Escalation of state-sanctioned violence, and the violation of Human Rights in Iran

Escalation of state-sanctioned violence, and the violation of Human Rights in Iran

منصور پویان Mansor Pooyan

The 1979 Iran's Constitution sets out basic rights of expression, assembly and association. Yet these were invariably weakened by broadly defined exceptions. The Government also has relied on a set of vaguely worded laws within the Penal Code to suppress peaceful activities or expression perceived as critical of officials or policies, entitled: "Offenses against the National and International Security of the Country". These laws have recently been used to deny detainees the basic due process rights.

Iranian authorities routinely violate freedom of assembly. Since 2005, civil society activists such as women's rights campaigners and labour activists have consistently faced the threat of arrest and have been forcibly dispersed by security forces.

The International Trade Union Confederation indicates that gender-based discrimination runs deep in Iran affecting women's participation in the labour market. Although over 60 per cent of university students are women, they only constitute 15 per cent of the formal economy.

Enjoyment of the freedom of expression has drastically deteriorated since 2005, such as the independent section of the publishing industry. Censorship has been comprehensive and arbitrary ever since, involving both pre- and post-publication. Taboos: including politics, religion and sexuality, have been subject to censorship by The Ministry of Culture and Islamic Guidance. The lack of access to accurate information is also a matter for concern.
Internet access has been severely restricted and legislations are being proposed to make the creation of blogs promoting "corruption, prostitution and apostasy" punishable by death. Websites are required to obtain a license before publication, and are subject to the authority of the Press Supervisory Board. Online publications without license face charges like propaganda against national security and "insult to religion", carrying up to five years imprisonment or death penalty. Persecution of journalists and bloggers has heightened after the disputed Presidential elections in June 2009, with more than 40 prominent newspaper editors, journalists, media workers, cartoonists and bloggers arbitrarily arrested and imprisoned.

Ethnic minorities are deprived from free expression and the right to promote their cultures. Repression against activists belonging to ethnic and religious minorities has been dramatically on the rise. Ethnic minority groups living on bordering areas are treated as second-class citizens and their rights are ignored on a regular basis. Recently the Kurds, more than other minorities living in Iran, have encountered state violence and oppression. The Arabs in Iran face discrimination in the oil sector and civil service. With inadequate political representation, ethnic minorities will not be able to address the injustices at work.

Persecution of religious minorities has worsened systematically. Christians and Baha'is are being persecuted and threatened, experiencing arbitrary arrests and detention on charges with no foundation and with pressure to denounce their religion.

The existence of criminal sanctions, including the death penalty, against sexual activity between consenting adults constitutes another area undermining human rights conventions. Stoning is the penalty for "adultery while being married", although a parliamentary committee had recommended that it be dropped from a revised version of the Penal Code currently under consideration.
In recent years, due to traditional and legal limitations as well as social and economic setbacks, there has been an increase in families living under the poverty line, which are run by women. More than 50 per cent of single parent families belong to the poorest groups. Women have low education with 71 per cent being illiterate and poor. Concrete steps needs to be taken to rectify legal discrimination against women. Women working in governmental bodies and private sector entities are paid less than men. Women are discriminated against in the Civil Code, particularly in marriage, divorce, nationality, custody of children, and inheritance. Women can't preside over a court as judges and Under the Penal Code, a woman's weight of testimony is worth half that of a man. Also according to the Penal Code, women receive half as much compensation for injury or death as men, and girls face prosecution as adults at a much younger age than boys. Excessive emphasis on the gender of the child forms one of the most important barriers to girl's growth in their creative tendencies.

Women and girls are the main victims of domestic violence and honour killings. Because of fear of losing dignity and/or lack of police support and sympathy, these problems are seen as private and women therefore, are subjected to severe abuse. Honour killings are committed mainly in the Kurdistan, West Azerbaijan (among the ethnic Kurd population), Sistan and Baluchistan, and Khuzistan provinces.

Juveniles imprisoned or on death row are frequently denied access to a lawyer. Corporal punishment is lawful as a sentence for crime in the penal system, and as a disciplinary measure in penal institutions. Children are subject to torture and repeated interrogations without the presence of a lawyer, resulting in forced confessions and self-incriminating statements. Cases have been denied appeal even when alleged victims have withdrawn their accusations. Since there is a lack of a system to deal with juvenile cases, children are tried in adult courts, where judges lack expertise to deal with young offenders.

Judicial executions are still taking place in Iran at a rate of at least one per day; juvenile offenders included; for crimes that hardly ever constitute 'the most serious crimes'.

At least 1601 juveniles are waiting on death row for a wide range of "offences," including homosexuality acts incompatible with chastity, apostasy, drug trafficking and involvement in school or street fights that result in a murder. The situation in Iranian prisons particularly for political prisoners and prisoners of conscience are critical. Torture is systematically practiced by prison guards. Torture of prisoners to obtain confessions and as punishment is routine.

Spontaneous protests to denounce the official result of the 2009 election had been violently repressed and thousands have been arbitrarily arrested, including reformers, students, journalists and human rights defenders. Unarmed civilians protesting in the streets have been killed. Following a large-scale demonstration in Tehran on 20 June 2009, shots were fired at the crowd from the top of governmental buildings where paramilitary Basij militias were stationed.

There exist many reports of torture and other kinds of ill-treatment since the disputed presidential elections, such as severe beatings, denial of medical treatment, and sexual assault, including rape. There has been official acknowledgement that at least some detainees were tortured and Supreme Leader Ayatollah Ali Khamenei ordered the closure of Kahrizak detention centre, where treatment had been particularly harsh.

There have been reports of arbitrary detention and extrajudicial summary executions of detainees arrested in post election street demonstrations. There were at least 346 executions under the death penalty in Iran in 2008 and at least 318 in 2009. Over 100 of these had taken place since the disputed presidential election in June.

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Neda for a Free Iran invites all organizations promoting human rights in Iran to get together to form a forum or a coalition as to voice our shared demands louder and clearer.
Thus, Neda for a Free Iran recommends that all NGOs concerning Human Rights abuses in Iran cooperate fully with one another to build a shared international platform and form special procedures to implement Human Rights treaty recommendations following the field areas:

The restoration of freedom of association, assembly and expression in Iran.
The suspension of state-sponsored violence, torture, rape, execution and other forms of human rights violations in Iran. Conversely, all political prisoners should be released immediately and unconditionally.
Prosecution of those responsible for massive human-rights abuses: killings and acts of torture against political prisoners and bringing them before the International Criminal Court or impartial tribunals.
Abolishment of the permit system attached to the publication and distribution of books affecting the freedom to publish, and effective and transparent judicial review of all administrative procedures in this regard.
Repealing all internet censorship restrictions and state blocking and filtering of online content with the view to anchor the online flow of information in the right to freedom of expression.
An end to Iran's policy of assimilation and allow minority and nomadic groups to practise their traditions, religions, languages and history through their communities.
Women and men should be treated equally in employment calling for plans for removing deprivation and empowering women.
All Iranian nationals, irrespective of their gender, language, religion, ethnic and social background, should have equal access to education, information and state facilities.
Providing technical and scientific assistance for empowerment of rural women and the promotion of culture of common responsibility in Iran, ultimately resulting in human rights advancement and elimination of gender discrimination.
A moratorium on the execution of minors in all cases including qesas crimes, and that the Government implement the Juvenile Crimes Investigation Act and other planned legal measures to end the practice of executing minors and those convicted as minors.
To bring Iran's legislation into conformity with its international human rights obligations by repealing all provisions criminalizing homosexual activity between consenting adults.

March 2010