Human Rights and the Kurds in Iran

KHRP Briefing Paper Last Updated 26 August 2009

Summary

Amid the mass protests that erupted following suspected vote-rigging in the presidential elections in Iran in June 2009, headlines around the world highlighted the excessive use of force, extrajudicial killings, arbitrary detentions and severe restrictions on freedom of expression that characterised the official response. However, while the human rights situation in Iran deteriorated sharply during this period, the unfortunate reality is that abuses of this kind are nothing new. What is more, in a context defined by institutionalised disregard for international human rights standards, members of ethnic, cultural, linguistic and religious minorities – including Kurds, Arabs, Azeris and Baha’is – are especially at risk. With the Iranian authorities inclined to treat much minority activism – whether social, cultural or political – as bound up in an overall separatist threat, individuals from these communities are frequently arbitrarily arrested and held incommunicado, often accused of vaguely-worded crimes relating to national security. This paper gives a brief overview of the modern history of the Kurds in Iran and of the international and domestic legal framework in relation to the human rights situation that they and other Iranians face today. It goes on to explore entrenched patterns of human rights violations in Iran through analysis of four key themes: discrimination on grounds of gender and ethnicity; arbitrary detention; torture and ill-treatment in custody; and corporal and capital punishment. While most of these issues affect Iranians from all backgrounds, this paper focuses on their implications for members of minority groups, especially Kurds, in light of their particular vulnerability. In the wake of the post-elections unrest, the evidence and analysis presented here underscores the importance of keeping human rights concerns squarely at the forefront of international engagement with Iran.

1 INTRODUCTION text messaging and filtering of websites in the wake of the elections, but is also Amid the mass protests that erupted in seen in longer-term measures such as response to suspected vote-rigging in arbitrary arrests and prosecutions of the presidential elections in June 2009, journalists, human rights defenders and the human rights situation in Iran other activists. Such individuals are became front-page news. In the weeks frequently accused of national security- that followed the disputed vote, related crimes such as the capital headlines around the world highlighted offence of moharabeh, or ‘waging war the excessive use of force, extrajudicial against God’.2 killings, arbitrary detentions and severe restrictions on freedom of expression Torture and other forms of ill-treatment that characterised the official response in custody are commonplace and Iran’s to the popular unrest. However, while statute books also allow for various the human rights situation in Iran forms of corporal punishment. deteriorated sharply during this period, Furthermore, the country remains one the unfortunate reality is that abuses of of the world’s most prolific users of the this kind are nothing new. death penalty.

The Iranian authorities’ notorious The crackdown that followed the recent disregard for human rights and post-election unrest is thus fundamental freedoms has implications distinguished by the scale of the abuses for all of the country’s citizens, in all witnessed, rather than their nature. aspects of life. At the level of While all in Iran are vulnerable to such governance, the power structure of the abuses, the situation is particularly Islamic Republic pays little heed to civil alarming for Kurds and members of and political rights. Although elections other cultural, ethnic, linguistic and are held for both the presidency and the religious minorities. Although the parliament, the allegations of authorities claim that the rights of widespread fraud during the recent minorities are protected in accordance vote underscored deep concerns about with Articles 12 and 19 of the the fairness of this process.1 What is constitution, which formally guarantee more, the influence granted to a series equal rights for followers of other of unelected and largely unaccountable Islamic doctrines (besides the officially- institutions effectively counters any sanctioned school of Twelver Shi’ism) scope for democratic decision-making and ethnic minorities respectively, by elected officials. reality past and present paints an altogether different picture. Political At the same time, freedom of expression activity on the basis of Kurdish identity and freedom of association are routinely curtailed. This was illustrated by the government’s blocking of 2 In the wake of the disputed election, communication technologies such as Mohammadreza Habibi, prosecutor-general of the province of Isfahan, pointedly reminded protestors that the punishment 1 See for example Guardian, ‘Iran Elections: for this offence is death. See Human Rights Guardian Council to Examine Vote-Rigging Watch, ‘Iran: Halt the Crackdown,’ 19 June Claims,’ 18 June 2009, available at 2009, available at http://www.guardian.co.uk/world/2009/j http://www.hrw.org/en/news/2009/06/1 un/18/iran-protest-mourning (last accessed 9/iran-halt-crackdown (last accessed 25 25 August 2009). August 2009).

2 is banned in Iran3 and in practice the put the number of Kurds living within authorities treat much Kurdish activism Iran’s borders at somewhere between 7 – whether social, cultural or political – and 9 million, approximately 12 to 15 as linked to an overall ‘separatist’ per cent of the total population. threat. As a result, Kurds are disproportionately targeted using Tensions between the Iranian security legislation. Such attitudes have authorities and the country’s Kurdish hardened since 1991, as Iran and other community date back long before the states in the region have increasingly advent of the Islamic Republic. In viewed the consolidation of self-rule in perhaps the most high-profile instance the Kurdish regions of Iraq as a threat to of such strains, a revolt by Qazi their own security. Mohammed and the Kurdistan Democratic Party of Iran (KDPI) against This paper gives a brief overview of the the central government in the wake of modern history of the Kurds in Iran and the Second World War peaked with a of the international and domestic legal declaration on 22 January 1946 framework in relation to human rights. announcing the establishment of the It goes on to explore the current human Republic of Kurdistan in the north-west rights situation in Iran from the point of of the country. Also known as the view of four key themes: discrimination Mahabad Republic after the city in on grounds of gender and ethnicity; which it was founded, this entity is arbitrary detention; torture and ill- frequently spoken of as a short-lived treatment in custody; and corporal and instance of independent Kurdish capital punishment. While these issues statehood, though the initial manifesto affect Iranians from all backgrounds, drafted by the KDPI was far less precise, this paper focuses on their implications calling for ‘Kurdish independence for Kurds in particular, and also for within the borders of Persia’. Whatever members of other minorities, in light of the aspirations of its founders, Shah their particular vulnerability. Mohammed Reza Pahlavi viewed the Mahabad Republic as a clear challenge THE KURDS IN IRAN: A SHORT to Iranian territorial integrity and HISTORY quickly resolved to expunge all traces of Kurdish ‘nationalism’. In December Kurds in Iran are the second largest 1946, the entity fell to the Iranian armed minority group after the Azeris, and live forces. Qazi Mohammed was arrested, mostly in the western provinces of tried and hanged in Mahabad’s central Kordestan, Azerbaijan and square on 31 March 1947 and mass Kermanshah. The province of executions took place in a number of Kordestan is one of the most deprived other towns. in the country, relying largely on farming and agriculture for income. A Two years later, following an small Kurdish enclave also populates assassination attempt against the Shah the north-eastern city of Mashhad in in February 1949, the authorities Khorasan province, near the Afghan systematically cracked down on border. A lack of census data makes it democratic movements throughout the difficult to determine the size of the country, including the Kurdish regions, Kurdish population, but most estimates and hundreds of KDPI members and sympathisers were jailed. 3 Kerim Yıldız and Tanyel B. Taysi, The Kurds in Iran: The Past, Present and Future, Amid the upheaval of the Iranian (Pluto Press, London, 2007), 37-40. revolution in 1978 and 1979, Kurds once

3 again sought to advance their interests. continues to define the status of the In April 1979 the KDPI presented a Kurds and other minorities in Iran to comprehensive plan for autonomy this day, with serious implications for within Iran to Ayatollah Ruhollah their human rights. Khomeini. The plan contained provisions for an elected Kurdish In the aftermath of the war and parliament, local management of following the death of Khomeini, the provincial government departments presidencies of Ali Akbar Hashemi and the elevation of Kurdish to the Rafsanjani and Mohammed Khatami status of official provincial language brought much speculation about a new alongside Persian. ‘pragmatic’ approach in both foreign and domestic policy. For the Kurds and Khomeini, accusing the Kurds of other minorities however, human rights seeking independence, flatly rejected violations have remained a constant. the KDPI autonomy plan. His The hopes for reform sparked by governing principle of velayat-e-faqih Khatami’s electoral victory in 1997, for (rule of the supreme jurist) effectively example, rapidly turned into institutionalised the primacy of Twelver disappointment for activists, students Shi’ism, to the detriment of the majority and other critics of the regime, Sunni Kurds. He also declared the very including Kurds. Hardliners who felt concept of ethnic minorities to be threatened by Khatami’s reformist contrary to Islamic rule and accused the platform hit back by increasingly Kurds of attempting to undermine the targeting ethnic and religious unity of the nascent Islamic Republic. minorities. The repression of Kurds Patterns of the past repeated themselves escalated to such an extent that in 2001 in the immediate aftermath of the all six Kurdish members of parliament revolution, as Kurdish peshmerga (armed resigned in protest.4 fighters) clashed frequently with the Pasdaran (Iranian Revolutionary Guard, THE INTERNATIONAL AND literally translated as ‘Guardians’). DOMESTIC HUMAN RIGHTS FRAMEWORK The Iran-Iraq war, which began in 1980 and was to last over eight years, proved Iran is party to several international to be disastrous for the Kurds, caught as human rights treaties and conventions, they were between the fighting and most of which were signed and ratified regarded by both warring parties as a prior to the revolution. These included potential ‘fifth column’. Iranian Kurds the Convention for the Elimination of suffered heavily from Iraqi use of Racial Discrimination (CERD), the chemical weapons, including mustard International Covenant on Civil and gas, and from Iranian incursions into Political Rights (ICCPR) and the Iraqi territory, with as many as 2,000 International Covenant on Economic, square kilometres of Kordestan being Social and Cultural Rights (ICESCR). cleared, resulting in tens of thousands of Kurdish refugees. The conflation of assertions of minority identities with 4 challenges to the unity of Iran and to the Michael Rubin and Patrick Clawson, ‘Patterns of Discontent: Will History Repeat security of the Tehran regime, which Itself in Iran?’ Middle East Review of was already apparent under the Shah, International Affairs, March 2006, available at was thus reconfirmed by Khomeini and http://www.meforum.org/921/patterns- heightened during the war. As will be of-discontent-will-history-repeat-in-iran shown in this paper, this attitude (last accessed 25 August 2009).

4 Following the advent of the Islamic discrimination. For example, as a party Republic, the government of Hashemi to the ICCPR, Iran is obliged to provide Rafsanjani signed the Convention on the each of its citizens with equal protection Rights of the Child (CRC) in September before the law, regardless of race, 1991 and ratified it in July 1994. Iran colour, sex, language, religion or has, however, expressed wide-ranging political opinion.6 In reality, however, reservations to acceptance of the CRC, discrimination on grounds of gender, stating in particular that it ‘reserves the religion and ethnicity are endemic in right not to apply any provisions or Iran. As this paper will show, beyond articles … that are incompatible with being a human rights violation in its Islamic Laws’.5 own right, such discrimination also paves the way for further abuses like Iran has yet to sign or ratify either the arbitrary arrest, torture and execution. Convention on the Elimination of All Forms of Discrimination against Gender-based discrimination Women (CEDAW) or the Convention against Torture (CAT). Although Iran has not signed CEDAW, clauses within the ICCPR oblige its Certain articles of Iran’s constitution government to uphold certain specific also offer some formal guarantees of standards with respect to women’s basic human rights. These include, for rights. Article 3 for instance, states that, example, provisions against ‘The States Parties to the present discrimination and a ban on torture. Covenant undertake to ensure the equal These clauses, and their application in right of men and women to the practice, will be explored in more detail enjoyment of all civil and political rights in the course of this briefing paper. set forth in the present Covenant.’7 Iran is also obliged by Article 21 (1) of its HUMAN RIGHTS AND THE KURDS own constitution to ‘create a favourable IN IRAN environment for the growth of a woman’s personality and the This section will explore common restoration of her rights, both… material patterns of human rights violations via and intellectual.’8 four key themes: discrimination on grounds of gender religion and Despite international and constitutional ethnicity; arbitrary detention; torture commitments, however, the reality of and ill-treatment in custody; and the situation facing women in Iran has corporal and capital punishment. been described by the UN Special Rapporteur on Violence against Women Discrimination as ‘a State-promoted institutional structure based on gender-biased, hard- Iran’s obligations under international law, and provisions within its domestic legal framework, establish principles of protection against various forms of 6 Article 26, International Covenant on Civil and Political Rights, available at http://www2.ohchr.org/English/law/ccpr. 5 United Nations Treaty Collection, available htm (last accessed 25 August 2009). at 7 Article 3, ICCPR. http://treaties.un.org/Pages/ViewDetails.a 8 International Constitutional Law, ‘Iran – spx?src=TREATY&mtdsg_no=IV- Constitution,’ available at 11&chapter=4&lang=en (last accessed 25 http://www.servat.unibe.ch/law/icl/ir000 August 2009). 00_.html (last accessed 22 July 2009).

5 line interpretations of Islamic men are convicted and executed for this principles’. 9 offence.12

Core pieces of legislation pave the way The real-life impact of such laws is for institutionalised gender-based illustrated by the case of Shamameh discrimination. Amongst the most Ghorbani, a Kurdish woman who was obvious everyday examples are the sentenced to death by stoning for stringent regulations governing adultery in June 2006 after her husband women’s clothing. The Penal Code and brothers found her in her home states that any woman who appears in with a man, and reacted by murdering public without ‘proper’ hijab should be him and stabbing her, leaving her imprisoned from ten days to two severely injured. Ms Ghorbani claimed months or receive a fine of 50,000 to she subsequently confessed to adultery, 500,000 rials, regardless of her religious even though she was not guilty of the faith.10 offence, in order that the murder would be seen as being motivated by ‘honour’ Besides providing for control over the and her husband and brother would be minutiae of women’s lives in such ways, spared punishment. She was later Iranian law exposes women to abuse condemned to death, though in August and violence insofar as it fails to offer 2008 the death sentence was overturned them basic forms of protection. For and replaced with 100 lashes.13 example, rape victims are required to secure testimony from four male Activists engaged in promoting eyewitnesses, or from three men and women’s rights are targeted particularly two women, in order to prove their case. harshly by the security forces. Those who fail to do so risk being Intelligence Minister Gholamhossein charged themselves with ‘illicit sexual Ejei has described women and student relations’. Iranian law also effectively movements as part of ‘the enemy’s new sanctions ‘honour’ killings, since strategy’ to finance and organise murder is not punishable if it is domestic opposition.14 committed in order to defend one’s ‘honour’ or the ‘honour’ of relatives.11 The attitude of the Iranian authorities to Moreover, whilst both men and women those who advocate for greater gender can be sentenced to death by stoning for equality is illustrated by the case of adultery under the Iranian Penal Code, Ronak Safazadeh and Hana Abdi, the discriminatory legal framework means that many more women than 12 Geoffrey Cameron and Tahirih Danesh, A Revolution Without Rights? Women, Kurds and 9 Yakin Ertürk, ‘Report of the Special Baha’is Searching for Equality in Iran, (Foreign Rapporteur on Violence Against Women, its Policy Centre, London, 2008), 37. Causes and Consequences,’ (United Nations 13 Amnesty International UK, ‘Iran: Woman Economic and Social Council, 26 January faces 100 lashes for adultery,’ 14 August 2006), 3. 2008, available at 10 See Article 638 of the Penal Code. http://www.amnesty.org.uk/news_details. 11 Amnesty International, Iran: Human Rights asp?NewsID=17861 (last accessed 25 August Abuses Against the Kurdish Minority (2008), 2009). 16. Available at 14 Iran Focus, ‘Women bear brunt of http://www.amnesty.org/en/library/asset Tehran’s crackdown’, 28 April 2007, /MDE13/088/2008/en/d140767b-5e45- available at 11dd-a592- http://www.iranfocus.com/en/index.php? c739f9b70de8/mde130882008eng.pdf (last option=com_content&task=view&id=11036 accessed 25 August 2009). (last accessed 25 August 2009).

6 members of the One Million Signatures low as 46 per cent among women in Campaign for women’s rights who were rural areas.18 arrested in Kordestan in November 2007. Both women were subjected to Religious Discrimination solitary confinement whilst in prison. On 13 April 2009, Safazadeh was In addition to gender-based sentenced to six years’ imprisonment by discrimination, discrimination against a court in Sanandaj for ‘spreading followers of religions and sects other propaganda against the state’.15 Around than the officially-sanctioned Ja’afari the same time, a seven-month prison school of Twelver Shi’ism is systematic sentence against Abdi was overturned and worsening in Iran. The European only to be replaced with a fine Union, speaking through the Czech equivalent to approximately $30,000.16 presidency, recently issued a Abdi’s lawyer had been denied access to condemnation expressing ‘deep her during questioning, and the concern’ about the ‘increasing violation’ presiding judge refused to consider the of religious freedom in Iran.19 Religious defence counsel’s arguments, relying discrimination impacts on the country’s only on statements obtained from Kurdish community, who are interrogations. predominantly Sunni Muslims.

It is therefore clear that in the practices Such discrimination prevails despite of the authorities, as well as in the letter Iran’s commitment under the ICCPR of the law, gender-based discrimination and the ICESCR to allow its citizens the remains a pervasive problem right to hold or adopt a religion or belief throughout Iran. This includes the of their choice.20 The ICCPR also Kurdish regions of the country, where provides for the right to ‘manifest’ one’s rapes, murders and suicides of women religion through ‘worship, observance, are rarely investigated.17 What is more, practice and teaching.’21 The Iranian legal barriers to gender equality are constitution also contains clauses which exacerbated by socio-economic factors purport to safeguard freedom of in the Kurdish regions. Slow socio- religion. For example, Article 14 of the economic development affects women constitution pledges respect for the disproportionately, whilst the human rights of all non-Muslims. patriarchal social architecture dominant Article 23 of the constitution also states in Kordestan is directly translated into that ‘the investigation of individuals’ men having the final say on any matter beliefs is forbidden’ and that ‘no one pertaining to the life of female relatives. As a consequence, Kordestan has one of the most alarming female literacy rates 18 Ibid., 19. in the country, with the figure being as 19 Czech Presidency of the European Union, ‘Declaration by the Presidency on behalf of the European Union on the violation of 15 The Observatory, ‘Iran: Ongoing judicial religious freedom in Iran,’ available at harassment against women human rights http://www.eu2009.cz/en/news-and- defenders’, 21 April 2009. documents/cfsp-statements/declaration-by- 16 International Campaign for Human Rights the-presidency-on-behalf-of-the-european- in Iran, ‘Hana Abdi,’ available at union-on-the-violation-of-religious- http://www.iranhumanrights.org/2009/03 freedom-in-iran-23914/ (last accessed on 25 /hana-abdi/ (last accessed 25 August 2009). August 2009). 17 Amnesty International, Iran: Human Rights 20 See Article 2, Section 2 of the ICESCR and Abuses Against the Kurdish Minority, fn. 11 Article 18 of the ICCPR. above, 16. 21 Article 18, Section 1 of the ICCPR.

7 may be molested or taken to task simply Members of the Ahl-e-Haq faith (also for holding a certain belief.’ known as Yaresan), most of whom are ethnic Kurds, also face particular In practice, however, only members of discrimination. An order from the religions recognised by the Iranian state Governor General of the province of – that is, Muslims, Zoroastrians, Jews Kermanshah issued on 22 October 2007 and Christians – enjoy any degree of proclaimed that the construction of Ahl- protection under such clauses. Religious e-Haq places of worship known as Jam’e- discrimination is often justified, in legal khane had ‘no basis, legally or with terms, with reference to activities respect to the Sharia’.24 In July 2006, against Islam and conspiracy against the KHRP wrote to the UN Office of the Iranian state. In this respect, it is worth High Commissioner for Human Rights noting that Article 14 of the constitution (OHCHR) on behalf of a Kurdish specifically stipulates that the pledge of member of Ahl-e-Haq who had been an respect for the rights of non-Muslims officer in the Iranian air force and had excludes those who engage in concealed his faith for ten years. Upon it ‘conspiracy activity against Islam and being discovered, he suffered the Islamic Republic of Iran’. psychological torture, was stripped of his military rank and his pay was cut. Members of the Baha’i faith, which the state has branded a ‘perverse sect’, In spite of their official legal standing, suffer particularly harsh Sunni Muslims in Iran, who are largely discrimination,22 including restrictions members of ethnic minorities such as on access to education and employment. the Kurds, are also reported to face The fact that their spiritual headquarters human rights violations. In 2008, for are located in Israel means they are also example, a Sunni cleric named Ayoub frequently accused of national security- Ganji disappeared for 13 days after related offences. In March and May delivering a sermon in Sanandaj. Upon 2009, for example, seven members of a his release by the authorities, he group that deals with Baha’i religious reportedly showed signs of severe and administrative affairs were arrested trauma including not recognising his and subsequently held without access to wife and child.25 Sunni mosques have lawyers. In mid-July planned trial also been targeted by security forces. proceedings against them were delayed. For example, on 27 August 2008, the They were reportedly likely to have Abu Hanifa Mosque in the city of Zabol faced charges of ‘corruption on earth’, was demolished and many of its ‘espionage for Israel’, ‘insulting students and staff arrested. Soon after, religious sanctities’ and ‘propaganda relatives of those arrested were against the system’ and could have been themselves targeted by security forces sentenced to death.23 and arbitrarily detained.26 Moreover, Sunnis have pointed to the absence of a Sunni mosque in Tehran and have

22 UK Foreign and Commonwealth Office, ‘Annual Human Rights Report 2008’, 141. 23 Amnesty International, ‘Trial of Seven Baha’i Religious Minority Members Delayed 24 Amnesty International, Iran: Human Rights in Iran,’ 14 July 2009, available at Abuses Against the Kurdish Minority, fn. 11 http://www.amnesty.org/en/news-and- above, 47. updates/news/trial-seven-bahai-religious- 25 Ibid., 8. minority-members-delayed-iran-20090714 26 Peter Tatchell, ‘Iran’s war on Sunni (last accessed 25 August 2009). Muslims,’ Guardian, 16 October 2008.

8 complained of the authorities’ alleged arbitrary arrest and prosecution on the refusal of permission to construct one.27 pretext of national security.

A further matter of serious concern in Arbitrary Detention Iran is the situation of those from a Muslim background who convert to Shortcomings in the rule of law and another religion. In the summer of 2008, weaknesses in the judicial system in Iran the parliament approved a draft bill help pave the way for a culture of including provision for the death impunity and unaccountability among penalty for men who convert to another state officials, vastly increasing the religion from Islam. The bill passed with possibilities of arbitrary arrest and a staggering majority, with 196 votes for prosecution. Erosion of international fair and only seven against, despite directly trial principles is exacerbated by the fact contravening Iran’s commitments under that judges are given significant international law.28 freedom over whether to apply the Penal Code or Sharia Law.29 Discrimination on Grounds of Ethnicity, Punishments are often entirely at the Culture and Language discretion of the presiding judge, to the extent that court appearances have been Discrimination also affects members of described as ‘like playing Russian ethnic, cultural and linguistic minorities Roulette.’30 When a particular minority in Iran. This is despite positive clauses group, such as the Kurds, is identified in the country’s own constitution. as presenting a broadly-defined Article 19 of the constitution, for ‘separatist’ or ‘security’ threat, the scope example, states that traits such as for human rights violations becomes colour, race and language ‘do not even wider. bestow any privilege’. Whilst defining Persian as the official language of Iran, The number of arbitrary arrests has Article 15 of the constitution allows for peaked dramatically since the June 2009 the use of ‘regional and tribal presidential elections with hundreds, languages’ in print media and in school possibly even thousands, thought to literature, and in practice the existence have been detained during the unrest of Kurdish media is broadly tolerated. that followed.31 In fact, detentions had also already reportedly risen However, in a political context defined substantially in the run-up to the vote. by the Iranian authorities’ fear of separatism, expressions of minority 29 Danish Refugee Council, ‘Human Rights identity are often seen as connected Situation for Minorities, Women and with conspiracy against the state. Converts, and Entry and Exit Procedures, ID Journalists, activists and teachers who Cards, Summons and Reporting,’ September assert their Kurdish identity or who 2008, available at engage in social or political criticism are http://www.nyidanmark.dk/NR/rdonlyre therefore frequently targeted with s/90D772D5-F2DA-45BE-9DBB- 87E00CD0EB83/0/iran_report_final.pdf (last accessed 24 August 2009). 27 US Department of State, Iran:International 30 Ibid., 24. Religious Freedom Report, 2008, available at 31 See for example Guardian, ‘Iran Election: http://www.state.gov/g/drl/rls/irf/2008/ Faces of the Dead and Detained,’ available 108482.htm (last accessed 23 August 2009). at 28 Alasdair Palmer, ‘Hanged for being a http://www.guardian.co.uk/world/interac Christian in Iran’, Daily Telegraph, 11 tive/2009/jun/29/iran-election-dead- October 2008. detained (last accessed 22 July 2009).

9 According to figures published by Arbitrary detention is also used to Amnesty International, over 220 silence journalists who speak out individuals, many of them from ethnic against the political and social status or religious minorities, were subject to quo. For example, Kurdish journalist arbitrary arrest or other measures Massoud Kurdpour was reportedly between December 2008 and February arrested at his home in Bokan on 9 2009 alone.32 August 2009 and subsequently charged with ‘propaganda against the regime’ The practice of arbitrary arrest and because of interviews he had conducted detention has been frequently applied to with foreign media. He was apparently Kurdish activists. Such abuses are sentenced to a year in prison in October illustrated by the case of Mohammed 2009.35 On 28 August 2009, another Sadiq Kaboudvand, who established the Kurdish journalist, Anvar Sa’idi Human Rights Organisation of Muchashi, was reportedly arrested Kurdistan in 2005. For this, he was along with his cousin by security forces arrested in June 2007 and subsequently in Sanandaj and taken to an unknown charged with a series of offences location. A day prior to his arrest, he relating broadly to national security and had apparently received a call from an criticism of the regime, including individual identifying himself as a ‘widespread propaganda against the security official, who told him that he system’, ‘advocating on behalf of had ‘crossed the red lines’.36 political prisoners’ and ‘opposing Islamic penal laws’.33 Over the course of Torture and Ill-Treatment his detention in Tehran’s Evin Prison, he has been subjected to prolonged Opposition figures and activists who periods of solitary confinement and his are taken into custody in Iran frequently access to family has been restricted. He face torture and ill-treatment, largely as reportedly suffers from serious health a result of the lack of accountability and problems, including high blood oversight within the detention system. pressure, kidney pains and prostate disease, and has been denied adequate Article 38 of the Iranian constitution medical care. In December 2008, he is explicitly prohibits torture and rules said to have suffered a heart attack in that any testimony or confession detention.34 obtained under duress is ‘devoid of value and credence’. However, several specific provisions within the Penal Code and other key pieces of legislation 32 Amnesty International, ‘Iran: Worsening increase the scope for torture or other repression of dissent as election forms of ill-treatment during criminal approaches’, 1 February 2009, available at http://www.amnesty.org/en/library/asset 35 Committee to Protect Journalists, ‘As /MDE13/012/2009/en/6355979b-f779- media arrests mount, Iran solidifies 11dd-8fd7- dishonour,’ available at f57af21896e1/mde130122009en.html (last http://cpj.org/2009/07/as-media-arrests- accessed 21 August 2009). mount-iran-solidifies-a-dishonor.php (last 33 International Campaign for Human Rights accessed 10 August 2009). in Iran, ‘Prominent Human Rights Defender 36 Committee to Protect Journalists, ‘Two Sentenced to 10 years in Prison’, 28 October journalists held without charge’, 3 2008. September 2008, available at 34 International Campaign for Human Rights http://cpj.org/2008/09/two-journalists- in Iran, ‘Life of Imprisoned Human Rights held-without-charge.php (last accessed 21 Defender in Danger’, 19 December 2008. August 2009).

10 investigations. For example, defendants has reportedly been held in cold and only have the right to a lawyer after an filthy conditions, subjected to solitary investigation has been completed and confinement for lengthy periods and charges have been lodged, leaving long deprived of contact with his family. It is periods of incommunicado detention also reported that his relatives were when security and prison forces are arrested. On one occasion, Kamangar is almost completely unaccountable.37 said to have been flogged for replying ‘Kurd’ when asked about his origins. He There have been widespread reports of also apparently faced abuse because of a torture and ill-treatment of individuals Kurdish ringtone on his mobile who were detained following the June telephone and because of his Sunni 2009 elections, including allegations that Muslim background.39 At the time of some were raped in prison.38 Such writing, Kamangar is believed to still be abuses, however, were already common in detention and to be at risk of in Iran long before the latest unrest. imminent execution.

The case of Farzad Kamangar Patterns of abuse in the Iranian exemplifies the link between lack of detention system are further illustrated accountability and the perpetration of by the example of Habibollah Latifi, a torture and ill-treatment in the Iranian 27-year-old engineering student and detention system. KHRP has been active social activist who was arrested in in urging UN human rights October 2007 in Sanandaj and whose mechanisms to take steps to protect case KHRP has also raised with UN Kamangar, who was detained by police human rights mechanisms. Latifi was in July 2006 and appeared to have been later convicted behind closed doors in targeted as a consequence of his connection with his alleged membership Kurdish ethnicity, human rights work of a Kurdish opposition party and was and journalism. He was eventually sentenced to death in July 2008. As a convicted of ‘endangering national result of abuses in custody, he is security and being a member of the reported to have suffered broken bones, Kurdistan Workers’ Party’ in a trial that major cuts to his face and internal lasted five minutes, and was sentenced bleeding. His lower lip was reportedly to death. During the time that he has torn off, and he is also said to have been held in Evin Prison and other suffered continuous internal bleeding in detention centres, Kamangar is reported his eyes and nose as a result of being to have faced sustained abuse in hung upside down for hours at a time. custody. In a text purporting to be his testimony, which has been widely In many cases, there is evidence to circulated on the internet, he describes suggest that torture and ill-treatment in being flogged with a length of hose, Iranian detention centres has gone so far beaten unconscious, subjected to electric as to result in the victim’s death. In shocks and threatened with rape. He January 2008, for example, security forces arrested Ebrahim Lotfallahi, a Kurdish university student in Sanandaj, 37 Amnesty International, Iran: Human Rights as he was leaving an exam. Nine days Abuses Against the Kurdish Minority, fn. 11 later, Lotfallahi’s family were informed above, 41. that he had committed suicide in 38 See for example BBC News, ‘Probe urged into Iran jail “rape”,’ available at http://news.bbc.co.uk/1/hi/world/middle 39 Amnesty International, Iran: Human Rights _east/8192660.stm (last accessed 10 August Abuses Against the Kurdish Minority, fn. 11 2009). above, 52-57.

11 detention. Officials apparently buried punishment has been a mounting his body at night without the family’s concern during President permission and requests for an autopsy Ahmadinejad’s time in power. were denied. After protests by his relatives, who had visited Lotfallahi The most common form of corporal following his arrest and refused to punishment in Iran is flogging, which is believe that he had committed suicide, employed for a variety of offences intelligence officials reportedly filed ranging from murder to adultery (where charges against them.40 the adulterer is unmarried)42 and homosexuality (in cases where a In another example, Zahra Bani defendant is judged to be ‘immature’).43 Yaghoub, a 27-year-old medical Amputation can be applied as a graduate from Tehran University, died punishment in cases of theft. Crimes in custody after being arrested by punishable by death include murder, morality police in October 2007 whilst incest, rape, adultery, fornication, same- walking with her fiancé in a park in sex sexual conduct, drinking alcohol, Hamedan. Officials again said that cursing the Prophet, ‘enmity with God’ Yaghoub had committed suicide, but (moharabeh) and ‘corruption on earth’. family members who had spoken to her The last two crimes are vaguely defined shortly before the reported time of her but include, amongst other things, a death refused to believe this. 41 range of security-related offences. 44 In addition to judicially-sanctioned Certain detention centres have corporal punishments, militia such as developed a particularly alarming the Basij also inflict impromptu beatings reputation for torture and ill-treatment. and other forms of violence against One such facility is Tehran’s notorious citizens in the streets, as was seen on a Evin Prison, already mentioned in this large scale in the wake of the 2009 paper in connection with the cases of elections.45 Kaboudvand and Kamangar. Evin Prison, and in particular Section 209, In 2007, approximately 317 people were which falls under the jurisdiction of the executed in Iran, representing a 50 per Ministry of Intelligence, is routinely cent increase on the previous year.46 It used to hold political prisoners. There was reported that at least 346 executions exists little to no independent scrutiny were carried out in 2008, a further of conditions and practices at the facility and its inmates thus face a constant threat of abuse.

Corporal and Capital Punishment 42 Article 88, Islamic Penal Code of Iran. 43 Articles 112-113, Islamic Penal Code of Iran’s application of the death penalty Iran. and of various forms of corporal 44 Human Rights Watch, The Last Holdouts: Ending the Juvenile Death Penalty in Iran, Saudi Arabia, Sudan, Pakistan and Yemen, 40 International Campaign for Human Rights September 2008, 4. in Iran, ‘Impunity Ad Infinitum’, 4 February 45 See for example BBC, ‘Will Iran’s Basij 2008. Stay Loyal?’ 13 August 2009, available at 41 Radio Free Europe/Radio Liberty, ‘Iran: http://news.bbc.co.uk/1/hi/world/middle Female Doctor’s Prison Death Causes _east/8200719.stm (last accessed 25 August Outcry,’ November 23 2007, available at 2009). http://www.rferl.org/content/article/1079 46 Amnesty International, ‘Iran flies in face 182.html (last accessed 22 July 2009). of global execution trend’ 29 July 2008.

12 increase of 9 per cent on 2007’s total.47 Also deeply alarming is the fact that This puts Iran second only to China in Iran is the most prolific executioner of the total number of executions carried juveniles in the world. While Article 49 out in the course of the year. of the Iranian Penal Code exempts children from criminal responsibility, While KHRP is categorically opposed to the same legislation defines a child as the death penalty under any someone who has not yet reached circumstances, its use in Iran is puberty. This is set in the 1991 Civil especially alarming given the Code as 15 lunar years for boys and nine prevalence of unfair trials and use of for girls.48 This conflicts with the torture to extract confessions. The death standards set out in the ICCPR and the penalty is also frequently applied in CRC, both of which assert that the death cases linked to the accused’s exercise of penalty shall not be imposed for crimes their right to freedom of expression. committed by individuals below the age of 18.49 For example, KHRP has been active in appealing to UN human rights Between 2004 and 2009 Iran executed 33 mechanisms in relation to the case of children. 50 For example, On 4 December Adnan Hassanpour, a regular 2007, Iran executed Kurdish juvenile contributor to Kurdish-language offender Makwan Molouzadeh on publications who had also published a charges relating to the alleged rape of book on Kurdish history and culture. three boys, an incident which Hassanpour was arrested in January apparently took place when the 2007 and detained in a facility in defendant was 13. His accusers Marivan. His family were not informed withdrew their allegations during the of his whereabouts or his condition for trial proceedings, apparently stating 61 days. Nor were they, Hassanpour’s that they had either lied or had been lawyers or Hassanpour himself given forced to confess.51 There are currently any reason for his arbitrary arrest and at least 160 juveniles on death row in detention. The only information that Iran.52 family members did receive came from a fellow prisoner of Hassanpour’s, who In October 2008 the Iranian judiciary alleged that prison officials had reportedly introduced a moratorium on subjected him to physical and executions of adolescents, thereby psychological torture. In these halting 100 executions. However, being circumstances, his family believed his arrest to be motivated largely by his 48 Human Rights Watch, The Last Holdouts: writings on the historical and Ending the Juvenile Death Penalty in Iran, contemporary position of Kurds in Iran. Saudi Arabia, Sudan, Pakistan and Yemen, fn. In July 2007, he was convicted on 44 above, 5. security charges and sentenced to death. 49 CRC Article 37, ICCPR Article 6. Although the sentence was finally 50 Foreign Policy Centre, From Cradle to overturned by the Tehran Supreme Coffin: a report on Child Executions in Iran Court in the autumn of 2008, his case (2009), 13. Available at was subsequently returned to a lower http://fpc.org.uk/fsblob/1063.pdf (last court in Sanandaj. accessed 25 August 2009). 51 Amnesty International, Iran: Human Rights

Abuses Against the Kurdish Minority, fn. 11 above, 40. 47 Amnesty International, ‘Cruel, 52 Foreign Policy Centre, From Cradle to discriminatory, unfair and degrading – the Coffin: a report on Child Executions in Iran, fn. death penalty in 2008,’ 23 March 2009. 50 above, 13.

13 based on an administrative circular to the unity and stability of the Iranian rather than law, the moratorium is not state. The situation is even more binding for judges.53 It also appears that alarming for those individuals brave determination of a juvenile offender’s enough to publicly question the political real age is often overlooked by the and social status quo, or to advocate for authorities. This was certainly the case greater respect for the human rights of for Atefeh Sahaaleh Rajabi, who was members of marginalised groups. executed in 2004 for ‘acts incompatible with chastity’. Based on her physical The cases highlighted in this paper appearance, the judge overseeing her represent a small cross-section of the case documented that she was 22 years repression faced by Kurds and others in old, while her real age at time of Iran. Such abuses are facilitated by execution was only 16.54 discriminatory legislation and a host of legal provisions that run counter to Iranian Judicial protocol is also often Iran’s obligations under international violated when children are sentenced to human rights law. They are also death, in particular as regards the grounded in weaknesses in the rule of authorities’ duty to issue a 48-hour law, a lack of transparency in the notice prior to execution. In April 2009, judicial and penal systems, and a for example, Ayatollah Shahroudi culture of impunity for state officials. issued a two-month stay on the execution of Delara Darabi, who had In the context of Tehran’s nuclear been sentenced to death for a murder ambitions, the popular unrest that that she allegedly committed in 2003 at followed the disputed presidential the age of 17. Despite the stay of elections in June this year, and the execution, Delara was executed on 1 recent change of leadership in May 2009. Reportedly, her parents only Washington, international diplomacy came to know of her execution just towards Iran is in a state of flux. As seconds before she was hung.55 Western policymakers continue to reconfigure their approach to the CONCLUSIONS Iranian regime, factors such as the nuclear issue must not be allowed to Throughout Iran, people from all overshadow the deep concerns about backgrounds face the threat of arbitrary human rights highlighted in this paper. detention, torture, unfair prosecutions, The international community has an and application of corporal important role to play in keeping these punishments and the death penalty. concerns at the top of the agenda and Various forms of institutionalised facilitating open dialogue on such discrimination mean that marginalised issues. In all efforts to engage with groups, including women and members Tehran, it is crucial that the human of religious, ethnic, linguistic and rights and fundamental freedoms of all cultural minorities, are particularly Iran’s citizens, and particularly women vulnerable. In the case of Iran’s Kurds, and members of minority groups, this vulnerability is heightened by a should be treated as a priority. longstanding tendency on the part of the authorities to conflate assertions of RECOMMENDATIONS Kurdish identity with a potential threat In order to ensure respect for the human rights of all its citizens, the 53 Ibid., 7 and 28 54 Ibid., 41 government of Iran should urgently: 55 Ibid., 40

14  Institute reforms to bring key pieces  Declare a moratorium on of legislation such as the Penal Code application of the death penalty and into line with Iran’s obligations corporal punishments, particularly under international human rights for individuals under the age of 18, law, including the ICCPR, ICESCR, and work towards the abolition of CERD and the CRC. such punishments.

 Sign and ratify the Convention for In order to support the Iranian the Elimination of All Forms of authorities in protecting the human Discrimination against Women rights of all the country’s citizens, the (CEDAW) and the Convention international community should: against Torture (CAT), and withdraw current reservations to the  Ensure that protection of the human CRC. rights of all Iran’s citizens, and particularly women and members of  Ensure respect for the human rights minority groups, is treated as a of Kurds and members of other priority issue in all diplomatic minority religious, ethnic, cultural engagement with Tehran. and linguistic groups, including cultural and linguistic rights,  Continue to monitor the human freedom of expression and freedom rights situation in Iran and of association. communicate with the authorities on cases of concern, as well as the  End the targeting of human rights structural issues that give rise to defenders, journalists and others such cases. who speak out on social and political issues, and instead welcome the role they have to play in facilitating open public debate about such matters.

 Eliminate provisions in current legislation that discriminate against 11 Guilford Street women, such as those surrounding London WC1N 1DH the offence of adultery and the Tel: +44 (0)207 4053835 difference in weight accorded to the Fax: +44 (0)207 4049088 testimony of men and women in Email:[email protected] court. The Kurdish Human Rights Project (KHRP) is an independent, non-political, non-governmental human  Strengthen oversight of the rights organisation founded and based in London, detention process with a view to England. KHRP is a registered charity and is committed to the promotion and protection of the preventing arbitrary arrest and human rights of all persons living within the Kurdish detention, and torture and ill- regions of Turkey, Iraq, Iran, Syria and elsewhere, treatment in custody. This should irrespective of race, religion, sex, political persuasion or other belief or opinion. Its supporters include both include establishing an independent Kurdish and non-Kurdish people. body to investigate allegations of abuse, and giving serious consideration to granting civil society groups a role in this process.

15