IRAN
- Current Issues
- Country Background, Politics & Law
- Human Rights Issues
- Security, Humanitarian Issues and Protection Related Issues
- Opposition
- Please Note: The information in this topics & issues file is no longer updated (last update November 2008). It remains online for archive purposes until further notice.
Human Rights Issues
02.07.2008 - Source: Freedom House
Annual survey of political rights and civil liberties 2007: Government systematically censors internet content ("Freedom in the World 2008") [ID 24907]
"The government systematically censors internet content by forcing internet service providers (ISPs) to block access to a growing list of “immoral” or politically sensitive sites. At least a dozen journalists and bloggers have been indicted or convicted of press offenses, and many more have been summoned for questioning about their writings. As of January 2007, Iranian bloggers were also required to register with the Guidance Ministry, a measure that will likely reduce the diverse and active blogging community in Iran.
In 2006, the Communication and Information Technology Ministry announced the creation of a central filtering facility that would block access to unauthorized websites, identify internet users, and keep a record of sites visited. Iranian news websites such as Emruz, Ruydad, and Ruzonline have been blocked by internet filtering. In September 2007, the Baztab news website was shut down by authorities despite attempts to appeal the decision through the courts."
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02.07.2008 - Source: Freedom House
Annual survey of political rights and civil liberties 2007: Freedom of expression is severely limited by the Iranian government ("Freedom in the World 2008") [ID 24908]
"[...] The government directly controls all television and radio broadcasting. Satellite dishes are illegal, though generally tolerated. However, there have been increasing reports of satellite dish confiscation and steep fines. The authorities have had some success in jamming broadcasts by dissident overseas satellite stations, and cooperation with Persian-language satellite channels is banned.
The government also began cracking down on unauthorized telecommunications lines in 2007, cutting them to halt “illegal international contacts.” Even the purchase of satellite images from abroad was deemed illegal.
The Ministry of Culture must approve publication of all books and inspects foreign books prior to domestic distribution. The Press Court has extensive procedural and jurisdictional power to prosecute journalists, editors, and publishers for such vaguely worded offenses as “insulting Islam” and “damaging the foundations of the Islamic Republic.” [...]
The authorities frequently issue ad hoc gag orders banning media coverage of specific topics and events. Despite a period of greater press freedom between the initial election of former president Mohammed Khatami and a series of student protests in 1999, threats against and arrests of Iranian journalists have increased in recent years. Many journalists are barred from leaving Iran. Since the inauguration of Ahmadinejad, 570 publications have been shut down."
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19.06.2008 - Source: World Organisation Against Torture
All dissident voices continued to be targets of repression with recurring waves of arrests and arbitrary sentences ("Steadfast in Protest; Annual Report 2007"), Author: The Observatory for the Protection of Human Rights Defenders [ID 24845]
See page 201 - 203
"[...] 2007 was a particularly dark year for freedoms in Iran, and was marked by the unprecedented repression of all actors of civil society [1]. All dissident voices continued to be targets of repression, especially journalists, students, trade unionists, political opponents, university teachers and intellectuals, and moderate religious leaders, with recurring waves of arrests and arbitrary sentences.
A number of newspapers and Internet publications were also banned and journalists were arrested and given extremely harsh sentences, especially those from the Kurdish province. [...]"
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28.05.2008 - Source: Amnesty International
Restrictions on freedom of expression ("Annual Report 2008") [ID 23349]
"The authorities maintained tight restrictions on internet access. Journalists, academics and webloggers, including some dual nationals, were detained and sentenced to prison or flogging and several publications were closed down. [...]"
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11.03.2008 - Source: US Department of State
Iranian government is seeking to controll the media, foreign and domestic publications, the television and the internet ("Country Report on Human Rights Practices 2007") [ID 22878]
"[...]The government required foreign correspondents to provide detailed travel plans and proposed stories before receiving visas. They were also required to hire "fixers" inside the country at high cost. Some were denied visas.
The government, through a state-controlled entity called the Voice and Vision Organization, directly controlled and maintained a monopoly over all television and radio broadcasting facilities; programming reflected the government's political and socio-religious ideology. Because newspapers and other print media had a limited circulation outside large cities, radio and television served as the principal news source for many citizens. Satellite dishes that received foreign television broadcasts were forbidden; however, many citizens owned them, particularly the wealthy.
The government periodically increased confiscation of illegal satellite dishes in homes. The government blocked foreign satellite transmissions using powerful jamming signals in the past. Separately, the government ruled private broadcasting illegal; cooperation with private broadcasting was also illegal.
The Ministry of Culture must grant permission to publish any book, and it inspected foreign printed materials prior to their domestic release. [...]
[...] The government increased control over the Internet during the year as more citizens used it as a source for news and political debate. According to the May 1 Freedom House report, approximately seven million citizens used the Internet, although the Ministry of Communications reported as many as 16 million users, according to domestic press reports. The same Freedom House report noted that beginning in 2006 the government increasingly targeted the Internet.
All Internet service providers (ISPs) must be approved by the Ministry of Culture and Guidance, and the government used filtering software to block access to some Western Web sites, reportedly including the Web sites of prominent Western news organizations and NGOs. According to the Open Net Initiative (ONI), the government issued framing regulations in November 2006 to systematize control and management of Internet activity. ONI also reported that in January the Ministry of Culture and Guidance issued a notice requiring all owners of Web sites and blogs to register with the government by March 1 and to refrain from posting certain types of content. [...]"
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11.03.2008 - Source: US Department of State
Internet Freedom: In 2007 Iranian government increased control over the Internet ("Country Report on Human Rights Practices 2007") [ID 22879]
"The government increased control over the Internet during the year as more citizens used it as a source for news and political debate. According to the May 1 Freedom House report, approximately seven million citizens used the Internet, although the Ministry of Communications reported as many as 16 million users, according to domestic press reports. The same Freedom House report noted that beginning in 2006 the government increasingly targeted the Internet.
All Internet service providers (ISPs) must be approved by the Ministry of Culture and Guidance, and the government used filtering software to block access to some Western Web sites, reportedly including the Web sites of prominent Western news organizations and NGOs. According to the Open Net Initiative (ONI), the government issued framing regulations in November 2006 to systematize control and management of Internet activity. ONI also reported that in January the Ministry of Culture and Guidance issued a notice requiring all owners of Web sites and blogs to register with the government by March 1 and to refrain from posting certain types of content.
In August the government announced that it would launch a new Internet police patrol. According to press reports describing the government announcement, the patrol would investigate suspicious advertisements, fraud, and economic and financial offenses.
In October 2006 the government imposed a limit of 128 kilobytes per second on Internet speed and required ISPs to comply with the limit by decreasing Internet service speed to homes and cafes. The new limit made it more difficult to download Internet material and to circumvent government restrictions to access blocked Web sites.
According to RSF, arrests and intimidation of bloggers decreased in 2006, but Internet censorship increased. In 2006 and during the year the government blocked several Web sites dealing with women's issues in the country, and women's groups reportedly launched an online petition to protest Internet filtering. According to press reports, the government claimed to have blocked access to 10 million Internet sites it deemed immoral during the year. A 2005 HRW study listing blocked Internet sites included Farsi-language news sites, some popular sites of Internet writers, the Freedom Movement Party Web site, a Web site promoting the views of Ayatollah Montazeri, several Kurdish Web sites, Web sites dedicated to political prisoners, and a Baha'i Web site."
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13.02.2008 - Source: Reporters Sans Frontières
More than 50 journalists prosecuted in 2007; independent and opposition media were targets of financial and bureaucratic harassment; supreme court confirmed in November a death sentence against freelance journalist Adnan Hassanpour, accused of “undermining national security,” “spying,” “separatist propaganda” and being a mohareb (fighter against God) ("Annual Report 2008") [ID 23603]
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04.02.2008 - Source: Committee to Protect Journalists
Annual report on press freedom in 2007 ("Attacks on the Press in 2007") [ID 22511]
Annual report on press freedom in 2007:
Arrest of freelance and ethnic Kurdish journalists
arrest of women’s rights activists;
shut down of dissenting Web sites and blogs;
crack down on pro-reform student journalists;
violent attacks on critical journalists;
suspension of publications because of their critical reporting or pro-reform slant
"Journalists had to tread carefully in their reporting to avoid arrest or the closure of their publications. Most adhered to official orders banning coverage of the riots that followed the government’s abrupt decision in June to restrict fuel supplies for six months.
Explicit restrictions on coverage of the ailing economy, antigovernment demonstrations, and nuclear development—coupled with prevailing self-censorship—left little room for independent news reporting.
Minister of Culture and Islamic Guidance Mohammad Hossein Saffar-Harandi went so far as to accuse the press of a “creeping coup” to overthrow the regime, the Iranian Student News Agency reported."
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04.02.2008 - Source: Committee to Protect Journalists
Iranian government imprisoned more than 20 journalists during 2007; Adnan Hassanpour, former editor of a Kurdish-Persian weekly, faces a death sentence handed down in July ("Attacks on the Press in 2007") [ID 23595]
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31.01.2008 - Source: Human Rights Watch
Annual report on human rights situation in 2007 ("World Report 2008") [ID 22512]
"Iranian authorities systematically suppress freedom of expression and opinion by imprisoning journalists and editors and strictly controlling publishing and academic freedom. The few independent dailies that remain heavily self-censor.
The government has fired dissident university professors or forced them into early retirement. Many writers and intellectuals who have evaded imprisonment have left the country or have ceased to be critical. The Ministry of Culture and Guidance increasingly denies publication permits to publishing houses, including republication permits for books previously in circulation.
In 2007 the authorities also targeted student and internet journalists in an effort to prevent the independent dissemination of news and information. The government systematically blocks websites inside Iran and abroad that carry political news and analysis."
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31.01.2008 - Source: Human Rights Watch
Iranian authorities systematically suppress freedom of expression and opinion by imprisoning journalists and editors and strictly controlling publishing and academic freedom; independent dailies remain heavily self-censored ("World Report 2008") [ID 23554]
"Iranian authorities systematically suppress freedom of expression and opinion by imprisoning journalists and editors and strictly controlling publishing and academic freedom. The few independent dailies that remain heavily self-censor.
The government has fired dissident university professors or forced them into early retirement. Many writers and intellectuals who have evaded imprisonment have left the country or have ceased to be critical. The Ministry of Culture and Guidance increasingly denies publication permits to publishing houses, including republication permits for books previously in circulation.
In 2007 the authorities also targeted student and internet journalists in an effort to prevent the independent dissemination of news and information. The government systematically blocks websites inside Iran and abroad that carry political news and analysis."
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05.11.2007 - Source: Deutschlandfunk
On censorship, in particular of online media; increased pressure resulting in self-censorship of journalists and bloggers ("Zensur im Kopf") [ID 21821]
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05.11.2007 - Source: Deutschlandfunk
On censorship, in particular of online media; increased pressure resulting in self-censorship of journalists and bloggers ("Zensur im Kopf") [ID 22081]
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24.06.2007 - Source: Iran Focus
Mounting crackdown on dissidents, including labour leaders, universities, press, women’s rights advocates, former nuclear negotiator and Iranian-Americans ("Iran cracks down on dissent, parading examples in streets") [ID 21457]
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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]
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02.05.2007 - Source: Freedom House
Annual report on press freedom covering 2006 ("Freedom of the Press 2007") [ID 22244]
"The constitution provides for limited freedom of opinion and of the press. While it protects individuals from punishment for holding a certain belief, Article 24 of the charter, along with the vaguely worded 2000 Press Law, forbids the publication of ideas that are contrary to Islamic principles or detrimental to public rights. The government regularly invokes vaguely worded legislation to criminalize critical opinions, and punishments for violations are harsh.
Article 500 of the penal code states that “anyone who undertakes any form of propaganda against the state…will be sentenced to between three months and one year in prison”; the code leaves “propaganda” undefined. Under Article 513, offenses deemed to be an “insult to religion” can be punished by death or by prison terms of one to five years for lesser offences, with “insult” similarly undefined.
Other articles provide sentences of up to two years in prison, up to 74 lashes, or a fine for those convicted of intentionally creating “anxiety and unease in the public’s mind,” spreading “false rumors,” writing about “acts that are not true,” or criticizing state officials. [...]
[...] The government has forcibly closed or banned more than 100 publications since 2000. This trend continued in 2006, with a particular focus on critical media outlets.
[...] The government continued to intimidate and harass journalists who covered ethnic minority issues in the country […]
The country’s numerous legal restrictions and successive closings and arrests make self-censorship common. […]"
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01.2007 - Source: Human Rights Watch
Freedom of expression and opinion systematically suppressed by closing newspapers, websites and imprisoning journalists and editors ("World Report 2007") [ID 18988]
"Iranian authorities systematically suppress freedom of expression and opinion by closing newspapers and imprisoning journalists and editors. The few independent dailies that remain heavily self-censor. Many writers and intellectuals have left the country, are in prison, or have ceased to be critical.
[…] During the year the Ministry of Information summoned and interrogated dozens of journalists critical of the government.
In 2006 the authorities also targeted websites and internet journalists in an effort to prevent online dissemination of news and information. The government systematically blocks websites inside Iran and abroad that carry political news and analysis. In September 2006 Esmail Radkani, director-general of the government-controlled Information Technology Company, announced that his company is blocking access to 10 million “unauthorized” websites on orders from the Judiciary and other authorities."
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05.12.2006 - Source: Reporters Sans Frontières
Youtube and New York Times sites blocked as Iran steps up censorship of foreign content ("Youtube and New York Times sites blocked as Iran steps up censorship of foreign content") [ID 17787]
"Youtube and New York Times sites blocked as Iran steps up censorship of foreign content"
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04.12.2006 - Source: Guardian
Iran shuts down access to some of the world's most popular websites ("Censorship fears rise in Iran") [ID 17848]
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30.11.2006 - Source: Reporters Sans Frontières
Government wants all news sites dealing with Iran to be registered ("Government wants all news sites dealing with Iran to be registered") [ID 17849]
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23.05.2006 - Source: Amnesty International
Among the media, freedom of expression and association remains curtailed ("Annual Report 2006") [ID 18899]
"Freedom of expression and association remained severely curtailed. Journalists and webloggers were detained and imprisoned and some newspapers were closed down. Relatives of detainees or those sought by the authorities remained at risk of harassment or intimidation.
Press Courts were reintroduced in October comprising a panel of three judges and a jury selected by the judiciary. Some journalists’ organizations criticized the composition of the juries."
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08.03.2006 - Source: US Department of State
Violation of freedom of expression and freedom of press ("Country Report on Human Rights Practices 2005") [#46058], [ID 18669]
"a. Freedom of Speech and Press
The constitution provides for freedom of expression and the press, within limits. Article 23 of the constitution states "investigation of individuals' beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief." Article 24 of the constitution states "publications and the press have freedom of expression except when it is detrimental to the fundamental principles of Islam or the rights of the public…." At the same time, penal code states that "anyone who undertakes any form of propaganda (undefined) against the state" can be imprisoned up to a year. The press law forbids censorship but also forbids disseminating information that may damage the Islamic Republic or offend its leaders and religious authorities. It also subjects writers to prosecution for instigating crimes against the state or insulting (not defined) Islam, which in the case of the latter, can be punished by death.
In practice the government severely restricted freedom of speech and of the press. Harassment of journalists increased after President Ahmadinejad assumed office in August. The December UNGA resolution on the human rights in the country expressed, among other abuses, serious concern at the continuing harassment, intimidation, and persecution of human rights defenders, nongovernmental organizations, clerics, journalists and Internet writers, parliamentarians, students and academics. It cited unjustified closure of newspapers and blocking of Internet sites. […]
[…] After the 1997 election of President Khatami, the independent press, especially newspapers and magazines, played an increasingly important role in providing a forum for an intense debate regarding reform in the society. However, the press law prohibited the publishing of a broad and ill-defined category of subjects, including material "insulting Islam." Self-censorship, rather than formal governmental censorship, was practiced. Basic legal safeguards for freedom of expression did not exist, and since approximately 2000, the independent press has been subjected to arbitrary enforcement measures by elements of the government, notably the judiciary. During this period approximately 100 newspapers and magazines have been closed for varying periods.
Early in the year, judiciary officials made statements that suggested reduced repression for journalists. On February 28, Tehran Justice Department Chief Alizadeh said that new judiciary guidelines mandated that, in the first instance, a reporter should be cautioned, and if that were not sufficient, he or the managing editor should be summoned. On March 9, Judiciary Head Shahrudi stated that judiciary departments were asked not to close newspapers--as far as possible--and to pursue cases against individuals rather than publications. Reportedly, he said "the press can be a strong factor in preventing corruption among officials." No formal directive was issued; however, on the same day, a court lifted a ban on Neshat, a reformist daily closed six years earlier.
Nevertheless, freedom of the press continued to deteriorate during the year, and journalists were frequently threatened and sometimes killed because of their work. The government closed a number of reformist newspapers and magazines and sentenced many of their managers to jail and, sometimes, lashings. A handful of proreform newspapers continued to publish, most with heavy self-censorship, but new reformist newspapers no longer opened to replace those closed. As of July 1, Reporters Without Borders (RSF) reported that there were 12 journalists and cyberdissidents in prison in the country (see section 1.e.).
According to the Tehran-based Association for Advocating Freedom of Press, state pressure on journalists increased since Ahmadinejad became president in August. In October according to foreign press, a so-called Islamic Army in Iran circulated a list of 210 dissident journalists that it wanted to eliminate, calling them enemies of Islam. In an August statement printed in local press, Ansar-e Hizballah decried "hypocritical journalism" and stated that government hesitance in ripping out these "weeds" does not absolve Hizballah from doing their duty.
In November RSF accused ministry of intelligence officials of harassing journalists, claiming government officials recently had summoned at least 10 journalists for questioning and advised them not to criticize the new president or write articles on sensitive issues like the nuclear program. In November the culture minister was quoted as saying that newspapers that attacked the country's religious values would be under stricter surveillance but that, for the time being, members of the press would receive warnings and not be arrested. […]
[…] The press law established the press supervisory board, which is responsible for issuing press licenses and examining complaints filed against publications or individual journalists, editors, or publishers. In certain cases the board may refer complaints to the press court for further action, including closure. Its hearings were conducted in public with a jury composed of clerics, government officials, and editors of government-controlled newspapers. On September 20, domestic media reported that the Association of Young Journalists protested the composition of the press jury as too limited in representation.
In the last few years, some human rights groups asserted that the increasingly conservative press court assumed responsibility for cases before press supervisory board consideration, often resulting in harsher judgments. Efforts to amend the press laws have not succeeded, although in 2003, parliament passed a law limiting the duration of temporary press to stop the practice of extending "temporary" bans indefinitely.
The press law allows government entities to act as complainants against newspapers, and often public officials lodged criminal complaints against reformist newspapers that led to their closures. Offending writers were subjected to lawsuits and fines. […]"
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08.03.2006 - Source: US Department of State
Censorship on books, cinema and theater ("Country Report on Human Rights Practices 2005") [#46058], [ID 18722]
"The culture ministry must give permission to publish any book and inspects foreign printed materials prior to their domestic release. In November the minister of Islamic culture and guidance promised more stringent controls on books, cinema, and theater, although he indicated the change would not be immediate. He also warned of greater surveillance of "hundreds" of cultural associations. The new cultural ministry officials have also reportedly cancelled more than 30 concerts.
The government also effectively censored domestic films, since it remained the main source of production funding. Producers must submit scripts and film proposals to government officials in advance of funding approval. After President Ahmadinejad assumed office in August, the supreme cultural revolution council announced a ban of movies promoting secularism, feminism, unethical behavior, drug abuse, violence, or alcoholism. Films of some domestic directors were not permitted to be shown in the country."
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20.01.2006 - Source: Reporters Sans Frontières
Government makes Entekhab website unaccessible; first time that government bans site with .ir domain suffix ("Government filters an .ir website for the first time") [#42430], [ID 8992]
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08.2005 - Source: Freedom House
Freedom of Expression ("Freedom in the World 2005") [#41317], [ID 8993]
"[...]Freedom of expression is limited. The government directly controls all television and radio broadcasting and, since 2003, has reportedly had some success in jamming broadcasts by dissident overseas satellite stations. The Press Court has extensive procedural and jurisdictional power in prosecuting journalists, editors, and publishers for such vaguely worded offenses as “insulting Islam” and “damaging the foundations of the Islamic Republic.” In recent years, the authorities have issued ad hoc gag orders banning media coverage of specific topics and events. Since 1997, more than 100 publications have been shut down by the judiciary and hundreds of journalists and civil society activists have been arrested, held incommunicado for extended periods of time, and convicted in closed-door trials. As in years past, many reformist newspapers were suspended or closed by the authorities in 2004. In February, the weekly Hadith-e Kerman and the dailies Sharq and Yas-e Nau were closed down. In May, the Azeri-language daily Nedai Azarabadegan was suspended for two months and the weekly Gorgan e Emrouz was banned. The newspapers Jumhuriyat and Vaqa-yi Itifaqi-yi were closed in July. By year’s end, the few reformist newspapers that remained open had been intimidated into practicing self-censorship. Most liberal journalists are forced to publish their work on the Internet. However, the government systematically censors Internet content. Since 2003, the government has forced Internet service providers (ISPs) to block access to a list of “immoral sites and political sites that insult the country’s political and religious leaders.” The authorities stepped up Internet censorship in 2004, blocking access to hundreds of additional Web sites. In September, the authorities launched a massive crackdown on free expression, arresting at least 25 journalists, civil society activists, and computer technicians involved in Internet publishing, on charges ranging from defamation to “acts against national security.” According to Human Rights Watch, many were coerced by interrogators to sign written confessions saying they had taken part in an “evil project” directed by “foreigners and counter-revolutionaries.”[...]"
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25.05.2005 - Source: Amnesty International
Freedom of expression and association ("Annual Report 2005") [#32306], [ID 9001]
"[...]Freedoms of expression and association came under attack throughout the year as a result of flagrant flaws in the administration of justice, coupled with a deeply politicized judiciary. Journalists faced politically motivated and arbitrary arrest, prolonged detention, unfair trials and imprisonment. The laws used to arrest and imprison journalists, relating to defamation, national security and disturbing public opinion, were vaguely worded and at variance with international standards. 2004 saw an increase in the harassment or intimidation of the relatives of detainees or people under investigation.
A report published in January by the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression concluded that there was a “climate of fear induced by the systematic repression of people expressing critical views against the authorized political and religious doctrine...”
In October and November, scores of journalists, particularly Internet journalists, were arbitrarily detained in connection with their work and especially following publication of an appeal by around 350 signatories, calling for political reform. Those detained were expected to face trial in the following months. They included Javad Gholam Tamayomi, Shahram Rafihzadeh Rouzbeh and Mir Ebrahimi. In December many of those arrested reportedly confessed while in detention, but later told a government body that these confessions were extracted under duress.
Taqi Rahmani, Alireza Alijani and Hoda Saber, intellectuals and writers associated with the National Religious Alliance (Melli Mazhabi), remained arbitrarily detained without any prospect of release. For over a year, the court where they had lodged their appeal had refused to issue a verdict. This effectively prevented the families from taking any form of follow-up action. Despite an announcement in November that they would be released and the payment of substantial bail, the prison authorities prevented them from being released and they remained in detention at the end of the year.
The death sentence passed in 2002 on Professor Hashem Aghajari for statements he made that were construed to be blasphemous was overturned by the Supreme Court in June. However, new charges were brought against him of insulting religious precepts, and “spreading false information”. In July, Professor Hashem Aghajari was sentenced to five years’ imprisonment, with two years suspended, and barred from practising his profession for five years. His appeal was still pending before a Tehran court at the end of the year. [...]"
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04.2005 - Source: UK Border Agency (Home Office)
Freedom of expression ("Country Report - April 2005") [#31980], [ID 8994]
"[...]6.7 By 1998 progress was being made, particularly in the area of freedom of expression, [10m](pg4) but it faced considerable opposition. [10m](pg1)This included factional struggle and occasional violent tactics from hard-line elements opposed to change, [4f](pg7) within the security forces such as the Revolutionary Guards Corps as well as outside. [8d] A trend toward greater freedom of expression and thought was reversed late in the year through arbitrary arrests, the closure of reform-oriented publications, and the murders of several dissident writers. [10m](pg4) In a BBC News report of May 2003 it was reported that in May 2003 authorities banned the publication of an open letter to Khamenei - signed by 127 members of the pro reform parliament - which warned that time was running out for a peaceful transition. [21su] In the context of strengthening civil society, the government is providing financial and organisational support for the creation of NGOs. [19a][...]
6.12 According to the Human Rights Watch World Report 2005, "Respect for basic human rights in Iran, especially freedom of expression and opinion, deteriorated in 2004. Torture and ill-treatment in detention, including indefinite solitary confinement, are used routinely to punish dissidents. The judiciary, which is accountable to Supreme Leader Ali Khamene’i rather than the elected president, Mohammad Khatami, has been at the center of many serious human rights violations. Abuses are carried out by what Iranians call “parallel institutions”: plainclothes intelligence agents, paramilitary groups that violently attack peaceful protests, and illegal and secret prisons and interrogation centers run by intelligence services". [8k](pg1) [...]"
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14.03.2005 - Source: Committee to Protect Journalists
Attacks on the press in 2004: analysis of press conditions ("Attacks on the press in 2004") [#30155], [ID 8995]
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10.03.2005 - Source: Human Rights Watch
Freedom of expression ("Iran: Human Rights Concerns for the 61st Session of the U.N. Commission on Human Rights") [#29917], [ID 8996]
"Shirin Ebadi, winner of 2003 Noble Peace Prize, has been repeatedly harassed by security forces and has received death threats. The Judiciary has summoned her to court without specifying charges; the latest summons required her to appear in court on February 24, 2005. She refused to appear in person and sent her lawyers to file protests against the illegal manner in which these summons were issued. Ebadi is extremely concerned regarding the increasing number of threats against her.
In 2004, more than twenty webloggers and journalists were detained on the orders of Tehran’s Chief Prosecutor, Saeed Mortazavi. The detainees were held in solitary confinement and were routinely tortured and forced to make false confessions. They have been released recently but continue to receive threats of re-arrest. On February 22, a well-known weblogger, Arash Cigarchi, was sentenced to 14 years in prison for his writings. Charges brought against Cigarchi included “insulting the leader.” Another weblogger, Mojtaba Samii Nezhad, is currently in custody with no charges brought against him. Samii Nezhad has spent 88 days in solitary confinement.
Many journalists and writers remain behind bars solely for exercising their right to freedom of expression. These include Akbar Ganji, Abbas Abdi, Taqi Rahmani, Hoda Saber and Reza Alijani. Nasser Zarafshan, a lawyer who defends writers, journalists, and activists remains in prison, as well.
Torture and Ill-treatment in Detention. Routine lack of respect for basic due process rights and the frequent use of solitary confinement and prolonged interrogation heighten the risk of torture and ill-treatment in detention. Many former prisoners report regular beatings with cables on the back and on the soles of feet, assault with boots and fists on the head and torso, and forced immobilization in contorted positions. These methods are often used during and prior to interrogation and demands for videotaped or signed confessions.
The Working Group on Arbitrary Detention expressed concern in its June 2003 report about lack of access to counsel, abuse of solitary confinement practices, and breaches of due process."
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08.03.2005 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)
Iran Abuses Journalists and Violates Freedom of Speech ("Civil and political rights [E/CN.4/2005/NGO/310]") [#30293], [ID 8997]
"[...]Many Iranian reformist writers and activists have complained of being detained in solitary confinement. Several Iranian journalists recently told a presidential commission that, while in detention, they were tortured into confessing to charges such as insulting Islamic beliefs and endangering national security.
Iranian authorities have arrested activists and “bloggers” (weblog writers) in order to cripple a growing network of non-governmental organizations. Iranian judicial authorities have accused the web writers of spreading propaganda, inciting national unrest and “moral crimes.” Hanif Mazrouei, a blogger detained by authorities, said that “My interrogator punched me in the head and stomach and kicked me in the back many times to force me confess to having illegal sex and endangered national security through my writings.” Mazrouei spent 66 days in solitary confinement and was blindfolded most of the time. No official charges were brought against him. Tehran prosecutor Saeed Mortazavi has been named by detainees as the main authority behind the torture. UN Watch is extremely concerned for the safety of Iranian journalists who have received death threats from judicial officials since their testimony alleging torture.
Freedom of speech is under constant assault in Iran. This past year, a prominent history professor was sentenced to three years in jail for “insulting Islamic sacred beliefs.” Hashem Aghajari, a professor at Tehran’s Teachers Training University, has also been deprived of his social rights for five years, meaning he cannot take official posts or compete in elections. The charges stemmed from a June 2002 speech in which Aghajari said clerics’ teachings on Islam were considered sacred simply because they were part of history. He has firmly rejected charges that he insulted Islamic tenets. Aghajari said during his trial that he defends “an Islam that brings about freedom and is compatible with democracy and human rights. I’ve opposed interpretations that justify suppression and dictatorship in the name of Islam.” During his trial, Aghajari said he had no hope of justice.
[...]
As of June 2004, the Iranian government had closed virtually all independent newspapers, several key journalists and writers had fled the country, many prominent writers and activists had been imprisoned, and scores of student activists were intimidated into abandoning peaceful political activity. Individuals interviewed for the report, including a number of writers and journalists, described brutal interrogations in which they were blindfolded, physically threatened, and forced to recant their political views. Former detainees also described basement solitary cells where they were left for weeks at a time without any human contact, and threats by judges that if they did not confess, they would be held in solitary confinement indefinitely. The report documents cases of beatings, long confinement in contorted positions, kicking detainees with military boots, hanging them by the arms and legs, and threats of execution if individuals refused to confess.[...]"
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28.02.2005 - Source: US Department of State
Country Report on Human Rights Practices 2004 ("Country Report on Human Rights Practices 2004") [#29525], [ID 8998]
"[...]In November 2003, student activist Ahmed Batebi met with the UNSR for the Promotion and Protection of the Right to Freedom of Opinion and Expression, while on medical leave from prison where he is serving a 15-year sentence for participating in the 1999 student demonstrations. He was re-arrested shortly afterward; however, he was temporarily released in late April, but he was re-incarcerated and, again, temporarily released on May 3. Subsequently, he was returned to prison, and his 10-year sentence remained in place.
AI reported that in October 2003, Arzhang Davoodi was arrested for assisting in making a television documentary criticizing the authorities. Reportedly, he was kept in solitary confinement for over 3 months and extensively beaten during the period. According to AI, he has not been charged and, although having paid bail in March, has not been released. [...]
In spring 2001, security forces arrested then Majlis member Fatima Haqiqatju for inciting public opinion and insulting the judiciary for criticizing the arrest of a female journalist and claiming that the Government tortured prisoners. She was the first sitting Majlis member to face prosecution for statements made under cover of immunity. Haqiqatju was sentenced to 17 months in prison, although at year's end, she had not been imprisoned for this offense. Separately, in June, the public prosecutor summoned her to court and charged her with "propaganda against the system," "spreading lies with the intent of disturbing public opinion," and "insulting the Council of Guardians, the judiciary, and the Islamic Revolutionary Guard Corps." She was released on bail, but she was forbidden to leave the country. On November 29, Haqiqatju was summoned to a Tehran Penal Court due to a complaint by the Public Prosecutor based on her February 23, 2003, resignation speech from the Majlis. She was charged with spreading lies to disturb public opinion, insulting officials, and propaganda against the Government. [...]"
Document(s):
Open document
17.02.2005 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)
Written statement by International Pen on violations of the right to freedom of expression ("Question of the violation of human rights and fundamental freedoms in any part of the world [E/CN.4/2005/NGO/117]") [#30290], [ID 8999]
Document(s):
Open document
14.02.2005 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)
Written statement by the Organization for Defending Victims of Violence (ODVV) on systematic human rights violations by the governments ("Question of the violation of human rights and fundamental freedoms in any part of the world [E/CN.4/2005/NGO/68]") [#30288], [ID 9000]
"[...]Efforts by Iran’s judiciary to curtail freedom of expression and association are now increasingly encroaching on human rights defenders and civil society activists. Reports of Internet journalists and civil society activists arbitrarily arrested in recent months mark an alarming rise in human rights violations in Iran. Mindful that the Islamic republic of Iran is a party to the International covenant on civil and political rights, The ODVV calls upon the government of Islamic republic of Iran to abide by its obligations freely under the International Covenants on Human rights and other international Human rights instruments, including provisions relating to freedom of opinion and expression . The execution of Atefeh Rajabi is the tenth execution of a child offender in Iran recorded by Amnesty International since 1990. A bill to raise the minimum age for execution to 18 was reportedly under consideration by parliament in December 2003 and another one in recent months. Mindful that the Islamic Republic of Iran is a party to the Human rights covenants and convention on the rights of the child; The ODVV calls upon the government of the Islamic Republic of Iran to comply with its obligations under article 37 of convention on the rights of the child and article 6 of the international covenant on civil and political rights not to impose the sentence of death for offences committed by persons below eighteen years age.[...]"
Document(s):
Open document
13.01.2005 - Source: Human Rights Watch
Freedom of Expression and Opinion ("World report 2005") [#28233], [ID 9002]
"[...]
The Iranian authorities systematically suppress freedom of expression and opinion. After President Mohammad Khatami’s election in 1997, reformist newspapers multiplied and took on increasingly sensitive topics in their pages and editorial columns. Prominent Iranian intellectuals began to challenge foundational concepts of Islamic governance. In April 2000, the government launched a protracted campaign to silence critics: closing down newspapers, imprisoning journalists and editors, and regularly calling editors and publishers before what became known as the Press Court. Today, very few independent dailies remain, and those that do self-censor heavily. Many writers and intellectuals have left the country, are in prison, or have ceased to be critical. Days after the visit of the Special Rapporteur for freedom of opinion and expression, Ambeyi Ligabo, in late 2003, one of the student activists with whom he spoke was re-arrested. In 2004 the authorities also moved to block Internet websites that provide independent news and analysis, and to arrest writers using this medium to disseminate information and analysis critical of the government.[...]"
Document(s):
Open document
10.12.2004 - Source: Reporters Sans Frontières
Journalist was released from prison after paying bail (about 50,000 euros); she was arrested in October for having contributed to reformist Internet sites ("Cyberjournalist Fershteh Ghazi released") [#27583], [ID 9003]
Document(s):
Open document
30.11.2004 - Source: Reporters Sans Frontières
5 webloggers arrested in less than 2 months; crackdown by authorities against news websites continues ("Five webloggers jailed") [#27433], [ID 9004]
Document(s):
Open document
30.08.2004 - Source: Integrated Regional Information Network
Tehran: some 6 people were arrested by the Tehran prosecutor's office for working for Internet service providers (ISPs) or as webmasters for the targeted sites/ 3 websites with links to Iran's reformist parties have been blocked by conservative hardliners ("Reformist websites blocked") [#25206], [ID 9005]
Document(s):
Open document
24.03.2004 - Source: Amnesty International
Possible risks because of oppositional activities in exile, in particular publication of articles on the internet for German-based magazine "Bashariat" (expert opinion, in German) ("Stellungnahme vom 24.3.2004 an OVG Bremen - 2 A 476/03.A -") [#22491], [ID 9006]
Document(s):
Open document
11.03.2004 - Source: Committee to Protect Journalists
Report documenting attacks on the press in 2003 ("Attacks on the press in 2003") [#20310], [ID 9007]
Document(s):
Open document
02.03.2004 - Source: Amnesty International
Arzhang Davoodi, who was arrested after he criticised the Iranian authorities in a TV documentary, was severely beaten in detention/ there are fears that he may be at risk of further ill-treatment or torture ("Iran - UA 87/04") [#19994], [ID 9008]
Document(s):
Open document
Open document
19.02.2004 - Source: Human Rights Watch
Closures of the last two newspapers associated with the country's reformers, Sharq (East) and Yas-e Nau (New Jasmine), reported ("Iran: Reformist Newspapers Muzzled Before Election") [#19491], [ID 9009]
Document(s):
Open document
02.09.2003 - Source: Amnesty International
Mohsen Sazegara arrested after publishing an article on his website calling for "a profound change of the constitution" at risk of torture or ill-treatment ("Iran - Further Information on UA 173/03") [#15717], [ID 9010]
"Mohsen Sazegara was arrested on 15 June in Tehran after publishing an article on his website calling for "a profound change of the constitution". His son, Vahid Sazegara, was detained with him before being released on 9 July. Since his arrest, Mohsen Sazegara has been detained at Evin prison, reportedly without charge, and has been denied regular access to his lawyer and family. He reportedly carried out a 54-day hunger strike, taking only water. He was transferred on four occasions to Baghiyetollah Hospital in Tehran in order to break his hunger strike, which he resumed each time he was returned to prison. He called off his hunger strike on 24 or 25 August. He also has a severe heart condition, for which he needs regular medication. There are concerns that he may not have access to this medication. Amnesty International considers him to be a prisoner of conscience, arrested solely for the peaceful expression of his conscientiously held beliefs."
Document(s):
Open document
Open document
31.03.2003 - Source: US Department of State
Freedom of the press continued to deteriorate during the year; academic censorship persisted ("Country Reports on Human Rights Practices - 2002") [#11869], [ID 9011]
"Freedom of the press continued to deteriorate during the year. Many newspapers and magazines were closed and many of their managers were sentenced to jail and lashings. The judiciary reportedly threatened to prosecute the official Islamic Republic News Agency for printing a statement by the recently banned Freedom Movement (see Sections 1.d. and 2.b.). In July, Norouz, the leading reformist newspaper in the country, was banned for six months. Its director, Mohsen Mirdamadi, who headed the National Security and Foreign Policy Committee of the Majlis, was sentenced to six months in jail, a fine, and a 4-year ban on involvement in journalism. Press reports indicated that the charges against him were "publishing lies, disturbing public opinion, and taking action against national security." At year's end, Mirdamadi had not gone to jail, even though his sentence was upheld by the courts. According to some press reports, it was unclear when the sentence would be carried out, possibly when he leaves the Majles.
The Government directly controlled and maintained a monopoly over all television and radio broadcasting facilities; programming reflected the Government's political and socio-religious ideology. Because newspapers and other print media had a limited circulation outside large cities, radio and television served as the principal news source for many citizens. Satellite dishes that received foreign television broadcasts were forbidden; however, many citizens, particularly the wealthy, owned them. The Government confiscated many satellite dishes in the wake of the October 2001 soccer riots and during periodic crackdowns during the year (see Sections 1.a., 1.f., and 2.b.).
The Ministry of Islamic Culture and Guidance was in charge of screening books prior to publication to ensure that they did not contain offensive material. However, some books and pamphlets critical of the Government were published without reprisal. The Ministry inspected foreign printed materials prior to their release on the market.
The Government effectively censored domestic films, since they were the main source of funding for film producers. Those producers must submit scripts and film proposals to government officials in advance of funding approval. However, such government restrictions appeared to have eased since the 1997 election of President Khatami.
Academic censorship persisted. Government informers who monitored classroom material and activities reportedly were common on university campuses. Admission to universities was politicized; all applicants had to pass "character tests" in which officials screened out applicants critical of the Government's ideology. To obtain tenure, professors had to cooperate with government authorities over a period of years. Members of the Ansar-e Hezbollah disrupted lectures and appearances by academics whose views did not conform with their own."
Document(s):
Open document
04.03.2003 - Source: Amnesty International
Lawyer and political science professor at Tehran University arrested at Tehran's international airport/ he may be facing torture or ill treatment in incommunicado detention ("Iran - UA 62/03") [#11263], [ID 9014]
Document(s):
Open document
Open document
04.02.2003 - Source: Amnesty International
Arbitrary detention of students and the targeting of government critics increased in recent months ("Iran: U.K. Government Should Press for Real Reform") [#10585], [ID 9015]
Document(s):
Open document
10.2002 - Source: UK Border Agency (Home Office)
UK Home Office: In practice the government does restrict freedom of speech and the press ("Country Assessment - October 2002") [#9556], [ID 9012]
"5.14. The Constitution provides for the freedom of the press, except when published ideas are “contrary to Islamic principles or are detrimental to public rights.” In practice the government does restrict freedom of speech and the press. The Government exerts control over the media by methods such as controlling television and radio broadcasting networks and access to newsprint. It owns all broadcasting facilities. However, since his inauguration President Khatami has stated his intention to loosen constraints on freedom of expression. Some signs of this were observed in 1997 and early 1998.In October 1997 a yearlong ban on the Iranian-Armenian monthly publication 'Araz' and the 2½ year ban on the 'Jahan-e Eslam' newspaper were lifted.
5.15. In March and April of 2001, the Revolutionary Court ordered the arrest of at least 60 academics, journalists and intellectuals associated with the Milli Mazhabi (national-religious trend), notably the Nehzat-e Azadi, Iran Freedom Movement. Some were released within days and many others between May and October 2001. In November 2001, at least 26 detainees were publicly accused by the judiciary of ''acts against national security'' and ''seeking to overthrow the state by illegal means'', vaguely worded charges which could attract long prison sentences. In November 2001, trial proceedings against at least 12 members of the Nehzat-e Azadi were initiated with the reading of a 500-page indictment.
5.16. On 27 July 2002 Iran's Revolutionary Court sentenced more than 30 liberal dissidents to up to 10 years in Jail. The court also ruled to dissolve the Freedom Movement."
Document(s):
Open document
28.05.2002 - Source: Amnesty International
Amnesty International: At least 30 parliamentarians arrested and sentenced in connection with allegations of defamation, slander and spreading false information ("Annual report 2002") [#7236], [ID 9016]
"At least 30 parliamentarians were interrogated and arrested by judicial officials and sentenced in connection with allegations of defamation, slander and spreading false information, although only one was imprisoned by the end of the year. In October President Khatami expressed concern to the head of the judiciary about the trials of parliamentarians.
In March, Fatemeh Haqiqatjou was briefly detained by the judiciary. In July she and Davoud Solemani were questioned in court about statements made in their capacity as deputies. On 26 December, an appeal court reduced to 17 months a prison sentence handed down to Fatemeh Haqiqatjou in August for, among other charges, ''propaganda against the state''. She had not been imprisoned by the end of the year.
In September, Shahrbanou Angane Amani, deputy for Urumiye, appeared before the Disciplinary Court for Government Employees in connection with ''false reports and deceitful information'' she had reportedly provided to a newspaper.
On 9 December, an appeal court reportedly upheld a seven-month prison sentence passed on parliamentarian Mohammad Dadfar. He was charged with ''insulting top security officials'' as well as ''spreading lies''. The verdict had not been carried out by the end of the year.
Publications were suspended for indeterminate periods by the judicial authorities, including the Special Court for the Clergy, and journalists were detained or sentenced to prison terms. Only two of the more than 50 publications closed in previous years were permitted to reopen. In November, the Supreme Council of the Islamic Revolution, an unelected body with legislative powers in the field of culture and education, announced that the state would take control of all Internet service providers over the next two years."
Document(s):
Open document
03.05.2002 - Source: Reporters Sans Frontières
Reporters Sans Frontieres: ("Iran annual Report 2002 (1/2)") [#6831], [ID 9017]
Document(s):
Open document
04.03.2002 - Source: US Department of State
US State Department: The Government restricts freedom of speech and of the press ("Annual report 2001") [#5823], [ID 9013]
""The Constitution provides for freedom of the press, except when published ideas are "contrary to Islamic principles, or are detrimental to public rights;" however, the Government restricts freedom of speech and of the press in practice. After the election of President Khatami in 1997, the independent press, especially newspapers and magazines, played an increasingly important role in providing a forum for an intense debate regarding reform in the society. However, basic legal safeguards for freedom of expression are lacking, and the independent press has been subjected to arbitrary enforcement measures by elements of the Government, notably the judiciary, which see in such debates a threat to their own hold on power.
During the year, approximately 60 parliamentarians were arrested and charged with "inciting public opinion." The cases were a result of the ongoing conflict between reformist parliamentarians and the hardline judiciary over precisely what type of speech is protected by parliamentary immunity (see Section 1.d.).
Newspapers and magazines represent a wide variety of political and social perspectives, some allied with particular figures within the Government. Many subjects of discussion are tolerated, including criticism of certain government policies. However, the 1995 Press Law prohibits the publishing of a broad and ill-defined category of subjects, including material "insulting Islam and its sanctities" or "promoting subjects that might damage the foundation of the Islamic Republic." Generally prohibited topics include fault-finding comment regarding the personality and achievements of the late Leader of the Revolution, Ayatollah Khomeini; direct criticism of the Supreme Leader; assailing the principle of velayat-e faqih, or rule by a supreme religious leader; questioning the tenets of certain Islamic legal principles; sensitive or classified material affecting national security; promotion of the views of certain dissident clerics, including Grand Ayatollah Ali Montazeri; and advocating rights or autonomy for ethnic minorities.
Oversight of the press is carried out in accordance with a press law that was enacted in 1995. The law established the Press Supervisory Board, which is composed of the Minister of Islamic Culture and Guidance, a Supreme Court judge, a Member of Parliament, and a university professor who is appointed by the Minister of Islamic Culture and Guidance. The Board is responsible for issuing press licenses and for examining complaints filed against publications or individual journalists, editors, and publishers. In certain cases, the Press Supervisory Board may refer complaints to the courts for further action, including closure. The Press Court hears such complaints. Its hearings are conducted in public and feature the presence of a jury that is composed of clerics, government officials, and editors of government-controlled newspapers. The jury is empowered to recommend to the presiding judge the guilt or innocence of defendants and the severity of any penalty to be imposed, although these recommendations are not binding legally.
In the past, recommendations made by Press Court juries for relatively lenient penalties often were disregarded by the presiding judge in favor of harsher measures, including closure. Recently some human rights groups have indicated that the increasingly conservative Press Court has assumed responsibility for cases before they have been considered by the Press Supervisory Board, thus resulting in harsher judgements in many cases.
In March 2000, immediately after the success of reformers to capture a majority of seats in Parliament in the February 2000 parliamentary elections, the outgoing Parliament passed amendments to the Press Law that gave the Press Court increased procedural and jurisdictional power. The amendments allowed prosecution of individual journalists, in addition to their editors and publishers, for a broad range of ill-defined political offenses. The new Parliament (which was seated in May 2000), introduced a bill in August 2000 to reverse the restrictive amendments. However, Supreme Leader Khamenei intervened with a letter to the Speaker demanding that the bill be dropped from consideration. Semiofficial vigilante groups appeared outside the Parliament, creating an atmosphere of intimidation. Despite some strongly worded objections from members, the bill was withdrawn.
Public officials frequently levy complaints against journalists, editors, publishers, and even rival publications. The practice of complaining about the writings of journalists crosses ideological lines. Offending writers are subject to lawsuits and fines. Suspension from journalistic activities and imprisonment are common punishments for guilty verdicts for offenses ranging from "fabrication" to "propaganda against the State" to "insulting the leadership of the Islamic Republic." Police raid newspaper offices, and Ansar-e Hezbollah mobs attack the offices of liberal publications and bookstores without interference from the police or prosecution by the courts.
The Government's record regarding freedom of expression, which has worsened during the past few years, continued to deteriorate. It remained a central issue in the struggle between hardliners and political reformers. The Government continued its policy of issuing licenses for new publications, some of which engaged in open criticism of certain government policies. However, the Government issues such licenses at a much slower rate than in past years. Beginning in late April 2000, the Press Court closed virtually all remaining newspapers associated with the reform-oriented press. Over the course of a few days, the 14 most prominent reform newspapers were ordered closed, without hearings. By the end of 2000, more than 30 independent newspapers and journals were closed. A few mildly proreform newspapers continued to publish, but with restrictions. Hamshahri, a daily newspaper published by the Tehran municipality, was ordered to restrict its circulation to the Tehran city limits. Others continued to publish, but only with heavy self-censorship.
Dozens of individual editors and journalists have been charged and tried by the Press Court, and several prominent journalists were jailed for long periods without trial. Others have been sentenced to prison terms or exorbitant fines. Among those imprisoned were Mashallah Shamsolvaezin, the editor of a number of now-banned newspapers; Latif Safari, Shamsolvaezin's publisher; and independent journalists, such as Akbar Ganji, Ahmed Zeidabadi, Massoud Behnoud, Ebrahim Nabavi, and Ezzatollah Sahabi. In November 2000, Ganji went on trial for statements that he made at a conference in Berlin regarding Iranian politics (see Sections 1.c. and 1.e.).
HRW reported that at a televised news conference on August 21, 2000, President Khatami stated that the situation regarding the press and other media cases is "not satisfactory". HRW also quoted conservative Ayatollah Mesbah Yazdi, who reportedly said on October 3, 2000 that the Government should have "hanged all these idle babblers." In December 2000, Minister of Culture and Islamic Guidance Ataollah Mohajerani, a moderate who had attempted to protect press freedoms, resigned, representing a further setback to the protection of freedom of the press.
Press freedom continued to deteriorate during the year. HRW reported that the Government closed philosophical and cultural monthly Kiyan in January. The Government also closed one daily and three monthly independent newspapers in March. Authorities arrested journalists Fariba Davoodi-Mohajer, Mohammed Vali-Beig, and Massoud Behnoud in February, and arrested Hoda Saber and Reza Alijani in March. HRW claimed that by November, more than 50 daily and weekly newspapers had been issued closure orders, and that more than 20 journalists, editors, and publishers remained in prison. In November the Committee to Protect Journalists published a report in which it reported 16 cases of government closures of newspapers.
The Government carefully monitors the statements and views of the country's senior religious leaders to prevent dissent within the clerical ranks. In November 1997, Ayatollah Hossein Ali Montazeri, a cleric formerly designated as the successor to the late Spiritual Leader Ayatollah Khomeini, called into question the authority of the Supreme Leader, Ali Khamenei, criticizing his increasing intervention in government policy. The comments sparked attacks by Ansar-e Hezbollah mobs on Montazeri's residence and on a Koranic school in Qom run by Montazeri. The promotion of Montazeri's views were among the charges brought against clerics Mohsen Kadivar and former Interior Minister Abdollah Nouri at hearings of the Special Clerical Court in 1999 (see Section 1.e.).
The press reported throughout 2000 that several persons were jailed for expressing support for Grand Ayatollah Montazeri. In October 2000, Akbar Tajik-Saeeki, identified as the prayer leader at a Tehran mosque, reportedly was jailed by the SCC for signing a petition that protested the continued detention of Grand Ayatollah Montazeri. In December 2000, one of Montazeri's sons was arrested for distributing his father's writings. HRW reported that there were a number of protests against Montazeri's detention during the year, including a letter circulated in June by his children asking that the Government lift restrictions on him, and a petition signed on Montazeri's behalf by 126 out of the 290 members of Parliament.
The 134 signatories of the 1994 Declaration of Iranian Writers, which declared a collective intent to work for the removal of barriers to freedom of thought and expression, remain at risk. In July 1999, the Association of International Writers (PEN) released a statement noting that authorities had never solved the murders of signatories Ahmad Mirallai, Ghafar Hosseini, Ahmad Modhtari, Mohammad Jafar Pouyandeh, Ebrahim Zalzadeh, and Darioush and Parvaneh Forouhar, nor the disappearance in late 1998 of Pirouz Davani. PEN had reported in October 1998 that Declaration signatories Mohammad Pouyandeh, Mohammad Mokhtari, Houshang Golshiri, Kazem Kardevani, and Mansour Koushan were questioned by a Revolutionary Court in connection with their attempts to convene a meeting of the Iran Writer's Association. Mokhtari and Pouyandeh subsequently were killed, while signatory Mansour Koushan reportedly fled to Norway.
The Government directly controls and maintains a monopoly over all television and radio broadcasting facilities; programming reflects the Government's political and socio-religious ideology. Because newspapers and other print media have a limited circulation outside large cities, radio and television serve as the principal news source for many citizens. Satellite dishes that receive foreign television broadcasts are forbidden; however, many citizens, particularly the wealthy, own them. The Government confiscated many satellite dishes in the wake of the October soccer riots (see Section 2.b.).
The Ministry of Islamic Culture and Guidance is charged with screening books prior to publication to ensure that they do not contain offensive material. However, some books and pamphlets critical of the Government are published without reprisal. The Ministry inspects foreign printed materials prior to their release on the market.
Legal scholar Hojatoleslam Sayyid Mohsen Saidzadeh, who was convicted by the SCC in 1998 for his outspoken criticism of the treatment of women under the law, was released from prison early in 1999; however, the Government banned him from performing any clerical duties for 5 years and prohibited him from publishing (see Section 1.e.).
The Government effectively censors Iranian-made films, since it is the main source of funding for domestic film producers. Those producers must submit scripts and film proposals to government officials in advance of funding approval. However, such government restrictions appear to have eased since the 1997 election of President Khatami.
President Khatami announced in September 1998 that the Government would take no action to threaten the life of British author Salman Rushdie, or anyone associated with his work "The Satanic Verses." However, his remarks were repudiated by other parties, including the 15 Khordad Foundation, which claims to have financed a bounty for the murder of Rushdie (see Section 1.a.).
Academic censorship persists. Government informers who monitor classroom material reportedly are common on university campuses. Admission to universities is politicized; all applicants must pass "character tests" in which officials screen out applicants critical of the Government's ideology. To obtain tenure, professors must cooperate with government authorities over a period of years. Ansar-e Hezbollah thugs disrupt lectures and appearances by academics whose views do not conform with their own.""
Document(s):
Open document
16.01.2002 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)
Suppression of various types of expression continued ("Report on the situation of human rights in the Islamic Republic of Iran, prepared by the Special Representative of the Commission on Human Rights, Mr. Maurice Danby Copithorne, pursuant to Commission resolution 2001/17 (E/CN.4/2002/42)") [#5732], [ID 9018]
"10. The suppression of various types of expression continued in the period under review.
More newspapers and journals were banned or temporarily suspended; more journalists
were detained. One such case is that of Reza Alijani, former editor-in-chief of the now banned
Iran-e-Farda, who was reportedly held for 200 days in solitary confinement and permitted only
one visit from his wife. His lawyer had access neither to him nor his dossier. On 29 November,
Siamak Pourzand, a 73-year-old journalist and intellectual, and currently manager of the
Tehran Cultural Centre, disappeared outside his home and is widely presumed to be
detained by one of the security agencies. According to one usually reliable source, an
estimated 17 journalists were in prison as of 28 November 2001. In addition, the press reports
that a number of student journalists were arrested for such offences as blasphemy.
11. The banning of the press and the imprisonment of journalists continues to be effected by
the official press court, often presided over by the notorious Said Mortazari (see para. 40), by the
Special Court for the Clergy and by regular civil courts. In short, since the spring of 2000, it has
been open season on journalists.
12. With regard to other sources of information, it is reported that 1,000 satellite dishes
were seized in October 2001. In the first instance of its kind for some years, a film director,
Tahmineh Milani, was charged recently by the Tehran Revolutionary Court with promoting
counter-revolutionary objectives, that is, in the words of an official press release, “she has
abused the arts as a tool for actions which will suit the taste of counter-revolutionary groups”.
The film concerned apparently had all the necessary bureaucratic approvals and had been
publicly released. It had been financed by the relatively conservative Islamic Propagation
Office.
13. It will be evident that the freedom of expression atmosphere in Iran has not improved
since the Special Representative last reported to the Commission. Indeed, in the present
circumstances, it is perhaps surprising how fearless the public discourse generally is. The
Special Representative deplores the present situation and urges the Government to take steps to
restore freedom of expression in the country."
Document(s):
sr-irn-0102.pdf
Open document
20.12.2001 - Source: Amnesty International
20/12/2001 - Amnesty International: ("A legal system that fails to protect freedom of expression and association") [#5058], [ID 9020]
Document(s):
Open document
11.2001 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
ACCORD: Some laws impose explicit restrictions on the right to freedom of expression with penalties including imprisonment, flogging and fines ("7th European Country of Origin Information Seminar Berlin, 11 - 12 June 2001: Final Report - Iran") [#7661], [ID 9021]
"The limitations on the administration of justice are compounded by vague laws that
restrict freedom of expression:
Indeed, Amnesty International is specifically concerned that the right to freedom of
expression and association as recognized by Iran’s Constitution and international
human rights treaties to which Iran is a state party, remains subject to restrictions in
national law that go beyond those permitted under the Constitution and international law. Some laws impose explicit restrictions on the right to freedom of expression with
penalties including imprisonment, flogging and fines. Such restrictions under national
law are exacerbated by irregular trial procedures or interference in the judicial process.
Other laws are vaguely worded and open to abuse. This situation has over the years
produced a catalogue of victims of arbitrary detention, imprisonment after unfair trials
and other punishment for no reason other than the expression of their conscientiously
held beliefs. Such practices are not only contrary to international human rights
standards, but they are also contrary to Iran’s own Constitution.
The Islamic Human Rights Committee has stated that ”...when a State party imposes
certain restrictions on the exercise of freedom of expression, these may not put in
jeopardy the right itself”. In the January 2000 report to the UN Commission on Human
Rights the Special Rapporteur on the Promotion and Protection of the Right to Freedom
of Opinion and Expression urged ”all Governments to ensure that press offences are no
longer punishable by terms of imprisonment, except in cases involving racist or
discriminatory comments or calls to violence. In the case of offences such as ”libeling”,
”insulting” or ”defaming” the head of State and publishing or broadcasting ”false” or
”alarmist” information, prison terms are both reprehensible and out of proportion to the
harm suffered by the victim. In all such cases, imprisonment as punishment for the
peaceful expression of an opinion constitutes a serious violation of human rights.”
(E/CN.4/2000/63, para 205)Some laws impose explicit restrictions on the right to freedom of expression with
penalties including imprisonment, flogging and fines. Such restrictions under national
law are exacerbated by irregular trial procedures or interference in the judicial process.
Other laws are vaguely worded and open to abuse. This situation has over the years
produced a catalogue of victims of arbitrary detention, imprisonment after unfair trials
and other punishment for no reason other than the expression of their conscientiously
held beliefs. Such practices are not only contrary to international human rights
standards, but they are also contrary to Iran’s own Constitution.
The Islamic Human Rights Committee has stated that ”...when a State party imposes
certain restrictions on the exercise of freedom of expression, these may not put in
jeopardy the right itself”. In the January 2000 report to the UN Commission on Human
Rights the Special Rapporteur on the Promotion and Protection of the Right to Freedom
of Opinion and Expression urged ”all Governments to ensure that press offences are no
longer punishable by terms of imprisonment, except in cases involving racist or
discriminatory comments or calls to violence. In the case of offences such as ”libeling”,
”insulting” or ”defaming” the head of State and publishing or broadcasting ”false” or
”alarmist” information, prison terms are both reprehensible and out of proportion to the
harm suffered by the victim. In all such cases, imprisonment as punishment for the
peaceful expression of an opinion constitutes a serious violation of human rights.”"
Document(s):
cois2001-irn.pdf
11.2001 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
ACCORD: Laws pertaining to freedom of expression ("7th European Country of Origin Information Seminar Berlin, 11 - 12 June 2001: Final Report - Iran") [#7661], [ID 9022]
"Legal safeguards of freedom of expression and association are found in Iranian law. In
addition, Art. 19 of the ICCPR states:
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or in print, in the form of
art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article
carries with it special duties and responsibilities. It may therefore be subject
to certain restrictions, but these shall only be such as are provided by law
and are necessary: (a) For respect of the rights or reputations of others; (b)
For the protection of national security or of public order (ordre public), or of
public health or morals.
Iran’s Constitution provides the basis for individual freedom of expression: Art. 23 states
that ”The investigation of individuals' beliefs is forbidden” and ”no one may be molested
or taken to task simply for holding a certain belief”. Art. 24 provides for freedom of
expression in press and publications, stating that ”Publications and the press have
freedom of expression except when it is detrimental to the fundamental principles of
Islam or the rights of the public”.
Amnesty International is, however, concerned that restrictive, contradictory and vaguely
worded provisions contained in the Penal Code, the Theologians’ Law and the Public
Courts and Revolutionary Tribunals Procedural Law undermine the full exercise of the
right to freedom of opinion and expression. Such limitations in national law would go
beyond those permitted under Iran’s constitution and Art. 19 (3) of the ICCPR. The
following sections examine these laws and the various aspects of how they
impermissably restrict the exercise of the right to freedom of expression."
Document(s):
cois2001-irn.pdf
11.2001 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
ACCORD: Criticism, insult, satirization and defamation ("7th European Country of Origin Information Seminar Berlin, 11 - 12 June 2001: Final Report - Iran") [#7661], [ID 9023]
"There are at least nine laws, many of which are vague and overlap, that deal with insult
and defamation, notably of state representatives. The punishments set out in the Press
and Penal Codes provide for flogging, along with imprisonment. A number of individuals
have been detained or imprisoned under these laws for activities which amount to no
more than the expression of their conscientiously held beliefs. Amnesty International
has adopted a number of these individuals, such as Emadeddin Baqi, Mashallah
Shamsolvaezin and Hojjatoleslam val Moslemin Abdollah Nouri, as prisoners of
conscience, as they were imprisoned for the non-violent expression of their
conscientiously held beliefs.
Art. 23, 27 and 30 of the Press Code deal with criticism, insult and defamation. Art. 27
provides for the ”invalidation” of a publisher’s permit to publish and referral to the courts
without the usual requirement of a formal complaint being lodged at the Press Court
where insult of ”the Leader or the Leadership Council of the Islamic Republic of Iran and
the indisputable Sources of Imitation” has occurred. Art. 30 prohibits publication of
articles containing personal insults, defamation, swear words and obscenity, though it
provides no definition regarding what constitutes these acts.
Articles of the Penal Code relating to this area of crime and punishment include the
vaguely worded Art. 514, 608, 609, 697 and 698. Art. 608 provides for flogging and a fine
as punishment for ”insulting others, such as using foul language or indecent words...”.
Art. 514 specifically identifies insults made against the late Ayatollah Ruhollah Khomeini,
the first Leader of the Islamic Republic of Iran, while Art. 609 states that criticism of a
wide range of state officials in connection with carrying out their work (dar hal-e anjom-e
vazife ya be sabab-e an) can be punished by a fine, 74 lashes or between three and six
months’ imprisonment for insult (toheen). More specifically, Art. 609 prohibits criticism
of state officials considered to be the heads of any of the three bodies: the Supreme
Leader, the President, the Speaker of the Majles, assistants of the President, Ministers,
deputies in Parliament, members of the Council of Guardians, Assembly of Experts, the
judiciary and others.
Art. 697 states that if an individual makes allegations of an act that ”can be considered a
crime according to law”, but who cannot prove that it is true, will be sentenced to
between one month and one year’s imprisonment or 74 lashes or a sentence
combining the two. A note to the article states that where the statements have been
proven, but where it constitutes ”propagation of obscenities” (fohesha), the person will
also be sentenced. Art. 698 concerns the dissemination of false information. This is
punishable by flogging, a fine or imprisonment.
For example, in December 2000, Ali Afshari, a student representative of the Daftar-e
Tahkim-e Vahdat (Office for Strengthening Unity), was arrested following a speech he
gave at Amir Kabir University in which he reportedly called for a referendum on the
election of the Supreme Leader, thus criticizing the velayat-e faqih, or rule of the
jurisprudent, by which the leader of Iran is chosen. This opinion was reportedly
considered to have been slanderous to the state’s leadership and has resulted in his
arrest, although Amnesty International does not know the specific articles under which
he was detained. He was held in incommunicado detention and his lawyer has stated
repeatedly that he has not had access to Ali Afhsari at all. He has been in detention
since then. In June 2001 he appeared on television apologizing for his actions."
Document(s):
cois2001-irn.pdf
11.2001 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
00.11.2001 – ACCORD: Freedom of expression and "acts against state security" ("7th European Country of Origin Information Seminar Berlin, 11 - 12 June 2001: Final Report - Iran") [#7661], [ID 9024]
"The Penal Code contains a number of vaguely worded articles relating to association and ”national security” which prohibit a range of activities, such as those connected with journalism or public discourse, which do not amount to recognizable criminal offences. These include Art. 498 and 499 which state that whoever forms or joins a group or association either inside or outside the country which seeks to ”disturb the security of the country” will be sentenced to between two and 10 years’ imprisonment. There is no definition of 'disturb' or 'security of the country' in the Code. Such restrictions need to be clearly set in national law and should be consistent with international standards.
Art. 500 and 610, addressing national security, are similarly vaguely worded. Art. 500 states that ”...anyone who undertakes any form of propaganda (har nahv-e tablighati) against the state...will be sentenced to between three months and one year in prison.” Art. 610 states that where two or more persons gather and collude to be the perpetrators of a crime against internal or external security of the nation, or to facilitate
it, where or not they are considered ‘mohareb’6, will be imprisoned for between two and five years. ‘Security’ and ‘propaganda’ are not defined in the Penal Code, and in practice these articles have been used to detain, try and convict journalists, intellectuals and social commentators, whether in connection with their writing or statements made in public, amounting to no more than the expression of their beliefs or opinions.
For example, 29 individuals who participated in or supported a conference entitled Iran After the Elections held at the Heinrich Böll Institute in Berlin in April 2000 were tried in November and December 2000 by the Islamic Revolutionary Court on charges including ”acts against state security” (aqdam ‘aleye amniyat-e melli), ”collaboration with counterrevolutionary groups”, ”forming or membership of a group or association that seeks to disturb state security”, ”propaganda against the state” (tabligh-e ‘almi ‘aleye nizam) and ”insulting Islam” in connection with speeches the participants gave at the conference. The charges were based on various articles of the Penal Code, including Art. 498 and 500, cited above. At least nine of the defendants have been convicted and sentenced to prison terms, yet no evidence was produced to suggest that the defendants were involved in any violent activities connected to their participation at the conference. The sole evidence seems to have been limited to the defendants’ presence at and their
presentations to the conference. These presentations were, in fact, reproduced and published in 2000, in a book entitled ”Konferans-e Berlin; Khedamat ya Khiyanat”, (The Berlin Conference: Service or Treason). The book was fully authorized by the Ministry of Culture and Islamic Guidance and was, therefore, legally published.
Amnesty International believes that those convicted and sentenced to prison terms are - where they are still detained - prisoners of conscience, punished for the non-violent expression of their conscientiously held beliefs. The organization considers the conviction of participants at the Berlin conference, and their later imprisonment, under,
inter alia, Art. 498, 499, 500 and 610 of the Penal Code, which address 'joining or forming an association' and 'acts against state security', to be contrary to Art. 19 of the ICCPR and Art. 23 and 24 of the Constitution. These vaguely worded articles have been used, in this case, to punish individuals for exercising their right to freedom of
expression."
Document(s):
cois2001-irn.pdf
11.2001 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
00.11.2001 – ACCORD: "Insult" to religion ("7th European Country of Origin Information Seminar Berlin, 11 - 12 June 2001: Final Report - Iran") [#7661], [ID 9025]
"Laws relating to religion have been used repeatedly to limit freedom of expression. These include, in particular, Art. 513 of the Penal Code and Art. 6 and 26 of the Press Code.
Under Art. 513, offences considered to amount to ”insult” to religion can be punished by death or imprisonment of [between] one to five years. Similarly, Art. 6 and 26 of the Press Code proscribe ”writings containing apostasy and matters against Islamic standards (mavazin-e eslami)” and ”the true religion of Islam...”, but state that such cases will be heard in a criminal court. Art. 6 of the Press Code specifically states that those convicted will be ”assigned punishments according to Art. 698 of the Penal Code.” This article concerns the intentional creation of ”anxiety and unease in the public’s mind”, ”false rumours” or writing about ”acts which are not true”, even if it is a quotation, and provides for between two months and two years’ imprisonment or up to 74 lashes.
Both the Penal Code and Press Code do not specifically define what activities constitute insult to religion and have, indeed, been used to punish people for the expression of their opinion. For example, journalists connected with the newspaper Neshat (Happiness), including the publisher, Latif Safari, editor Mashallah Shamsolvaezin and another journalist, Emadeddin Baqi, were detained, tried, convicted
and sentenced, each to prison terms in excess of two years, for the publication of two articles which discussed the place of the death penalty in society. The court considered the two articles to amount to ”insults of religion.”"
Document(s):
cois2001-irn.pdf
11.2001 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
00.11.2001 – ACCORD: Special restrictions on freedom of expression for theologians ("7th European Country of Origin Information Seminar Berlin, 11 - 12 June 2001: Final Report - Iran") [#7661], [ID 9026]
"Vaguely worded articles in the Theologians’ Law have resulted in the prosecution, conviction and imprisonment of theologians for the mere expression of their views, whether in print or public discourse. According to Art. 18 of this law, ”acts which customarily cause insult to the dignity of Islamic theology (clergy) and the Islamic Revolution are construed as an offence for theologians.” Such unspecified ‘acts’ have resulted in unfair trials, notably of alleged press violations being tried in the Special Court for the Clergy (SCC) and the imprisonment of prisoners of conscience."
Document(s):
cois2001-irn.pdf
10.08.2001 - Source: UN General Assembly
Journalists usually arrested for defamation, publishing false information, criminal material or sensational material contrary to modesty, or collaboration with counter-revolutionary groups ("Situation of human rights in the Islamic Republic in Iran A/ 56/278") [#4950], [ID 9027]
"In his last interim report to the General Assembly, the Special Representative described the early stages of what became a widespread crackdown on the press, instituted by elements in the judiciary in April 2000(A/55/363, paras. 12-21). The process has continued. During the past 15 months (to early July 2001), more than 40 publications, daily newspapers and weekly magazines have been closed down for various periods of time, some indefinitely. (In the Islamic Republic of Iran, as elsewhere, publications sometimes close for purely financial or editorial reasons.)
9. In addition, editors and journalists have been charged with various offences and fined, sent to jail or banned from journalism for a period of years or, in
some cases, a combination of the above. At least one was sentenced to be lashed, a sentence subsequently overturned. The numbers are uncertain, but the best recent estimate available to the Special Representative is that since April 2000, more than 20 journalists have spent time in jail, in either pre- or post-trial detention.
10. Typical charges are:
(a) Defamation;
(b) Publishing false information;
(c) Publishing criminal material;
(d) Publishing sensational material contrary to
modesty;
(e) Collaborating with counter-revolutionary
groups.
11. The campaign against the press has spread beyond the usual definition of "journalist". A theology student was brought before the Special Clerical Court for articles deemed to be propagating against the Islamic Republic; a number of university students were detained for articles in their student newspapers deemed to be blasphemous, an offence that could draw the death penalty; and a cartoonist was charged with publishing an offensive caricature of the judiciary. According to press reports, the complaints against the
press are being brought chiefly by six state agencies, and this has given rise to the term "serial plaintiffs". The campaign against the press appears to be waged by these agencies with the willing support of a small group of judges.
12. It has been pointed out in the Iranian press that, despite the fact that the existing, rather conservative press law provides for a maximum suspension of six months, many papers have been sentenced to longer periods of closure and some have remained closed even after the expiry of the prescribed closure period. The judges involved have gone outside the press law and invoked sections of the Constitution as well as other legislation, particularly the Precautionary Measures Law, which both refer to the prevention of crime. One
journal was closed for insulting the President, who replied that he knew of no law that prescribed a punishment for such an act.
13. In discussing the repression of the Iranian press, it is clear that the vagaries of many Iranian laws, including the Constitution, are being taken full
advantage of. The various laws that have relevance to criticism, insult and defamation are perhaps typical in this regard. Procedural issues are also very much part of the problem. There are many examples of arbitrary arrest, prolonged detention prior to trial, often in solitary confinement, and denial of the elements of fair trial. Clearly, reform is needed, both legislative (in
order to give greater precision as to the offences involved) and judicial (in order to ensure the implementation of procedures that protect the rights of
the accused)."
Document(s):
02192iran.pdf
Open document
01.06.2001 - Source: Human Rights Watch
Human Rights Watch: ("Stifling dissent: The Human Rights Consequences of Inter-Factional Struggle in Iran") [#1966], [ID 9028]
Document(s):
I. Summary
II. Recommendations
III. The Constitutional Impasse
IV. Muzzling the Press
V. Silencing Critics
VI. Legal Background
VII. Acknowledgements
2001 - Source: International Press Institute
00/2001 - International Press Institute: ("2003 World Press Freedom Review") [#3298], [ID 9019]
Document(s):
Open document
01745iran.htm
03.05.2000 - Source: Human Rights Watch
Human Rights Watch: ("Activists and Intellectuals Detained in Iran for Participating in a Conference") [#863], [ID 9029]
Document(s):
Open document
19.03.1986 - Source: NetIran
Press Law (Ratified on March 19, 1986) and its Executive By-law (January 31, 1987) ("Press Law (Ratified on March 19, 1986) and its Executive By-law (January 31, 1987)") [#24967], [ID 9030]
Document(s):
Open document