Human Rights Developments
As international attention focused on Iran's criticism of the Arab-Israeli
peace process, and other aspects of its foreign policy, inside the country
Iranians were increasingly outspoken in demanding respect for basic freedoms. A
few days before his death in January, the Islamic Republic's first Prime
Minister, Mehdi Bazargan, who in recent years had been one of the government's
most persistent internal critics, spoke of the suppression of political freedom
and of "widespread, corruption into the very heart of the judiciary."
He noted in an interview published in the West, "they never allowed this
nation to breathe. All efforts to restore some liberty were crushed at the
inception." Bazargan's words aptly described another year in Iran's long
human rights crisis. The government closed newspapers, imprisoned critics,
forcibly suppressed protests, and condoned vigilante attacks against domestic
opposition. Religious zealots from competing authorities interfered in people's
everyday lives enforcing ever-changing rules of conduct.
The attack on freedom of expression, reported in Human Rights Watch World
Report 1995, gathered pace. In a case that had a chilling effect on writers and
creative artists, Ali Akbar Saidi-Sirjani died in detention under mysterious
circumstances in November 1994. The coroner's report on the cause of death of
this prominent writer was withheld.
Ayatollah Ahmad Jannati, a senior member of the Council of Guardians,
denounced writers who, following the disappearance of Saidi-Sirjani, signed an
open letter in October 1994, calling for an end to censorship. Speaking at
Friday prayers at Tehran University, Ayatollah Jannati accused the writers of
"spreading corruption," and warned them that if they continued
zealous government supporters (hezbollahi) would act to stop them. The Council
is a body of twelve clerics and experts in Islamic Law responsible for ensuring
that legislation comports with Islamic principles and the Constitution of the
Islamic Republic.
In December 1994, 500 journalists joined the writers' protest against
censorship, objecting in particular to the summary closure of newspapers by the
authorities. Nevertheless, in February 1995, the Press Supervisory Board, a
government dominated body, ordered the closure of the Jahan-e Eslam newspaper
for "acting against the security of the state, and tarnishing
officials." The closure arose out of a serialized interview with former
Interior Minister Ali Akbar Mohtashemi, which was highly critical of the
policies of president Rafsanjani. In March, the literary journal Takapou was
accused of violating Islamic values and closed. In August, the government
closed Payam-e Daneshju, a weekly news magazine, also associated with the
critics of the president. The magazine had gained a large circulation because
of its reporting on allegations of widespread corruption within the government,
and within the Bonyad-e Mostazafin, a foundation closely associated with the
government. In October, a provincial daily, Tous, was closed for violating laws
on defamation in its criticism of the government.
The government carried out these newspaper closures in apparent violation of
press laws requiring charges against the media to be brought before a court.
The government submitted the draft of a new press law to the parliament
(Majles) in June. The new law would provide the Ministry of Islamic Guidance
with powers to order the closure of publications without the need for prior
court approval, thus writing into law the ministry's de-facto powers. The
banned but active opposition group, the Freedom Movement of Iran, criticized
the draft law because it would allow the executive to encroach on the powers of
the judiciary, and would further restrict the freedom of the press.
In violation of constitutional prohibitions on government ownership of
newspapers, government officials began publication of two new newspapers, Iran
and Akhbar.
Restrictions on freedom of expression also extended to the cinema industry.
In June, 214 filmmakers signed an open letter to the government calling for the
lifting of government's restrictions on the industry. The filmmakers complained
of bureaucratic interference in scripts, production, funding and distribution.
The Ministry of Islamic Guidance responded to these protests by announcing at
the end of June that it would ban the export of films portraying a
"negative image of life in Iran." In recent years, Iranian films have
won acclaim at international film festivals, but the ministry stated that these
films "lack a national and Islamic identity."
In a sinister development, threatening to stifle the free exchange of ideas,
hezbollahi mobs attacked intellectual Abdol Karim Soroush as he was giving a
speech in Isfahan, in July, and again in Tehran in October. On both occasions,
scores of youths opposed to the philosopher's ideas disrupted his scheduled
university lectures, preventing him from speaking. Dr. Soroush had been criticized
for his liberal interpretation of Islamic principles. The attack on Soroush
followed criticism made in September by Spiritual Leader Ali Khamenei, who
chided unnamed intellectuals for unjustly criticizing the clergy and
"earning a living on Islam." In July, following the first attack on
Soroush, 107 professors sent an open letter to President Rafsanjani urging him
to uphold the constitution, and to prevent such illegal interference in
people's rights.
Vigilante violence continued throughout the year, encouraged by state
officials and religious spokesmen. In July, a mob attacked the memorial service
for Dr. Karim Sanjabi, a leader of the National Front, and a former minister in
the transitional government of Mehdi Bazargan. The authorities took no action to
restrain the attackers or to pursue and prosecute them after the event.
In August, the Morgh Amin bookstore in Tehran was firebombed because it had
published a book condemned by some as un-Islamic. The burning of the bookstore
sparked a controversy in the press as hard-liners, like Ayatollah Jannati,
praised the actions of those who burnt the store, saying that they had only
done what the authorities should have done. This brought a response from
supporters of president Rafsanjani, "How can a man who is a member of the
legislature encourage thugs to take the law into their own hands." Others
within the government responded that it was the testament of Ayatollah Khomeini
that the hezbollahi should take up the task of protecting Islam whenever the authorities
failed. When Salam newspaper entered the fray, accusing Ayatollah Jannati of
"encouraging anarchy," a mob gathered outside the newspaper offices
shouting "death to the enemies of Islam." In September, more than
forty publishers sent an open letter to president Rafsanjani calling on the
government to "deal legally with anti-cultural elements and book
burners."
The president's critics were not the only Iranians resorting to
officially-sponsored vigilantism. Clerics had written an open letter to
Ayatollah Khamenei in August, Salam newspaper reported, protesting that
supporters of president Rafsanjani had formed gangs of thugs who "drove
from their pulpits" Friday prayer leaders critical of government policies.
Also in August, government supporters prevented Ayatollah Mohtashemi from
making a speech at Tehran University.
The forthcoming elections were increasingly the focus of opposition
statements. The opposition Freedom Movement called on Iranians to participate
in the elections, and to change the government through the ballot box. However,
in August, the authorities reconfirmed the ban on the Freedom Movement as an
organization whose activities "are not in accordance with the Iranian
Constitution." The authorities took no measures to secure meetings and
activities organized by the Freedom Movement from attack by mobs.
The continuing economic crisis contributed to social unrest. In April
residents of a shantytown in the Islamshahr suburb of Tehran demonstrated
against increases in bus fares. According to Amnesty International, security
forces fired on the crowd, killing up to ten people. Revolutionary Guards
detained hundreds of people after the demonstration. Golam Hossein Rahbarpour,
head of the Revolutionary Courts in Tehran, announced in June that fifty of the
demonstrators would go on public trial before Revolutionary Courts.
Nevertheless, the detainees were held incommunicado, and without charges. In
response to the Islamshahr disturbances, the government was reported to have
conducted military maneuvers, and formed a rapid reaction force "to crush
the enemies of Islam," according to journalist Safa Ha'eri.
In July, Salam newspaper reported a strike by workers at the Benz Khavar
auto manufacturing plant in Islamshahr. The workers' demands for increased pay
were met by the deployment of troops around the factory, who broke up the
demonstration after three days. The opposition Iran Nation Party reported that
some of the strikers were detained, and would face trial before Revolutionary
Courts. In August, workers in a privatized textile factory in Ghaemshahr, in
northern Iran, staged a protest against job lay-offs. Again, Revolutionary
Guards forcibly broke up the protest.
Intrusive restrictions on everyday life continued. In January, the Majles
passed a law banning the possession of satellite television dishes. The law,
which came into effect in March, stipulated that violators would be fined up to
$2,000. The new law also gave a pretext for security forces to enter private
houses to search for outlawed satellite equipment.
In September, Ayatollah Khamenei issued a fatwa stating that, "teaching
young people to read and play music makes them depraved and leads to
corruption." In accordance with the ruling, Tehran's largest public-funded
cultural center canceled its music classes. However, private music schools
continued to function.
In September, Ayatollah Jannati urged zealous Muslims to block traffic if
they saw wedding parties that did not conform to Islamic norms. According to
Reuters, the radical legislator was apparently referring to brides who appeared
in public in western-style bridal gowns.
The activities of extra-governmental enforcers of Islamic orthodoxy became
more prominent throughout the year, increasing the likelihood of interference
in the daily life of citizens. Women continued to be hounded to comply with
petty restrictions. In May, police authorities began implementation of a decree
prohibiting women from riding in the front seat of taxis. More than 120 shops
in northern Tehran were closed for selling female clothing "incompatible
with the norms of the Islamic Republic." Detention of women for failure to
observe a rigid dress code continued, but enforcement was inconsistent and unpredictable.
In an interview with Aftab-Gardoun magazine in June, president Rafsanjani urged
women to accept the "limitations" nature had imposed on them.
In May, according to Salam newspaper, a new court system was introduced in
Tehran, in accordance with the decision to unify criminal courts within a
system of General Courts (Dadgahayeh Aam). The introduction of the new system
brought chaos as inexperienced judges were given responsibility over both
investigation and judgment, undermining legal safeguards. The government dealt
severely with those who criticized the new system. Dr. Javad Tabatabai,
deputy-dean of Tehran University Law School, was dismissed after criticizing
the new courts. Students declared a strike to protest his removal.
In an unusual development, three women accused of the murder of Christian
leaders in 1994, were brought to trial in public before Revolutionary Court.
Proceedings before such courts almost invariably take place in secret. The
motivation of the authorities to hold this trial in public appeared to be
political, as the authorities sought to place responsibility for the killings
on the violent opposition group, the People's Mojahedine Organization of Iran
(PMOI). At the hearing in September, the women confessed to the murder of
Protestant pastor Tateos Michaelian. The women's confessions, emphasizing their
connection to the PMOI, were televised. Other unusual aspects of this trial
were that the women were assigned lawyers_lawyers
are normally banned from Revolutionary Courts_and
the hearings were open to observers, including Western diplomats.
There were reports that political opponents of the government were sentenced
to death, especially in the Kurdish areas in the northwestern provinces. For
example, in September, according to the Kurdish Democratic Party of Iran, which
advocates armed revolt, six of its supporters were executed in Orumieh Prison.
Also in September, the Organization of Iranian People's Fedaian (Majority)
announced the execution of one of its supporters in Langrud. Violent clashes
between armed government opponents and the security forces continued to take
place in the Kurdish areas, and in Sistan va Baluchestan province in the
southeast.
Iran has long provided a haven to millions of refugees from the conflict in
Afghanistan, with little assistance from the international community. In a
draconian plan, the government announced that all of the estimated 1.6 million
refugees must leave Iran by March 1997, inducing them to leave by refusing to
renew their residency or work permits. The government's resolve to eject its
Afghan population was not weakened by the continuing conflict in Afghanistan,
from which the refugees had originally fled.
The government enhanced its joint security agreement with Turkey, which led
in August to an exchange of dissidents, in violation of the international
prohibition on refoulement. Iran handed over thirty-four opponents of the
Turkish government and received fourteen Iranian dissidents in return. While an
Interior Ministry spokesman, Ali Reza Barati, stated that cooperation with
Turkey "to eradicate terrorism" would continue, these exchanges raise
grave concerns about the security of Iranian refugees in Turkey who were
compelled to go through processing by Turkish police in order to obtain refugee
status.
The Right to Monitor
The government denied access to independent international human rights
organizations, and for the forth consecutive year, the U.N. special
representative on the human rights situation in Iran was not allowed to visit
Iran. Domestic human rights activity was limited to government controlled
groups. Human rights bodies like the Parliamentary Human Rights Committee, the
Organization for Defending Victims of Violence, which was associated with the
Ministry of Foreign Affairs, and the newly established Human Rights Commission
within the judicial branch operate in Iran, but their activities did not
substitute for independent monitoring or reporting. Nevertheless, this year saw
an increasing number of groups and individuals voice public criticism of the
government. In January, Grand Ayatollah Sadeq Rouhani, one of Shi'ism's
pre-eminent clerical leaders, wrote an open letter to President Rafsanjani
stating that life in Iran had become "unbearable for those who abide by
the true principles of our Islamic faith." Grand Ayatollah Rouhani stated
that he wished to leave Iran because his life was at risk from "armed
criminals." In a long letter, published in London by the Arabic daily
Ash-Sharq Al-Awsat, Grand Ayatollah Rouhani criticized specific government
practices, including night raids on private houses on the pretext of searching
for alcohol, and confiscation of property without due process of law.
In a second open letter in June, Grand Ayatollah Rouhani criticized
arbitrary detention, beatings of prisoners and extrajudicial executions. In
apparent response to Rouhani's statements, the security forces detained
twenty-five of his followers in Qom in July, including his 26-year-old son,
Javad. The detainees were held in an unknown location, and the authorities did
not announce the charges on which they were being held. Grand Ayatollah
Rouhani's movements were restricted by the authorities, as were those of other
senior clerics, including Ayatollah Montazeri, the former designated successor
to the Leader of the Islamic Republic. Many clerics joined in protests against
these actions.
Secular critics were also active in 1995. Retired general Azizollah Amir
Rahimi continued to voice dissent, even after his release from prison in March.
Former minister, Dariush Foruhar openly challenged the authorities in a July
telephone interview with the independent Paris-based news agency, Iranian Press
Services, to permit "a peaceful transition from dictatorship to
democracy," or else "face the consequences." He warned that
"state hooliganism" would be confronted forcefully. Foruhar also
condemned forthcoming parliamentary and presidential elections, scheduled for
March and April 1996, as a facade.
Foruhar's supporters claimed that the government was preparing to kill him,
pointing to an article in Keyhan Hava'i newspaper in which he was accused of
being "in tune with Western governments," and of rejecting the
Islamic Constitution. The article suggests that while in Europe, Mr. Foruhar, "may
be prey to violent actions by opposition organizations."
Former deputy-Prime Minister Abbas Amir-Entezam continued to speak out from
his prison cell in Evin Prison. Mr. Amir-Entezam, imprisoned since late 1979 on
unproven charges of espionage for the United States, wrote to a prominent
German legislator to call for worldwide condemnation of the government's
violation of human rights. "Why should our people be denied the right of
choosing freely its own government?" Mr. Amir-Entezam asked in his letter.
The Role of the International Community
The United Nations
The U.N. special representative on Iran was not allowed to visit Iran in 1995.
Nevertheless, in March the U.N. Commission on Human Rights condemned Iran for
"gross and systematic violations of human rights." The report of the
special representative adopted by the Commission noted that at least 283
persons detained in 1992 in connection with unrest in Mashad remained in
detention without trial. The report also detailed the persecution of religious
minorities, including increased surveillance on Iranian Christians.
In August, the U.N. Subcommission on Prevention of Discrimination and
Protection of Minorities adopted a resolution condemning "flagrant
violations of human rights in Iran," including "excessive use of the
death penalty," torture, the use of excessive force in suppressing
demonstrations, the harassment and intimidation of people by street patrols,
the lack of due process standards and restrictions on freedom of expression.
The European Union
In May, the European Union sought a written pledge from the Iranian
government that it would take no action of any kind aimed at killing the
British author, Salman Rushdie, condemned to death by a fatwa from the late
Ayatollah Khomeini. The approach followed indications given by Iranian
officials to Scandinavian governments that the threat to the author's life from
the Iranian government could be lifted.
When put to the test, the reports proved to be without substance, and no
written statement from the Iranian government was forthcoming. This led to a
cooling in relations between the Scandinavian countries and the Iranian
government, with Norway downgrading its diplomatic relations. However, while
the E.U. expressed frustration over the failure to make progress on the Rushdie
case, the European Commission announced in May its intention "to leave all
lines of communication open with a country which is an important trading
partner and an important regional power." Germany expressed its opposition
to sanctions because they would result in Iran defaulting on debt payments. The
E.U. debated lesser punitive measures, including the suspension of economic
dialogue, and the cancellation of the annual meeting of foreign ministers with
Foreign Minister Velayati.
U.S. Policy
On April 30 President Clinton issued an executive order imposing a total trade
embargo on Iran, citing Iran's "export of terrorism," threat to the
Middle East peace process, and pursuit of nuclear weapons as the reasons for
his decision, which placed a new emphasis on Iran in U.S. foreign policy.
Skepticism characterized the initial international reaction to the
forthright U.S. action, with the European Union declaring its intention to
continue a "critical political dialogue" with the Iranian
authorities, and Japan showing little enthusiasm to join any embargo. The
Clinton administration's decision to act against Iran, after years of talking
tough appears to have been prompted by the desire to head off anticipated
congressional moves to propose even harsher measures that would have imposed a
secondary embargo on companies trading with Iran, potentially causing havoc in
international trade.
U.S. policy focused on preventing the transfer of nuclear technology to Iran
from Russia and China. The U.S. also tried to persuade its Western allies not
to take over the business it was foregoing by upholding the embargo.
The economic results of this policy were inconclusive. At the G-7 Summit in
Halifax in May, the communique made no direct reference to the Iran sanctions.
The U.S. made little attempt to link its sanctions policy to the internal human
rights situation, and in the short term, at least, those most hostile to the
West inside Iran drew credit for standing up to U.S. pressure, and could use
the embargo to justify repressive internal measures. In September, Assistant
Secretary of State for Near Eastern Affairs Robert Pelletreau claimed that the
policy was working, pointing to pressure from other countries that denied Iran
access to official credits. Pelletreau declared the U.S. intention to
"raise the cost to Tehran's leaders of maintaining their destabilizing
policies."
In the absence of a U.S. diplomatic presence, the State Department's Country
Reports on Human Rights Practices for 1994 relied on observation of the human
rights situation from outside the country. The report contained little new
information, and spoke in broad generalities.
The Work of Human Rights Watch/Middle East
In November 1994, Human Rights Watch/Middle East called on the Iranian
government to conduct an independent autopsy into the cause of death of Ali
Akbar Saidi-Sirjani, and to publish the results. It received no reply.
In January, following a statement by Prosecutor General Ayatollah Moghtadai
inviting international human rights organizations to visit Iranian prisons, the
organization resubmitted its request to send a delegation to Iran to assess
prison conditions. It received no reply. The organization had first made this
request in April 1994, following a statement from another Iranian leader
inviting representatives of the international news media to visit Iran's
prisons.
In June, following the United States' Executive Order on Iran, Human Rights
Watch/Middle East expressed concern to Secretary of State, Warren Christopher,
about obstacles that the Executive Order may pose to the exercise of freedom of
expression and movement by Iranians and others, including journalists,
academics, researchers, and human rights workers.
In September, Human Rights Watch/Middle East wrote to Minister of Interior,
Mohamed Ali Besharati, expressing concern over the arson attack on the Morgh
Amin bookstore, and Ayatollah Jannati's praise of the attack. The organization
asked to be informed of the government's efforts to apprehend the perpetrators
of the attack.
In a letter to the Turkish authorities, the organization expressed concern
over the situation of Iranian refugees in Turkey, and urged the Turkish
government to uphold its obligations under international law to safeguard
refugees from being sent to countries where they faced persecution.