Iranian officials fail to use non-violent means before resorting to the use of force or firearms
SPREADING JUSTICE– As nationwide protests continue across Iran, Spreading Justice continues to monitor the use of violence namely lethal force against protestors. Despite the claims of authorities, there is concrete evidence pointing to the the use of excessive and lethal force against protestors.
The presence of the FARAJA force is prominent; indeed, these special units are much more visible in the current unrest than in previous instances. In addition to the FARAJA, the Imam Ali Security Battalions, affiliated with the Basij Forces, under the command of the IRGC ground forces are playing a key role in the suppression of unarmed protestors.
Spreading Justice has collected evidence which shows the use of lethal weapons by the above forces. In addition to anti-riot equipment such as tear gas, pepper spray, shockers, and batons, the repressive forces have used a variety of prohibited weapons against civilians. The report released today documents a series of reports analyzed by Spreading Justice pointing to the overwhelming conclusion that there has been an ongoing use of lethal weapons against protestors.
The paintball gun, which can be bought and sold in the market, is designed as a weapon for playing or using in sport clubs. This gun, which is mainly made of aluminum, works with various gases, including CO2 gas, compressed air, or nitrogen.
The caliber of this weapon is 0.68, it has a range of approximately 45 meters, and it can hold up to 200 bullets per load and operate semi-automatically.
Paintball guns are not considered lethal weapons in general, however their use by law enforcement against protesters specially targeting of their face and upper body is prohibited. Several reports have been submitted to Spreading Justice, showing that FARAJA units use this weapon to target the faces of protesters, which in some cases have caused injury, especially to the eye. Spreading Justice has documented the dangerous use of this weapon in various cities including Tehran, Mashhad, Rasht, Karaj and Sanandaj.
Shotguns
A shotgun is a type of gun that has a groove-less barrel and fires many spherical pallets at the target in each shot. This type of gun is usually used in hunting and sports and sometimes in war and for police forces. Shotguns range usually does not exceed 100 meters. Most two-barrel guns fall under this division of firearms. A shotgun cartridge usually has a cardboard or plastic casing called shotshell, and its size is expressed by a number that is sometimes called caliber in Farsi, analogously to bullet guns.
Shotguns usually exist in the form of long barreled or waist guns, but evidence found so far indicates that the only ones used in facing protesters are long-barreled types.
Shotguns have been systematically used in various cities by plain clothes or uniformed forces against protestors in recent protests, despite being prohibited and potentially its use being considered unlawful. OHCHR indicates that use of projectile weapons is unlawful under certain circumstances. The use of shotguns in recent protests against the protesters fails at least 3 of the requirements for the use of this weapon, in addition to having been used on unarmed peaceful protestors, shot guns have been used unlawfully because (1) multiple pallets were fired at the same time which means it cannot comply with the principles of necessity and proportionality. (2) in some cases, were used in a very short distance, (3) they were targeted at the face and neck of protestors.
According to the documents collected by the Spreading Justice, most of the shells used in the recent protests were 12mm pallets, which usually hold 9 bullets and can be deadly if used at less than 40 meters.
After studying the forensic documents and speaking to eyewitnesses, Spreading Justice confirms that the FARAJA forces used a shotgun was the weapon used to kill Mohammad-Javad Zahedi in the city of Sari.
Spreading Justice has talked to at least three doctors who have treated the injured in recent incidents. According to the testimony of these doctors, more than 80 patients were wounded by pallets from shotguns. It should be noted that this large number is based on the testimony of only three doctors in the cities of Tehran, Rasht and Karaj.
According to testimonies and reliable video documentation, the pallets did not only hit the lower body of the protestors, but they were found in various parts of the body including the face and torso. This shows that contrary to the statements of law enforcement officials, the forces present at the scene have used this weapon, which can be deadly, by firing indiscriminately at the protesters.
In addition to unbranded ammunition, Spreading Justice has analyzed pictures of used shotshells, which belong to the Maham company. Maham is a subsidiary of Iran’s Ministry of Defense.
Assault rifles
Based on reports received by Spreading Justice, the weapons of war used to suppress protestors were mainly one of the below:
Kalashnikova
Heckler & Koch G3
Steyr HS .50
Spreading Justice has received information on the use of Styr HS .50, however has not been able to confirm its use and is in the process of examining and monitoring for additional evidence on the use of this weapon, therefore the details of use of this weapon is not discussed in this report and will be discussed in the future reports.
Kalashnikova (known as: Kalash or AK-47) is an assault rifle that operates with gas and is chambered for 7.62 x 39mm cartridge. The effective firing range for an AK-47 is between 300 to 400m and its maximum range is 2000m. The standard magazine capacities of this weapon are 30 or 75 rounds drum.
Another weapon that falls under this category is Heckler & Koch G3. This weapon has caliber of 7.62 and 51mm bullets. Its effective firing range is 200 to 400m and its standard magazine capacity is 30 as well as up to 100 round drum magazines.
Although these weapons are being used less than in previous instances, they were most documented in the massacre of Zahedan that came to be known as bloody Friday of Zahedan, and the use of Kalashnikova in the deadly attacks on Sanandaj.
According to the opinion of the doctors consulted by Spreading Justice, the effects of this weapon can be seen on the bodies of some victims, including Omid Sarani and Matin Ghanbarzehi.
As mentioned, the death of about 90 Baloch protesters in the event of Black Friday in Zahedan are considered the most concrete evidence of the use of these weapons against the protesters.
Considering the extent of protests in 114 cities and 79 universities, Spreading Justice cannot consider the use of these weapons as dominant way of suppressing the protestors in recent protests.
Handguns
There are many types of handguns, but according to Spreading Justice in consultation with experts, the most common type available to the FARAJA forces is the German Sig Sauer, which is known as Zoaf in Iran.
This 9mm semi-automatic weapon is armed with direct gas pressure and its barrel is air-cooled. This weapon is used in short distances and its magazine usually holds 8 bullets.
There are reports of the use of revolvers and various Glock or Beretta by the security and military forces, however Spreading Justice has not been able to independently confirm their use in the recent protests, we continue to monitor and examine evidence and will update our future reports on the use of these lethal weapons in our future reports.
By examining the available evidence, Spreading Justice can confirm that this lethal weapon has been used by FARAJA uniformed officers in at least four locations in Zahedan, Karaj, Rasht, and Tehran.
However, from Spreading Justice examination of reports and evidence it is apparent that the use of handguns has not been in a systematic manner.
Spreading Justice continues its investigation and evidence gathering related to the use of weapons to suppress protestors. Official claims that the forces at the scene were not equipped with lethal weapons is false. Spreading Justice will continue its monitoring of the deployment of lethal force against protestors by FARAJA and other forces.
For media inquiries please contact HRA Senior Advocacy Coordinator Skylar Thompson at [email protected]
“A surge in Crackdowns Across Iran” Panel Discussion was held yesterday, 27 September 2022 in person at Atlantic council building in Washington DC. The panel discussion that was hosted jointly by Human Rights Activists in Iran (HRA) and Atlantic council was also broadcasted online through various channels.
The discussion Moderated by Holly Darges from Atlantic council’s Iran Source included diverse speakers and panelists from US Department of States, Atlantic Council, Article 19, Committee to Protect Journalists (CPJ), Baha’is of the United States, and Human rights Activists in Iran (HRA).
William F. Wechsler the senior Director of Rafik Hariri Center & Middle East programs of Atlantic Council started the seminar by welcoming the guests. He also mentioned that the initial objective of the event at the early stages of planning has been “to call attention to dynamic that was happening inside Iran that was not getting as much attention and now, of course, the world is watching”, then he continues to remind us that Iran threatens neighbors in the region and in the rest of the world however “the first people that it threatens and the first victims are the people in Iran itself.” After setting the tone for the panel discussion ahead, Wechsler introduces the Keynote speaker Deputy Assistant Secretary for Iran and Iraq, Deputy Assistant Secretary for Press, and public diplomacy of US Department of State, Jennifer Gavito.
“The government of Iran has denied Iranians their human rights including through severe restrictions on the rights to peaceful assembly, freedom of association, freedom of religion or belief, freedom of expression. For decades political decent has been met with violent repression from the Iranian regime”, Das Gavito expressed concerns for the human right situation in Iran.
Das Gavito mentions the recent violent crackdown on peaceful protestors following the Mahsa Amini’s Death and the increased pressure on Iranian women by the Morality Police. Then she speaks of brave women who fight for their fundamental rights and continues to say, “The protests that we are seeing throughout Iran in spite of the government retaliation and attempts to obfuscate reality show very clearly that the Iranian people and the Islamic Republic of Iran do not see eye to eye”.
“The United States strongly supports the human rights of all Iranian women including the right to peacefully assemble and to express themselves without fear of violence” DAS Gavito then emphasizes that Iran’s human rights abuses is not limited to suppression women’s rights and peaceful assembly, rather Iran has a large number of political prisoners. She mentions the violation of rights of religious minorities by Iranian Government who have been targeted for their beliefs as well. DAS Gavito promised the people of Iran that the American government will hold the violators of human rights accountable. As an example, she pointed to the recent sanction of the moral security police and high-rank officials and said that the actions of the American government will not be limited to these cases and sanctions.
After DAS Gavito, Holly Darges, as the Moderator, gave a general explanation about the panel process and the general description of the events of the recent protests in Iran, and noted that the suppression of protests and the human rights situation in Iran is at a very critical stage. Darges then introduces all the panelists and starts the panel by Yeganeh Rezaian.
Yeganeh Rezaian, Journalist and Senior Researcher at the committee to protect Journalists (CPJ) spoke about her experience of encountering the Morality police as a woman who lived in Iran and her arrest and transfers to the same detention center where Mahsa Amini had been taken to. She continues by reminding that many women in Iran have a similar experience and are repeatedly detained for their choice of clothing. She also pointed to the courage of the new generation in Iran and said that the new generation is fundamentally different from its previous generations and does not bow down to the police and the ruling class.
Ms. Rezaian, who as a journalist has a history of being imprisoned in Iran, emphasized the importance of keeping track of arrests and the role of journalists, by saying Journalists working in international media have many restrictions on traveling to Iran, preparing documents and news reports, and that is why they usually only refer to the reports prepared by journalists inside Iran – despite the many restrictions. This is in a situation where the arrest of Iranian journalists and the pressure on them has increased dramatically in recent days, and this issue has made providing information more challenging than before.
Furthermore, she raised concern about increasing arrests of journalists even local journalists in very small towns, she claimed at least half of journalists arrested in recent days have been women and asked the international community to increase the pressure on Iran for the suppression and arrests of journalists in Iran.
Senior Advocacy Coordinator at Human Rights Activists in Iran (HRA), Skylar Thompson, started her remarks by reporting on the alarming situation of women and human rights in Iran. While presenting a heat map of current protests, Thompson highlights that just in the first 10 days of protests, “protests are spanning 93 cities at least there are in 30 of 31 provinces, they are in 18 universities” she then continues by saying that these protests are not just in urban streets of Tehran, but they are spawning geographically, class, gender, and age wise.
Skylar Thompson presented statistics on the repression of protesters in recent days in Iran, stating according to HRA’s documentation received to this point the youngest person killed was a 16-year-old boy, and she added, A 10-year-old girl was also targeted in these protests. she was shot by the security forces of the Islamic Republic of Iran, but fortunately she survived, although she is in critical condition.
According to Thompson, the senior advocacy coordinator at HRA the situation of human rights has exacerbated during Raisi’s term. She mentioned the upward trends in executions, the return of public executions after two years, and the execution of minor offenders. She also mentioned the surge in inhumane retaliation sentences such as amputation of hands and blinding of eyes.
Mrs. Thompson further pointed to the actions that the international community is obliged to take, such as sanctioning the officials behind suppression, as well as sanctioning institutions that violate women’s rights in Iran, and said: “The fact that the American and Canadian governments have imposed sanctions on the Morality Police and some officials is a positive step, but we do not know who the Canadian government has specifically sanctioned. On the other hand, the silence of countries like England is questionable, and we still do not know the result of the decision and possible actions of the European Union.
In addition, in answer to a question raised by the audience, Mrs. Thompson addressed the difficult livelihood situation of workers and teachers in Iran. She pointed out that teachers had organized many protest rallies in recent months, which led to the arrest of more than 150 teachers’ union activists.
Senior Researcher MENA region at Article 19, Mahsa Alimardani, raised concerns regarding free flow of information due to the internet disruption and blocking of many online services in Iran during recent protests.
Alimardani, as an expert in the field of technology and communication, discussed the challenges of communication in Iran in the last eleven days and that the Islamic Republic has used new methods to limit access to the Internet. She discussed the difference between the communication restrictions in recent events and what happened in November 2019 and explained that even though this time the internet was not cut off completely like in November 2019 and some Iranians have been able to use the internet in recent days. She added that the disruptions are more strategic than before and at hours that protests usually increase after 4pm, outages and other disruptions increase.
Alimardani Also spoke about Satellite Internet (Namely Starlink) and called the lifting of U.S. sanctions in this regard a positive step. She also warned of the vast disinformation in this regard and even malwares and unsafe apps that have claimed by their downloads users in Iran can connect to Starlink.
Despite the existing challenges, Alimardani expressed hope about the possibility of using satellite internet but also warned that the excessive attention to Starlink in recent days has been a bit misleading and has caused attention to be taken away from the actions that can be taken, such as providing safe and secure VPNs for users in Iran.
Anthony Vance, director of public affairs of the Baha’is of the United States, was another speaker at the meeting who addressed the problems of the Baha’is in Iran and said that the pressure on the Baha’is of Iran has increased systematically in the government of Ibrahim Raisi, especially since June. Depriving Baha’is of education, destroying their homes and spreading hatred against the Baha’i community are only a few examples of the oppression that Vance mentioned.
At the end of the joint meeting of the group of human rights activists in Iran and the Atlantic Council, the Panelists Answered questions submitted by the audience.
From Forced Veiling to Forced Confessions; A spike in crackdowns against women in Iran
In Iran the punishment for being seen in public without a headscarf and what is deemed ‘appropriate’ clothing includes arrest, a prison sentence, flogging or a fine. Such a “use of repressive legislation to criminalize the exercise of freedom of expression and peaceful assembly is incompatible with Iran’s obligations under international human rights law”. Historically, women’s rights activists have been arrested and sentenced to prison for protesting against what has been termed “forced veiling” or “compulsory hijab”.
Most recently there has been a frightening uptick in crackdowns against women in Iran and a slew of those women’s rights activists have additionally been coerced into forced confessions televised across Iranian State media after being arrested for protesting against forced veiling; a violation of the freedom from torture, the right to fair trial and due process.
In July, a video circulated online depicting a woman harassing activist Sepideh Rashno for what she perceived as an “improper hijab”. This is common as the public is encouraged under principles of “enjoining good and forbidding evil” to police their peers on such matters.
Rashno was later arrested. She was held incommunicado, her whereabouts unknown, until a televised confession aired where signs of physical torture were evident. Prior to the airing of her confession, HRANA reported her transfer due to possible internal bleeding–believed to be a result of physical torture. She continues to be held without access to legal counsel.
Of those complicit in the surge in crackdowns against women there are many. However, when it comes to the later point on violations connected to coerced forced confessions, Ameneh Sadat Zabihpour-Ahmadi stands out amongst the crowd. A high ranking individual within the IRIB, she is notorious for producing forced confessions; her voice and name as producer can be seen in Rashno’s confession which aired on 31/July/2022. The IRIB is well-known for broadcasting forced confessions and show trials, this fact has been noted by numerous governments around the globe, the United Nations, and a number of human rights organizations. IRIB is a State controlled media organization; the head of the IRIB appointed by the Supreme Leader. Previous heads have been designated under Global Human Rights Sanctions regimes for this very behavior. The current head of the IRIB, Peyman Jebeli is complicit in the violations surrounding the televised forced confession of Rashno and others and as such should be held to account.
The right notto wear the hijab is a right protected in Articles 19 and 26 of the ICCPR to which Iran is a State party. Iran, and its law enforcement leaders, are bound by the ICCPR and as such should be held accountable. In addition related acts of coerced, televised forced confessions are violations of freedom from torture and the right to fair trial and due process. These acts should be thoroughly and separately investigated.
Hamid Noury (Abbasi), 61, was a judicial official in the early years of the inception of Islamic Republic of Iran. He was directly linked to Mass executions of 1988 in Gohardasht prison, and sentenced to life in a historic trial by a Swedish court.
The Trial is of historic significance, as it is the first time an Islamic Republic’s official is held accountable internationally for atrocities committed locally and the violation of international law.
Hamid Noury worked as Assistant to the deputy prosecutor in Evin Prisons in Tehran and Gohardasht (Rajai Shahr) Prison in Karaj From 1982 to 1991. At the time of the mass executions of the summer of 1988, in which thousands of political prisoners and prisoners of conscience were executed by the judiciary of the Islamic Republic, he was one of the effective members of the execution committee in Gohardasht prison during this massacre.
Historic Significance of the Trial for Universal Jurisdiction
Today on Thursday July 14, 2022, in a historic sentence, the final verdict was issued by Judge Tomas Zander in the Swedish court, and Hamid Noury was sentenced to life in prison for “Mass execution and Torture of political prisoners.”
Hamid Noury was arrested on November 9, 2019 during a trip to Sweden at Stockholm Airport on charges of “premeditated murder, crime against international law and war crimes” for direct role in a serious and widespread human rights violation.
Hamid Noury’s trial began in 2021, and over many sessions witnesses have testified to his role in giving death sentences and walking prisoners to their execution sites.
Hamid Noury’s Trial is remarkable for many reasons. Most importantly, It is the first time an Iranian official is sentenced in a foreign court for violations of International Law.
Secondly, the crimes took place about 34 years ago and there has been no site access for investigations and NGO’s Private investigations were submitted for the trial, also the trial largely depended on heart wrenching testimonies of witnesses.
Thirdly, this was an international effort for justice, as witnesses and activists from across the world set foot forward to testify against Noury’s crimes, in multiple trials that took place over a year. In this rare international effort for justice, the court briefly relocated to Albania to accommodate witnesses that could not be present in sweden.
This Trial is of historic significance not just for Iranians but for everyone seeking international justice, as it brings hope to possible prosecution of other perpetrators that have committed atrocious crimes years ago and who enjoy impunity locally.
A member of IRGC involved in attempted arbitrary arrest of teacher union activist
A Spreading Justice investigation has identified Ehsan Gholampour as a member of the Kohgiluyeh and Boyer-Ahmad Islamic Revolutionary Guards (IRGC) unit involved in the April 25 failed arrest of teachers union activists, Ali Hassan Bahamin.
On April 25, 2022, a number of security agents affiliated with the IRGC of Kohgiluye and Boyer-Ahmad province attempted to forcibly arrest Ali-Hassan Bahamin upon departure from his place of work. Efforts to detain Bahamin without warrant were met with heavy resistance due to the actions of Bahamin and others present at the scene. Video of the situation began circulating online shortly following the IRGC’s attempted arrest. This video evidence allowed the Spreading Justice team to analyze those present at the scene and work in close coordination with volunteers to confirm Ehsan Gholampour’s presence.
A number of trusted sources assisted the Spreading Justice team in the primary identification and fact-checking process of those present at the scene.
The video evidence demonstrates the severity of the violence used by the agents, including Ehsan Gholampour. Notably, as a result of the violence, Bahamin’s hand was severely damaged. The attempt to arbitrarily detain Bahamin is a blatant violation of the right to liberty and security of person as guaranteed by Article 9 of the ICCPR to which Iran is a State party. Attempts to suppress the freedom of association and assembly through arbitrary detention must be widely condemned.
According to the statements collected by the Spreading Justice, Ehsan Gholampour was also an agent directly involved in the suppression of protesters in November 2019 in Kohgiluyeh and Boyer-Ahmad provinces.
Spreading Justice spoke to individual victims of human rights abuses at the hands of the Revolutionary Guards in the region. One of the sources told Spreading Justice: “Ehsan Gholampour, along with 50 plainclothes forces, […] played a large role in suppressing the population in the town of Likak in the Bahmai district of Kohgiluyeh and Boyer-Ahmad Provinces”.
According to the Human Rights Activists News Agency (HRANA), the November protests took place in 719 locations across the country, including Kohgiluyeh and Boyer-Ahmad Provinces. Seyyed Hossein Naghavi Hosseini, the then spokesman of the National Security and Foreign Policy Commission of the parliament, announced that the number of detainees for the November 2019 protests was about 7,000. According to reports by numerous Human Rights organizations, hundreds of people also died in the bloody protests.
According to sources, Ehsan Gholampour is also a manager of the “Sobh Zagros” website known to be affiliated with the Kohgiluyeh and Boyer-Ahmad Corps. He is also part of the intelligence unit of the Fath Corps in this province.
Spreading Justice, alongside the release of this statement, has added Ehsan Gholampour’s identity to the online database of human rights violators. Gholampour now sits among more than 500 others independently verified by the Spreading Justice team. SJ asks citizens, private sources, and others to visit the database for the images and videos of this incident in order to identify the others involved in this violation and others.
* The identity of the informants involved in the identification of this human right violator has been kept confidential with respect for their security.
States have an obligation to respect, protect, and fulfill human rights as guaranteed by the mechanisms under which they agree to be held accountable. Core human rights instruments like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) contain the bulk of basic human rights law while a variety of thematic instruments focus on specific issues ranging from torture, the rights of the child, refugees, and more. Each of these instruments is monitored by a specific body under which the State is required to report on an annual basis. Violations of these instruments, which includes the failure to ensure that the rights guaranteed within are upheld, constitute a State’s violation of human rights law. Unfortunately, in the case of Iran, these violations are seemingly endless. The State regularly fails to comply with reporting requirements, and blatantly disregards obligations to protect human rights using a variety of inadequate justifications.
HRA collaborated closely with partners at Impact Iran to highlight this issue more broadly in the Iran Rights Index. The index demonstrates the hundreds of recommendations Iran has received urging compliance with international human rights mechanisms. With HRA and partner documentation it is clear, as one moves through the index, the State, while often stating otherwise, consistently fails to meet the standards set forth.
There has been comprehensive work done on the need for State accountability in the context of Iran. While continued work on the subject is necessary, this article aims to focus on the individual and the need for more than blanketed calls for accountability as a means to end the cycle of impunity. The following is a non-exhaustive look at mechanisms for just that.
Highlighting the gravity of the situation of impunity, in his latest report to the Human Rights Council, United Nations Special Rapporteur on Iran, Javaid Rehman, stated
“The system of governance and the corresponding absence of a system of accountability has created a culture of impunity that perpetuates the cycles of violence since violations of human rights have no consequences for the State or for individual perpetrators. There appears to be a State policy of intimidating, prosecuting, or silencing those who call for accountability, justice, and truth, whether they are victims themselves, relatives, human rights defenders, lawyers, or organizations.”
The need for a discussion around individual accountability mechanisms is vital to the discussion of the situation of human rights in Iran. HRA’s Spreading Justice database, by way of illustration, lists over 440 individual violators independently verified by HRA experts to have been involved in serious violations of human rights; a list that grows daily. The individuals range from high-ranking government and intelligence officials to prison guards and interrogators. It is clear that these individuals will not be held accountable for their crimes within Iran’s domestic judicial framework (as it stands today), and as such, it is necessary to look outward, and explore international accountability mechanisms available when domestic remedies are either exhausted or have otherwise failed. It is of note that the following paths are not unique to the situation in Iran.
Sanctions
Developed as a means to hold perpetrators accountable for serious human rights abuses, individual sanctions designations are particularly powerful tools in the context of authoritarian regimes where accountability in a domestic judicial framework is unlikely at best.
Several jurisdictions across the globe employ a variety of targeted human rights sanctions regimes. No regime is identical in legal character, language, consequence, or otherwise. Nonetheless, they share common characteristics and the goal of holding individual human rights violators, and in some cases, entities, to account.
While there are country-specific human rights lists, such as the United States’ “IRAN-HR” (instituted under the United States Executive Order 13553), there is growing momentum for Global Magnitsky Human Rights Legislation (or GloMag as it is often referred to). Currently adopted and employed by a number of States and interstate institutions, GloMag sanctions designate foreign offenders accused of corruption and/or human rights abuses and typically result in asset freezing and/or travel bans. The use of these targeted tools is a welcome shift from the consequential collective punishment that their broad-sectoral, and often conflated counterpart imposes on innocent, often revictimized civilians.
The United States signed its version of Magnitsky legislation into law in 2012. The original law was amended in 2016 to capture what it does today in the Global Magnitsky Human Rights Accountability Act. The amended law allows for the designation of foreign officials implicated in human rights abuses anywhere in the world. Canada followed in 2017, passing the Justice for Victims of Corrupt Foreign Officials Act, The European Union in June 2020, the United Kingdom in July 2020, and Australia in 2021. A number of other states have enacted the legislation and/or have pending legislation tabled.
HRA Senior Advocacy Coordinator, Skylar Thompson says, “It’s an important moment in history as the consecutive passing of such legislation around the globe signifies a strong and united goal of holding individual perpetrators of serious human rights abuses accountable and codifying the ability to do so into law. Passing laws however is not enough. There must be a broadened, coordinated use of the available tools in order to conceive their full effectiveness.”
The international community would benefit immensely from greater coordination and information sharing on individual designations. A precursor for much of the work on designations is the designator States’ coordination with civil society. According to Human Rights First, in the first year of the United States’ GloMag program more than one-third of the 240 first-year designations had a basis in civil society recommendations. “Coordinated efforts among States with shared interests would lessen the burden on a civil society whose documentation is essential and resources stretched thin,” says Thompson.
Universal Jurisdiction
The previous year was monumental for the growing importance of Universal Jurisdiction. A recent report published by Trial International cited the 2021 conviction of 15 individuals responsible for international crimes under the principle of Universal Jurisdiction, with 17 accused remaining on trial, including one Iranian in Sweden, Hamid Noury. Noury is accused of participating in the mass murder and torture of political prisoners in Karaj prison in 1988.
The Universal Jurisdiction case against an Iranian official in Sweden is not only monumental for the principle, it’s monumental for Iranian justice and accountability efforts. For Iranians, witnessing an individual tried in a foreign court for the mass murder and torture of political prisoners in Iran is the first form of accountability of its kind. Never before has anyone been criminally charged or held accountable for these crimes. On the contrary, many involved have seemingly continued to move up the ranks.
A case of this kind sets a precedent and lays the groundwork for others to follow suit. It also sends a strong message to those inside of the country that impunity at home, no matter how long it is enjoyed, does not mean impunity abroad. More details on Noury are available here.
The principle of Universal Jurisdiction dates back to the 1949 Geneva Conventions and applies to crimes including crimes against humanity, war crimes, or genocide as defined under international law. The principle sets forth that some crimes are so grave that they merit prosecution in the territory of another State, the crime taking place requiring no direct relation to the prosecuting State. Much like the various sanctions regimes, each State that applies Universal Jurisdiction applies it differently, they have varying degrees of application, statutes of limitations, legal frameworks, etc. Nonetheless, also much like the sanctions regimes, they share a common goal of holding individuals accountable for serious violations of human rights.
Universal Jurisdiction can be seen as one of the foremost powerful tools in the realm of international justice. The case of Hamid Noury may be the first, but it will surely not be the last.
International Courts and Special Tribunals
International Criminal Court (ICC)
While it is a theoretically available path, Iran is not a State Party to the Rome Statute, and as such, the ICC does not have jurisdiction over its crimes unless such crimes are committed in the territory of a signatory State (there is a myriad of other pathways available to create jurisdiction that is outside the scope of this article). It’s worth noting due to the vast amount of evidence of crimes committed in Europe, for example, this is not out of the realm of possibility.
However, if Iran’s failure to cooperate with international human rights mechanisms in the past is any indication, it is safe to say that any communication from the ICC would be met with great indignation. And while the United Nations Security Council (UNSC) could discuss the human rights situation and submit a referral to the Office of the Prosecutor, it would more than likely receive a veto. A discussion of referring the situation to the ICC however could bring more attention to the issue and lead to opportunities elsewhere.
There is some confusion over this issue, as Iran often cites themselves as a ‘signatory of the Rome Statute’ which although not false, is misleading, as the State has never ratified the text.
This is not a unique posture to the Rome Statute and aligns quite well with similar State language around attested compliance with international human rights mechanisms–despite the tremendous amount of evidence to the contrary.
Domestic Litigation –The United States and Elsewhere
While much narrower in scope, there are an array of domestic litigation tools across the globe available to prosecute perpetrators of specific human rights abuses like, for example, the recruitment of child soldiers or torture. By way of illustration, the United States’ Child Soldiers Recruitment Accountability Act of 2008 permits the United States jurisdiction over an alleged offender of child soldier recruitment found within the territory of the United States, irrespective of the nationality of the alleged offender. This is particularly relevant in the case of Iran. There is substantial evidence of the Islamic Revolutionary Guard Corps (IRGC) recruiting child soldiers for direct participation in hostilities in Syria. A 2017 Human Rights Watch report documented Afghan children, as young as 14, recruited for combat in the Iran-backed Fatemiyoun division. HRA has also collected evidence of IRGC-recruited child soldiers killed in combat. Recruitment of child soldiers is not only punishable under the United States’ Child Soldiers Recruitment Accountability Act, it is a war crime under international law (which presents its own array of accountability mechanisms). There should be strengthened coordination between Iranian and Syrian human rights groups documenting the use of child soldiers in Syria. Such coordination would surely provide strengthened evidence and in turn, would produce heightened support for accountability efforts.
In keeping with the example of the United States, the Torture Victim Protection Act also offers a strong set of language that enables citizens and noncitizens to file suits against perpetrators of foreign States who, acting in an official capacity, tortured and/or committed extrajudicial killings outside of the United States. Another strong US legal tool is the Alien Tort Statute (ATS). The ATS is a federal law that gives U.S. courts jurisdiction to hear lawsuits filed by noncitizens on violations (like the TVPA the violations must have been committed in an official capacity) of torture, extrajudicial killing, forced disappearance, crimes against humanity, cruel, inhuman or degrading treatment, prolonged arbitrary detention, genocide, war crimes, slavery, and state-sponsored sexual violence and rape.
It is of note that these are a mere few examples of several that could merit domestic litigation in the United States. Jurisdictions across the world have a wide range of similar legislation.
Why does such an extensive accountability gap remain?
In seeking an answer to this question, it seems necessary to recall the remarks of the Special Rapporteur.
“There appears to be a State policy of intimidating, prosecuting, or silencing those who call for accountability, justice, and truth…”
With such a strong machine of State-sponsored repression against those seeking accountability, one can understand how a cycle of impunity continues. Human rights activists and lawyers are tortured, detained, and even executed, and well-founded fear of reprisal is high. The international community must be committed to holding individual violators accountable. The tools are there and the documentation is plentiful. The establishment of the above listed and numerous other existing tools sends a strong united message. The message however has not been fully received. The tools must be used. Their implementation must be broadened. States and interstate institutions must work with civil society to discuss strategic and creative pathways to end the egregious abuse dealt by individuals enjoying impunity inside of Iran. The international community must move beyond blanketed calls for accountability and look to specific and practical steps forward.
**This article in no way seeks to be exhaustive. Rather, it aims to shed light on potential paths forward and spark conversation. HRA welcomes, engages in, and recognizes the need for creative and strategic discussions in light of the ongoing cycle of impunity in Iran.
For more on HRA’s international accountability efforts contact Senior Advocacy Coordinator, Skylar Thompson at [email protected]
In many countries, International Women’s Day, celebrated on March 8, is designated to commemorate women’s historical struggle for rights, honor their sacrifices and celebrate their cultural and political achievements. The Islamic Republic of Iran, however, not only refuses to follow this path. The regime never agreed to the Convention on the Elimination of All Forms of Discrimination Against Women, and its law blatantly violates the most fundamental rights of women, including the right of women to make decisions relating to their bodies and clothing choices, as well as equal opportunities in both social and economic realms.
According to HRANA, the news agency of Human Rights Activists, in the absence of any protective laws and punishments against “honor killings”, both domestic and non-domestic violence against women is widespread. Women’s rights defenders and gender equality advocates are frequently subjected to pressure and arbitrary detention by regime security forces, leading to prosecution, unfair trials and convictions by judicial authorities. Currently, many women’s rights activists await verdicts, and others are serving sentences in prison– often in the same ward as prisoners of violent crimes, jeopardizing their safety.
According to HRANA’s Annual Analytical and Statistical Report on Human Rights in Iran, based on 90 registered reports by the Department of Statistics, at least 43 women reported physical and sexual abuse in the last year. In addition, there were 24 reported cases of honor killings, eight self-immolations, three acid attacks, and four cases where women’s rights activists were summoned to judicial and security organizations. There were 20,187 reported cases of domestic abuse against women and 13 murders. This report also details that seven women were detained for reasons related to women’s rights and at least four women’s rights activists were sentenced to a total of 282 months in prison.
It is worth mentioning that this data is merely collected from media reports. The real figures are likely much higher and more daunting, as many domestic violence cases are never reported to legal authorities.
Women’s Rights Violations
Honor Killings: An honor killing is the murder of an individual, often a girl or woman, by a family member or relative in an attempt to restore the honor of the family. The victim’s act, such as refusing forced marriage, being the victim of a rape, getting a divorce, or adultery, is deemed traditionally or religiously shameful or dishonorable by the family or community.
In Iran’s law system, the punishment for murder is usually decided by the “blood avenger”, most often the father, as he is the first degree male relative. Consequently, the perpetrator in an honor killing is either identical to or related to the blood avenger. Thanks to this legal flaw, many honor killers get away without heavy punishment.
For example, Romina Ashrafi, age 13, was beheaded by her father in an honor killing. His father was sentenced to nine years in prison, which is considered a light sentence compared to the death penalty, normally a routine punishment for homicide in Iran.
Violence Against Girls and Women- Iran is one of the four countries in the world that has not recognized the Convention on the Elimination of All Forms of Discrimination against Women. Through the efforts of a number of women’s rights activists, a bill known as the Protection, Dignity, and Security of Women Against Violence was approved by the government on January 3, 2021. However, when the bill was drafted in Hassan Rouhani’s first cabinet, 40 of the 90 articles of the bill were removed. Former Vice President for Women and Family Affairs, Masoumeh Ebtekar, announced that the bill was not presented Parliament for approval five months after the approval of the cabinet. Recently, Shiva Ghasemipour of the Women’s Faction in Parliament announced that the bill was handed over to the Judiciary for further review.
Bodily Autonomy- In February of 2022, the Medical Equipment Department imposed a regulation whereby pharmacies all over the country were prohibited to provide contraceptives pills without a prescription. The regulation addresses department deputies at medical universities, prohibiting them from distributing free or subsidized birth control or contraceptive implantation. It also prohibits the promotion of contraceptive pills and treatments. In an effort to implement the Rejuvenation of The Population And Support of Family bill such regulations aim to make birth control and abortion harder for women to access. These restrictions on providing contraceptive pills, contraceptive-related services and strict rules against abortion blatantly violate the inalienable rights of women to make decisions relating to their bodies and increase the risk of sexually transmitted diseases and vaginal cancer.
Forced Veiling- Among other restrictions, forcing women to wear a veil is one of the most flagrant violations of women’s rights. As UN Human Rights Council asserts, any coercion pertaining to women’s clothes signifies the blatant violation of the International Covenant on Civil and Political Rights by the government. Nonetheless, Iran’s regime, both in law and practice, not only forces women to wear a veil but also prosecutes and suppress women who oppose the compulsory veil. While Iran’s law cites punishments ranging from a fine of 50,000 tomans to two months imprisonment, citizens are in practice faced with more serious and groundless accusations such as “spreading corruption on earth” which can be punishable up to 10 years in prison. All these penalties stand in violation of Article 9 of the International Covenant on Civil and Political Rights.
Right to Education- According to the Society for Protecting the Rights of the Child’s CEO, in Iran, about one million children in poor areas are deprived of school. From them, 49,000 children are barred from education due to either lacking birth certificates or being forced to work. These numbers vary wildly each year. For example, during the COVID-19 pandemic, the number of children out of school tripled.
Besides poverty, lack of birth certificates and child labour, some girls are barred from school by families who are adhere to traditional norms and prejudices. In 2021, 4142 girls left school because of child marriage or family disallowance.
Cultural Rights- Iran’s regime prohibits women from dancing and singing in the public, which violates Article 15 of the International Covenant on Economic, Social and Cultural Rights, which asserts the right of everyone to take part in cultural activities. Despite women being legally allowed to be in sports stadiums, they face many obstructions by authorities in practice.
Marriage and Family Rights- In violation of the International Covenant on Economic, Social and Cultural Rights, which asserts the abolition of any gender discrimination in the law system, Iranian women are legally subjected to discrimination in many aspects of their family life, such as divorce and child custody. Married women require their husband’s permission to receive passports and leave the country.. Additionally, they do not have the right to choose where they live. The law allows the man to bar his wife from working outside the home if he considers the work in conflict with “family values”. In addition, as a duty of marriage, women are obliged to satisfy their husband’s sexual desires, arguably denying the right to consent during marital intercourse.
The UN Human Rights Council has stated that these discriminative laws violate Article 23.4 of the International Covenant on Economic, Social and Cultural Rights.
Women’s Rights Activists
Convicted (But Not Imprisoned) Women’s Rights Activists
Tahmineh Mofidi
On January 2, 2021, women’s rights activist Tahmineh Mofidi was arrested by IRGCS intelligence agents at her house and transferred to Ward 2-A of Evin Prison On February 2, 2021, she was released on bail of 1.5 billion tomans until the end of legal proceedings. Thereafter, Branch 26 of the Revolutionary Court of Tehran sentenced her to three years and seven months in prison and a fine of 15 million tomans on charges of “acting against national security through assembly and collusion” and “promotion of sexual perversion on social media”. Based on her refusal to appeal, as well as Article 34 of the Islamic Penal Code where only the severest punishment from multiple counts is enforceable, the verdict was reduced to a fine of 37 million tomans.
During the trial, actions such as writing the stories of women who have been the victim of sexual assault, advocating for a symbolic protest against the compulsory veil known as “Girls of Enghelab Street”, and coaching without a veil were invoked to support these charges. Initially, she was also accused of “promoting impurity and indecency ” which later was changed to “promotion of sexual perversion on social media”.
Imprisoned Women’s Rights Activists
Yasaman Aryani and Monireh Arabshahi
Yasaman Aryani and her mother Monireh Arabshahi, both civil activists and outspoken opponents of the forced veil, are currently serving sentences in Kachooie Prison in Karaj City. On April 10, 2019, one day after the arrest of her mother, Aryani was arrested and transferred to Qarchak Prison in Varamin City. They both were relocated to Evin Prison on August 13, 2019, and transferred again on October 21, 2021 to Kachooie Prison in Karaj.
On August 7, 2021, each was sentenced to 16 years in prison on the charge of “propaganda against the regime” and “provoking impurity and indecency”. These verdicts were reduced for each to nine years and seven months in prison. Per 134 of the Islamic Penal Code, the severest punishment of five years and six months is enforceable. Arabshahi is still imprisoned and denied adequate medical treatment, despite being certified intolerant of punishment, and both an endocrinologist and neurologist asserting her need for lumbar disc and thyroid surgery.
On February 23, Aryani, who is co-housed with prisoners of violent crimes, was beaten by some fellow prisoners.
Saba Kord Afshari and Raheleh Ahmadi
Civil activists Saba Kord Afshari and her mother Raheleh Ahmadi were arrested on June 1 and July 10 2019, respectively. On August 27, 2019, Afshari was sentenced to 15 years imprisonment on the charge of “promoting corruption and obscenity by appearing without a headscarf in public”, one year and six months on the charge of “propaganda against the regime” and seven years and six months on the charge of “assembly and collusion to act against national security”, totaling 24 years imprisonment.
This verdict was increased two and half times more due to a previous record, before finally being corrected in March of last year and reduced from 15 years to 7 years and 6 months. Per Article 134 of the Islamic Penal Code, the severest punishment of seven years and six months is enforceable.
On January 26, 2021, she was violently relocated from Ward 8 to Ward 6 of Qarchak Prison. Currently, she is held in the same ward as prisoners of violent crimes, which violates Iran prison rules.
On December 10, 2019, Ahmadi was sentenced to three years and six months in prison on charges of “assembly and collusion against national security through collaboration with anti-regime media” and eight months on the charge of “propaganda against the regime”. Ahmadi was granted medical furlough after contracting COVID-19 on February 16. Afshari was also granted short term furlough one day after she was beaten by a prisoner of violent crime on February 20, and was therefore able to meet her mother on furlough.
Aliye Motallebzadeh
On November 26, 2016, Aliye Motallebzadeh, photographer and women’s rights defender, was arrested during her appearance at the Ministry of Intelligence office after phone summons. She was detained in Ward 209 at the Ministry of Intelligence’s disposal until December 19 2016, when she was released on bail of 300 million tomans until the end of legal proceedings.
The Revolutionary Court of Tehran sentenced her to three years imprisonment for the charges of “assembly and collusion against national security” and “propaganda against the regime.” This verdict was upheld by Branch 36 of the Court of Appeals.
On October 11, 2020, Motallebzadeh was sent to Evin Prison to serve her sentence after appearing at Evin Courthouse. On January 10, she was transferred to Qarchak Prison in Varamin City to serve the rest of her sentence in exile. On February 23, she was granted medical furlough after contracting COVID-19.
Women’s Rights Activists Who Are Awaiting Imprisonment
Nahid Shaghaghi, Akram Nasirian, Maryam Mohammadi and Asrin Darkaleh
All four activists were arrested by security forces; Akram Nasirian on April 29, 2019, Nahid Shaghaghi on May 15, 2019, Maryam Mohammadi on July 8, 2019 and Asrin Darkaleh on July 28, 2019. They all were released on bail from May to August. Branch 24 of the Revolutionary Court of Tehran, headed by Judge Iman Afshari, sentenced the activists to a total of 16 years and 8 months imprisonment. Per Article 134 of the Islamic Penal Code, the severest punishment of three years sentence on one count was enforceable for each. This was later reduced on appeal to two years and three months each. Recently, they were summoned by the Executive Unit of Evin Courthouse to serve their sentences.
Raha (Raheleh) Askarizadeh
On November 28, 2019, journalist, photographer and women’s rights activist Raha (Raheleh) Askarizadeh was arrested at Imam Khomeini International Airport while leaving the country. On December 31 of that year, she was released on bail until the end of legal proceedings. Initially, the Revolutionary Court of Tehran sentenced her to two years imprisonment, a two year ban from leaving the country and a two year prohibition from political activities in media, political groups and social media. The verdict was upheld on appeal. In April of 2021, she was summoned by the Executive Unit of Evin Courthouse to serve her sentence.
Najmeh Vahedi and Hoda Amidi
On September 1, 2018, women’s rights activists, Najmeh Vahedi and Hoda Amidi were arrested by IRGC intelligence agents and then released on bail in November of that year. For the charge of “collaboration with the hostile country (U.S.) against the regime regarding women and family issues”, the Revolutionary Court of Tehran sentenced Hoda Amidi to eight years imprisonment, two years prohibiti
on of membership in political groups and parties, prohibition of political activities in media and on the internet, two years ban from leaving the country, two years prohibition of the exercise of the profession as a lawyer. For the same charge, Najmeh Vahedi was sentenced to seven years imprisonment, two years prohibition of membership in political groups and parties, prohibition of political activities in media and on the internet, two years ban from leaving the country.
These verdicts were upheld on appeal. Running the educational workshops for women on setting out preconditions in marriage such as having the right to divorce (in order to restore the denied rights on divorce for women), was invoked during the trial as examples of the above-mentioned charges.
Atsa Ahmadai Rafsanjani
On January 20, 2019, the Baha’i resident of Tehran was arrested by security forces at her house and transferred to a solitary confinement cell in Ward 241 of Evin Prison at the disposal of the Judiciary’s counterintelligence. On March 6, 2019, she was released on bail of 200 million tomans until the end of legal proceedings. In May 2021, Branch 26 of the Revolutionary Court of Tehran sentenced her to four years imprisonment on the charge of “formation of a group to act against national security through registering an NGO on women empowerment”, three years in prison on the charge of “assembly and collusion to act against national security”, and one year in prison on the charge of “propaganda against the regime”.
She was condemned for the first charge despite the Ministry of Interior had already rejecting her request to form an NGO due to being Baha’i. If the verdict is upheld on appeal, four years imprisonment for the first count is enforceable per Article 134 of the Islamic Penal Code.
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For further inquiries please contact Skylar Thompson, Senior Advocacy Coordinator Human Rights Activists in Iran (HRA) at [email protected]
HRA alongside seven Human Rights organizations has published an open letter to the Canadian government regarding the travel of former IRGC commander and human rights violator, Morteza Talaie.
Open Letter: Canada must not be a safe haven for former IRGC commanders
We, the undersigned human rights organizations, share serious concerns regarding known rights violator, Morteza Talaie’s recent travel to Canada. We urge the Canadian government to take immediate action to uphold its stated commitment to human rights and ensure that impunity at home, does not mean impunity abroad. Allowing Morteza Talaei to freely enter Canada sends a dangerous message; a message that is an affront to Iranians who have themselves sought refuge in Canada.
Since cutting diplomatic ties with Iran in 2013, many Iranians continue to face challenges in obtaining visas to Canada, which is seemingly not the case for the former IRGC commander. When asked how Talaei’s presence in Canada made them feel, one Iranian said, “I feel betrayed by the Canadian government for allowing those that suppressed us in Iran to easily enter the country I now call home.”
In 2017, Canada passed the Justice for Victims of Corrupt Foreign Officials Act, (Global Magnitsky legislation) designed to designate foreign officials complicit in, among other things, gross violations of human rights. The act is in place, in part, to protect refugees from foreign nationals deemed to be a threat to safety and security. We call on the Canadian government to investigate Morteza Talaei, in particular for, “gross violations of internationally-recognized human rights against individuals in any foreign state who seek to obtain, exercise, defend or promote internationally-recognized human rights and freedoms…”
Human rights organizations have documented seemingly endless violations stemming from Talaei’s relentless intolerance and brutality. As a former Tehran police chief, Talaei commanded a force notorious for mass arrests, beatings, and torture. Talaei himself is known to have orchestrated widespread suppression of peaceful protesters including student protesters. He was police chief at the time, Iranian Canadian citizen, Zahra Kazemi, was tortured, ultimately culminating in her death. The investigation of her death was said to be handled by Tehran’s police. Talaei is also the founder of what some call Tehran’s “hijab police,” a force committed to combating what he called ‘manifestations of indecency’ referring to women he deemed indecently covered. In addition, as a former Islamic Revolutionary Guard Corps (IRGC) commander, an entity widely sanctioned for serious human rights abuses, his brutality runs deep.
The Prime Minister has declared Canada to be a safe haven to “those fleeing persecution, terror, and war” a place where “all are welcome.” A safe haven for those persecuted must not allow individuals like Morteza Talaei to enter freely. Human rights violators must not be included in the Prime Minister’s “everyone is welcome” campaign.
UNDERSIGNED ORGANIZATIONS
The Abdorrahman Boroumand Center for Human Rights in Iran
Association for The Human Rights of The Azerbaijani People In Iran (AHRAZ)
Human Rights Activists in Iran (HRA)
Impact Iran
Iran Human Rights
Kurdistan Human Rights Association-Geneva (KMMK-G)
This leaflet contains the Annual Analytical and Statistical Report on Human Rights in Iran for the year 2021. The report, prepared by the Department of Statistics and Publications of Human Rights Activists in Iran (HRA), is the result of daily effort on the part of the organization and its members, and as part of a daily statistic and census project that started in 2009 by this organization. This annual report on human rights violations in Iran collects, analyzes, and documents 5683 reports concerning human rights, gathered from various news sources during 2021 [January 1st to December 20th]. 38% of reports analyzed came from sources gathered and reported by Human Rights Activists News Agency (HRANA), while 38% came from official Iranian government sources or sources close to the government. 24% of reports came from other human rights news agencies.
This is the brief version and the full report is available for download in PDF format. Click on the image
The following 53-pages include statistical overviews and related charts regarding women’s rights, children’s rights, prisoners’ rights, etc. Despite the 1.5% increase in reports of human rights violations in provinces other than Tehran from last year’s Annual Report, data from this year indicates that smaller cities lack adequate reporting and monitoring of human rights. This report is the result the work of courageous human rights activists in Iran who pay a very high cost for as they strive to enact their humanitarian beliefs. However, for obvious reasons (i.e. existing governmental limitations, bans on the free exchange of information and government interference with the existence of human rights organizations in the country), this report by no means is free of errors and cannot solely reflect the actual status of human rights in Iran. Having said that, it should be emphasized that this report is considered one of the most accurate, comprehensive, and authentic reports on human rights conditions in Iran. It serves as a very informative resource for human rights activists and organizations working on Iran who seek to better understand the challenges and opportunities that they may face.
MONITORING
The following map illustrates the number of reports per province made by human rights organizations and news agencies. This is a direct reflection of each province’s current capacity for civil rights (2021).
The highest number of reports were published in December, while the lowest number of reports published occurred in April.
38% of reports analyzed came from sources gathered and reported by Human Rights Activists News Agency (HRANA), while 38% came from official Iranian government sources or sources close to the government. 24% of reports came from other human rights news agencies.
In 2021, at least 2,300 protest rallies were held across 42 provinces. Of these, 1,261 were union rallies, 618 were workers’ rallies, 301 were rallies related to economic hardship, 77 were rallies against the suppression of freedom of expression, and 43 were student rallies. In addition to the rallies, there were also 339 labor strikes and 192 union strikes.
As indicated in the distribution map, there exists a major discrepancy between the capital Tehran, and other parts of the country in terms of the number of published reports. This is while the census of 2016 reported a population of 13,267,637 in Tehran, compared to a population of 66,658,633 in the rest of the country.
ETHNIC MINORITIES
In the field of violations of rights for national and ethnic minorities, a total of 390 reports registered by the Department of Statistics and Publication of Human Rights Activists in Iran (HRA) in 2021. According to these reports, at least 445 people were arrested. It should be noted that the charges against 409 of these detainees remain unknown.
A total of 61 people were sentenced to 1348 months in prison, which breaks down to 1171 months of imprisonment and 177 months of suspended imprisonment. A total of 103 individuals were summoned by the security and judicial institutions.
Compared to the previous year there has been a 55% increase in the arrest of ethnic minorities and a 21% decrease in prison sentences.
As the following bar graph illustrates, the highest number of violations occurred in the month of January while the lowest occurred in the month of December
RELIGIOUS MINORITIES
In this category, 144 reports have been registered by the Department of Statistics in 2021. These reports include 57 arrests, 11 cases where religious minorities were prevented from economic activities, 39 summons by judicial and security institutions, 24 cases of deprivation from education, and 60 cases of police home raids. Judicial authorities have registered 2 cases of desecration, 4 cases of imprisonment, 5 issuances of travel bans (which violate of freedom of movement,) and 6 cases of individuals brought to trial on the basis of religious belief. 81 members religious minorities were sentenced by judicial institutions to a total of 4174 months of imprisonment. In addition, 4 people were fined one hundred and eighty million tomans (42840 USD), 1 person was sentenced to 74 lashes, and 10 people were deprived of social rights. The number of citizens arrested in the category of religious minorities has decreased by 25% in 2021 compared to 2020, and the prison sentences issued by the judiciary have decreased by 17%
The highest number of violations have been reported in April, while the lowest occurred in December.
71.77% of human rights reports regarding violations against religious minorities related to violations against Baha’is, 14.29% to Christians, 7.48% to Sunnis 2.04% to Yarsans 1.02% to Dervishes, 0.34% to Jews , and 3.06% to “Others”. Note that reports labeled as “Other” are those that did not belong to a specific group of religious minorities.
FREEDOM OF EXPRESSION
674 reports of violations against freedom of thought and expression have been registered by the Department of Statistics this year. These violations included 1043 individual arrests, 256 summons to judiciary and security authorities, 2 reports of publications banned, and 21 convictions for publications. 111 cases were tried by judicial authorities. 17 cases involved the issuance of travel bans, 64 involved execution of prison sentences, 34 involved house searches, 17 involved internet disruption, 2 involved telecommunication disruptions, 39 involved beatings, 44 involved harassment in the form of threats and intimidation, 77 involved assembly, and 26 involved preventing assembly. In 2021, 215 arrestees were sentenced to a total of 10140 months of imprisonment. This breaks down to 9541 months in prison and 599 months of suspended prison terms. Additionally, 24 people were fined a total of 603,575,000 tomans (143,650.85 USD), 16 people were sentenced to a total 998 lashes, and there were 22 cases of deprivation from civil rights.
Compared to 2020, reports regarding violations of freedom of expression have increased by 12%, sentences issued by the judiciary have decreased by 48% based on the number of people tried, and prison sentences decreased by 54%. Below are charts highlighting violations of the right to freedom of expression.
TRADE UNIONS AND ASSOCIATIONS
1173 reports were registered by the Department of Statistics and Publications related to the rights of trade unions and other associations. 26 members of trade unions were arrested, and 2 individuals were sentenced to a total of 67 months in prison. There were 8 summons to judicial and security institutions, and 23 cases where facilities were closed. Also reported were instances were 3 people were fined a total 23,500,000 tomans (5593 USD), 3 people received a total of 74 lashes, as well as 2 cases of suicide, 4 cases of houses searched and 5 cases of harassment in the form of beatings. 4 cases were tried by judicial authorities, 405 cases were dismissed, with 147 months of deferral. In 2021, at least 1261 protests and 192 union strikes were held. There were 4 reported instances of suppression of assembly. Most of these protests were related to salary/wage demands from corporations, bad economic conditions, and lack of proper management of corporations. It should be noted that due to the compulsory military service for men in Iran and its classification as a job in the annual budget of the country, this group was also examined. In the past year, at least 4 soldiers committed suicide. Various reasons for this are cited, including conscription itself, the high pressure military environment, forced labor, and denial of human dignity. In reports related to trade unions and associations there has been a 44% decrease in the number of arrests and an 87% decrease in sentences issued compared to the previous year.
ACADEMIA/ RIGHT TO EDUCATION
The Department of Statistics and Publication of Human Rights Activists in Iran registered 56 reports related to violations of academic rights in 2021. 3 students were arrested, and as, as mentioned in the religious rights section of this report, 24 students were prevented from continuing their education because of their religion. In the category of academia and the right to education, there has been a 50% decrease in the number of arrests. Per our reports, 7 students were sentenced to 160 months in prison and 74 lashes. Monthly comparisons of the violation of academic rights based on the number of reports, as the following graph illustrates, reveals the highest number of violations occurred in the month of September while the lowest instance is observed in the month of March.
RIGHT TO LIFE (DEATH PENALTY)
288 reports related to the death penalty were have been registered by the Department of Statistics and Publication of Human Rights Activists Association in Iran in 2021. This included 85 death sentences and 299 executions. Based on the announced identifications of some of the individuals executed, 259 were male and 15 were female. In addition, 4 juvenile offenders were executed in 2021, meaning they were under the age of 18 at the time they committed the crime. According to these reports, 51% of the executions were based on murder charges, while 40% were related to drug-related charges. 4% of individuals executed were charged with “waging war against God” and 3% were charged with rape. For 2% of executions the charges were unknown.
Of those executed in 2021, 5% were female, and 87% were male, while the gender of the other 8% is unknown.
Executions carried out in 2021 compared to 2020 increased by 26%. The number of death sentences issued decreased by 10%.
CULTURAL RIGHTS
23 reports were registered by the Department of Statistics and Publication of Human Rights Activists Association in Iran related to violations of cultural rights in 2021. This included reports of 6 arrests, as well as the report that 2 individuals were sentenced to 84 months of imprisonment. 7 individuals were summoned to judicial and security organizations. 1 license was revoked and 1 person was banned from working. There were also 4 trials by judicial authorities, 1 house search, 4 cases of obstruction and interference with publications, and 1 case of the destruction of a historical site. In this category, arrests have decreased by 77% compared to the previous year. In a monthly comparison, the highest number of violations were reported in May, while the lowest were reported in April, October, and December.
WORKERS’ RIGHTS
The Department of Statistics of Human Rights Activists Association in Iran registered 1474 reports of violations of workers’ rights in 2021. This included 64 arrests. 9 workers activists or workers were sentenced to 276 months in prison, 124 lashes and 23,000,000 tomans (5474 USD) in fines. 42 people were summoned to judicial and security organizations. The Department also registered 7 cases of trials by judicial authorities, 10 cases of suicide, 7 cases of self-immolation, 9 cases of beatings, 3 cases of house searches, 2 cases of curfew imposition, and 2 cases of imprisonment. During 2021, a total of 1247 months of overdue payment of salaries to workers was reported. 2073 workers were laid off or fired, 3332 people reported unemployment, 6404884 lacked work insurance, 5434 workers were waiting for work-related decisions. There were also a reported 68 factory closures. In addition, 616 people have lost their lives in work-related accidents, and 5584 workers have been injured while at work. On a global scale amongst other counties, Iran ranks 102nd in work safety. In a monthly comparison of workers’ rights violations in 2021, the highest number of violations happened May, with the lowest in December.
In 2021, there were at least 618 worker protests, with 9 reported instances of suppression in this regard, and 339 workers strike took place. The majority of these protests were regarding wages. Based on these reports the arrest of workers has increased by 53% compared to 2020.
CHILDREN’S RIGHTS
A total of 186 reports of violations of children’s rights in 2021 were registered by the Department of Statistics. However, it should be mentioned because of secrecy regarding these incidents, leading to underreporting, there is no accurate statistic in this field. Reports included at least 2117 cases of child abuse, 15 cases of rape and sexual abuse of children, 11 murders of children, 1 self-immolation, 54 cases of child suicide, 1 case of honor killing, 2 cases of acid attacks, 29 cases of sale and trafficking of children and 1448 cases of child abuse in economic activity. In addition, there were more than 9000 instances of child marriage. 3 million students are deprived of the right to education. Many students in Iran have been denied access to education due to lack of access to e-learning facilities, as well as child marriages, poverty, cultural issues. As mentioned in the section on the death penalty, at least 4 minors were executed for various offenses during 2021. During the nation-wide protests, 25 children were arrested. In monthly comparison in this category, the highest number of violations were reported in January and the lowest number in August.
WOMEN’S RIGHTS
The Department of Statistics Registered 90 reports of violations of women’s rights in 2021. At least 43 women reported physical and sexual abuse. There were also 24 cases of honor-killings, 8 self-immolations, 3 cases of acid attacks, and 4 cases where women’s rights activists were summoned to judicial and security organizations. In addition, there were 20,187 cases of domestic abuse against women and 13 murders. Based on this report, 7 women have been detained for reasons related to women’s rights. At least 4 women’s rights activists were sentenced to 282 months in prison. As the following bar graph illustrates, based on the number of reports per month, the highest number of reports were in November and the lowest in April and May.
PRISONERS’ RIGHTS
575 reports of violations of prisoner’s rights were registered in 2021. 26 of these reports were of physical assault of prisoners, 232 of deprivation of medical care, 136 of illegal transfer to solitary confinement, 131 of attempted hunger strikes, 77 of forced transportation or exile, 246 of threats against prisoners, 26 of banning prisoners from having visitors, 23 of torture, 20 of deaths by diseases. 5 arrestees were killed by prison authorities and 5 prisoners committed suicide. There were also 68 cases where prisoners lacked lawyers, 495 reports of prisoners being held in unsuitable circumstances, and 1 case of self-immolation.
In this category, there have also been 272 cases of prisoners kept in an unsure state regarding their sentence and 172 cases of keeping prisoner in conditions of indecision. As the following bar graph illustrates, the highest number of reports of violations of prisoner’s rights occurred in June and September and lowest in November.
SECURITY FORCES’ VIOLENCE AND CITIZENS’ SAFETY
Death of civilians
This section is dedicated to the killing or injury of civilians by police or military institutions. In 2021, a total of 242 people were shot by military forces. 94 of the victims lost their life. This includes 23 kolbar, 31 fuel carriers and 40 civilians. 148 people were injured by military fire, including 81 kolbar, 51 civilians, and 16 fuel carriers. Additionally, 28 kolbars were affected by climate and geographic factors such as freezing and falling from heights. 16 of these kolbars were injured and 12 were killed.
Victims of landmines and explosions
The landmines left from the war threaten the lives of civilians living in border cities each year. The Iranian government continues to manufacture and plant anti-personnel mines against international agreements, arguing that the use of these type of landmines is the only effective way to keep its vast borders safe. Based on reports, at least 15 civilians in the past year have lost their lives to landmines in border areas, while 30 other civilians have been injured.
Floggings
The International Covenant on Civil and Political Rights (ICCPR) has explicitly banned the use of inhuman or degrading punishments such as flogging. However, based on the reports gathered in 2021, flogging sentences were carried out for at least 3 accused. These accused were sentenced to a total of 214 floggings.
It should be noted that the judiciary issued a total of 6982 flogging sentences in the past year.
Intervention in personal affairs of civilians
In 2021, at least 68 civilians were arrested for attending or hosting personal gatherings and parties. This number is based on 5 official reports in the country.
In 2021, at least 301 groups of civilians –mostly consisting of those who have lost money due to poor economic conditions, or those whose rights have been violated– have organized protests. These protests took place in 24 provinces. The provinces with the most protests were Tehran, Eastern Azerbaijan, Khuzestan, and Khorasan Razavi. As the following bar graph illustrates, the highest number of reports related to violence from security forces and citizens’ safety occurred in January and the lowest in August.
SENTENCES
The judiciary of the Iranian government, including both in initial trial and appeal, issued 16531 months of imprisonment in 2021. These reports included 1348 months of imprisonment for ethnic minorities, 4174 months of imprisonment for religious minorities, 10140 months of imprisonment related to freedom of expression, 67 months of imprisonment related to union activity, 276 months of imprisonment for workers, 84 months of imprisonment related to cultural rights, 282 months of imprisonment in women’ rights category, and 160 months of imprisonment for students. These statistics only include the court sentences that indicated detailed information or characteristics of the verdicts. As the following bar graph illustrates, the highest number of reports was in January and the lowest in September. Courts sentenced defendants to a total of 787,875,000 tomans (187,514.25 USD) in fines and 2900 lashes in 2021.
In 2021, the number of convictions of citizens and activists decreased by 44%. Moreover, the convictions in the following categories decreased: Religious Minorities by 4%, Ethnic Minorities by 25%, Freedom of Expression by 54%, Unions by 87%, and Cultural Rights by 67%. The following categories saw an increase in convictions: Workers by 50%, Women’s Rights by 56%, and Students by 62%.
ARRESTS
In 2021, security forces arrested 1676 individuals due to political or civil rights-related activities. The statistical analysis exhibited 26 case of arrest in the trade union category, 445 arrests in the category of ethnic minorities, 57 arrests in the category of religious minorities, 1043 arrests in the category of freedom of expression, 25 arrests related to children’s rights, 3 arrests of students related to the right to education, 6 arrests in the field of cultural rights, and 64 arrests in the category of workers’ rights. 6 women were prosecuted for their activities, including the promotion of their desired lifestyle. 5 of these women were arrested for modeling, and 1 for activism in this area. As the following bar graph illustrates, based on the number of reports per month, the highest number of reports in this category fell in November and the lowest in December. In 2021, the number of arrests increased by 14% in total. Broken into categories, the number of arrests increased in the Ethnic Minority category by 55%, Culture decreased by 77%, Religious minorities decreased by 25%, Unions decreased by 44%, Students decreased by 50%, Workers’ Rights increased by 53%, and Freedom of Expression increased by 12%.
SEXUAL AND GENDER MINORITIES
The rights of sexual and gender minorities have previously been analyzed in the Annual Report of Human Rights Activists in Iran as a subset of other categories. The main reason for this was that the small handful of reports in the area did not allow analysis. Creating an independent categorization, even with a small number of reports, is in fact an attempt to increase surveillance of this group. The rights of sexual and gender minorities in the country are systematically violated in various ways. The criminalization of homosexuality and the non-recognition of transgender identity before gender reassignment procedures are two of many systematic violations that can seen codified into domestic law. There are many obstacles in reporting on this topic, including open hatred against members of the community, cultural taboos, legal barriers, and the weakness of Iranian civil rights organizations in monitoring and reporting violations. The government’s policy in dealing with sexual minority issues in Iran exacerbates the vulnerability of these groups. Of the few reports published in this area, it should be noted that HRANA reported 15 prisoner s with uncertain judicial status accused of having homosexual relationships in Wards 2 and 10 of Rajai Shahr Prison in Karaj. The detention of these citizens was directly related to having a homosexual relationship. In some cases, security and law enforcement agencies acknowledge the detention and harassment of members of this community. For example, in June of this year, Reza Molouki, head of the FATA police in the east of Tehran Province announced the identification and arrest of a citizen on charges of “corruption on earth”, calling his relationship with a homosexual illegitimate. Trans citizens face legal problems in addition to cultural issues in the process of changing their identity documents or seeking exemption from conscription. In another report, a citizen living in Tehran, after obtaining a military exemption due to his gender identity, lost his employment and was unable to renew his license as an expert of the Food and Drug Administration. In 2019, the World Health Organization updated its guidelines on disorders related to sexuality and gender identity in the ICD-11. In doing so, transgender identity was no longer recognized as a “disorder” by the WHO.
This is the brief version and the full report is available for download in PDF format.
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For further inquiries please contact Skylar Thompson, Senior Advocacy Coordinator Human Rights Activists in Iran (HRA) at [email protected]
Beginning Friday, November 19, thousands of civilians assembled and protested in the dried-up stretches of Iran’s river Zayandeh-rud. These protests come just months after protests erupted in Iran’s southern province of Khuzestan over resource mismanagement leading to water shortages and economic disparity. Protesters in Khuzestan, and those that stood in solidarity with them across the country, were met with violent suppression including lethal force and mass arbitrary detentions. Protesters in Isfahan now face a similar struggle over shared concerns. “Water, or rather lack thereof, remains a recurring theme across Iran. Years of mismanagement have culminated in dried-up riverbeds as well as the inability to adequately water crops or livestock which is directly affecting livelihoods. Without attention to the root cause of unrest, one can expect these events to continue. Rather than meeting protesters with barbarous levels of violence and empty promises, Iranian officials must hear the pleas of the people and seek a solution. Not a short-term solution that will surely lead to greater disparity, but real tangible change,” says Skylar Thompson, HRA Senior Advocacy Coordinator.
Excessive use of force
As unrest in Isfahan continues into the tenth day, protesters are met with excessive use of force by police and security forces. Videos sent directly to HRA along with in-depth investigation over the past 10 days reveal the use of widespread and inhumane suppression tactics by police, IRGC, Basij, and the intelligence ministry.
Police were recorded making what can arguably be seen as threats. One video shows police urging “those who came to watch, leave now. There are enemies among you […] Don’t make water an excuse, please leave this place quickly. […] you don’t want anyone to be hurt.” While another text message sent to citizens in the area from the Deputy of Crime Prevention of Justice of Isfahan Province read: “Dear fellow-citizen, Considering your presence at the location of unrest, and the possibility of being injured, please quickly leave and avoid passing through this area.”
Several videos capture audible evidence of live ammunition. In one instance, a woman can be seen seemingly lying lifeless on the ground. Live ammunition can be heard nearby as crowds shout, “They shot her! Pick her up!” Such tactics fly in the face of Iran’s obligations under international human rights law, namely the right to life. Several videos, like those from which the still images below are derived, depict protesters having been shot in the face while seemingly unarmed. Another video (video 1) shows an individual bleeding heavily from his face as he attempts to clean a wound. HRA condemns in the strongest terms the use of live ammunition, including bird shots, against protesters posing no imminent threat to life or security.
The images below were taken from a video independently verified by HRA. An unarmed individual in the one video is heard saying “It was the police” as they hold a wound over their injured eye. HRA-SJ (HRA Spreading Justice Initiative), through a thorough examination of video and photo evidence, additionally confirmed the use of tasers, tear gas, water cannons, and batons against protesters in Isfahan from November 19-November 29. The use of additional means cannot be ruled out at this time.
video 1
In another video (video 2), police can be seen storming a group of unarmed protesters, seemingly beating those that did not immediately disperse, live ammunition can also be heard.
video 2
At least 19 of the many injured protesters are hospitalized due to injuries to the eye, as seen in the images above. Official reports indicate 2 of the injured are in critical condition. The injuries are further evidence of excessive use of force against protesters. In solidarity with those injured, people around Iran have posted photos of themselves with bandages covering their eyes.
Arbitrary arrests
Since the outbreak of unrest on November 19, HRA-SJ has documented the arrest of 214 protesters, including 13 minors. A number of arrestees were released upon agreeing to discontinue protest activity. The identities of these individuals were documented and their identification documents were confiscated prior to release. While a number were released, others were transferred to Isfahan prison, Khomeini Shahr prison, and the Women’s prison of Isfahan. The whereabouts of some detainees remain unknown at the time of writing. It is possible that these individuals are being held in a security detention center. Officials should immediately make known the whereabouts of all of those within their custody as provided for under international law and take steps to release all individuals arbitrarily detained as a result of their participation in protests.
Call for accountability
HRA is deeply disturbed by the ongoing situation of violence in Isfahan. The ongoing use of excessive force amounting to a loss of life and unnecessary injury is of serious concern. According to the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, “Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offense under their law.” In light of Iran’s unwillingness to ensure this type of accountability, HRA is calling on the international community to condemn the ongoing use of force against civilians and ensure those responsible are held accountable.
Reports of internet disruptions/shutdowns must also be condemned. Iran’s repeated use of internet disruptions/shutdowns is a deliberate attempt to mask the true extent of violence used against protesters and disrupt the free flow of information. Internet disruptions continue at the time of writing.
“As we close out a month of remembrance for the lives lost at the hands of Iranian officials during the November 2019 protests, the international community must stand with Iranians in demanding justice and reignite the call for accountability in efforts to disrupt the cycle of violence against protesters.”
*HRA-SJ independently verified the validity of all videos included in this report.
