11.03.2008 - Source: US Department of State

Detainees often wait weeks or months without charges or trail ("Country Report on Human Rights Practices 2007") [ID 22869]

"The constitution and penal code require warrants or subpoenas for arrests and state that arrested persons must be informed of charges within 24 hours; however, these safeguards rarely occurred in practice. Detainees often went weeks or months without charges or trial, frequently were denied prompt contact with family, and often were denied access to legal representation for prolonged periods.

Bail was often set at prohibitively high levels, even for lesser crimes. Detainees and their families were often compelled to submit property deeds in order to post bail. In the period immediately following detention or arrest, many detainees were held incommunicado and denied access to lawyers and family members.

In practice there was neither a legal time limit for incommunicado detention nor any judicial means to determine the legality of the detention."

Document(s): Open document

11.03.2008 - Source: US Department of State

Reports of arbitrary arrests during the year 2007 ("Country Report on Human Rights Practices 2007") [ID 22870]

"[...] For example, on February 21, plainclothes security forces arrested Somaye Bayanat, the wife of political prisoner Ahmed Batebi, without a warrant and detained her at Gorgan women's prison. According to HRW, Bayanat told her family that security forces arrested her in connection with a group of doctors with whom authorities alleged she worked, and she faced criminal charges of forging medical documents and performing illegal abortions. According to HRW, her family did not believe the allegations, as they were not aware of any such group, and Bayanat was a dentist. At year's end, Bayanat remained in detention.

On May 8, security officials arrested an Iranian-American peace activist, detained him at Evin Prison, and accused him of espionage. On September 25, officials released him and did not file formal charges. On October 8, he left the country.

Also on May 8, an Iranian-American scholar was arrested in Tehran and detained in Evin Prison following months of hours-long daily interrogations by officials from the Ministry of Intelligence. Authorities charged her with "acting against national security," "propaganda against the system," and espionage. In December 2006 unknown assailants took her passport from her at knifepoint on her way to the airport. After she applied for a new passport, intelligence officials interrogated her for several weeks concerning her work with a foreign think tank. On August 21, security forces released her, and on September 4, she left the country.

On May 11, security forces arrested another Iranian-American scholar at his home in Tehran and detained him in Evin Prison. He also faced charges of "acting against national security," reportedly in connection with his work for a foreign NGO. In July the government aired televised footage of the supposed confessions of him and the other Iranian-American scholar, splicing in footage of the "color revolutions" of former Soviet countries. On September 19, he was released on bail.

In September 2006, according to AI, at least nine Azeri Iranians were arrested following demonstrations calling for a school boycott in the northwest. Azeri Iranians were protesting for their constitutional right to use the Azeri language in schools. At year's end, it was not clear whether they had been released.

Adherents of the Baha'i faith continued to face arbitrary arrest and detention.

In recent years the government used house arrest to restrict the movements and ability to communicate of senior Shi'a religious leaders whose views regarding political and governance issues were at variance with the ruling orthodoxy; however, there were no new instances of this practice publicly reported during the year."

Document(s): Open document

01.2008 - Source: Human Rights Watch

Report on the government's use of security laws as a pretext to detain civil rights activists without charge (women's movement, union and labour activists, students and independent journalists) ("“You Can Detain Anyone for Anything” - Iran’s Broadening Clampdown on Independent Activism") [ID 22165]

"Article 32 of Iran’s constitution requires that “charges with the reasons for accusation must, without delay, be communicated and explained to the accused in writing, and a provisional dossier must be forwarded to the competent judicial authorities within a maximum of 24 hours.” Article 24 of the Code of Criminal Procedure also sets 24 hours as the limit within which authorities must provide a detainee with a written reason “in cases where the detainee must be kept in detention in order for authorities to continue their investigations.”

Ordinarily, Iranian law requires a judge to authorize any pretrial detention and provide written charges within 24 hours of any arrest. Article 32 of the Code of Criminal Procedure states that a judge may issue temporary detention orders for cases involving offenses under the Security Laws, allowing authorities to hold detainees without charge beyond the 24-hour period. Article 33 of the code gives the accused the right to appeal his or her detention order within 10 days. While Article 33 also states that the detainee’s case must be resolved in the course of one month, it also allows the judge to renew the temporary detention order. The codes set no limits on how many times this order may be renewed.

Police and judiciary security forces often hold people under investigation for suspected violation of the Security Laws, in pretrial investigative detention, for weeks and months without any criminal charge being brought against them and without the opportunity to appear before a judge to challenge their detention.

Detainees who are released without having been charged often fear being rearrested as a form of harassment. Several of the former detainees Human Rights Watch interviewed for this report claimed that this process is a tactic the government uses to create an atmosphere wherein activists fear that they may be re-arrested at any time. According to these activists, the government deliberately maintains open cases to intimidate its critics."

Document(s): Open document

06.11.2007 - Source: World Organisation Against Torture

Arbitrary detention of Sohrab Razzaghi, President of Koneshgaran Davtalab (Volunteer Actors Institute), an NGO supporting the development of the civil society in Iran ("Arbitrary detention of Mr. Sohrab Razzaghi [IRN 010 / 1107 / OBS 138]") [ID 21735]

Document(s): Open document

13.07.2007 - Source: Amnesty International

Tehran: Trade unionist Mansour Ossanlu, who had been released in December, was detained by men in plain clothes on 10 July; he is reportedly held in Section 209 of Evin Prison and is believed to be prisoner of conscience ("Further Information on Urgent Action 08/06 (MDE 13/002/2006, 9 January 2006) and follow-ups (MDE 13/094/2006, 17 August 2006; MDE 13/129/2006, 29 November 2006 and MDE 13/011/2007, 31 January 2007) [MDE 13/086/2007]") [ID 21605]

Document(s): Open document

04.07.2007 - Source: World Organisation Against Torture

Journalist and President of the Association for the Defence of Human Rights in Kurdistan (RMMK), Mr. Mohamad Sigh Kaboudvand, was arrested on 1 July 2007 and has been detained since then; no reason for the arrest was given ("Arbitrary arrest and detention of Mr. Mohamad Sadigh Kaboudvand [IRN 003 / 0707 / OBS 072]") [ID 21588]

Document(s): Open document

16.06.2007 - Source: Iran Focus

Arrests, interrogations, intimidation and harassment of thousands of Iranians as well as purges of academics and new censorship codes for media ("Iran curtails freedom in throwback to 1979") [ID 21463]

Document(s): Open document

06.03.2007 - Source: US Department of State

Unreleased report of a judiciary committee notes unjustified arrests without warrants ("Country Report on Human Rights Practices 2006") [ID 19422]

"In 2005 the Tehran province judiciary tasked its branches to address and compile complaints about civil rights violations and reportedly received 143 complaints, including one concerning a person jailed since 1989 without a conviction or indication of criminal record. In the unreleased report described by domestic press in July 2005, the judiciary's committee, called the Supervising and Inspection Committee for Preserving Citizens' Rights, reported visiting detention centers of the police security, criminal, and intelligence departments, and army security and intelligence departments to assess the condition of detainees, sanitation, visiting procedures, and procedures used to summon and arrest suspects. In its findings the judiciary committee noted unjustified arrests without warrants."

Document(s): Open document

06.03.2007 - Source: US Department of State

Documented cases of persons held without charge in "Prison 59" and "Amaken" ("Country Report on Human Rights Practices 2006") [ID 19425]

"In 2004 HRW documented a number of unofficial prisons and detention centers such as "Prison 59" and "Amaken," an interrogation center where persons are held without charge, questioned intensively for prolonged periods, physically abused, and tortured."

Document(s): Open document

06.03.2007 - Source: US Department of State

Unofficial detention centers run by unofficial intelligence services and military ("Country Report on Human Rights Practices 2006") [ID 19426]

"In 2003the UNSR of the Commission on Human Rights reported that prisoner abuse occurred frequently in unofficial detention centers run by unofficial intelligence services and the military. The UN Working Group on Arbitrary Detention raised this issue with the country's Article 90 parliamentary commission during its 2003 visit, generating a commission inquiry that reportedly confirmed the existence of numerous unofficial prisons."

Document(s): Open document

06.03.2007 - Source: US Department of State

Although an arrested person must be informed of charges within 24 hours, this safeguard rarely occurs in practice ("Country Report on Human Rights Practices 2006") [ID 19536]

"The constitution and penal code require warrants or subpoenas for arrests and also state the arrested person must be informed of charges within 24 hours; however, these safeguards rarely occurred in practice. Detainees often went weeks or months without charges or trial; frequently were denied prompt contact with family; and often were denied access to legal representation for prolonged periods. Bail was often set at extremely high levels, even for lesser crimes. Detainees and their families are often compelled to submit property deeds in order to post bail; many cannot afford to post bail.

In practice there is neither a legal time limit for incommunicado detention nor any judicial means to determine the legality of the detention. In the period immediately following detention or arrest, many detainees were held incommunicado and denied access to lawyers and family members.

Security forces often did not inform family members of a prisoner's welfare and location. Authorities often denied visits by family members and legal counsel. Prisoners released on bail did not always know how long their property would be retained or when their trials would be held."

Document(s): Open document

06.03.2007 - Source: US Department of State

Several hundred members of aTehran bus drivers' syndicate detained without charges ("Country Report on Human Rights Practices 2006") [ID 19537]

"On January 28, authorities reportedly arrested several hundred members of a Tehran bus drivers' syndicate, along with some family members, who were demonstrating for labor rights. Family members and some workers were released, but several hundred were reportedly still held in Evin Prison at year's end."

Document(s): Open document

06.03.2007 - Source: US Department of State

Saleh Kamrani, an Azeri human rights lawyer detained without a charge; later charged with "propaganda" ("Country Report on Human Rights Practices 2006") [ID 19538]

"On June 14, human rights lawyer Saleh Kamrani, a member of the country's Azeri ethnic minority, was detained without charge and taken into government custody (see section 1.e). Charged with "propaganda against the system," according to AI, he was tried on September 13 and sentenced to one year's imprisonment. The sentence was suspended for five years, and he was released on September 18."

Document(s): Open document

06.03.2007 - Source: US Department of State

Hessam Firouzi, a doctor who treated student activist Ahmad Batebi, detained without charge ("Country Report on Human Rights Practices 2006") [ID 19540]

"On October 3, authorities arrested Hessam Firouzi, a doctor who treated student activist Ahmad Batebi prior to Batebi's re-arrest (see section 1.e.). Firouzi's wife reported that authorities took him to Evin Prison without filing charges against him; however,he was reportedly released on October 5."

Document(s): Open document

06.03.2007 - Source: US Department of State

While attending a demonstration, human rights activist Khoini was arrested, then taken to Evin Prison and held without charge; he was reportedly tortured in custody and released on bail four months after his arrest ("Country Report on Human Rights Practices 2006") [ID 20029]

"On June 12, authorities arrested former Majles deputy and human rights activist Ali Akbar Musavi Khoini, who was reportedly taken to Evin Prison and held without charge. Khoini, who had been attending a women's rights protest when he was detained, was a critic of the government during his 2000-04 term of office, protesting the government's human rights abuses, prison conditions, and the lack of fair trials.

Authorities permitted Khoini to attend a memorial service for his father on September 21, where he told the crowd that he was being tortured and pressured to "repent" for his criticisms of the government. Observers at the service told HRW that Khoini had visible bruises. On October 15, he was released on bail."

Document(s): Open document

08.03.2006 - Source: US Department of State

Unofficial prisons and detention centres ("Country Report on Human Rights Practices 2005") [#46058], [ID 18471]

"In June 2004 HRW documented a number of unofficial prisons and detention centers such as "Prison 59" and "Amaken," an interrogation center where persons are held without charge, questioned intensively for prolonged periods, physically abused, and tortured."

Document(s): Open document

08.03.2006 - Source: US Department of State

Person jailed since 1989 without conviction or indication of criminal record ("Country Report on Human Rights Practices 2005") [#46058], [ID 18472]

"The Tehran province judiciary [...] received 143 complaints, including a person jailed since 1989 without a conviction or indication of criminal record."

Document(s): Open document

08.03.2006 - Source: US Department of State

Institutions and groups involved in arbitrary arrest or detention ("Country Report on Human Rights Practices 2005") [#46058], [ID 18483]

"The constitution prohibits arbitrary arrest and detention; however, these practices remained common. [...]

Several agencies share responsibility for law enforcement and maintaining order, including the ministry of intelligence and security, the law enforcement forces under the interior ministry, and the IRGC. A paramilitary volunteer force known as the basiji and various informal groups known as the Ansar-e Hizballah (Helpers of the Party of God) aligned with extreme conservative members of the leadership and acted as vigilantes. The size of the Basij is disputed,[...] a recent Western study claiming there were 90 thousand active members and up to 300 thousand reservists. [...]

The regular and paramilitary security forces both committed numerous, serious human rights abuses. According to HRW since 2000 the government's use of plainclothes security agents to intimidate political critics became more institutionalized. They were increasingly armed, violent, and well equipped, and they engaged in assault, theft, and illegal seizures and detentions."

Document(s): Open document

08.03.2006 - Source: US Department of State

Practice of incommunicado detention; in the period immediately following detention or arrest, many detainees are denied access to lawyers and family members ("Country Report on Human Rights Practices 2005") [#46058], [ID 18484]

"In practice there is no legal time limit for incommunicado detention nor any judicial means to determine the legality of detention. In the period immediately following detention or arrest, many detainees were held incommunicado and denied access to lawyers and family members.

Security forces often did not inform family members of a prisoner's welfare and location. Authorities often denied visits by family members and legal counsel. Prisoners released on bail did not always know how long their property would be retained or when their trials would be held. According to the July report on prisons, approximately 1,400 persons were held in Rajai'i Shahr prison without being convicted. In addition families of executed prisoners did not always receive notification of their deaths. On occasion the government forced family members to pay to retrieve the body of their relative [...]

The UN General Assembly (UNGA) resolution regarding the country's human rights expressed serious concern at the use of arbitrary arrest, targeted at both individuals and their family members. Also in July 2004, police arrested Simin Mohammadi and her father Mohammad Mohammadi, sister and father respectively of jailed student activists Manuchehr and Akbar Mohammadi, reportedly for "acts against state security." Police released Simin after posting bail following two weeks' imprisonment in solitary confinement; her father also was released on bail after having a heart attack in solitary confinement.

In 2003 the government released Ayatollah Hossein Ali Montazeri, formerly the designated successor of the late supreme leader, Ayatollah Khomeini, amid reports of health problems after five years of house arrest. In recent years the government has used house arrest to restrict the movements and ability to communicate of senior Shi'a religious leaders whose views regarding political and governance issues were at variance with the ruling orthodoxy; however, there was no information on this practice during the year."

Document(s): Open document