IRAN
- Current Issues
- Country Background, Politics & Law
- Human Rights Issues
- Security, Humanitarian Issues and Protection Related Issues
- Opposition
Human Rights Issues
14.09.2007 - Source: US Department of State
Constitution states that Iran's army must be Islamic and its individuals committed to the objectives of the Islamic revolution; in practice no religious minorities are exempt from military service, apart from Baha'is ("International Religious Freedom Report 2007") [ID 21186]
"The Constitution states that the country's army must be Islamic and must recruit individuals who are committed to the objectives of the Islamic revolution; however, in practice no religious minorities are exempt from military service, apart from Bahá'ís, who are not permitted to serve in the military. The law forbids non-Muslims from holding officer positions over Muslims in the armed forces. Members of religious minorities with a college education can serve as officers during their mandatory military service but cannot be career military officers."
Document(s):
Open document
04.2005 - Source: UK Home Office
Draft avoidance ("Country Report - April 2005") [#31980], [ID 9179]
"[...]5.55 According to the DIRB the penalty for draft avoidance in peacetime is an extra 6 months -2 years service, and in wartime up to 10 years extra service or punishment at the discretion of the convicting judge. [2c](pg24) During 2001 it was reported in the Country of Origin Information Seminar. Final Report. Berlin June 2001 that a bill was submitted to the Majles and supported by the Army, suggesting that every year it would be possible to exempt 100,000 potential draftees provided that a sum of 10 million Rials (USD 5,700) was paid. The bill was passed by the Majles and approved by the Council of Guardians but vetoed by the Leader. At present there are new regulations with respect to temporarily postponing military service for those who wish to further their education abroad. A sum of 30 million Rials (USD 17,100) needs to be deposited by the applicant to the Military Service Department. If the applicant does not return the sum will be forfeited. In case of return the sum will be reimbursed but military service will still need to be completed. [3c] Time still to be served and prison sentences imposed for desertion may now be bought off. [19a](pg21)
5.56 War Resisters International 1998 reports that the right to conscientious objection is not legally recognised and there are no provisions for substitute service. [25] Iran appears as a co-signatory to a letter dated 24 April 2002 addressed to the UN Commission on Human Rights concerning the question of conscientious objection. In it, it states that Iran does not recognise the universal applicability of conscientous objection to military service. [10q] [...]"
Document(s):
Open document
10.2002 - Source: UK Home Office
UK Home Office: Men become eligible for conscription for a 21 month period of compulsory military service on their 18th birthday although the voluntary recruitment age is 16 ("Country Assessment - October 2002") [#9556], [ID 9180]
"4.32. In August 2001 the Regular Armed Forces numbered about 513,000, including conscripts: army 325,000, Revolutionary Guard Corps (Pasdaran Inquilab) some 125,000, navy 18,000, airforce around 45,000. There are some 350,000 reserves. It is believed to have a few hundred thousand men in active service. The military is entrusted by the Constitution with the task of protecting the independence, territorial integrity and system of government of the Islamic Republic. Paramilitary forces comprise an estimated 300,000 volunteers of the Basij and some 40,000 under the comand of the Ministry of the Interior. Iranian men become eligible for conscription for a 21 month period of compulsory military service on their 18th birthday although the voluntary recruitment age is sixteen. Permanent military exemptions may be government-granted, purchased (no longer) or medically certified. There are a number of conditions for exemption, relating to age, disability, education and date of departure from Iran. The disabled, sole family guardians and support, and only sons, are exempted without cost. Men who left Iran after 1990 may purchase exemption for $1,000 -3,000. Those with PhDs or BAs who left Iran before March 1990 may pay up to $16,600. Men who are continuing graduate studies abroad who pay their own expenses will be granted a full exemption. Those who qualify are able to return to Iran periodically throughout their studies. Men born after 1958 who have degrees in fields deemed essential by the state, such as medicine, pharmacy, and dentistry, are not eligible for exemption."
Document(s):
Open document
10.2002 - Source: UK Home Office
UK Home Office: Right to conscientious objection is not legally recognised and there are no provisions for substitute service ("Country Assessment - October 2002") [#9556], [ID 9181]
"4.34. The right to conscientious objection is not legally recognised and there are no provisions for substitute service. Iran appears as a co-signatory to a letter dated 24 April 2002 addressed to the UN Commission on Human Rights concerning the question of conscientious objection. In it she states that Iran does not recognise the universal applicability of conscientous objection to military service."
Document(s):
Open document
10.2002 - Source: UK Home Office
UK Home Office: Penalty for draft avoidance in peacetime is an extra 6 months - 2 years service, in wartime up to 10 years extra service or punishment ("Country Assessment - October 2002") [#9556], [ID 9182]
"4.33. The penalty for draft avoidance in peacetime is an extra 6 months-2 years service, and in wartime up to 10 years extra service or punishment at the discretion of the convicting judge. However, new provisions on buying exemption from military service and dealing with desertion cases are said to have been enacted recently, extending previous practices although not sanctioned by Kamenei. Time still to be served and prison sentences imposed for desertion may now be bought off."
Document(s):
Open document
11.2001 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
ACCORD: Sentences for draft evasion ("7th European Country of Origin Information Seminar Berlin, 11 - 12 June 2001: Final Report - Iran") [#7661], [ID 9183]
"Art. 58 of the Law pertaining to military service states:
a) Draft evaders in times of peace who present themselves in times of peace after a
decision is made as to their service or upon completion of their service shall be deprived of receiving their exemption certificate or their service certificate for 6 months
up to one year and draft evaders in times of peace who are arrested will not receive
their exemption or service certificate for 1 to 2 years.
b) Draft evaders in times of peace who present themselves in times of war, shall
receive their service card upon termination of their service or exemption card right away
and those who are arrested will be deprived of receiving their certificate for 2 to 4 years.
c) Draft evaders in times of war who present themselves in times of war, shall be
deprived of receiving their certificate for 1 to 2 years, and those who are arrested will be
deprived of receiving their certificate for 3 to 5 years.
d) Draft evaders in times of war who present themselves in times of peace shall be
deprived of receiving their certificate for 5 to 7 years and those who are arrested will be
deprived of receiving their certificate for 7 to 10 years.
The importance of receiving a military service completion card is that without it the
person deprived of the certificate cannot work in a public function, cannot marry, travel
abroad, obtain a passport etc. Moreover, the judge can sentence the draft evader to
other punishment (Ta’zir) as he deems fit."
Document(s):
cois2001-irn.pdf
11.2001 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
ACCORD: Although there is no alternative service, it is possible to buy out exemption from military service of those who were abroad since 1987 ("7th European Country of Origin Information Seminar Berlin, 11 - 12 June 2001: Final Report - Iran") [#7661], [ID 9184]
"The Iranian army, which is believed to have a few hundred thousand men in active
service, comprises mostly conscripts serving a two-year term.
Although there is no alternative service, it is possible to buy out military service for those
who were abroad since 1987. The price to be paid varies according to the level of
education with a higher price for PhD students and a lower one for those who only
completed High School. Last year there was a bill submitted to the Majles and
supported by the Army, suggesting that every year it would be possible to exempt
100,000 potential draftees provided that a sum of 10 million Rials (USD 5,700)24 was
paid. The bill was passed by the Majles and approved by the Council of Guardians but
vetoed by the Leader. At present there are new regulations with respect to temporarily
postponing military service for those who wish to further their education abroad. A sum
of 30 million Rials (USD 17,100) needs to be deposited by the applicant to the Military
Service Department. If the applicant does not return the sum will be forfeited. In case of
return the sum will be reimbursed but military service will still need to be completed."
Document(s):
cois2001-irn.pdf
