Category: Reports

Iran Prepares for a Presidential Election. Guardian Council Vets Six Candidates with Questionable Records

Posted on by Human Rights Activists (in Iran) Human Rights Activists (in Iran)

Iran Prepares for a Presidential Election. Guardian Council Vets Six Candidates with Questionable Records

In the wake of Iranian President Ebrahim Raisi’s death last month, Iran is gearing up for a presidential election. 

Historical Lack of Free and Fair Elections in Iran Dating Back Decades

Iranian elections have a dark past, consistently marked by a lack of free, fair, and transparent processes. In 2010, the highly disputed re-election of President Mahmoud Ahmadinejad led to widespread allegations of vote-rigging and fraud, sparking the largest protests since the 1979 revolution. The Green Movement, as it came to be known, saw millions of Iranians take to the streets demanding democracy and more. The government responded with a violent crackdown, resulting in numerous arrests, injuries, and deaths–some of those arrested remain detained today. 

The 2021 election saw the lowest voter turnout in history, highlighting growing public disillusionment. Despite this, the ruling elite persist in claiming legitimacy, even as each election sees diminishing public participation. This lack of engagement underscores the deepening disconnect between the ruling elite and the general populace. 

Six Candidates Cleared for Upcoming Iranian Presidential Election 

As the upcoming election approaches, six candidates have been approved. The approval process for presidential candidates in Iran is overseen by the Guardian Council, a powerful body comprising six Islamic jurists appointed by the Supreme Leader and six jurists approved by the Parliament. This council rigorously vets each applicant, assessing their qualifications, political and religious beliefs, and backgrounds—not on true merit. As a result, numerous candidates are often disqualified, leaving only a select few approved to run in the election.

Iran has had a significant history in manipulating the elections. The 2009 presidential election in Iran was marred by significant controversy and accusations of fraud. After Mahmoud Ahmadinejad was announced as the winner with nearly 63% of the vote, widespread protests erupted, driven by opposition candidates who claimed vote manipulation. These protests, part of the Iranian Green Movement, persisted into 2010. The government’s violent suppression of these protests, resulting in deaths and arrests, further fueled beliefs of a rigged election. Prominent opposition figures such as Mir Hossein Mousavi, his wife Zahra Rahnavard, and Mehdi Karroubi, leaders of the 2009 Green Movement, have been under house arrest since February 2011. Despite international outcry their situation remains unchanged, with severe restrictions on their communication and movement. Mehdi Karroubi, vocal in his criticism of the Iranian government’s actions, including its handling of incidents like the downing of a Ukrainian passenger plane, has faced worsening health conditions under house arrest. His attempts to hold the Iranian leadership accountable have led to increased restrictions on his freedoms. The continued detention of these opposition figures without trial has been condemned internationally, with entities such as the UN calling for their immediate release.

In the 2021 presidential election, controversy arose even before voting began, with the Guardian Council disqualifying many popular candidates, seen as a move to ensure the victory of hardliner Ebrahim Raisi. This election saw the lowest turnout in the history of the Islamic Republic, at around 49%, with a significant portion of protest votes. International observers and human rights organizations dismissed the election as neither free nor fair, labeling it a “show election.” Voter turnout in Iran’s presidential elections has been on a declining trend over the past two decades, reflecting growing public disillusionment with the electoral process. Notably, turnout was around 85% in 2009, despite controversies, likely due to a highly polarized environment. It saw a slight decline to around 72% in 2013, remained stable at about 73% in 2017, and drastically fell to a record low of approximately 49% in 2021. This decline has been attributed to widespread skepticism about electoral integrity and the pre-selection of candidates by the Guardian Council. Statistics on voter turnout are usually provided by the Iranian government, which is often accused of reporting higher participation figures than the reality.

This rigorous and  vetting process lacking any transparency narrows the pool of candidates presented to voters, limiting genuine political competition and reducing the electorate’s ability to choose from a diverse range of political views. The skewed candidate selection process undermines the claim of a democratic nature to the elections, reinforcing the status quo of the ruling elite and perpetuating the brutal suppression of human rights across the country.

The upcoming election is a stark example of this process. The Guardian Council has officially announced the list of approved candidates. The final slate of candidates includes:

Masoud Pezeshkian: b.1954 (70), Mahabad. Former Minister of Health. He had previously ran for the presidency in 2013 but withdrew and in 2021 was disqualified by the Guardian Council for the election. Pezeshkian has a demonstrated history of involvement in restricting access to the highest attainable standard of health while additionally being implicated in unethical practices involving condoning the violation of women’s rights. 

Mostafa Pourmohammadi: b.1959 (65), Qom. Former Minister of Interior and Justice, and Revolutionary Prosecutor notorious for his involvement in the mass executions of the 1980s. He was a member of the “Death Squad” in 1988, notorious for the mass executions of political prisoners that summer.  Since 2021, he has been the President of the Center for IslamicRevolution Documents. More details

Saeed Jalili: b. 1965(59), Mashhad. Secretary of the Supreme National Security Council (2007-2013). Member of the Strategic Council on Foreign Relations, has a history of systematic repression of political activists and notable complicity in the brutal crackdowns on peaceful protests. Notably, Saeed Jalili was the Secretary of the Supreme National Security Council when the house arrest decision of the aforementioned Green Movement leaders was carried out in 2010.  More details

Alireza Zakani: b. 1965 (59), Rey. The current mayor of Tehran and former head of the Basij Student Organization, he was involved in the events of July 9, 1999, and the attack on Tehran University dormitory. Alireza Zakani has a long history of persecuting minorities and political opponents. He was previously disqualified from the 2013 and 2017 presidential elections. During Zakani’s tenure, a group called the HijabBans was established to oversee women’s dress codes in Tehran’s metro. Zakani has been sanctioned by the UK for his involvement in serious human rights violations. More details

Seyed Amir-Hossein Ghazizadeh Hashemi: b. 1971 (53), ​​Fariman, Khorasan Razavi Province. Former Deputy Speaker of Parliament (2020-2021) Current Vice President of Iran and head of the Foundation of Martyrs and Veterans Affairs and Member of the Islamic Revolution Stability Front since 2019. Hashemi has been a staunch supporter of the so-called Hijab bill as well as the ‘Protection of Users’ Rights and Basic Applications in Cyberspace’ which seeks to restrict free access to the internet among other things.  More details

Mohammad Bagher Ghalibaf: b. 1961 (63), Torghabeh, Khorasan Razavi Province.  Former Commander Of the IRGC Air Force (1997-2000). Speaker of the Iranian Parliament, has long maintained leading involvement in the illegal crackdown on peaceful protestors including their arbitrary detentions and torture. Ghalibaf himself has spoken publicly about his involvement in and support in such actions. In addition, Ghalibaf is a staunch supporter of the so-called Hijab bill. More details

The elections, rather than serving as a tool for the people to express their will, act as a mechanism for the ruling authorities to present outward legitimacy. This can be seen notably in the candidacy of individuals who played leading roles in the arrest of protestors in 2010 following disputed elections. 

It is noteworthy that several other prominent figures applied but were not approved by the Guardian Council to run in the upcoming election. This list includes:

Eshaq Jahangiri: Former First Vice President

Mehrdad Bazrpash: Current Minister of Roads and Urban Development

Sowlat Mortazavi: Current Minister of Cooperatives, Labour and Social Welfare

Mahmoud Ahmadi Bighash: Former IRGC commander

Mostafa Kavakebian: Former representative of Tehran in the Parliament. More details

Sayyid Shamseddin Hosseini: Former Minister of Economic Affairs and Finance

Abdolnaser Hemmati: Former Governor of the Central Bank

Mahmoud Ahmadinejad: Former President

Mohammad Mehdi Esmaeili: Current Minister of Culture and Islamic Guidance. More details

Vahid Haghanian: Former Executive Deputy of the Office of the Supreme Leader

Ali Larijani: Former Speaker of the Parliament. More details

Elias Naderan: Former MP

Hasan Sobhani: Former MP

Hasan Kamran: Former MP

Ahmad Akbari: Former MP

Ghasem Jasemi: Former MP

Hamideh Zarabadi: Former MP

Mohammad Nazemi Ardakani: Former Minister 

The current configuration severely limits any potential for significant political change from within the system, effectively making the elections a mere formality. The process ensures competing interests do not become a true threat to the ruling elite. Moreover, the Guardian Council’s role extends to overseeing the presidential elections themselves, further ensuring that the elected president will align with the broader interests of the ruling elite, thereby maintaining the status quo.

This system reveals a façade of democracy, where the true power dynamics operate on a level that is far removed from the democratic ideals professed to the public. The system not only undermines the democratic essence of elections but also perpetuates a cycle of power that is self-serving for those at the helm.

 

 

 

Iranian Prisons are Places of Relentless Suffering

Posted on by Human Rights Activists (in Iran) Human Rights Activists (in Iran)

Incarcerated Individuals tell HRA: “Abuse of power is rampant. We are left at their mercy”

Iran’s prisons are harrowing places where abuse and neglect are rampant. The following report is based on testimonies from former and current incarcerated individuals in Iran. Conversations between individuals and HRA reveal severe and systemic issues that fly in the face of Iran’s international human rights obligations as well as universally agreed upon minimum standards for the treatment of prisoners. 

In Iran, the management, administration and regulations of the prisons falls under the jurisdiction of the Prisons Organisation which operates directly under the supervision of the Head of the Judiciary. The Head of the Judiciary appoints the head of the Prisons Organization who is responsible for the implementation of corrective measures, rehabilitation programs, and ensuring the rights and welfare of prisoners. This investigation was prompted by a notable void in reporting on prison conditions, which is likely attributed to the restricted nature of such reporting and the considerable challenge faced by third-party monitors in accessing penal facilities directly. The administration of prisons is tightly integrated with the judicial system’s broader goals and policies, and they have notably been known for their lack of transparency.

Conditions described by current and formerly incarcerated individuals in Iranian prisons such as Evin, Rajaei Shahr, Vakil Abad, Ghezel Hesar, Qarchak, and Adel Abad reveal significant breaches of international human rights law. In addition to clear violations of international human rights law, the testimonies detail blatant disregard for upholding the Mandela Rules.The Nelson Mandela Rules, while not legally binding, are considered “soft law” and represent essential principles

In 2015 The UN General Assembly adopted the Mandela Rules as the universally agreed minimum standards for the treatment of prisoners and several UN Member States have since incorporated the provisions of the rules into their domestic legal frameworks. Iran’s lack of overall adherence to these principles can be seen as a failure to uphold the universally agreed upon minimum standards. 

The Mandela Rules on the Standard Minimum Treatment of Prisoners 

Testimonies collected by HRA indicate grossly inadequate healthcare within prisons, with limited access to medical professionals and neglect of serious health conditions. This situation is a clear violation of the right to health as stipulated in the Mandela Rules.

Accommodation and Hygiene: 

“Adel Abad was a place of relentless suffering. The rooms were semi-dark and poorly ventilated, making it hard to breathe. Temperature extremes were common, with freezing winters and scorching summers.”

Mandela Rule 12 requires that prison accommodations provide adequate living space, ventilation, and lighting. 

Mandela Rule 13 stipulates the need for sanitary facilities that are hygienic and accessible. 

Mandela Rule 15 emphasizes the provision of adequate clothing and bedding.

The detailed testimonies collected by HRA highlight the violation of basic accommodation standards. Poor ventilation, inadequate lighting, and extreme temperatures directly contravene the Mandela Rules, creating inhumane living conditions that fail to respect the dignity of prisoners.

While engaging with HRA, Zahra, a political prisoner who spent 5 years in Evin Prison said “The cells were dimly lit and poorly ventilated, making the air thick and oppressive. Summers were unbearable, and winters were freezing.” Another individual detailed a similar situation describing “semi-dark and poorly ventilated [rooms], making it hard to breathe.” They continued, “Temperature extremes were common, with freezing winters and scorching summers.”

Food and Water

“Since the merger of the prisoner populations from Rajaei Shahr and Ghezel Hesar (Qezalhasar), the dynamics here have drastically changed. The overcrowding has worsened, and food shortages have become more severe.” 

Mandela Rule 22 ensures prisoners receive nutritious and sufficient food and drinking water.

Throughout HRA’s conversations, incarcerated individuals  consistently report inadequate and poor-quality food, with those unable to afford additional supplies from prison stores suffering from malnutrition. This testimony reveals stark violations of the Mandela Rules’ requirement for nutritious and sufficient food.

Ali, a 28 year old male incarcerated at Rajaei Shahr Prison four years told HRA, “The food was inedible, and many relied on the expensive prison store to supplement their diet.” Another individual currently incarcerated at Ghezel Hesar Prison said “The food is insufficient and often spoiled, forcing those with money to buy from the expensive prison store.”

The dire situation in these prisons, as described by the incarcerated individuals, underscores a critical failure to meet the basic nutritional needs mandated by Mandela Rule 22. The overcrowding exacerbated by the merger of incarcerated individuals populations from Rajaei Shahr and Ghezel Hesar has only intensified food shortages, leaving many inmates malnourished and dependent on expensive prison stores for survival. This blatant disregard for providing adequate and nutritious food highlights a profound violation of human rights within Iran’s prison system.

Healthcare

“The denial of these essential services is a clear reflection of the system’s failures.”

Mandela Rule 24 mandates that prisoners have access to the same standard of healthcare available in the community, without discrimination.

Testimonies indicate grossly inadequate healthcare, with limited access to medical professionals and neglect of serious health conditions. This situation is a clear violation of the right to health as stipulated in the Mandela Rules.

In Evin Prison one individual described that “Healthcare was minimal, with only an inexperienced nurse available and a doctor visiting infrequently.” Another serving time at Vakil Abad Prison from 2019-2023 disclosed to HRA  “Medical services were grossly inadequate, with many serious conditions ignored.” Another individual informed HRA that the existence of medical care “was a farce”. 

The denial of essential healthcare services within Iranian prisons is a damning indictment of the system’s failures to uphold basic human rights. Mandela Rule 24 unequivocally mandates that prisoners have access to healthcare equivalent to that

available in the wider community, without discrimination. These testimonies reveal a systemic failure to provide the necessary medical care, further underscoring the urgent need for reform within Iran’s prison system.

International Human Rights Law 

International Covenant of Civil and Political Rights (ICCPR): The Right to Humane Treatment

Article 10 of the ICCPR states that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

Indeed the degrading treatment described in great detail in conversation with almost all individuals including the pervasive violence reported violates Article 10 of the ICCPR, which emphasizes the humane treatment of all prisoners.

Nasrin, who is serving time since 2021 in Qarchak (Shahre-Rey) Prison, recounted to HRA “The humiliating behavior of some guards, who conduct nude body searches and degrade us in front of others, only adds to the misery.” Mehdi, a 40 year old male serving time at Ghezel Hesar Prison, in dialogue with HRA informed that : “The prison is a hotspot for violence, with easy access to weapons like large handmade knives that many of us carry for protection.”

Individuals described brutal violence. One stated that “Physical abuse by guards was common, and there were frequent hunger strikes in protest.” Another, age 60, incarcerated since 2006, stated “Some guards exploit these conditions, demanding bribes for basic necessities or the promise of safety.”

Physical abuse by guards and the exploitation of prisoners for bribes constitute inhuman and degrading treatment, falling under the purview of torture. The reports of frequent abuse and the calculated neglect by authorities indicate systemic issues within the prison system.

Conclusion

The systemic issues within Iranian prisons highlight a severe failure to adhere to international human rights obligations and principles. The harrowing testimonies from both current and former incarcerated individuals expose a grim reality of widespread abuse and severe neglect. Healthcare in these prisons is grossly inadequate, with limited access to medical professionals and widespread neglect of serious health conditions. Combined with appalling hygiene standards, subpar food and water provisions, and violence and degrading treatment by guards, it is evident that Iranian prisons fall alarmingly short of international standards and principles.

Iran must urgently address these violations to align itself with international standards and obligations, ensuring the humane treatment and dignity of all incarcerated individuals. 

HRA urges the international community, including international human rights organizations, governments, and the United Nations, to take immediate action regarding the stark realities revealed by these testimonies. It is imperative that in all dialogue concerted efforts be made to pressure Iran to adhere to international human rights standards, ensure the humane treatment of incarcerated individuals, and allow independent monitoring of prison conditions. 

*For a more in depth look at the unlawful conditions of Prisons mentioned in this article, please visit www.spreadingjustice.org and search the name of the Prison in the top right hand search bar.

*For a brief overview see below related Individuals involved in rights violations associated with unlawful prison conditions subdivided by Prison and General Associations: 

Shiraz Central Prison (AKA Adel Abad Prison): 

  1. ISHAGH EBRAHIMI: Director-General of Fars Province Prisons Since Sep 2019
  2. RUHOLLAH REZAEI DANA: the director of Shiraz Central Prison Since June 2020
  3. ALI MOZAFFARI: Chief Justice of Qom Province Since August 2019 

Evin Prison:

  1. ALI ASHRAF RASHIDI-AGHDAM: Deputy of Health and Correction and Education of Tehran Prisons General Administration Since August 2015
  2. GHOLAMREZA ZIAEI: Head of Evin Prison From July 2019 to June 2020
  3.  ALI CHAHARMAHALI: Head of Evin Prison from August 2016 to July 2019
  4. HAMID MOHAMMADI: Director of Evin prison from June 2020 to September 2021
  5. HASSAN GHOBADI:  Head of Evin Prison Security At least from March 2012
  6. SEYED-HOSSEIN MORTAZAVI-ZANJANI: Warden of Evin Prison From 1986 to 1988 
  7. MOHAMMAD MOGHISEH: Judge of the Evin Prison from 1989 to 1991 

Ghezel Hesar Prison

  1. ASHKAN KAMALI: Head of Ghezel Hesar Prison in Karaj Since August 2020
  2. HAMID MOHAMMADI: Director of Ghezel Hesar Prison From  2019, to June 2020
  3. MOHAMMAD MOGHISEH: Assistant judge of Ghezel Hesar Prison in 1985   1986 – 1988 Head and Judge of Rajaei-Shahr Prison in Karaj 

Rajaei-Shahr Prison (AKA Gohardasht Prison): 

  1. ALLAH KARAM AZIZI: The head of Rajaei-Shahr Prison From July 2019 to  August  2023
  2. GHOLAMREZA ZIAEI: Head of Rajai-Shahr Prison in Karaj From October 2017 to July 2019
  3. HAMID MOHAMMADI: Prior to his appointment as the director of Ghezel Hesar Prison, he was the director of Rajai-Shahr Prison in Karaj
  4.  ALI HAJI-KAZEM: The warden of Rajaei-Shahr Prison
  5. HAMID NOURY: Prison guard and assistant prosecutor of Rajaei-Shahr Prison Until 1991
  6. HASSAN GHOBADI:  Deputy health of Rajaei-Shahr Prison at least from January 2019
  7. SEYED-HOSSEIN MORTAZAVI-ZANJANI: Warden of Rajae-Shahr Prison From 1983 to 1986
  8. MOHAMMAD MOGHISEH: Head and Judge of Rajaei-Shahr Prison From 1986  to 1988

Tehran Province Women’s Penitentiary (AKA Qarchak Prison in Varamin) 

  1. SOGHRA KHODADADI: Head of the Women’s Ward of Qarchak Prison Since December 2020

Mashhad Central Prison (AKA Vakil Abad Prison): 

  1. ALI ABDI: Head of Vakil Abad Prison From September 2019 to December 2021. And since December 2021 he is the deputy of Judiciary and Execution of Judgments of the General Administration of Khorasan Razavi Prisons Organization
  2. HADI ESMAIEL ZADEGAN: Acting and then Director of Vakil Abad Prison Since November 2021

General:
1. SEYED HESHMATOLLAH HAIATOLGHEIB:

  • Dorud city prison chief
  • Police Deputy of the General Directorate of Prisons in Lorestan Province
  • Deputy General Directorate of Prisons in Markazi Province
  • Deputy of the General Directorate of Prisons in Isfahan Province
  • Head of the Isfahan Central Prison (while maintaining the organizational position of deputy director general of prisons in Isfahan province)
  • Deputy of the General Directorate of Prisons in Isfahan Province
  • Head of the General Directorate of Prisons in Isfahan Province
  • 2011-2015: Director-General of Yazd Province Prisons
  • 2015- 2019: Director-General of Fars Province Prisons
  • July 2019 to August 2021 and again February 2022: Director-General of Tehran Province Prisons
  1. ALI CHAHARMAHALI:
  • Vice President of Health, Correctional and Education of Prisons in Tehran Province
  • 11 August 2016- 28 July 2019: Head of Evin Prison
  • 28 July 2019-16 February 2022: Head of Great Tehran Penitentiary
  • 16 February 2022-now: Director-General of Alborz Province Prisons
  1.  IRAJ FATTAHI: 
  • 2016- January 2023: Head of Karaj Central Penitentiary
  • January 2023: Vice President of Health, Correctional and Education Department of Prisons of Alborz Province
  1. ALI HAJI-KAZEM: 
  • Former head of Karaj Central Penitentiary
  • June 2005: the warden of Rajaei-Shahr prison
  • From February 2022: Special advisor to Alborz governor on prisons
  1. MOHAMMAD MAHDI HAJ-MOHAMMADI
  • 2019 – June 2020 Deputy Justice of Tehran Province
  • June 2020 – November 2021 Head of the State Prison and Security and Corrective Measures Organization
  • From July 2023: Head of the Judiciary Office of Special Inspection and Citizen Rights.
  1. MOHAMMAD-JAVAD ARDESHIR LARIJANI
  • June 2005 – January 2020 Secretary of the High Council for Human Rights of Judicial system of Islamic Republic
  1. GHOLAM-ALI MOHAMMADI
  • July 2005 – September 2020 Deputy Chief Justice of Tehran Province
  • September 2020 – November 2021 Deputy Head of the Judiciary chief office
  • Since November 2021: Head of the State Prison and Security and Corrective Measures Organization

Criminalized Identity: Highlighting LGBTQ+ Rights Abuses in Iran

Posted on by Human Rights Activists (in Iran) Human Rights Activists (in Iran)


IranianLGBTQ+ individuals face systematic persecution that is both state-sponsored and pervasive. Legal frameworks and government policies explicitly endorse violence and discrimination against the LGBTQ+ community. HRA, through extensive research via its Spreading Justice initiative, has identified the state institutions and individuals involved in human rights violations against these sexual and gender minorities. The research draws on detailed case studies and insights from members of the community advocating for change both within and beyond the borders of Iran.

State-Sponsored Homophobia: Institutional and Legislative Enablers

The Iranian government’s perpetuation of discrimination against LGBTQ+ individuals is overt and multifaceted. Dating back decades, there are seemingly endless examples of the widespread, State-sponsored discrimination faced by LGBTQ+ individuals in Iran.

The following are a mere few:

The notorious, “Modesty and Hijab Bill,” though not fully ratified, has already been used by State broadcasters to actively promote homophobia. Article 8 paragraph 2 of this bill compels the Broadcasting Organization of Iran to produce content that counters homosexuality, effectively legislating hate and reinforcing societal prejudices against LGBTQ+ individuals. The bill also explicitly tasks the Broadcasting Organization of Iran with promoting content that vilifies homosexuality, contributing to the spread of hatred against homosexuals, sanctioned by state media. Despite awaiting confirmation by the Guardian Council, the police force has practically enforced the hijab law in numerous cities, further institutionalizing discrimination against the LGBTQ+ community under the guise of upholding modesty and moral values. One example of spreading hatred against the LGBTQ+ community is, guest speakers on talk shows spreading false narratives. For example on Jaryan talk show, the Guest speaker questions the boundaries of freedom of expression in Europe, stating that while they can insult prophets, according to him, speaking against homosexuality leads to consequences.

In addition, The Research Center of the Parliament –which is a part of the Islamic Council Research is responsible for conducting study and research projects to provide advisory opinions to the representatives, commissions, and presidium of the Islamic Council— has produced reports that suggested temporary marriage as a remedy to homosexuality, in essence legitimizing State interference in personal identities. In 2014 a report titled Temporary Marriage and Its Effect on Adjusting Illicit Sexual Relations stated “Out of 141,552 middle school students across the country, 24,889 were identified as homosexuals.” The report went on to advocate for temporary marriage as a corrective measure, reinforcing harmful stereotypes.

Forced Conformity

In Iran, the judiciary plays a critical role in enforcing discriminatory laws against the LGBTQ+ community, particularly impacting transgender individuals. A stark example of this is Judge Abbas Ghaderi, head of Branch 45 of the Special Judicial Complex for Family Matters in Tehran. Ghaderi is notorious for his harsh requirements for transgender individuals who seek the legal recognition of their gender. Under his jurisdiction, transgender individuals are compelled to undergo extensive and invasive surgeries to legally change their gender markers on identification documents.

 

The extensive nature of Ghaderi’s behavior can be explored in more depth via his profile on the Spreading Justice database.

Iran has a gender binary legal framework and the law mandates that individuals select either male or female and undergo corresponding gender-confirming surgeries for legal recognition. The mandated surgeries are physically demanding, carry significant medical risks, and entail high financial costs that many cannot afford.  Requiring these surgeries as a condition for legal recognition imposes an unjust burden on transgender individuals, making their right to identity contingent upon their willingness and ability to undergo medical procedures. Moreover, those who refuse or are unable to choose a binary gender and undergo the prescribed surgeries face severe consequences. They are often denied access to basic services and rights, such as employment and education. This denial extends to various aspects of public life, effectively marginalizing them and limiting their ability to participate fully and freely in society.

In addition to these surgical requirements, transgender citizens must navigate a lengthy and arbitrary legal process to obtain identification documents that reflect their gender identity, often resulting in the removal of reproductive organs such as the uterus, ovaries, and testicles. These heavy and irreversible surgeries, coupled with the high costs and low quality of medical care available, further exacerbate the challenges faced by transgender Iranians. HRA has documented instances where local judges, like Judge Ghaderi, apply these requirements inconsistently, adding to the confusion and discrimination.

LGBTQ+ voices from inside the country

The situation for LGBTQ+ individuals in Iran is dire, marked by systemic discrimination, abuse, and persecution. Accounts from community members reveal the depth of their suffering and the pervasive fear that governs their lives.

“Being interrogated was a nightmare. They made fun of me, taunted me, and treated me like a criminal. Even soldiers who were supposed to be impartial joined in the abuse. When I was finally taken to prison, I was so humiliated that I wanted to disappear,” one individual recounted. This testimony highlights the hostile and dehumanizing treatment faced during interrogations.

The Iranian regime’s propaganda machinery further exacerbates the plight of LGBTQ+ individuals. “The regime actively fuels animosity against us. They even burn our flag in government marches and use derogatory language to perpetuate negative stereotypes about us. They exploit existing societal taboos to bolster their campaign of humiliation and oppression. This rhetoric reinforces deeply ingrained prejudices and strengthens the stigma surrounding our community,” shared another member. Such actions by the government serve to legitimize and intensify public hostility and discrimination against the LGBTQ+ community.

Living in constant fear, many LGBTQ+ individuals face profound personal and social risks. “My greatest fear is that coming out could cost me my freedom or my future. Arrests, job loss, or social ostracism are very real risks, even if I’m fortunate to have a supportive family. My fear is for those who have no such support,” explained a third individual. This fear is not unfounded, as Iran’s legal and social environment is extremely hostile towards LGBTQ+ individuals, often leading to severe consequences such as imprisonment, loss of employment, and social exclusion.

Military Service

In the realm of military service, discrimination persists with the “Nervous and Mental” classification in the medical exemption regulations. This classification, used to exempt transgender and homosexual individuals from mandatory military service, not only stigmatizes but also carries severe long-term repercussions. The label of a mental disorder is then recorded in their medical and military records, casting a long shadow over their lives, and impacting their ability to secure employment and access social services.

The military exemption, known as the “red card,” creates additional barriers to obtaining licenses or employment in public offices, reflecting a broader pattern of state-sanctioned discrimination against LGBTQ+ individuals in Iran. This systematic marginalization,  reinforced by both legal mandates and societal attitudes, impedes the full participation of LGBTQ+ individuals in society.

Although there have been some changes since the enactment of the Examination and Medical Exemption Regulation for Conscription in 2014, which shifted the review of exemptions for transgender and homosexual individuals to specific sections, colloquially known as the “Nervous and Mental” section, the stigma attached to these exemptions persists. Despite the World Health Organization’s reclassification of being transgender from mental and behavioral disorders and the removal of homosexuality from the list of mental disorders in 1990, the implications of these exemptions remain problematic in Iran, especially considering the criminalization of same-sex relations. This has led to increased caution and strictness in issuing exemptions, which some manage to obtain only after extended efforts, often limited to an exemption from combat rather than a complete waiver from military service.

Systematic Exclusion from Professional and Social Arenas

The exclusion from additional professional and social arenas is another facet of discrimination faced by LGBTQ+ individuals in Iran. Notable figures such as Mohammad Heidari, former head of City Theater, and Seyed Sadegh Mousavi, head of the Evaluation and Supervision Council of the General Directorate of Performing Arts, have played significant roles in excluding transgender individuals from the arts. The case of Saman Arastoo, a well-known actor who faced systematic exclusion from theater productions following his gender confirmation surgery, illustrates the professional and personal costs of such discrimination.

·       Invisible Removal from the Work Environment

Some transgender individuals are deprived of continuing their careers in their specialized fields after coming out. Saman Arastoo, who was a recognized actor in cinema and theater, found himself ousted from the job market shortly after his gender confirmation. In 2020, in an interview with Ensaf News, addressing his removal from a theater production in 2008, Arastoo detailed that Mohammad Heidari, the head of City Theater, and Seyed Sadegh Mousavi Mousavi, from the Evaluation and Supervision Council, decided to remove him from the main character role after a lengthy review process. Arastoo stated, “Many students have been in my classes or participated in my self-awareness workshops. They are transgender and have studied at the University of Arts, and they are never given any work. I always tell the kids to make sure to do two or three art projects, whether in theater or cinema, before undergoing surgery so that they face fewer problems after the operation.”

·       Marginalization from the Social Sphere

The marginalization extends beyond professional spheres into social settings. Alireza Nadali, the spokesperson for the Islamic Council of Tehran City, has publicly criticized the presence of transgender citizens in Daneshjoo Park, suggesting that their presence in public spaces should be regulated and not be allowed in cultural spots of the city. This type of rhetoric contributes to the stigmatization and marginalization of transgender individuals, limiting their ability to participate in public life.

·       The Plight of Homeless Transgender Individuals

Economic and social challenges are further compounded for transgender individuals facing homelessness, a situation exacerbated by widespread family rejection owing to societal taboos and systemic barriers. In 2019, the Daneshgah News Agency highlighted the refusal of shelters to accommodate transgender individuals, citing a case where the Tehran Municipality was questioned for allowing a transgender individual to stay in a women’s shelter. In response to growing pressures, Ahmad Ahmadi Sadr from the Social Services and Participation Organization of Tehran announced plans in 2023 to establish specialized shelters. However, these promises were quickly retracted, underscoring a lack of genuine commitment to addressing the needs of transgender individuals facing homelessness.

Vulnerability to Violence

The vulnerability of LGBTQ+ individuals to violence is pronounced, with minimal protection or recourse available through legal channels. Incidents of violence, such as the assault on a 23-year-old transgender woman in Sanandaj by her brother, often go unaddressed by authorities, leaving victims without support or justice. The lack of a safe environment, even for welfare workers, places these individuals at greater risk, highlighting the systemic neglect and discrimination they face daily.

These examples starkly illustrate the multifaceted discrimination and exclusion faced by LGBTQ+ individuals in Iran, spanning professional, social, and personal spheres. The systemic nature of this exclusion, supported by both governmental policy and societal attitudes, necessitates urgent reforms to protect the rights and dignity of the LGBTQ+ community in Iran.

Security Measures Against LGBTQ+ Members

The plight of LGBTQ+ individuals in Iran extends into their treatment under security measures and legal actions. During the nationwide protests in 2022/23 Rahaa Ajoudani, a transgender citizen living in Tehran, was arrested and faced severe judicial consequences. She was sentenced to two and a half years in prison and banned from leaving the country, although her sentence was later converted to a fine due to “living conditions as a transgender woman and the lack of a proper facility for detention.” This adjustment speaks volumes about the unsuitable conditions in detention facilities, which were further highlighted by leaked surveillance footage showing inadequate facilities and oversight in the specific prison ward where she was held.

Furthermore, the morality police and law enforcement agencies have historically targeted transgender individuals based on their appearance. Recent allegations have included accusations of promoting immorality, leading to arrests and detentions. For instance, in Gonbad-e Kavus in April 2023, a citizen was detained on such charges. Additionally, State-affiliated media have been involved in propagating stigmatizing narratives, including releasing videos of “forced confessions” from five transgender individuals, casting further doubt on the fairness and transparency of legal proceedings against the LGBTQ+ community. The ultimate fate of these individuals remains unknown, underscoring the ongoing risks and uncertainties faced by the community.

Conversion Therapies

Conversion therapies, which are widely discredited by global health authorities, are still promoted and practiced, often under the guise of religious and psychological “treatment.” Dr. Davood Najafi Tavana, for instance, advertises conversion therapies on his website, offering medication, hypnotism, and aversion therapy as methods to change an individual’s sexual orientation from homosexual to heterosexual. Similarly, the Mehr news agency and the ISNA news agency have published claims supporting the efficacy of conversion therapy, despite widespread international condemnation of such practices. These actions are indicative of a broader societal and governmental stance that views homosexuality and diverse gender identities as disorders that need to be “cured” or “corrected,” further alienating and endangering the LGBTQ+ population.

The Organization of Psychology and Counseling, as the overseeing body for psychologists, does not take any action regarding the unscientific claims made by practitioners of conversion therapy. This is despite the fact that these so-called therapies have long-lasting or irreparable effects on individuals’ mental health, particularly adolescents. Among the responsibilities of this organization are issuing licenses and permits for members of the organization (psychologists and counselors) and monitoring the quality of their professional work.

Hate Speech

Hate speech against the LGBTQ+ community is rampant among high-ranking officials and media outlets in Iran. Historical and ongoing rhetoric from figures such as Ebrahim Raisi underscores the institutional disdain and disregard for LGBTQ+ rights. In a notable instance during a visit to Uganda in 2023, President Raisi criticized Western countries for promoting homosexuality, linking it to broader geopolitical conflicts and cultural wars. He stated, “Western countries are pressuring independent countries by attacking the family foundation, promoting the ugly phenomenon of homosexuality, spreading extremism and terrorism, and using human rights as a tool.” He further stated “This [homosexuality] is one of the dirtiest things that has happened in human history”, he even goes as far as saying homosexuality is created to “extinct humans”. His statements, alongside those of Vahid Yamin Pour, Secretary of the Supreme Council for Youth, who praised Uganda’s harsh anti-homosexuality laws, reflect a deep-seated animosity towards LGBTQ+ rights, both domestically and internationally.

The Urgent Need for Accountability and Reform

Iran’s legal framework and practices concerning homosexuality and in particular forced gender reaffirming surgery contravene several fundamental principles of international human rights law. These include the rights to life, privacy, freedom from torture and cruel treatment, bodily autonomy, and the principle of nondiscrimination.

The criminalization of homosexuality and importantly the imposition of the death penalty for consensual same-sex activities are severe violations of the right to life, as protected under Article 6 of the ICCPR. The United Nations Human Rights Committee (UNHRC) has consistently maintained, as noted in the general comment, that the death penalty should only be applied to the “most serious crimes,” a category that does not encompass consensual sexual relations. Furthermore, such criminalization on this ground constitutes an arbitrary interference with privacy.

Compulsory gender reaffirming surgeries infringe upon the right to health, which encompasses the right to make autonomous decisions regarding one’s body. This practice directly contravenes international human rights standards that protect individuals from non-consensual medical treatments and uphold their right to personal health decisions. The forced imposition of gender reaffirming surgeries on transgender individuals in this way amounts to cruel, inhuman, and degrading treatment.

Finally, discrimination based on sexual orientation and gender identity is prohibited by international human rights law. Iran’s laws target LGBTQ+ individuals, leading to systematic discrimination that violates their inherent dignity and equality.

The international community must support LGBTQ+ activists and pressure Iran to change its laws to meet international human rights standards and uphold its obligations. There must also be accountability for all past and ongoing violations.

By systematically identifying and discussing the roles of specific perpetrators and institutions, HRA seeks to underscore the accountability necessary for addressing human rights violations against LGBTQ+ individuals (as a persecuted group) in Iran.

In Iran, essential reforms must include decriminalizing homosexuality, abolishing the death penalty for consensual same-sex activities, and halting forced gender-reaffirming surgeries.

These changes are crucial to ensure that Iran respects and protects the fundamental human rights of all individuals, regardless of their sexual orientation or gender identity.

As the international community continues to watch, these efforts must be supported and amplified to foster real and lasting change.

List of perpetrators mentioned in the Report  

Ebrahim Raisi: President of the Islamic Republic of Iran

Abbas Ghaderi: Former Head of the 45th branch of the Special Judicial Complex for non-litigious matters at the Public and Revolutionary Courts of Tehran

Alireza Nadali: Member and spokesperson of the Tehran Islamic Council

Ahmad Ahmadi-Sadr: CEO of the Welfare, Services, and Social Partnerships Organization of Tehran Municipality

Joint Statement on Women’s Reproductive Health

Posted on by Human Rights Activists (in Iran) Human Rights Activists (in Iran)

Human Rights Activists in Iran (HRA), along with 15 other human rights organizations, have released a joint statement urging the international community and human rights activists to unite in condemning Iran’s restrictive policies on sexual and reproductive rights. They also call for using diplomatic channels to demand the abolition of discriminatory laws. These organizations request that the Islamic Republic revoke laws restricting abortion and reinstate comprehensive family planning programs. The signatories of this statement emphasize that the Iranian government must comply with international health standards and cooperate with the United Nations to ensure women have access to the highest level of reproductive health care.

 

Read the full statement below:

 

Civil Society Calls on the International Community to Urgently Condemn Iran’s Assault on Women’s Autonomy and Right to Health

 

Washington D.C. Friday, May 10, 2024 –In the past decade, Iran has intensified its efforts to limit women’s fundamental rights, notably in the sphere of reproductive autonomy. This trend underscores a broader pattern within the country, where women’s rights are facing persistent and escalating restrictions. Under the guise of addressing declining population growth, the government has introduced increasingly discriminatory legislation severely limiting access to vital sexual and reproductive healthcare and family planning services such as access to abortion, essential prenatal screening and contraception. These measures criminalize healthcare providers and strip women of bodily autonomy, perpetuating systemic discrimination, now widely acknowledged.

Considering the persistent discriminatory legislation against women’s sexual and reproductive healthcare and with insights from HRA‘s latest report, Sexual and Reproductive Rights in Iran: Battling Restrictive Laws and Discriminatory Practices, which includes grim conversations with women and providers directly affected, the undersigned organizations urge decisive international action to address systemic violations of women’s sexual and reproductive rights in Iran.

 

The undersigned organizations call upon the international community to:

Immediate Condemnation The international community and activists must unite in condemning Iran’s restrictive sexual and reproductive policies, urging the repeal of discriminatory laws including through diplomatic channels, where available.
Engagement with International/Intergovernmental Institutions Engage with international and intergovernmental institutions to raise awareness and advocate for action. Importantly, UNFPA, in its work toward the goal of universal access to sexual and reproductive health and rights, including family planning, it is imperative that in all engagements under the UNFPA Country Programme and the 2024-2025 joint work plans between UNFPA and the Government of the Islamic Republic of Iran, there is a strong emphasis on the need to repeal restrictive legislation that criminalizes abortion and imposes punitive measures on individuals seeking or providing abortion services.
Educational Initiatives Introduce public awareness campaigns aimed at challenging norms perpetuating gender inequality. It is imperative to ensure that these campaigns reach minority areas and are linguistically inclusive, thereby facilitating broader dissemination and maximizing their transformative impact.
Monitoring and Accountability Maintain specialized monitoring to hold Iran accountable for violations of women’s rights, namely sexual and reproductive rights violations. Seek to hold individuals directly involved in violations responsible through targeted action across jurisdictions.

 

The undersigned organizations urge the Islamic Republic of Iran to:

Support Family Planning Reinstate comprehensive family planning programs providing contraception, prenatal and antenatal healthcare, and linguistically inclusive education to empower all women in making their own reproductive healthcare choices.
Repeal Restrictive Legislation Immediately revoke laws criminalizing abortion and ensure access to safe and legal abortion services and eliminate all punitive measures against healthcare providers and institutions.
Adhere to International Health Standards Commit to upholding international health standards and obligations, including the right to health as outlined in the ICESCR.
Combat Gender-Based Discrimination Take concrete steps to address systemic gender discrimination and promote gender equality across all societal domains.
Cooperate with the United Nations Engage with United Nations human rights mechanisms, granting unrestricted access to the country. This not only enables comprehensive monitoring and reporting on the prevailing situation but also serves to enhance accessibility to sexual and reproductive healthcare assistance while addressing ongoing challenges.

Iranian women are not alone in their struggle to attain access to safe sexual and reproductive healthcare. However, Iranian women face systemic discrimination alongside the barriers to sexual and reproductive healthcare, perpetuating their subordinate status in law and ultimately endangering their lives. Iran must implement recommendations, ensuring access to improved sexual and reproductive health for all citizens.

 

Signatories:

Abdorrahman Boroumand Center for Human Rights in Iran   
Association for the Human Rights of the Azerbaijani People in Iran   
Baloch Activists Campaign  
Centre Against Racism in Iran
Haalvsh
Human Rights Activists 
Human Rights Watch 
HYRCANI 
Kurdistan Human Rights Association – Geneva 
Kurdpa Human Rights Organization 
Miaan 
OutRight International 
Rasanak 
Siamak Pourzand Foundation 
Tuhra 
World Organisation Against Torture, OMCT

 

 

For more information please contact Skylar Thompson, Director of Global Advocacy and Accountability at Human Rights Activists in Iran (HRA) skylar[at]hramail.com

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