Det Udenrigspolitiske Nævn 2005-06
Bilag 91
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IranNew government fails to address dire humanrights situation1. Introduction.Six months after Dr Mahmoud Ahmadinejad took up office as the country’s new president, the humanrights situation in Iran remains dire. Scores of critics and opponents of the government continue to beimprisoned, many following grossly unfair trials, the death penalty is widely used and torture is common.The authorities maintain strict controls on freedom of expression and association, and religious andethnic minorities are subject to persecution. Women are severely discriminated against in both law andpractice and those lawyers, journalists and others who dare speak up in support of human rights - Iran’scommunity of courageous human rights defenders – do so at constant risk of harassment, imprisonmentor other abuses by security authorities who are able to act with impunity.Many hoped that this pattern of abuses, by then already long established, would be alleviated followingthe election of President Hojjatoleslam val Moslemin Sayed Mohammad Khatami on a pro-reform ticketin 1997, or following his re-election with an increased majority four years later. In practice, however,although his presidency resulted in some lessening of restrictions on human rights, the gains wererelatively small due to the political stalemate between President Khatami and even more conservativeforces associated with Iran’s Supreme Leader, Ayatollah Sayed ‘Ali Khamenei. Moreover, PresidentKhatami’s last years and months in office saw a renewed deterioration in human rights, marked byarrests, detentions and increasing harassment of critics of the system, especially journalists, webloggersand other human rights defenders.It was against this background that Dr Ahmadinejad, the former Mayor of Tehran and an erstwhilemember of the Revolutionary Guard Special Forces, emerged as the unexpected but convincing victorof Iran’s June 2005 presidential election. He had campaigned on a largely economic platform, pledgingto end corruption and bring in policies to improve conditions for the poor. His election was seengenerally to have continued the process of consolidating power in the office of the Supreme Leader,Ayatollah Sayed ‘Ali Khamenei.Amnesty International wrote to President Ahmadinejad on the occasion of his inauguration in August2005, welcoming his commitment to improve economic and social rights and urging him to make humanrights a top priority during his time in office.(1) However, the months since Dr Ahmadinejad came topower have seen no improvement in Iran’s human rights record. On the contrary, while PresidentAhmadinejad has courted controversy in connection with Iran’s nuclear programme and arousedwidespread international criticism on account of his statements relating to the Holocaust and Israel,there have also been signs that Iran is witnessing the start of a further harshening of repression. Thisreport, therefore, addresses human rights violations which have occurred during the past half year ormore and focuses particularly on the steps taken by the Iranian authorities in response to widespreadunrest among the country’s ethnic minorities, especially Arabs and Kurds; continuing repression ofreligious minorities, especially the Baha’is; and continuing limitations on the rights to freedom ofexpression and association which particularly impact on journalists and other human rights defenders.The report does not seek to be comprehensive but rather to draw attention to the wide-ranging andegregious human rights violations which are occurring in Iran on an almost daily basis. AmnestyInternational has not had access to Iran for research on the country since shortly after the 1979 IslamicRevolution, but this report nevertheless is based on a wide range of sources from both inside andoutside Iran.2. Repression of minoritiesDespite constitutional guarantees of equality(2), individuals belonging to minorities(3) in Iran, who arebelieved to number about half of the population of about 70 millions(4), are subject to an array ofdiscriminatory laws and practices. These include land and property confiscations, denial of state andpara-statal employment under thegozineshcriteria(5) and restrictions on social, cultural, linguistic andreligious freedoms which often result in other human rights violations such as the imprisonment ofprisoners of conscience(6), grossly unfair trials of political prisoners before Revolutionary Courts,corporal punishment and use of the death penalty, as well as restrictions on movement and denial of
other civil rights.Iran’s ethnic minority groups include Arabs, Azeri Turks, Baluchis, Kurds, and Turkmen, all of whom aremostly either Shi’a or Sunni Muslims. There are also religious minorities, of which only three – Christians(including Armenians, Assyrians, Chaldean Catholics and various Protestant denominations), Jews andZoroastrians – are allowed under Article 13 of the Constitution to practise their religious faith. Bycontrast, adherents of unrecognized religions, such as Baha’is, the Ahl-e Haq, and Mandeaens(Sabaeans), are not permitted the freedom to practise their beliefs and are particularly at risk ofdiscrimination or other violations of their internationally recognized human rights.Some of the problems currently confronting Iran’s minority groups were brought to international attentionby the UN Special Rapporteur on the Right to Adequate Housing, when he visited the country in July2005. In his preliminary findings(7) he noted that minorities were subject to discrimination in thedistribution of state resources, in access to and the quality of housing, water and sanitation provided inthe areas of the country where they reside, and are disproportionately affected by policies of "landgrabbing".

2.1 Ethnic Minorities

Minorities other than those referred to below, such as Baluchis, Turkmen, and nomads also suffersimilar kinds of discrimination, but Amnesty International has not received information on specific humanrights violations against members of these groups since President Ahmadinejad’s election

2.1.1 Arabs

The mainly Shi’a-Muslim Arab community in Iran constitutes between 3 per cent and 8 per cent of thetotal population. The Arab community lives mainly in Khuzestan province (known as Ahwaz by the Arabcommunity) adjoining Iraq, the location of much of Iran’s oil resources. Members of Iran’s Arabcommunity have a long-standing grievance against successive governments, claiming that Arabs havebeen overlooked in terms of the distribution of resources aimed at social development. Frustration andeconomic deprivation has spilled over in recent months into a cycle of violent protest and repressionwhich seems likely to continue unless the Iranian authorities take the measures necessary to addressthe social, economic and other grievances that gave rise to the unrest.Economic, social and cultural rights:The Arab population of Iran is one of the most economically andsocially deprived in Iran. Even where the majority of the local population is Arab, schools are reportedlynot allowed to teach through the medium of Arabic; illiteracy rates are reportedly high, especially amongAhwazi Arab women in rural areas. Arabs have also reportedly been denied state employment under thegozineshcriteria. Many villages and settlements reportedly have little or no access to clean runningwater, sanitation or other utilities such as electricity.Amnesty International has received reports that the water supply in Ahvaz City is subject to frequent andirregular cuts, apparently resulting from the diversion of water from the Karoun River to cities such asEsfahan and Sanandaj. In December 2005, the situation was reportedly so dire that people were unableto shower more than once a week, and were being forced to buy drinking water from tankers in thestreet. Also in December 2005, members of theMajles(8)representing Khuzestan province reportedlylaunched a petition to impeach the Minister of Energy over the continued diversion of water from theKaroun River to Rafsanjan and Esfahan provinces and in January 2006 reportedly threatened to resignen masseif the diversion continued. It has also been reported that, despite the province’s watershortages, water from the Karkhe River, which passes through the Ahwazi Arab area of Howizeh andBoustan, is diverted for sale to Kuwait.Furthermore, land expropriation by the Iranian authorities is reportedly so widespread that it appears toamount to a policy aimed at dispossessing Arabs of their traditional lands. This is apparently part of astrategy aimed at the forcible relocation of Arabs to other areas while facilitating the transfer of non-Arabs into Khuzestan and is linked to economic policies such as zero interest loans which are notavailable to local Arabs.In October 2005, a letter came to light, dated 9 July 2005, in which the Arvand Free Trade ZoneOrganization outlined plans for the confiscation of 155 km�, including Arab land and villages, to providefor the establishment of the Arvand Free Trade Zone between Abadan and the Iraqi border.(9) All thoseliving within this area will have their land confiscated. Under Iranian law, no challenge can be made tothe confiscation, only to the amount of compensation offered, which in other schemes is reported tohave been as little as one fortieth of the market value.The UN Special Rapporteur on the Right to Adequate Housing said in an interview(10) following his visitto Iran in July 2005:
…when you visit Ahwaz…there are thousands of people living with open sewers, nosanitation, no regular access to water, electricity and no gas connections… why isthat? Why have certain groups not benefited? ... Again in Khuzestan, …we droveoutside the city about 20 km and we visited the areas where large developmentprojects are coming up - sugar cane plantations and other projects along the river -and the estimate we received is that between 200,000 - 250,000 Arab people arebeing displaced from their villages because of these projects. And the question thatcomes up in my mind is, why is it that these projects are placed directly on the landsthat have been homes for these people for generations? I asked the officials, Iasked the people we were with. And there is other land in Khuzestan where projectscould have been placed which would have minimised the displacement.He also referred to attempts by the government to transfer non-Arabs into the area, as in the case ofShirinshah, a new town mainly populated by non-Arab inhabitants from Yazd province, and highlightedthe discrepancy between the wealth generated from the oil resources of Khuzestan and the verydeprived Arab neighbourhoods he saw.Use of force:Since President Ahmadinejad’s election, several people have been killed and scoresinjured by security forces possibly using excessive force, in the context of ongoing violent unrest inKhuzestan Province. This began in April 2005(11) and has included bomb explosions in Ahvaz city inOctober 2005 and January 2006 which killed at least 12 people and injured hundreds, and attacks onthe economically important oil installations in September and October 2005. The Iranian authorities haveaccused the United Kingdom (UK) government of involvement in the blasts, which the UK has denied.
In mid-September 2005, Iranian security forces were reported to have used liveammunition, tear gas and beatings with batons to suppress stone-throwingdemonstrators. At least two people were reported killed and many injured. Theauthorities were later reported to have cut off the water supplies to some villagesof the al-Bughobeysh tribe, possibly in reprisal for the inhabitants havingparticipated in the demonstrations.On 4 November 2005,‘Id al-Fitr,possibly partly in protest at earlier arrests (seebelow), several hundred Arab Iranian demonstrators began marching towards thecentre of Ahvaz city, where they met Iranian security forces. Scuffles may havebroken out. Iranian security forces reportedly fired tear gas grenades at the crowd.Two Arab youths affected by the tear gas, which is said to have caused atemporary paralysis, reportedly drowned after falling into the Karoun River.Scores, if not hundreds, of demonstrators were arrested. Amnesty Internationalwrote to the Iranian authorities urging that these deaths be investigated, andasking for clarification of the rules governing the use of force and firearms byIranian law enforcement officials and whether in this instance there were attemptsmade to disperse the crowd by non-violent means and whether the crowd waswarned before tear-gas was used. By early February 2006, no reply had beenreceived.At least three men were reported killed, and around 40 injured, on 11 and 12January 2006 in clashes in Khuzestan between Iranian security forces andmembers of the Arab Ahwazi community. The clashes followed an initiallypeaceful demonstration on ‘Id al-Adha, the Muslim Feast of Sacrifice. Thedemonstrators were reportedly demanding an end to Arab persecution, povertyand unemployment, and the release of political prisoners arrested since April2005.
Detention:Hundreds of Arabs have been arrested since President Ahmadinejad’s election and manyare feared to have been tortured or ill-treated. The prisons in Khuzestan province, and particularly thecapital Ahvaz, are reported to be extremely overcrowded as a result of the large numbers of arrests.One ex-detainee is said to have estimated that during his time in detention, there may have been over3,000 prisoners held in Karoun Prison, reportedly designed to accommodate about 800 and that thecells were so crowded that detainees were forced to sleep in shifts, as there was insufficient space forthem all to lie down at once. This degree of over-crowding reportedly led to extremely unsanitaryconditions. Children as young as 12 are reported to have been detained with adult prisoners. Some ofthose detained are believed to have been sentenced to imprisonment or death after grossly unfair trialsbefore Revolutionary Courts.Of those reported detained since the election of President Ahmadinejad, Amnesty International hasreceived the names of over 250. Some illustrative cases are outlined below.
In August,Hajj Salem Bawi,an Arab tribal leader and businessman, his five sons,nephew and two other members of his extended family were detained. Hajj Salem
Bawi was later released, but two of his sons,ImadandZamel,were reportedlysentenced to death in October 2005. The precise charges of which they wereconvicted are not known to Amnesty International. Hajj Salem Bawi reported afterhis release that he had met three of his sons in Amaniya prison in Ahvaz city andcould see that they had been ill-treated or tortured in detention. By December2005, none of those still held were known to have had access to lawyers or theirfamilies.Hamid Gate’Pour,the manager of education in Area 2 of Ahvaz city, wasarrested on or around 15 September 2005 in Area 2 of Ahvaz city.MohammadHezbawi,the editor ofHamsaye,a regional newspaper, was arrested on 18September 2005, possibly in connection with an article he had published about thearrest of Hamid Gate’pour, and released after several days.At least 81 people were arrested on 3 November 2005 during the week precedingthe end of Ramadan, ‘Idal-Fitr,whilst attending an Arab cultural gathering calledMahabiswhich traditionally takes place during theiftar(breaking of the fast).Those arrested includedZahra Nasser-Torfi,director of the Ahwaz al-Amjadcultural centre who was reportedly tortured in detention (see 4.1 below);HamidHaydari,a poet; and six members of the same family:Mohammad Mojadam,Hamid Mojadam, Mehdi Mojadam, Rasoul Mojadam, Khaled Bani-SalehandHassan Naisi.On 14 November 2005 a number of those people were reportedlyreleased on bail to await trial, including Zahra Nasser-Torfi.Scores of people, including at least three children, were arrested on 11 January2006 following clashes with security forces following an initially peacefuldemonstration (see above), led bySheikh Saleh al-Haydari,the Imam (prayerleader) of Da’ira mosque in Ahvaz. He was among those detained and reportedlybegan a hunger strike on 25 January 2006 to protest at his detention. The nextday, 12 January 2006, scores more were detained in the city of Hamidiya, after ademonstration against the arrests which had taken place the previous day.

2.1.2 Kurds

Kurds in Iran, who are mainly Sunni Muslims, are believed to number between 7 per cent and 10 percent of the population and live mainly in the north-eastern provinces neighbouring Iraq and Turkey,where the main economic activity is farming. For many years, Kurdish organizations such as theKurdistan People’s Democratic Party (KDPI) andKomalacarried out armed resistance to the IslamicRepublic of Iran, although more recently they have abandoned armed struggle in favour of a federalsolution. Iran continues to face armed opposition mainly from PJAK – the Kurdistan Independent LifeParty - affiliated to the Turkish PKK, which reportedly began operations in 2004. In September 2005, theProvincial Head of the Judiciary in West Azerbaijan stated that since March 2005 over 120 members ofthe security forces had been killed and 64 injured in clashes with PJAK(12).As a result, the Kurdish population has long been viewed with suspicion by the Iranian authorities, andhave experienced decades of official neglect with regard to the development of Kurdish areas and theprovision of basic services, including services essential to the realisation of human rights. For example,the UN Special Rapporteur on the Right to Adequate Housing, in his preliminary findings(13) stated:"regionshistorically occupied by Kurds, such as Ilam, seem to suffer from disproportional inadequacy ofservices such as water and electricity and unsatisfactory reconstruction efforts".The Kurdish populationalso faces educational disadvantage: the illiteracy rate for women, which runs at about 25 per cent in thepopulation overall, is reported to stand at 43.3 per cent in the Kurdish areas(14).Violent unrest in the Kurdish areas broke out in July 2005 shortly after President Ahmadinejad’s electionand continued for several weeks, after Iranian security forces shot dead a Kurdish opposition activist,Shivan Qaderi,and reportedly dragged his body through the streets behind a jeep. Thousands of Kurdstook to the streets to protest. Security forces reportedly used light and heavy weaponry in response tothe demonstrations which in at least some places included attacks by demonstrators on governmentbuildings and offices. Up to 20 people were reportedly killed and hundreds more injured. The authoritiesacknowledged that five people were killed, including two in Saqez:Mohammad Shariati,a 55-year-oldretired teacher and 18-year-oldFarzad Mohammadi,and stated that their deaths were underinvestigation. Kurdish sources stated that Mohammad Shariati had been shot in the head by securityforces using live ammunition in an attempt to disperse the demonstrators. At least 190 were arrested,according to official reports, although the true figure may well be higher.Following the unrest, enquiries were opened into the unrest by the government and theMajles,but the
findings were not made public. Several Kurdish members of the Majles are reported to have criticisedthe government’s handling of Kurdish grievances, including Hushang Hamidi, member for Sanandaj. Hesaid "Wehave no problem raising the issue, but, although our demands are legal, we have problemscoming up with solutions and removing the shortcomings... We have civil demands. We want citizenshiprights. We want welfare and the observation of legal rights and equality in various aspects includingmanagement, and meritocracy in the Kurdish regions. These are the areas in which Article 48 of theConstitution has not been observed."(15)Amin Shabani, another Kurdish member of theMajlessaid,"Thereal root and origin of these disturbances was the promises that the officials have given when theyhave come face to face with the demands of the Kurds, but up to now, these promises have remainedunfulfilled".He accused the Law Enforcement Forces of using excessive force, criticized state radio andtelevision for not providing accurate information and pointed to unemployment as a factor in the unrest.He also criticised the lack of Sunni Muslims in the cabinet.(16)Among Kurds arrested in August 2005 were journalists and other human rights defenders.
Dr Roya Toloui,a founding member of the Association of Kurdish Women for theDefence of Peace and Human Rights and the editor of the cultural magazineRassan,was arrested at her home in Sanandaj on 2 August 2005. She was notallowed to see her family or lawyer for several weeks. She was released on bail inOctober 2005. In January 2006 she stated: "Intotal they brought [at least 10]charges against me. Anything not considered a crime against others was a crimewhen it came to me, for example the publication of my book in the Kurdishlanguage in Iraq's [Al-Sulaymaniyah] was considered a crime. There were othercharges, the most important of which is acting against national security, and alsogiving interviews to different foreign radio stations was considered propagating liesagainst the establishment."(17)She had been interrogated several times duringthe months preceding her arrest.(18)
Ajlal Qavami,a journalist with the weeklyPayam-e mardom-e Kurdestanand a member ofthe editorial board of the journalPayam-e Mardom(People’s Message) andSa’id Sa’edi.afreelance journalist who also works for the weekly newspaperAsou,was also arrested on 2August 2005. Ajlal Qavami reportedly carried out a hunger strike against his detention. Bothwere also released on bail in October 2005 and were also reported to be facing vaguelyworded charges which can carry the death penalty.Madeh Ahmadi,a journalist, was arrested on 28 July 2005 in the Sarvabad border areaafter visiting the Kurdish part of neighbouring Iraq and detained for four months in Marivanprison, reportedly in connection with various charges including illegally leaving the country.He conducted a hunger strike in September 2005, in protest against his detention. InNovember 2005, when the authorities failed to implement his court-ordered release on bail,he reportedly went on hunger strike again and sewed his mouth up in protest. He wasreleased on 28 November 2005 and reported that he was facing 29 charges including"threateningnational security, doing interviews with foreign media, and contact with theopposition".In January 2006 it was reported that he had recently been sentenced to oneyear’s imprisonment and 50 lashes after conviction of the charge of entering and leavingthe country illegally.Borhan Divargar,a trade union activist and children’s rights defender was detained forabout six weeks during which he was reportedly beaten before he too was released on bailfacing charges reportedly including membership of theCommittee to Follow up theEstablishment of Free Labour Organisations,membership of the newly-formedUnemployed Workers’ Organisation,managing a labour website in Iran calledTashakol(www.tashakol.com),and with participating in the demonstrations in Saqez. By November2005 reports indicated that his lawyer had still not been allowed to see his file and inDecember 2005 he was said to have been among 51 Kurds on trial before Branch 1 of theRevolutionary Court in Saqez in connection with the summer events, of whom four werestill in detention.Mohammad Sadeq Kabudvand,the editor ofPayam-e mardom-e Kurdestan,a weeklypublished in Kurdish and Farsi and Chair of the Kurdish Human Rights Organization(RMMK) based in Tehran was detained briefly in August 2005 during the summer events.He was later sentenced by the Revolutionary Court in Sanandaj to one year in prison for"spreading lies with the intention of upsetting public opinion" and to six months’imprisonment and was banned from working as a journalist for five years for "disseminating
tribal issues and publishing provocative articles".Both prison sentences were suspendedby the court. His newspaper was also closed down by the authorities.
Others detained have also received prison sentences or cruel and inhuman punishmentsafter unfair trials in Revolutionary Courts in connection with the unrest. In October 2005 itwas reported thatMorteza Soleymanihad been sentenced by the Revolutionary Court inSanandaj to one year’s imprisonment on charges of "acting against national security" and"waging war against the system". (moharebehba nezam).Anwar DerakhshanifromMarivan is reported to have been sentenced to one year and 8 days’ imprisonment and 70lashes.Shahram Ansari, Loghman Mohammadi, Jamal Amini,andBakhtiarKhoshnam,all from Saqez, are reported to have received prison sentences of four, one,two and two years respectively. The charges of which these men were convicted are notknown to Amnesty International.At least two other Kurdish newspapers,AsouandAshtiwere closed down by the authoritiesaround the time of the arrests, reportedly due to their coverage of the unrest. It has also beenreported that the Kurdish language departments of a number of colleges, including theUniversity of Sanandaj, have been closed down by the authorities.
On 25 October 2005, following news thatMostafa Rasulnia,detained at the timeof the killing of Shivan Qaderi (see above), was facing the death penalty inOroumieh prison, security forces clashed with demonstrators in Mahabad,reportedly injuring at least two severely. One of them,Rasoul Yusufi,was said tohave been taken to hospital and placed in intensive care. An unknown number ofarrests were made. Mostafa Rasulnia was later reported to have been sentencedto death after confessing, reportedly after torture, to killing a member of thesecurity forces but then to have had his sentence commuted to five years’imprisonment.On the occasion of ‘Idal-Fitron 4 November 2005, further demonstrations tookplace when security forces prevented Mahabad residents from visiting the grave ofShivan Qaderi. Security forces were reported to have beaten and then shot atdemonstrators who threw stones and chanted slogans. Amnesty International hasreceived reports that up to ten people were arrested, includingYusuf Solemaniand three were injured, said to be calledShoresh Chukali, Mohammad ChukaliandSoleyman Alunam.

2.1.3 Azeri Turks

Iranian Azeri Turks, who are mainly Shi’a Muslims, are the largest minority in Iran, believed to constitutebetween 25-30 per cent of the population. They are located mainly in the north and north-west of Iran.As Shi’a, they are not subject to the same kinds of discrimination as minorities of other religions, and arewell-integrated into the economy, but there is a growing demand for greater cultural and linguistic rights,including implementation of their constitutional right to education through the medium of Turkish. A smallminority advocate secession of Iranian Azerbaijan from the Islamic Republic of Iran and union with theRepublic of Azerbaijan. Those who seek to promote Azeri Turkish cultural identity are viewed withsuspicion by the Iranian authorities, who often accuse them of vague charges such as "promoting pan-Turkism".At the end of June 2005, scores of Iranian Azeri Turks participating in an annual cultural gathering atBabek Castle in Kalayber were arrested. At least 21 were later sentenced to prison terms of betweenthree months and one year, some of which were suspended, reportedly after conviction of charges suchas "spreading propaganda against the system" and "establishing organizations against the system".Some were also banned from entering Kalayber for a period of 10 years.
Abbas Lisani,an Iranian Azeri butcher previously beaten and detained in 2004,was arrested during the Babek Castle event. He was released on bail in July 2005and was sentenced in August 2005 to one year’s imprisonment to be spent ininternal exile after conviction of charges including "spreading propaganda" and"disturbing public opinion". In January 2006 he remained free on bail havingappealed against his sentence.
Hojjatoleslam val Moslemin Ezimi Qedimi,an Iranian Azeri Muslim cleric fromVerziqan, near the capital of Azerbaijan province, Tabriz, was arrested on 5August 2005 in Tabriz at the mausoleum of an Azeri hero called Baghir Khan, oneof the authors of Iran's 1906 Constitution, which led to the country's first electedparliament, where security forces broke up a peaceful celebration of theanniversary of the introduction of the Constitution. Hojjatoleslam Ezimi Qedimi wasreportedly released on or around 24 October 2005 on bail to await trial reportedlyon charges of "leading an illegal gathering at the mausoleum; giving an interviewpublished on the Shams-e Tabriz website; giving an interview to Ana Yurdutelevision station; opposition to the Islamic Republic; contempt of court; aiding thesetting up and distribution of the publication Rasul; and misleading young religiousstudents in the city of Qom". On 1 January 2006, Hojjatoleslam Ezimi Qedimi wasreportedly sentenced in camera, without access to a lawyer or a translator, by abranch of the Special Court for the Clergy(19) in Tabriz to one year’simprisonment for "propagandising on behalf of groups opposing the state" andwas stripped of his credentials as an Islamic scholar for ten years for "underminingthe integrity of the clergy". He also received a travel ban preventing him fromleaving Iran and was forbidden to return to the provinces of East Azerbaijan, WestAzerbaijan, Ardebil and Zenjan for five years. At the end of January 2006 he wasbelieved to be free on bail pending an appeal against his sentence.Abbas Nikravan,the Head of the Salmas Musical Association and an Azeri Turkactivist was reportedly detained on 1 November 2005 while awaiting the results ofhis appeal to the Supreme Court against an earlier conviction to four months’imprisonment on charges of "propagatingPan-Turkism and advocatingseparatism"possibly in connection with his musical work relating to Azeri musicand dance. A picture of Dr Mahmoudali Chehregani(20) was also said to havebeen found in his home. According to reports, his case is due to appear before theRevolutionary Court in Khoy. In January 2006 he was still detained in SalmasPrison, despite an order for his release on bail of 20 million Toumans (almost US$22,000) having been issued.
Javad Abbasi,a teacher and Azeri activist from Salmas was reportedly began a six-monthprison term on 22 December 2005 after being sentenced by the Revolutionary Court inKhoy apparently for "promotingseparatism and connection with ‘pan-Turkic groups’".Hewas also reportedly charged with participation in the Babek Castle event, working tooverthrow the Islamic Republic of Iran, disturbing national security, and printing andpublishing material on behalf of the Azerbaijan National Movement. His trial verdictreportedly referred to the fact that he had taught school lessons in Turkish. He is reportedto need medical treatment for a throat condition.Hedayat Zaker,a teacher and activist from Tabriz, was reportedly arrested on 24December 2005 after having been sentenced to a prison term by the Revolutionary Court inTabriz. He was arrested from his home one day before he was due to report for hissentence to begin, apparently because security forces feared that he would try to escape.His lawyer reportedly stated that the sentence had been confirmed by the Supreme Court,but that neither he nor Hedayat Zaker had been given a copy of the verdict.Yashar Haqqaqpour Maraghei,a student of architecture at Zenjan University and amember of Zenjan University’s Islamic Students’ Association, was reportedly arrested infront of his father’s shop in Maragheh on 21 January 2006 by security forces whoreportedly did not have an arrest warrant, and was taken to an unknown location. His familyhome was then said to have been searched by members of the security forces. On 2February 2006 he was reported to have informed his family by telephone that he had beentransferred to Tabriz.Davoud Azimzadeh,a graduate of environmental sciences and a teacher from Maraghehwas reportedly arrested by Intelligence Ministry officials on 23 January 2006 after havingbeen summoned to the local Education Department. Reports have indicated he may havebeen arrested in connection with a series of articles he wrote about environmental pollutionin Maragheh.
Turkish language publications and journalists have also been subject to repression and harassment. InSeptember 2005, "Araz", a political, cultural and historical periodical published by students at Tabriz
University since 1999 in Persian and Turkish had its registration withdrawn, reportedly for havingpublished a map of the Republic of Azerbaijan on its front cover. "QizilUzen",a Turkish studentpublication in Zenjan University run byReyhaneh Purgeniwas reportedly closed down on 30November 2005 by the committee monitoring student publications, apparently on the grounds that it wasdivisive and promoted separatism. Reyhaneh Purgeni, also a member of the Islamic Students’Association at Zenjan University, was reportedly detained on 20 January 2006 after her father receiveda phone call in which she was told to report to the Zenjan Intelligence Office.Marefatollah Fazli,theeditor of another student publication at Zenjan University,"Zangan Sozlari",was also summoned forinvestigation in January 2006.

2.2 Religious Minorities

Since President Ahmadinejad’s election, members of Iran’s religious minorities have also been killed,detained or harassed solely in connection with their faith. Even the recognized religious minorities ofJews, Christians and Zoroastrians face discrimination in law and practice with respect to employment,marriage, and criminal sanctions. Unrecognized religions such as the Baha’is, Ahl-e Haq and Sabeaens(Mandeaens) are at particular risk of discrimination. Converts from Islam can risk arrest, attack or thedeath penalty.(21) Official statements from time to time create an atmosphere in which human rightsabuses by non-state actors against minorities may be encouraged. For example, on 20 November 2005,Ayatollah Jannati, the Secretary General of the Council of Guardians which vets legislation passed bytheMajlesto ensure its conformity with Islamic Law, stated in a speech at a commemoration of thosekilled in the 1980-1988 war with Iraq that "humanbeings, apart from Muslims, are animals who roam theearth and engage in corruption".

2.2.1 Christians

Prisoner of conscienceHamid Pourmand,who converted to Christianity from Islam over 25years previously, remained in prison after being sentenced to three years’ imprisonment by amilitary court in February 2005 on charges of deceiving the Iranian armed forces about hisreligion and ‘acts against national security’. In May 2005 he was acquitted of further chargesof apostasy. He was arrested along with 84 others at the annual general conference of Iran’sAssemblies of God Church in Karaj in September 2004; all the others were laterreleased.(22)Ghorban Dordi Tourani,50, an ethnic Turkmen convert from Islam who pastored anindependent house church of convert Christians in Gonbad-e-Kavus, was killed by unknownassailants on 22 November. After his body was found outside his house, up to 10 otherChristians in various cities were reportedly detained briefly by officials of the Ministry ofIntelligence and may have been tortured. Christian leaders are also reported to have beenwarned to tell Protestant pastors of house churches that "thegovernment knows what youare doing, and we will come for you soon".Ghorban Dordi Tourani is the fifth Protestantpastor to be killed by unknown assailants in 11 years.(23)

2.2.2 Baha’is

Members of the Baha’i community, an unrecognized religious minority in Iran, are subject todiscriminatory laws and regulations which violate their right freely to practise their religion, and denythem equal rights to work and to a decent standard of living by restricting their access to employmentand benefits such as pensions. The community reported increased repression in 2005, including attacksby unidentified assailants, the vandalising and destruction of cemeteries and holy sites, and theconfiscation by the state of properties belonging to Baha’is. Two Baha’is were imprisoned as prisonersof conscience:Mehran KawsariandBahram Mashhadiwere serving three year and one year prisonterms imposed in early 2005 after they were unfairly tried in connection with an open letter which wasaddressed to President Khatami in November 2004. The letter detailed violations against the Baha’icommunity in Iran and called for the restoration of their human rights.Repression of the Baha'i community has continued since the election of President Ahmadinejad. At least32 Baha'is are known to have been detained since the new president's election. All have since beenreleased on bail and are said to be awaiting trial. Specific details of the charges being brought againstthem are not known to Amnesty International, but the organization fears that they may have beendetained solely on account of their peaceful activities on behalf of the Baha’i community’s religious oradministrative affairs or on account of their identity as Baha’is. There is concern too about what appearsto be increasing "demonization" of non-Muslims, especially the Baha’i community, by Iranian officialsand in the Iranian state-controlled media. In addition to the statement by Ayatollah Jannati referred toabove, for example, since November 2005, the newspaperKeyhanis reported to have carried over 30extremely negative or defamatory articles about the Baha’i faith or Baha’is, prompting fears within theBaha’i community that non-state actors may feel empowered to commit abuses against them withimpunity.
Behrouz Tavakkoliwas arrested in Mashhad withFariba Kamalabadi Taefion26 July 2005 after they arrived at the bus station from Tehran in order to meetsome other Bahai’s and take care of some administrative matters. FaribaKamalabadi Taefi, who was released on bail on 19 September 2005, is a memberof a coordinating group that supervises course work for Bahá’ís in Iran who wishto study their religion. She was previously arrested on 25 May 2005 and releasedon bail on 28 June. Behrouz Tavakkoli, who carried out administrative work for theBaha’I community at the national level, was released on bail on 15 November2005.Nasim Ashrafi, Pooya Movahhed, Nasim Naderi,and.Emad Sharghi,allinvolved in youth education in the Baha’i community were arrested on 5 August.They were released on bail on 15 August 2005. On 5 September 2005, all fourwere reportedly sentenced to ten months’ imprisonment by a court in Karaj oncharges of "opposition to the Islamic Republic of Iran", a charge applied in the pastto Baha’is who have been detained. This charge is said to have been verballyconveyed to them, and when they asked for a written document, the court refusedto issue one. They remain free on bail while awaiting an appeal against theirsentences.Sima Rahmanian Legha’i, Changiz Derakhshanian,andMina Hamran– werearrested in the city of Ghaem Shahr on 14 September 2005. ChangizDerakhshanian was released on bail three days later, on 17 September 2005.Sima Rahmanian Leha’i and Mina Hamran were released on bail on 2 October2005. None is known to have been formally charged.On 21 September 2005,Misagh Lagha’i, Shahin Sana’iandMahvand Lagha’iwere arrested in the city of Babol Sar. They were released on bail on 11 October2005 and are not known to have been formally charged.Mr.Afshin Akrami, Shahram Boloori, Vaheed Zamani, Mehraban Farman-Bordariwere all reportedly arrested on 8 November 2005 in Karaj. On the samedaySohrab Hamidwas arrested in Qal’ih Hasan (near Karaj) andHooshangMohammad-Abadiwas arrested in Fardis, near Karaj. All were released on bail,apparently without formal charges having been brought against them, on 7December 2005.
Another Baha’i prisoner of conscience,Dhabihullah Mahrami(24),died in Yazd Prison on 15 December2005. His family were apparently informed that he had died of a heart attack and were given his body,which has since been buried. However, Dhabihullah Mahrami was reported to be in good health shortlyprior to his death and was not known to be suffering from heart disease, though he was apparentlymade to engage in strenuous physical labour while in prison, raising concern that this may have causedor contributed to his death. He is also said to have received death threats. Amnesty International urgedthe Iranian authorities to investigate his death in conformity with the UN Principles on the EffectivePrevention and Investigation of Extra-legal, Arbitrary and Summary Executions and that any personfound responsible for his death should be brought to justice and given a prompt and fair trial.The Baha’i community has also reported a number of cases of land and property confiscation. It isfeared that the hefty bail sums required for the release of those referred to above, which in most caseswere met by posting property deeds or business licenses as collateral, may result in further propertyconfiscations and economic disenfranchisement of Baha’is.Young Baha’is have also been denied their equal right to university education. For decades, Baha’istudents have been denied access to higher education by an official requirement that applicants statetheir allegiance to Islam or one of the three other recognized religions. Although this requirement is nolonger maintained, in August 2005, a large number of Baha’is who had taken the university entranceexams discovered they had been designated as Muslims on their results forms. They have protestedagainst this designation. A similar event took place in 2004, the first year that there was no requirementfor the designation of faith on the entrance exams: then, despite being told the incorrect faith on theresults form would be corrected, only ten out of some 800 students who passed were eventuallyadmitted. These ten refused to take up their places in protest at the exclusion of their fellow Baha’is.3. Human Rights Defenders"Human rights defenders" (HRDs) include men and women who act on their own or collectively topromote or protect human rights. HRDs work in various spheres and their work is inspired by
international human rights standards. This work includes, but is not limited to, the search for truth andjustice; the strengthening of the rule of law; increasing government accountability; promoting gender,sexual and racial equality as well as children’s rights; and the rights of minorities and refugees and othervulnerable groups. In Iran, the courageous community of HRDs includes men and women who work asjournalists, lawyers, trade unionists or who are members of associations, non-governmentalorganizations (NGOs) and professional bodies who work to promote and protect the rights of minorities,children and women and others.Human Rights defenders in Iran face severe limitations on their work. Iranian legislation severelyrestricts freedom of expression and association and human rights defenders often face reprisals for theirwork in the form of harassment, intimidation, attacks, detention, imprisonment and torture. Many aresubject to travel bans that prevent them from leaving the country. The registration process forindependent non-governmental organizations (NGOs), including human rights organizations such as theCentre for the Defence of Human Rights run by Nobel Peace Prize Laureate Shirin Ebadi, is complexand registration is frequently denied, leaving NGOs at risk of enforced closure. Few risk acceptingforeign funding for fear of opening themselves up to charges of contact with, and support for, "hostileforeign organizations" or "espionage". For example, in January 2006 the Ministry of the Interior was saidto be compiling a list of NGOs that allegedly received finance from "problematic internal and externalsources aimed at overthrowing the system", some of which had received support from the office offormer President Khatami. The Ministry of the Interior was said to be preparing measures to restrict theiractivities(25).

3.1 Journalists

In October 2005, Press Courts were reintroduced to try cases of breaches of the Press Code, whichcontains vaguely worded provisions which can be used to punish people for the peaceful expression oftheir opinions.(26) They comprise a panel of three judges and a jury selected by the judiciary. Somejournalists’ organizations criticised the composition of the juries. Earlier, in April 2005, theMajleshadsuspended the law which required that juries in Press Courts should include press union officials andother representatives of civil society. Following the reintroduction of the Press Courts, dozens of casesof journalists and newspapers began to be examined, leading in several cases to suspended prisonsentences.It was also reported that at least 10 journalists were summoned by Ministry of Intelligence and Securityofficials and warned not to criticise the government of President Ahmadinejad or to write on sensitiveissues such as Iran’s nuclear programme. In January 2006 it was also reported that the Iranian StudentsNews Agency (ISNA) and Iranian Labour News Agency (ILNA) had also been "instructed" not to reporton cases of students or other political activists without first "coordinating" with the Ministries ofIntelligence and Security, and Islamic Culture and Guidance. The authorities made increasing use ofinternet filters to ban access to a wide range of websites and in December 2005, the Supreme NationalSecurity Council (SNSC) declared the Dubai-based independent TV satellite station, Saba TV, set up byHojjatoleslam val Moslemin Mehdi Karroubi, a former Speaker of theMajles,to be illegal. The station,whose launch had been announced in the summer, then decided to delay its opening and stated on 26December 2005 that it would file a complaint against the SNSC. The Constitution forbids the operationof independent radio and TV stations within Iran.Prisoner of conscienceAkbar Ganji,an investigative reporter who uncovered the still-unpunishedinvolvement of government officials in the murder of intellectuals and journalists in the 1990s known asthe "serial murders", continued to serve a six-year prison sentence. He was arrested in April 2000 andsentenced to 10 years' imprisonment, which was reduced on appeal to six months, for "taking part in anoffence against national security" and "propaganda against the Islamic system". In July 2001 he wasagain brought to trial on charges of "collecting confidential state documents to jeopardize state security"and "spreading propaganda", and was sentenced to six years’ imprisonment.Following a hunger strike in protest at being denied independent medical treatment outside prison,accompanied by considerable domestic and international protests including by Amnesty International,he was temporarily released for medical treatment in July 2005. However, he was returned to prison inSeptember 2005 and was placed in solitary confinement. Following a visit in October 2005 his wifereported that he had informed her that he had been beaten by security forces while in hospital prior tohis return to prison.
Masoud Bastani,a journalist who had written a number of articles about AkbarGanji’s case, was detained on 25 July 2005 along with 14 others while covering ademonstration outside the hospital where Akbar Ganji was receivingtreatment.(27) Released from Evin Prison on 6 August 2005, he was re-detained aweek later and taken to Arak prison, which usually holds non-political cases. In
2003 he had been sentenced to six months’ imprisonment, 70 lashes and hadbeen banned from working as a journalist for five years after conviction oncharges of libel, and was told that his re-arrest in August 2005 was in order for himto serve the remainder of that sentence, despite the plaintiff in the case havingwithdrawn their complaint. According to Iranian law, this should have led to hisrelease, but the Provincial Prosecutor, a former judge in his case, reportedlyrefused to order his release. According to Masoud Bastani’s wife, the prosecutorwas demanding that Masoud Bastani should write a letter of repentance andasking for clemency in order to be released. She also reported that he was beingheld in a cell with violent, non-political convicts and was in need of medicaltreatment, which he was denied. He was released for a month’s conditional leavein October 2005, but was returned to prison on 5 November 2005. In a shortmessage from prison, relayed by his wife in an interview withRooznewspaper on7 January 2006, Masoud Bastani stated that he was not prepared to ask for apardon. "Eventhough living in prison is difficult, …I am not willing to ask for apardon for a sin I have not committed. Freedom is sweet, but its price is moreimportant",he reportedly said.
WebloggerSayed Ahmad Sayed Sigarchiwas reported to have received 30lashes in Tabriz Prison in October 2005. He was arrested on 29 June 2005 inconnection with a weblog he had started in 2003, and sentenced by theRevolutionary Court in Tabriz to six months’ imprisonment and flogging, (reducedto four months’ imprisonment and flogging on appeal) after conviction of chargesincluding "insulting the Leader and senior officials" and "propaganda against thesystem. He is reported to have said that in the four months before his trial, he wasdenied access to visits by his family or a lawyer and that he was beaten while indetention.(28)Ahmad Reza Shiri,a weblogger from Mashhad, was given a three-yearsuspended sentence on 8 January 2006 apparently on charges relating to articleshe had written on his blog in 2004 calling for a boycott of the elections. He spent21 days in prison in February 2004 and was given a one-year suspendedsentence in June 2005. His computer was confiscated and his blog was closeddown, but he opened another shortly afterwards. Ahmad Reza Shiri has statedthat the Ministry of Intelligence asked for his case to be retried on new charges,including the fact that he gave interviews to foreign radio stations, which led to thenew sentence(29).Arash Sigarchi,another weblogger and former editor of the newspaperGilan-eEmrooz,was imprisoned in January 2006 to begin a three-year sentence for"collaborating with the enemy (USA)" through an interview he gave to RadioFarda, "insulting the Supreme Leader" and "propaganda against the system". Hewas detained for two months in January 2005 after he had criticised a wave ofarrests of other bloggers which began in October 2004 and was sentenced to 14years’ imprisonment by a Revolutionary Court. He was released on bail pendingan appeal against this sentence. The Appeal Court reportedly reduced thesentence to three years in June 2005 but did not inform him of this until 22January 2006. When he went to the Appeal Court on 26 January 2006 to requesta copy of the verdict, he was detained and transferred to Rasht Prison to begin hissentence.

3.2 Lawyers

Nasser Zarafshan,a lawyer who represented families of intellectuals and journalists murdered byintelligence ministry agents in 1998, (the "serial murders") remained a prisoner of conscience serving afive-year prison sentence imposed after an unfair trial in March 2002 for, among other things,"disseminationof confidential information"relating to the "serial murders" case, illegal possession offirearms and to flogging for possession of alcohol. Amnesty International believes that the weapons andalcohol were planted in his office to discredit him, and that the case against him is politically motivatedand intended to discourage other human rights defenders from pursuing cases of impunity.Nasser Zarafshan went on hunger strike in protest at being denied independent medical treatment. InJuly and November 2005, following international action by Amnesty International and others, he wasgranted periods of conditional leave for treatment for his kidney stones.
Abdolfattah Soltani,a lawyer and co-founder of the Centre to Defend Human Rights, was detained inJuly 2005. He was reportedly accused of releasing "secret and classified national intelligence" inconnection with his work defending clients accused of espionage. Prior to his arrest, he had also been amember of the legal team representing Akbar Ganji; and the family of Zahra Kazemi, (see below). Hewas held in incommunicado detention for over six weeks before being granted a visit by his wife inSeptember 2005. In December 2005, his pre-trial detention, during which detainees are not grantedaccess to lawyers, was extended for a further three months.

3.3 Trade Unionists

Borhan Divargar(see section 2.1.2 above) was also sentenced on or around 9November 2005 by the Revolutionary Court in Saqez to two years’ imprisonmentafter being convicted of charges relating to his participation in a peacefuldemonstration on May Day 2004 after which he and six other trade union activistswere arrested and released on bail.Of the six others who were also arrested at the same time and similarly charged,two were acquitted.Mahmoud Salehi,Spokesperson for theOrganisationalCommittee to Establish Trade Unions,former President of the SaqezBakeryWorkers’ Association,and co-founder of theCoordinating Committee to FormWorkers’ Organisations,was sentenced to five years’ imprisonment and threeyears’ in exile in the city of Ghorveh. At his trial, the Prosecutor reportedly pointedto his trade union activities as evidence against him, and referred to a meeting hehad held with officials from the International Confederation of Free Trade Unions(ICFTU) in April 2004 shortly before the May Day demonstrations. He was alsodetained for about one hour on 4 August 2005 during the demonstrations inIranian Kurdistan and reportedly warned not to participate in any demonstrations.
Jalal Hosseini,a member of theBakery Workers’ Associationof Saqez, wassentenced to three years’ imprisonment.Mohsen Hakimi,a member of theIranian Writers’ Association,andMohammad Abdipour,also a member of theSaqezBakery Workers’ Association,were both sentenced to two years’imprisonment. All were reportedly convicted under Article 610 of the Iranian PenalCode(30) after being charged with participation in the 2004 May Day event. Allwere subsequently charged with membership of the illegal Kurdish organisationKomala,which can carry the death penalty, although all were acquitted of thischarge at their trial which had been repeatedly delayed. In January 2006 all werereportedly free on bail pending an appeal against their conviction.On 22 December 2005, police arrested 12 of the leaders of the Union of Workersof the Tehran and Suburbs Bus Company, (Sharekat-e Vahed)(31) at their homesbut quickly released four of them. Further union members were arrested on 25December 2005 while staging a bus strike in Tehran to call for the release of theircolleagues. They and all those arrested earlier were released in the following dayswith the exception ofMansour Ossanlu,who at the end of January 2006remained detained in Evin prison without access to a lawyer, possibly facingcharges of having contact with exiled opposition groups and instigating armedrevolt, which can carry the death penalty.Seven union members, includingMansour Hayat Ghaybi; Ebrahim Madadi;Reza Tarazi; Gholamreza Mirza’i; Abbas Najand KouhiandAli Zad Hossein,were reportedly summoned to appear before a Revolutionary Court in Tehran on 1January 2006 to face public order charges but their trial was postponed whenother union members protested outside the court. On 7 January 2006, five driverswere reportedly detained when bus company workers staged another strike butwere later freed. Mass arrests of union officials and hundreds of members thentook place ahead of a strike planned for 28 January 2006. In early February 2006most were still believed to be detained in Evin prison in Tehran, apparently withoutaccess to their families or to lawyers.
4. Torture, including cruel, inhuman and degrading punishmentsTorture has been used systematically in Iran for many years for the purpose of extracting informationand confessions. Torture is facilitated by laws and procedures governing detention and interrogationwhich permit solitary confinement and ban access of detainees to lawyers until the process of
investigation is completed, and by the existence of parallel and sometimes informal institutions whichrun their own detention centres to which the judiciary has no access.In July 2005 the authorities announced that a report prepared by the judiciary had produced detailedevidence of human rights violations, including torture and ill-treatment, of prisoners and detainees inprisons and detention centres, referring, among other things, to the problem of parallel detentionfacilities. The report was said to have confirmed that measures had been taken to address the problemsidentified, but no information was disclosed as to the extent or efficacy of any such measures. However,Amnesty International has continued to receive new reports of torture and ill-treatment of detainees andis concerned that torture and other abuses remain routine in many Iranian prisons and detentioncentres. Denial of medical treatment as a means to place pressure on political prisoners has alsoemerged as an increasingly common occurrence (see Akbar Ganji and Nasser Zarafshan above).In addition, Iranian legislation permits the use of cruel, inhuman and degrading punishments whichamount to torture, such as flogging and amputations.

4.1. Cases of torture documented by Amnesty International since President Ahmadinejad’s

election

In August 2005, a group of almost 40 people, followers and family members of thelate Grand Ayatollah Mohammad Hossein Shirazi were attacked by members ofthe security forces when they tried to visit the grave of the Grand Ayatollah in theshrine of Sayedeh Ma’soumeh in Qom. The group, who were mostly women butincluded children and six men, were beaten with cables and sticks by officials whowere probably from the Ministry of Intelligence before being arrested. They wereall released the following day, after at least some were tortured or ill-treatedfurther in detention. At least two required immediate hospital treatement, includingAmirah Shirazi,who sustained a broken leg and severe bruising.RayhanaShirazi,aged 11, reportedly sustained bruising to the neck after being choked andwas said to have been dragged on the ground for about 100m before beingpushed into a van belonging to the security forces. No investigation is known tohave taken place and none of the officials responsible for this brutal andunprovoked attack are known to have been disciplined or brought to justice.In September,Arezoo Siabi Shahrivar,a photographer, was arrested, along withup to 14 other women, at a ceremony commemorating the 1988 "prison massacre"in which thousands of political prisoners were executed. She told AmnestyInternational that she had been kicked and punched by the security officials whoarrested her. She said "when[my interrogators] realised that they could not findout anything by questioning me, they handcuffed my hands and hung me on thesteel bars from the ceiling, so that the tips of my feet could hardly reach theground. Subsequently they started beating me with a lash, which was made of avery hard wire cable. They whipped me a lot on my flesh so that I felt that I washardly breathing due to the pain. Two people were constantly beating me up; andin the meantime I was subject to their verbal abuse and sexual harassment….They continued beating me until about midnight, when I could not bear it anylonger".A man from Shiraz identified to Amnesty International only by the name "Amir"who had been sentenced to 100 lashes on charges of carrying out homosexualactivities in 2004 alleged that he had been tortured and harassed and threatenedwith death by security forces.
Arab activistZahra Nasser-Torfi(see 2.1.1 above) was reportedly tortured while in detention inNovember 2005. She alleged that she was severely beaten, threatened with execution and wasthreatened with rape.Kurdish HRDRoya Toloui(see 2.1.2 above) also alleged that she was tortured and ill-treated, includingwith beatings during her time in detention. "Duringthe night of 6 August, [an official] personally torturedme in the most brutal ways and subjected me to such behaviours that cannot be expressed,"she said."Theywere forcing me to confess. I wrote that I will speak only in the presence of my lawyer and theylaughed at me. I wrote that this is against human rights and that I had the right to see my lawyer. Theylost their patience and they ordered that my children should be brought in and they threatened me andsaid that they will burn my children alive in front of my eyes."She added, "It’svery difficult for me to talkabout [what I went through]…I'm partly worried that women who are actively involved in the women's
movement would fear that they could face torture in case of arrest. But my message to all Iranianwomen who fight for their rights is that their struggle should [continue] with courage.(32)In this period, flogging sentences have continued to be imposed by the courts and implemented on afrequent basis. For example, on 28 December 2005, the daily‘Etemadreported that three men hadbeen flogged in public in Velayat Square in Jahrom after being convicted of drinking alcohol and unrulybehaviour by Branch 102 of Jahrom General Court.Sentences of amputations have also been implemented. In November 2005, an Iranian television stationin Khuzestan was reported to have announced that, after confirmation of the sentence by the SupremeCourt, an amputation was carried out in Karoun Prison, Ahvaz city on the left foot of a person namedonly asAbbas G,.A local Justice Ministry official was reported to have said, "Hewas sentenced by aRevolutionary Court in Mahshahr to have his right hand and left leg severed in public for taking part inarmed robbery and creating fear among the public".(33)On 28 November 2005, ISNA reported thatanother amputation, on the left foot of a man named only asAdelalso carried out in Karoun Prison afterhis sentence for armed robbery, passed by the Revolutionary Court in Mahshahr, was upheld by Branch32 of the Supreme Court. On 2 January 2006, theIrannewspaper reported that an unnamed 32-year-old man had been sentenced to three-and-a-half years’ imprisonment, 40 lashes and amputation of hishand for repeated burglary.

4.2 Zahra Kazemi – ongoing impunity for her killers

On 23 June 2003, 53-year old Canadian-Iranian photojournalistZahra Kazemiwas arrested for takingphotographs outside Evin prison. According to a governmental enquiry, Zahra Kazemi died as a result ofa blow to her skull, while she was under guard at the Baghiyetollah (or Baghiyeta’zam) hospital inTehran.On 16 November 2005, the Appeals Court verdict was announced, upholding the acquittal ofMohammad Reza Aghdam an official of the Ministry of Intelligence who had been charged in connectionwith Zahra Kazemi's death. He went on trial on 2 October 2003 but was acquitted on 24 July 2004.During his trial, lawyers representing the Kazemi family asserted that a judiciary official who had notbeen charged, not the defendant, was responsible for the death. Mohammad Reza Aghdam’s lawyertold reporters that the Judiciary had concluded that there had been shortcomings into the investigationinto the July 2003 death in custody, and had ordered that the case be sent back to the General andRevolutionary Court for a new investigation.Amnesty International welcomed the announcement of a new investigation, and urged that it bethorough and independent. Those carrying out the investigation should be empowered to:
summon witnesses, including members of the Office of the Tehran ChiefProsecutor,compel the disclosure of documents,ensure the protection of witnesses from harassment or intimidation,develop mechanisms to prevent the recurrence of similar human rights violationsin the future.

4.3 Denial of Medical treatment

A number of prisoners of conscience and political prisoners convicted after unfair trials reported thatthey were being denied medical treatment, possibly as an extra punishment for their perceived crimes,or their behaviour in prison. Examples include:
Mehrdad Lohrasabi,who was arrested during the July 1999 studentdemonstrations (known as the "18 Tir" demonstrations), was originally sentencedto death after an unfair trial before the Revolutionary Court and then had hissentence reduced to 15 years’ imprisonment, is currently held in Reja’i ShahrPrison. In a letter from the prison dated 1 November 2005 he stated, "Atthismoment however, I am extremely ill and suffer from everything from problems withmy left knee, my lungs, gums and teeth (scurvy) and a tumour that has begun torapidly grow in the left side of my cerebellum which I am told may be malignantand probably cancerous. I have requested a medical furlough from the prisonauthorities and they have categorically refused to permit me to receive medicalattention."
Khaled Hardani(34),was sentenced to death for participating in the attemptedhijacking of a 30-seater passenger aircraft in January 2001. The Head of theJudiciary reportedly issued a stay of execution on 19 January 2005, the daybefore he was due to be put to death and he has remained in a unclear legalsituation since. He is reported to be suffering a severe skin infection from a woundto the upper chest he received at the time of the attempted hijacking. He hasundergone a number of operations and prison medical officials are said to haverecommended that he receives specialist treatment outside prison, which to datehas been denied. On 24 October 2005, he was reportedly beaten by prison guardsin the sight of his wife and children while they were visiting him at the prison.Bina Darabzand,a founding member of the Democratic Party of Iran (Hezb-eDemokrat-e Iran),was arrested on 17 August 2004 outside the UN offices inTehran while demonstrating peacefully calling for better treatment of politicalprisoners and was sentenced to three-and-a-half years’ imprisonment, five years’denial of civil rights and 50 lashes. A prisoner of conscience, he reportedlyintervened to try to stop the beating of Khaled Hardani in October 2005 (seeabove). Both prisoners were removed from the visiting area without seeing theirvisitors. Bina Darabzand reportedly suffers from heart disease, kidney, dental, andeye problems for which he requires urgent medical treatment.Behrooz Javid Tehrani,arrested at the same time as Bina Darabzand (above),and sentenced to seven years’ imprisonment and 74 lashes (reduced to fouryears’ imprisonment and 74 lashes on appeal) was reportedly denied family visitsin October 2005 after giving an interview to an external radio station (Radio Farda)about the severe torture to which he was subjected in Evin Prison following hisarrest. He is reported now to have gone blind and to have been diagnosed with amalignant brain tumour.Arzhang Davoodi,an author, poet and Director of the Parto-e Hekmat Cultural-Educational Centre in Tehran, was arrested in October 2003 after he assisted inthe making of a secretly and illegally filmed TV documentary, called "ForbiddenIran" in which he criticised the Iranian authorities. He was kept in solitaryconfinement for over three months in a detention facility run by the RevolutionaryGuards, where he was severely tortured, resulting in injuries including a brokenshoulder blade, bleeding in his left eye, deafness, a broken jaw and broken teeth.He was later transferred to Evin prison, then to Reja’i Shahr Prison, and inSeptember 2005 was reported to have been moved to Bandar Abbas Prison, in acoastal town far from his family.
In a communication from prison believed to date from July 2005, Arzhang Davoodi stated that he hadbeen sentenced to 15 years’ imprisonment, 70 lashes and 5 years of house arrest and that his sentencehad been confirmed on appeal. He said that he was convicted on charges of establishing and directingthe Iranian Liberation Movement, writing a book calling for a secular Iran, organizing political prisonersinside prison, and other political activists in order to undermine the state, and cooperation with theproduction of the documentary film "Forbidden Iran". He stated, "Thereis a special government accountthat prisoners’ families are asked to deposit money in so their loved ones can receive medical treatment.Despite proof of the availability of such funds, the prison staff have repeatedly refused to allow me toreceive private medical care that I desperately need."5. Death PenaltyAmnesty International has recorded 69 executions between July 2005 and the end of January 2006,including two of youths reportedly under 18 at the time of their execution. It has recorded over 30 otherdeath sentences in the same period, including at least six imposed on defendants who were under 18 atthe time of their alleged offence. The true figures are probably much higher. Death sentences continueto be imposed for vaguely worded mainly political charges such as "corruption on earth", for consensualprivate adult sexual relations and for other offences such as drinking alcohol, as well as for crimes suchas rape, murder and drug-trafficking.

5.1 Execution of minors and child offenders

On 13 July 2005,‘Ali Safarpour Rajabi,aged 20, was hanged for killing HamidEnshadi, a police officer in Poldokhtar. Amnesty International recorded his death
sentence as having been passed in February 2002, when he was 17 years old,and believes his crime may have been committed when he was only 16 years old.
On 19 July 2005,Ayaz Marhoni,18, and a minor,Mahmoud Asgari,werepublicly hanged in the north-eastern city of Mashhad. According to press reports,they were convicted of sexual assault on a 13-year-old boy and had beendetained 14 months before. Prior to their execution, the two were also given 228lashes each for drinking, disturbing the peace and theft.In September 2005, a 22-year-old Iranian man convicted of rape was publiclyhanged in the southern province of Fars. According toE’temadnewspaper, hehad been sentenced to death in 2000, suggesting he was under the age of 18when the crime was committed.In December 2005Rostam Tajik,an Afghan national aged 20, was publiclyexecuted in a park in the city of Esfahan after conviction of the murder of a womanwhen he was aged only 16. He had been sentenced toqisas(retribution specifiedby the victim’s family). On 9 December, the Special Rapporteur on extrajudicial,summary or arbitrary executions of the United Nations Commission on HumanRights, Philip Alston, had called on the Iranian authorities not to proceed with theexecution, saying "Ata time when virtually every other country in the world hasfirmly and clearly renounced the execution of people for crimes they committed aschildren, the Iranian approach is particularly unacceptable. It is all the moresurprising because the obligation to refrain from such executions is not only clearand incontrovertible, but the Government of Iran has itself stated that it will ceasethis practice."On 3 January 2006, 18-year-oldNazaninwas sentenced to death for murder by acriminal court, after she reportedly admitted stabbing to death one of three menwho attempted to rape her and her 16-year-old niece in a park in Karaj in March2005. She was 17 at the time. Her sentence is subject to review by the Court ofAppeal, and if upheld, to confirmation by the Supreme Court.19-year-oldDelara Darabi,was sentenced to death by a court in the city of Rashtfor a murder committed when she was 17 years old. She denied the killing but thesentence was upheld by the Supreme Court at the beginning of January 2006,though her lawyer reportedly appealed the decision.
The Persian language news serviceAftabreported that Delara Darabi and a 19-year-old man, AmirHossein, broke into a house intending to commit burglary, but killed the woman who lived there. DelaraDarabi initially confessed to the murder, but subsequently retracted her confession and stated that shehad admitted responsibility for the murder at the request of Amir Hossein, to help him escape execution,because he believed that she would not be sentenced to death because she was under 18 at the time ofthe murder. She said that she was under the influence of sedatives during the burglary.For about four years, the Iranian authorities have been considering legislation that would prohibit theuse of the death penalty for offences committed under the age of 18. On 11 October 2005, Minister ofJustice, Jamal Karimirad, acting in his capacity as spokesman for the Iranian Judiciary, was reported ashaving told ISNA that if this bill was passed by theMajles,then those under the age of 18 would nolonger be executed. However, he made a distinction between "qisas" and other crimes carrying thedeath penalty, stating that "qisas" was a private, not a state matter, although he did state that attemptswere being made to address the issue of "qisas" as well.It is clear from his statement that the draft law currently under consideration falls far short of themeasures which are urgently needed in Iran if it is to meet its international human rights obligations notto execute children and juvenile offenders. The majority of executions of minors and juvenile offendersin Iran are cases of "qisas" where the individual has been found guilty of murder and it is unacceptablein this regard for the Iranian authorities to separate cases of murder from other crimes carrying thedeath penalty. Legislation is urgently required to ensure that no person in Iran is sentenced to death forany crime, including murder, committed when they were under the age of 18.

5.2 Death penalty for consensual adult sexual relations

A woman, identified only as "Soghra" was sentenced to death by stoning in October 2005 after
conviction of adultery, despite a moratorium on stoning imposed in December 2002 under a directivefrom the Head of the Judiciary. Amnesty International has recorded several sentences of stoning beingimposed since the moratorium was announced, although it is not aware of any such sentences beingcarried out. The organization wrote to the Iranian authorities in October 2005, seeking clarification of theprecise status of stoning in Iran, but by January 2006 had not received any reply.In November 2005, according to a report in theKeyhannewspaper, two men identified asMokhtar N.,aged 24 years, and ‘AliA.,aged 25 years, were publicly executed in Shahid Bahonar Square, Gorganfor the crime oflavat("sodomy"). The report went on to state that the men had committed previouscrimes, including kidnapping, stabbing and rape. Amnesty International sought clarification from theIranian authorities about the precise charges for which these two men were executed, but had receivedno reply by early February 2006.

5.3 Death penalty for political offences

In this period executions have been carried out on people who have been convicted of vaguely wordedpolitical offences after unfair trials, usually before Revolutionary Courts. Many others political prisonersconvicted after unfair trials remain at risk of execution.
Esma’il Mohammadiwas executed on 3 September 2005 in Oroumieh Prison.His family learned of his death when they went to visit him and were told he hadbeen executed. They were given his clothes and personal effects, but not hisbody. He had been sentenced to death in July 2003 after an unfair trial by Branch1 of the Revolutionary Court in Oroumieh. He was convicted of "armed struggleagainst the Islamic regime" and "membership of a proscribed organization",believed to stem from his activities on behalf ofKomala,a Kurdish oppositiongroup.On 17 September 2005Jassem Ma’rouf,also known asAbbas Khosreji,anIranian Arab, was executed in Ahvaz reportedly after conviction of being amohareb(at war with God).Abu Baker Mirza’i Qaderi, Othman Mirza’i Qaderi, and Qader Ahmadiwere allreported to be at imminent risk of execution in September 2005 after conviction ofcharges relating to activities on behalf of the KDPI. They are not known to havebeen executed by January 2006.(35)41-year-oldSheikh Abbas Abou Ali Zalim,an Iranian Ahwazi Arab was hangedin Sepidar prison in Ahvaz city at the end of November or early December 2005.His family were reportedly given his body on or around 5 December 2005. He wasinvolved in the April unrest. He was believed to have been detained aroundSeptember 2005 and to have been executed after conviction of charges relating toinvolvement in the ongoing unrest in Khuzestan province.Aziz Khalakani,a Kurd, was executed on 18 December 2005 after spending over9 years in Oromieh prison after conviction of having killed a member of thesecurity forces.Masoud Shokeh,arrested at the same time, was executed twoweeks later on 1 January 2006.

5.4 Death Penalty for drinking alcohol

In November,Karim Fahimi(also known as Karim Shalo), aged 32 and married with two youngchildren, was reported as being at imminent risk of execution by firing squad after his death sentence,originally passed in June 2005, was confirmed by the Supreme Court. He had been convicted for thefourth time of drinking alcohol, to which he had become addicted after becoming unemployed about fouryears previously. Article 174 of the Iranian Penal Code provides for a sentence of 100 lashes for anyoneconvicted of consuming an intoxicant. Under Article 176, a third such offence carries the death penalty.Karim Fahimi is reported to have been arrested after his family called the police for help one night whenhe was drunk at home. His family is reported to have said, "Ifwe had known that instead of medicaltreatment, he would be put in jail and sentenced to death, we would never have called and asked for thegovernment’s help".6. Amnesty International’s concerns and international human rights standards

6.1. Imprisonment of prisoners of conscience

Amnesty International is aware that there has been a high level of violence in parts of Iran in this periodand recognizes the rights and responsibilities of governments to bring to justice those accused ofrecognizably criminal offences such as causing explosions, murder or participation in violentdemonstrations. However, Amnesty International is concerned that many of those referred to in thisreport are prisoners of conscience who have been detained or imprisoned solely on account of thepeaceful expression of their political, religious or other conscientiously held opinions, or on account oftheir ethnic origin, gender, or language. All such prisoners of conscience should be releasedimmediately and unconditionally. Such detention is facilitated by often vaguely worded and contradictoryIranian legislation which restricts the internationally recognised right to freedom of belief, expression,and association as contained in the International Covenant on Civil and Political Rights (ICCPR), towhich Iran is a state party.

6.2 Detention of children with adults

Amnesty International is concerned at reports that children in Iran are being detained alongside adultsand are, on occasion tortured or ill-treated. Both the ICCPR and the Convention on the Rights of theChild (CRC), to which Iran is also a state party, requires that children shall be separated from adults indetention.

6.3 Unfair trials of political prisoners

Trials in Iran before General, Revolutionary or other Special Courts do not meet international standardsfor fair trial, most notably those laid down under Articles 6 (in capital cases) and 14 of the ICCPR. Theindependence of the judiciary is compromised, the independence and security of lawyers areundermined and detainees are not afforded access to legal counsel until investigations are deemedcomplete, leading to prolonged periods of incommunicado detention, sometimes in parallel or informaldetention centres to which the judiciary has no access, which facilitate the use of torture or ill-treatmentto obtain confessions.(36)

6.4 Denial of minority rights

Amnesty International is concerned about the violation of economic, social and cultural rights of personsbelonging to minorities in Iran. Iran is a state party to the International Covenant on Economic, Socialand Cultural Rights (ICESCR), as well as to the International Convention on the Elimination of RacialDiscrimination (ICERD) which require the immediate prohibition, and steps towards the elimination ofdiscrimination against minorities, in the realisation of economic, social and cultural rights, including therights to free choice of employment, to housing, to education, to equal participation in cultural activitiesand to social services. Reports of huge disparities between minority communities and majority groups inliteracy, access to education, basic services such as adequate water supplies, sanitation and electricity,as well as reports of "land grabbing" which appears to target minority communities, all suggest that Iranis failing to comply with these international obligations.The Committee on the Elimination of Racial Discrimination stated in paragraph 14 its concludingobservations in 2004: "TheCommittee takes note with concern of the reported discrimination faced bycertain minorities, including the Bahá'ís, who are deprived of certain rights, and that certain provisions ofthe State party's legislation appear to be discriminatory on both ethnic and religious grounds.The Committee on Economic, Cultural and Social Rights has stated in relation to Article 11(1) of theICESCR, which provides the right to adequate housing, that forced evictions from a place of habitualresidence without consultation, due process or assurance of adequate alternative accommodation areprohibited(37). The Human Rights Committee (HRC), has stated in relation to Article 12(3) of theICCPR: "theright to reside in a place of one’s choice within the territory includes protection against allforms of forced internal displacement It also precludes preventing the entry or stay of persons in adefined part of the territory."(38).

6.5 Human Rights Defenders

Amnesty International is concerned about the restrictions placed on the work of human rights defendersin Iran, including journalists, lawyers and trade unionists, and the human rights violations they suffer asa result of their peaceful activities to promote and protect human rights.The UN Declaration on Human Rights Defenders(39), while not legally binding, reiterates bindingsafeguards for the right to defend human rights. These include the right to promote and protect humanrights and fundamental freedoms, the right to benefit from an effective remedy for human rightsviolations, and the right to participate in peaceful activities against human rights violations. States arealso require to take necessary measures to protect human rights defenders from violence, threats,
retaliation,de factoorde jureadverse discrimination, pressure or other arbitrary action related to theirwork.The UN Basic Principles on the Role of Lawyers(40) outlines protections for legal professionals. Inparticular, Article 16 stipulates that lawyers should be able to work without "intimidation, hindrance,harassment or improper interference", be free to travel within their own country and abroad, and shouldnot be prosecuted or suffer other sanctions or threats in connection with their legitimate professionalwork. Article 23 safeguards the right of lawyers to freedom of expression and association, especially inrelation to public discussion of the law, the administration of justice and the protection and promotion ofhuman rights.The right to form and join trade unions is well-established in international law, notably under Article 22 ofthe ICCPR and Article 8 of the ICESCR. Iran is also a member of the International Labour Organization(ILO) and is bound by its requirements, including the ILO Committee on Freedom of Association’s rulingthat it is not legitimate for states to restrict the right to strike during disputes concerning workers’occupational and economic interests. States can restrict the right to strike only in cases of acute nationalemergency (and then for a limited period only). Freedom of association and the effective recognition ofthe right to collective bargaining are core principles of the ILO’s Declaration on Fundamental Principlesand Rights at Work, which requires all state parties "to respect, to promote and to realize, in good faithand in accordance with the Constitution, the principles [of the Declaration.(41)

6.6 Torture and other cruel, inhuman or degrading treatment or punishment

Amnesty International is concerned at the continuing reports of torture and ill-treatment in Iran, includingthat of women and children. Article 7 of the ICCPR provides that:"No one shall be subjected to tortureor to cruel, inhuman or degrading treatment or punishment".Under Article 4(3) of the ICCPR, thisprovision cannot be derogated from even "Intime of public emergency which threatens the life of thenation".The CRC reiterates this absolute prohibition with respect to children. Under Article 9 of the UNDeclaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment,"[w]herever there is reasonable ground to believe that an act oftorture ... has been committed ...[statesmust]promptly proceed to an impartial investigation even ifthere has been no formal complaint."The Human Rights Committee has also stated in relation to Article7 of the ICCPR (cited above) that"[c]omplaints[about torture and ill-treatment]must be investigatedpromptly and impartially by competent authorities..."(42).Judicial corporal punishments such as floggingand amputation constitute torture or cruel, inhuman or degrading punishment, and are thereforeprohibited at all times.Amnesty International also considers the denial of adequate medical treatment to prisoners anddetainees to be a violation of international law and standards, including the provisions of the ICCPR that"All persons deprived of their liberty shall be treated with humanity" (Article 10(1)) and the prohibition oncruel, inhuman or degrading treatment or punishment (Article 7).

6.7 The death penalty

Amnesty International opposes the death penalty in all circumstances as a violation of the right to lifeand the ultimate cruel, inhuman and degrading punishment. In addition, Iran, as a state party to theICCPR and the CRC has an absolute obligation not to execute anyone for an offence committed whenthey were less than 18 years old. Article 6 of the ICCPR provides: "Sentenceof death shall not beimposed for crimes committed by persons below eighteen years of age".Article 37 (a) of the CRC states….Neithercapital punishment nor life imprisonment without possibility of release shall be imposed foroffences committed by persons below eighteen years of age.Methods of execution such as stoning,which are specifically designed to cause the victim great pain before death are of particular concern toAmnesty International, as an extreme form of torture.Amnesty International also opposes the criminalisation of consensual adult sexual relations conductedin private, including same sex relations. Amnesty International urges the Iranian authorities to urgentlyreview legislation to ensure that no one in Iran is detained or punished, including by execution, solely onaccount of such consensual relations.7. Amnesty International’s RecommendationsAmnesty International is calling on the Iranian government to take urgent, concrete measures to addressthe longstanding pattern of human rights violations and to ensure that all the fundamental human rightsof all persons in Iran are protected irrespective of their gender, ethnicity, religious faith or other suchdefining characteristics. In particular, Amnesty International urges the government of PresidentMahmoud Ahmadinejad to take the following steps:
Release all prisoners of conscience immediately and unconditionally;Review law and practice to ensure that no one may be imprisoned as a prisoner ofconscience or discriminated against solely on account of their political opinions,race, ethnicity, gender, sexuality or language;Review as a matter of urgency, through an independent judicial body, the cases ofall political prisoners held without trial or convicted after unfair trials, and order theimmediate release of all of those against whom there is no evidence that theyhave committed a recognizably criminal offence;Grant all such prisoners prompt and regular access to lawyers of their ownchoosing and their families and to appropriate medical care if necessary;Investigate all allegations of torture or ill-treatment promptly and thoroughly. Themethods and findings of any such investigation should be made public. Anyoneimplicated in human rights violations should be brought to justice promptly andfairly and victims of torture and ill-treatment should be granted compensation;Take effective measures to eradicate the use of torture, including the fullimplementation in practice of Iran’s own legislation and the ratification of the UNConvention against Torture and Other Cruel, Inhuman or Degrading Treatment orPunishment and complying with its provisions;Ensure that children are detained only as a last resort and for the shortestpossible time and that they are not held with adult detainees;Demonstrate its respect for the inherent right to life by ordering a moratorium onexecutions, and take immediate steps to prevent further executions of prisonerswho are children, or who were children at the time of their alleged crimes;Ensure that all trials, including in capital cases, respect, as a minimum standard,the relevant provisions of the ICCPR;Ensure exhaustive and impartial investigations are conducted into violationsagainst human rights defenders, that anyone found responsible is brought tojustice and that victims or their relatives are provided with reparation;Take effective action to sanction state officials who abuse the legal process to thedetriment of human rights defenders, including journalist, lawyers and tradeunionists, with the intention of harassing them or curtailing their legitimateactivities for the defence of human rights and fundamental freedoms;Ensure that the principles contained in the UN Declaration on Human RightsDefenders, adopted by the United Nations General Assembly on 9 December1988 are fully incorporated into national law and mechanisms for the protectionsof human rights. Authorities at all levels of government should explicitly committhemselves to promoting respect for human rights, and to the protection of humanrights defenders;End any policy of deliberate land expropriation or population transfer aimed atdispossessing minority populations from their traditional lands;Cease any practice of forced evictions: that is evicting people from land or housingwithout consultation, due process of law, and assurances of adequate alternativeaccommodation;Cease forced internal displacement linked to forced evictions and "land grabbing";Take immediate steps towards the elimination ofde factodiscrimination in theexercise of economic, social and cultural rights such as rights to education,
adequate housing, water and sanitation as well as in access to utilities such aselectricity adopting special measures, such as multilingual education, asnecessary.********(1) See Iran: Amnesty International urges new president to make human rights a top priority (AI IndexMDE 13/041/2005)(2) Article 3(14) provides for equality of all before the law. Article 15 permits the use of "local and ethniclanguages" and the teaching of "ethnic literature" in schools, while establishing Persian as the officiallanguage. Article 19 states: "All people of Iran, whatever the ethnic group or tribe to which they belong,enjoy equal rights, and colour, race, language, and the like do not bestow any privilege".(3) Amnesty International recognises that there is currently no internationally agreed definition of aminority. However, in using this term we refer to non-dominant ethnic, religious and linguisticcommunities, who may not necessarily be numerical minorities. Amnesty International believes that theexistence of a minority is a question of fact to be determined on the basis of reasonable and objectivecriteria. Membership of a minority should be by choice; in the absence of other criteria, membership of aminority should be determined by self-identification.(4) Iran does not provide official statistics on the demographic makeup of its population(5) A form of ideological selection which requires state employees to demonstrate, among other things,allegiance to Islam, and the Islamic Republic of Iran including the concept of velayat-e faqih (Rule of theJurisconsult). For further information about discriminatory gozinesh procedures, please see AmnestyInternational’s concerns relevant to the 91st International Labour Conference (AI Index: IOR42/003/2003)(6) A person imprisoned or otherwise physically restricted because of their political, religious or otherconscientiously held beliefs, ethnic origin, sex, colour, language, national or social origin, economicstatus, birth, sexual orientation or other status – who has not used violence or advocated violence orhatred.(7) www.ohchr.org/english/press/docs/20050809PreliminaryNotesonSRMissiontoIran.doc(8) The Islamic Consultative Assembly, or Majles, is Iran’s Parliament(9) The letter may be found at: http://www.ahwaz.org.uk/images/Arvand.pdf(10) http://www.irinnews.org/report.asp?ReportID=48518&SelectRegion=Asia(11) The unrest began in April 2005, when at least 31 and possibly up to 54 Arabs died, hundreds wereinjured and hundreds more detained following demonstrations in protest at a letter allegedly written in1999 by a presidential adviser, who denied its authenticity, which set out policies for the reduction of theArab population of Khuzestan including resettling Arabs in other regions of Iran, resettling non-Arabs inthe province, and replacing Arabic place names with Persian ones. The text, with an English translation,can be found at http://www.ahwaz.org.uk/images/ahwaz-khuzestan.pdf; the supposed author’s denialthat he wrote the letter, along with an explanation of the contents, can be found (in Persian) athttp://www.webneveshteha.com/. The security forces appear to have used excessive force in stoppingthe demonstration resulting in unlawful killings or possible extra-judicial executions. The governmentand Majles reportedly both began a limited enquiry into the unrest. For further information, please seeKhuzestan, Iran: Amnesty International calls for an end to the cycle of violence in Khuzestan and aninvestigation into the root causes of recent unrest, AI Index MDE 13/017/2005). Scores more werearrested following four pre-election bomb blasts in Ahvaz and two others in Tehran which killed up to 10people and injured at least 90.(12) ISNA 3 September 2005(13) www.ohchr.org/english/press/docs/20050809PreliminaryNotesonSRMissiontoIran.doc(14) ILNA: 17 October 2005(15) ISNA 9 August 2005(16) Mardom-e Salari 13 August 2005
(17) Interview with Radio Farda 27 January 2006(18) For further details please see Iran: Threats against Kurdish Human Rights Defenders Must Stop AIIndex MDE 13/010/2005(19) For information on the Special Court for the Clergy please see Iran: Human Rights Violationsagainst Shi’a Religious Leaders and their followers (AI Index MDE 13/018/1997).(20) Dr Mahmudali Chehregani, a former lecturer at Tabriz University, was detained as a prisoner ofconscience in 2000 for his advocacy of Azeri Turkish rights (See AI Index MDE 13/011/2000. He hassince left Iran and is the head of GAMOH (South Azerbaijan National Awakening Movement).(21) Conversion from Islam (apostasy) is forbidden under Islamic Law, which requires apostates to beput to death if they refuse to reconvert to Islam. There is no specific provision in the Iranian Penal Codefor apostasy, but judges are enjoined to use their knowledge of Islamic Law to rule on cases wherecodified legislation does not exist.(22) For more information on this case see Hamid Pourmand: Imprisonment due to religious belief (AIIndex MDE 13/060/2005)(23) See http://www.compassdirect.org/en/newslongen.php?idelement=4099(24) Dhabihullah Mahrami had spent 10 years in prison after being convicted of apostasy. His deathsentence was reportedly commuted to life imprisonment in 1999. For further details of his case see Iran:Dhabihullah Mahrami: Prisoner of Conscience (AI Index: MDE 13/034/1996) and Iran: Inquiry needed inthe death of Baha’i prisoner of conscience (AI Index: MDE 13/004/2006)(25) Aref News 9 January 2006(26) For further information about legislation restricting freedom of expression see Iran: A legal systemthat fails to protect freedom of expression and association AI Index MDE 13/045/2001)(27) See Iran: Hunger Strikers at serious risk of death AI Index MDE 13/042/2005)(28) Tabriznews 26 January 2006(29) See Reporters without Borders Iran: Blogger gets three year suspended sentencehttp://www.rsf.org/article.php3?id_article=16207(30) Article 610 states: "If two or more persons gather together and collude to commit crimes against theinternal or external security of the country or prepare the means to commit the same, if they are not oneof the instances of Mohareb (enmity against God), they will be sentenced to two to five years’imprisonment.(31) The union representing Tehran’s bus workers was banned after the 1979 Islamic Revolution, thenreactivated in 2004 although it is not legally-recognized.(32) Interview with Radio Farda 27 January 2006(33) Khuzestan TV 22 November 2005(34) See AI Index MDE 13/003/2005(35) See Urgent Action AI Index MDE 13/054/2005 for further details.(36) For a fuller discussion of the shortcomings of the Iranian legal system and unfair trials in Iran, seeIran: A legal system that fails to protect freedom of expression and association (AI Index MDE13/045/01) and Iran: Unfair trials of political detainees (AI Index MDE 13/015/1992)(37) CESCR General Comment 4 (Sixth Session 1991) and 7 (Sixteenth Session 1997)(38) HRC General Comment 27, paragraph 7 (Sixty-seventh Session 1999)(39) The Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society toPromote and Protect Universally Recognized Human Rights and Fundamental Freedoms, Resolution53/144, 9 December 1998
(40) Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment ofOffenders in Cuba, 27 August to 7 September 1990(41) Adopted by the ILO at its 86th Session, Geneva, June 1988(42) Human Rights Committee, General Comment 20, Article 7 (Forty-fourth session, 1992), para. 14.