occupied by Baha'is 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 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 were 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 five Baha'is reported to be under arrest for
practicing their faith at year's end, two under sentence of death. In
addition the Government appears to engage in harassment of the Baha'i
community by arresting persons arbitrarily, charging Baha'is, and then
releasing them, often without dropping the charges against them. Those
with charges still pending against them fear that they may be arrested
at any time.
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).
The Government often prevents Baha'is from traveling outside the country.
In February the Government denied visas to the Baha'i delegation to
the Regional Preparatory Conference for the World Conference on Racism,
held in Tehran. The delegation was composed of American, Japanese, South
Korean, and Indian nationals. However, it has become somewhat easier
for Baha'is to obtain passports in order to travel abroad. In addition
some Iranian embassies abroad do not require applicants to state a religious
affiliation. In such cases, Baha'is more likely are able to renew passports.
Over the past 2 years, the Government has taken some positive steps
in recognizing the rights of Baha'is, as well as other religious minorities.
In November 1999, President Khatami publicly stated that no one in the
country should be persecuted because of his or her religious beliefs.
He added that he would defend the civil rights of all citizens, regardless
of their beliefs or religion. Subsequently the Expediency Council approved
the "Right of Citizenship" bill, affirming the social and
political rights of all citizens and their equality before the law.
In February 2000, following approval of the bill, the head of the judiciary
issued a circular letter to all registry offices throughout the country,
which permits any couple to be registered as husband and wife without
being required to state their religious affiliation. This measure effectively
permits the registration of Baha'i marriages in the country. Previously
Baha'i marriages were not recognized by the Government, leaving Baha'i
women open to charges of prostitution. Consequently children of Baha'i
marriages were not recognized as legitimate and therefore were denied
inheritance rights.
The UNSR estimated the Christian Community at approximately 300,000.
Of these the majority are ethnic Armenians and Assyro-Chaldeans. Protestant
denominations and evangelical churches also are active, although nonethnically
based groups report restrictions on their activities. The UNSR reported
that Christians are emigrating at an estimated rate of 15,000 to 20,000
per year.
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. 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.
Since 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 among
Muslims or to allow Muslims to attend church services.
In 1999 one organization reported the deaths of 8 evangelical Christians
at the hands of authorities in the previous 11 years, and between 15
and 23 disappearances between November 1997 and November 1998.
Mistreatment of Evangelical Christians has continued in recent years.
Christian groups have reported instances of government harassment of
churchgoers in Tehran, in particular of 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.
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 Jewish groups outside the country 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.
In principle, with some exception, there appears to be little restriction
or interference with the religious practice of Judaism. However, education
of Jewish children has become more difficult in recent years. According
to sources, the Government in theory allows the teaching of Hebrew,
recognizing that it is necessary for Jewish religious practice. However,
it strongly discourages teachers from distributing Hebrew texts to students,
in practice making it difficult to teach the language. Furthermore the
Government has required that several Jewish schools remain open on Saturdays,
the Jewish Sabbath, in conformity with the schedule of other schools
in the school system. Working or attending school on the Sabbath violates
Jewish religious law, and this requirement has made it difficult for
religious Jews to both attend school and practice their religion.
Jews were gradually dismissed from 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 more than a year before trial, largely in solitary
confinement, without official charges or access to lawyers. In April
2000, 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 UNSR characterized them as "in no way fair." In July 2000,
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. The lawyers of those convicted filed
an appeal and in September 2000, 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. In January the Supreme
Court rejected a final appeal. One of the 10 convicted was released
in February upon completion of his prison term; 9 remained in prison
at year's end.
Jewish groups outside the country 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.
According to the U.N. High Commissioner for Refugees (UNHCR), the Mandaeans
are included among the country's recognized religious minorities. The
small community faces discrimination similar to that experienced by
the country's other pre-Islamic religious minorities.
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 men and citizens who
are politically suspect. Some citizens, particularly those whose skills
are in short supply and who were educated at government expense, had
to 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 at times 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 leaving 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 UNHCR
and other humanitarian organizations in assisting refugees. Although
the Government generally provides first asylum, the Government has 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 2 million Afghan refugees in the country.
Most subsist on itinerant labor, often moving from place to place within
the country. Between April and December 2000, 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.
According to HRW, economic decline, exacerbated by droughts and floods,
led to blaming of Afghans for increasing unemployment and rising crime.
The Government accused many Afghans of involvement in drug trafficking.
The Government arrested and executed many Afghans (see Sections 1.a.
and 1.d.). With the late-year conflict in Afghanistan, many more Afghans
attempted to enter the country across the Iranian border, which the
Government closed in September. The Government set up several refugee
camps just inside Afghanistan to deal with the crisis.
The UNHCR estimates that there were approximately 450,000 to 510,000
Iraqi Kurdish refugees in the country at year's end, of which approximately
83 percent were Shi'a and 17 percent non-Shi'a. An additional 70,000
refugees were Shi'a Arabs. 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 significantly.
The Supreme Leader, the recognized Head of State, is selected for a
life term by the Assembly of Experts. The Assembly of Experts may also
remove the Supreme Leader. 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 Government effectively controls the selection of candidates
for elections.
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
reelected President in a landslide, with 77 percent of the vote. The
UNSR reported that the Guardian Council significantly limited the number
of candidates permitted to run. He noted that the Interior Minister
denounced the "unprincipled disqualification" of candidates.
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.
Elections were held for the 290-seat Majles in February 2000. Of more
than 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 constitute a large majority in the Majles. In
June by-elections were held for Majles seats. The Council of Guardians
reportedly disqualified 100 potential candidates, more than one-quarter
of those wishing to run. Largely due to the disqualification of reform
candidates, conservative candidates or conservatives running as independents
won all six seats up for election. Vigorous parliamentary debates take
place regarding 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.
HRW reported that during the year, approximately 60 reformist members
have been brought to court during the year for a variety of alleged
offenses. In the spring, authorities reportedly arrested Fatima Haghighatjoo,
for inciting public opinion and insulting the judiciary, and for claiming
that the Government tortured and mistreated prisoners. She was the first
sitting Majles member to face prosecution for statements made under
cover of immunity. Authorities released her on bail immediately after
her arrest, but eventually sentenced her to 22 months in prison. In
December her sentence was reduced to 17 months; however, at year's end,
she had not been imprisoned. In December proreform Parliamentarian Hossein
Loqmanian began serving a 13-month sentence for insulting the judiciary.
He became the first Majles member to serve a jail sentence. Two other
Majles members resigned their seats to protest Loqmanian's imprisonment.
According to the New York Times, 4 of the 60 lost their cases by year's
end, but only Loqmanian has so far been imprisoned. The cases were a
result of the ongoing conflict between reformist Parliamentarians and
the hard-line judiciary over precisely what type of speech is protected
by parliamentary immunity.
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 would
have been viewed as a threat to the control of the central Government.
The percentage of women in government and politics does not correspond
to their percentage of the population. They hold 9 of 290 Majles seats.
There are no female cabinet members. In 1997 President Khatami appointed
Masoumeh Ebtekar as deputy president for environmental protection, she
is the first female deputy president since the 1979 Islamic Revolution.
Minister of Islamic Culture and Guidance Ayatollah 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 reserved Majles
seats. However, the UNSR noted in his September 2000 report frequent
assertions that religious minorities, by law and practice, are 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 attempted to monitor government restrictions in their field,
as well as 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 HRW and Amnesty International
are not permitted to establish offices in or conduct regular investigative
visits to the country. HRW 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 UNSR 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,
he 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 UNSR 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 approximately
3,000 currently active files, an estimated 1,000 were related to women
and women's issues.
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 discriminates
on the basis of religion and sex.
Women
Although spousal abuse and violence against women occurred, statistics
regarding such abuse are not available publicly. Abuse in the family
is considered a private matter and seldom is discussed publicly. Rape
is illegal; however, the law rarely is enforced, and rape is a widespread
problem. The Special Representative noted in his September 2000 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.).
Prostitution is illegal. Information regarding the extent of the problem
is not available.
A girls' center in Karaj reportedly was involved in the trafficking
of girls (see Section 6.f.).
Women have access to primary and advanced education; however, social
and legal constraints limit their professional opportunities. In September
2000, the Majles approved a controversial bill to allow single women
to travel abroad for graduate education. The Council of Guardians was
considering the legislation 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. According to the International
Monetary Fund (IMF), there were 2 million women in the work force, of
whom approximately 1.8 million were employed during the year. 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 required companies hiring women to 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. The authorities harass women if
their dress or behavior is considered inappropriate, and women 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 adopted
in 1967, that 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 |