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CIG Template Country Information and Guidance Iran: Background Information, including actors of protection and internal relocation. Version 2.0 December 2015 Preface This document provides general, background information to Home Office decision makers to set the context for considering particular types of protection and human rights claims. Where applicable, it must be read alongside the other country information and guidance material. Decision makers must consider claims on an individual basis, taking into account the case specific facts and all relevant evidence, including: the guidance contained with this document; the available COI; any applicable caselaw; and the Home Office casework guidance in relation to relevant policies. Country Information The COI within this document has been compiled from a wide range of external information sources (usually) published in English. Consideration has been given to the relevance, reliability, accuracy, objectivity, currency, transparency and traceability of the information and wherever possible attempts have been made to corroborate the information used across independent sources, to ensure accuracy. All sources cited have been referenced in footnotes. It has been researched and presented with reference to the Common EU [European Union] Guidelines for Processing Country of Origin Information (COI), dated April 2008, and the European Asylum Support Office’s research guidelines, Country of Origin Information report methodology, dated July 2012. Feedback Our goal is to continuously improve the guidance and information we provide. Therefore, if you would like to comment on this document, please e-mail us. Independent Advisory Group on Country Information The Independent Advisory Group on Country Information (IAGCI) was set up in March 2009 by the Independent Chief Inspector of Borders and Immigration to make recommendations to him about the content of the Home Office‘s COI material. The IAGCI welcomes feedback on the Home Office‘s COI material. It is not the function of the IAGCI to endorse any Home Office material, procedures or policy. IAGCI may be contacted at: Independent Chief Inspector of Borders and Immigration, 5th Floor, Globe House, 89 Eccleston Square, London, SW1V 1PN. Email: [email protected] Information about the IAGCI‘s work and a list of the COI documents which have been reviewed by the IAGCI can be found on the Independent Chief Inspector‘s website at http://icinspector.independent.gov.uk/country-information-reviews/ Page 2 of 51 Contents Preface ...................................................................................................................... 2 Contents .................................................................................................................... 3 Guidance ................................................................................................................... 5 1. Introduction ...................................................................................................... 5 1.1 Summary of issues to consider ................................................................ 5 2. Consideration of issues ................................................................................... 5 2.1 In general, are those at risk able to seek effective protection? ................. 5 2.2 In general, are those at risk able to internally relocate? ........................... 6 Country Information ................................................................................................. 7 3. History ............................................................................................................. 7 4. Economy .......................................................................................................... 7 5. Geography ....................................................................................................... 9 5.1 Geography ................................................................................................ 9 6. Iranian calendar ............................................................................................. 11 7. Constitution .................................................................................................... 11 8. Political System ............................................................................................. 11 9. Law enforcement agencies ............................................................................ 14 9.1 Overview ................................................................................................ 14 9.2 Police - Law Enforcement Forces (Niruha-ye Entezami-ye Jomhuri-ye Islami: LEF) ................................................................................................... 16 9.3 Iran Revolutionary Guard Corps (IRGC also known as Pasdaran) ......... 18 9.4 Basij ....................................................................................................... 19 9.5 Basij as ‘morality police’ ......................................................................... 22 9.6 Ministry of Intelligence and Security (MOIS) and Vezarat-e Ettela’at va Amniat-e Keshvar (VEVAK) aka Ettela’at ...................................................... 26 9.7 Human Rights Violations and Impunity ................................................... 28 10. Judiciary ........................................................................................................ 31 10.1 Organisation ........................................................................................... 31 10.2 Fair Trial ................................................................................................. 33 10.3 Summonses ........................................................................................... 36 10.4 Arrest Warrants ...................................................................................... 40 10.5 Double Jeopardy .................................................................................... 42 11. Corruption ...................................................................................................... 42 12. Freedom of movement ................................................................................... 44 Page 3 of 51 13. Citizenship & Nationality ................................................................................ 46 14. Identity Cards ................................................................................................ 48 15. Forged and fraudulently obtained documents ................................................ 48 Version Control and Contacts ............................................................................... 51 Page 4 of 51 Guidance Updated: 15 December 2015 1. Introduction 1.1 Summary of issues to consider 1.1.1 In general, are those at risk of persecution or serious harm able to seek effective protection? 1.1.2 In general, are those at risk of persecution or serious harm able to internally relocate to escape that risk? Back to Contents 2. Consideration of issues 2.1 In general, are those at risk able to seek effective protection? 2.1.1 Repressive elements within the security and intelligence forces and the judiciary retain wide powers and continue to be the main perpetrators of rights abuses in Iran. The security forces are reported not to be fully effective in combating crime, and corruption remains a serious problem. The security forces, including paramilitary forces, commit serious abuses including acts of violence against protesters, arbitrary arrest, arbitrary and unlawful detention, unlawful killings, disappearances, incommunicado detention in poor conditions, torture and other ill-treatment with impunity. Amputations, floggings, increased application of the death penalty are also cause for concern (see Law enforcement agencies). 2.1.2 Although there is a functioning criminal justice system, there are numerous reports that the court system is subject to political interference, bribery and ubiquitous corruption, and that trials including those which award the death penalty, disregard international standards of fairness. Defendants are denied access to representation, the right to appeal, and judges commonly accept coerced confessions,disregard torture or abuse during detention and ignore evidence offered by the defence. There are also reports of lawyers and human rights defenders being banned and jailed for taking on politically sensitive cases. There was little or no improvmement in access to justice or the rule of law in Iran in 2014 and there continue to be reports of politically motivated charges, a lack of due process, and regime officials, security and intelligence forces continuing to enjoy a high level of impunity (see Judiciary). 2.1.3 If the person‘s fear is of ill-treatment/persecution by the state authorities, or by agents acting on behalf of the state, it is unreasonable to consider they would be able to avail themselves of the protection of the authorities. 2.1.4 If the ill-treatment/persecution is at the hands of non-state agents, then the provision of effective state protection is likely to be undermined by the security forces’ inefficiency and corruption as well as unfair trials and a lack of due process. Decision makers must however assess whether effective protection is available in relation to the particular circumstances and profile Page 5 of 51 of the person. Any past persecution and past lack of effective protection may indicate that effective protection would not be available
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