Interim Report - Report No 368, June 2013

1. 567. The Committee has already examined the substance of this case on six occasions, most recently at its June 2012 meeting, when it presented an interim report to the Governing Body [364th Report, paras 575–593, approved by the Governing Body at its 315th Session (June 2012)].
2. 568. The International Trade Union Confederation (ITUC) submitted additional information in a communication dated 20 April 2012.
3. 569. The Government sent its observations in a communication dated 30 May 2012.
4. 570. The Islamic Republic of Iran has not ratified either the Freedom of Association and the Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 571. At its June 2012 meeting, the Committee made the following recommendations [see 364th Report, para. 593]:
   • (a) With respect to Mr Mansour Osanloo, President of the SVATH, the Committee welcomes the Government’s indication that he was unconditionally released in June 2011 and that at present, he is completely free and no limitation, whatsoever, either legally or socially has been imposed on him. The Committee however deeply regrets that Mr Osanloo spent more than five years in prison, despite its regular call for his release.
   • (b) The Committee welcomes the information that Mr Madadi was released from prison on 19 April 2012. The Committee however deeply deplores the fact that he will have served much more than the two year prison term for which he was initially sentenced by the Revolutionary Court in October 2007, this in spite of the Committee’s systematic recommendation for his release. The Committee expects that Mr Madadi will have his rights restored and that he will be compensated for the damage suffered. Furthermore, the Committee deeply regrets that the Government has once again failed to provide any indications concerning the allegations of ill-treatment to which Mr Madadi had been subjected while in detention, and once again urges the Government to institute without delay an independent investigation into this serious matter and to keep it informed in this regard.
   • (c) Noting the Government’s indication that, together with its social partners, it has collectively negotiated amendments of the Labour Law and that it strongly hopes that the newly drafted Labour Law that is expected to be approved by the Parliament also addresses the core concerns of the Committee on Freedom of Association, the Committee requests the Government to specify which social partners were consulted on the draft amendments and to provide a copy of the newly drafted Labour Bill. It once again urges the Government to indicate any progress made in adopting amendments to the Labour Law so as to allow for trade union pluralism and expects the Government to give this matter the highest priority and to ensure the de facto recognition of the SVATH without further delay pending the introduction of the legislative reforms.
   • (d) The Committee requests the Government to provide a copy of the Code of Practice on the Administration of Labour Demonstrations and Assemblies.
   • (e) While noting that the Government has once again failed to provide specific information with regard to the following recommendations, the Committee further recalls them, as summarized below, and urges the Government to provide full information on their implementation:
     • – The Committee requests the Government to transmit a detailed report of the findings of the SGIO and the Headquarters for the Protection of Human Rights into the allegations of workplace harassment during the period of the union’s founding, from March to June 2005, as soon as they are produced. It once again requests the Government, in the light of the information revealed by these investigations, to take the necessary measures to ensure that all employees at the company are effectively protected against any form of discrimination related to their trade union membership or their trade union activities.
     • – The Committee once again requests the Government to immediately institute a full and independent judicial inquiry into the attacks on union meetings in May and June 2005, in order to clarify the facts, determine responsibilities, prosecute and punish those responsible and thus prevent the repetition of such acts. The Committee requests the Government to keep it informed of developments in this regard, as well as to provide a copy of the court’s judgment in the action initiated by the union concerning these attacks once it is handed down.
   • (f) The Committee once again takes due note of the Government’s indication of its requests for technical assistance and training and expects that the Government will not place any restrictions on missions aimed at improving respect for the fundamental principles of freedom of association and that they will be able to meet with all parties concerned in the cases against the Government of the Islamic Republic of Iran, including with those who continue to be detained contrary to the Committee’s repeated recommendations.
   • (g) The Committee, noting the Government’s indication that the protection of the rights of workers in their entirety including their right to organize and collective bargaining remains an uncompromising priority, but nevertheless observing that five years have elapsed since its first examination of this case, and noting furthermore the seriousness of the matters contained therein – in particular the yet unresolved grave violations of civil liberties against numerous trade unions leaders and members – once again calls the Governing Body’s special attention to the extremely grave situation relating to the trade union climate in the Islamic Republic of Iran.

B. Additional information from the complainants

1. 572. In its communication dated 20 April 2012, the ITUC indicates that, on 14 April 2012, Mr Reza Shahabi, Treasurer of the Syndicate of Workers of Tehran and Suburbs Bus Company, was sentenced to six years imprisonment for allegedly committing the crimes of “propaganda against the regime” and “conspiracy against the national security”; he has also been banned from engaging in trade union activity for five years and was assessed a 70 million Iranian rials (IRR) fine; he remains in prison pending the decision whether to appeal the sentence. The ITUC considers that this case is yet another example where the legal system has been perverted by the Government in order to harass and incarcerate independent trade unionists who have fought to defend human and trade union rights in the Islamic Republic of Iran. The ITUC also expresses its deep concern about Mr Shahabi’s health, who allegedly sustained a harsh beating at the hands of the authorities following his arrest in June 2010. The ITUC indicates that he has been denied needed medical care.

C. The Government’s reply

1. 573. In its communication dated 30 May 2012, the Government confirms Mr Ebrahim Madadi’s release from prison. The Government indicates that it would do whatever is possible to ensure that he would be compensated for the damages, if he is found legally and legitimately liable to collect them. The Government adds that Mr Madadi would also be entitled to seek a variety of existing legal and judicial means and channels to sue any allegations of ill-treatment supposedly inflicted upon him during interrogations and detentions, but that no such file has yet been registered with the public court of law.
2. 574. As regards the situation of Mr Shahabi, the Government indicates that it genuinely continues its constructive attempts to seek his parole and pardon through legal channels. The Government recalls that, when meeting with the Director of the International Labour Standards Department of the ILO, on 17 April 2012, the Minister of Cooperatives, Labour and Social Welfare had reaffirmed the Government’s inclination for the immediate freedom of Mr Shahabi; he had instructed his Deputy for International Affairs to closely follow this case. In relation to the accusation of maltreatment of Mr Shahabi, the Government states that any alleged mistreatment of suspects and arrested people, irrespective of the charges against them, shall be subject to appropriate legal prosecuting and that perpetrators thereof would be sued and duly punished if found guilty of the attributed maltreatments and neglects charges; in this respect, Mr Shahabi has the power to exercise his constitutional and legal rights toward reclamation of his rights, if he so decides.
3. 575. In regard to the allegations of negligence and carelessness in addressing the immediate medical needs of Mr Reza Shahabi during his prison term, the Government indicates that the Department of Prisons, Correctional and Rehabilitation Services is responsible for the safety, security and health of prisoners, and that different articles of the Executive Standing Order of the said department legally requires it to constantly supervise the public and individual situation of the prison inmates and address their needs immediately. Paragraph 1 of Article 44 of the Standing Order requires the prison ombudsperson to closely monitor any infringement of the legitimate rights of the prisoners. The Government states that, realizing the importance of providing a detailed account of Mr Shahabi’s medical treatment, it will undertake to provide the Committee with a detailed report on his medical treatment. The Government indicates that he has already been in hospital for bone spurs’ treatment.
4. 576. Finally, the Government recalls that the Minister had reiterated the determination and commitment of the Government for the promotion of the principles of the freedom of association and the multiplicity of the workers’ and employers’ organizations in light of the newly amended labour law bilaterally formulated by the social partners.

D. The Committee’s conclusions

1. 577. The Committee recalls that this case, initially filed in July 2006, concerns acts of repression against the local trade union at the bus company, including: harassment of trade unionists and activists; violent attacks on the union’s founding meeting; the violent disbanding, on two occasions, of the union general assembly; arrest and detention of large numbers of trade union members and leaders under false pretences (disturbing public order, illegal trade union activities).
2. 578. With respect to Mr Ebrahim Madadi, Vice-President of the SVATH, who served much more than the two-year prison term for which he was initially sentenced by the Revolutionary Court in October 2007, the Committee takes note of the information provided by the Government indicating that it would do whatever is possible to ensure that he would be compensated for the damages if he is found legally and legitimately liable to collect them. As regards the allegations of ill-treatment to which he has been subjected while in detention, while taking note of the information provided by the Government indicating that Mr Madadi would be entitled to seek a variety of existing legal and judicial means and channels to sue any such allegations, but that no such file has yet been registered with the public court of law, the Committee once again urges the Government to institute, without delay, an independent investigation into these serious allegations and, if they are found to be true, to compensate him accordingly.
3. 579. With respect to Mr Reza Shahabi, Treasurer of the Syndicate of Workers of Tehran and Suburbs Bus Company, the Committee notes that, in its communication dated 20 April 2012, the ITUC indicates that, on 14 April 2012, he was sentenced to six years imprisonment for allegedly committing the crimes of “propaganda against the regime” and “conspiracy against the national security”; he has also been banned from engaging in trade union activity for five years and was assessed a IRR70 million fine. The ITUC expresses its deep concern about Mr Shahabi’s health, who allegedly sustained a harsh beating at the hands of the authorities following his arrest in June 2010, and indicates that he has been denied needed medical care. The Committee notes that the Government indicates that it genuinely continues its constructive attempts to seek Mr Shahabi’s parole and pardon through legal channels. The Committee further notes the Government’s statement that Mr Shahabi has the power to exercise his constitutional and legal rights toward reclamation of his rights, if he so decides, in relation to the alleged mistreatment to which he has been subjected while in detention. In regard to the allegations of negligence and carelessness in addressing the immediate medical needs of Mr Reza Shahabi during his prison term, the Government indicates that it will undertake to provide the Committee with a detailed report on his medical treatment, while stating that he has already been in hospital for bone spurs’ treatment. The Committee understands that Mr Shahabi, who was temporarily released from prison in January 2013 to receive medical treatment, is currently back in prison. The Committee calls on the Government to secure his parole, pardon and immediate release from prison and the dropping of any remaining charges. The Committee firmly expects that Mr Shahabi will have his rights restored and that he will be compensated for the damage suffered. It requests the Government to carry out the necessary independent investigation into the serious allegations of ill-treatment to which he has been subjected while in detention, and, if they are found to be true, to compensate Mr Shahabi accordingly. The Committee requests the Government to keep it informed in this regard.
4. 580. With regard to the Committee’s previous request related to the newly drafted Labour Bill, the Committee notes that the Government recalls that the Minister had reiterated the determination and commitment of the Government for the promotion of the principles of the freedom of association and the multiplicity of the workers’ and employers’ organizations in light of the newly amended labour law bilaterally formulated by the social partners. The Committee once again requests the Government to specify the social partners which took part in this process and to clarify the actual status of the labour law. It urges the Government to provide a copy of this text.
5. 581. Noting that the Government does not provide any indication in relation to the de facto recognition of the SVATH, the Committee once again urges it to ensure such recognition, pending the implementation of the legislative reforms, and to transmit a detailed report of the findings of the SGIO and the Headquarters for the Protection of Human Rights into the allegations of workplace harassment during the period of the union’s founding, from March to June 2005. It once again requests the Government, in the light of the information revealed by these investigations, to take the necessary measures to ensure that all employees at the company are effectively protected against any form of discrimination related to their trade union membership or their trade union activities. The Committee requests the Government to keep it informed in this regard, as well as to provide a copy of the court’s judgment in the action initiated by the union concerning the attacks on union meetings in May and June 2005 once it is handed down.
6. 582. The Committee also once again requests the Government to provide a copy of the Code of Practice on the Administration of Labour Demonstrations and Assemblies.