Document #1168328
IRB – Immigration and Refugee Board of Canada (Author)
The following information was provided to
the Research Directorate by an Iranian lawyer based in London. An
accusation of "immorality" (e.g. having male friends but not
necessarily committing adultery) against a woman is usually
expected to be accompanied by some evidence, for example, that she
was with a certain man at a certain time. Then the man and the
woman may both be arrested and questioned about the nature of their
relationship. The lawyer does not believe that a simple telephone
call to the authorities advising them that a certain woman has male
friends would be sufficient cause for the authorities to arrest the
woman. Typically an accusation of "immorality" is made against a
person who has been accused of other crimes, such as drug dealing
(29 June 1998).
The following information was provided to
the Research Directorate by an Iranian lawyer who practices law in
Iran. The lawyer believes that a divorced woman would probably not
be arrested for "immorality" merely on the basis of an anonymous
tip. If a person were to submit a written complaint to the
authorities about a woman's alleged "immorality," an investigation
would probably be launched by a prosecutor's office, but a woman
would probably not be subject to search or arrest until the
authorities were able to substantiate some of the claims made in
the complaint, or unless the complainant made a very specific
allegation, for example, that the woman would be found engaging in
illicit sexual relations at a certain time in a certain place. A
simple statement to the effect that the woman had a boyfriend would
be unlikely to lead to an arrest. The lawyer said that the
government agency that would deal with such complaints would likely
be the bureau known as "Amr-e be-Marouf va Nahy-e be Monker"
(Prevention of Vice and Promotion of Virtue) (2 July 1998).
However, a professor of sociology at
Concordia University in Montreal, who specializes in Iranian
women's issues, told the Research Directorate that she believes
that a simple telephone tip could be sufficient for the authorities
to launch an investigation of "immorality" against a woman, adding
that there have been cases in which women accused of "immoral
behaviour" have been detained without even having been questioned
(29 June 1998). Morality cases are often dealt with by a government
ministry known as "Ershad," ("Irshad") or "Amr-e be Marouf va
Nahy-e be Monker" (ibid.).
This was corroborated by a professor of
political science at Spring Hill College in Mobile, Alabama, who
informed the Research Directorate that
There is no fixed procedure for accusing a woman of "immoral behavior." Unfortunately, this can be done by a jealous husband, neighbor, relative, or friend. The burden of proof is on the accused. There is a bureau called "Amer-e be Marouf va Nahy-e be Monker" (Bureau for the Prevention of Vice and Promotion of Virtue") that deals with a lot of these issues (23 June 1998).
Information on possible consequences of
conviction on charges related to morality can be found in the
compilation of documents entitled "Iran: Status of Women," prepared
and distributed by the Committee for Humanitarian Assistance to
Iranian Refugees and available at Regional Documentation
Centres.
For information on the definition of
adultery under Iranian law, please see the document attached to
Response to Information Request IRN29552.E of 30 June 1998. For
information on the penalty for "illicit sexual relations" but not
adultery, please see Response to Information Request IRN29331.E of
8 May 1998.
For information on enforcement of morality
laws in Iran, please see Response to Information Request IRN23175.E
of 20 February 1996.
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum.
References
Iranian lawyer who practices law in
Iran. 2 July 1998. Telephone interview.
Iranian lawyer who practices law in
London. 29 June 1998. Telephone interview.
Professor of political science, Spring
Hill College, Mobile, Alabama. 23 June 1998. E-mail
communication.
Professor of sociology, Concordia
University, Montreal. 29 June 1998. Telephone interview.