Effect given to the recommendations of the committee and the Governing Body - Report No 392, October 2020

Effect given to the recommendations of the committee and the Governing Body

1. 64. The Committee last examined this case, which was submitted in May 2007 and which concerns allegations of continued repression of teacher unionists, at its March 2019 meeting [see 388th Report, paras 46–61]. On that occasion, the Committee noted that although several trade unionists previously arrested, detained and prosecuted under various charges had been freed – Mr Bodaghi Lorestani, Mr Baghani, Mr Ghanbari Chamazakti, Mr Niknejad and Mr Bohlouli – the ban on any social or political activity was likely to obstruct their free exercise of trade union rights. It therefore requested the Government once again to transmit copies of the judgments issued in respect of these unionists and to ensure that they may fully exercise their trade union rights in accordance with the principles of freedom of association. The Committee also urged the Government once again to bring its conclusions to the attention of the judicial authorities with a view to ensuring that trade unionists are not arbitrarily condemned under vague charges for the peaceful exercise of trade union activities and to take all the measures in its power for the immediate release of those so detained, including Mr Abdi and Mr Beheshti Langroudi. Having regard to the Government’s reference to hunger strikes by detained unionists, the Committee also urged the Government to investigate claims made by these prisoners and take measures to ensure that judicial and prison authorities respect the rights of imprisoned trade unionists. Finally, in the absence of any information on its previous recommendations concerning the confiscation of trade unionists’ travel documents and property during raids on their residences and the violent dispersal of protests, the Committee again requested the Government to take the recommended measures and keep it informed of the developments.
2. 65. In its communication dated 6 May 2019, the Government reiterates the country’s compliance with the principles of freedom of association and social dialogue and recalls that, with regard to the present case, consultations and communications with the competent legal and judicial authorities have been conducted, that the results of these efforts were promising and that the efforts will continue until all the cases are definitely resolved. The Government also reiterates that during the recent years it has taken effective and positive actions to improve the welfare of teachers, who have welcomed these measures.
3. 66. With regard to the case of Mr Mahmoud Beheshti Langroudi, the Government indicates that while he has two five-year imprisonment punishments pending against him, pursuant to section 134 of the Islamic Penal Code, only one prison sentence will be enforced. Mr Beheshti Langroudi is currently completing his term in prison, which started on 29 September 2015 and will end on 2 November 2021. Therefore, the previously mentioned continuation of his imprisonment until 2025 is irrelevant. The Government also reiterates that Mr Beheshti Langroudi has been given facilities for in-person and in-cabin visits with his family members, has access to medical services of the prison’s clinic, as well as out-of-prison hospitals and medical centres, and can directly and freely call his family and the outside world. The Government adds that the Committee’s reference to “apparent arbitrary repetition of charges of assembly and collusion against national security merely for overstaying the leave of absence” is false, since absence from prison is subject to relevant disciplinary regulations and linking this issue to national security is irrelevant.
4. 67. Concerning the case of Mr Esmaeil Abdi, the Government reiterates information provided previously, indicating that he had been convicted on charges of assembly and collusion with the intent to commit crime against national security and propaganda against the State and that the conviction started on 9 November 2016 and will terminate on 22 December 2020. It also affirms that Mr Abdi benefits from in-person and in-cabin visits with family members, has access to both the prison clinic and other medical centres and has free access to the telephone.
5. 68. With regard to Mr Abdolreza Ghanbari Chamazakti, the Government indicates that the case was once subject to rehearing and the sentence was reduced from death penalty to ten years of imprisonment. Therefore, a new court proceeding is irrelevant in this case and Mr Ghanbari Chamazakti has been free since March 2016.
6. 69. The Government also indicates that: Mr Mohammad Reza Niknejad is currently free and out of prison; Mr Mehdi Bohlouli was released from prison in September 2015; and Mr Peyman Nodinian, was sentenced to four months of discretionary punishment in prison on charges of propaganda against the State and in favour of hostile groups, but given his criminal record clearance certificate, the enforcement of the punishment has been suspended for two years and he is currently free. The Government also reiterates that Mr Rasoul Bodaghi Lorestani was released from prison in April 2016 under a pardon of the Supreme Leader and Mr Ali Akbar Baghani completed his prison term in March 2016 and now lives in the capital.
7. 70. The Government informs that, according to the report of the Judiciary Human Rights Centre, when legally addressing the above cases, maximum forbearance possible is being applied, and in some cases, even after judicial rulings are finalized, efforts continue for remission or mitigation of punishment and pardon. As a result, excepting two persons who are completing the final stages of their sentence, most individuals are now free and live out of prison. The Government also indicates that the discernment of criminal instances is within the competence of the investigating court and therefore considers as irrelevant and strongly denies any reference by the Committee to “systematic use of sections 500 and 610 of the Islamic Penal Code to punish trade unionists for engaging in legitimate trade union activities”. It states that punishment is applied to individuals who commit illegal actions, while legitimate and peaceful union activities are by no means a reason for arrest and punishment, since both the right to establish associations and trade unions and the right to legal union protest have been recognized in the legislation and in the national development plans for strengthening workers’ and employers’ organizations. A procedure on managing and organizing trade union protests has also been adopted and any gathering is subject to obtaining prior permit from the concerned institutions. Every year, tens of trade gatherings and protests are organized at workplaces and public sites and are not considered an illegal action.
8. 71. Finally, the Government asserts that it understands the conditions and problems of workers and makes tireless effort to settle these problems, including through serious support of workers’ rights and freedoms of organizations and associations that peacefully pursue their union claims within the framework of national laws and regulations. It requests the Committee to take into account these efforts, as well as those of the judiciary, to settle the workers’ problems and to remove the names of those workers who are now free as a result of pardon, suspension or termination of sentence from this case.
9. 72. The Committee takes due note of the updated information submitted by the Government on the status of the members of teachers’ unions who had been arrested, detained and prosecuted under various charges, mainly in relation to participation in public demonstrations, as well as on its efforts to mitigate the punishments imposed even after judicial rulings are finalized. The Committee notes in particular that both Mr Mohammad Reza Niknejad and Mr Mehdi Bohlouli are currently free and out of prison, that the sentence against Mr Abdolreza Ghanbari Chamazakti was reduced from death sentence to ten years of imprisonment and he has been free since March 2016; and that Mr Peyman Nodinian was convicted on accusations of propaganda against the State and in favour of hostile groups but the prison sentence of four months has been temporarily suspended and the accused is currently free. The Committee also notes that the Government reiterates information provided previously with regard to Mr Rasoul Bodaghi Lorestani and Mr Ali Akbar Baghani, both of which are currently free and out of prison. While observing that at the time of the Government’s communication, the above trade unionists were free, the Committee recalls that it had noted in its previous examination of the case that a temporary ban on any social or political activity had been imposed on some of them and was likely to obstruct their free exercise of trade union rights. The Committee firmly trusts that the ban has since been lifted and that the Government will take all necessary measures to ensure that the unionists may fully exercise their trade union rights in accordance with the principles of freedom of association.
10. 73. With regard to the two cases where trade unionists continue to be imprisoned, the Committee notes that, once again, the Government does not provide any indication as to the specific actions that have given rise to the charges and sentences against Mr Esmaeil Abdi but simply states that his prison term will end in December 2020. It also notes that out of the two five year sentences pending against Mr Mahmoud Beheshti Langroudi, only one prison sentence will be enforced and will end in November 2021 and that, according to the Government, the conviction for overstaying the leave of absence was subject to the relevant disciplinary regulations and was not linked to issues of national security. The Committee observes that, once again, the information provided by the Government and the absence of copies of the relevant court decisions, do not allow it to clearly conclude that the charges and convictions of the two trade unionists were unrelated to their exercise of legitimate trade union activities. While further observing that the Government strongly refutes the systematic use of the Islamic Penal Code to punish trade unionists for engaging in legitimate trade union activities and asserts that legitimate and peaceful union activities are not a reason for arrest and punishment, the Committee wishes to recall that frequent and arbitrary condemnation of trade unionists to long prison sentences under general charges of acting against national security and propaganda against the State has an adverse effect on the free exercise of trade union rights and may allow for repression of trade union activities. In these circumstances, the Committee once again urges the Government to bring its conclusions to the attention of the judicial authorities with a view to ensuring that, in the future, trade unionists are not arbitrarily condemned under vague charges for the peaceful exercise of trade union activities, to take all the measures in its power for the immediate release of those so detained, including Mr. Esmaeil Abdi and Mr. Mahmoud Beheshti Langroudi, and to keep it informed of any developments in this regard.
11. 74. The Committee further recalls that in its previous examination of the case, following the Government’s references to hunger strikes by detained unionists, it urged the Government to investigate the claims made by the prisoners and to take any measures in its power to ensure that the judicial and prison authorities respect the rights of imprisoned trade unionists. In the absence of any information on this matter and recalling that the Committee has considered that detained trade unionists, like all other persons, should enjoy the guarantees enunciated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights according to which all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 110], the Committee reiterates its previous request and expects the Government to ensure that, in the future, all allegations of violations of detained unionists’ rights will be promptly and efficiently investigated.
12. 75. The Committee regrets once again the absence of information with regard to its recommendations concerning the confiscation of trade unionists’ travel documents, the confiscation of their property during the raids on their residences and the violent dispersal of protests [see 380th Report, October 2016, paras 49–51]. Given the seriousness of these allegations and the negative effect such actions can have on the functioning of trade unions and the exercise of legitimate trade union activities, the Committee once again requests the Government to take the recommended measures and to keep it informed of any developments in this regard.