Country of origin information report Iran January 2010

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Sunni Muslims
19.28 The 2009 Annual Report of the USCIRF stated that:
“Muslim minorities continue to face repression. Some Iranian Sunni leaders have reported widespread abuses and restrictions on their religious practice, including detentions and torture of Sunni clerics, as well as bans on Sunni teachings in public schools and Sunni religious literature, even in predominantly Sunni areas. Sufi and Sunni Muslim leaders are regularly intimidated and harassed by intelligence and security services and report widespread official discrimination. The Sunni community still has not been able to build a mosque in Tehran. Also, there have been allegations that the Iranian government discriminates against the Sunni community in government employment, particularly leadership positions in the executive and judicial branches.” [88b]
19.29 Sunnis are an officially recognised minority, the largest in Iran. Their historical-religious characteristics separate them from other followers of non-Shi’a religions. The Sunni minority is concentrated in specific geographic areas (the northwestern and southeastern provinces) and has different ethnic origins (Kurdish, Baluchi, etc.) compared to the Shi’a majority. The Sunni Kurds and the Sunni Baluchis are concurrently victimised by two forms of discrimination, ethnic and religious. (Freedom House, 27 March 2008) [112b]
19.30 The Freedom House, Freedom in the World 2009 report on Iran, covering events in 2008, noted that:
“Sunnis enjoy equal rights under the law but face discrimination in practice; there is no Sunni mosque in Tehran, and few Sunnis hold senior government posts. In late December 2008, a suicide bomber drove into the headquarters of security forces in Saravan, killing 4 people and wounding 12 others. The Sunni militant group Jundallah allegedly claimed responsibility for the attack, and Iranian authorities accuse the U.S. and Britain of supporting the group.” [112g]
19.31 The USSD IRF Report 2009 stated that:
“Many Sunnis claimed that the Government discriminated against them. However, it is difficult to distinguish whether the cause of discrimination was religious or ethnic, since most Sunnis are also members of ethnic minorities. Sunnis cited the absence of a Sunni mosque in Tehran, despite the presence of more than one million adherents there, as a prominent example. Sunni leaders reported bans on Sunni religious literature and teachings in public schools, even in predominantly Sunni areas. Human rights organizations reported that the Government demolished several Sunni mosques during the reporting period. Sunnis also noted the underrepresentation of Sunnis in government-appointed positions in the provinces where they form a majority, such as Kurdistan and Khuzestan Provinces, as well as their inability to obtain senior governmental positions.
“Sunni Majles representatives asserted that government discrimination led to the lack of Sunni presence in the executive and judicial branches, especially in higher-ranking positions in embassies, universities, and other institutions, as well as anti-Sunni propaganda in the mass media, including books and other publications.” [4b] (Section II)
19.32 The Human Rights Watch 2009 report, released 15 January 2009, stated:
“On September 30, Molavi Abdolhamid, one of the most prominent Sunni clerics in Iran, said that if the government failed to address the problems of the Sunni community, including discrimination, its members would be unlikely to participate in the presidential election in 2009. The 2008 execution of two Sunni clerics in Zahedan, the assassination of two Sunni clerics in Kurdistan, the destruction of the Abu-Hanifeh Sunni religious school near Zahedan, and the arrest of 11 Sunni clerics who protested against this assault, coupled with systematic efforts to remove Sunni citizens from governmental positions, the army, and the police force, are among the major criticisms Abdolhamid leveled against the government.” [8f]
See also Kurds
Christians
19.33 The 2009 Annual Report of the USCIRF stated that:
“Christians in Iran, in particular Evangelical and other Protestants, continue to be subject to harassment, arrests, close surveillance, and imprisonment; many are reported to have fled the country in recent years. Iranian President Mahmoud Ahmadinejad reportedly has called for an end to the development of Christianity in Iran. Over the past few years, there have been several incidents of Iranian authorities raiding church services, detaining worshippers and church leaders, and harassing and threatening church members. According to advocacy and human rights organizations, dozens of house church leaders were arrested and interrogated in the past year for engaging in religious activities in their homes. One group reported that approximately 73 Christians were arrested in 2008 on account of their religion, although most were released after short-term detentions. It is a common practice, particularly in cases involving offenses based on religious belief, for Iranian authorities to release prisoners but to leave the charges against them or their convictions in place in order to be able to threaten them with reimprisonment at any future time.” [88b]
19.34 The Christian Solidarity Worldwide (CSW) July 2008 Iran Profile stated that Armenian, Assyrian and Chaldean Christians enjoy official recognition as ethnic and religious minorities but suffer limitations and discrimination in terms of access to education, government and army positions. [116a] CSW also reported in its undated profile of Iran, accessed 15 June 2009:
“Churches and Christian training centers are routinely monitored and there has been widespread closure of these institutions by the Ministry of Islamic Guidance (MIG), forcing many churches to go underground. The Armenian and Assyrian churches have been allowed to stay open because their services are conducted in the Armenian/Assyrian languages and because they have agreed to the government’s demands forbidding Muslims and Muslim converts from attending the church services and refraining from evangelism.” [116b]
19.35 The USSD IRF Report 2009 stated that:
“Christians, particularly evangelicals, continued to be subject to harassment and close surveillance. During the reporting period, the Government vigilantly enforced its prohibition on proselytizing by closely monitoring the activities of evangelical Christians, discouraging Muslims from entering church premises, closing churches, and arresting Christian converts. Members of evangelical congregations were required to carry membership cards, photocopies of which must be provided to the authorities. Worshippers were subject to identity checks by authorities posted outside congregation centers. The Government restricted meetings for evangelical services to Sundays, and church officials were ordered to inform the Ministry of Information and Islamic Guidance before admitting new members.” [4b] (Section II)
19.36 The same report included details of four reported incidents against the Christian community during the period 1 July 2008 to 30 June 2009. [4b] Further details may be found in Section II of the USSD IRF 2009 report.
19.37 The Landinfo Report 2009 stated that:
“Problems with the authorities primarily arise in relation to outgoing and evangelical activity aimed at Muslims. All Christians (whether born Christians or converts) who evangelise in relation to Muslims and, for example, hand out Christian literature risk problems in the workplace and in the local community. If the matter is reported, the person in question risks being tried on serious charges… According to church leaders, it is only rarely that ordinary members have experienced problems obtaining a job, gaining admission to university or obtaining a passport. Experience shows that it is primarily the leadership of the evangelical churches that are in the authorities’ spotlight and that the tolerance of the authorities ends with instances of open evangelising and – in some case – the ordination of priests. There are examples of converts who have enjoyed untroubled lives for many years only to experience problems with the authorities once they have been ordained as priests. In the 1990s, several cases of this kind were resolved by means of a discreet agreement between the churches involved and certain Western embassies that granted visas. The Iranian authorities did nothing to prevent this and allowed those involved to leave Iran lawfully with their families.
“Striking a balance between the desire to evangelise and the authorities' demands is difficult for leaders of the ‘convert churches’. They have doubtlessly experienced considerable problems at times because they have refused to accept that Iran is an Islamic Republic where Christian evangelisation is prohibited and where changing religion is only permitted if one converts to Islam. This has given rise to difficulties in relation to other churches who discourage or dislike evangelisation and who fear that it may have consequences for other Christians. But the biggest problem has undoubtedly been that the Iranian authorities have at times subjected the churches’ leadership to strong and prolonged pressure in order to get them to close their church doors to Muslims, to not establish ‘home churches’ and end evangelisation.
“Experience shows that the authorities have used Islamic law as a threat. Recalcitrant church leaders have been confronted with the fact that the authorities can prosecute them if they so wish. Church leaders have been threatened with the police not being able to protect them from ‘extreme Islamic groups’ if they fail to comply with the authorities’ demands. Arrests of church leaders for short periods, threats during interrogation, raids, seizures of internal documents and warnings have all taken place on occasion. The last major campaign by the Iranian authorities against church leaders in Tehran was in 2004. Since then, the churches in Tehran have maintained a low profile and behaved more in accordance with the authorities’ demands. Church leaders have also stated on several occasions that the authorities monitor all activity and know the identity of all members and others with looser ties to the churches.” [33a] (p11-12)
Converts to Christianity
19.38 The Christian Solidarity Worldwide (CSW) July 2008 Religious Freedom Profile for Iran stated:
“Muslim converts to Christianity are still the most vulnerable among the Christian community in Iran. However, the death penalty is not applied and there are vibrant house and public churches that are mostly formed by converts. Even though converts are able to continue their faith and meet with others, converts who are in leadership positions and lead Christian ministries face serious risk of detention, intimidation, imprisonment and extra-judicial physical harm.” [116a]
19.39 An Amnesty International public statement dated 31 May 2008 observed:
“Although Christianity is a recognized religion in Iran, evangelical Christians, some of whom have converted from Islam, often face harassment by the authorities. Converts from Islam risk arrest, attack or the death penalty. Conversion from Islam (apostasy) is forbidden under Islamic law, which requires apostates to be put to death if they refuse to go back to Islam. There is no specific provision in the Iranian Penal Code for apostasy, but judges are required to use their knowledge of Islamic law to rule on cases where no specific legislation exists in the Penal Code.” [9x]
See section on the Law on apostasy above for details of developments regarding proposed amendments to the penal code.
19.40 The CSW July 2008 Religious Freedom Profile for Iran noted that:
“The persecution of Muslim converts to Christianity has re-escalated since 2005. The Iranian police continue to detain apostates for brief periods and pressurise them to recant their Christian faith and to sign documents pledging they will stop attending Christian services and refrain from sharing their faith with others. There have also been increasing reports of apostates being denied exit at the borders, with the authorities confiscating their passports and requiring them to report to the courts to reclaim them. During the court hearings they are coerced to recant their faith with threats of death penalty charges and cancellation of their travel documents.” [116a]
19.41 The Landinfo Report 2009 noted that: “In practice, Iranian Muslims who convert to Christianity largely live in the same way as those who are born to Christian parents. However, it is a precondition for avoiding problems that converts behave discreetly, allow religious practice to take place within the confines of the religious community and otherwise treat their faith as a private matter, which most of them do.” [33a] (p11)
19.42 The USSD IRF Report 2009 included details of six reported incidents against Christian converts during the period 1 July 2008 to 30 June 2009. [4b] Further details of these may be found in Section II of the USSD IRF 2009 report
See also Apostasy (conversion from Islam)

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Jews
19.43 The 2009 Annual Report of the USCIRF stated that:
“Official policies promoting anti-Semitism are on the rise in Iran, though members of the Jewish community have usually been targeted on the basis of ‘ties to Israel’ whether real or perceived. President Ahmadinejad and other top political and clerical leaders have made public remarks in the past year denying the event of the Holocaust and calling for the elimination of the state of Israel. In 2008, there was a rise in officially sanctioned anti-Semitic propaganda, involving official statements, media outlets, publications, and books; anti-Semitic editorial cartoons depicting demonic and stereotypical images of Jews, along with Jewish symbols, were also published in the past year.” [88b]
19.44 The USSD IRF Report 2009 stated that:
“While the Government recognizes Judaism as an official religious minority, the Jewish community experienced official discrimination. The Government continued to sanction anti-Semitic propaganda involving official statements, media outlets, publications, and books. The Government's anti-Semitic rhetoric, along with a perception among radical Muslims that all Jewish citizens of the country support Zionism and the state of Israel, continued to create a hostile atmosphere for Jews. The rhetorical attacks also further blurred the line between Zionism, Judaism, and Israel and contributed to increased concerns about the future security of the Jewish community.
“President Mahmoud Ahmadinejad continued a virulent anti-Semitic campaign. During the reporting period, the President publicly stated in news conferences that the Zionists infiltrated the world and must be stopped and destroyed, together with Israel.
“President Ahmadinejad continued to regularly question the existence and the scope of the Holocaust, which created a more hostile environment for the Jewish community. At a January 2009 speech at Sharif University in Tehran, the President alleged that the ‘Holocaust discourse’ was created to expand ‘Zionist command over centers of power, wealth, and the world media.’
“The Government promoted and condoned anti-Semitism in state media; however, with some exceptions, there was little government restriction of, or interference with, Jewish religious practice. The Government reportedly allowed Hebrew instruction but limited the distribution of Hebrew texts, particularly nonreligious texts, making it difficult to teach the language. Moreover, the Government required that in conformity with the schedule of other schools, Jewish schools must remain open on Saturdays, which violates Jewish law.
“Jewish citizens were free to travel out of the country but were subject to the general restriction against travel by the country's citizens to Israel. This restriction, however, was not enforced. ” [4b] (Section II)

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Zoroastrians
19.45 The BBC News website, accessed on 30 November 2009, reported that: “Zoroastrianism is one of the oldest but perhaps most misunderstood religions still practised today. Its spiritual doctrines on heaven, hell and resurrection heavily influenced Islam and Christianity. But emigration, conversion to Islam and centuries of oppression mean their numbers in Iran have dwindled to around 45,000.” [21o]
19.46 Time magazine reported on 9 December 2008 that:
“According to Parva Namiranian, a Zoroastrian medical student at Tehran University, the community in Iran preserves its identity by learning the Persian poetry of the Shah Nameh and holding religious classes and celebrations. She says Zoroastrians are accepted in Iran because they ‘represent a proud history’ and all Iranians, regardless of religion, enjoy celebrating the Zoroastrian New Year, Nowruz, because it's an excuse to buy clothes and eat sweets. Mehraban Firouzgary, the head priest in the Zoroastrian temple in Tehran, agrees that most Iranians regard the Zoroastrian minority favorably, but he worries about the community's survival. ‘Zoroastrians have lived in Iran for over 3,000 years,’ he says, ‘but there are so few left today.’” [14a]
19.47 Regarding converts to Zoroastrianism, the same article added:
“Despite their shrinking population, Zoroastrians remain fiercely divided over whether to recognize interfaith families, let alone accept non-generational Zoroastrians. Tens of thousands fled Persia during the Islamic incursions in the 10th Century and were granted refuge in India under the condition they did not marry outside their faith or proselytize to the Hindu majority. Ramiyar P. Karanjia, principal of a Zoroastrian religious school in Mumbai, India, insists, ‘Conversion is not part of our religion.’ Yet, in India, home to the majority of Zoroastrians, the community is declining by about 10% every decennial census, according to a report released by UNESCO. Today, Zoroastrians remain a tight-knit and self-secluded community that strongly encourages marriage within the faith. “[14a]
19.48 The CSW July 2008 Iran Profile notes that Zoroastrians have difficulties in accessing employment in the public sector. [116a]

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Sabean Mandaeans
19.49 The USSD IRF Report 2009 stated that “Sabean-Mandaeans number 5,000 to 10,000. The Government regards Sabean-Mandaeans as Christians, and they are included among the three recognized religious minorities; however, Sabean-Mandaeans do not consider themselves Christians.” [4e] (Section I)
19.50 The USSD IRF Report 2009 stated that “The Sabean-Mandaean religious community reportedly faced harassment and repression by authorities similar to that faced by other religious minorities. The Government often denied members of the Sabean-Mandaean community access to higher education.” [4b] (Section II) The 2009 Annual Report of the USCIRF stated that harassment and repression by authorities generally had intensified over the past few years. “There were reports that members of the Sabean Mandaean community experienced societal discrimination and pressure to convert to Islam…” [88b] (p48)
Baha’is
19.51 The FIDH report Iran/Death Penalty: a State Terror Policy dated 28 April 2009, noted that:
“The Baha’i faith is regarded as the most dangerous form of apostasy by IRI [Islamic Republic of Iran] authorities, one reason being that it originated in Iran in the nineteenth century. More importantly, however, is its contention that its founder was a messenger of God. Islam recognises that there have been divine religions before it such as Judaism and Christianity, but it holds Prophet Mohammad as the ultimate prophet of God and Islam as the ultimate divine religion. Others, such as Baha’ism, are man-made religions and thus tantamount to apostasy. As noted previously, both Ayatollah Khomeini’s book, Tahrir ul-Vassileh, and the Constitution lay the ground for the persecution of the Bahai’s as apostates.” [56i]
19.52 The 2009 Annual Report of the USCIRF stated that:
“The Baha‘i community has long been subject to particularly severe religious freedom violations in Iran. Baha‘is, who number approximately 300,000, are viewed as ‘heretics’ by Iranian authorities, and may face repression on the grounds of apostasy. Since 1979, Iranian government authorities have executed more than 200 Baha‘i leaders in Iran, and more than 10,000 have been dismissed from government and university jobs. Baha‘is may not establish places of worship, schools, or any independent religious associations in Iran. In addition, Baha‘is are barred from the military and denied government jobs and pensions as well as the right to inherit property, and their marriages and divorces are also not recognized. Baha‘i cemeteries, holy places, and community properties are often seized or desecrated and many important religious sites have been destroyed.” [88b]
19.53 The 2009 Annual Report of the USCIRF further noted that:
“In recent years, Baha‘is in Iran have faced increasingly harsh treatment, including increasing numbers of arrests and detentions and violent attacks on private homes and personal property. Baha‘i property has been confiscated or destroyed and dozens of Baha‘is have been harassed, interrogated, detained, imprisoned, or physically attacked. In February 2009, a Baha‘i cemetery in Semnan was desecrated, and in January, another Baha‘i cemetery was destroyed in Ghaemshahr. Baha‘i cemeteries also have been destroyed in Yazd and outside of Najafabad. In the past several years, a series of articles in the government-controlled newspaper Kayhan, whose managing editor is appointed by Supreme Leader Ayatollah Khamenei, have vilified and demonized the Baha‘i faith and its community in Iran. Iranian authorities also have gone to great lengths to collect information on all members of the Baha‘i community in Iran and to monitor their activities. In the past, waves of repression against Baha‘is began with government orders to collect such information, and the latest 2006 directives have created a renewed sense of insecurity and heightened fear among Baha‘i adherents.
“Nearly 200 Baha‘is have been arbitrarily arrested since early 2005 and, at present, more than 30 Baha‘is remain in prison on account of their religion or belief. Dozens are awaiting trial while others have been sentenced to prison terms ranging from 90 days to several years. All of those convicted are in the process of appealing the verdicts. Charges typically ranged from ‘causing anxiety in the minds of the public and of officials’ to ‘spreading propaganda against the regime.’ In March and May 2008, seven Baha‘i leaders – Fariba Kamalabadi, Jamaloddin Khanjani, Afif Naemi, Saeid Rezaie, Mahvash Sabet, Behrouz Tavakkoli, and Vahid Tizfahm – were arrested and taken to the notorious Evin prison in Tehran. All are members of an informal Baha‘i national coordinating group, known to the Iranian government, which was established to help meet the educational and social needs of the Baha‘i community after the Iranian government banned all formal Baha‘i activity in 1983. In February 2009, they were charged with espionage, ‘insulting religious sanctities,’ and ‘propaganda against the Islamic Republic’ - charges that could result in the death penalty. They have not had access to their legal counsel, Shirin Ebadi, the 2003 Nobel Laureate. Although statements by Iranian officials have suggested that a trial was imminent, no trial has yet taken place and a date is not known. In March and April 2009, several Baha‘is were arrested in Yazd, Semnan, Sari, and Shiraz, some of whom remain in detention. In January, four Baha‘is were arrested in Ghaemshahr after their homes were raided by Ministry of Intelligence officials. Also in January, at least six Baha‘is were arrested in Tehran on charges of ‘insulting religious sanctities,’ including a woman who worked at a human rights organization connected with Ebadi; five were released in March, including one who worked for Ebadi‘s center, which was closed by authorities in December 2008. In December 2008, at least eight Baha‘is were arrested on Kish Island, including two persons visiting from Canada; their status is unknown.” [88b]
19.54 The USSD IRF Report 2009 stated that:
“Adherents of religious groups not recognized by the Constitution, such as the Baha'is, do not have freedom to practice their beliefs. The Government prohibits Baha'is from teaching and practicing their faith. Baha'is are barred from all leadership positions in the Government and military.
“The Government considers Baha'is to be apostates and defines the Baha'i Faith as a political ‘sect.’ The Ministry of Justice states that Baha'is are permitted to enroll in schools only if they do not identify themselves as such, and that Baha'is preferably should be enrolled in schools with a strong and imposing religious ideology. There were reports that Baha'i children in public schools faced attempts to convert them to Islam.
“After a brief policy change in 2007 allowing Baha'i students to enroll in universities, the Government reverted to its previous practice of requiring Baha'i students to identify themselves as a religion other than Baha'i in order to register for the entrance examination. This action precluded Baha'i enrollment in state-run universities, since a tenet of the Baha'i Faith is not to deny one's faith. The Ministry of Justice states that Baha'is must be excluded or expelled from universities, either in the admission process or during the course of their studies, if their religious affiliation becomes known. University applicants are required to pass an examination in Islamic, Christian, or Jewish theology, but there was no test for the Baha'i theology.
“Baha'is are banned from the social pension system. In addition, Baha'is are regularly denied compensation for injury or criminal victimization and the right to inherit property. Baha'i marriages and divorces are not officially recognized, although the Government allows a civil attestation of marriage to serve as a marriage certificate.
“The Government allows recognized religious minorities to establish community centers and certain self-financed cultural, social, athletic, or charitable associations. However, the Government prohibited the Baha'i community from official assembly and from maintaining administrative institutions by closing any such institutions.” [4b] (Section II)
19.55 The USSD IRF Report 2009 further stated:
“Broad restrictions on Baha'is severely undermined their ability to freely practice their faith and function as a community. Baha'i groups reported that the Government often denied applications for new or renewed business and trade licenses to Baha'is. The Government repeatedly pressured Baha'is to accept relief from mistreatment in exchange for recanting their religious beliefs. The Government prevented many Baha'is from leaving the country.
“Baha'is could not teach or practice their religious beliefs or maintain links with coreligionists abroad. Baha'is were often officially charged with ‘espionage on behalf of Zionism,’ in part due to the fact that the Baha'i world headquarters is located in Israel. These charges were more acute when Baha'is were caught communicating with or sending monetary contributions to the Baha'i headquarters.
“During the reporting period [1 July 2008 to 30 June 2009], Baha'is continued to face an increasing number of public attacks, including a series of negative and defamatory articles in Kayhan, a government-affiliated newspaper whose managing editor was appointed by Supreme Leader Ayatollah Khamene'i. The national daily newspaper Etemad and several provincial newspapers also published defamatory articles against Baha'is. The articles often accused Baha'i and Sunni Salafist groups of working together to undermine national security and to commit espionage on behalf of foreign governments. State-run media reported that on May 19, 2009 Majles member Hojjatoleslam Mohammad-Ebrahim Nekounam told a session of Parliament that Baha'ism was established to ‘infiltrate Iran’ and ‘create divisions’ among Muslims and that members of the Baha'i community throughout the country were working toward those goals. In February 2009 the semiofficial Fars News Agency reported that the Prosecutor General sent a letter to the Minister of Intelligence warning that Baha'is had ‘extensive and established ties with the Zionist regime and their members try to collect information, carry out infiltration activities, and destroy people's belief in Islam.’ During the reporting period, articles in the state-run media alleged that Baha'ism encourages its followers to commit incest with close family members…
“There were reports that the Government compiled a list of Baha'is and their trades and employment using information from the Association of Chambers of Commerce and related organizations, which are nominally independent bodies that are nonetheless heavily influenced by the Government.” [4b] (Section II)
19.56 The USSD IRF Report 2009 continued:
“According to the National Spiritual Assembly of the Baha'is of the United States and other leading human rights organizations, more than 200 Baha'is have been killed since 1979, and 15 have disappeared and are presumed dead.
“Baha'i groups outside the country reported that government authorities increased their harassment and intimidation of the members of the Baha'i community during the reporting period [1 July 2008 to 30 June 2009].
“The Government continued to imprison and detain Baha'is based on their religious beliefs. The Government arbitrarily arrested Baha'is and charged them with violating Islamic Penal Code Articles 500 and 698, relating to activities against the state and spreading falsehoods, respectively. Often the charges were not dropped upon release, and those with charges pending against them reportedly feared re-arrest at any time. Most were released only after paying large fines or posting high bails. For some, bail was in the form of deeds of property; others gained their release in exchange for personal guarantees or work licenses.
“At the end of June 2009, at least 20 to 30 Baha'is remained in detention because of their religious beliefs. The Government never formally charged many of the others but released them only after they posted bail.” [4b] (Section II)
The USSD IRF Report 2009 included reported incidents of arrests and detentions of Baha’is. [4b]
19.57 The USSD IRF Report 2009 stated that:
“The property rights of Baha'is were generally disregarded, and they suffered frequent government harassment and persecution. The Government raided Baha'i homes and businesses and confiscated large numbers of private and commercial properties, as well as religious materials, belonging to Baha'is. The Government reportedly seized numerous Baha'i homes and handed them over to an agency of Supreme Leader Khamene'i. The Government also seized private homes in which Baha'i youth classes were held, despite the owners' having proper ownership documents. The Baha'i community reported that the Government's seizure of Baha'i personal property and its denial of Baha'i access to education and employment was eroding the economic base of the community and threatening its survival. ” [4b] (Section II)
19.58 The USSD IRF Report 2009 stated that “Government officials reportedly offered Baha'is relief from mistreatment in exchange for recanting their religious affiliation, and if incarcerated, recanting their religious affiliation as a precondition for releasing them.” [4b] (Section II)
19.59 The USSD IRF Report 2009 stated that:
“Baha'is faced government-sanctioned discrimination in the workplace. Baha'i graveyards in Abadeh and other cities were desecrated, and the Government did not seek to identify or punish the perpetrators. Baha'i groups outside the country reported vandalism of Baha'i cemeteries, the desecration of a body exhumed from a Baha'i grave in Abadeh, and attacks against a Baha'i cemetery in Najafabad. On October 23, 2008, individuals using a bulldozer desecrated a Baha'i cemetery in Darzikola.
“The car of Soheil Naeimi, a Baha'i, was burned in Rafsanjan in Kerman Province on July 25, 2008, after his family and ten other Baha'i families received threatening letters from a group calling itself the ‘Anti-Baha'ism Movement of the Youth of Rafsanjan.’ On July 18, 2008, a Baha'i family's home was burned to the ground in Kerman, according to the representative of the Baha'i International Community to the U.N. A building owned by a Baha'i couple was burned down in Tangriz in Fars Province on June 10, 2008. The family reportedly filed a formal criminal complaint, but authorities declined to pursue the case.
“There were reported problems for Baha'is in different trades around the country. Baha'is experienced an escalation of personal harassment, including receiving threatening notes, compact discs, text messages, and tracts. There were reported cases of Baha'i children being harassed in school and subjected to Islamic indoctrination. Baha'i girls were especially targeted by students and educators, with the intention of creating tension between parents and children.
“There was serious concern from several religious and human rights groups about the resurgence of the once banned Hojjatiyeh Society, a secretive religious-economic group that was founded in 1953 to rid the country of the Baha'i Faith in order to hasten the return of the 12th Imam (the Mahdi). Although not a government organization, it was believed that many members of the administration were Hojjatiyeh members and used their offices to advance the society's goals. However, it was unknown what role, if any, the group played in the arrests of numerous Baha'is during the reporting period. Many Baha'i human rights groups and news agencies described the goals of the Hojjatiyeh Society as the eradication of the Baha'is, not just the Baha'i Faith. The group's anti-Baha'i orientation reportedly widened to encompass anti-Sunni and anti-Sufi activities as well.” [4b] (Section III)
19.60 The Human Rights Watch World Report 2009, released 15 January 2009, recorded that “The government continues to deny Iran’s Baha’i community permission to worship publicly or pursue religious activities.” [8f]
19.61 The Minority Rights Group International 2009 Report, published on 16 July 2009, observed that the situation for Baha’is may be deteriorating “…as they face state-sponsored persecution, personal threats, restrictions on employment, expulsion from university and high school, and continued defamation in the media. In 2008 the government arrested more than a dozen leading Baha’is.” [46c]
19.62 The April 2009 report published by the International Campaign for Human Rights in Iran concurred, stating that “Baha’is have come under increasing attack in recent months, with a number of them being arrested.” [52b] (p5)
19.63 The UN Secretary-General’s report dated 23 September 2009 stated:
“Reports continued to be received about members of the Baha’i community being subjected to arbitrary detention, confiscation of property and denial of employment, Government benefits and access to higher education. A number of communications have been sent by various Special Rapporteurs and the independent expert on minority issues to the Government regarding the treatment of the Baha’i community. The United Nations High Commissioner for Human Rights wrote on numerous occasions to express concern and seek clarification about the status of seven members of the Baha’i faith who had been detained for more than a year…The seven have yet to be produced before a court and have been denied access to their lawyer. The High Commissioner and the Secretary-General remain concerned that the detention of those individuals may breach the obligations of the Islamic Republic of Iran under the International Covenant on Civil and Political Rights, in particular freedom of religion and belief and freedom of expression and association.” [10g] (p13-14)
See Apostasy (conversion from Islam) above
Sufis
19.64 A news article by Radio Free Europe/Radio Liberty dated 26 February 2009 stated that:
“The origins of Sufism are traced back to the beginnings of Islam and Sufis believe Prophet Muhammad was the first Sufi master. The Sufi tradition focuses on the inner and spiritual teachings of Islam that are included in the so-called Mecca verses of the Koran…Analysts say the current tensions between the Shiite Nematollahi Gonabadi Sufi order and the Iranian establishment is seen a result of the historical differences.
“The Nematollahi order is Iran's largest Sufi order, with reportedly over 2 million members across the country, including in major cities such as Tehran and Isfahan. Its members have come under increasing state pressure over the past four years; three of their houses of worship have been demolished. Officials accused the Sufis of not having building permits and of narcotics possession -- charges the Sufis reject. Dervishes [Sufis] say they're being targeted because of what they describe as the growing popularity of Sufism and also because they're considered a potential challenge to the power of Iran's clerical establishment. Some conservative clerics have called the Sufis a danger to Islam.” [42s]
19.65 The 2009 Annual Report of the USCIRF stated that: “During the past year, arrests and harassment of Sufis increased significantly.” [88b] The Freedom House, Freedom in the World Report 2009 stated that “Sufi Muslims have … faced persecution by the Iranian authorities.” [112g]
19.66 The 2009 Annual Report of the USCIRF added that: “During the past year, there were numerous reports of Shi‘a clerics and prayer leaders, particularly in Qom, denouncing Sufism and the activities of Sufi Muslims in the country in both sermons and public statements. In addition, there were reports that the government is considering banning Sufism outright.” [88b]
19.67 The USSD IRF Report 2009 stated that:
“Sufis within the country, Sufi organizations outside the country, as well as numerous human rights organizations, remained extremely concerned about growing government repression of Sufi communities and religious practices, including increased harassment and intimidation of prominent Sufi leaders by the intelligence and security services. Government restrictions on Sufi groups and houses of worship (husseiniya) became more pronounced in recent reporting periods. There were numerous reports of Shi'a clerics and prayer leaders denouncing Sufism and the activities of Sufis in the country in both sermons and public statements.” [4b] (Section II)
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Ethnic groups

Overview
20.01 The International Federation for Human Rights (FIDH) report Iran/Death Penalty: a State Terror Policy, dated 28 April 2009, stated that:
“There are a number of ethnic groups in Iran. Speakers of Persian and its various dialects are the largest ethnic group, forming about 50 per cent of the population by some accounts. Next to them, the most populous ethnic group is the Azerbaijani Turks (over 25% of the population), Kurds (7-10%), Arabs (2%), Baluchis (2%) and the Turkmens (more than 1%).
“The Constitution stipulates that Persian, or Farsi as it is called in Iran, is the official language. It also allows the use of ethnic and local languages in the media and the teaching of their literature in schools alongside the Persian language (Article 15). The reality, however, is that various ethnic groups have consistently complained of the violations of their rights. Most Kurds, Baluchis, and Turkmens are followers of one or another branch of Sunni Islam, and consequently also constitute a religious minority. The Arabs living in southwestern Khuzestan are mostly Shiites, while those in the southern provinces of Bushehr and Hormuzgan are mostly Sunnis. The Azerbaijani Turkic speakers are also predominantly Shiites. There have been movements within all the ethnic minorities, demanding respect for their rights.” [56i]
20.02 The Minority Rights Group (MRG) International report, Peoples Under Threat 2009, published on 16 July 2009 rated Arabs, Azeris, Baha’is, Baluchis, Kurds and Turkomans in Iran among those groups around the world “…most at risk of genocide, mass killing or other systematic violent repression.” The ranking is based on a basket of 10 indicators, including those for “democracy or good governance… conflict… group division or elite factionalization… prior genocides and politicides… and the country credit risk classification.” Iran is ranked 14^th out of the 20 ranked countries (1^st place being the country where minorities are most at risk), [46b] down from 12^th place in the MRG 2008 report [46a].
See also Exit and Return for details of possible discrimination faced by ethnic minorities wishing to leave Iran.
Kurds
20.03 The Danish Immigration Service’s report Human Rights Situation for Minorities, Women and Converts, and Entry and Exit Procedures, ID Cards, Summons and Reporting, etc. (Danish Immigration Service Report 2009), released April 2009, stated that:
“The Kurdish population is one of the largest ethnic minority groups in Iran. The number of Kurds in the country varies considerably according to the available sources. The estimate ranges from five to twelve million people out of a total Iranian population of an estimated 70.5 million. The vast majority of the Kurds in Iran live in the mountainous region of Western Iran from the Turkish and Iraqi borders in the west to Lake Urumieh in the north east. The area covers approximately 95,000 square kilometres.
“The only province that is governmentally recognised as Kurdish is the province of Kurdistan. However, the area that is often called Iranian Kurdistan extends from Kurdistan province in the central area to Western Azerbaijan province in the north and Kermanshah province in the southern area.
“The area of Iranian Kurdistan consists of mountains, plains, villages and large urban centres. The Kurdish population are mainly situated in and around the big cities of Kermanshah, Sanandaj and Mahabad.
“The economic environment in Iranian Kurdistan varies. Kurds living in the Zagros mountain range mainly rely on pastoral farming and herding in a modified tribal economic set-up. The Kurds of the plains often live in villages and rely on agriculture and, to a smaller extent, on pastoral farming. The main crops of this region are tobacco, barley, rice and wheat. Kurds living in urban settings are mainly occupied as teachers, traders and shopkeepers. Of course some Kurds may also be working in other sectors; however, Kurds will not be working in high levels of government.” [86b]
20.04 The Amnesty International report Iran: Human rights abuses against the Kurdish minority, dated July 2008, added that:
“… They live mainly in the provinces of West Azerbaijan, Kordestan, Kermanshah and Ilam in the west and south-west of the country, although many have moved to the big cities such as Tehran. Sanandaj is the administrative centre of Kordestan. There is also a community of Kurds in North Khorasan province in northeastern Iran.
“The Kurdish language is divided into two main dialects: Sorani and Kurmanji. Smaller communities of Gorani and other Kurdish-dialect speakers are present in Iran. Most Kurds are Sunni Muslims, although a minority are Shi’a. Some are Yazidi, a religion with pre-Islamic roots, while others are Baha’i, Ahl-e Haq and followers of the Qaderi and Naqshbandi schools of Sufism.” [9e]
20.05 Sorani Kurdish is spoken by Iraqi Kurds living south of the Greater Zab, and by the Iranian Kurds living in Kordestan Province. Sorani Kurdish is typically written in a modified Arabic script; such modern literature as exists in Kurdish is usually in Sorani, because there has been more opportunity to publish in Iraq than in other countries in recent times. (Centre for Applied Linguistics, 18 February 2004) [23a]
20.06 The FIDH report Iran/Death Penalty: a State Terror Policy, dated 28 April 2009 (FIDH Report 2009) stated that “The nationalist movement has been strong in the Kurdish provinces of Iran for many years. Some Kurdish groups have been fighting the central government in Iran since 1979 and the demand for regional autonomy is strong; they have thus suffered the highest number of casualties in comparison with other ethnic groups.” [56i]
20.07 The FIDH Report 2009, added that:
“While a number of Kurdish opposition leaders lost their lives in the course of extrajudicial executions abroad, cultural activists and journalists are also subjected to harsh repression. Many have been condemned to prison sentences, and some of them have been condemned to death.
“Adnan Hassanpoor, a journalist and Kurdish cultural activist, was arrested in January 2007. His friend and cousin, Abdolwahed (Hiwa) Butimar, an environmentalist, was arrested in December 2006. They were both sentenced to death in June 2007 on charge of fighting God (moharebeh) after spending several months incommunicado. Since then, their death sentences have been upheld twice. However, the death sentence on Hassanpoor was repealed in late September 2008. The death sentence on Butimar remains in place.
“Farzad Kamangar, a Kurdish teacher and cultural activist, arrested in June 2006, was subjected to torture for two years and then sentenced to death in February 2008.
“A list of 68 Kurdish political prisoners detained in various prisons, published in September 2008 by Kurdish groups, that did not include Butimar and Kamanger, indicated that at least four of them were facing the death sentence, while information about sentences of some others was not available.” [56i]
20.08 The Human Rights Watch World Report 2009, released 15 January 2009, stated that: “In the northwestern provinces of Azerbaijan and Kurdistan, the government restricts cultural and political activities by the Azerbaijani and Kurdish populations, including the operation of NGOs that focus on social issues.” [8f]
20.09 The Amnesty International report Iran: Human rights abuses against the Kurdish minority, dated July 2008, stated that:
“A key moment for Kurdish activists in recent times was in July 2005, when Iranian security officials shot dead Kurdish opposition leader Shawan Qaderi and two other men in Mahabad. The security forces tied Shawan Qaderi’s body to a jeep and dragged the corpse through the streets. This sparked violent protests that shattered years of relative peace in Kordestan. The protests also marked the start of a new wave of state repression against Kurds in which those who spoke up for Kurdish rights were targeted.” [9e]
20.10 Amnesty International in their 2009 Annual Report, released in May 2009, covering events in 2008, (AI Report 2009) stated that:
“Members of the armed group, Party for a Free Life in Kurdistan, known by its Kurdish acronym PJAK, continued to attack Iranian forces. Many Kurds who were detained faced charges of membership or support of PJAK or other groups. Some, like teacher Farzad Kamangar, who denied the charge and was tortured, were sentenced to death following unfair trials.
“Proponents of greater recognition of the Kurdish language and cultural and other rights were arrested and imprisoned after unfair trials.
“The authorities failed to take adequate steps to address the longstanding problem of protecting women from violence within the family, despite a continuing high incidence of cases in which women set themselves alight, often fatally, apparently because they were subject to such violence.
“More than 50 prisoners went on hunger strike between August and October to protest against the use of the death penalty on Kurdish political prisoners and to demand respect for the civil rights of Kurdish prisoners.” [9h]
See also Opposition groups and political activists and Freedom of religion
Arabs
20.11 The FIDH Report 2009, stated that:
“The Arab minority, the majority of whose members live in the southwestern province of Khuzestan, like other ethnic minorities, has been denied its cultural rights and has faced repression both before and after the revolution. A few months after the 1979 revolution, there were clashes in Khuzestan that were suppressed by the government and scores of Arabs were sent to the gallows.
“In April 2005, unrests in Khuzestan led to the death of many Arabs including some in alleged extrajudicial executions. The turbulence occurred following the surfacing of a letter allegedly written by Mr. Abtahi, an advisor to then President Khatami. The letter, dated 1999, the authenticity of which Mr Abtahi strongly denied, proposed the reduction of the Arab population in Khuzestan by transferring them to other parts of Iran. Subsequently, several bombs exploded in Ahvaz, the provincial capital of Khuzestan, as well as in Tehran, killing a number of people.
“Seven men were shown on TV on 1 March 2006 and said to be convicted for involvement in the bombings. Two of them were hanged the day after. At least 11 other men were also said to be sentenced to death. In 2006, 36 Arabs had been sentenced to death or lengthy prison terms; five were executed after unfair trials, two of them in public. In 2007, at least eight were executed and 17 others were facing the death sentence after unfair trials.” [56i]
20.12 The US State Department Country Report on Human Rights Practices 2008, Iran, released on 25 February 2009, (USSD Report 2008) stated that:
“Foreign representatives of the Ahvazi Arabs of Khuzestan claimed their community of 2 to 4 million in the southwest section of the country suffered from oppression and discrimination, including the lack of freedom to study and speak Arabic. Ahvazi and human rights groups alleged torture and mistreatment of Ahvazi Arab activists, including detention of the spouses and young children of activists.” [4a] (Section 5)
20.13 The AI Report 2009 noted: “Members of the Ahwazi Arab community continued to protest against perceived discrimination, notably in relation to access to resources.” [9h]
20.14 On 9 November 2009, the Iranian Minorities Human Rights Organisation (IMHRO) reported that at least 64 Arab workers at a factory in Ahwaz [Ahvaz] had been arrested following their peaceful protest in Naderi, one of the main streets in Ahwaz. Other workers at the protest who were not arrested were told not to return to work at the factory. They were protesting about the long delay in receiving their pay and benefits which non-Arab workers received on time. According to a witness, minutes after the protest started, anti-riot police surrounded, attacked and arrested the men. It was reported that some were severely injured. The IMHRO stated that the Iranian government systematically suppresses Ahwazi Arabs and they are banned from education and speaking their own language. They are banned from working in the oil and gas industries and can only get low level jobs in factories, where they are discriminated against, given the most difficult jobs and experience long delays in receiving payment. Some receive no payment after working for years. Furthermore:
“If they protest they [are] mark [sic] as tools in [the] hand[s] of foreigners and charged with connection with illegal political parties. There are no worker unions who could defend workers right and any attempt for gathering is suppressed harshly by government. After arrest they would add them to black list and then they never find any other jobs. Some end up in long term prison. [The] Government also add their family members to [a] black list to be banned from university and higher education.” [109c]
Baluchis
20.15 The FIDH Report 2009 stated that:
“The Baluchis who are said to number more than 1.4 million live mostly in the Sistan-Baluchistan province in the southeast, bordering Pakistan and Afghanistan. Since the early 2000s, an armed Baluchi group, People’s Resistance Movement of Iran, known as the Jondollah has been fighting the Iranian government stating its aim as achieving a more democratic system and full rights of the Sunnis in Iran. The response of the Iranian government has been very harsh.
“The authorities appointed the former prosecutor of the Special Court for Clergy and former deputy prosecutor-general, Hojatoleslam Nekoonam, to head the Justice Department in Sistan and Baluchistan in 2006. Since then the number of death sentences and executions have risen drastically in the region. A large number of Baluchis have been arrested, tried and some of them executed within a few days of the trials. Most have been accused of drug trafficking and armed banditry, murder and kidnapping. It is not clear as to how many of them were involved in the opposition against the government.
“In June 2006, six people were executed for fighting God and corruption on earth.
“Said Qanbarzahi was hanged on 27 May 2007. He had been sentenced to death in March 2007 when he was 17 years old, together with six other men. They were believed to have been detained for their families’ ties to perpetrators of a bus bombing in February 2007 that killed 14 revolutionary guards.
“Yaqub Mehrnahad, head of the of the Voice of Justice Young People’s Society, a registered NGO, was arrested with some other members of the Society in Zahedan in May 2007. He was also representative of the daily Mardomsalary in the province. He spent over a year in detention during which he was sentenced to death and his sentence was upheld. He was finally executed on 4 August 2008. Mehrnahad had been accused of cooperation with the Jondollah. He had never taken up arms and was reportedly not given access to lawyers during his detention.
“Amnesty International recorded at least five executions of Baluchis in 2005; at least 32 and possibly more than 50 in 2006; up to 50 from January-August 2007.
“In March 2007, Member of Parliament for Zahedan, Shahriyari said in an interview that 700 people had had their death sentences confirmed by the Supreme Court and were waiting to be executed in the Sistan-Baluchistan province.
“A website keeping track of executions of Baluch people has recorded 176 judicial and extrajudicial executions from December 2006 –through March 2009.” [56i]
20.16 The AI Report 2009 stated:
“In Baluchi areas, the People’s Resistance Movement of Iran (PRMI), an armed group also known as Jondallah, sporadically clashed with government forces. In June the group took 15 or 16 Iranian border guards prisoner. One was released but the PRMI killed the rest by October. The authorities took harsh measures against suspected PRMI members and supporters.” [9h]
20.17 The USSD Report 2008 stated that:
“Local and international human rights groups alleged serious economic, legal, and cultural discrimination against the Baluch minority during the year. The government did not investigate allegations that authorities in Sistan va Baluchistan executed at least 50 detainees in 2007. Baluch journalists and human rights activists, including Yaghoob Mirnehad, faced arbitrary arrest, physical abuse, and unfair trials, often ending in execution.” [4a] (Section 5)
20.18 The Iranian Minorities’ Human Rights Organisation (IMHRO) reported on 27 August 2009 that 13 Baluchi men had been executed after being charged with terrorism and accused of being members of Jundallah (Jondollah). IMHRO researcher Reza Washahi was quoted as saying:
“Like always we do not know the details of the cases, Baluchi sources are saying these men were ordinary people or that some of them were political and cultural activists. As usual, the Iranian government did not allow any international observers to attend the hearings. The men did not have a lawyer present and they did not have right to appeal against the court decision. The Iranian government has executed many people in relation to terrorist activities in the past, and then too late, it has been discovered that the suspects were innocent.” [109b]
Azeris
20.19 The USSD Report 2008 stated that:
“Ethnic Azeris comprised approximately one-quarter of the country's population, were well integrated into government and society, and included the supreme leader among their numbers. However, Azeris complained of ethnic and linguistic discrimination by the government, including banning the Azeri language in schools, harassing Azeri activists or organizers, and changing Azeri geographic names. Azeri groups also claimed there were a number of Azeri political prisoners jailed for advocating cultural and language rights for Iranian Azeris. The government charged several of them with ‘revolting against the Islamic state’.” [4a] (Section 5)
20.20 In the AI Report 2009 it was noted that: “Activists continued to call for the Azerbaijani Turkic language to be used in schools and government services in the areas where Azerbaijani Iranians mainly live. Dozens of activists were arrested in February [2008] in connection with demonstrations on International Mother Language Day.” [9h]
20.21 A Radio Free Europe / Radio Liberty (RFE/RL) article, dated 26 July 2008, reported that Vedud Asadi, well-known for promoting the cultural and language rights of Iran's Azeri minority, was arrested without charge two weeks after his wedding. The report added: “The ethnic-Azeri minority makes up 25-33 percent of Iran's population. While the Iranian Constitution provides language and cultural rights for the country's minorities, the regime has banned the teaching of the Azeri language in schools, and harassed and jailed activists like Asadi.” [42m] On 24 August 2008 it was reported that Vedud Asadi had been released on bail after being illegally detained for 34 days in Rasht, an Azerbaijani city by the Khazar Sea. [47] (Baybak.com)
Qashqais
20.22 The Qashqai website, accessed on 1 December 2009, noted that the Qashqai are also known as the Qashqaai, Qashqa’i or Ghashghai. Information on the website stated:
“The Qashqai compose a community of settled, semi-settled, and pastoral nomadic households who reside mainly in the Fars region of southern Iran. They speak Qashqai Turki (Turkish). Most of them also speak, at least, Persian (Farsi). They are Shia Muslims… Since the 1960s the general trend has beed a sharp increase in sedentarization of Qashqai nomads and involvement in non-pastoral and non-traditional economic activities. Presently the Qashqai form mainly settled and semi-settled households. Qashqai population of today is estimated between one and one and a half million.” [37a]
20.23 The Advisory Panel on Country Information (APCI) review of the COI Service’s Iran COI Report of Augst 2008, undertaken by Dr Reza Molavi and Dr Mohammad M Hedayati-Kakhki of the Centre for Iranian Studies at Durham University, dated 23 September 2008, (APCI Report 2008) stated that:
“In addition to established ethnic minorities, a number of nomadic groups and tribes are targeted for discrimination, for instance the Gheshghay [another version of Qashqai]… The population of the group is estimated as 2% of the Iranian population, living mainly in Fars Province in Southern Iran. Shiraz is known as the biggest centre of the group’s activities, whilst a part of the group continue to be nomadic. Notably, after the 1979 Iranian Islamic Revolution, Khosrow Khan Qashqai, the Ghashghayi leader, returned to Iran from Germany, was arrested and subsequently publicly executed for advocating for the group’s rights and autonomy. This has caused long-standing suspicion by the government of this ethnic group, considering it a potentially volatile one.
“Moreover, the religious practices of the group are not entirely in line with those of the mainstream Islamic regime and therefore give rise to suspicions and discrimination against them, as described in the account below:
“Following the Islamic Revolution, various Qashqa’i customs, such as public

dancing, the playing of traditional music on oboes and skin drums, and stickfighting games performed to music, were declared immoral and anti-Islamic by the new government. The extent of continuous discrimination is not known. However, various laws still deem certain Qashqa’i practices to be anti-Islamic, despite the fact that the group is Shia Muslim.

“In light of the above information, whilst those of the Ghashghayi ethnicity would not be prosecuted on basis of ethnicity alone, they may indeed be targeted on basis of ethnicity for dispossession of property, employment, education as well as other discrimination. Lastly, the account below suggests a possible rationale for such efforts by the government in relation to the Ghashghayi:
“In 2005, Miloon Kothari, the United Nations Special Rapporteur on Adequate Housing, condemned the recent confiscation of land owned by minority groups such as the Qashqa’i. Tehran’s objective with these policies, according to human rights activists, was to implement ‘ethnic restructuring’ by forced migration out of the oil and sugar-rich Khuzestan province. In addition to land confiscation, the Qashqa’is also had to deal with traditional pastures being sold to the private sector.” [6a] (p51-52)
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Lesbian, gay, bisexual and transgender persons

Overview
With regard to lesbians and bisexual women, the section should be read in conjunction with the section on Women for information about their position generally in Iranian society.
21.01 The US State Department Country Report on Human Rights Practices 2008, Iran, released on 25 February 2009, (USSD Report 2008) stated that:
“The Special Protection Division, a volunteer unit of the judiciary, monitored and reported moral crimes. The law prohibited and punished homosexuality; sodomy between consenting adults was a capital crime. According to HRW, the last known death sentences for homosexual conduct were handed down in 2005, although there were allegations of executions related to homosexual conduct in 2006 and 2007. The punishment of a non-Muslim homosexual was harsher if the homosexual's partner was Muslim. On September 29 [2008], President Ahmadi-Nejad called homosexuality an ‘unlikable and foreign act’ that ‘shakes the foundations of society’.” [4a] (Section 5)
21.02 The Foreign and Commonwealth Office’s Annual Report on Human Rights 2008 -– Iran, published on 26 March 2009 stated that the death penalty remained on the statute books for “consenting same-sex relations”. [26b]
21.03 The report by International Lesbian and Gay Association (ILGA) titled ‘State-Sponsored Homophobia’, dated May 2009, (ILGA Report 2009) observed that same-sex relations for men and women were illegal. [104] (p22]
21.04 The FCO stated in a letter dated 20 April 2008:
“We have concerns about the treatment of homosexuals in Iran.

Homosexual activities are illegal and can carry the death penalty.

We are not aware of any individual that has been executed in Iran in recent years solely on the grounds of homosexuality.

We are aware of concerns that homosexuals have been charged with crimes such as rape and kidnap and then executed.

Although homosexuality is illegal in Iran and homosexuals do experience discrimination, we do not believe that homosexuals are systematically persecuted.” [26l]
21.05 The same source also stated, however:
“It is worth noting that it can be difficult to obtain information on human rights concerns and specific cases in Iran, especially on an issue as sensitive as homosexuality. Our Embassy can only make a limited judgement of the situation based upon publicly available information such as official public statements and media reporting and informal contacts with the gay community in Tehran. This by no means provides us with a full picture of the overall treatment of homosexuals in Iran, and as a result our assessment is necessarily limited.” [26l]
21.06 The ACCORD 7th European Country of Origin Information Seminar in Berlin, 11-12 June 2001 reported that:
“… jurisprudence, burden of proof notwithstanding, certainly has used accusations of homosexuality. Furthermore, it does happen that homosexuality is mentioned as one of the accusations amongst other offences held against the defendant. For instance, accusations of homosexuality have been used in unfair trials, such as the case of a Sunni leader in Shiraz in 1996/97, who was clearly prosecuted for politically [sic] reasons. There have also been other political cases, although not in the recent past.” [3c] (p105)
21.07 Expert opinion consulted by the Canadian IRB in 1998 stated that: “Theoretically, homosexual behaviour is sharply condemned by Islam, but in practice it is present, and has been in the past, for the most part tolerantly treated and frequently occurring in countries where Islam predominates... In practice it is only public transgression of Islamic morals that is condemned and therefore Islamic law stresses the role of eye-witnesses to an offence.” [2j] The same source stated that the police were not empowered nor did they actively pursue homosexual activity of any kind that was performed behind the ‘veil of decency’ of closed doors. (Canadian Immigration and Refugee Board, 1 February 1998) [2j]
21.08 CIRB sources dated 1 February 1998 indicated that there were held to be many differing levels of homosexual activity within Iranian society. In rural areas, even ‘lavat’ sexual activity could be considered socially to be compensatory sexual behaviour for heterosexual sexual intercourse, and the practitioners held not to be homosexuals. The key offensive practice was sodomy, or more particularly to be sodomised, as an unnatural inversion of God’s creation, and some experts held that ‘homosexuals’ are understood in Iran to be willing passive partners. [2j]
21.09 A Canadian IRB Report of 1999 stated that lesbian cases rarely came before the courts, as the case usually failed the test of proof of four righteous witnesses. Sources held that lesbian behaviour in public was impossible to distinguish from accepted social contact between women in Iran. [2o] The source concluded:
“Of female same-sex behaviour musahaqa almost nothing is known. Islamic law considers it sex outside marriage and therefore as adultery, with all the consequences already described. Yet because no penetration takes place, punishment is theoretically limited to one hundred lashes. In practice lesbian behaviour is regarded as relatively unimportant, because it usually takes place discreetly.” [2o]

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Legal rights

21.10 The ILGA Report 2009 listed articles from the Iranian Penal Code of 1991 that pertain to same-sex physical acts, how they are defined and proven, and the corresponding penalties:
“