China (Includes Hong Kong, Macau, and Tibet)
Section 1. Respect for the Integrity of the Person
There were numerous reports that the government or its agents committed arbitrary or unlawful killings. In many instances few or no details were available. In an April 21 report, Amnesty International declared the country executed potentially thousands of individuals in 2020.
In Xinjiang there were reports of custodial deaths related to detentions in the internment camps. There were multiple reports from Uyghur family members who discovered their relatives had died while in internment camps or within weeks of their release. In January, Radio Free Asia (RFA) reported the 82-year-old Uyghur poet Haji Mirzahid Kerimi died in prison while serving an 11-year sentence for writing books that were later blacklisted. According to RFA, Kerimi was arrested in 2017 as part of the People’s Republic of China’s (PRC) campaign to censor “dangerous” literature. RFA also reported Kurbanjan Abdukerim died in February shortly after his release from an internment camp. During the three years of his detainment, Abdukerim family reported he had lost more than 100 pounds and that the cause of his death was unknown.
Disappearances through multiple means continued at a nationwide, systemic scale.
The primary means by which authorities disappeared individuals for sustained periods of time is known as “Residential Surveillance at a Designated Location” (RSDL). RSDL codifies in law the longstanding practice of the detention and removal from the public eye of individuals the state deems a risk to national security or intends to use as hostages. The primary disappearance mechanism for public functionaries is known as liuzhi. Per numerous reports, individuals disappeared by RSDL and liuzhi were subject to numerous abuses including but not limited to physical and psychological abuse, humiliation, rape, torture, starvation, isolation, and forced confessions.
The government conducted mass arbitrary detention of Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim and ethnic minority groups in Xinjiang. Amnesty International, Human Rights Watch, and other nongovernmental organizations (NGOs) alleged these detentions amounted to enforced disappearance, since families were often not provided information concerning the length or location of the detention.
Amnesty International reported in April that Ekpar Asat, also known as Aikebaier Aisaiti, a Uyghur journalist and entrepreneur, had been held in solitary confinement since 2019 in Aksu Prefecture. He was reportedly detained in Xinjiang in 2016 shortly after participating in a program in the United States and subsequently sentenced to up to 15 years in prison.
In July officials at Tongji University in Shanghai confirmed that Uyghur research scientist Tursunjan Nurmamat had been detained after Nurmamat suddenly went silent on social media in April. Further details on Nurmamat’s case and whereabouts were unknown.
Professional tennis player Peng Shuai disappeared from public view for approximately three weeks after her November 2 accusation on social media that former Politburo Standing Committee member and vice premier Zhang Gaoli had sexually assaulted her. Her reappearance, via what appeared to be tightly controlled and staged video clips, raised concerns that authorities were controlling her movement and speech (see section 6, Women).
Former lawyer Tang Jitian, a long-time advocate for Chinese citizens, has been held incommunicado since December 10, reportedly in connection with his plans to attend Human Rights Day events in Beijing. Subsequently there were reports that authorities had sent a video to his former wife telling his family to remain quiet.
In 2020, four citizen journalists disappeared from public view after authorities in Wuhan took them into custody. Chen Qiushi, Li Zehua (who was released after two months in April 2020), Zhang Zhan, and Fang Bin had interviewed health-care professionals and citizens and later publicized their accounts on social media during the initial COVID-19 outbreak and subsequent lockdown in Wuhan. Media reported November 24 that Fang Bin was in custody in Wuhan, the first news of his location since his arrest in February 2020. On September 30, Chen Qiushi appeared on social media but said he could not talk about what happened to him. In November according to reports from her family and lawyer in media, Zhang Zhan, who had been sentenced in December 2020 to four years’ imprisonment, remained in detention and has been on an intermittent hunger strike.
The government still had not provided a comprehensive, credible accounting of all those killed, missing, or detained in connection with the violent suppression of the 1989 Tiananmen demonstrations. Many activists who were involved in the 1989 demonstrations and their family members continued to suffer official harassment. The government made no efforts to prevent, investigate, or punish such harassment.
The law prohibits the physical abuse and mistreatment of detainees and forbids prison guards from coercing confessions, insulting prisoners’ dignity, and beating or encouraging others to beat prisoners. The law excludes evidence obtained through illegal means, including coerced confessions, in certain categories of criminal cases. There were credible reports that authorities routinely ignored prohibitions against torture, especially in politically sensitive cases.
Numerous former prisoners and detainees reported they were beaten, raped, subjected to electric shock, forced to sit on stools for hours on end, hung by the wrists, deprived of sleep, force-fed, forced to take medication against their will, and otherwise subjected to physical and psychological abuse. Although prison authorities abused ordinary prisoners, they reportedly singled out political and religious dissidents for particularly harsh treatment.
Zhang Zhan, sentenced to four years’ imprisonment in December 2020 for her activities as a citizen journalist during the COVID-19 outbreak in Wuhan, was not allowed family visits by Shanghai prison authorities. When Zhang went on a hunger strike, prison officials force-fed her, tying and chaining her arms, torso, and feet.
In August after 21 months in detention, human rights lawyer Ding Jiaxi was indicted. Ding was detained in 2019 on suspicion of “inciting subversion of state power” for participating in a meeting in Xiamen, Fujian Province, to organize civil society activities and peaceful resistance to Chinese Communist Party (CCP) rule. Ding’s wife posted on Twitter that Ding was tortured in a detention center in Beijing, including being subjected to sleep deprivation tactics such as shining a spotlight on him 24 hours per day.
On March 22, Zhang Wuzhou was sentenced to two years and nine months in prison for “obstructing official duty, provoking quarrels and stirring up trouble.” Following her arrest in June 2020, Zhang was tortured in the Qingxin District Detention Center in Qingyuan (Guangdong Province), according to her lawyer’s July 2020 account as reported by Radio Free Asia. Zhang said that detention center authorities handcuffed her, made her wear heavy foot shackles, and placed her in a cell where other inmates beat her. The Qingyuan Public Security Bureau detained Zhang on charges of “provoking quarrels and stirring up troubles” two days after she held banners at Guangzhou Baiyun Mountains to mark the anniversary of the Tiananmen massacre.
As of November human rights activist and lawyer Yu Wensheng remained in a Nanjing prison serving a four-year sentence. In April he was treated in a hospital for nerve damage from an unknown incident suffered in prison. He was convicted in June 2020 for “inciting subversion of state power” and was held incommunicado for 18 months before and after his conviction. Yu reported he was repeatedly sprayed with pepper spray and was forced into a stress position for an extended period.
As of November human rights lawyer Chang Weiping, who was reportedly tortured while in RSDL, was still in pretrial detention. Chang, known for his successful representation of HIV and AIDS discrimination cases, was detained in October 2020 after posting a video to YouTube detailing torture he suffered during a January 2020 round of RSDL.
In December 2020 Niu Tengyu was sentenced to a 14-year jail term by the Maonan District People’s Court in Guangdong for “picking quarrels and stirring up trouble,” “violating others’ privacy,” and “running an illegal business” in a case that has been linked to the leak of the personal information of President Xi’s daughter. According to RFA, Niu’s lawyers alleged that prior to the trial, Niu was stripped, suspended from the ceiling, and his genitals burned with a lighter. They also alleged he was beaten so badly that he lost use of his right hand.
Members of the minority Uyghur ethnic group reported systematic torture and other degrading treatment by law enforcement officers and officials working within the penal system and the internment camps. Survivors stated that authorities subjected individuals in custody to electric shock, waterboarding, beatings, rape, forced sterilization, forced prostitution, stress positions, forced administration of unknown medication, and cold cells (see section 6, Systemic Racial or Ethnic Violence and Discrimination). In an October report on CNN, a former PRC police detective now living in Europe who had multiple tours of duty in Xinjiang confirmed many of these specific allegations in what he described as a systematic campaign of torture.
In March, Newlines Institute for Strategy and Policy released a comprehensive assessment of the PRC’s actions in Xinjiang to examine “whether China bears State responsibility for breaches of Article II of the Genocide Convention, in particular, whether China is committing genocide against the Uyghurs as defined by Article II of the Convention.” The report included contributions of more than 30 scholars and researchers and found that the PRC has implemented a campaign designed to eliminate Uyghurs, in whole or in part. The report stated, “[h]igh-level officials gave orders to ‘round up everyone who should be rounded up,’ ‘wipe them out completely,’ ‘break their lineage, break their roots, break their connections and break their origins.’” The report noted the PRC has also pursued a “dual systematic campaign of forcibly sterilizing Uyghur women of childbearing age and interning Uyghur men of child-bearing years, preventing the regenerative capacity of the group.”
In June, Amnesty International released a report that documented the accounts of more than 50 former detainees regarding the torture, mistreatment, and violence inflicted on them in camps in Xinjiang. The report detailed the systematic use of detainment and “re-education” centers to target Uyghurs and members of other ethnic minorities living in Xinjiang. The report concluded, “according to the evidence Amnesty International has gathered, corroborated by other reliable sources, members of the predominantly Muslim ethnic minorities in Xinjiang have been subjected to an attack meeting all the contextual elements of crimes against humanity.” Further, it elaborated on violence and detention stating, “Amnesty International believes the evidence it has collected provides a factual basis for the conclusion that the Chinese government has committed at least the following crimes against humanity: imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; torture; and persecution.”
The treatment and abuse of detainees under the liuzhi detention system, which operates outside the judicial system as a legal tool for the government and the CCP to investigate corruption and other offenses, featured custodial treatment such as extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days, according to press reports.
The law states psychiatric treatment and hospitalization should be “on a voluntary basis,” but the law also allows authorities and family members to commit persons to psychiatric facilities against their will and fails to provide meaningful legal protections for persons sent to psychiatric facilities. The law does not provide for the right to a lawyer and restricts a person’s right to communicate with those outside the psychiatric institution.
Official media reported the Ministry of Public Security directly administered 23 psychiatric hospitals for the criminally insane. While many of those committed to mental health facilities were convicted of murder and other violent crimes, there were also reports of activists, religious or spiritual adherents, and petitioners involuntarily subjected to psychiatric treatment for political reasons. Public security officials may commit individuals to psychiatric facilities and force treatment for “conditions” that have no basis in psychiatry.
Impunity was a significant problem in the security forces, including the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice, which manages the prison system.
Arbitrary arrest and detention remained systemic. The law grants public security officers broad administrative detention powers and the ability to detain individuals for extended periods without formal arrest or criminal charges. Lawyers, human rights activists, journalists, religious leaders and adherents, and former political prisoners and their family members continued to be targeted for arbitrary detention or arrest. (See section 1.b., Disappearance, for a description of RSDL and liuzhi.)
The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government generally did not observe this requirement.
There were allegations of detainee abuse and torture in the official detention system, known as liuzhi, of the National Supervisory Commission-Central Commission for Discipline Inspection (NSC-CCDI; see section 4). Liuzhi detainees are held incommunicado and have no recourse to appeal their detention. While detainee abuse is proscribed by the law, the mechanism for detainees to report abuse was unclear.
On March 14, Li Qiaochu was arrested for her human rights advocacy and involvement with fellow activists involved in the nationwide crackdown of lawyers and activists who participated in 2019 meetings in Xiamen, Fujian. Her first visit with her lawyer was on August 27, who reported that her mental health had deteriorated. At year’s end she was still detained in Shandong Province on suspicion of “subverting state power.”
On October 1, more than 170 Uyghurs in Hotan, Xinjiang, were detained by the National Security Agency of Hotan on the country’s national day, according to Radio Free Asia. They were accused of displaying feelings of resistance to the country during flag-raising activities. Among those detained were at least 40 women and 19 minors.
On September 19, journalist Sophia Huang and activist Wang Jianbing were detained in Guangzhou, according to the rights group Weiquanwang (Rights Protection Network). Huang had planned to leave China via Hong Kong on September 20 for the United Kingdom, where she intended to pursue graduate studies. Media reported that both were being held incommunicado under RSDL on suspicion of “incitement to subvert state power.” As of year’s end they remained detained in Guangzhou, and no one was allowed to see the pair.
In September, PRC authorities released Canadian citizens Michael Kovrig and Michael Spavor from detention in China and allowed them to return to Canada, shortly following the release by Canadian authorities of Huawei Technologies executive Meng Wanzhou. Kovrig and Spavor had been detained since December 2018, after the arrest in Canada of Meng. For months the two Canadian citizens were held in RSDL before being charged with a crime and were denied access to lawyers and consular services. Another Canadian, Robert Schellenberg, remained in detention as his sentence was reviewed. After Meng’s arrest, Schellenberg’s sentence for drug-smuggling crimes was increased from 15 years’ imprisonment to a death sentence.
There were no statistics available for the number of individuals in the liuzhi detention system nationwide. Several provinces, however, publicized these numbers, including Heilongjiang with 376 and Jilin with 275 detained, both in 2020. One provincial official heading the liuzhi detention system stated suspects averaged 42.5 days in detention before being transferred into the criminal justice system.
Although the law states the courts shall exercise judicial power independently, without interference from administrative organs, social organizations, and individuals, the judiciary did not exercise judicial power independently. Judges regularly received political guidance on pending cases, including instructions on how to rule, from both the government and the CCP, particularly in politically sensitive cases. The CCP Central Political and Legal Affairs Commission have the authority to review and direct court operations at all levels of the judiciary. All judicial and procuratorate appointments require approval by the CCP Organization Department.
Corruption often influenced court decisions since safeguards against judicial corruption were vague and poorly enforced. Local governments appointed and paid local court judges and, as a result, often exerted influence over the rulings of those judges.
A CCP-controlled committee decided most major cases, and the duty of trial and appellate court judges was to craft a legal justification for the committee’s decision.
Courts are not authorized to rule on the constitutionality of legislation. The law permits organizations or individuals to question the constitutionality of laws and regulations, but a constitutional challenge may be directed only to the promulgating legislative body. Lawyers had little or no opportunity to rely on constitutional claims in litigation.
Media sources indicated public security authorities used televised confessions of lawyers, foreign and domestic bloggers, journalists, and business executives to establish guilt before their criminal trial proceedings began. In some cases these confessions were likely a precondition for release. NGOs asserted such statements were likely coerced, perhaps by torture, and some detainees who confessed recanted upon release and confirmed their confessions had been coerced. No provision in the law allows the pretrial broadcast of confessions by criminal suspects.
In February, United Kingdom media regulator Ofcom cancelled the broadcast license of China Global Television Network, the international news channel of China Central Television, for having insufficient editorial independence from the PRC government and the CCP. In July 2020 Ofcom found in its formal investigation that China Global Television Network broadcast in 2013 and 2014 a confession forced from a British private investigator imprisoned in China. “Judicial independence” remained one of the subjects the CCP reportedly ordered university professors not to discuss (see section 2.a., Academic Freedom and Cultural Events).
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law states the “freedom and privacy of correspondence of citizens are protected by law,” but authorities often did not respect the privacy of citizens. A new civil code entered into force on January 1, introducing articles on the right to privacy and personal information protection. Although the law requires warrants before officers can search premises, officials frequently ignored this requirement. The Public Security Bureau and prosecutors are authorized to issue search warrants on their own authority without judicial review. There continued to be reports of cases of forced entry by police officers.
Authorities routinely monitored telephone calls, text messages, faxes, email, instant messaging, social media apps, and other digital communications intended to remain private, particularly of political activists. Authorities also opened and censored domestic and international mail. Security services routinely monitored and entered residences and offices to gain access to computers, telephones, and fax machines. Foreign journalists leaving the country found some of their personal belongings searched. In some cases, when material deemed politically sensitive was uncovered, the journalists had to sign a statement stating they would “voluntarily” leave these documents in the country.
According to Civil Rights and Livelihood Watch, a website focusing on human rights in China, Lin Xiaohua began appealing the bribery conviction of his older brother Lin Xiaonan, the former mayor of Fu’an City, Fujian Province, who in April was sentenced to 10 years and six months in prison. In June 2020 Xiaohua tried to send petition letters and case files to the Supreme People’s Procuratorate, the Supreme People’s Court, and the National Commission of Supervision-CCP Central Discipline Inspection Commission, but the post office opened all the letters then refused to deliver them. In July 2020 the Xiamen Culture and Tourism Administration confiscated the letters and files, stating they were “illegal publications.”
According to Freedom House, rapid advances in surveillance technology – including artificial intelligence, facial recognition, and intrusive surveillance apps – coupled with growing police access to user data helped facilitate the prosecution of prominent dissidents as well as ordinary users. A Carnegie Endowment report in 2019 noted the country was a major worldwide supplier of artificial-intelligence surveillance technology, such as facial recognition systems, surveillance cameras, and smart policing technology.
According to media reports, the Ministry of Public Security used tens of millions of surveillance cameras throughout the country to monitor the general public. Human rights groups stated authorities increasingly relied on the cameras and other forms of surveillance to monitor and intimidate political dissidents, religious leaders and adherents, Tibetans, and Uyghurs. These included facial recognition and “gait recognition” video surveillance, allowing police not only to monitor a situation but also to quickly identify individuals in crowds. In May the BBC reported Chinese technology companies had developed artificial intelligence, surveillance, and other technological capabilities to help police identify members of ethnic minorities, especially Uyghurs. The media sources cited public-facing websites, company documents, and programming language from firms such as Huawei, Megvii, and Hikvision related to their development of a “Uyghur alarm” that could alert police automatically. Huawei denied its products were designed to identify ethnic groups. The monitoring and disruption of telephone and internet communications were particularly widespread in Xinjiang and Tibetan areas. The government installed surveillance cameras in monasteries in the Tibetan Autonomous Region (TAR) and Tibetan areas outside the TAR (see Special Annex, Tibet). The law allows security agencies to cut communication networks during “major security incidents.” Government entities collected genetic data from residents in Xinjiang with unclear protections for sensitive health data.
According to Human Rights Watch, the Ministry of State Security partnered with information technology firms to operate a “mass automated voice recognition and monitoring system,” similar to ones already in use in Xinjiang and Anhui, to help solve criminal cases. According to one company involved, the system monitored Mandarin Chinese and certain minority languages, including Tibetan and Uyghur. In many cases other biometric data such as fingerprints and DNA profiles were being stored as well. This database included information obtained not just from criminals and criminal suspects but also from entire populations of migrant workers and all Uyghurs applying for passports. Some Xinjiang internment camp survivors reported that they were subjected to coerced comprehensive health screenings including blood and DNA testing upon entering the internment camps. There were also reports from former detainees that authorities forced Uyghur detainees to undergo medical examinations of thoracic and abdominal organs.
Forced relocation because of urban development continued in some locations. Protests over relocation terms or compensation were common, and authorities prosecuted some protest leaders. In rural areas, infrastructure and commercial development projects resulted in the forced relocation of thousands of persons.
Property-related disputes between citizens and government authorities sometimes turned violent. These disputes frequently stemmed from local officials’ collusion with property developers to pay little or no compensation to displaced residents, a lack of effective government oversight or media scrutiny of local officials’ involvement in property transactions, and a lack of legal remedies or other dispute resolution mechanisms for displaced residents. The problem persisted despite central government claims it had imposed stronger controls over illegal land seizures and taken steps to standardize compensation.
Government authorities also could interfere in families’ living arrangements when a family member was involved in perceived sensitive political activities.
The government at various levels and jurisdictions continued to implement two distinct types of social credit systems. The first, the corporate social credit system, is intended to track and prevent corporate malfeasance. The second, the personal social credit system, is implemented differently depending on geographic location.
Although the government’s goal was to create a unified government social credit system, there continued to be dozens of disparate social credit systems, operated distinctly at the local, provincial, and the national government levels, as well as separate “private” social credit systems operated by several technology companies. These systems collected vast amounts of data from companies and individuals in an effort to address deficiencies in “social trust,” strengthen access to financial credit instruments, and reduce corruption. These agencies often collected information on academic records, traffic violations, social media presence, friendships, adherence to birth control regulations, employment performance, consumption habits, and other topics. For example, there were reports individuals were not allowed to ride public transportation for periods of time because they allegedly had not paid for train tickets.
Industry and business experts commented that in its present state, the social credit system was not used to target companies or individuals for their political or religious beliefs, noting the country already possessed other tools outside the social credit system to target companies and individuals. The collection of vast amounts of personal data combined with the prospect of a future universal and unified social credit system, however, could allow authorities to control further the population’s behaviors.
In a separate use of social media for censorship, human rights activists reported authorities questioned them regarding their participation in human rights-related chat groups, including on WeChat and WhatsApp. Authorities monitored the groups to identify activists, which led to users’ increased self-censorship on WeChat as well as several separate arrests of chat group administrators.
The government continued to use the “double-linked household” system in Xinjiang developed through many years of use in Tibet. This system divides towns and neighborhoods into units of 10 households each, with the households in each unit instructed to watch over each other and report on “security issues” and poverty problems to the government, thus turning average citizens into informers. In Xinjiang the government also continued to require Uyghur families to accept government “home stays,” in which officials or volunteers forcibly lived in Uyghurs’ homes and monitored families’ observance of religion for signs of “extremism.” Those who exhibited behaviors the government considered to be signs of “extremism,” such as praying, possessing religious texts, or abstaining from alcohol or tobacco, could be detained in “re-education camps.”
The government restricted the right to have children (see section 6, Women).
Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: Rape of women is illegal and carries a sentence that ranges from three years in prison to death. The law does not safeguard same-sex couples or survivors of marital rape. A separate law on sexual assault includes male victims but has a lesser maximum penalty of five years in prison. Of the reported cases, most allegations of rape were closed through private settlement rather than prosecution. Some persons convicted of rape were executed.
Domestic violence remained a significant problem. Some scholars said victims were encouraged to attempt to resolve domestic violence through mediation. Societal sentiment that domestic violence was a personal, private matter contributed to underreporting and inaction by authorities when women faced violence at home. The law defines domestic violence as a civil, rather than a criminal, offense. The web publication Sixth Tone reported in 2019 that 25 percent of families had experienced domestic violence.
The government supported shelters for survivors of domestic violence, and some courts provided protections to survivors, including through court protective orders prohibiting a perpetrator of domestic violence from coming near to a survivor. Nonetheless, official assistance did not always reach survivors, and public security forces often ignored domestic violence. Legal aid institutions working to provide counseling and defense to survivors of domestic violence were often pressured to suspend public activities and cease all forms of policy advocacy, an area that was reserved only for government-sponsored organizations.
According to women’s rights activists, a recurring problem in the prosecution of domestic violence cases was a failure by authorities to collect evidence, including photographs, hospital records, police records, or children’s testimony. Witnesses seldom testified in court.
On November 2, professional tennis player Peng Shuai in a since-deleted post on Weibo accused former Politburo Standing Committee member and vice premier Zhang Gaoli of sexually assaulting her in 2018. Peng said she and Zhang previously had an extramarital relationship and that she went to Zhang’s house “about three years ago” at his invitation to play tennis with him and his wife, when he sexually assaulted her. International media said this was the first such public accusation against a senior CCP official. Peng disappeared from public view following her post, and her social media accounts were blocked. Her disappearance sparked an international outcry, and a subsequent series of public sightings were criticized as staged propaganda intended to defuse international criticism.
Courts’ recognition of domestic violence improved, making spousal abuse a mitigating factor in crimes committed in self-defense.
Sexual Harassment: The law prohibits sexual harassment against women. The law defines behaviors included in the definition of harassment, eliminates the statute of limitations of minors seeking to sue on sexual harassment grounds, and requires employers to make affirmative efforts to prevent and address sexual harassment in the workplace. It remained difficult for victims to file a sexual harassment complaint and for judges to reach a ruling on such cases. Human Rights Watch cited one statistic showing nearly 40 percent of women said they experienced sexual harassment in the workplace. Many women, however, remained unwilling to report incidents of sexual harassment, believing the justice system was ineffectual, according to official media. Several prominent media reports of sexual harassment were widely shared on social media, helping to raise awareness of the problem, particularly in the workplace.
In August a female employee of Hangzhou-based Alibaba wrote she had been sexually assaulted by her manager and a client and that Alibaba had not initially taken the matter seriously. Alibaba subsequently fired the accused manager, and two other senior employees resigned for not properly handling the allegations. The criminal case against the accused manager was ultimately dropped by prosecutors who said the “forcible indecency” committed by the man was not a crime.
On September 14, the Haidian District Court in Beijing ruled against plaintiff Zhou Xiaoxuan (also known as Xianzi) in a high-profile sexual harassment case, stating there was insufficient evidence to support her claims that China Central Television personality Zhu Jun had groped and forcibly kissed her in 2014 when she was an intern working for him.
The law allows victims to file a sexual harassment complaint with their employer, authorities, or both. Employers who failed to take effective measures to prevent sexual harassment could be fined.
Some women’s NGOs that sought to increase public awareness of sexual harassment reported harassment by public security and faced challenges implementing their programs.
Reproductive Rights: Through law and policy the CCP and government limit the rights of parents to choose the number of children they have. The law restricts most married couples to three children (increased from two in May) and allows couples to apply for permission to have a fourth child if they meet local and provincial requirements. In August the NPC formally passed the law raising the number of children permitted, including several provisions aimed at boosting the birth rate and “reducing the burden” of raising children. These provisions included abolishing the “social maintenance fee” that was a fine for having children beyond the previous limit, encouraging local governments to offer parental leave, and increasing women’s employment rights.
Enforcement of population control policy relied on social pressure, education, propaganda, and economic penalties, as well as on measures such as mandatory pregnancy examinations, contraception and, less frequently, forced sterilizations and, in some provinces, coerced abortions. Penalties for exceeding the permitted number of children were not enforced uniformly and varied by province. The law as implemented requires each woman with an unauthorized pregnancy to abort or to pay a social compensation fee, which can reach 10 times a person’s annual disposable income. Those with the financial means often paid the fee to ensure their children born in violation of the birth restrictions would have access to a wide array of government-provided social services and rights. Some avoided the fee by hiding such children with friends or relatives. The law only mentions the rights of married couples, which means unmarried women are not authorized to have children. They consequently have social compensation fees imposed on them if they give birth “outside of the policy,” and they could be subject to the denial of legal documents such as birth documents and the hukou residence permit, although local governments rarely enforced these regulations.
While authorities have liberalized population control measures for members of the Han majority since 2016, birth control policies directed toward Uyghurs became more stringent. Ethnic and religious minority women were often subject to coercive population control measures. Government targeting of ethnic and religious minorities in Xinjiang with intensified coercive family-planning measures resulted in plummeting birth rates since 2018. Most Xinjiang prefectures reported large increases in sterilizations and implantation of intrauterine devices (IUD), with Hotan Prefecture alone more than doubling its female sterilization numbers from 2017 to 2018. There were widespread reports of coercive population control measures – including forced abortions, forced sterilizations, involuntary IUD insertions, and pregnancy checks – occurring at detention centers in the region and targeting minority groups, primarily Uyghurs and ethnic Kazaks. Parents judged to have exceeded the government limit on the number of children (three or more) risked being sent to detention centers unless they paid exorbitant fines. In a January post later removed by Twitter, the PRC Embassy in the United States claimed, “Study shows that in the process of eradicating extremism, the minds of Uygur women in Xinjiang were emancipated and gender equality and reproductive health were promoted, making them no longer baby-making machines. They are more confident and independent.”
Since national family planning law mentions only the rights of married couples, local implementation was inconsistent, and unmarried persons were required to pay for contraception.
Sexual and reproductive health services including emergency contraception were available for survivors of sexual violence at public hospitals.
Discrimination: The constitution states “women enjoy equal rights with men in all spheres of life.” The law provides for equality in ownership of property, inheritance rights, access to education, and equal pay for equal work. Nonetheless, women reported that discrimination, unfair dismissal, demotion, and wage discrepancies were significant problems.
On average women earned 35 percent less than men who did similar work. This wage gap was greater in rural areas. Women were underrepresented in leadership positions, despite their high rate of participation in the labor force.
Authorities often did not enforce laws protecting the rights of women. According to legal experts, it was difficult to litigate sex discrimination suits because of vague legal definitions. Some observers noted the agencies tasked with protecting women’s rights tended to focus on maternity-related benefits and wrongful termination due to pregnancy or maternity leave rather than on sex discrimination, violence against women, or sexual harassment.
Women’s rights advocates indicated that in rural areas women often forfeited land and property rights to their husbands in divorce proceedings. The civil code includes a provision for a 30-day “cooling off” period in cases of uncontested divorce; some citizens expressed concern this leaves those seeking escape from domestic violence susceptible to further abuse. Rural contract law and laws protecting women’s rights stipulate women enjoy equal rights in cases of land management, but experts asserted this was rarely the case due to the complexity of the law and difficulties in its implementation.
Gender-biased Sex Selection: The most recent information from the State Council Information Office stated the boy-girl birth ratio had dropped from 113.5 in 2015 to 110.1 boys per 100 girls in 2019.
Nonmedical fetal sex diagnosis and aborting a pregnancy based on gender selection are illegal. Private and unregistered clinics, however, provided these services. Provincial health commissions made efforts to crack down on sex-selective abortions.
The constitution and laws include language that protects members of racial or ethnic minorities or groups from violence and discrimination; however, the government did not enforce these laws effectively, and authorities perpetrated and promoted violence and discrimination against members of racial or ethnic minority groups. Official state media outlets published numerous articles describing members of minority ethnic or religious groups as violent and inferior. Such propaganda emphasized the connection between religious beliefs, in particular belief in Islam, and acts of violence. Moreover, many articles described religious adherents as culturally backward and less educated, and thus in need of government rectification.
The government “sinicization” campaign resulted in ethnically based restrictions on movement, including curtailed ability to travel freely or obtain travel documents; greater surveillance and presence of armed police in ethnic minority communities; and legislative restrictions on cultural and religious practices.
The government promoted Han Chinese migration into minority areas, significantly increasing the population of Han in Xinjiang. Han Chinese officials continued to hold the majority of the most powerful CCP posts and many government positions in minority autonomous regions, particularly Xinjiang.
In 2017 the Xinjiang government implemented “Deradicalization Regulations,” codifying efforts to “contain and eradicate extremism.” Since 2017 the government used this broad definition of extremism to detain more than one million Uyghurs, ethnic Kazakhs, Kyrgyz, and other Muslims in re-education or detention centers, designed to instill patriotism and erase their religious and ethnic identities. This included many of those ordered to return to China from studying or working abroad. International media reported government security officials in the centers abused, tortured, and killed some detainees (see sections 1.a., 1.b., 1.c., 1.d., and 2.d.).
Outside the internment camps, the government implemented severe restrictions on expressions of minorities’ culture, language, and religious identity, including regulations prohibiting behaviors the government considered signs of “extremism” such as growing “abnormal” beards, wearing veils in public places, and suddenly stopping smoking and drinking alcohol, among other behaviors. The regulations banned the use of some Islamic names when naming children and set punishments for teaching religion to children. Authorities conducted “household surveys” and “home stays” in which officials or volunteers forcibly lived in Uyghurs’ homes and monitored families for signs of “extremism.” There were media reports that male officials would sleep in the same bed as the wives of men who were detained in internment camps, as part of the “Pair Up and Become Family” program, and also bring alcohol and pork for consumption during the home stay. Authorities also used a vast array of surveillance technology specifically designed to target and track Uyghurs.
The national government perpetuated and condoned policies and attitudes that promoted discrimination; minority groups in border and other regions had less access to education than their Han Chinese counterparts, faced job discrimination in favor of Han Chinese migrants, and earned incomes well below those in other parts of the country. Government development programs and job provisions intentionally disrupted traditional living patterns of minority groups and in some cases included the forced relocation of persons and the forced settlement of nomads. As part of its emphasis on building a “harmonious society” and maintaining social stability, the government promoted racism and institutional discrimination against minorities, and disparaged and denied the resulting complaints, cracking down on peaceful expressions of ethnic culture and religion.
Many of the security raids, arbitrary detentions, and judicial punishments appeared to target groups or individuals peacefully seeking to express their political or religious views. Detention and punishment could be based on expression on the internet and social media, including the browsing, downloading, and transmitting of banned content. Officials continued to use the threat of violence as justification for extreme security measures directed at the local population, journalists, and visiting foreigners. According to the official news agency Xinhua, officials used surveillance and facial recognition software, biodata collection, and big-data technology to create a database of Uyghurs in Xinjiang for the purpose of conducting “social-instability forecasting, prevention, and containment.” (See section 1.f.) Security forces frequently staged large-scale parades involving thousands of armed police in cities across Xinjiang, according to state media.
Uyghurs and members of other religious and ethnic minority groups continued to be sentenced to long prison terms and were in some cases executed without due process on spurious charges of separatism and endangering state security. (See sections 1.a. and 1.b.).
The law criminalizes discussion of “separatism” on the internet and prohibits use of the internet in any way that undermines national unity. It further bans inciting ethnic separatism or “harming social stability.” It requires internet service providers and network operators to set up monitoring systems to detect, report, and delete religious content, and to strengthen existing systems and report violations of the law. Authorities searched cell phones at checkpoints and during random inspections of Uyghur households. Persons in possession of alleged terrorist material, including pictures of general religious or cultural importance, could be arrested and charged with crimes. International media reported security officials at police checkpoints used a surveillance application to download and view content on mobile phones. (See section 1.f.).
Ethnic Kazakhs were also targeted. Throughout the year ethnic Kazakhs in Almaty and Nur-Sultan reported that PRC officials attempted to silence protests regarding their missing family members in Xinjiang. Small groups of Kazakhs often protested outside the PRC consulate in Almaty and the PRC Embassy in Nur-Sultan to demand answers concerning their families’ detention in Xinjiang. Local sources stated that PRC officials frequently called their cell phones to pressure them to stop protesting. Kazakhs were also prevented from moving freely between China and Kazakhstan, and some were detained in internment camps upon their return to China.
The government pressured foreign countries to forcibly repatriate or deny visas to Uyghurs who had left China, and repatriated Uyghurs faced the risk of imprisonment and mistreatment upon return. Some Uyghurs who were forcibly repatriated disappeared after arriving in China. Family members of Uyghurs studying overseas were also pressured to convince students to return to China, and returning students were detained or forced to attend “re-education camps,” according to overseas media. Overseas ethnic Uyghurs, whether they were citizens of the PRC or their countries of residence, were sometimes pressured to provide information concerning the Uyghur diaspora community to agents of the PRC government.
Freedom of assembly was severely limited in Xinjiang. For information regarding abuse of religious freedom in Xinjiang, see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
For specific information on Tibet, see the Tibet Annex.
Birth Registration: Citizenship is derived from parents. Parents must register their children in compliance with the national household registration system within one month of birth. Children born outside policy quotas or to single women often cannot be registered or receive other legal documents such as the hukou residence permit. Unregistered children could not access public services, including education, health care, identity registration, or pension benefits.
Education: Although the law provides for nine years of compulsory education for children, many children in poor rural areas did not attend school for the required period, and some never attended. Public schools were not allowed to charge tuition, but many schools continued to charge miscellaneous fees because they received insufficient local and central government funding. Such fees and other school-related expenses made it difficult for poorer families and some migrant workers to send their children to school. The gap in education quality for rural and urban youth remained extensive, with many children of migrant workers attending unlicensed and poorly equipped schools.
The law states “schools (classes and grades) and other institutions of education where most of the students come from minority nationalities shall, whenever possible, use textbooks in their own languages and use their languages as the medium of instruction.” Despite provisions to ensure cultural and linguistic rights, measures requiring full instruction in Mandarin beginning in preschool and banning the use of Uyghur in all educational activities and management were implemented throughout Xinjiang, according to international media.
Government authorities in Inner Mongolia required instructors to use Mandarin to teach history and politics instead of the Mongolian language and traditional Mongolian script, which are viewed as a key part of Mongolian culture. The PRC implemented similar policies in Xinjiang, Tibet, and other provinces to encourage a “national common language,” but which observers viewed as a means to erode unique languages and cultures.
Child Abuse: The physical abuse of children is grounds for criminal prosecution, and the law protects children. Sexual abuse of minors, particularly of rural children, was a significant problem.
Child, Early, and Forced Marriage: The legal minimum age for marriage is 22 for men and 20 for women. Child marriage was not known to be a problem.
Sexual Exploitation of Children: The minimum legal age for consensual sex is 14. Persons who forced girls younger than 14 into commercial sex could be sentenced to 10 years to life in prison in addition to a fine or confiscation of property. In especially serious cases, violators could receive a life sentence or a death sentence, in addition to having their property confiscated. Those who paid for commercial sex with girls younger than 14 were subject to five years or more in prison in addition to paying a fine.
Pornography of any kind, including child pornography, is illegal. Under the criminal code, those producing, reproducing, publishing, selling, or disseminating obscene materials with the purpose of making a profit could be sentenced to up to three years in prison or put under criminal detention or surveillance in addition to paying a fine. Offenders in serious cases could receive prison sentences of three to 10 years in addition to paying a fine.
According to the law, persons broadcasting or showing obscene materials to minors younger than 18 are to be “severely punished.”
Infanticide or Infanticide of Children with Disabilities: The law forbids infanticide, although NGOs reported that female infanticide due to a traditional preference for sons and coercive birth limitation policies continued. Parents of children with disabilities frequently left infants at hospitals, primarily because of the anticipated cost of medical care. Gender-biased abortions and the abandonment and neglect of baby girls were believed to be in decline but continued to be a problem in some circumstances.
Displaced Children: The detention of an estimated one million or more Uyghurs, ethnic Kazakhs, Kyrgyz, and other Muslims in Xinjiang left many children without caregivers. While many of these children had relatives willing to care for them, the government placed the children of detainees in orphanages, state-run boarding schools, or “child welfare guidance centers,” where they were forcibly indoctrinated with CCP ideology and forced to learn Mandarin Chinese, reject their religious and cultural beliefs, and answer questions regarding their parents’ religious beliefs and practices.
In October 2020 a study on parent-child separation in Yarkand County, Kashgar Prefecture, analyzed data from government spreadsheets not previously available. According to the study, government statistics showed that between 2017 and 2019, the number of boarding students in primary and middle schools (grades one to nine) increased from 497,800 to 880,500. Children in these schools studied ethnic Han culture, Mandarin, and CCP ideology. Government policy aimed to provide such children with state-sponsored care until they reach age 18. In Hotan some boarding schools were topped with barbed wire.
Institutionalized Children: See “Displaced Children” section above.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The government does not recognize Judaism as an ethnicity or religion. The World Jewish Congress estimated the Jewish population at 2,500. There were no reports of anti-Semitic acts during the year.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
Some activists and organizations accused the government of forcibly harvesting organs from prisoners of conscience, including religious and spiritual adherents such as Falun Gong practitioners and Muslim detainees in Xinjiang. In June several UN experts issued a statement expressing alarm concerning allegations of organ harvesting “targeting minorities, including Falun Gong practitioners, Uyghurs, Tibetans, Muslims and Christians, in detention in China.”
The law protects the rights of persons with disabilities and prohibits discrimination, but in many instances conditions for such persons lagged behind legal requirements, and the government failed to provide persons with disabilities with access to programs intended to assist them.
According to the law, persons with disabilities “are entitled to enjoyment of equal rights as other citizens in political, economic, cultural, and social fields, in family life, and in other aspects.” Discrimination against, insult of, and infringement upon persons with disabilities is prohibited. The law prohibits discrimination against minors with disabilities and codifies a variety of judicial protections for juveniles.
The Ministry of Education reported there were more than 2,000 separate schools for children with disabilities, but NGOs reported only 2 percent of the 20 million children with disabilities had access to education that met their needs.
Individuals with disabilities faced difficulties accessing higher education. Universities often excluded candidates with disabilities who would otherwise be qualified. A regulation mandates accommodations for students with disabilities when taking the national university entrance exam.
Unemployment among adults with disabilities, in part due to discrimination, remained a serious problem. The law requires local governments to offer incentives to enterprises that hire persons with disabilities. Regulations in some parts of the country also require employers to pay into a national fund for persons with disabilities when employees with disabilities do not make up a statutory minimum percentage of the total workforce.
The law sets standards for making roads and buildings accessible to persons with disabilities; compliance was limited.
The law forbids marriage for persons with certain mental disabilities, such as schizophrenia. If doctors find a couple is at risk of transmitting congenital disabilities to their children, the couple may marry only if they agree to use birth control or undergo sterilization. In some instances officials continued to require couples to abort pregnancies when doctors discovered possible disabilities during prenatal examinations. The law stipulates local governments are to employ such practices to eliminate the births of children with disabilities.
Discrimination against persons with HIV remained a problem, impacting individuals’ employment, education, and housing opportunities and impeding access to health care. In some instances laws protecting persons with HIV from discrimination contradict laws restricting the rights of persons with HIV. During the year state media outlets reported instances of persons with HIV or AIDS who were barred from housing, education, or employment due to their HIV status. According to the National Health Commission, as of the end of 2019, an estimated 950,000 persons in the country had HIV or AIDS.
According to the law, companies may not demand HIV antibody tests nor dismiss employees for having HIV. Nonetheless, regulations also stipulate that HIV-positive individuals shall not engage in work that is prohibited by laws, administrative regulations, and the Department of Health under the State Council.
No laws criminalize private consensual same-sex conduct between adults. Individuals and organizations working on LGBTQI+ matters continued to report discrimination and harassment from authorities similar to that experienced by organizations that accept funding from overseas.
LGBTQI+ individuals reported incidents of violence, including domestic violence; however, they encountered difficulties in seeking legal redress, since regulations on domestic violence do not include recognition of same-sex relationships. Accessing redress was further limited by societal discrimination and traditional norms, resulting in most LGBTQI+ persons refraining from publicly discussing their sexual orientation or gender identity. Nonetheless, the civil code includes a provision that protects certain tenancy rights for designated partners of deceased property owners without officially defined family relationships.
NGOs working on LGBTQI+ topics reported that although public advocacy work became more difficult for them due to laws governing charities and foreign NGOs, they made some progress in advocating for LGBTQI+ rights through specific antidiscrimination cases.
In July, WeChat’s parent company Tencent deleted dozens of public WeChat accounts run by LGBTQI+ groups at universities across the country for allegedly violating internet regulations, including 14 of the most prominent accounts.
In September the National Radio and Television Administration ordered television companies to exclude niangpao or “sissy men” from their content. It was the first time the government used the term, which is used to insult or bully gay men. Also in September the administration condemned representations of gay men’s love stories on radio and television. Later in the month, the state-backed gaming association issued new video game guidelines stating that depictions of same-sex relationships, characters with ambiguous genders, and effeminate males were considered problems and would raise flags.
In November, LGBT Rights Advocacy China, an organization focused on changing law and policy, announced it was ceasing all activities and shutting down its social media accounts.
Section 1. Respect for the Integrity of the Person
There were no credible reports that the Special Administrative Region (SAR) or its agents committed arbitrary or unlawful killings.
There were no reports of disappearances by or on behalf of government authorities.
The law prohibits such practices and there were few reports of such abuse. According to a June Amnesty International report, prisoners in detention did not report abuse due to fear of retaliation. Other observers in direct contact with those in the detention facilities did not report witnessing or seeing evidence of abuse in the facilities.
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Under the NSL, however, the Hong Kong Police Force made several arbitrary arrests. The Hong Kong Police Force maintains internal security and reports to the SAR’s Security Bureau. The Immigration Department of the Security Bureau controls passage of persons into and out of the SAR as well as the documentation of local residents. The Security Bureau and police continue to report to the chief executive. The National Security Department of the police force, however, which was established by the NSL, operates under the supervision of the People’s Republic of China (PRC) government, and the NSL permits the embedding of mainland security personnel within the department. In addition, the NSL established a Committee on National Security within the SAR government that reports to the PRC government, as well as an Office for Safeguarding National Security in Hong Kong that is staffed by members of the PRC security agencies who may not be prosecuted under the SAR’s legal system. Therefore, it was no longer clear if the SAR’s civilian authorities maintain effective autonomous control over the city’s security services.
Security forces targeted nonviolent protesters, opposition politicians, and prodemocracy activists and organizations during the year. Multiple sources also reported suspected members of the PRC central government security services in the SAR were monitoring political activists, nongovernmental organizations (NGOs), and academics who criticized the PRC central government’s policies.
At the time of its passage, the SAR and PRC claimed the NSL was not retroactive. Despite that claim, international observers have noted that the police National Security Department, created by the NSL, used its sweeping investigative powers to find evidence of “sedition” prior to the establishment of the NSL and charge individuals under both the NSL and colonial-era sedition laws. Some of the evidence cited included individuals’ opinion posts online.
On January 6 and 7, authorities arrested 55 political activists for participating in the July 2020 unofficial pan-democratic primary election. Of those arrested, 47 were charged under the NSL with subversion.
Although the law generally provides for an independent judiciary, its independence was limited in NSL cases. Arrests and prosecutions appeared to be increasingly politically motivated. The SAR’s highest court stated that it was unable to find the NSL or any of its provisions unconstitutional, or to review the NSL based on incompatibility with the Basic Law or the International Covenant on Civil and Political Rights. Activists voiced concern about NSL proceedings because those charged under the NSL face stricter bail conditions; may be denied due process (see below) and a fair and public trial (see below); and may face extradition to the mainland for trial. In bail hearings, the NSL places the burden of proof on the defendant, rather than the prosecution, as is otherwise the case in most criminal matters. Local Chinese Communist Party-controlled media entities in the SAR put pressure on the judiciary to accept more “guidance” from the government and called for extradition to the mainland in at least one high-profile 2020 case; they also criticized sentences deemed too lenient.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions, but there were multiple reports the SAR government failed to respect these prohibitions, including credible reports that PRC central government security services and the Beijing-mandated Office for Safeguarding National Security monitored prodemocracy and human rights activists and journalists in the SAR. Some of those arrested under the NSL, including some of the 55 individuals arrested in January in connection with the July 2020 unofficial pan-democratic primary election, were required to forfeit personal mobile and computer devices, including before they were formally charged. Police made repeated requests to technology companies for access to individuals’ private correspondence. SAR authorities froze bank accounts of former lawmakers, civil society groups, and other political targets.
Technology companies, activists, and private citizens increasingly raised concerns about the right to privacy and protection of data. The antidoxing amendment passed in October allows the Office of the Privacy Commissioner for Personal Data to seize and access any electronic devices on the premises without a warrant if they suspect a doxing-related offense has been committed or may be committed. In June the Executive Council approved a proposal to mandate real name registration for subscriber identity module cards and to allow authorities to access telecommunications data without a warrant.
Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: The law criminalizes rape against women, including spousal rape, but does not explicitly criminalize rape against men. Support organizations for sexual and domestic violence reported an increase in gender-based violence based on the larger volume of calls to their hotlines and requests for mental health-care assistance. Activists expressed concern that rape was underreported, especially within ethnic minority communities.
The law does not directly criminalize domestic violence, but the government regarded domestic violence against women as a serious concern. Abusers may be liable for criminal charges under laws on offenses against the person, sexual assault, and child mistreatment, depending on which act constituted domestic violence. The government effectively prosecuted violators under existing criminal violations.
The law allows survivors to seek a three-month injunction, extendable to six months, against an abuser. The ordinance covers abuse between spouses, heterosexual and homosexual cohabitants, former spouses or cohabitants, and immediate and extended family members. It protects victims younger than 18, allowing them to apply for an injunction in their own right, with the assistance of an adult guardian, against abuse by parents, siblings, and specified immediate and extended family members. The law also empowers courts to require that an abuser attend an antiviolence program. In cases in which the abuser caused bodily harm, the court may attach an arrest warrant to an existing injunction and extend the validity of both injunctions and arrest warrants to two years.
The government maintained programs provided intervention, counseling, and assistance to domestic violence survivors and abusers.
Sexual Harassment: The law prohibits sexual harassment or discrimination based on sex, marital status, and pregnancy. The law applies to both men and women, and police generally enforced it effectively. There were multiple reports, however, of sexual harassment in housing, the workplace, and universities.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
The government provides access to sexual and reproductive health services, including emergency contraception, for survivors of sexual violence.
Discrimination: Women enjoy the same legal status and rights as men. The SAR’s sexual discrimination ordinance prohibits discrimination based on sex or pregnancy status, and the law authorizes the Equal Opportunities Commission to work towards the elimination of discrimination and harassment as well as to promote equal opportunity for men and women. Although the government generally enforced these laws, women reportedly faced some discrimination in employment, salary, welfare, inheritance, and promotion.
Although ethnic Chinese account for most of the population, the SAR is a multiethnic society, with persons from multiple ethnic groups recognized as permanent residents with full rights by law. The law prohibits discrimination, and the Equal Opportunities Commission oversees implementation and enforcement of the law. The commission maintained a hotline for inquiries and complaints concerning racial discrimination. Although the SAR government took steps to reduce discrimination, there were frequent reports of discrimination against ethnic minorities; the law does not clearly cover racial discrimination occurring during law enforcement activity.
Advocates stated there were indications of racism in COVID-19 testing and quarantine measures. Returning South and Southeast Asian SAR minority group residents complained of poor quarantine facilities, wait times, and diet, and accused the SAR of discrimination.
Persons born in mainland China also experienced frequent discrimination. Nonpermanent residents did not receive SAR cash subsidies to help with the COVID-19 pandemic-related economic downturn until eight months after the pandemic spread to the SAR.
Birth Registration: All Chinese nationals born in the SAR, on the mainland, or abroad to parents, of whom at least one is a Chinese national and Hong Kong permanent resident, acquire both Chinese citizenship and Hong Kong permanent residence. Children born in the SAR to non-Chinese parents, at least one of whom is a Hong Kong permanent resident, acquire SAR permanent residence and qualify to apply for naturalization as Chinese citizens. Authorities routinely registered all such statuses.
Child Abuse: The law mandates protection for survivors of child abuse (battery, assault, neglect, abandonment, and sexual exploitation), and the SAR government enforced the law. The law allows for the prosecution of certain sexual offenses, including those against minors, committed outside the territory of the SAR.
The government provided parent education programs through its maternal- and child-health centers, public education programs, clinical psychologists, and social workers. Police maintained a child abuse investigation unit and, in collaboration with the Social Welfare Department, operated a child witness support program.
Child, Early, and Forced Marriage: The legal minimum age of marriage is 16 for both girls and boys; however, parents’ written consent is required for marriage before age 21.
Sexual Exploitation of Children: The age of consent is effectively 16. By law, a person having “unlawful sexual intercourse” with a person younger than 16 is subject to five years’ imprisonment, while unlawful sexual intercourse with a person younger than 13 carries a sentence of life imprisonment. The law prohibits the commercial sexual exploitation of children and procuring children for commercial sex. The law makes it an offense to possess, produce, copy, import, or export pornography involving a child or to publish or cause to be published any advertisement that conveys, or is likely to be understood as conveying, the message that a person has published, publishes, or intends to publish any child pornography. Authorities enforced the law. The penalty for creation, publication, or advertisement of child pornography is eight years’ imprisonment, while possession carries a penalty of five years’ imprisonment.
International Child Abductions: The SAR is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The active Jewish community numbered approximately 2,500 persons. There were no reports of anti-Semitic acts.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The government took action to investigate and punish those responsible for violence or abuses against persons with disabilities. The government generally implemented laws and programs to provide persons with disabilities access to education, employment, the judicial system, and health services. The law on disabilities states that children with separate educational needs must have equal opportunity in accessing education. Some human rights groups considered the SAR’s disability law too limited and that its implementation did not promote equal opportunities. The Social Welfare Department provided training and vocational rehabilitation services to assist persons with disabilities, offered subsidized resident-care services for persons deemed unable to live independently, offered preschool services to children with disabilities, and provided community support services for persons with mental disabilities, their families, and other residents interested in improving their mental health.
The government generally implemented laws and programs to provide persons with disabilities access to information, communications, and buildings, although there were reports of some restrictions. The law calls for improved building access and provides for sanctions against those who discriminate.
No laws criminalize consensual same-sex sexual conduct between adults. While the SAR has laws that ban discrimination on the grounds of race, sex, disability, and family status, no law prohibits companies or individuals from discriminating on grounds of sexual orientation or gender identity. There are also no laws that specifically aid in the prosecution of bias-motivated crimes against members of the lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) community. Lawmakers expressed both strong support for, and strong opposition to, LGBTQI+ rights. LGBTQI+ activists reported that they considered the courts to be the primary avenue to secure LGBTQI+ rights and viewed the courts as impartial in decisions on LGBTQI+ issues.
Section 1. Respect for the Integrity of the Person
The government and its agents reportedly committed arbitrary or unlawful killings, most commonly executions for crimes not meeting the international legal standard of “most serious crimes” or for crimes committed by juvenile offenders, as well as executions after trials without due process. As documented by international human rights observers, so-called revolutionary courts (see section 1.e., Trial Procedures) continued to issue the vast majority of death sentences and failed to grant defendants due process. The courts regularly denied defendants legal representation and, in many cases, solely considered as evidence confessions often extracted through torture. Judges also may impose the death penalty on appeal, which deterred appeals in criminal cases. On October 25, the UN special rapporteur (UNSR) on the situation of human rights in the Islamic Republic of Iran, Javaid Rehman, told the UN General Assembly that almost all executions in the country constituted an arbitrary deprivation of life, noting “extensive, vague and arbitrary grounds in Iran for imposing the death sentence, which quickly can turn this punishment into a political tool.”
According to the nongovernmental organization (NGO) Human Rights Activists in Iran, the government did not disclose accurate numbers of those executed and kept secret as many as 60 percent of executions. NGOs Iran Human Rights Documentation Center (IHRDC), Human Rights News Activists (HRANA), Iran Human Rights (IHR), and the Abdorrahman Boroumand Center reported there were almost 150 executions as of mid-August, while the government officially announced approximately 20 executions in that time. Amnesty International and IHR stressed that the real numbers of persons at risk of execution and those who had been secretly executed were likely much higher, since officials and domestic media avoided reporting figures. The government often did not release further information, such as names of those executed, execution dates, or crimes for which they were executed.
In early January IHR and the digital news outlet IranWire reported that authorities executed two Baloch prisoners, Hassan Dehvari and Elias Qalandarzehi, in Zahedan Prison; both were sentenced to death for “armed rebellion” based solely on their affiliation with family members belonging to dissident groups.
On January 30, according to Amnesty International and other NGOs, authorities executed Javid Dehghan in Zahedan Central Prison after sentencing him to death for “enmity against God” based on a “confession” extracted through torture. Branch 1 of the Revolutionary Court in Zahedan sentenced Dehghan to death in 2017 for alleged membership in the banned armed group Jaish al-Ald and alleged involvement in an armed ambush that killed two Islamic Revolutionary Guard Corps (IRGC) soldiers. Following Dehghan’s 2015 arrest, authorities concealed his whereabouts from his family for three months. IRGC intelligence agents held him in solitary confinement in an undisclosed detention facility affiliated with Zahedan Central Prison, where they subjected him to beatings, floggings, and nail extraction. On February 4, UN human rights experts expressed their shock at the execution of Dehghan in an open letter to the Iranian government, which took place despite their public appeal to have it halted because of “serious fair trial violations,” “lack of an effective right to appeal,” and a “torture-induced forced confession.” In the letter they noted that Dehghan’s execution was one of several carried out against prisoners from the Baloch ethnic minority in a short time; at least 21 Balochi prisoners were executed between mid-December 2020 and January 30. Many had been convicted on drug or national security charges, following flawed legal processes.
In a February letter to the UN secretary-general, imprisoned human rights attorney Nasrin Sotoudeh asked the international community to “pay attention to the issue of executions in Iranian society, especially that of religious, ethnic minorities, and women, and take necessary measures to prevent such extensive executions.” Sotoudeh cited the case of Zahra Esmaili, who was executed on February 17 with eight other prisoners. According to the United Kingdom-based Iran International television station, Esmaili was sentenced to death for shooting and killing her husband, Alireza Zamani, a Ministry of Intelligence official, in 2018. Media reports during her trial suggested Zamani abused his children and threatened to kill Esmaili. Didban Iran website reported a claim that one of the children had killed Zamani and her mother confessed to protect her.
On February 28, according to the Center for Human Rights in Iran (CHRI), authorities at Sepidar Prison executed the following four ethnic Arab political prisoners: Jasem Heidary, Hossein Silawi, Ali Khasraji, and Nasser Khafajian (Khafaji). Security forces summoned the prisoners’ relatives without informing them of the imminent executions. After a 20-minute visit, the families were told to wait near the visitation center, and a few hours later they were given the bodies of their relatives. Ministry of Intelligence agents arrested Heidary in Tehran in 2017, and he “confessed” under torture to collaborating with a group opposed to the Islamic Republic. A revolutionary court in Ahvaz convicted Heidary of “armed insurrection” and sentenced him to death, and the Supreme Court upheld the verdict. Amnesty International reported he was held for months in solitary confinement without access to a lawyer or his family and was subjected to torture and other mistreatment. Security forces detained Silawi, Khasraji, and Khafajian in 2017 as alleged suspects in an armed attack on a police station and military outpost near Ahvaz. Authorities held the three in a Ministry of Intelligence detention center in Ahvaz without access to lawyers or their families and subjected them to torture. Prior to their execution, Amnesty International reported on February 12 that Khasraji, Silawi, and Heidary had sewn their lips together as part of a hunger strike since January 23 in Sheiban Prison “in protest at their prison conditions, denial of family visits, and the ongoing threat of execution.”
In February authorities killed 10 fuel carriers (sookhtbars) in Sistan va Baluchestan Province at the border with Pakistan, who were protesting government blockades of cross-border shipments. On February 22, IRGC units fired lethal ammunition on protesters and bystanders, adding two more to the death toll and injuring many. The death toll was difficult to verify following the disruption of local mobile data networks, according to the United Nations (see sections 1.b., 1.c., and 6, National/Racial/Ethnic Minorities).
Islamic law allows for the execution of juvenile offenders starting at age nine for girls and age 13 for boys, the legal age of maturity. The government continued to execute individuals sentenced for crimes committed before age 18. In June UN human rights experts expressed concern for the more than 85 individuals on death row for alleged offenses committed when they were younger than age 18, including Hossein Shahbazi and Arman Abdolali, who were arrested and sentenced to death for crimes they allegedly committed at age 17. According to Amnesty International, their trials included the use of “torture-tainted ‘confessions.’” According to widespread media reports, on November 24, Abdolali was executed.
According to Amnesty International and IHR, in August authorities at Kermanshah Central Prison (Dizelabad) hanged Sajad Sanjari for a murder he committed in 2010 when he was 15 years old. Sanjari claimed he acted in self-defense after the man tried to rape him, but the trial court rejected the self-defense claims after several witnesses attested to the deceased’s good character. Sanjari was granted a retrial in 2015; a criminal court resentenced him to death, and the Supreme Court later upheld the sentence.
According to UN and NGO reports, authorities executed at least six persons in 2020 who were minors at the time of their alleged crimes: Majid Esmaeilzadeh, Shayan Saaedpour, Arsalan Yasini, Movid Savadi, Abdollah Mohammadi, and Mohammad Hassan Rezaiee.
Responding to criticism from the United Nations, Majid Tafreshi, a senior official and member of the state-run High Council for Human Rights, stated in an English interview with Agence France-Presse in 2020 that the government was working to reduce juvenile executions eventually to zero by “trying to convince the victim’s family to pardon” and claimed “96 percent of cases” resulted in a pardon.
According to human rights organizations and media reports, the government continued to carry out some executions by torture, including hanging by cranes, in which prisoners are lifted from the ground by their necks and die slowly by asphyxiation. Adultery remains punishable by death by stoning, although provincial authorities were reportedly ordered not to provide public information regarding stoning sentences since 2001, according to the NGO Justice for Iran.
According to the United Nations, between January 1 and June 18, authorities executed at least 108 individuals, mostly from minority groups, including 35 for drug charges. Although the majority of executions during the year were reportedly for murder, the law also provides for the death penalty in cases of conviction for “attempts against the security of the state,” “outrage against high-ranking officials,” moharebeh (which has a variety of broad interpretations, including “waging war against God”), fisad fil-arz (corruption on earth, including apostasy or heresy; see section 1.e., Politically Motivated Reprisal against Individuals Located Outside the Country), rape, adultery, recidivist alcohol use, consensual same-sex sexual conduct, and “insults against the memory of Imam Khomeini and against the supreme leader of the Islamic Republic.” Capital punishment also applies to the possession, sale, or transport of more than approximately 110 pounds of natural drugs, such as opium, or approximately 4.4 to 6.6 pounds of manufactured narcotics, such as heroin or cocaine. It applies to some drug offenses involving smaller quantities of narcotics if the crime is carried out using weapons, employing minors, or involving someone in a leadership role in a trafficking ring or who was previously convicted of drug crimes and sentenced to more than 15 years’ imprisonment. Prosecutors frequently charged political dissidents and journalists with the capital offense of “waging war against God” and accused them of “struggling against the precepts of Islam” and against the state that upholds those precepts. Authorities expanded the scope of this charge to include “working to undermine the Islamic establishment” and “cooperating with foreign agents or entities.” The UNSR expressed deep concern in his July report that “vague and broadly formulated criminal offenses,” – including “waging war against God,” “corruption on earth,” and “armed rebellion” – had been used to sentence individuals to death for participation in protests or other forms of dissent, even absent evidence for the accusations. According to the report, authorities executed at least 15 individuals in 2020 for these offenses.
The judiciary is required to review and validate death sentences; however, this rarely happened.
In late 2020 the Supreme Court reaffirmed the death sentence of dual-national scientist Ahmadreza Djalali, leading observers to believe his execution was imminent. A court initially sentenced Djalali to death in 2017 on espionage charges in a trial UN experts said was “marred by numerous reports of due process and fair trial violations, including incommunicado detention, denial of access to a lawyer, and forced confession.” In March UN experts described Djalali’s situation as “truly horrific” and said his “prolonged solitary confinement for over 100 days with the threat of imminent execution” in Ward 209 of Evin Prison amounted to torture. Authorities were reportedly “shining bright lights in his small cell 24 hours a day to deprive him of sleep.” On April 14, he was moved out of solitary confinement. Prison officials repeatedly denied Djalali access to medical care, which led to dramatic weight loss, stomach pain, and breathing problems to the point where he had trouble speaking, according to his wife. As of November he remained in prison.
On August 29, Ebrahim Yousefi, one of death row prisoner Heydar (Heidar) Ghorbani’s former cellmates, published an audio file describing the marks of torture he had seen on Ghorbani’s body following his interrogation by authorities in the Ministry of Intelligence’s detention center in Sanandaj in 2017. In January 2020 a revolutionary court in Kurdistan Province convicted Ghorbani of “armed rebellion” and sentenced him to death, despite the court acknowledging in the verdict that he was never armed. According to a September 2020 report by Amnesty International, authorities arrested Ghorbani in 2016 following the killing of several IRGC members in the city of Kamyaran. The court sentenced him to 90 years in prison and 200 lashes for “assisting in intentional murder” and “membership and collaboration” with the Kurdish Democratic Party of Iran, a banned political opposition group. On August 12, his lawyer said, “The accusation of armed rebellion against Mr. Ghorbani is not valid because a rebel is someone who is a member of an organization and uses a weapon against the Islamic Republic, and none of those apply to my client,” according to a report by CHRI.
On December 20, the government executed Ghorbani without prior notice. Authorities summoned his family to Sanandaj Prison in Kurdistan Province after his death to view his grave, but the family was not permitted to collect his body.
Media and human rights groups also documented suspicious deaths while in custody or following beatings of protesters by security forces throughout the year.
According to IHR, two days after 21-year-old Mehrdad Taleshi was arrested on February 1, he reportedly died at the Shapour criminal investigation department police station. His relatives told IHR that a Shapour police ambulance transferred his corpse to the Baharloo Hospital, where they reported seeing torture marks around his neck, as well as severe marks of injury on his head. Officials at the police station told Taleshi’s family they arrested him for marijuana possession; the family told IHR that Mehrdad was an athlete and did not even smoke cigarettes. As of August the findings of a postmortem forensic exam remained undetermined, and the family’s complaint to the criminal court had not been acknowledged.
In July UN High Commissioner for Human Rights Michelle Bachelet expressed “extreme concern” regarding deaths and injuries, as well as widespread arrests and detentions, by authorities in response to protests that broke out across multiple cities on July 15 over severe water shortages in Khuzestan Province. According to an Amnesty International report, on July 22, security forces in Izeh attacked largely peaceful protesters with live ammunition, killing 11 persons, including 17-year-old Hadi Bahmani.
In a July report, UNSR Rehman reiterated his “alarm” that authorities had not undertaken a credible investigation into those responsible for the killing of at least 304 protesters responding to fuel price hikes in November 2019. Instead, authorities continued to prosecute individuals who participated in the protests on charges including “taking up arms to take lives or property and to create fear in the public” (moharabeh), which carries the death penalty, and national security charges that carry long prison sentences. In response, human rights organizations outside of the country held a nonbinding people’s tribunal, called the Aban Tribunal, in London to investigate the killing of protesters and numerous human rights violations that took place on November 15-18, 2019, in Iran.
On August 10, a Swedish court, drawing on the principle of universal jurisdiction, opened the trial of a former Iranian prosecutor, Hamid Nouri, for his alleged role in the executions of thousands of political prisoners in Iran in the 1980s. Human rights organizations and UNSR Rehman called for an independent inquiry into allegations of state-ordered executions of thousands of political prisoners in 1988, including the role played by newly elected President Ebrahim Raisi as Tehran’s deputy prosecutor at the time.
There were reports of politically motivated abductions during the year attributed to government officials. Plainclothes officials seized lawyers, journalists, and activists without warning, and government officials refused to acknowledge custody or provide information on them. In most cases the government made no efforts to prevent, investigate, or punish such acts.
On February 3, 36 civil society and international human rights organizations published an open letter calling for urgent attention to “an ongoing wave of arbitrary arrests, incommunicado detentions, and enforced disappearances by the Iranian authorities” targeting members of the Kurdish ethnic minority. Between January 6 and February 3, the intelligence unit of the IRGC or Ministry of Intelligence agents arrested 96 Kurdish individuals across 19 cities, and at least 40 of the detainees were subjected to forced disappearances, for whom authorities refused to reveal any information regarding their fate or whereabouts to their families.
Although the constitution prohibits all forms of torture “for the purpose of extracting confession or acquiring information,” use of physical and mental torture to coerce confessions remained prevalent, especially during pretrial detention. There were credible reports that security forces and prison personnel tortured and abused detainees and prisoners throughout the year.
Commonly reported methods of torture and abuse in prisons included threats of execution or rape, forced vaginal and anal examinations, sleep deprivation, waterboarding, suspension, forced ingestion of chemical substances, deliberate deprivation of medical care, electroshock including the shocking of genitals, burnings, the use of pressure positions, and severe and repeated beatings.
Human rights organizations frequently cited some prison facilities, including Evin Prison in Tehran, Rajai Shahr Prison in Karaj, Greater Tehran Penitentiary, Qarchak Prison, Adel Abad Prison, Vakilabad, Zahedan, Isfahan Central Prison (Dastgerd), and Orumiyeh Prison, for their use of cruel and prolonged torture of political opponents, particularly Wards 209 and Two of Evin Prison, reportedly controlled by the IRGC. Authorities also allegedly maintained unofficial secret prisons and detention centers outside the national prison system, where abuse reportedly occurred.
In August according to the Associated Press and widespread media reports, the hacker group Edalet-e Ali (Ali’s Justice) posted online security camera footage from Evin Prison of prison authorities beating and mistreating inmates, the attempted suicide of prisoners without authorities intervening, and emaciated inmates being dragged by their arms and left in stairwells. Human Rights Watch (HRW) assessed that the leaked footage was “likely the tip of the iceberg” of the abuses occurring in detention facilities, as it did not include footage from two prison wards inside Evin Prison controlled by the intelligence agencies, “where political prisoners often face serious abuse, including prolonged solitary confinement, use of blindfolds, and torture.”
According to a February report by IHR, authorities held a public interrogation session at the Palace of Justice for physics students Ali Younesi and Amir Hossein Moradi, both arrested in April 2020 on charges of affiliation with the Mojahedin-e Khalgh (MEK) opposition group, which the Iranian regime has banned. The session revealed that beatings by Ministry of Intelligence agents of Younesi during his interrogation caused his eye to bleed for 60 days after his arrest. In August 2020 UN human rights experts sent a letter to the Iranian ambassador to the United Nations urging that he “take all necessary measures to guarantee the right of Mr. Younesi not to be deprived of his liberty, to protection from any act of torture or ill-treatment[,] and to fair-trial proceedings,” a reference to his 59 days of solitary confinement and possible exposure to COVID-19 in overcrowded cells. On July 3, Younesi and Moradi were charged with “corruption on earth,” which carries the death penalty, and other crimes. As of November 22, both students remained in Evin Prison’s Ward 209.
Before their execution in early January (see section 1.a.), Hassan Dehvari and Elias Qalandarzehi described in a letter the seven months of torture they endured. Dehvari wrote, “In the (Ministry of) Intelligence (detention center), we were subjected to physical and psychological torture including being threatened with rape, tying us to the “miracle bed” (a bed used for flogging prisoners), all types of instruments, like whips, cable wires, a metal helmet that would be wired with electric shocks to our heads, attempting to pull out hand and toe nails, turning on an electric drill and threatening to drill our arms and legs, bringing my wife and a video camera and [telling] me that either I accept the charge or they would rape her and film it in front of me.”
Judicially sanctioned corporal punishments continued. These included flogging, blinding, stoning, and amputation, which the government defends as “punishment” and does not consider to be torture. At least 148 crimes are punishable by flogging, while 20 may carry the penalty of amputation. According to the Abdorrahman Boroumand Foundation, between January 1 and September 2, authorities sentenced at least 77 individuals to amputation and carried out these sentences in at least eight cases. There were no recorded cases of amputation during the year.
According to Amnesty International, authorities flogged Hadi Rostami, an inmate at Orumiyeh Prison in West Azerbaijan Province, 60 times on February 14 for “disrupting prison order.” Extrajudicial punishments by authorities involving degrading public humiliation of alleged offenders were also frequently reported throughout the year. Authorities regularly forced alleged offenders to make videotaped confessions that the government later televised.
On September 9, labor rights activist Sepideh Gholian detailed, in a series of tweets while she was on temporary furlough from Bushehr Prison, the abuse she witnessed of fellow inmates in the women’s ward. Gholian described how the prison warden punished a female inmate for taking a shower “at the wrong hour” by hosing her down naked in a public space and forcing other inmates to watch and jeer. Gholian alleged the warden forcibly sent female inmates to the men’s wards where they were subjected to sexual assault under the guise of “temporary marriages” (sigheh). She also detailed officials’ abuse of an Afghan child living with his mother in prison and the denial of undergarments for female prisoners as punishment, including for some who were menstruating. On October 10, Gholian was rearrested and taken to Evin Prison, where she remained at year’s end.
Impunity remained a widespread problem throughout all security forces. Human rights groups frequently accused regular and paramilitary security forces such as the Basij of committing numerous human rights abuses, including torture, forced disappearances, and acts of violence against protesters and bystanders at public demonstrations. The government generally viewed protesters, critical journalists, and human rights activists as engaged in efforts to undermine the 1979 revolution and consequently did not punish security forces for abuses against those persons even when the abuses violated domestic law. According to Tehran prosecutor general Abbas Jafari-Dolatabadi, the attorney general is responsible for investigating and punishing security force abuses. If any investigations took place during the year, the process was not transparent, and there were few reports of government actions to discipline abusers.
Although the constitution prohibits arbitrary arrest and detention, the practices occurred frequently during the year. Former president Rouhani’s 2016 Citizens’ Rights Charter enumerated various freedoms, including “security of their person, property, dignity, employment, legal and judicial process, social security, and the like,” but the government did not implement these provisions. Detainees may appeal their sentences in court but are not entitled to compensation for detention.
The constitution provides that the judiciary be “an independent power” that is “free from every kind of unhealthy relation and connection.” The court system, however, was subjected to political influence, and judges were appointed “in accordance with religious criteria.”
The supreme leader appoints the head of the judiciary. The head of the judiciary, members of the Supreme Court, and the prosecutor general are clerics. International observers continued to criticize the lack of independence of the country’s judicial system and judges and maintained that trials disregarded international standards of fairness.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution states that “reputation, life, property, [and] dwelling[s]” are protected from trespass, except as “provided by law.” The government routinely infringed on this right. Security forces monitored the social activities of citizens; entered homes, offices, and places of worship; monitored telephone conversations and internet communications; and opened mail without court authorization. The government also routinely intimidated activists and government critics by detaining their family members as a form of reprisal.
Two brothers of Navid Afkari, executed in 2020 for the murder of a law enforcement officer during antigovernment protests in 2018 in Shiraz, remained in Adelabad Prison without access to their families or medical care. Vahid Afkari was arrested with his brother Navid and received a 25-year prison sentence for aiding him. In December 2020 according to HRANA, authorities arrested Afkari’s father and another brother, Habib, as they sought to clear a site in Fars Province to install a gravestone memorializing Navid Afkari’s death. Habib Afkari was sentenced to 27 years and three months in prison plus 74 lashes, and Vahid Afkari received a new sentence of 54 years and six months plus 74 lashes, both on vague “national security” charges. HRANA reported authorities tortured the brothers during interrogations and Vahid attempted suicide twice following “severe torture.” On August 23, HRANA reported that the Supreme Court rejected Vahid Afkari’s request for a retrial.
On April 28, according to Iran International, security forces assaulted and arrested Manouchehr Bakhtiari for a third time, on charges related to activism on behalf of his son, Pouya, killed by security forces in the city of Karaj during November 2019 demonstrations. They beat family members present at the time of the arrest, including two children. Authorities threw Bakhtiari in the trunk of their vehicle and took him to an undisclosed location. A revolutionary court subsequently sentenced him to six years in prison, two and one-half years in “internal exile,” and a two-year ban on leaving the country. The government previously detained 10 other members of Pouya Bakhtiari’s family, including his 11-year-old nephew and two of his elderly grandparents, to prevent them from holding a traditional memorial service for Bakhtiari 40 days after his death.
According to Reporters Without Borders (RSF), in July 2020 authorities arrested Farangis Mazloom, the mother of imprisoned photojournalist Soheil Arabi, and in October 2020 sentenced her to 18 months in prison on charges of “meeting and plotting against the national security” and antigovernment propaganda, presumably as a result of activism on behalf of her son. An appeals court confirmed the sentence in March. Arabi had been imprisoned since 2013 on blasphemy and other expression-related charges. According to Mazloom, in October 2020 Evin Prison authorities moved her son to solitary confinement. In January IHR published a letter from Arabi in which he claimed authorities broke his arm while transferring him between prisons and forced him to witness 200 executions in the 34 days he spent in “exile” at Rajai Shahr Prison.
No comprehensive data-protection laws exist that provide legal safeguards to protect users’ data from misuse. Online activity was heavily monitored by the state despite Article 37 of the nonbinding Citizens’ Rights Charter, which states that online privacy should be respected.
Because the operation of domestic messaging applications is based inside the country, content shared on these applications is more susceptible to government control and surveillance. Lack of data-protection and privacy laws also means there are no legal instruments providing protections against the misuse of applications data by authorities.
Syria: There continued to be reports the government, primarily through the IRGC, directly supported the Assad regime in Syria and recruited Iraqi, Afghan, and Pakistani Shia fighters, as well as Syrians, which contributed to prolonging the civil war and the deaths of thousands of Syrian civilians during the year (see the Country Reports on Human Rights Practices for Syria). According to IranWire, in August pro-Iranian militias reinforced Syrian regime forces undertaking operations against opposition groups in southwestern Syria with the aim of disrupting ceasefire negotiations in Daraa. Fighting had restarted when Syrian government forces imposed a blockade on the main highways into the city of Daraa, leading to shortages of medical supplies and food, to punish the inhabitants of the area for not supporting the widely contested May presidential election that gave Bashar al-Assad a fourth term. The NGO Syrian Network for Human Rights attributed 88 percent of civilian deaths in Syria since the beginning of the conflict to government forces and Iranian-sponsored militias.
Iraq: The government supported pro-Iran militias operating inside Iraq, including terrorist organization Kata’ib Hizballah, which reportedly was complicit in summary executions, forced disappearances, and other human rights abuses in Iraq (see the Country Reports on Human Rights Practices for Iraq).
Yemen: Since 2015 the government has provided hundreds of millions of dollars in support to Houthi rebels in Yemen and proliferated weapons that exacerbated and prolonged the conflict there. Houthi rebels used Iranian funding and weapons to launch attacks against civilians and civilian infrastructure both within Yemen and in Saudi Arabia (see the Country Reports on Human Rights Practices for Yemen and Saudi Arabia).
In February 2020 the Baha’i International Community stated that a Houthi court in Yemen was prosecuting a group of Baha’is under “directives from Iranian authorities.” The court continued to prosecute the case despite the Houthis’ release and deportation of six Baha’i prisoners in July 2020. Baha’is continued to face harassment in Yemen throughout the year because of their religious affiliation (see the Country Reports on Human Rights Practices for Yemen).
Child Soldiers: In a 2017 report, HRW asserted that the IRGC had recruited Afghan children as young as age 14 to serve in the Fatemiyoun Brigade, reportedly an Iranian-supported Afghan group fighting alongside government forces in Syria and noted that at least 14 Afghan children had been killed fighting in the Syrian conflict. In a July 2020 interview by IranWire, a Fatemiyoun Brigade member claimed he had joined the brigade in 2018 at age 16, and another brigade member said he had joined at age 15.
Iran has, since 2015, provided funding and weapons to the Houthis, who launched attacks against civilians and civilian infrastructure both within the country and in Saudi Arabia. (See the Country Reports on Human Rights Practices for Saudi Arabia and Yemen.)
Other Conflict-related Abuse: Hackers linked to Iran continued cyberattacks against Syrian opposition groups to disrupt reporting on human rights violations. IRGC authorities constructed a new prison near the Zamla gas field in Raqqa, Syria, where most detainees were held on charges of being affiliated with ISIS or espionage, according to the news website Al-Monitor.
Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: Rape is illegal and subject to strict penalties, including death, but it remained a problem. The law considers sex within marriage consensual by definition and, therefore, does not address spousal rape, including in cases of forced marriage. Most rape victims likely did not report the crime because they feared official retaliation or punishment for having been raped, including charges of indecency, immoral behavior, or adultery, which carries the death penalty. Rape victims also feared societal reprisal or ostracism. There were reports that approximately 80 percent of rape cases went unreported.
For a conviction of rape, the law requires four Muslim men or a combination of three men and two women or two men and four women, to have witnessed a rape. A woman or man found making a false accusation of rape is subject to 80 lashes.
The law does not prohibit domestic violence. Authorities considered spousal and intrafamilial abuse a private matter and seldom discussed it publicly.
An April 2020 IRNA article noted a “dramatic increase” in domestic violence-related telephone calls to public social welfare hotlines. The State Welfare Organization sent a public text message the same day highlighting the existence of the hotlines. Calls to the hotlines reportedly doubled after the text message was sent, according to a government official. In a call with an expatriate media outlet, women’s rights activist Shahla Entesari also reported higher rates of domestic violence during pandemic-related lockdowns in the country.
In previous years assailants conducted “acid attacks” in which they threw acid capable of severe disfiguration at women perceived to have violated various “morality” laws or practices. Although the Guardian Council reportedly approved a law increasing sentences for the perpetrators of these attacks, the government instead continued to prosecute individual activists seeking stronger government accountability for the attacks. In October 2020 a court sentenced Aliyeh Motalebzadeh to two years in prison for “conspiracy against state security” for advocating for women who were victims of acid attacks. Motalebzadeh was a member of the “One Million Signatures” campaign to change discriminatory laws against women. Also in October 2020 authorities arrested Negar Masoudi for holding a photograph exhibition featuring victims of acid attacks and for advocating to restrict the sale of acid.
According to Iran International, on August 8, a man in the city of Orumiyeh allegedly used his motor vehicle to run over two women, seriously injuring one of the women, after accusing them of “bad hijab,” interpreted by some as not appropriately following the Islamic dress code.
Female Genital Mutilation/Cutting (FGM/C): The law criminalizes FGM/C and states, “The cutting or removing of the two sides of female genitalia leads to diya equal to half the full amount of diya for the woman’s life.”
Little recent data were available on the practice inside the country, although older data and media reports suggested it was most prevalent in Hormozgan, Kurdistan, Kermanshah, and West Azerbaijan Provinces and was inflicted on girls ages five through eight, primarily in Shafi’i Sunni communities.
Other Harmful Traditional Practices: There were reports of killings motivated by “honor” or other harmful traditional practices during the year. There are no official statistics kept in the country concerning honor killings, but according to academic articles and university thesis estimates cited by the daily newspaper Ebtekar, every year between 375 and 450 such killings occur, in which mostly women are killed by their male relatives – including their husbands, fathers, and brothers – in the name of preserving the family’s “honor.”
The law reduces punitive measures for fathers and other family members who are convicted of murder or physically harming children in domestic violence or “honor killings.” If a man is found guilty of murdering his daughter, the punishment is between three and 10 years in prison rather than the normal death sentence or payment of diyeh for homicide cases, because fathers (but not mothers) are considered legal guardians and are exempt from capital punishment for murdering their children.
In June 2020 Reza Ashrafi reportedly beheaded his 14-year-old daughter, Romina Ashrafi, with a farming sickle because she had “run off” with her 29-year-old Sunni Muslim boyfriend. In June 2020, in response to a national outcry over Ashrafi’s killing, the Guardian Council approved a law making it a crime to abuse emotionally or physically or abandon a child, but it left unchanged the maximum sentence of 10 years for a father convicted of murdering his daughter. Observers noted the Guardian Council had rejected three previous iterations of the bill. In August 2020 a court reportedly convicted and sentenced Ashrafi’s father to nine years in prison, sparking further outrage at the leniency of the sentence. Ashrafi’s mother said she planned to appeal the sentence to seek a stricter penalty, but there were no reported updates to the case.
Sexual Harassment: The law prohibits physical contact between unrelated men and women. There were no reliable data on the extent of sexual harassment, but women’s and human rights observers reported that sexual harassment was the norm in many workplaces. In April multiple women, including model and actress Boshra Dastournezhad, came forward on social media sites such as Clubhouse and Instagram to accuse singer and songwriter Mohsen Namjoo of sexual harassment and sexual assault. They circulated a petition calling on media outlets to ban his presence until the allegations were investigated. According to IranWire, on April 18, Namjoo apparently apologized for the sexual harassment accusations but denied other sexual assault allegations via his YouTube channel. The incident fueled online debate regarding victims’ accounts of sexual harassment and assault.
According to IranWire, on October 12, Tehran police chief Hossein Rahimi announced that bookstore owner Keyvan Emamverdi confessed to raping 300 women after 30 women filed legal complaints against him. Police stated he would be charged with “corruption on earth,” a capital offense. On November 15, Emamverdi’s trial began before a revolutionary court in Tehran, where he reportedly denied all charges.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
It is illegal for a single woman to access contraception, although most single women had access to contraception, particularly in urban areas. Government health care previously included full free access to contraception and family planning for married couples. In 2012 on the supreme leader’s orders, the government ended the Family and Population Planning Program. On November 16, President Raisi signed into law the “rejuvenation of the population and support of the family” bill, which directs authorities to prioritize population growth. These policies include measures such as outlawing voluntary sterilization and banning the free distribution of contraceptives by the public health-care system. The law also stipulates that content on family planning in university textbooks should be replaced with materials on an “Islamic-Iranian lifestyle,” with a framework drawn up in cooperation with religious seminaries and the Islamic Propaganda Organization. In January according to a report by Iran International, the Ministry of Health banned health centers in nomadic tribal areas from providing contraceptives to women. On November 16, UN human rights experts “urge[d] the Government to immediately repeal [the law] and to take measures to end the criminalization of abortion and to ensure that all women can access all necessary health services, including sexual and reproductive care, in a manner that is safe, affordable, and consistent with their human rights.”
The government did not provide access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was not available as part of clinical management of rape.
According to human rights organizations, an increase in child marriage – due in part to a government “marriage loan” program providing financial relief to poor families who want to marry off their girls – was likely adversely affecting the quality of health care for such girls and increasing maternal mortality rates. The practice of female genital mutilation, which primarily occurs on girls ages five through eight in Shafi’i Sunni communities, was associated reportedly with increased obstetric problems and may increase maternal mortality rates.
Discrimination: The constitution provides for equal protection for women under the law in conformity with its interpretation of Islam. The government did not enforce the law, and provisions in the law, particularly sections dealing with family and property law, discriminate against women. Judicial harassment, intimidation, detention, and smear campaigns significantly hindered the ability of civil society organizations to fight for and protect women’s rights.
In June 2020 the president issued a decree enacting into law an amendment to the country’s civil code that allows Iranian women married to foreign men to transmit citizenship to their children (see section 2.g, Stateless Persons and section 6, Children). The government does not recognize marriages between Muslim women and non-Muslim men, irrespective of their citizenship. The law states that a virgin woman or girl wishing to wed needs the consent of her father or grandfather or the court’s permission.
The law permits a man to have as many as four wives and an unlimited number of temporary wives (sigheh), based on a Shia custom under which couples may enter a limited-time civil and religious contract that outlines the union’s conditions. The law does not grant women equal rights to multiple husbands.
A woman has the right to divorce if her husband signs a contract granting that right; cannot provide for his family; has violated the terms of their marriage contract; or is a drug addict, insane, or impotent. A husband is not required to cite a reason for divorcing his wife. The law recognizes a divorced woman’s right to part of shared property and to alimony. These laws were not always enforced.
The law provides divorced women preference in custody for children up to age seven, but fathers maintain legal guardianship rights over the child and must agree on many legal aspects of the child’s life (such as issuing travel documents, enrolling in school, or filing a police report). After the child reaches age seven, the father is granted custody unless he is proven unfit to care for the child.
Women sometimes received disproportionate punishment for crimes such as adultery, including death sentences. Islamic law retains provisions that equate a woman’s testimony in a court of law to one-half that of a man’s and value a woman’s life as one-half that of a man’s life. By law the diyeh paid in the death of a woman is one-half the amount paid in the death of a man, except for car accident insurance payments. According to a CHRI report, in 2019 the government declared equality between men and women in the payment of blood money. Per the Supreme Court ruling, the amount paid for the intentional or unintentional physical harm to a woman remains one-half the blood money paid for harm to a man, but the remaining difference would be paid from a publicly funded trust.
Women have access to primary and advanced education. Quotas and other restrictions nonetheless limited women’s admissions to certain fields and degree programs.
The Statistical Center of Iran reported that the overall unemployment rate in the second quarter of the year was 8.8 percent. Unemployment of women in the country was twice as high as it was of men. Overall female participation in the job market was 18.9 percent, according to the Global Gender Gap 2021 report. Women reportedly earned significantly less than men for the same work.
Women continued to face discrimination in home and property ownership, as well as in access to financing. In cases of inheritance, male heirs receive twice the inheritance of their female counterparts. The government enforced gender segregation in many public spaces. Women must ride in a reserved section on public buses and enter some public buildings, universities, and airports through separate entrances.
The law provides that a woman who appears in public without appropriate attire, such as a cloth scarf over the head (hijab) and a long jacket (manteau), or a large full-length cloth covering (chador), may be sentenced to flogging and fined. Absent a clear legal definition of “appropriate attire” or of the related punishment, women (and men) were subjected to the opinions of various disciplinary and security force members, police, and judges.
Authorities continued to arrest women for violating dress requirements, and courts applied harsh sentences. In February an appeals court upheld sentences of 16 to 23 years for Yasaman Aryani, her mother Monireh Arabshahi, and Mojgan Keshavarz for “spreading propaganda against the system” and “inciting corruption and prostitution.” They were arrested after posting a video for International Women’s Day in 2019 during which they walked without headscarves through a Tehran metro train, handing flowers to female passengers. As of September 19, all three women remained in prison.
In May 2020 the lawyer for imprisoned activist Saba Kord Afshari said on Twitter that judicial authorities had reinstated a seven and one-half-year prison sentence for “corruption and prostitution” against his client without explanation. An appeals court had previously dropped that charge against Kord Afshari, who was also found guilty of “gathering and conspiring” and “spreading propaganda” related to videos she posted to social media in which she walked without a hijab and stated her opposition to compulsory dress requirements. Kord Afshari’s cumulative sentence reverted to 15 years with the reinstated portion of the sentence. In February 2020 Kord Afshari’s mother, Raheleh Ahmadi, began serving a two-year sentence for “national security” crimes related to advocacy on behalf of her daughter. Human rights groups reported both mother and daughter were denied requested medical treatment and furlough during the year. Kord Afshari was “exiled” to Ward 6 of Qarchak Prison in Varamin in late January, where reportedly authorities beat her and held her alongside violent criminals. She ended her hunger strike in May. Ahmadi reportedly suffered spinal cord damage in Evin Prison upon hearing of her daughter’s transfer. As of September 19, both women remained in prison.
In a February 2020 letter to Iranian authorities, the world soccer governing body International Federation of Association Football (FIFA) insisted women be allowed to attend all soccer matches in larger numbers than the government previously permitted. In October authorities reversed their earlier announcement that 10,000 vaccinated spectators – including women – could watch Iran play in a FIFA qualifying match and allowed no spectators into the stadium.
As noted by the former UNSR and other organizations, female athletes were traditionally barred from participating in international tournaments, either by the country’s sport agencies or by their husbands. There were, however, cases throughout the year of female athletes being permitted to travel internationally to compete.
The constitution grants equal rights to all ethnic minorities, allowing minority languages to be used in media. The law grants the right of citizens to learn, use, and teach their own languages and dialects. Nonetheless, the government discriminated against minorities.
Human rights organizations observed that the government’s application of the death penalty disproportionately affected ethnic minorities (see section 1.a.). Authorities reportedly subjected members of minority ethnicities and religious groups in pretrial detention repeatedly to more severe physical punishment, including torture, than other prisoners, regardless of the type of crime of which they were accused. These ethnic minority groups reported political and socioeconomic discrimination, particularly in their access to economic aid, business licenses, university admissions, job opportunities, permission to publish books, and housing and land rights. In a July report, UNSR Rehman again expressed concern regarding the reported high number of political prisoners and prisoners of conscience from the Azeri, Kurdish, and Ahwazi Arab communities.
Another widespread complaint among ethnic minority groups, particularly among Ahwazis, Azeris, and Lors, was that the government diverted and mismanaged natural resources, primarily water, often for the benefit of IRGC-affiliated contractors. According to reports from international media and human rights groups, these practices devastated the local environment on which farmers and others depended for their livelihoods and well-being, resulting in forced migration and further marginalization of these communities.
The law, which requires religious screening and allegiance to the concept of “governance by the jurist,” not found in Sunni Islam, impaired the ability of Sunni Muslims (many of whom are also Baluch, Ahwazi, or Kurdish) to integrate into civic life and to work in certain fields.
The estimated eight million ethnic Kurds in the country frequently campaigned for greater regional autonomy. The government continued to use the law to arrest and prosecute Kurds for exercising their rights to freedoms of expression and association. The government reportedly banned Kurdish-language newspapers, journals, and books and punished publishers, journalists, and writers for opposing and criticizing government policies. The UNSR noted in his July report that in the early part of the year many Kurdish individuals were arrested and detained in unknown locations.
According to the same UNSR report, authorities continued to target Kurdish-language teacher Zara Mohammadi, who supported learning in mother tongue languages, when an appeals court confirmed a five-year prison sentence on February 13 related to national security charges. Authorities detained without furlough Kurdish political prisoner Zeinab Jalalian, who was arrested in 2008 for allegedly being a part of a banned armed Kurdish political group, and reportedly denied her access to adequate health care.
Authorities suppressed legitimate activities of Kurdish NGOs by denying them registration permits or bringing security charges against persons working with such organizations. Authorities did not prohibit the use of the Kurdish language in general.
International human rights observers, including the IHRDC, stated that the country’s estimated two million Ahwazi Arabs, representing 110 tribes, faced continued oppression and discrimination. Ahwazi rights activists reported the government continued to confiscate Ahwazi property to use for government development projects, refusing to recognize property titles issued during the prerevolutionary era.
Ethnic Azeris, who number more than 18 million, or approximately 24 percent of the population, were more integrated into government and society than other ethnic minority groups, to include Supreme Leader Khamenei. Azeris reported the government discriminated against them by harassing Azeri activists or organizers and changing Azeri geographic names.
In July the UNSR reported that authorities continued to target Azeri civil society actors, including Abbas Lisani and Alireza Farshi, for their advocacy of minority rights. According to a February report by CHRI, Farshi, who was convicted and imprisoned on national security charges for peaceful activities on International Mother Language Day in 2014, was transferred from Evin Prison to Greater Tehran Penitentiary after being subjected to physical violence by authorities that resulted in injuries. He was also reportedly facing new charges related to his advocacy. Between January and June 14, Lisani and seven other Azeri political prisoners refused liquids in protest over Farshi’s mistreatment. Authorities reportedly agreed to address their concerns, which included access to medical leave and a cessation of the transfer of prisoners convicted of violent crimes into their ward, but authorities did not fulfill these promises.
Local and international human rights groups alleged discrimination during the year against the Baluchi ethnic minority, estimated at between 1.5 and two million persons. Areas with large Baluchi populations were severely underdeveloped and had limited access to education, employment, health care, and housing. Baluchi activists reported that more than 70 percent of the population lived below the poverty line.
According to activist reports, the law limited Sunni Baluchis’ employment opportunities and political participation. Activists reported that throughout the year, the government sent hundreds of Shia missionaries to areas with large Sunni Baluch populations to try to convert the local population. According to Baluchi rights activists, Baluchi journalists and human rights activists faced arbitrary arrest, physical abuse, and unfair trials.
According to widespread media reports and the UNSR’s July report, on February 22, IRGC officials killed 10 fuel couriers in Sistan va Balochistan Province, leading to protests. Authorities used excessive force including live ammunition to suppress these protests, causing two additional deaths (see section 1.a., Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings). UNSR Rehman previously noted in July 2020 that “in the border areas of Kurdistan, Ilam, West Azerbaijan and Kermanshah Provinces, Kurdish couriers (kolbars) continue to face excessive and lethal force by border officials. In 2019 there were 84 reported deaths and 192 injuries of kolbars, continuing a trend that has seen more than 1,000 kolbars killed or injured due to the actions of border officials since 2014. It is with concern that cases of violence against kolbars are often either dismissed by the courts or closed without conviction or compensation for the victims and their families.”
The UNSR’s report noted that excessive force was routinely used in antinarcotic operations in Sistan va Balochistan Province. In May for example, antinarcotic police in Iranshahr reportedly fatally shot a five-year-old child in the head.
Birth Registration: The law provides Iranian mothers the right to apply for citizenship for children born to fathers with foreign citizenship (see section 2.g, Stateless Persons and section 6, Women). Although the law is retroactive, mothers do not receive equal treatment; they must file an application for their children, whereas children born to Iranian fathers automatically have citizenship. The law also includes a stipulation of obtaining a security clearance from the security agencies prior to receiving approval. Birth within the country’s borders does not confer citizenship, except when a child is born to unknown parents. The law requires that all births be registered within 15 days.
Education: Although primary schooling until age 11 is free and compulsory for all, media and other sources reported lower enrollment in rural areas, especially for girls. According to HRW the child protection law passed in June 2020 following the killing of Romina Ashrafi (see section 6, Other Harmful Traditional Practices) sets out financial penalties for parents or guardians who fail to provide for their child’s access to education through secondary level. Secondary education is free. Children without state-issued identification cards are denied the right to education. In a 2019 report, UNSR Rehman expressed concern regarding access to education for minority children, including references to high primary school dropout rates for ethnic minority girls living in border provinces.
The government consistently barred use of minority languages in school for instruction.
Child Abuse: There was little information available on how the government dealt with child abuse. The law states, “Any form of abuse of children and juveniles that causes physical, psychological, or moral harm and threatens their physical or mental health is prohibited,” and such crimes carry a maximum sentence of three months in confinement. In June 2020 the Guardian Council approved legislation to support a child’s safety and well-being, including penalties against physical harm and for preventing access to education. The law defines a set of punishments, which include imprisonment and “blood money,” for negligence by anyone, including parents, that results in death, disability, bodily harm, and sexual harassment. The law requires the State Welfare Organization to investigate the situation of children in “extreme danger” of abuse, exploitation, or being out of school, among other concerns. The state also has the authority to remove children from a household and put them under state supervision until the prosecutor takes on the case. The law also applies to all citizens younger than age 18, despite the earlier age of maturity.
Reports of child abuse reportedly increased during the COVID-19 pandemic. The head of the State Welfare Organization in Mashhad noted an eightfold increase in child abuse cases reported in Mashhad in 2020, compared with the same period in 2019. According to IranWire, in October the head of Paveh city’s intelligence office ordered officers to detain and interrogate harshly two journalists for reporting on the rape of a seven-year-old girl by a 43-year-old man on September 20. The same intelligence office banned a psychiatrist from treating the child and left her with no medical care. Authorities threatened to arrest the journalists if they continued investigating the case.
According to IranWire, the Students’ Basij Force stepped up efforts in 2020 to recruit young persons into the organization. Although “most of these activities are of an educational and ideological nature,” there were reports that during recent domestic unrest, some younger Basij forces armed with light military equipment were seen on the streets of some cities. There continued to be reports of IRGC officials recruiting Afghan child soldiers, including to support Assad regime forces in Syria and the Taliban in Afghanistan (see section 1.g., Child Soldiers). In a 2018 interview by IranWire, a Fatemiyoun Brigade commander confirmed Afghan minors as young as 14 served in his unit in Syria.
Child, Early, and Forced Marriage: The legal minimum age of marriage for girls is 13, but girls as young as age nine may be married with permission from a court and their fathers. According to HRW, the child protection law does not criminalize child marriage.
According to the UNSR’s January report, between March 2018 and March 2019 the National Organization for Civil Registration registered 13,054 marriages of girls younger than 13. In 2019 a deputy minister warned that banks offering “marriage loans” without age restrictions increased child marriage. He stated that from March to August 2019, 4,460 girls younger than 15 had received such loans. Between March and June 2020, 7,323 marriages involving girls ages 10 to 14 were registered. The report also noted that a survey found that 37.5 percent of those subjected to child marriage were illiterate and a significant number reported domestic abuse.
Sexual Exploitation of Children: The legal age requirements for consensual sex are the same as those for marriage, as sex outside of marriage is illegal. There are no specific laws regarding child sexual exploitation, with such crimes either falling under the category of child abuse or sexual crimes of adultery. The law does not directly address sexual molestation or provide a punishment for it.
According to CHRI, the ambiguity between the legal definitions of child abuse and sexual molestation could lead to child sexual molestation cases being prosecuted under adultery law. While no separate provision exists for the rape of a child, the crime of rape, regardless of the victim’s age, is potentially punishable by death.
Displaced Children: There were reports of thousands of Afghan refugee children in the country, many of whom were born in Iran but could not obtain identity documents. These children were often unable to attend schools or access basic government services and were vulnerable to labor exploitation and trafficking.
UNHCR stated school enrollment among refugees was generally higher outside the 20 settlements, where more resources were available and where 96 percent of the refugees resided.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The law recognizes Jews as a religious minority and provides for their representation in parliament. According to the Tehran Jewish Committee, the population includes approximately 9,000 Jews. Members of the Iranian Jewish community were reportedly subjected to government restrictions and discrimination. Government officials, including the supreme leader, routinely engaged in egregious anti-Semitic rhetoric and Holocaust denial and distortion. On May 7, so-called Jerusalem Day, Supreme Leader Khamenei issued numerous anti-Semitic tweets calling those who live in Israel “racists,” questioning the Holocaust, and calling again for a referendum of original inhabitants to determine the future status of Israel, the West Bank, and Gaza.
Cartoons in state-run media outlets repeatedly depicted foreign officials as puppets of Jewish control. In September 2020 a government-controlled arts organization, the Hozeh Honari, announced it would hold a third “Holocaust Cartoon Festival,” the previous two having been held in 2006 and 2016. The contest results were released on January 1.
According to media reports, officials and media propagated conspiracy theories blaming Jews and Israel for the spread of COVID-19. According to NGO reports, school textbooks contained content that incites hatred against Jews as part of the state curricula for history, religion, and social studies.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
It is legal for persons to sell their kidney. The government matches buyers and sellers and sets a fixed price, but a black market for organs also existed.
According to HRW the 2018 Law for the Protection of the Rights of Persons with Disabilities increases pensions and extends insurance coverage to disability-related health-care services, but it does not explicitly prohibit discrimination. According to CHRI, as of 2019 the government did not allocate a budget to enforce the law. The law prohibits persons with vision, hearing, or speech disabilities from running for seats in parliament. While the law provides for government-funded vocational education for persons with disabilities, domestic news reports noted vocational centers were located only in urban areas and were largely unable to meet the needs of the entire population.
In 2019 HRW and CHRI reported persons with disabilities remained cut off from society, a major obstacle being a mandatory government medical test that may exclude children with disabilities from the public school system. Based on government figures, during the 2018-19 school year, 150,000 children of school age with disabilities were enrolled in school, and more were in “special schools” that segregated them from other students. Estimates put the total number of school-age children with disabilities at 1.5 million. They continued to face stigma and discrimination from government social workers, health-care workers, and others. Subsequently, many persons with disabilities remained unable to participate in society on an equal basis.
The law provides for public accessibility to government-funded buildings, and new structures appeared to comply with these standards. There were efforts to increase access for persons with disabilities to historic sites. Government buildings that predated existing accessibility standards remained largely inaccessible, and general building accessibility, including access to toilets for persons with disabilities, remained a problem. Individuals with disabilities had limited access to informational, educational, and community activities. CHRI reported in 2018 that refugees with disabilities, particularly children, were often excluded or denied the ability to obtain the limited state services provided by the government.
Despite government programs to treat and provide financial and other assistance to persons with HIV or AIDS, international news sources and organizations reported that individuals known to be infected with HIV or AIDS faced widespread societal discrimination. Individuals with HIV or AIDS, for example, continued to be denied employment as teachers.
The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment. The law does not distinguish between consensual and nonconsensual same-sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault. The law does not prohibit discrimination based on sexual orientation and gender identity.
While few details were available for specific cases, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists expressed concern that the government executed LGBTQI+ individuals under the pretext of more severe, and possibly specious, criminal charges such as rape. Security forces harassed, arrested, and detained individuals they suspected of being LGBTQI+. In some cases security forces raided houses and monitored internet sites for information on LGBTQI+ persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. The Iranian Lesbian and Transgender Network (6Rang) noted that individuals arrested under such conditions were traditionally subjected to forced anal or sodomy examinations – which the United Nations and World Health Organization stated may constitute torture – and other degrading treatment and sexual insults. Punishment for same-sex sexual activity between men was more severe than between women.
According to Amnesty International, on May 4, 20-year-old Alireza Fazeli Monfared, who identified as a nonbinary gay man, was abducted by male relatives in his hometown of Ahwaz in Khuzestan Province. The next day these men reportedly told Monfared’s mother they had killed him and dumped his body under a tree. Authorities confirmed his throat was slit and announced an investigation; however, according to Amnesty International in September, none of the suspected perpetrators had been arrested.
According to an August factsheet by CHRI, a 2020 survey by 6Rang of more than 200 individuals living in the country and identifying as LGBTQI+ found that 46 percent reported being victims of sexual violence at their school or university, 49 percent reported being victims of sexual violence by their peers, and more than 52 percent reported being victims of sexual violence in public spaces. Anonymous respondents reported being beaten, detained, and flogged by security authorities.
The government censored all materials related to LGBTQI+ status or conduct. Authorities particularly blocked websites or content within sites that discussed LGBTQI+ issues, including the censorship of Wikipedia pages defining LGBTQI+ and other related topics. There were active, unregistered LGBTQI+ NGOs and activists in the country.
In 2019 a revolutionary court sentenced Rezvaneh Mohammadi, a gender-equality activist, to five years in prison. According to CHRI, authorities arrested Mohammadi in 2018 and held her in solitary confinement for several weeks at Evin Prison, where they pressured her, including via threat of rape, to confess to receiving money to overthrow the government. Mohammadi was reportedly freed on bail.
Hate-crime laws or other criminal justice mechanisms do not exist to aid in the prosecution of bias-motivated crimes.
The law requires all male citizens older than age 18 to serve in the military but exempts gay men and transgender women, who are classified as having mental disorders. Military identity cards list the subsection of the law dictating the exemption. According to 6Rang, this practice identified gay or transgender individuals and put them at risk of physical abuse and discrimination.
While LGBTQI+ status and conduct are criminalized, many clerics believed that LGBTQI+ persons were trapped in a body of the wrong sex, and NGOs reported that authorities pressured LGBTQI+ persons to undergo gender reassignment surgery. Reports indicated these procedures disregarded psychological and physical health and that many persons recommended for surgery did not identify as transgender but were forced to comply to avoid punishment for their LGBTQI+ identity. According to a July 2020 report by 6Rang, the number of private and semigovernmental psychological and psychiatric clinics allegedly engaging in “corrective treatment” or reparative therapies of LGBTQI+ persons continued to grow. The NGO 6Rang reported the increased use at such clinics of electric shock therapy to the hands and genitals of LGBTQI+ persons, prescription of psychoactive medication, hypnosis, and coercive masturbation to pictures of persons of the opposite sex. According to 6Rang, one such institution was called the Anonymous Sex Addicts Association of Iran, with branches in 18 provinces.
Section 1. Respect for the Integrity of the Person
There were several reports the government or its agents committed, or attempted to commit, arbitrary or unlawful killings. Impunity was a significant problem in investigating whether security force killings were justifiable (see section 1.e.).
Officers of the Federal Security Service (FSB) poisoned opposition activist and anticorruption campaigner Aleksey Navalny in August 2020 with a form of Novichok, a nerve agent that was also used in the 2018 attack on former Russian intelligence officer Sergey Skripal in the United Kingdom. In December 2020 investigations published by the independent outlets Bellingcat and The Insider identified eight FSB officers suspected to have been involved in Navalny’s poisoning based on telephone records and travel data as well as an inadvertent confession by one of the FSB officials. On June 11, Navalny’s Anticorruption Foundation published the results of an investigation that alleged the doctors who treated Navalny at a hospital in Omsk falsified his original medical records to hide evidence of his poisoning. At year’s end Russian Federation representatives continued to reject requests to open an investigation into the circumstances of Navalny’s poisoning and repeated denials that he had been poisoned by a nerve agent.
In an investigation published on January 27, Bellingcat, The Insider, and Der Spiegel implicated several of the same FSB officials in the deaths of at least two other Russian activists between 2014 and 2019: Timur Kuashev, a journalist critical of Russia’s invasion of Crimea who died in 2014, and Ruslan Magomedragimov, an activist for the Lezgin ethnic minority group who died in 2015. According to reporting at the time, both died of apparent poisoning, although neither death was investigated by authorities as suspicious. In another joint investigation, Bellingcat, The Insider, and Der Spiegel reported on February 12 that some of the same FSB officials had followed opposition activist Vladimir Kara-Murza immediately preceding his poisoning with an unknown substance in two assassination attempts in 2015 and 2017. On June 10, Bellingcat and The Insider reported that the same FSB officers were also implicated in the 2019 poisoning and near death of writer, journalist, and Russian government critic Dmitriy Bykov.
Credible nongovernmental organizations (NGOs) and independent media outlets continued to publish reports indicating that, from December 2018 to January 2019, local authorities in the Republic of Chechnya renewed a campaign of violence against individuals perceived to be members of the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community. In February the news outlet Novaya Gazeta published information corroborating previous reports that Chechen security officials extrajudicially executed 27 residents of the Republic of Chechnya in 2017. As part of its investigation into the abuses, Novaya Gazeta interviewed former Chechen police sergeant Suleyman Gezmakhmayev, who testified that his police regiment, the Akhmat Kadyrov Police Patrol Service Regiment, carried out mass arrests and some of the extrajudicial killings of the 27 residents between December 2016 and January 2017. Media reported that Chechen police officers subsequently sought to force Gezmakhmayev to recant his testimony by putting pressure on relatives who remained in Chechnya. On March 15, presidential press secretary Dmitriy Peskov told reporters that the government was aware of Novaya Gazeta’s investigations into the extrajudicial executions in Chechnya but did not have the prerogative to investigate. Media outlets reported that the former head of the regiment, Aslan Iraskhanov, was appointed head of Chechnya’s police at the end of March. According to human rights organizations, as of December authorities had failed to open investigations into the allegations or reports of extrajudicial killings and mass torture of LGBTQI+ persons in Chechnya and continued to deny there were any LGBTQI+ persons in the republic.
There were multiple reports that, in some prison colonies, authorities systematically tortured inmates (see section 1.c.), in some cases resulting in death or suicide. According to media reports, on February 27, a prisoner, Adygzhy Aymyr-ool, was found dead at the Irkutsk Penal Colony No. 25 (IK-25) prison with signs of torture on his body. Relatives of Aymyr-ool told media that he had previously complained of beatings and poor detention conditions. The Federal Penitentiary System Office of the Irkutsk Region told media it would investigate the cause of his death but denied reports detailing signs of a violent death. On October 5, the human rights group Gulagu.net announced it had obtained more than 1,000 leaked videos showing Russian prison officials torturing and sexually abusing inmates or forcing inmates to subject other inmates to such abuse in the Saratov region and elsewhere.
There were reports that the government or its proxies committed, or attempted to commit, extrajudicial killings of its opponents in other countries. On February 19, Ukraine filed a complaint against the Russian Federation in the European Court of Human Rights (ECHR) for its role in the “political assassinations of opponents.” Ukraine claimed that “operations to target the alleged opponents of the Russian state are carried out in Russia and on the territory of other states, including the member states of the Council of Europe, outside the situation of armed conflict.” On December 15, a German court sentenced a Russian citizen, Vadim Krasikov, to life in prison for killing a former Chechen rebel commander of Georgian nationality, Zelimkhan Khangoshvili, in a Berlin park in 2019. Prosecutors claimed that Krasikov traveled to Germany under an alias and belonged to a special unit of the FSB. The presiding judge concluded that “the central government of the Russian Federation was the author of this crime.”
The country continued to engage in armed conflict in eastern Ukraine, where human rights organizations attributed thousands of civilian deaths, widespread displacement of persons, and other abuses to Russia-led forces. Russian occupation authorities in Crimea also committed widespread abuses (see Country Reports on Human Rights Practices for Ukraine).
Since 2015 the country’s armed forces conducted military operations, including airstrikes, in the conflict in Syria. According to human rights organizations, the country’s forces took actions, such as bombing urban areas, that intentionally targeted civilian infrastructure (see Country Reports on Human Rights Practices for Syria).
Since 2017 the country provided the Central African Republic Army unarmed military advisors under the auspices of parameters established by the UN Security Council sanctions regime. According to a report presented by the UN Panel of Experts on the Central African Republic to the UN Security Council Committee on May 20, the Russian advisors actively participated in, and often led, combat operations on the ground and participated in abuses against civilians, including cases of excessive use of force, harsh interrogation tactics, numerous killings of civilians, and looting of homes on a large scale (see Country Reports on Human Rights Practices for the Central African Republic).
The news website Caucasian Knot reported that violent confrontations with security forces resulted in at least 19 deaths in the North Caucasus during the first half of the year. Chechnya was the most affected region, with five law enforcement officers injured and six suspected armed insurgents killed.
There were reports of disappearances perpetrated by or on behalf of government authorities. Enforced disappearances for both political and financial reasons continued in the North Caucasus. According to the August 2020 report of the UN Working Group on Enforced or Involuntary Disappearances, there were 896 outstanding cases of enforced or involuntary disappearances in the country.
There were reports that police committed enforced disappearances and abductions during the year.
Security forces were allegedly complicit in the kidnapping and disappearance of individuals from Central Asia, whose forcible return was apparently sought by their governments (see section 2.f., Protection of Refugees).
There were continued reports of abductions and torture in the North Caucasus, including of political activists, LGBTQI+ persons, and others critical of Chechnya head Kadyrov. For example, in September 2020 Salman Tepsurkayev, a 19-year-old Chechen activist and moderator of 1ADAT, a social media channel that was highly critical of Kadyrov, was kidnapped and subjected to abuse and humiliation in a disturbing video, reportedly by officers of the Akhmat Kadyrov Post and Patrol Service Regiment of the Chechen Police. Media outlets reported in January that the Investigative Committee of Gelendzhik in Krasnodar Kray opened an investigation into Tepsurkayev’s disappearance. As of December, however, Tepsurkayev’s whereabouts were unknown. On October 19, the ECHR found Russian state agents responsible for the disappearance and torture of Tepsurkayev and ordered the Russian Federation to pay 26,000 euros ($29,900) in compensation.
On June 23, the ECHR ordered Russia to pay damages of almost two million euros ($2.3 million) to the relatives of 11 persons, mainly from the ethnic Avar minority, who went missing in Chechnya in 2005 during an operation by a military unit composed of ethnic Chechens. In its ruling, the ECHR stated that Russia had violated several articles of the European Convention on Human Rights, including the right to life.
There were reports Russia-led forces and Russian occupation authorities in Ukraine engaged in enforced disappearances (see Country Reports on Human Rights Practices for Ukraine).
Although the constitution prohibits such practices, numerous credible reports indicated law enforcement officers engaged in torture, abuse, and violence to coerce confessions from suspects, and authorities only occasionally held officials accountable for such actions.
There were reports of deaths because of torture (see section 1.a., above).
Physical abuse of suspects by police officers was reportedly systemic and usually occurred within the first few days of arrest in pretrial detention facilities. Reports from human rights groups and former police officers indicated that police most often used electric shocks, suffocation, and stretching or applying pressure to joints and ligaments because those methods were considered less likely to leave visible marks. The problem was especially acute in the North Caucasus. According to the Civic Assistance Committee, prisoners in the North Caucasus complained of mistreatment, unreasonable punishment, religious and ethnic harassment, and inadequate provision of medical care.
There were reports that police beat or otherwise abused persons, in some cases resulting in their death. Police used excessive force and harsh tactics to encircle and detain protesters during countrywide protests in late January and early February calling for the release of Aleksey Navalny, who was detained on January 17 upon his return to Russia and sentenced to prison on February 2 (see section 1.d.). On April 26, the online news outlet Meduza published an article detailing multiple instances of excessive use of force and harsh treatment against detainees held in custody during the April 21 protests in St. Petersburg. In one example, police detained a protester for filming the arrests and shocked him with a taser on the way to the police van, “triggering symptoms of cardiac arrythmia,” according to Meduza.
There were reports that law enforcement officers used torture, including sleep deprivation, as a form of punishment against detained opposition and human rights activists, journalists, and critics of government policies. For example, on March 31, Navalny initiated a hunger strike to protest authorities’ failure to provide him a requested medical examination and treatment for pain and loss of mobility in his legs after he was transferred on March 15 to the Penal Colony No. 2 (IK-2) in the Vladimir region (see section 1.d., Arbitrary Arrest and Detention). Prison authorities also subjected Navalny for months to hourly wake-ups through the night by prison authorities on the pretense that he was a “flight risk.” Navalny likened this treatment to torture through sleep deprivation. On April 23, he ended his hunger strike after being permitted access to outside medical care. On June 28, a Moscow district court rejected Navalny’s request to be removed from the “prone to escape” list. Navalny continued to be treated as a flight risk until October 11, when he was instead designated an extremist and a terrorist.
Several activists affiliated with Navalny and his political activities or the Anticorruption Foundation also reported being tortured or abused by security officials while in their custody. Alena Kitayeva, a volunteer for Navalny associate Lyubov Sobol, who was issued a 12-day administrative arrest in February, accused police officers of torture after they placed a bag over her head and threatened her with a stun gun if she did not provide them her cell phone password.
In several cities police reportedly subjected members of Jehovah’s Witnesses, a religious group banned without basis under antiextremism laws, to physical abuse and torture during and following their arrest. For example, on October 4, during coordinated home raids by Interior Ministry and National Guard forces targeting members of Jehovah’s Witnesses in Irkutsk, four members of the group alleged that they were severely beaten, one of whom additionally alleged he was tortured. One member, Anatoliy Razdabarov, was allegedly kicked in the head and kidneys and threatened with rape, while his wife Greta was dragged by her hair before being beaten. Nikolay Merinov was hit in the face with a blunt object, breaking one of his teeth and knocking him unconscious. When he regained consciousness, an officer was sitting on him and beating him. Merinov’s wife Liliya reported she was also dragged by her hair and physically assaulted.
There were reports of the FSB using torture against young “anarchists and antifascist activists” who were allegedly involved in several “terrorism” and “extremism” cases.
In the North Caucasus region, there were widespread reports that security forces abused and tortured both alleged militants and civilians in detention facilities. For example, on October 24, newspaper Novaya Gazeta reported on the case of Salman Mukayev, a Chechen man who was detained and allegedly tortured in 2020 because security forces, based on a text message, believed him to be gay. The officers reportedly suffocated Mukayev with a bag, kicked him, subjected him to electric shocks for hours and attempted to co-opt him to identify members of the LGBTQI+ community in Chechnya. After his release, Mukayev fled Russia.
There were reports of authorities detaining defendants for psychiatric evaluations to exert pressure on them or sending defendants for psychiatric treatment as punishment. Prosecutors and certified medical professionals may request suspects be placed in psychiatric clinics on an involuntary basis. For example, on January 27, authorities forcibly hospitalized Siberian shaman Aleksandr Gabyshev after he renewed his 2019 calls to “expel” Vladimir Putin from power and missed a court-mandated appointment related to his May 2020 detention (see Country Reports on Human Rights Practices for Russia for 2020). In mid-March the Yakut psychiatric hospital declared Gabyshev insane. On July 26, the Yakutsk City Court ruled that Gabyshev be confined indefinitely to a psychiatric hospital for compulsory intensive treatment.
Reports of nonlethal physical abuse and hazing continued in the armed forces. Activists reported such hazing was often tied to extortion schemes. On May 27, the online media outlet 29.ru published an article describing the abuse of a 21-year-old conscript, Dmitriy Lapenkov, who was serving in the city of Yurga in Kemerovo Oblast. Lapenkov’s mother told the outlet he was subjected to severe hazing, including being forced to take an unknown tablet and call relatives to ask for large sums of money. He was subsequently transferred to a psychiatric hospital in the city of Novosibirsk in an incoherent state. His mother claimed he had sustained a brain injury because of beating.
There were reports that Russia-led forces in Ukraine’s Donbas region and Russian occupation authorities in Crimea engaged in torture (see Country Reports on Human Rights Practices for Ukraine).
Impunity was a significant problem in the security forces. In most cases where law enforcement officers or other government officials were publicly implicated in human rights abuses, authorities denied internal and external requests for independent investigation and engaged in disinformation campaigns or other efforts to obfuscate such allegations. The government’s propensity to ignore serious human rights allegations along with the uneven application of the rule of law and a lack of judicial transparency resulted in impunity for most perpetrators.
The few investigations into official abuses that were conducted often concerned allegations of torture in detention and pretrial detention facilities that were exposed by whistleblowers or independent media. For example, on June 28, the Kanavinskiy District Court of Nizhny Novgorod sentenced former police officers Aleksey Khrulev and Nikolay Atamashko to two and one-half years in prison for abuse of office with violence. In 2015 the officers detained and beat Leonid Murskiy until he signed a confession for selling drugs.
While the law prohibits arbitrary arrest and detention, authorities engaged in these practices with impunity. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention, but successful challenges were rare.
The law provides for an independent judiciary, but judges remained subject to influence from the executive branch, the armed forces, and other security forces, particularly in high-profile or politically sensitive cases, as well as to corruption. The outcomes of some trials appeared predetermined. Acquittal rates remained extremely low. In 2020 courts acquitted 0.34 percent of all defendants.
There were reports of pressure on defense attorneys representing clients who were being subjected to politically motivated prosecution and other forms of reprisal. According to a 2019 report from the Agora International Human Rights Group, it was common practice for judges to remove defense attorneys from court hearings without a legitimate basis in retaliation for their providing clients with an effective defense. The report also documented a trend of law enforcement authorities using physical force to interfere with the work of defense attorneys, including the use of violence to prevent them from being present during searches and interrogations.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law forbids officials from entering a private residence except in cases prescribed by federal law or when authorized by a judicial decision. The law also prohibits the collection, storage, utilization, and dissemination of information about a person’s private life without his or her consent. While the law previously prohibited government monitoring of correspondence, telephone conversations, and other means of communication without a warrant, those legal protections were significantly weakened by laws passed after 2016 granting authorities sweeping powers and requiring telecommunications providers to store all electronic and telecommunication data (see section 2.a., Internet Freedom). Politicians from minority parties, NGOs, human rights activists, and journalists alleged that authorities routinely employed surveillance and other measures to spy on and intimidate citizens.
Law enforcement agencies required telecommunications providers to grant the Ministry of Internal Affairs and the FSB continuous remote access to client databases, including telephone and electronic communications, enabling them to track private communications and monitor internet activity without the provider’s knowledge. The law permits authorities with a warrant to monitor telephone calls in real time, but this safeguard was largely pro forma. The Ministry of Information and Communication requires telecommunications service providers to allow the FSB to tap telephones and monitor the internet. On July 1, President Putin signed into law a bill that allows security services to obtain data on the location of mobile telephones without a court order for a period of 24 hours, or 48 hours in the case of a missing minor. Prior to the adoption of this amendment, even though the Ministry of Information and Communication maintained that authorities would not access information without a court order, the FSB was not required to show it.
Law enforcement officials reportedly accessed, collected, or used private communications or personal data arbitrarily or unlawfully or without appropriate legal authority.
The law requires explicit consent for governmental and private collection of biometric data via facial recognition technology. Laws on public security and crime prevention, however, provide for exceptions to this consent requirement. Human rights activists claimed the law lacks appropriate safeguards to prevent the misuse of these data, especially without any judicial or public oversight over surveillance methods and technologies.
Authorities punished family members for offenses allegedly committed by their relatives. On January 27, police detained Aleksey Navalny’s brother Oleg (see section 1.d.) the same day as police searched the houses of at least 13 Navalny associates, including those of his wife Yuliya and his colleague Lyubov Sobol, as well as the headquarters of “Navalny Live,” Navalny’s anticorruption YouTube channel. Critics characterized the police tactics as efforts to punish or pressure Navalny, who remained detained at the time. In subsequent months authorities exerted similar pressure on the families of Navalny’s associates residing outside of the country, such as Leonid Volkov, Navalny’s former campaign manager, and Ivan Zhdanov, the former director of the Anticorruption Foundation.
According to a December 2020 study by the information and analytical agency TelecomDaily, the country had more than 13 million closed-circuit television cameras in 2020, with approximately one-third of these installed by the government and the rest by businesses and individuals to protect private property. By the end of 2020, approximately 200,000 government surveillance cameras were installed in Moscow and equipped with Russian-developed automated facial recognition software as part of its “Safe City” program. The system was initially installed in key public places, such as metro stations and apartment entrances, to scan crowds against a database of wanted individuals. During the demonstrations on April 21 (see section 1.d.), authorities used facial recognition data to identify protesters, sometimes incorrectly, days after the demonstration.
In 2020 the State Duma adopted a law to create a unified federal register containing information on all the country’s residents, including their names, dates and places of birth, and marital status. According to press reports, intelligence and security services would have access to the database in their investigations. There were reports that authorities threatened to remove children from the custody of parents engaged in political activism or some forms of religious worship, or parents who were LGBTQI+ persons. Several families reportedly left the country due to fear of arrest, although as of October no related arrests were reported.
The law requires relatives of terrorists to pay the cost of damages caused by an attack, which human rights advocates criticized as collective punishment. Chechen Republic authorities reportedly routinely imposed collective punishment on the relatives of alleged terrorists, including by expelling them from the republic.
Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: Rape is illegal, and the law provides the same punishment for a relative, including a spouse, who commits rape as for a nonrelative. The penalty for conviction of rape is three to six years’ imprisonment for a single offense, with additional time imposed for aggravating factors. According to NGOs, many law enforcement personnel and prosecutors did not consider spousal or acquaintance rape a priority and did not encourage reporting or prosecuting such cases. NGOs reported that local police officers sometimes refused to respond to rape or domestic violence calls unless the victim’s life was directly threatened. Authorities typically did not consider rape or attempted rape to be life threatening.
Domestic violence remained a significant problem. There is no domestic violence provision in the law and no legal definition of domestic violence, making it difficult to know its actual prevalence in the country. The law considers beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment. The anti-domestic-violence NGO ANNA Center estimated that 60 to 70 percent of women who experienced some form of domestic violence did not seek help due to fear, public shame, lack of financial independence from their partners, or lack of confidence in law enforcement authorities. Laws that address bodily harm are general in nature and do not permit police to initiate a criminal investigation unless the victim files a complaint. The burden of collecting evidence in such cases typically falls on the alleged victims. The law prohibits threats, assault, battery, and killing, but most acts of domestic violence did not fall within the jurisdiction of the Prosecutor’s Office. The law does not provide for protection orders, which experts believed could help keep women safe from experiencing recurrent violence by their partners.
Open Media reported in January that the government “drastically cut” funding for domestic violence initiatives in the previous year, from 16.5 million rubles ($223,000) in 2019 to two million rubles ($27,000) in 2020. During the year the government provided a grant to only one NGO of dozens of domestic violence crisis centers and legal aid organizations that sought government funding. According to Open Media, the government instead funded projects aimed at preventing divorce or promoting “Orthodox Christian traditions to strengthen families.”
In December 2020 the Ministry of Justice added the prominent women’s rights NGO Nasiliu.net – Russian for No to Violence – to the registry of “foreign agents,” a move media attributed to the organization’s support of a draft bill to recriminalize domestic violence introduced to the State Duma in 2019. Director Anna Rivina characterized the designation as a political reaction by the government and an effort to silence dissent and criticism of its stance on domestic violence, which experts said was influenced by conservative “traditional values.”
COVID-19-related stay-at-home orders and general restrictions on movement trapped many women experiencing domestic violence in the same space as their abusers. Many survivors noted they could not leave their homes due to fear of being punished for violating the stay-at-home order.
There were reports that women defending themselves from domestic violence were charged with crimes. In March authorities recognized three sisters accused of murdering their abusive father in 2018 as victims after the Investigative Committee opened a criminal case against the father on charges of sexual assault, coercion into sexual acts, and torture. Their lawyers expressed hope this “breakthrough” in the case would result in the dismissal of the sisters’ murder charges.
According to the ANNA Center, when domestic violence offenses were charged, articles under the country’s criminal law were usually applied that employed the process of private prosecution. The process of private prosecution requires the victim to gather all necessary evidence and bear all costs after the injured party or his or her guardian took the initiative to file a complaint with a magistrate judge. The NGO noted that this process severely disadvantages survivors. Experts estimated that seven of 10 such cases were dropped due to reconciliation of the parties as a result of the abuser pressuring, manipulating, and intimidating the survivor who often had to continue living in the same house.
According to NGOs, police were often unwilling to register complaints of domestic violence, saying that cases were “family matters,” frequently discouraged survivors from submitting complaints, and often pressed victims to reconcile with abusers.
Most domestic violence cases filed with authorities were either dismissed on technical grounds or transferred to a reconciliation process conducted by a justice of the peace whose focus was on preserving the family rather than punishing the perpetrator. NGOs estimated that only 3 percent of such cases eventually reached the courts. Survivors of domestic violence in the North Caucasus experienced difficulty seeking protection from authorities.
NGOs noted government-operated institutions provided services to affected women such as social apartments, hospitals wards, and shelters. Access to these services was often complicated, since they required proof of residency in that municipality, as well as proof of low-income status. In many cases these documents were controlled by the abusers and not available to survivors. A strict two-month stay limit in the shelters and limited business hours of these services further restricted survivors’ access to social services. After COVID-19-related restrictions forced many shelters to close temporarily, NGOs rented out apartments and hotels to shelter the survivors.
Female Genital Mutilation/Cutting (FGM/C): The law does not specifically prohibit FGM/C. NGOs in Dagestan reported that FGM/C was occasionally practiced in some villages. On October 23, media outlets reported that the first case of FGM/C to be prosecuted in a Russian court was likely to end without resolution due to procedural delays that extended proceedings beyond the two-year statute of limitations for the offense stipulated by law. Criminal charges of “causing minor harm to health” were brought against a doctor in Ingushetiya who performed an FGM/C operation on a nine-year-old girl at her father’s request in 2019.
Other Harmful Traditional Practices: Human rights groups reported that “honor killings” of women persisted in Chechnya, Dagestan, and elsewhere in the North Caucasus, but the cases were rarely reported or acknowledged. Local police, doctors, and lawyers often collaborated with the families involved to cover up the crimes. In some parts of the North Caucasus, women continued to face bride kidnapping, polygamy, forced marriage (including early and child marriage), legal discrimination, virginity testing before marriage, and forced adherence to Islamic dress codes. Women in the North Caucasus often lost custody of their children after the father’s death or a divorce due to traditional law that prohibits women from living in a house without a man.
Sexual Harassment: The law contains a general provision against compelling a person to perform actions of a sexual character by means of blackmail, threats, or by taking advantage of the victim’s economic or other dependence on the perpetrator. There is no legal definition of harassment, however, and no comprehensive guidelines on how it should be addressed. Sexual harassment was reportedly widespread, but courts often rejected victims’ claims due to lack of sufficient evidence.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities during the year, although there had been such reports in previous years.
There were significant social and cultural barriers to family planning and reproductive health in the North Caucasus republics, including cases of FGM/C.
There are no legal restrictions on access to contraceptives, but very few citizens received any kind of sexual education, hampering their use. Senior government officials and church and conservative groups in the country stridently advocated for increasing the birth rate, and their opposition to family planning initiatives contributed to a social stigma that also affected the use of contraceptives.
Access to family planning and skilled medical attendance at birth varied widely based on geography and was often extremely limited in rural areas.
According to various human rights groups, COVID-19 restrictions negatively affected accessibility for the full range of reproductive health services.
The government did not deny access to sexual and reproductive health services for survivors of sexual violence, but survivors did not always seek needed treatment due to social stigma. Emergency contraception was readily available as part of clinical management of rape in urban centers, but not necessarily in rural areas.
Discrimination: The constitution and law provide that men and women enjoy the same legal status and rights, but women often encountered significant restrictions. Women experienced discrimination in the workplace, in pay, and in access to credit. At the start of the year, the government lifted Soviet-era gender-based employment restrictions, enabling women to do approximately 350 types of jobs that had previously been forbidden, such as truck driving. The Ministry of Labor ruled 100 jobs to be especially physically taxing, including firefighting, mining, and steam boiler repair, which remained off-limits to women.
The law prohibits discrimination based on nationality, but according to a 2017 report by the UN Committee on the Elimination of Racial Discrimination, officials discriminated against minorities, including through “de facto racial profiling, targeting in particular migrants and persons from Central Asia and the Caucasus.” Activists reported that police officers often stopped individuals who looked foreign and asked them for their documents, claiming that they contained mistakes even when they were in order, and demanded bribes.
Hate crimes targeting ethnic minorities continued to be a problem. According to a 2018 report by the human rights group Antidiscrimination Center Memorial, Roma faced widespread discrimination in access to resources and basic utilities; demolitions of houses and forced evictions, including of children, often in winter; violation of the right to education (segregation of Romani children in low-quality schools); deprivation of parental rights; and other forms of structural discrimination.
During the year the government sought to repress expressions of ethnic identity, including calls for the preservation of minority languages and cultures. In February the City Court of Naberezhnye Chelny fined the writer and public figure Fauziya Bayramova for incitement to violate the territorial integrity of Russia. Bayramova was convicted after authorities reviewed the translated transcript of her speech at a scientific conference organized by the All-Tatar Public Center of Kazan in 2020 in which she had spoken of the need to preserve Tatar culture and identity. In another example, in 2019 law enforcement authorities forcibly broke up a protest in Ingushetiya against government efforts to cede disputed territory to Chechnya and detained 51 individuals on charges related to use of violence against security forces. According to Memorial, as of July, 38 individuals had been convicted in relation to the protest, including Magomed Khamkhoyev, who was sentenced to three and one-half years in prison in February. On December 15, seven leaders of the Ingushetiya protest movement were found guilty of forming an extremist group and assaulting law enforcement, and they received prison sentences ranging from seven to nine years. Memorial considered them to be political prisoners.
Birth Registration: By law citizenship derives from parents at birth or from birth within the country’s territory if the parents are unknown or if the child may not claim the parents’ citizenship. Failure to register a birth resulted in the denial of public services.
Education: Education is free and compulsory through grade 11, although regional authorities frequently denied school access to the children of persons who were not registered local residents, including Roma, asylum seekers, and migrant workers.
Child Abuse: The country does not have a law on child abuse, but the law prohibits murder, battery, and rape. The penalties for conviction of such crimes range from five to 15 years in prison and, if they result in the death of a minor, up to 20 years in prison. The law makes beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment, applies to children as well. Some State Duma deputies claimed that children needed discipline and authority in the family, condoning beating as a mode of discipline.
Studies indicated that violence against children was common. According to a report published in 2019 by the National Institute for Child Protection, one in four parents admitted to having beaten their children at least once with a belt.
Child, Early, and Forced Marriage: The minimum legal age for marriage is 18 for both men and women. Local authorities may authorize marriage from the age of 16 under certain circumstances. More than a dozen regions allow marriage from the age of 14 under special circumstances, such as pregnancy or the birth of a child.
Sexual Exploitation of Children: The age of consent is 16. The law prohibits the commercial sexual exploitation, sale, offering, or procuring of children for commercial sexual exploitation, and practices related to child pornography. Authorities generally enforced the law.
The law prohibits the manufacture, distribution, and possession with intent to distribute child pornography, but possession without intent to distribute is not prohibited by law. Manufacture and distribution of pornography involving children younger than 18 is punishable by two to eight years in prison or three to 10 years in prison if children younger than 14 are involved. Authorities considered child pornography to be a serious problem.
Roskomnadzor has the power to shut down any website immediately and without due process until its owners prove its content does not include child pornography.
Institutionalized Children: There were reports of neglect as well as physical and psychological abuse in state institutions for children. NGOs reported that children with disabilities were especially vulnerable to low-quality care at institutions due to a lack of resources and inadequate reforms. NGOs pointed to the closing of schools and strict stay-at-home orders during the height of COVID-19 measures as especially detrimental to at-risk children, including children in institutions. NGOs noted that many had limited access to social services and teachers or counselors.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The 2010 census estimated the Jewish population at slightly more than 150,000. The Russian Jewish Congress (RJC) estimated the Jewish population at 172,500, while the Federation of Jewish Communities estimated there were 1.5 million persons of Jewish heritage.
In the most recent data available, the RJC reported a slight decline in the level of anti-Semitic violence in 2020, compared with previous years, and reported similar downward trends in anti-Semitism in the public sphere, with only a few notable anti-Semitic posts on social media sites that caused a negative reaction among the public and journalistic community. The RJC reported, however, that limited political pressure on Jewish organizations continued in 2020. There were no reported cases of anti-Semitic attacks against the Jewish community during 2020. There was one instance in which law enforcement intervened to thwart an attempt to kill a Jewish leader that resulted in the arrest of the would-be killer. There was only one reported instance of anti-Semitic expression on state television and a small number of anti-Semitic statements and publications by journalists and in social media posts by private citizens online. By the end of 2020, the RJC reported 10 criminal sentences had been issued against individuals for statements that directly or indirectly related to anti-Semitism, with the most common sentence a fine for hate speech or “propaganda through the internet.”
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law provides protection for persons with physical, sensory, intellectual, and mental disabilities, including access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. The government did not enforce these provisions effectively.
The conditions of guardianship imposed by courts on persons with disabilities deprived them of almost all personal rights. Activists reported that courts declared tens of thousands of individuals “legally incompetent” due to intellectual disabilities, forcing them to go through guardians to exercise their legal rights, even when they could make decisions for themselves. Courts rarely restored legal capacity to individuals with disabilities. By law individuals with intellectual disabilities were at times prevented from marrying without a guardian’s consent.
In many cases persons with intellectual or physical disabilities were confined to institutions where they were often subjected to abuse and neglect. Roszdravnadzor, the Federal Service for Surveillance in Health Care, announced that it found abuses in 87 percent of institutions for children and adults with intellectual disabilities during a 2019 audit.
Federal law requires that buildings be accessible to persons with disabilities. While there were improvements, especially in large cities such as Moscow and St. Petersburg, authorities did not effectively enforce the law in many areas of public transportation and in buildings. Many individuals in wheelchairs reported they continued to have trouble accessing public transportation and had to rely on private cars. Wheelchair-accessible street curbs were not widely available in many regions throughout the country.
Election law does not specifically mandate that polling places be accessible to persons with disabilities, and most of them were not. Election officials generally brought mobile ballot boxes to the homes of voters with disabilities.
The government began to implement inclusive education, but many children with disabilities continued not to study in mainstream schools due to a lack of accommodations to facilitate their individual learning needs. Many schools did not have the physical infrastructure or adequately trained staff to meet the needs of children with disabilities, leaving them no choice but to stay at home or attend segregated schools. Even when children were allowed to attend a mainstream school, many staff and children lacked understanding to meet the educational needs of the child. While the law mandates inclusive education for children with disabilities, authorities generally segregated them from mainstream society through a system that institutionalized them through adulthood. Graduates of such institutions often lacked the social, educational, and vocational skills to function in society.
There appeared to be no clear standardized formal legal mechanism by which individuals could contest their assignment to a facility for persons with disabilities. The classification of children with intellectual disabilities by category of disability often followed them through their lives. The official designations “imbecile” and “idiot,” assigned by commissions that assess children with developmental delays at the age of three, signified that authorities considered the child uneducable. These designations were almost always irrevocable. The designation “weak” (having a slight cognitive or intellectual disability) followed an individual on official documents, creating barriers to employment and housing after graduation from state institutions.
Persons with HIV or AIDS faced significant legal discrimination, growing informal stigma-based barriers, and employment discrimination.
In 2020 the government lifted restrictions on persons with HIV who wanted to adopt children if the adoptive parents met strict criteria, such as being on dispensary observation for at least a year and having a CD4 cell level of more than 350 cells/milliliter. Nonetheless, they also continued to face barriers to adopting children in many cases.
According to NGO activists, men who have sex with men were unlikely to seek antiretroviral treatment, since treatment exposed the fact that these individuals had the virus, while sex workers were afraid to appear in the official system due to threats from law enforcement bodies. Many individuals who injected drugs also did not seek treatment because of the country’s aggressive criminalization of illegal drugs and marginalization of users. By law foreign citizens who are HIV-positive may be deported. The law, however, bars the deportation of HIV-positive foreigners who have a Russian national or permanent resident spouse, child, or parents. Economic migrants concealed their HIV status and avoided treatment due to fear of deportation. Younger women with HIV or AIDS, in particular, faced multiple barriers to accessing treatment because of stigma, discrimination, harmful gender stereotypes, gender-based violence, and difficulty accessing critical sexual and reproductive health care.
Children with HIV faced discrimination in education. NGOs noted that many younger children with HIV faced resistance by other parents when trying to enroll in schools.
The Ministry of Justice continued to designate HIV-related NGOs as foreign agents, effectively reducing the number of organizations that could serve the community (see section 2.b., Freedom of Association).
During the year there were reports state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya (see section 1.b.).
There were reports that government agents attacked, harassed, and threatened LGBTQI+ activists. For example, Meduza reported that Dagestani police forcibly returned Khalimat Taramova, a 22-year-old woman and victim of domestic violence, to Chechnya after she escaped to a women’s shelter in Makhachkala following threats by her family and local police due to her sexual orientation. In a statement on June 12, Chechen minister Akhmed Dudayev praised law enforcement for having “foiled an attempted kidnapping” by “instigators.” On the same day, the Russian LGBT Network said it would file a complaint with the ECHR about Taramova’s abduction and expressed concern that her sexual orientation placed her at risk of further abuse in Chechnya.
LGBTQI+ persons were targets of societal violence, and police often failed to respond adequately to such incidents. For example, in March an LGBTQI+ activist from Murmansk, Valentina Likhoshva, reported to police that she had received threats after receiving an international award recognizing her contributions to social justice and human rights in the Barents region. Media outlets reported that police subsequently refused to investigate her claims, commenting that because the threats came by email, their validity could not be determined.
During the year authorities acted on a limited basis to investigate and punish those complicit in societal violence and abuses by the state. For example, on January 12, a court in Yekaterinburg sentenced Pavel Zuyev to five years in prison on robbery charges after he beat and robbed two gay men in September 2020. The court determined that Zuyev assaulted the men due to their sexual orientation and ordered him to compensate them financially for emotional damages.
In 2020 the Russian LGBT Network released a report that showed 12 percent of LGBTQI+ respondents in a survey had experienced physical violence, 4 percent had experienced sexual violence, and 56 percent had experienced psychological abuse during their lifetime. The report noted that LGBTQI+ persons faced discrimination in their place of study or work, when receiving medical services, and when searching for housing. The report also noted that transgender persons were uniquely vulnerable to discrimination and violence. The Russian LGBT Network claimed that law enforcement authorities did not always protect the rights of LGBTQI+ individuals and were sometimes the source of violence themselves. As a result, LGBTQI+ individuals had extremely low levels of trust in courts and police.
A homophobic campaign continued in state-controlled media in which officials, journalists, and others derided LGBTQI+ persons as “perverts,” “sodomites,” and “abnormal,” and conflated homosexuality with pedophilia.
There were reports police conducted involuntary physical exams of transgender or intersex persons. In April a St. Petersburg court ordered a transgender man, Innokentiy Alimov, to undergo a gynecological examination to determine his gender, on the basis of which he was transferred to a women’s detention center. Alimov was sentenced to four and one-half years in prison in a drug trafficking case and spent at least two months in a “punishment cell,” which prison authorities argued was a safer place than among the general population.
The Association of Russian-speaking Intersex reported that medical specialists often pressured intersex persons (or their parents if they were underage) into having so-called normalization surgery without providing accurate information about the procedure or what being intersex meant.
The law criminalizes the distribution of “propaganda” of “nontraditional sexual relations” to minors and effectively limits the rights of free expression and assembly for citizens who wish to advocate publicly for LGBTQI+ rights or express the opinion that homosexuality is normal. Examples of what the government considered LGBTQI+ propaganda included materials that “directly or indirectly approve of persons who are in nontraditional sexual relationships” (see section 2.a.). Authorities charged feminist and LGBTQI+ rights defender Yuliya Tsvetkova with the criminal offense of disseminating pornography online after she shared images depicting female bodies on her social media accounts. Tsvetkova’s trial began on April 12 and continued as of December.
The law does not prohibit discrimination by state or nonstate actors against LGBTQI+ persons with respect to essential goods and services such as housing, employment, or access to government services such as health care.
LGBTQI+ persons reported significant societal stigma and discrimination, which some attributed to official promotion of intolerance and homophobia. In July a large health-food retail chain, VkusVill, ran and later apologized for an ad featuring a gay couple shopping in the store, which was part of a campaign featuring shoppers who visit the chain. Media outlets reported that the initial reaction to the ad was generally positive. As responses became increasingly critical, however, the chain was accused of promoting homosexuality. Its leadership removed the ad and apologized for “hurting the feelings of a large number of buyers, employees, partners and suppliers.”
High levels of employment discrimination against LGBTQI+ persons reportedly persisted. Activists asserted that the majority of LGBTQI+ persons hid their sexual orientation or gender identity due to fear of losing their jobs or homes, as well as the risk of violence. LGBTQI+ students also reported discrimination at schools and universities.
Medical practitioners reportedly continued to limit or deny LGBTQI+ persons health services due to intolerance and prejudice. The Russian LGBT Network’s report indicated that, upon disclosing their sexual orientation or gender identity, LGBTQI+ individuals often encountered strong negative reactions and the presumption they were mentally ill. According to a poll conducted in July by the government-controlled Russian Public Opinion Research Center, 23 percent of respondents considered members of the LGBTQI+ community to be “sick people who need help,” an opinion mainly held by men and persons older than age 60.
Transgender persons faced difficulty updating their names and gender markers on government documents to reflect their gender identity because the government had not established standard procedures, and many civil registry offices denied their requests. When documents failed to reflect their gender identity, transgender persons often faced harassment by law enforcement officers and discrimination in accessing health care, education, housing, transportation, and employment.
There were reports LGBTQI+ persons also faced discrimination in parental rights. The Russian LGBT Network reported LGBTQI+ parents often feared that the country’s prohibition on the “propaganda of nontraditional sexual orientation” to minors would be used to remove custody of their children. On February 15, the ECHR inquired with Russian authorities on behalf of a transgender man who lost guardianship of his two foster children when authorities in Yekaterinburg learned that he had begun to change his gender. The man was granted asylum in Spain.
The lack of an internal passport often prevented homeless citizens from fully securing their legal rights and social services. Homeless persons faced barriers to obtaining legal documentation as well as medical insurance, without which clinics refused to treat them.
Section 1. Respect for the Integrity of the Person
There were public reports or credible allegations the government or its agents committed arbitrary or unlawful killings.
Human Rights Watch (HRW) reported in January that Buddhist monk Tenzin Nyima died in late December 2020 or early January after suffering severe beatings over the course of many months. Sources told HRW that the beatings and other mistreatment left Tenzin in a coma, severely malnourished, and likely paralyzed when he died. Phayul.com reported in May that Norsang (no last name), held incommunicado after his 2019 detention for refusing to participate in People’s Republic of China (PRC)-led political re-education training, was allegedly tortured to death. According to the report, Norsang died in 2019 while in the custody of local security officials, who did not reveal his death until May.
There were no credible reports of disappearances, although the whereabouts of many persons detained by security officials was unknown (see information on incommunicado detention in section 1.c., below).
Gen Sonam, a senior manager of the Potala Palace, was reportedly detained in 2019, and his whereabouts remained unknown.
The whereabouts of the 11th Panchen Lama, Gedhun Choekyi Nyima, the second most prominent figure after the Dalai Lama in Tibetan Buddhism’s Gelug school, remained unknown. Neither he nor his parents have been seen since they were disappeared, allegedly by or on behalf of PRC authorities in 1995, when he was six years old.
According to sources, police and prison authorities employed torture and cruel, inhuman, or degrading treatment or punishment in dealing with some detainees and prisoners. There were reports that PRC officials severely beat some Tibetans who were incarcerated or otherwise in custody. In February the Tibet Sun reported Kunchok Jinpa, a political prisoner serving a 21-year sentence, died in a hospital shortly after his release from prison. According to the report, Kunchok died from a severe brain hemorrhage resulting from beatings he endured in prison.
Reports from released prisoners indicated some were permanently disabled or in extremely poor health because of the harsh treatment they endured in prison. Former prisoners also reported being isolated in small cells for months at a time and deprived of sleep, sunlight, and adequate food. Radio Free Asia (RFA) reported in March that Gangbu Rikgye Nyima, serving a 10-year sentence for participation in protests, was released in February, a year early. According to RFA, the release came about because Gangbu’s health had deteriorated badly due to beatings and torture in prison.
RFA reported in September that Tibetan monk Thabgey Gyatso was released after serving 12 years of his 15-year sentence. Sources told RFA that “due to harsh treatment in the prison, his vision and overall health have become very weak.”
Impunity for violations of human rights was pervasive. There were no reports that officials investigated or punished those responsible for unlawful killings and other abuses in previous years.
Arbitrary arrest and detention remained serious problems. Legal safeguards for detained or imprisoned Tibetans were inadequate in both design and implementation.
There is no judicial independence from the Chinese Communist Party (CCP) or the PRC government in law or practice. In August for example, the TAR Higher People’s Court announced the hiring of six court clerks. Among the job requirements was successful passage of a “political background check” by candidates and all their family members. In cases that authorities claimed involved “endangering state security” or “separatism,” trials often were cursory and closed.
In July HRW issued a report detailing the September 2020 denial of a fair trial to four Tibetan monks from the Tengro Monastery in Tingri County, TAR. The report indicated that the four were arrested for having foreign contacts. Their access to lawyers and to the evidence used against them was restricted and no details of their trial were made public.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
Authorities electronically and manually monitored private correspondence and searched, without warrant, private homes and businesses for photographs of the Dalai Lama and other forbidden items. Police routinely examined the cell phones of TAR residents in random stops or as part of other investigations to search for “reactionary music” from India or photographs of the Dalai Lama. Authorities also questioned and detained some individuals who disseminated writings and photographs over the internet or listened to teachings of the Dalai Lama on their cell phones. Authorities continued to employ pervasive surveillance systems, including the use of facial recognition and smart identity cards.
The “grid system,” an informant system also known as the “double-linked household system,” facilitated authorities’ efforts to identify and control persons considered “extremist” or “splittist.” The grid system groups households and other establishments and encourages them to report problems to the government, including financial problems and political transgressions, in other group households. Tibet.net reported in March that TAR authorities issued new regulations designed to encourage Tibetans to spy on each other. The article noted that the PRC often tests the loyalty of Tibetans by having them report on each other. Authorities rewarded individuals with money and other forms of compensation for their reporting. The maximum reward for information leading to the arrests of social media users deemed disloyal to the government increased to 300,000 renminbi ($42,800), six times the average per capita GDP in the TAR, according to local media.
According to sources in the TAR, Tibetans frequently received telephone calls from security officials ordering them to remove from their cell phones photographs, articles, and information on international contacts the government deemed sensitive. Security officials visited the residences of those who did not comply with such orders. Media reports indicated that in some areas, households were required to have photographs of PRC President Xi Jinping in prominent positions and were subject to inspections and fines for noncompliance. In a May case, media reported local officials sentenced a Tibetan herder from Qinghai Province for having “Tibet-related” material on his mobile phone.
The TAR regional government punished CCP members who followed the Dalai Lama, secretly harbored religious beliefs, made pilgrimages to India, or sent their children to study with Tibetans in exile.
Individuals in Tibetan areas reported they were subjected to government harassment and investigation because of family members living overseas. Observers also reported that many Tibetans traveling to visit family overseas were required to spend several weeks in political education classes after returning to China. Pharul.com reported in August that in April PRC authorities ordered Tibetans in Shigatse Prefecture, Dingri County, TAR to provide a list of their relatives living overseas. The demand followed similar efforts elsewhere in the TAR. Failure to do so would result in these individuals losing PRC-provided benefits.
The government also interfered with the ability of persons to find employment. Media reports in May noted that advertisements for 286 positions of different types in the TAR required applicants to “align ideologically, politically, and in action with the CCP Central Committee,” “oppose any splittist tendencies,” and “expose and criticize the Dalai Lama.” The advertisements explained that all applicants were subject to a political review prior to employment.
Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: See section 6, Women, in the Country Reports on Human Rights Practices for 2021 for China.
Sexual Harassment: See section 6, Women, in the Country Reports on Human Rights Practices for 2021 for China.
Reproductive Rights: See section 6, Women, in the Country Reports on Human Rights Practices for 2021 for China.
Discrimination: See section 6, Women, in the Country Reports on Human Rights Practices for 2021 for China.
Although observers believe that ethnic Tibetans made up the great majority of the TAR’s permanent, registered population – especially in rural areas – there were no accurate data reflecting the large number of long-, medium-, and short-term Han Chinese migrants, such as officials, skilled and unskilled laborers, military and paramilitary troops, and their dependents, in the region.
Observers continued to express concern that major development projects and other central government policies disproportionately benefited non-Tibetans and contributed to the considerable influx of Han Chinese into the TAR and other Tibetan areas. Large state-owned enterprises based outside the TAR engineered or built many major infrastructure projects across the Tibetan plateau; Han Chinese professionals and low-wage temporary migrant workers from other provinces, rather than local residents, generally managed and staffed the projects.
Economic and social exclusion was a major source of discontent among a varied cross section of Tibetans.
Government propaganda against alleged Tibetan “proindependence forces” contributed to Chinese social discrimination against ordinary Tibetans. Many Tibetan monks and nuns chose to wear nonreligious clothing to avoid harassment when traveling outside their monasteries. Some Tibetans reported that taxi drivers outside Tibetan areas refused to stop for them, hotels refused to provide lodging, and Han Chinese landlords refused to rent to them.
There were reports in prior years that some employers specifically barred Tibetans and other minority-group members from applying for job openings. There were, however, no media reports of this type of discrimination.
Birth Registration: See section 6, Children, in the Country Reports on Human Rights Practices for 2021 for China.
Education: The PRC’s nationwide “centralized education” policy was in place in most rural areas. To ensure its success, the policy forced the closure of many village schools, even at the elementary level; and of monastic schools or other Tibetan-run schools. Students from closed schools were transferred to boarding schools in towns and cities. There were multiple reports of parents reluctant to send their children away from home being intimidated and threatened.
The Tibet Action Institute issued a report in December that detailed the significant changes in PRC Sinicization policies in the TAR and other Tibetan-inhabited areas made to the education of Tibetan children. The report cited PRC statistics that showed approximately 800,000 Tibetan children (nearly 78 percent of Tibetan students ages 6 to 18) attending state-run boarding schools. An unknown but increasing number of 4- and 5-year-old children were also enrolled in boarding schools. Ethnic Chinese children, even in rural areas, attend boarding schools at far lower rates.
The report contends that these boarding schools and other PRC Sinicization efforts are “part of a deliberate effort by the state to eliminate the core of Tibetan identity and replace it with a hollowed-out version compatible with the Party’s aims.” Among the features that promote this outcome: instruction is almost entirely in Mandarin Chinese; there is no provision for religious or cultural activities; and the highly politicized curriculum emphasizes Chinese identity. These and other aspects of education policy led many Tibetan parents to express deep concern about growing “ideological and political education” that was critical of the “old Tibet,” and taught Tibetan children to improve their “Chinese identity” beginning at the preschool level.
Media reports also highlighted discrimination within government boarding-school programs. Tibetans attending government-run boarding schools in eastern China reported studying and living in ethnically segregated classrooms and dormitories justified as necessary security measures, although the government claimed cultural integration was one purpose of these programs.
Authorities enforced regulations limiting traditional monastic education to monks older than 18. Instruction in Tibetan, while provided for by PRC law, was often inadequate or unavailable at schools in Tibetan areas. FreeTibet.net reported in November that Qinghai authorities expelled 80 monks from their monasteries. The report indicated that PRC authorities claimed the monks were younger than 18.
Child, Early, and Forced Marriage: See section 6, Children, in the Country Reports on Human Rights Practices for 2021 for China.
Sexual Exploitation of Children: See section 6, Children, in the Country Reports on Human Rights Practices for 2021 for China.
International Child Abductions: See section 6, Children, in the Country Reports on Human Rights Practices for 2021 for China.
See section 6, Anti-Semitism, in the Country Reports on Human Rights Practices for 2021 for China.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report.
See section 6, Persons with Disabilities, in the Country Reports on Human Rights Practices for 2021 for China.
See section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity, in the Country Reports on Human Rights Practices for 2021 for China.