Country of origin information report Iran January 2010



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Military service


10.01 The CIA World Fact Book, updated 11 November 2009, stated that Iran’s military service age and obligation were: “19 years of age for compulsory military service; 16 years of age for volunteers; 17 years of age for Law Enforcement Forces; 15 years of age for Basij Forces (Popular Mobilization Army); conscript military service obligation - 18 months; women exempt from military service (2008).” [111] (Military)
10.02 Iranian men become eligible for military service as of 21 March of the year they reach 19, although the minimum voluntary recruitment age is 16. Most of the armed forces are reportedly made up of conscripts who received minimal training and served for 18 months. (Coalition to Stop the Use of Child Soldiers (CSC) Global Report 2008, Iran, 20 May 2008) [30a] “Large-scale conscription was seen as wasteful and unnecessary during periods of economic downturn, such as that experienced in 1998-2000. In 2008 the period of conscription was reduced from two years to 20 months. The military service period for those serving in harsh climate areas was reduced to 18 months and to 17 months for those serving in border military operations. In 2003 the period of conscription had been reduced to a period of 17 to 20 months in certain areas of Iran.” (Jane’s Sentinel, 5 January 2009) [125b]
10.03 Regarding draft evasion or desertion, the Danish Immigration Service’s report Human Rights Situation for Minorities, Women and Converts, and Entry and Exit Procedures, ID Cards, Summons and Reporting…, released April 2009, stated:
“… military service is compulsory in Iran. The Attorney at Law informed that generally the duration of military service is two years and it is only compulsory for men. However, it can be shortened to 20 months. A person who deserts from the army will have to continue the military service upon return, if he is under the age of 40. Individuals who are over the age of 40 will not be asked to do military service. If a person has deserted or evaded the military service and returns to Iran after the age of 40, he will receive a financial punishment and possibly imprisonment. This is subject to arbitrary ruling. However, if the person has been subject to a pardon he will not face punishment on return to Iran. According to the Attorney at Law, a person who evades military service may be punished. According to Military Law, if a person had to serve 20 months of military service and evades, the length of the service will increase to 24 or 26 months. The Attorney at Law added that according to ‘previous legislation’ a person may also be fined a few thousand US Dollars instead of serving extended military service. However, the Attorney at Law stated that it is still to be seen how recent changes in law are used in practice, i.e. whether a person will be fined or must serve extra time.” [86b] (p47)
10.04 War Resisters’ International 1998 reports that the right to conscientious objection is not legally recognised and there are no provisions for substitute service. [25a] Iran appears as a co-signatory to a letter dated 24 April 2002 addressed to the UN Commission on Human Rights concerning the question of conscientious objection. It states that Iran does not recognise the universal applicability of conscientious objection to military service. (UN, 24 April 2002) [10q]
See also Exit and Return
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Judiciary


Organisation
11.01 Jane’s Sentinel Country Risk Assessment for Iran, updated on 30 April 2009, stated that:
“The 1979 constitution established a legal system based on Islamic law (sharia) and, in November 1985, a new criminal code was introduced. Judicial authority is vested in the Supreme Court and the four-member High Council of the Judiciary, which together are responsible for supervising the enforcement of all laws and for establishing judicial and legal policies. The supreme leader appoints the public prosecutor and the president of the Supreme Court, which has 16 branches. When Mohammad Khatami purged the country's intelligence ministries during the first term of his presidency (1997-2001), the judiciary established its own intelligence service, which is only accountable to Ayatollah Sharoudi (the head of the judiciary) and the supreme leader.” [125g]
11.02 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:
“According to the Article 156 of Iran’s Constitution, the Judiciary is supposed to be an independent power, the protector of the rights of the individual and society, responsible for the implementation of justice, and entrusted with the following duties:
 Investigating and passing judgment on grievances, violations of rights, and  complaints; the resolving of litigation; the settling of disputes; and the taking of all necessary decisions and measures in probate matters as the law may determine;

 Restoring public rights and promoting justice and legitimate freedoms;

 Supervising the proper enforcement of laws;

 Uncovering crimes; prosecuting, punishing, and chastising criminals and enacting the penalties and provisions of the Islamic penal code;



 Taking suitable measures to prevent the occurrence of crime and to reform criminals.” [6a] (p13)
11.03 The US State Department Country Report on Human Rights Practices 2008, Iran, released on 25 February 2009, (USSD Report 2008) stated that:
“After the 1979 revolution, the judicial system was revised to conform to an Islamic canon based on the Koran, ‘Sunna’ (the traditions of the Prophet), and other Islamic sources. The constitution provides that the head of the judiciary shall be a cleric chosen by the supreme leader. The head of the Supreme Court and prosecutor general also must be clerics. Women continued to be barred from serving as certain types of judges.” [4a] (Section 1e)
11.04 The USSD Report 2008 continued:
“There are several court systems. The two most active are traditional courts, which adjudicate civil and criminal offenses, and Islamic revolutionary courts. The latter try offenses viewed as potentially threatening to the Islamic Republic, including threats to internal or external security, narcotics and economic crimes, and official corruption. A special clerical court examines alleged transgressions within the clerical establishment, and a military court investigates crimes connected with military or security duties. A press court hears complaints against publishers, editors, and writers. The Supreme Court has review authority over some cases, including appeals of death sentences.” [4a] (Section 1e)
11.05 The Library of Congress country profile of Iran, dated May 2008, noted:
“The highest judicial authority is the Supreme Court, members of which are appointed by the head of the judiciary. That individual, appointed to a five-year term by the leader, also approves the candidate list from which the president chooses a minister of justice. The Supreme Court nominally has 33 regional branches, to which the chief of the Supreme Court assigns cases, but all but two are located in Tehran. The Supreme Court oversees enforcement of the laws by lower courts, sets judicial precedent, and acts as a court of appeal. Public courts try conventional civil and criminal cases at the provincial and local levels. Revolutionary courts try cases involving political offenses and national security. The Clerical Court, which is outside the court system and overseen directly by the leader, deals with crimes committed by members of the clergy, including ‘ideological offenses.’ Such offenses include interpretations of religious precepts that are not acceptable to the establishment clergy and activities, such as journalism, outside the realm of religion. Iran also has special courts for members of the security forces and government officials. The judges of all courts must be experts in Islamic law.” [79a] (p15)
11.06 The 2005 Danish fact-finding mission (FFM) report On certain crimes and punishments in Iran: Report from the fact-finding mission to Teheran and Ankara, 22 January to 29 January 2005, stated that there were the following courts in Iran:
“The various courts:
1. Public courts: a) criminal courts b) civil courts

2. Revolutionary courts

3. Religious courts

4. Military courts

5. Administrative courts

6. Appeal courts



7. The Supreme Court
“‘The source explained in relation to the distribution of case areas in the Iranian courts that the public courts deal with cases concerning adultery, homosexuality, the consumption of alcohol, religious conversion, breaches of clothing rules etc.
“The revolutionary courts deal with matters of national security, terrorism, improper pronouncements on Khomeini and the supreme leader, espionage and narcotics-dealing. According to the source, 99% of the revolutionary court’s cases involve drug crime.
“The religious courts deal with cases in which Islamic priests and other religious persons have broken the law.
“The military courts deal with cases concerning military personnel, including members of the revolutionary guard, Basij and the like, who have broken the law.
“The Appeal Courts and Supreme Courts function as instances of appeal.
“All sources stressed that all sentences passed in the first instance can be appealed against to an Appeal Court. This also applies to sentences passed in absentia. All cases of a certain importance, including those in which a sentence of death or other corporal punishment has been passed, can be the subject of appeal to the Supreme Court. The Supreme Court must always be consulted in cases of the death penalty, irrespective of any appeal. In some cases, a Supreme Court decision can be overruled by the supreme head of the judicial system.
“In all larger towns there are courts that deal with cases in the first instance. In all provincial capitals there are Appeal Courts. The Supreme Court sits in Teheran.
“Courts of first instance have a single judge. Appeal Courts have a collegiate of three judges and the Supreme Court has a varying number of judges depending on the nature of the case involved.” [86a] (p6)
11.07 An undated article on the United Nations website, accessed 10 December 2008, states that:
“Since 1978, the structure of the Iranian judicial system has gone through drastic organizational revisions. The present structure of the Iranian court system includes:
“The Supreme Court: it is the highest court in Iran with the task of supervising the correct implementation and proper application of laws by the lower courts, as well as of ensuring uniformity in Judicial procedures. (Article 161 of the Constitution). The Head of the Judiciary, in consultation with the judges of the Supreme Court, nominates the Chief of the Supreme Court who, among other qualifications, must be a specialist in Islamic Law.
“The Court of Administrative Justice: under the supervision of the Head of Judiciary this court has a mandate to investigate complaints by privates against actions by public institutions and organs (Article 173 of the Constitution).
“The Courts of Appeal: it is the second instance court competent for reviewing cases decided by public and revolutionary courts. In the year 2001-2, 216 courts of appeals settled a total of 40,013 cases out of 345,746 pending cases.
“The Public Courts: These courts have jurisdiction to deal as first instance tribunals and are divided into two categories dealing with civil cases and criminal offences respectively. In the year 2001-2002, 2,260 public courts settled a total of 4,377,160 cases.
“The Revolutionary Courts: the Revolutionary Courts have jurisdiction over various offences including: crimes against national security, narcotic drugs, terrorism, state-related embezzlement, bribery and profiteering, all acts that undermine the system of the Islamic Republic of Iran. Settled cases at the Revolutionary courts can be forwarded to the courts of Appeal. 226 Revolutionary courts were on operation in Iran in 2001-2002.
“The Military Courts: they are mandated to investigate crimes committed in connection with military or security duties by members of the Armed Forces, the Police, and the Islamic Revolution Guards Corps. The office of the military prosecutor and the military courts are also part of the judiciary and are subject to the same principles that regulate the Judiciary (Article 172 of the Constitution).
“Office of the Public Prosecutor: Based on the recent amendments to the Law on Public and Revolutionary Courts, the offices of prosecutor general have been reintroduced in the judicial system all over Iran. These offices are now responsible for all pre-trial investigations and referral of those cases were [sic] there are [sic] strong evidence of a crime to the courts.
“Dispute Resolution Councils: are new bodies established in accordance with to the latest revisions in the judicial system in Iran. These councils are responsible for settlement of minor civil and criminal cases through mediation before their referral to the courts.
“The office of the military prosecutor and the military courts are also part of the judiciary and are subject to the same principles that regulate the judiciary. (Article 172 of the Constitution).” [10d]
11.08 Europa World Online, accessed 3 November 2009, reported:
“In June 1987 Ayatollah Khomeini ordered the creation of clerical courts to try members of the clergy opposed to government policy. A new system of qisas (retribution) was established, placing the emphasis on swift justice. Islamic codes of correction were introduced in 1983, including the dismembering of a hand for theft, flogging for fornication and violations of the strict code of dress for women, and stoning for adultery. The Islamic revolutionary courts try those accused of crimes endangering national security, corruption, drugs-trafficking, and moral and religious offences.The Supreme Court has 33 branches, each of which is presided over by two judges.”) [1d] (Judicial System)
11.09 Amnesty International reported in February 2006 that:
“In October 2005, Press Courts were reintroduced to try cases of breaches of the Press Code, which contains vaguely worded provisions which can be used to punish people for the peaceful expression of their opinions. They comprise a panel of three judges and a jury selected by the judiciary... Following the reintroduction of the Press Courts, dozens of cases of journalists and newspapers began to be examined, leading in several cases to suspended prison sentences.” [9f] (p8)

Complaints


11.10 The report of the UN Secretary-General on the situation of human rights in the Islamic Republic of Iran, dated 23 September 2009, stated that:
“In addition to the judiciary…there are several other institutional mechanisms that provide opportunities for citizens to seek redress. Article 174 of the Constitution provides for a National General Inspectorate under the supervision of the head of the judiciary, which supervises the proper conduct of affairs and the correct implementation of laws by the administrative organs of the Government and reportedly handles individual complaints. Under article 90 of the Constitution, the legislature can also examine and investigate written complaints by the public against its own work and the work of the executive and the judicial branches. In addition, there are quasi-judicial institutions, including arbitration and dispute settlement councils, which settle large volumes of cases. Moreover, the Islamic Human Rights Commission, established in 1996, is a non-governmental body that monitors the human rights situation in the country. It has no representative status as a national institution nor has it been recognized by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights as complying with the Paris Principles relating to the status and functioning of national human rights institutions. Additionally, the Islamic Republic of Iran has established a human rights headquarters under the judiciary to facilitate international cooperation and coordinate among Government bodies on human rights-related matters.” [10g] (p4)
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Independence
11.11 The Constitution of the Islamic Republic of Iran (Article 156) states that the Judiciary is an independent power, the protector of the rights of the individual and society, responsible for the implementation of justice. (UN, accessed 10 December 2008) [10d]
11.12 The USSD Report 2008 added:
“By law, the judiciary was independent from the executive and legislative branches; in practice it remained under the influence of executive and religious government authorities. According to the constitution, under the supervision of the head of the judiciary, the Court of Administrative Justice investigates the grievances of citizens with regard to government officials, organs, and statutes. In practice, citizens' ability to sue the government was limited. It appeared that citizens were not able to bring lawsuits against the government for civil or human rights violations. Dispute resolution councils are available to settle minor civil and criminal cases through mediation before referral to courts.” [4a] (Section 1e)
11.13 The report of the Secretary-General to the United Nations on the situation of human rights in the Islamic Republic of Iran, dated 1 October 2008, stated that:
“While the Constitution provides for a separation of powers between the executive, legislative and judicial functions, there are a number of institutional constraints on their independent functioning and ability to protect human rights.
“Despite the separation of powers provided for in article 57 of the Constitution, the Supreme Leader, currently Ayatollah Ali Khamenei, supervises the executive, legislative and judicial branches and other key institutions (E/CN.4/2006/61/Add.3, para. 12). This is reinforced by the system of advisory councils provided for in the Constitution. The Guardian Council is composed of six theologians appointed by the Supreme Leader and six jurists nominated by the judiciary. It has the power to veto the bills passed by Parliament if it views them as being inconsistent with the Constitution and sharia law. The Expediency Council serves as an advisory body for the Supreme Leader with an ultimate adjudicating power in disputes over legislation between Parliament and the Guardian Council. The Assembly of Experts, comprising clerics elected through a general election, has the power to appoint and remove the Supreme Leader.
“The Supreme Leader appoints the head of the judiciary who in turn appoints the head of the Supreme Court and the Chief Public Prosecutor. The Iranian judicial system has three tiers: regular civil and criminal courts are overseen by courts of appeal that are in turn are supervised by the Supreme Court. There are specialized courts at different levels, such as the administrative court, family courts and juvenile courts. There are also special public and revolutionary courts that try certain categories of offences, including crimes against national security and narcotics smuggling. Decisions rendered in revolutionary courts can be appealed, except for sentences of less than three months’ imprisonment and fines under 500,000 rials. Special courts handle cases involving military personnel and the clergy. The Working Group on Arbitrary Detention, during its visit in 2003, raised concerns about the impact of such courts on the principle of equality before the law. The Working Group called for their functions to be transferred to the ordinary courts.
“The Working Group also noted that the abolition of prosecutors between 1995 and 2002 was one of the main reasons for the malfunctioning of the justice system (E/CN.4/2004/3/Add.2 and Corr.1). Prosecutors were reintroduced to the system in 2002; however they remain functionally part of the judiciary under the supervision of the head of the judiciary and do not exercise a fully independent role.” [10a] (p4)
11.14 The same report added that: “The Iranian Bar Association has expressed concern over new legislation that establishes a parallel system for the issuance of attorney licences, which could further undermine the independence of the bar.” (UN, 1 October 2008) [10a] (p17)
11.15 The 2005 Danish FFM report stated:
“Mohammad Javad Shariat Bagheri, Director General of the Iranian judicial system’s international department reported that the judicial system is independent of government, including the Ministry of Justice. The judicial system is directly under the control of Khomeini, the ‘supreme leader’. Since 1999, the senior director of the judicial system has been Mahmoud Hashemi Sharudi, who has carried out a number of reforms. For example, a real prosecuting authority was reintroduced in 2002 and a number of state advocates have since been appointed.” [86a] (p6)
11.16 The Danish FFM report 2005 added:
“Mohammad Javad Shariat Bagheri, Director General of the Iranian judicial system’s international department reported that all judges in the various courts can have two different educational backgrounds. The normal educational background is a legal qualification from a university. Around 90% of judges have a university education in law. Around 10% of judges have theological training from a priests’ seminary. Irrespective of educational background, all prospective judges must go through a one-year judicial training course ending with an examination before they are allowed to practise. The course is designed to give its participants the skills to carry out the office of judge in a correct manner.” [86a] (p7)
11.17 The Freedom House, Freedom in the World 2009 report on Iran, published on 16 July 2009, reported that:
“The judicial system is not independent, as the supreme leader directly appoints the head of the judiciary, who in turn appoints senior judges. General Courts ostensibly safeguard the rights of defendants, but in practice, suspects are frequently tried in closed sessions without access to legal counsel. Political and other sensitive cases are tried before Revolutionary Courts, where due process protections are routinely disregarded and trials are often summary.” [112g]
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Fair trial
11.18 The report of the Secretary-General to the United Nations on the situation of human rights in the Islamic Republic of Iran, dated 1 October 2008, stated that:
“The Penal Code and the Code of Penal Procedure provide various procedural guarantees aimed at ensuring due process of law and fair trial rights. For instance, article 190 of the Code of Penal Procedure requires that defence lawyers be given full access to prosecution documents and time to review them. However, some provisions fall short of international human rights standards. For instance, article 33 of the Code of Criminal Procedure allows for a suspect to be detained without charge for one month, which may then be renewed.” [10a] (p4)
11.19 The same report adds: “Particularly in revolutionary court hearings, an extremely restrictive interpretation of article 128 of the Code of Penal Procedure and note 3 to the Law on the Selection of Counsel led to the exclusion of counsel at the discretion of the judges.” (UN, 1 October 2008) [10a] (p17)
11.20 The USSD Report 2008 stated that:
“… according to the constitution and the criminal procedure code, a defendant has the right to a public trial, presumption of innocence, a lawyer of his or her choice, and the right of appeal in most cases involving major penalties. However, these rights were not respected in practice. Panels of judges adjudicate trials. There is no jury system in the civil and criminal courts. In the press court, a council of 11 persons specifically selected by the court adjudicates the case. Defendants did not have the right to confront their accusers, and were not granted access to government-held evidence.
“UN representatives, including UN special representatives (UNSRs) and the UN Working Group on Arbitrary Detention, as well as independent human rights organizations, noted the absence of procedural safeguards in criminal trials. Numerous human rights groups condemned trials in the revolutionary courts for disregarding international standards of fairness. Revolutionary court judges were chosen in part due to their ideological commitment to the system. Authorities often charged individuals with undefined crimes, such as ‘antirevolutionary behavior,’ ‘moral corruption,’ and ‘siding with global arrogance.’ If post-revolutionary statutes did not address a situation, the government advised judges to give precedence to their knowledge and interpretation of Islamic law. Secret or summary trials of only five minutes' duration occurred frequently. Other trials were deliberately designed to publicize a coerced confession.
“The legitimacy of the special clerical court system continued to be subject to debate. The clerical courts, which investigate offenses and crimes committed by clerics and which are overseen directly by the supreme leader, are not provided for in the constitution and operated outside the domain of the judiciary. According to a 2007 AI report, defendants could only be represented by court-nominated clerics who are not required to be legally qualified. AI reported that in some cases the defendant was unable to find a person among the nominated clerics willing to act as defense counsel and was tried without legal representation. Critics alleged clerical courts were used to prosecute clerics for expressing controversial ideas and participating in activities outside the sphere of religion, such as journalism or reformist political activities.” [4a] (Section 1e)
11.21 On 26 October 2009, Human Rights Watch reported that “Scores of prominent reformist politicians, intellectuals, journalists, clerics, student leaders, and others have been put on trial before courts that do not meet international fair trial standards following the nationwide protests against the disputed results of Iran's elections on June 12, 2009.” HRW reported that 30 verdicts had so far been issued by the Revolutionary Court, including four death sentences and other sentences of between five and 12 years “All 30 of the prisoners had been held for months without access to lawyers, much of that time in solitary confinement. The authorities assigned them lawyers at their trials, but there was no time to prepare their defense and the court-appointed lawyers have not represented them properly.” [8b]
See also Latest news, Penal code and Political affiliation
Trial in absentia
11.22 A report from the Canadian Immigration and Refugee Board (CIRB), dated 20 June 2006, stated that:
“In accordance with Article 217 of the Criminal Procedure Code, in cases involving crimes of public order (as opposed to religious crimes), if the accused and/or his representative is absent from the entire proceedings, then the court can issue its sentence in absentia, which of course will be subject to appeal once it is properly served on the accused. There is no restriction as to the type of sentence that may be issued and therefore it includes death sentences issued in absentia. There is no express provision in this respect, but Note 2 of … Article 217 would only allow the court to proceed in the absence of the accused if the court is of the opinion that there is no basis for the conviction of the accused and arriving at that decision does not require interrogation of the accused. Otherwise, the presence of the accused is necessary for completion of the proceedings and issuance of the final verdict (4 May 2006).” [2ad] (p1)
11.23 The APCI Report 2008 noted that:
“… in absentia verdicts have a separate time frame for appeal, does not state that this period is 10 days within the issuing court per Article 217. In absentia cases, the time limitations relevant in all cases, namely 20 days of appeal within the appropriate appellate authority per Article 236 of the Penal Procedure code, do not begin to run until the initial 10 days are exhausted. For individuals residing overseas (where this is officially registered with the authorities), the time frame is 2 months.” [6a] (p17)
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