Home | English | Publications | Reports | Silencing the Women's Rights Movement in Iran

Silencing the Women's Rights Movement in Iran

Fatemeh Masjedi and Maryam Bidgoli, spent twelve days in custody of the Qom Intelligence Ministry, without access to a lawyer." 311

Moreover, the regime arrested and detained defense lawyers in a deliberate effort to discourage and hamper detainees from obtaining adequate representation. Sadr, a prominent human rights defense lawyer, was arrested in July 2009, and Forough Mirzaei and Maryam Ghanbari were arrested making it impossible for them to defend their clients.312 Shirin Ebadi was threatened with prison if she returned to the country.313 The authorities recently arrested family members of lawyer Mohammed Mostafaei when they were unable to locate him.314

4.3 Mistreatment and Torture in Detention

Under the Iranian Constitution, authorities are forbidden from degrading a detainee in any fashion during arrest, detention, imprisonment or banishment.315 The Citizen's Rights Law provides that, "[d]uring arrest and interrogation or asking for information or research, harassing the individuals like blindfolding, tying other body parts, belittling or denigrating them must be avoided."" 316 Iranian law also recognizes the right to adequate medical care provided by the government," 317 and provides that detainees may not be held in solitary confinement for prolonged periods of time. Solitary confinement is limited to a maximum of 20 days.318

Torture, particularly for the purpose of coercing confessions, is prohibited under Iranian law. Article 38 of the Constitution provides that "[a]ll forms of torture for the purpose of extracting confession[s] or acquiring information" are prohibited, as is "compulsion of individuals to testify, confess, or take an oath."319 Under Article 578 of the Islamic Penal Code, an official who inflicts corporal harm and torment on an individual in custody is subject to qisas (retribution) or the payment of blood money and a prison term ranging from six months to three years. In addition, the Article shifts responsibility for the harm to superior officers who order it.320

Torture and inhuman treatment are also prohibited under international law." 321 Article 7 of the ICCPR provides that "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."322

[311] See supra note 112 and accompanying text.
[312] See supra notes 196-97 and accompanying text.
[313] Shirin Ebadi Nobel Peace Prize medal 'seized by Iran ', BBC, November 27, 2009, available at http://news.bbc.co.uk/2/hi/middle_east/8382008.stm.
[314] See supra notes 198-99 and accompanying text.
[315] Iranian Const., supra note 268, art. 39.
[316] Citizen Rights Law, supra note 288, art. 6.
[317] A'yin Namihyyih Ijra'iyih Sazman-i Zindanha va Iqdamat-i Ta'mini va Tarbiyatiyih Kishvar [Executive Procedure for the State Prisons and Security and Corrective Measures Organization] 1384 [adopted 1985, amended 2005], art. 110-19 (Iran), available at http://www.prisons.ir/index.php?Module=SMMPageMaster&SMMOp=View&PageId=27 [hereinafter SPO Law].
[318] Id. arts. 175(4)
[319] Iranian Const., supra note 268, art. 38.
[320] Iran Penal Code, supra note 83, art. 578.
[321] Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UN Doc. A/39/51 (1984); 1465 UNTS 85, available at http://iranhrdc.org/httpdocs/English/aadel.htm [hereinafter Convention Against Torture]. See, e.g., UDHR; Body of Principles for the Protection of All Persons under Any Form of Detention or Im­prisonment, GA res. 43/173, Principles 6, 33, A/ RES/43/173 (1988), available at http://www.unhcr.org/refworld/docid/3b00f219c.html; United Nations, Standard Minimum Rules for the Treatment of Prisoners, art. 44(3), 30 August 1955, available at: http://www.unhcr.org/refworld/docid/3ae6b36e8.html [accessed 20 July 2010]. Standard Minimum Rules for the Treatment of Prisoners, art. 44(3), 30 August 1955; approved by the Economic and Social Council, resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977 [hereinafter Standard Minimum Rules].
[322] The Convention Against Torture codifies the prohibition. It defines torture as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person" for certain enumerated reasons. Art. (1)(1) states, "For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions." Convention Against Torture supra note 321, art 1.

« 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 »
  • Email to a friend Email to a friend
  • Print version Print version
  • Plain text Plain text

Tagged as:

Sexual Violence, Gender Rights, Death Penalty, Political Killings, Executions, Torture, Inhuman and Degrading Treatment, Punishment, Personal Liberty, Arbitrary Detention, Travel Restrictions, Due Process, Right to an Attorney, Illegal Search and Seizure, Free Speech, Right to Protest, Protests, Free Association, Child Rights, Political Freedom, Equality Before the Law, Discrimination