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Iran

Section 1. Respect for the Integrity of the Person, Including Freedom from:

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care. Prisoner hunger strikes in protest of their treatment were frequent.

Physical Conditions: Overcrowding, long a problem in prisons with many prisoners forced to sleep on floors, in hallways, or in prison yards, became particularly acute following mass arrests during the November 2019 protests, according to comments by local government officials referenced in a July report by UNSR Rehman.

Overall conditions worsened significantly during the COVID-19 pandemic. According to a report by Amnesty International, which cited letters written by senior prison authorities, prisons had serious shortages of disinfectant products and protective equipment needed to address the spread of virus. The letters reportedly acknowledged many prisons held individuals with underlying health conditions, which increased their risk of complications if infected with COVID-19. Authorities announced that between late February and late May, they had temporarily released around 128,000 prisoners on furlough and pardoned another 10,000 in response to the outbreak. On July 15, as COVID-19 cases spiked again, the judiciary spokesperson announced the government had issued guidelines to facilitate a second round of furloughs. Prisoners of conscience were mostly excluded from these measures, including human rights defenders, foreign and dual nationals, environmentalists, individuals detained due to their religious beliefs, and persons arbitrarily detained in connection with the November 2019 protests.

There were reported deaths in custody and prisoner-on-prisoner violence, which authorities sometimes failed to control. In April, Amnesty International reported at least 35 prisoners were killed and others injured in at least eight prisons across the country when security officials used live ammunition and tear gas to suppress riots because of COVID-19 safety fears. As of December 8, the government had not investigated these events.

According to IranWire and human rights NGOs, guards beat both political and nonpolitical prisoners during raids on wards, performed nude body searches in front of other prisoners, and threatened prisoners’ families. In some instances, according to HRANA, guards singled out political prisoners for harsher treatment.

Prison authorities often refused to provide medical treatment for pre-existing conditions, injuries that prisoners suffered at the hands of prison authorities, or illnesses due to the poor sanitary conditions in prison. Human rights organizations reported that authorities used denial of medical care as a form of punishment for prisoners and as an intimidation tool against prisoners who filed complaints or challenged authorities. Medical services for female prisoners were reported as grossly inadequate.

An October 6 OHCHR statement expressed serious concern regarding a consistent pattern of the government denying medical treatment to detainees, including political prisoners, which was heightened during the year due to the spread of COVID-19 throughout prisons. The statement called for the unconditional release of human rights defenders, lawyers, political prisoners, peaceful protesters and all other individuals deprived of their liberty for expressing their views or otherwise exercising their rights.

The United Nations and NGOs have consistently reported other unsafe and unsanitary detention conditions in prisons, including contaminated food and water, frequent water and food shortages, rodent and insect infestations, shortages of bedding, intolerable heat, and poor ventilation.

There were no updates on the status of Gonabadi Sufi dervish women unjustly detained in Shahr-e Rey Prison on national security-related charges since 2018. The women were routinely denied urgently needed medical care and kept in unsanitary, inhuman conditions.

Authorities occasionally held pretrial detainees with convicted prisoners. According to a June 2019 report from IranWire, there was a noticeable increase from the previous two years of the practice of holding political prisoners in wards with allegedly violent and dangerous criminals, with the goal of “breaking” the political prisoners’ wills. A July report by UNSR Rehman noted that prisoners ordinarily held in wards controlled by the IRGC or Ministry of Intelligence were moved to public wards after the sharp increase in detainees following the November 2019 protests. Also, according to HRANA, juvenile detainees were held with adult prisoners in some prisons, including Saghez Central Prison in Kurdistan Province. Male juvenile detainees were held in separate rehabilitation centers in most urban areas, but female juvenile detainees and male juvenile detainees in rural areas were held alongside adults in segregated detention facilities, according to NGO reports.

IranWire reported multiple prisons across the country held older children who lived with their incarcerated mothers without access to medical care or educational and recreational facilities. Following the November 2019 protests, child detainees were reportedly held in the same cells as adults at a facility in Ahvaz due to overcrowding, according to UNSR Rehman.

There were numerous reports of prisoner suicides throughout the year in response to prison conditions or mistreatment. According to a September 27 IranWire report, Mohammad Ghaderi attempted suicide in May to escape continuous torture by IRGC intelligence agents. In June prisoners Farzin Nouri and Hadi Rostrami reportedly attempted suicide at Orumiyeh by consuming poison. In September, 20 prisoners attempted suicide within two weeks in Orumiyeh Central Prison in West Azerbaijan Province due to the horrific conditions in that prison. According to his wife, in May journalist and filmmaker Mohammad Nourizad, imprisoned since 2019 for signing an open letter with 13 others calling for the resignation of the supreme leader, attempted suicide in Vakilabad Prison in Mashhad. Authorities had prevented Nourizad from receiving a temporary furlough, being transferred to a prison closer to his home, and receiving regular telephone calls.

Administration: According to reports from human rights NGOs, prison authorities regularly denied prisoners access to an attorney of their choice, visitors, telephone calls, and other correspondence privileges. Prisoners practicing a religion other than Shia Islam reported experiencing discrimination.

Authorities did not initiate credible investigations into allegations of inhuman conditions or suspicious deaths in custody. Prisoners were able to submit complaints to judicial authorities but often faced censorship or retribution in the form of slander, beatings, torture, and denial of medical care and medication or furlough requests, as well as charges of additional crimes.

On October 23, HRW highlighted the cases of environmentalist Niloufar Bayani and student activist Parisa Rafiee, both of whom authorities charged with “publishing false information,” and “propaganda against the state,” for reporting abuse in detention.

Families of executed prisoners did not always receive notification of their scheduled executions, or if they did, it was often on very short notice. Authorities frequently denied families the ability to perform funeral rites or an impartial autopsy.

Independent Monitoring: The government did not permit independent monitoring of prison conditions. Prisoners and their families often wrote letters to authorities and, in some cases, to UN bodies to highlight and protest their treatment (see section 1.e., Political Prisoners and Detainees).

Arrest Procedures and Treatment of Detainees

The constitution and law require a warrant or subpoena for an arrest and state that arrested persons should be informed of the charges against them within 24 hours. Authorities, however, held some detainees, at times incommunicado, for prolonged periods without charge or trial and frequently denied them contact with family or timely access to legal representation.

The law obligates the government to provide indigent defendants with attorneys for certain types of crimes. The courts set prohibitively high bail, even for lesser crimes, and in many cases courts did not set bail. Authorities often compelled detainees and their families to submit property deeds to post bail, effectively silencing them due to fear of losing their families’ property.

The government continued to use house arrest without due process to restrict movement and communication. At year’s end former presidential candidates Mehdi Karroubi and Mir Hossein Mousavi, as well as Mousavi’s wife Zahra Rahnavard, remained under house arrest imposed in 2011 without formal charges. Security forces continued to restrict their access to visitors and information. In November it was reported that Mousavi and his wife had tested positive for COVID-19. Concerns persisted regarding Karroubi’s deteriorating health, reportedly exacerbated by his treatment by authorities.

Arbitrary Arrest: Authorities commonly used arbitrary arrests to impede alleged antiregime activities, including by conducting mass arrests of persons in the vicinity of antigovernment demonstrations. According to Amnesty International, these arrests sometimes included children and bystanders at protests and were conducted in an often violent manner, involving beating detainees. Plainclothes officers arrived unannounced at homes or offices; arrested persons; conducted raids; and confiscated private documents, passports, computers, electronic media, and other personal items without warrants or assurances of due process.

Individuals often remained in detention facilities for long periods without charges or trials, and authorities sometimes prevented them from informing others of their whereabouts for several days. Authorities often denied detainees’ access to legal counsel during this period.

According to a September report by Amnesty International, at least 7,000 persons were arrested in relation to the November 2019 protests, and at least 500 were subjected to criminal investigations on vague and unsubstantiated charges as of August, although Amnesty estimated the number to be “far higher.”

International media and human rights organizations documented frequent detentions of dual nationals–individuals who are citizens of both Iran and another country–for arbitrary and prolonged detention on politically motivated charges. UNSR Rehman continued to highlight cases of dual and foreign nationals who authorities had arrested arbitrarily and subjected to mistreatment, denial of appropriate medical treatment, or both. The UNSR noted most dual and foreign nationals did not benefit from temporary furloughs granted by authorities to many other prisoners. The UNSR previously concluded the government subjected dual and foreign nationals to “sham trials which have failed to meet basic fair trial standards and convicted them of offenses on the basis of fabricated evidence or, in some cases, no evidence at all, and has attempted to use them as diplomatic leverage.” Dual nationals, like other citizens, faced a variety of due process violations, including lack of prompt access to a lawyer of their choosing and brief trials during which they were not allowed to defend themselves.

Authorities continued to detain dual nationals Emad Sharghi and Siamak Namazi in Evin Prison on “espionage” charges following lower court trials with numerous procedural irregularities, according to international media and NGO reports. Sharghi was initially detained in April 2018 and released on bail in December of that year.  In December 2019 officials informed Sharghi he had been cleared of all charges, but he was re-arrested in December 2020 after having been convicted and sentenced in absentia. Authorities initially detained Namazi in 2015 along with his father, Baquer, who was granted medical furlough in 2018 but was not allowed to leave the country.

On February 23, the Bahai International Community stated that a Houthi court in Yemen was prosecuting a group of Bahai under “directives from Iranian authorities.” The Bahai prisoners were deported in July without a review of their citizenship status. Bahais continued to face arbitrary detention and harassment in Yemen throughout the year because of their religious affiliation (see the Country Reports on Human Rights Practices for Yemen).

Pretrial Detention: Pretrial detention was often arbitrarily lengthy, particularly in cases involving alleged violations of “national security” law. Authorities sometimes held persons incommunicado for lengthy periods before permitting them to contact family members. Instances of unjust and arbitrary pretrial detention were commonplace and well documented throughout the year involving numerous protesters and prisoners of conscience who were not granted furloughs despite the rampant spread of COVID-19 in prison. According to HRW, a judge may prolong detention at his discretion, and pretrial detentions often lasted for months. Often authorities held pretrial detainees in custody with the general prison population.

Political Prisoners and Detainees

Official statistics regarding the number of citizens imprisoned for their political beliefs were not available. According to United for Iran, as of October 18, an estimated 500 prisoners of conscience were held in the country, including those jailed for their religious beliefs.

The government often charged political dissidents with vague crimes, such as “antirevolutionary behavior,” “corruption on earth,” “siding with global arrogance,” “waging war against God,” and “crimes against Islam.” Prosecutors imposed strict penalties on government critics for minor violations.

The political crimes law defines a political crime as an insult against the government, as well as “the publication of lies.” Political crimes are those acts “committed with the intent of reforming the domestic or foreign policies of Iran,” while those with the intent to damage “the foundations of the regime” are considered national security crimes. The court and the Public Prosecutor’s Office retain responsibility for determining the nature of the crime.

The political crimes law grants the accused certain rights during arrest and imprisonment. Political criminals should be held in detention facilities separate from ordinary criminals. Political criminals should also be exempt from wearing prison uniforms, not subject to rules governing repeat offenses, not subject to extradition, and exempt from solitary confinement unless judicial officials deem it necessary. Political criminals also have the right to see and correspond with immediate family regularly and to access books, newspapers, radio, and television.

Many of the law’s provisions have not been implemented, and the government continued to arrest and charge students, journalists, lawyers, political activists, women’s activists, artists, and members of religious minorities with “national security” crimes that do not fall under the political crimes law. Political prisoners were also at greater risk of torture and abuse in detention. They were often mixed with the general prison population, and former prisoners reported that authorities often threatened political prisoners with transfer to criminal wards, where attacks by fellow prisoners were more likely. Human rights activists and international media reported cases of political prisoners confined with accused and convicted violent criminals, being moved to public wards in cases of overcrowding, and having temporary furloughs inequitably applied during the COVID-19 pandemic (see section 1.c., Physical Conditions). The government often placed political prisoners in prisons far from their families, denied them correspondence rights, and held them in solitary confinement for long periods.

The government reportedly held some detainees in prison for years on unfounded charges of sympathizing with real or alleged terrorist groups.

The government issued travel bans on some former political prisoners, barred them from working in their occupations for years after incarceration, and imposed internal exile on some. During the year authorities occasionally gave political prisoners suspended sentences and released them on bail with the understanding that renewed political activity would result in their return to prison. The government did not permit international humanitarian organizations or UN representatives access to political prisoners.

According to CHRI, on September 26, Iran Writers Association members Reza Khandan Mahabahi, Baktash Abtin, and Keyvan Bajan began serving prison sentences for “assembly and collusion against national security,” related to publishing documents objecting to censorship and organizing memorial ceremonies for association members killed by state agents in the 1990s.

Also according to CHRI, authorities arbitrarily extended a five-year prison sentence by two years against activist Atena Daemi, shortly before she was due to be released in July after serving the full term on “national security” charges and for insulting the supreme leader. The additional two-year sentence reportedly stemmed from Daemi singing a song in prison honoring executed prisoners.

On October 7, judicial authorities ordered the release of human rights defender and journalist Narges Mohammadi. Mohammadi was arrested in 2015 and sentenced by a revolutionary court to 16 years in prison for “propaganda against the state,” “assembly and collusion against national security,” and establishing the illegal Step by Step to Stop the Death Penalty organization. During her time in prison, authorities repeatedly denied her telephone contact with her family, as well as appropriate medical treatment related to a major operation she underwent in May 2019.

Lawyers who defended political prisoners were often arrested, detained, and subjected to excessive sentences and punishments for engaging in regular professional activities. The government continued to imprison lawyers and others affiliated with the Defenders of Human Rights Center advocacy group.

In June, CHRI reported that at least five human rights attorneys–Soheila Hejab, Payam Derafshan, Mohammad Nafari, Amirsalar Davoudi, and Nasrin Sotoudeh–were in prison for their human rights work. Hejab and Derafshan (see section 1.b.) were detained during the year. In late May security officials incarcerated Hejab on earlier charges of supporting dissident groups, after she had been temporarily freed in March. In November the Kurdish Human Rights Network reported authorities charged Hejab with additional crimes related to a letter she wrote from prison marking the first anniversary of the November 2019 protests.

On November 7, the judiciary reported it had temporarily released Nasrin Sotoudeh, amid reports her health was rapidly deteriorating. On December 2, she was returned to Qarchak Prison despite continuing health challenges. In March 2019 a revolutionary court sentenced Sotoudeh to a cumulative 38 years in prison and 148 lashes for providing legal defense services to women charged with crimes for not wearing hijab. Sotoudeh was previously arrested in 2010 and pardoned in 2013.

According to HRW, on February 18, a judiciary spokesperson announced a revolutionary court upheld prison sentences against eight environmentalists sentenced to between six to 10 years for conviction of various “national security” crimes. Authorities arrested the environmentalists, including United States-British-Iranian triple national Morad Tahbaz, in 2018 and convicted them following an unfair trial, in which the judge handed down the sentences in secret, did not allow access to defense lawyers, and ignored the defendants’ claims of abuse in detention.

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The Lessons of 1989: Freedom and Our Future