Prisoners
Bahai prisoners on death
row for apostacy
Bahai prisoners on death row for religious activities
Additional information and links:
Map of Iran
2002 Country Reports on Human Rights Practices
March 31, 2003
The United States does not have an embassy in Iran. This report draws heavily on non-U.S. Government sources.
Freedom of Religion
The Government restricted freedom of religion. The Constitution declares that the "official religion of Iran is Islam and the sect followed is that of Ja'fari (Twelver) Shi'ism," and that this principle is "eternally immutable." Article 144 of the Constitution states that "the Army of the Islamic Republic of Iran must be an Islamic army," which is "committed to an Islamic ideology," and must "recruit into its service individuals who have faith in the objectives of the Islamic Revolution and are devoted to the cause of achieving its goals." However, members of religious minority communities sometimes served in the military. It also states that "other Islamic denominations are to be accorded full respect," and recognizes Zoroastrians, Christians, and Jews, the country's pre-Islamic religions, as the only "protected religious minorities." Religions not specifically protected under the Constitution did not enjoy freedom of religion. Members of the country's religious minorities, including Baha'is, Jews, Christians, and Sufi Muslims reported imprisonment, harassment, and intimidation based on their religious beliefs. This situation most directly affected the nearly 350,000 followers of the Baha'i Faith, who effectively had no legal rights either as individuals or as a community.
The central feature of the country's Islamic republican system was rule by a "religious jurisconsult." Its senior leadership, including the Supreme Leader of the Revolution, the President, the head of the Judiciary, and the Speaker of the Islamic Consultative Assembly (Parliament) was composed principally of Shi'a clergymen.
Religious activity was monitored closely by the Ministry of Intelligence and Security (MOIS). Adherents of recognized religious minorities were not required to register individually with the Government. However, their community, religious, and cultural organizations, as well as schools and public events, were monitored closely. Baha'is were not recognized by the Government as a legitimate religious community; they were considered heretics belonging to an outlawed political organization. Registration of Baha'is was a police function. Evangelical Christian groups were pressured by government authorities to compile and hand over membership lists for their congregations; however, evangelicals resisted this demand. Non-Muslim owners of grocery shops were required to indicate their religious affiliation on the fronts of their shops.
The population was approximately 99 percent Muslim, of which 89 percent were Shi'a and 10 percent Sunni (mostly Turkomans, Arabs, Baluchis, and Kurds living in the southwest, southeast, and northwest). Baha'i, Christian, Zoroastrian, and Jewish communities constituted less than 1 percent of the population. Sufi brotherhoods were popular, but there were no reliable statistics on their number. All religious minorities suffered varying degrees of officially sanctioned discrimination, particularly in the areas of employment, education, and housing.
The Government generally allowed recognized religious minorities to conduct religious education of their adherents, although it restricted this right considerably in some cases. Members of religious minorities were allowed to vote, but they could not run for President.
Recognized religious minorities were allowed by the Government to establish community centers and certain cultural, social, sports, or charitable associations that they financed themselves. This did not apply to the Baha'i community, which has been denied the right to assemble officially or to maintain administrative institutions since 1983. Since the Baha'i faith has no clergy, the denial of the right to form such institutions and elect officers threatened its very existence in the country. Broad restrictions on Baha'is appeared to be geared to destroying them as a community.
In September 2001, in conjunction with an appeal connected to the 1998 raids and property confiscations against the Baha'i community's higher education institution, the Ministry of Justice issued a report that reiterated that government policy continued to be implemented in such a manner as to eliminate the Baha'is as a community. The report stated in part that Baha'is could only be enrolled in schools provided they did not identify themselves as Baha'is, and that they preferably should be enrolled in schools with a strong Muslim religious ideology. The report also stated that all those identified as Baha'is must be expelled from universities, either in the admission process or during the course of their studies whenever their identity as Baha'is becomes known.
University applicants were required to pass an examination in Islamic theology. Although public school students received instruction in Islam, this requirement limited the access of most religious minorities to higher education. Applicants for public sector employment similarly were screened for their knowledge of Islam.
The legal system discriminated against religious minorities, awarding lower monetary compensation in injury and death lawsuits for non-Muslims than for Muslims and imposing heavier punishments on non-Muslims than on Muslims. A bill was passed by the Majlis early in the year which would equalize the "blood money" paid to the families of crime victims. The Guardian Council had not ruled on whether to ratify the bill, but there were reports that the Supreme Leader supported it. Since Baha'is were not a recognized religious minority, a change in the law would not apply to them.
The Government was highly suspicious of proselytizing of Muslims by non-Muslims and was harsh in its response, in particular against Baha'is and Evangelical Christians. The Government regarded Baha'is, whose faith originally derives from a strand of Islam, as a heretical sect, and has fueled anti-Baha'i and anti-Semitic sentiment in the country for political purposes.
The Government did not ensure the right of citizens to change or recant their religion. Apostasy, specifically conversion from Islam, may be punishable by death.
Although Sunni Muslims are accorded full respect under the terms of the Constitution, some Sunni groups claimed to be discriminated against by the Government. In particular, Sunnis cited the lack of a Sunni mosque in Tehran and claimed that authorities refused to authorize construction of a Sunni place of worship in the capital. Sunnis also accused the state broadcasting company of airing programs insulting to Sunnis. Numerous Sunni clerics were reported to have been killed in recent years, some allegedly by government agents. Sufi organizations outside the country remained concerned about repression by the authorities of Sufi religious practices.
The largest religious minority was the Baha'i faith, estimated at 350,000 adherents throughout the country. Baha'is were considered apostates because of their claim to a religious revelation subsequent to that of the Prophet Mohammed. The Baha'i Faith was defined by the Government as a political "sect" linked to the Pahlavi monarchy and, therefore, as counterrevolutionary. Historically at risk, Baha'is often have suffered increased levels of mistreatment during times of political unrest.
Baha'is may not teach or practice their faith or maintain links with co-religionists abroad. The fact that the Baha'i world headquarters (established by the founder of the Baha'i Faith in the 19th century in what was then Ottoman-controlled Palestine) is situated in what is now the state of Israel exposed Baha'is to government charges of "espionage on behalf of Zionism."
According to the National Spiritual Assembly of the Baha'is of the U.S., since 1979, more than 200 Baha'is have been killed, and 15 disappeared and presumed dead. The Government continued to imprison and detain Baha'is based on their religious beliefs.
The property rights of Baha'is generally were disregarded. Properties belonging to the Baha'i community as a whole, such as places of worship and graveyards, were confiscated by the Government in the years after the 1979 revolution and, in some cases, defiled. The Government's seizure of Baha'i personal property, as well as its denial of access to education and employment, continued to erode the economic base of the Baha'i community.
Baha'i group meetings and religious education, which often took place in private homes and offices, were severely curtailed. Public and private universities continued to deny admittance to Baha'i students. The use of suspended sentences appears to be a government tactic to discourage Baha'is from taking part in monthly religious gatherings.
In September 1998, authorities conducted a nationwide raid of more than 500 homes and offices owned or occupied by Baha'is to disrupt the activities of the Baha'i Institute of Higher Learning. The Institute employed Baha'i faculty and professors, many of whom had been dismissed from teaching positions by the Government as a result of their faith, and conducted classes in homes or offices owned or rented by Baha'is. During the operation, which took place in at least 14 different cities, 36 faculty members were arrested, and a variety of personal property, including books, papers, and furniture, either were destroyed or confiscated. Government interrogators sought to force the detained faculty members to sign statements acknowledging that the Open University was defunct and pledging not to collaborate with it in the future. Baha'is outside the country reported that none of the 36 detainees would sign the document. All but 4 of the 36 persons detained during the September 1998 raid on the Baha'i Institute were released by November 1998.
In March 1999, Dr. Sina Hakiman, Farzad Khajeh Sharifabadi, Habibullah Ferdosian Najafabadi, and Ziaullah Mirzapanah, the four remaining detainees from the September 1998 raid, were convicted under Article 498 of the Penal Code and sentenced to prison terms ranging from 3 to 10 years. In July 1999, Mirzapanah, who had been sentenced to 3 years in prison, became ill and was hospitalized. Prison authorities allowed him to return home upon his recovery on the understanding that they could find him whenever necessary. The other three were released in December 1999.
The Government reportedly kept a small number of Baha'is in arbitrary detention, some at risk of execution, on an ongoing basis. With the release earlier this year of a prisoner originally sentenced to death in 1997, there were four Baha'is reported to be in prison for practicing their faith at year's end, two of them facing life sentences. In addition, the Government harassed the Baha'i community by arresting persons arbitrarily, charging and then releasing them, often without dropping the charges against them. According to credible foreign Baha'i sources, persecution of the community in general, and these practices in particular, seem to have intensified since the U.N. Commission on Human Rights ended formal monitoring of the human rights situation in the country via the UNSR in the spring.
Baha'is regularly were denied compensation for injury or criminal victimization. Government authorities claimed that only Muslim plaintiffs were eligible for compensation in these circumstances. Baha'is continued to be denied most forms of government employment. Thousands of Baha'is dismissed from government jobs in the early 1980s received no unemployment benefits and were required to repay the Government salaries or pensions from their first day of employment. Some of those unable to do so faced prison sentences.
The Government often prevented Baha'is from traveling outside the country.
However, over the past several years, the Government has
taken some positive steps in recognizing the rights of Baha'is, as well as other
religious minorities. In November 1999, President Khatami publicly stated that
no one in the country should be persecuted because of his or her religious
beliefs. He added that he would defend the civil rights of all citizens,
regardless of their beliefs or religion. Subsequently the Expediency Council
approved the "Right of Citizenship" bill, affirming the social and
political rights of all citizens and their equality before the law. In February
2000, following approval of the bill, the head of the judiciary notified all
registry offices in the country that they should permit couples to be registered
as husband and wife without being required to state their religious affiliation.
This measure effectively permitted the registration of Baha'i marriages in the
country. Previously Baha'i marriages were not recognized by the Government,
leaving Baha'i women open to charges of prostitution. Consequently, children of
Baha'i marriages were not recognized as legitimate and were denied inheritance
rights. At the end of the year, Baha'is could obtain ration booklets and send
their children to public elementary and secondary schools.
The UNSR estimated the Christian community at approximately 300,000. Of these
the majority were ethnic Armenians and Assyro-Chaldeans. Protestant
denominations and evangelical churches also were active, although nonethnically
based groups report restrictions on their activities. The UNSR reported that
Christians were emigrating at an estimated rate of 15,000 to 20,000 per year.
The authorities became particularly vigilant in recent years in curbing proselytizing activities by evangelical Christians, whose services were conducted in Persian. Government officials closed evangelical churches and arrested converts. Members of evangelical congregations were required to carry membership cards, photocopies of which must be provided to the authorities. Worshipers were subject to identity checks by authorities posted outside congregation centers. Meetings for evangelical services were restricted by the authorities to Sundays, and church officials were ordered to inform the Ministry of Information and Islamic Guidance before admitting new members to their congregations.
Mistreatment of evangelical Christians continued in recent
years. Christian groups have reported instances of government harassment of
churchgoers in Tehran, in particular of worshipers at the Assembly of God
congregation in the capital. Cited instances of harassment included conspicuous
monitoring outside Christian premises by Revolutionary Guards to discourage
Muslims or converts from entering church premises and demands for presentation
of identity papers of worshipers inside.
Estimates of the size of the Iranian Jewish community varied from 25,000 to
30,000; a substantial reduction from the estimated 75,000 to 80,000 Iranian Jews
prior to the 1979 revolution.
While Jews were a recognized religious minority, allegations of official discrimination were frequent. The Government's anti-Israel stance, and the perception among many citizens that Jewish citizens supported Zionism and the State of Israel, created a threatening atmosphere for the small community. Jews limited their contact with and did not openly express support for Israel out of fear of reprisal. Recent anti-American and anti-Israeli demonstrations included the denunciation of Jews, as opposed to the past practice of denouncing only Israel and Zionism, adding to the threatening atmosphere for the community. Jewish leaders reportedly were reluctant to draw attention to official mistreatment of their community due to fear of government reprisal.
Some Jewish groups outside the country reported an increase in anti-Semitic propaganda in the official and semiofficial media. One example was the periodic publication of the anti-Semitic and fictitious "Protocols of the Elders of Zion," both by the Government and by periodicals associated with hard line elements of the Government.
The Government allowed the practice of Judaism, but restricted and interfered with it in practice. Education of Jewish children has become more difficult in recent years. The Government allowed the teaching of Hebrew, recognizing its necessity for the practice of Judaism. However, it strongly discouraged teachers from distributing Hebrew texts to students, making it difficult to teach the language in practice. The Government also required that several Jewish schools remain open on Saturdays, the Jewish Sabbath, to conform with the schedule of other schools in the school system.
Jews were gradually dismissed from most government positions after 1979. Members of the community are permitted to obtain passports and to travel outside the country; however, with the exception of certain business travelers, they were required by the authorities to obtain government clearance (and pay additional fees) before each trip abroad. The Government appeared concerned about the emigration of Jews. Permission generally was not granted for all members of Jewish families to travel outside the country at the same time (see Section 2.d.).
In February and March 1999, 13 Jews were arrested in the
cities of Shiraz and Isfahan. Among the group were several prominent rabbis,
teachers of Hebrew, and their students. The charges centered on alleged acts of
espionage on behalf of Israel, an offense punishable by death. The 13 were
jailed for more than a year before trial, largely in solitary confinement,
without official charges or access to lawyers. In April 2000, the defendants
were appointed lawyers, and a closed trial commenced in a revolutionary court in
Shiraz. Human rights groups and governments around the world criticized the lack
of due process in the proceedings. The UNSR characterized them as "in no
way fair." In July 2000, 10 of the 13, along with 2 Muslim defendants, were
convicted on charges of illegal contact with Israel, conspiracy to form an
illegal organization, and recruiting agents. They received prison sentences
ranging from 4 to 13 years. Three were acquitted. The lawyers of those convicted
filed an appeal and in September 2000, an appeals court overturned the
convictions for forming an illegal organization and recruiting agents, but
upheld the convictions for illegal contacts with Israel. Their sentences were
reduced to between 2 and 9 years imprisonment. In January 2001, the Supreme
Court rejected a final appeal. One of the ten convicted was released in February
2001 upon completion of his prison term, and another was released in January of
this year at the end of his term. Three additional prisoners were released in
October, leaving five remaining in prison at year's end.
Jewish groups outside the country noted that the March 1999 arrest of the 13
Jewish individuals coincided with an increase in anti-Semitic propaganda in
newspapers and journals associated with hardline elements of the Government.
Since the beginning of the trial, Jewish businesses in Tehran and Shiraz have
been targets of vandalism and boycotts, and Jews have reportedly suffered
personal harassment and intimidation.
The group "Families of Iranian Jewish Prisoners" (FIJP) has gone public with the names of twelve Iranian Jews who disappeared while attempting to leave the country in the 1990s. FIJP believes that the government has dealt with these cases differently than it dealt with other cases of people being captured while trying to escape from the country because these individuals were Jewish (see Section 1.b.).
According to the U.N. High Commissioner for Refugees (UNHCR), Mandaeans were regarded as Christians, and were included among the country's three recognized religious minorities. However, Mandaeans regarded themselves as adherents of a religion that practices Christianity in both belief and practice. The small community faced discrimination similar to that experienced by the country's other pre-Islamic religious minorities.
The Government restricted the movement of several senior religious leaders, some of whom had been under house arrest for years (see Sections 1.d. and 2.d.).
For a more detailed discussion see the 2002 International Religious Freedom Report <http://www.state.gov/g/drl/rls/irf/2002/>.
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