Aadel Collection

Iran: Freedom of Expression and Association in the Kurdish Regions

          
          HUMAN
          RIGHTS
          WATCH
          Iran: Freedom of Expression and
          Association in the Kurdish Regions
        
          
          Copyright © 2009 Human Rights Watch
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          ISBN: 1-56432-413-3
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          HUMAN
          RIGHTS
          WATCH
          1-56432-413-3
          Iran: Freedom of Expression and Association
          in the Kurdish Regions
          Map of Kurdish regions in Iran 1
          I. Summary 2
          II. Recommendations to the Government of Iran 4
          III. Background 6
          IV. Limits on Freedoms of Expression 10
          Journalists and Publications 10
          Books and Authors 15
          V. Limits on Freedom of Association 18
          Independent Non-Governmental Organizations iS
          Religious Gatherings and Groups 26
          Student Organizations 27
          VI. Legal Standards 29
          Freedom of Expression in International Human Rights Law 29
          Freedom of Expression in Iranian Law 29
          Freedom of Association in International Human Rights Law 32
          Freedom of Association in Iranian Law 33
          Minority Rights in International Human Rights Law 34
          Minority Rights in Iranian Law 34
          Methodology 36
          Acknowledgements 37
          JANUARY 2009
        
          
          Appendixi. 38
          IndividuaLs in Kurdish areas of Iran who faced persecution and restrictions as a
          resuLt of their journaListic activities 38
          Appendix 2 40
          IndividuaLs in Kurdish areas of Iran who faced persecution and restrictions as a
          resuLt of writing or pubLishing books 40
          Appendix 3 41
          IndividuaLs who have been arrested and/or have cases pending against for their
          peacefuL activities with the Organization for the Defense of Human Rights in
          Kurdistan 41.
        
          
          Map of Kurdish regions in Iran
          GEORGIA
          ARMENIA AZERRAIJAN
          TUR.
          OMAN
          ANISTAN
          360 540 720
          © 2008 John Emerson
          Kilometers
          RUSSIA
          KAZAKH STAN
          U lB E K I STA N
          T U P KM E N IS TAM
          * Tehran
          Kermanshah
          IRAQ
          IRAN
          KUWAIT
          PAKISTAN
          17
          SAUOI ARABIA
          4 .
          UAE
          0 90 180
          HUMAN RIGHTS WATCH JANUARY 2009
        
          
          I. Summary
          On July 9, 2005, students in the Iranian Kurdish city of Mahabad held
          demonstrations in Estegh lal Square to mark the anniversary of 1999 student protests
          in Tehran which the government had violently suppressed. Like the student protests
          they were commemorating, the demonstrators in Mahabad witnessed brutality when
          security forces arrived to arrest Shawaneh Ghaderi, a prominent Kurdish activist and
          one of the organizers of the demonstration. When Chaderi tried to flee, security
          forces pursued and shot him, tied him to a car, and dragged him through the streets
          to his death. Rioting broke out and the incident, as well as photos of Ghaderi's body
          that circulated afterwards, sparked eight days of protests in Mahabad and other
          Kurdish cities.
          Following this unrest, and the inauguration soon thereafter of President Mahmoud
          Ahmadinejad in August 2005, the government moved to repress peaceful activities
          by critics and dissidents throughout the country, including those in the Kurdish
          regions of Iran. Routinely invoking “security” concerns, the government accused
          activists, journalists, and writers of “stirring trouble and ethnic and racial conflict,”
          often accusing them of “working with opposition groups.”
          In bringing such charges, the government has at its disposal a set of articles within
          Iran's Islamic Penal Code entitled “Offenses against the National and International
          Security of the Country.” These “security laws” give the government wide scope for
          suppressing a range of peaceful activities and for denying security detainees basic
          due process rights. Similarly, Iran's Press Law contains broadly worded articles that
          allow the authorities to ban or deny permits to publications they perceive as critical,
          bring charges against writers and journalists, and prevent writers from having their
          works published. The Judiciary also regularly violates the legal requirement that the
          prosecution of press and expression-related offenses be tried in public courts and in
          the presence of a jury.
          In Iran there is little official tolerance of political dissent by any of the country's
          citizens. Most reports of widespread human rights violations reflect developments in
          IRAN: KURDISH FREEDOMS 2
        
          
          or near Tehran, the capital. Iran is a country of many minorities, and the authorities
          are particularly hostile to political dissent in those areas, especially where there has
          been a history of separatist activities. This report documents the Iranian
          government's widespread banning of newspapers, journals, and books as well as its
          harassment and arrests of publishers, journalists, and writers in the Kurdish regions.
          Authorities also suppress the activities of non-governmental organizations, by
          denying registration permits or bringing “security” charges against individuals
          working with such organizations. In many cases the authorities denied arrested
          activists basic due process rights. In at least one case, a detainee has alleged torture
          and mistreatment.
          Human Rights Watch calls on the Iranian government to amend or abolish its security
          laws, press laws, and other legislation that allow the government to suppress the
          speech and activities of a range of individuals and to arrest them for exercising their
          rights to peaceful expression and association. Human Rights Watch also urges the
          Iranian government to respect its international obligations, as well as Iran's
          constitution, in granting and respecting the social, cultural, and religious rights of
          the country's Kurdish minority.
          3 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          II. Recommendations to the Government of Iran
          Arbitrary Arrests and Treatment in Detention
          • Release all individuals currently deprived of their liberty for peacefully
          exercising their right to freedom of expression and association.
          • Investigate promptly all complaints of torture and ill-treatment;
          • Discipline or prosecute, as appropriate, officials responsible for the
          mistreatment of detainees.
          • Ensure that any prosecutions of press-related offenses occur in a court open
          to the public and in the presence of a jury, as required by Iranian law.
          Legal Reform
          • Amend Article 9 of the constitution by removing “in the slightest way” from
          the prohibition against infringing on the country's independence or territorial
          integrity “under the pretext of exercising freedom.”
          • Amend provisions of the Press Law that are excessively broad and used to
          curtail freedom of speech beyond the limits allowed by international law,
          specifically:
          • Article 2, which “endeavor [ s] to negate the drawing up of false and
          divisive lines, or, pitting different groups of the community against
          each other...”
          • Section 4 of Article 6, which prohibits publishing material that
          “creates discord between and among social walks of life especially by
          raising ethnic and racial issues.” Any restrictions on expression must
          be strictly limited to speech likely to incite directly and imminently
          violence, discrimination, or harassment and intimidation against an
          individual or clearly defined group.
          IRAN: KURDISH FREEDOMS 4
        
          
          • Amend broadly-worded provisions in the Islamic Penal Code entitled
          “Offenses against the National and International Security of the Country”
          (“Security Laws”) that permit the government to punish individuals arbitrarily
          for peaceful political expression, including the following provisions:
          • Article 498, which criminalizes the establishment of any group that the
          government charges with “disrupt [ ing] national security and which the
          government has used to prosecute peaceful dissent.
          • Article 500, which sets a prison sentence ofthree months to one year
          for anyone convicted of “propaganda against the state of the Islamic
          Republic of Iran or propaganda for the benefit of group or institutions
          against the state.”
          Minority Rights
          • Respect and enforce Articles 15 and 19 of the Constitution, which recognize
          the rights of ethnic minorities to have publications and instruction in local
          languages alongside that of the national language (Persian) and which
          confirm that all Iranians enjoy equal rights without regard to color, race, or
          language.
          5 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          III. Background
          Iran's Kurdish population of about 4.5 million, out of a total of nearly 69 million, is
          concentrated in the country's northwest regions particularly, in the provinces of Elam,
          Kermanshah, and Kurdistan as well as some areas in Western Azerbaijan. 1 Virtually
          all Kurds speak a version of the Kurmanji or Surani dialects of Kurdish. 2 The majority
          of Iran's Kurds, approximately 70 percent, are Sunni Muslims; 20 percent are Shia,
          and most of the remaining io percent belong to a Sufi order called Able Haqwith
          roots in Zoroastrianism. 3
          Iran's government bases itself on the Shia doctrine of the vela,vat-e faq/h (Rule of the
          Supreme Jurist), which places ultimate temporal and spiritual power in the hands of
          the most qualified religious scholar as the Supreme Leader of the country (which has
          been Ali Khamenei since 1989). Articles and 107 through 112 of Iran's constitution
          set out the qualifications and duties of the supreme leader and the various bodies of
          religious experts that make up the leadership of the government. 4 Since the 1979
          revolution, Sunni Iranians, about nine percent of Iran's population and the majority
          of Kurds, have rarely been included in powerful governmental positions. 5
          Political movements in Iran's Kurdish regions have consistently challenged the
          central government, under the Pah lavi shahs (who ruled from 1925-1979) as well as
          the Islamic Republic. In January 1946, the Iranian Kurdish leader Ghazi Mohammad
          declared Kurdish independence and named himself president of the new Republic of
          Population figure from Kaveh Bayat, “Iran and the ‘Kurdish Question',” Middle East Report 247 (Summer 2008), p. 29.
          2 On Kurdish language differences, see David McDowall, A Modern History of the Kurds (London and New York: I.B. Tauris,
          1997), pp. 9-10.
          Hamid Hamidi, Ghomiyat va Ghomiyatgerayi dar Iran [ Nations and Nationalisms in Iran], (Tehran: Ney Publishers, 1990), p.
          78-79.
          4 constitution of the Islamic Republic of Iran, adopted October 23, 1979, amended July 28, 1989, Articles, Articles 107-112.
          “The Week of Unity and the Issue of Shia and Sunni in Iran,” BBC Persian, April i6, 2007,
           o4/printable/o6o415_mf_week_of_unity.shtml, (accessed June 3°, 2008).
          According to official Iranian sources, 89 percent of Iran's population is Shia Muslims, nine percent Sunni Muslims, and two
          percent are made up of Bahai, Zoroastrians, Jews, christians, Mandaeans, and others. For more information, please see the
          official website of the commercial attaché of the Embassy of the Islamic Republic of Iran in Kabul, Afghanistan,
          https://web.archive.org/web/20180515044245/http://www.iranattache-afghan.ir:80/about-ir/.
          IRAN: KIJRDISH FREEDOMS 6
        
          
          Mahabad. The central government of Mohammad Reza Shah quickly suppressed the
          self-declared independent government and publicly hanged Ghazi Mohammad. 6
          Thereafter Tehran tightly controlled the region with the help of the military and the
          secret police agency known as SAVAK. 7
          In persecuting journalists, writers, and activists in the Kurdish region on security
          grounds, the government often accuses them of having connections with opposition
          Kurdish parties. Left-leaning Kurdish activists formed the Kom ala Party in Mahabad
          in the 1940S. In July 1945, Komala changed its name to the Kurdistan Democratic
          Party of Iran (KDPI). Since 1984 the party has been based in Iraq. In 1991, the KDPI
          called off its armed activities in Iran, although its “self-defense units” have clashed
          with Iranian troops during Iranian military incursions into Iraqi Kurdistan. According
          to KDPI leaders, the party does not carry out armed operations inside Iran, a position
          that Mostafa Hejri, secretary-general of the KDPI reaffirmed as recently as July 2oo8.
          After the 1979 revolution, another left-leaning movement, also calling itself Kom ala,
          took up arms against the central government in an attempt to gain Kurdish
          independence. 9 Komala unilaterally laid down its arms in the 1990s. According to
          Hassan Rahmanpanah, a member of Komala's central committee, the group did so
          after realizing that government authorities were using the existence of an armed
          opposition as an excuse for suppressing the peaceful work of a range of activists. 10
          6 David McDowall, A Modern History of the Kurds, (London and New York, NY: I. B, Tauris,1997), pp. 240-46.
          Nader Entessar, Kurdish Ethnonationalisni, (Boulder: Lynne Rienner, 1992), p. 20. SAVAK is the acronym for the Sazaman-e
          Etelaat va Amniat Keshvar, which translates as the Organization of Intelligence and National Security.
          B Asked if the party had set aside armed struggle and adopted peaceful methods, Hejri answered, “today, that is correct, we
          have chosen the democratic method.” See “Secretary General: We have Always Fought for our National and Democratic Rights
          in the Framework of Iran; Interview of Eleftherotipia with Mostafa Hejri,” official website of Mostafa Hejri, Secretary General of
          the Democratic Party of Iranian Kurdistan, https://web.archive.org/web/20090203083716/http://sikirter.org:80/persian/index.php?id=154 (accessed September i, 2008).
          Ahmad Batebi, an Iranian dissident who spent time in Iranian Kurdish areas before fleeing Iran in March 2008 and
          subsequently was in touch with Kurdish activists as part of his own human rights activities, told Human Rights Watch that the
          KDPI has not engaged in armed activities in Iran. Interview with Ahmad Batebi, New York, New York, August 29, 2008. See also
          “Iran's Kurdish Democratic Party Turned Sixty,” BBC Persian, August i6, 2005,
          http://www.bbc.co.uk/persian/iran/story/2005/o8/o5o815_mf_pdk.shtml, (accessed June 29, 2008). The Kurdistan
          Democratic Party of Iran is to be distinguished from the Kurdistan Democratic Party, a party of Iraqi Kurds. Although both
          parties trace their founding to Mustafa Barzani and the declaration of the Kurdistan Republic of Mahabad, they function
          independently.
          Hamid Hamidi, Ghomiyatva Ghomiyatgerayidar/ran(Nations and Nationalisms in Iran), (Tehran: Ney Publishers, 1990, p.
          100.
          10 “Komele Denies Arrest of its Members,” BBC Persian, February 14, 2008,
          . co.uk/persian/iran/story/2008/o2/o8o214_dd_komele.shtml, (accessed February 19, 2008).
          7 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          The Iran ian government has not since alleged any armed activities by Komala
          members or sympathizers.
          Currently PJAK, the Iranian branch of the Turkey-based Kurdistan Workers Party (PKIC),
          an opposition movement fighting for the independence of Kurds in Turkey, is the
          only group engaged in armed struggle against the Iranian government. 11 Based
          mostly in Iraqi Kurdistan, PJAK has claimed responsibility for a number of armed
          operations against Iranian security forces. 12 In response, Iran launched armed
          incursions into northern Iraq, most recently in August 2007 and June 2008.13 The
          KDPI and other Kurdish parties claim that they have no relationship with PJAK. 14
          While government restrictions on freedom of association, assembly, and speech
          were a problem during President Khatami's two administrations (1997-2005), the
          Ahmadinejad government has intensified these restrictions in the name of security. 15
          The Latest security crackdowns in Iran's Kurdish regions can be traced to July 9, 2005,
          when students in the city of Mahabad held demonstrations in Estegh lal Square to
          mark the sixth anniversary of student protests in Tehran, which the government had
          violently suppressed. In response to the July 2005 gathering in Mahabad, security
          forces arrived at Esteghlal Square to arrest Shawaneh Chaderi, a prominent Kurdish
          activist. After Ghaderi resisted arrest by running away, security forces pursued and
          shot him, tied him to a car and dragged him through the streets until he died.1 6 The
          “Komole Denies its Members were Arrested in Iran,” BBC Persian, February 14, 2008,
          http://www.bbc.co.uk/persian/iran/story/2008/o2/o8o214_dd_komete.shtml, (accessed May i, 2008). PJAK is the acronym
          for PartiyaJiyanaAzada Kurdistan, which translates from Kurdish to the Party for Free Life of Kurdistan.
          12 “A Visit to a PJAK camp,” BBC Persian, December 19, 2007,
          http://www.bbc.co.uk/persian/iran/story/2007/12/o71219_m_kurds.shtmL (accessed July14, 2008).
          13 “Iran's Attacks on Iraq's Kurdish Regions continue,” BBC Persian, August 23, 2008,
          http://www.bbc.co.uk/persian/iran/story/2007/o8/o7o823_mf_kurds_attack.shtml (accessed July 6, 2008) and “Iran's
          Latest Attack on Iraqi Kurdistan Leaves Two Wounded,” BBC Persian, June 4, 2008,
          http://www.bbc.co.uk/persian/iran/story/2008/o6/o8o6o4_mf_sheLLing.shtml (accessed July 6, 2008).
          14 “Secretary General: We have Always Fought for our National and Democratic Rights in the Framework of Iran; Interview of
          Eleftherotipia with Mostafa Hejri,” official website of Mostafa Hejri, Secretary General of the Democratic Party of Iranian
          Kurdistan, http://sikirter.org/persian/index. php?id=154 (accessed September i, 2008)
          15 Human Rights Watch, “You Can Detain Anyone for Anything: Iran's Broadening Clampdown on Independent Activisms,”
          January 2008 Volume 20, No. i(E), http://hrw.org/reports/2008/iranolo8/ and Human Rights Watch interview with Ahmad
          Batebi, New York, New York, August 30, 2008, “Ahmadinejad's Two Year Report Card: the Government and Civil Liberties,”
          Radio Farda, June 24, 2007, http://www.radiofarda.com/Article/2007/o6/24/f7_Iran_Ahmadinejad_Political_Revenue.html
          (Accessed September i, 2008).
          16 “Iran Press Reports Kurdish Riots,” BBC News, July 26, 2005, http://news.bbc.co.uk/2/hi/middle_east/4718785.stm
          (accessed September i, 2008).
          IRAN: KURDI 5H FREEDOMs 8
        
          
          event, and photos of Ghaderi's body that circulated afterwards, sparked eight days
          of sometimes violent protests in Mahabad and other Kurdish cities. Protestors
          expressed their anger at the killing and the lack of response by the government to
          calls for an investigation. According to local reporters who spoke with eyewitnesses,
          the demonstrations on July 9 were peaceful until security forces violently disrupted
          the gatherings. 17 The clashes led to rioting and the destruction of property such as
          banks and shops. In response, the authorities arrested at least o protestors,
          according to local activists.
          This report examines the government's systematic suppression of efforts by Kurdish
          activists and dissenters from peacefully exercising freedom of speech and
          association, and violations of Kurdish minority rights, since those events.1 8
          1T See, for exampte, “Canada Shahrvand Interview with Local Reporter Khosrow Kurdpour: The Death of Shawane and Unrest
          in Mahabad,” Kurdish News Agency, http://www.mukrian.blogsky.com/?PostID=113, (accessed February 19, 2008).
          18 For an overview of other human rights issues in the Kurdish areas of Iran, see Amnesty International, “Iran: Human rights
          abuses against the Kurdish minority,” MDE 13/088/2008.
          9 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          IV. Limits on Freedoms of Expression
          JournaLists and PubLications
          After the events of the summer of 2005, officials began closing publications and
          targeting journalists who covered Ghaderi's killing and the ensuing protests. 19 Courts
          have banned at least six daily and weekly bilingual Persian and Kurdish publications
          such as Payam-e Mardom (People's Message), Ashti(Befriend), Asu (Horizon), Rozhe
          He/at (East), Payam-e Kurdistan (Kurdistan Message), and Didgab (Viewpoint). The
          government also arrested numerous journalists and others associated with these
          publications, and convicted at least 38 following unfair trials. Some of these were
          before Revolutionary Courts, established in 1979 to try alleged offenses against
          national security, slandering the founder of the Islamic Republic and the Supreme
          Leader, and smuggling narcotics. (A list of journalists persecuted for their work with
          local Kurdish publications appears in Appendix i).
          Bahram Valad-Beigi, the editor-in-chief of the bilingual Persian and Kurdish daily
          Ashti, was among the prosecuted journalists interviewed for this report. 2 ° The
          authorities tried Valad-Beigi, along with the paper's general manager, Barhan
          Lahnoni, in July and October of 2007 in a Penal Court of the province of Kurdistan. 2 '
          This trial was one of the few judged by a jury, as required by Iranian law. 22
          19 “Canada Shahrvand Interview with Local Reporter Khosrow Kurdpour: The Death of Shawane and Unrest in Mahabad,”
          Kurdish News Agency, http://www.mukrian.blogsky.com/? PostID=113, (accessed February 19, 2008).
          20 Human Rights Watch email correspondence with Bahram Valad-Beigi, September 17, 2007 and Human Rights Watch
          telephone interview with Bahram Valad-Beig in, September 11, 2007 and October 12, 2007.
          21 “The Banning of Ashtiand the Sentencing of Defendants to Financial Penalty,” Peyke Iran Website, December 3, 2007,
          http://www.peykeiran.com/iran_news_body.aspx? I D=4551 1, (accessed October 22). 2007 and “Nikbakht Announced: Court
          Case for As / it /Carried Out, RoojhulalatCase will be Examined in October,” Iranian Student News Agency, October 22, 2007,
          http://isna.ir/Main/Newsview.aspx?ID=News-lo200 so&lang=p, (accessed October 22, 2007).
          22 “The Banning of As/it/and the Sentencing of Defendants to FinanciaL Penalty,” Peyke Iran Website, December 3, 2007,
          http://www.peykeiran.com/iran_news_body.aspx?ID=45511, (accessed April 22, 2007) and “Nikbakht Announced: Court Case
          for As/it/Carried Out, Roojb b'a/atCase will be Examined in October,” Iranian Student News Agency, October 22, 2007,
          http://isna.ir/Main/Newsview.aspx?ID=News- lo200 so&lang=p, accessed April 22, 2007. Article 165 of the Iranian
          Constitution says that “Trials are to be held openly and members of the public may attend without any restriction unless the
          court determines that an open trial would be detrimental to public morality or discipline, or if in case of private disputes, both
          the parties request not to hold open hearing.” Article i68 of the Constitution speaks to Press offensives specifically, and
          making no exceptions such as those noted in Article i6 , states “Political and press offenses will be tried openly and in the
          presence ofajury, in courts of justice.”
          IRAN: KURDISH FREEDOMS 10
        
          
          The accusations the government brought against Valad-Beigi included “sharing the
          ideology of Barzani” and “running a paper that is not independent.” 23
          According to Valad-Beigi's defense statements, obtained by Human Rights Watch,
          the government also charged him and As/it/with “disturbing the public opinion by
          publishing Lies and articles aimed at stirring trouble and ethnic and racial conflict”
          and “covering developments and news in Iraqi Kurdistan.” Article 6 of the Press Law
          provides the legal basis for the Latter charge: it prohibits publishing material that
          “creates discord between and among social walks of life, especially by raising ethnic
          and racial issues.” 24
          In his official court defense, Valad-Beigi responded:
          Is coverage of well-known developments in Iraqi Kurdistan, issues of
          federalism which are accepted in our neighboring country's
          Constitution, or the presence of Masoud Barzani, Jalal Talabani,
          Nichirivan Barzani on the Iraqi political scenes lies? Is covering the
          meetings of Abd al-Aziz Hakim, Ibrahim Jafari, and Muqtada Sadr
          considered “publishing lies”? How come one is forbidden and the
          other allowed? In publishing material about Iraqi Kurdistan our only
          goal has been to transparently provide information. Both before and
          after the revolution, Iran has for many years hosted the leaders of Iraqi
          Kurdistan. ... The precedence of publishing news about Iraqi Kurdistan
          is not limited to our paper, and its history goes back to before the
          revolution 25
          On December 3, 2007, a branch of the Penal Court in the province of Kurdistan
          banned As/it/and ordered Valad-Beigi to pay a fine of ioo,ooo Toman
          (approximately ioo USD). On April 9, 2008, Branch 27 of the Supreme Court upheld
          23 Mustafa Barzani, the preeminent Iraqi Kurdish leader for many decades and father of Iraqi Kurdistan president Masoud
          Barzani, was also active in Iran on behalf of Kurdish rights during the rule of Mohammad Reza Pah lavi. See William Eagleton,
          The Kurdish Republic of 1946, (London, Oxford University Press, 1963), pp. 47-54.
          24 Iran Press Law, ratified on March 19, 1986, amended on April 18, 2000, art. 6.
          25 Defense arguments presented in court on July 16, 2007 obtained by Human Rights Watch.
          1 1 HUMAN RIGHTS WATcH JANUARY 2009
        
          
          the fine, but revoked the ban on the paper; according to Valad-Beigi, Ashti has not
          resumed publication. 26
          The accusations against Valad-Beigi are typical of those brought against journalists
          and publications in the Kurdish regions. Authorities arrested Asu Saleh, another
          Kurdish journalist, on similar charges on multiple occasions. In the summer of 2005,
          the Public Prosecutor's Court in Sanandaj summoned Saleh to appear on charges of
          “publishing lies” in the weekly Dang (Voice). Saleh remained free on bail while
          authorities investigated his case for one year, after which the court convicted him of
          the charge and sentenced him to six months in prison. 27
          Asu Saleh told Human Rights Watch that pressure by the Ministry of Information got
          him fired from another paper, the weekly bilingual Kurdish-Persian Didgali:
          When I started working for Didgali, in Sanandaj, my colleagues chose
          me as a member of the writers' council and manager of the Kurdish
          section of this weekly. From that point, pressure from the Ministry of
          Information intensified. Many times the ministry threatened that
          unless Ejlal Ghavami [ manager of the Persian section] and I are fired,
          the weekly would be banned. Unfortunately, the ministry made good
          on its threats. Didgali was banned and both EjIal Ghavami and I were
          detained. 28
          On June 24, 2007, Branch of the Public Prosecutor's Court in Sanandaj accused
          Saleh of “acting against national security,” “propaganda against the state,”
          “agitating youth to participate in illegal gatherings,” and “working with opposition
          groups.” 29 In August of 2007, the court sentenced him to one year in prison, after he
          had fled the country. 3 °
          26 Human Rights Watch telephone interview with Bahram Vatad-Beigi, April i6, 2008.
          27 Human Rights Watch email correspondence with Asu Saleh, October 29, 2007.
          28 Human Rights Watch email correspondence with Asu Saleh, October 29, 2007.
          29 “Trial for Kurdish Student Asu Saleh Begins,”june 24, 2007, Advar News, http://www.advarnews.us/university/5177.aspx,
          (accessed September 18, 2008).
          30 - -
          Human Rights Watch email correspondence with Asu Saleh, September 8, 2008.
          IRAN: KURD ISH FREEDOMS 12
        
          
          In November of 2007, Branch i of the Revolutionary Court in Sanandaj summoned
          Saleh on charges of “spying.” 31 The court has yet to announce any action on these
          charges, but this same court routinely summons Asu's father and questions him
          about his son's activities. 32
          Hossein Ahmadiniyaz and Jalil Azadikhah, the general manager and editor
          respectively of the Persian and Kurdish bilingual weekly Asu, also faced harassment
          following the July 2005 protests in Mahahbad. One week after the protests, the
          intelligence section of the security forces of the Kurdistan province lodged official
          complaints against the publication, resulting in an immediate government ban on its
          publication and charges of “publishing lies with the intent to disturb the public
          mind” and “acting against national security.” In March 2006, Branch 104 of the
          Penal Court of Sanandaj convicted Hossein Ahmadiniyaz of these charges and
          ordered him to pay a fine. 33
          Mohammad Sadigh Kaboudvand is another Kurdish journalist who has faced
          government suppression of his writings. Over the last several years, authorities have
          persecuted him as a result of the activities of the Organization for the Defense of
          Human Rights in Kurdistan, a human rights organization he founded in April 2005 to
          produce reports about violations in Kurdish areas (see below). Kaboudvand was
          also the owner, general manager, and editor of the Persian language weekly Payam-e
          Mardom. The paper ran for thirteen issues before the Ministry of Information lodged
          a complaint based on its coverage of the July 2005 events. Prior to that, in April 2005,
          the Public Prosecutor's Court in Sanandaj gave him a suspended one-year sentence
          after convicting him of “creating splits among groups of people by raising tribal and
          racial issues.” The court also banned him from practicing journalism and from
          owning or managing newspapers for five years, and revoked Payam-eMardoni's
          publication permit. One year later, in April 2006, a branch of the Appeals Court in the
          province of Kurdistan upheld his sentence and converted it to one he had to serve in
          31 Human Rights Watch messenger correspondence with Asu Saleh, November i6, 2007.
          32 Human Rights Watch email correspondence with Asu Sateh, September 8, 2008.
          Human Rights Watch teLephone interview, name and location withheld on request, December 12, 2007.
          13 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          prison. Kaboudvand's Lawyers appealed to the Supreme Court, which in September
          2006 upheld the Appeals Court's ruling. 34
          The government is highly sensitive to any local coverage about factions of the
          Komala/Kurdistan Democratic Party because of their past involvement in separatist
          campaigns, or developments concerning the Kurdistan Workers Party (PKK) of Turkey.
          Sam an Rasoulpour, a human rights activist and journalist, documented many cases
          where the government harassed local publications for covering such news and the
          government prosecuted him for his peaceful activities. 35 On January 30, 2006,
          authorities arrested Rasoulpour under a warrant issued by the judge of Branch Two
          of the Revolutionary Court in Mahabad. In March 2006, the court convicted him on
          charges of “publishing lies” and “acting against national security,” and sentenced
          him to two years in prison in Ardibil, a city 174 miles away from Mahabad. After he
          had served seven months, the Supreme Court suspended the remainder of his
          sentence on appeal. Since his release in September of 2007, Rasoulpour resumed
          his human rights work and his journalism with Persian-language internet
          publications. 6 According to Rasoulpour, authorities have continued to harass him
          by periodically summoning him for questioning or making threatening phone calls to
          his home. 37
          In November 2007, Rasoulpour wrote to Human Rights Watch,
          In the last two years, hundreds of Kurdish citizens have been detained
          and convicted for working with various Kurdish parties. If “acting
          against national security” has become a threadbare accusation in
          Tehran, in Kurdish areas activists usually face the accusation of
          “working with opposition groups.” These accusations are frequently
          exaggerated and mostly merely intended for building cases against
          ‘ “The Human Rights Situation in Iran and Eastern Kurdistan,” Kurdistan Report, May 7, 2007,
          https://roznam ehngarkurd. mihanbtog.com/More-191.AS PX, (accessed December 6, 2007) and “Exclusive Interview with
          Mohammad Sadegh Kaboudvand,” blog of activist Saman Rasoulpour, http://rasoulpour.blogfa. com/post-i.aspx, (accessed
          September 18, 2008).
          Human Rights Watch email correspondence with Saman Rasoulpour November 13, 2007 and December 15, 2007.
          36 Human Rights Watch email correspondence with Saman Rasoulpour, November 13, 2007 and December i , 2007.
          Human Rights Watch email correspondence with Saman Rasoulpour, July 24, 2008
          IRAN: KIJRDISH FREEDOMS 14
        
          
          people. At the current time, most Kurdish publications have been
          banned and the media environment in this area is stagnant. A quiet
          like that of a cemetery rules over the media space. 8
          As a result of Rasoulpour's activities, specifically his work on behalf another
          detained Kurdish activist, Farzad Kamangar (see below), Ministry of Information
          agents again arrested him on or about July 27, 2008, on charges of “distributing
          propaganda against the state”; he was released on August 13 after posting bail of
          ioo million toman (US$1o,5oo).
          According to Rasoulpour, lower courts usually hand down heavy sentences to
          journalists. 40 While these sentences are often reduced on appeal, some journalists
          and activists choose to flee the country rather than risk long term imprisonment. 41
          (See, for example, the cases of Roya Toloue and Asu Saleh.)
          Books and Authors
          In the book publishing industry, publishers and writers also struggle in the face of
          governmental restrictions. Iranian law requires that all books obtain a publication
          permit from the Ministry of Culture and Islamic Guidance. Publishers must submit
          requests for permits first to the provincial office of the ministry; the provincial office
          then sends the application materials to the ministry headquarters in Tehran, which
          decides whether to grant permission or not. 42
          Writers and publishers face particular difficulties in obtaining permits for material in
          the Kurdish language. Books -- whether originally written in Kurdish or translated --
          38 Human Rights Watch email correspondence with Saman Rasoutpour, November 13, 2007.
          On Rasoulpour's release, see Amnesty International update, October i, 2008
          http://amnesty.org/en/library/info/MDE13/144/2008/en (accessed October 6, 2008). On his arrest, see OMCT/ World
          Organization Against Torture, “Incommunicado Detention of Mr. Saman Rasoulpour, “July31, 2008
          http://www.omct.org/index.php?id=OBS&Lang=eng&articleSet=Appeal&articleld=7943 (accessed October 6, 2008).
          40 Human Rights Watch email correspondence with Saman Rasoulpour, November 13, 2007.
          41 Human Rights Watch emait correspondence with Saman Rasoulpour, November 13, 2007.
          42 Human Rights Watch telephone interview with journalist and former publisher Shahram Rafizadeh, December 20, 2007.
          See also “Distinctions in a Dark Room or the Story of the Books Censorship,” Ketab News, May 29, 2007,
          http://www.ketabnews.com/detail-56o2-fa-1.html (accessed October 29, 2007).
          15 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          have been very popular in Iran's Kurdish areas, and this popularity extends beyond
          Iran's borders to Iraqi Kurdistan. 43
          Under the reformist administration of President Mohammad Khatami, the
          government had simplified the process of obtaining permits for a variety of books,
          incLuding novels, short stories, and poetry as well as works of history and other
          nonfiction. This allowed for much progress in Kurdish language publications. Cross-
          border cultural and literary exchanges reached a high point. 44
          The Ahmadinejad presidency, with its emphasis on “security,” has reversed the
          growth in the publication and circulation of Kurdish books as part of broader
          restrictions on publishing and disseminating critical works. The Ministry of CuLture
          and Islamic Guidance has targeted publications across the board, with a heavy
          impact on Kurdish and other locaL language pubLications. Now Iranian Kurds have to
          import Kurdish-language books from Iraqi Kurdistan. 45
          Shahram Ghavami, a novelist in Sanandaj, has published three novels. The Ministry
          of Culture and Islamic Guidance, under the Khatami administration, aLlowed him to
          reprint his novel So/ic //a. However, the ministry under the Ahmadinejad
          administration has not granted him permission for a third printing. Ghavami told
          Human Rights Watch that the authorities required him to delete 761 passages in
          order to get a republication permit. He told Human Rights Watch that he refused. 6
          Ghavami faces prosecution for another of his novels, Birba. In the latter half of
          December 2006, after the novel appeared, security agents from the Ministry of
          Information arrested Ghavami on charges of “insulting the state.” The authorities
          detained him for two months in the ministry's own detention center in Sanandaj
          before releasing him on a bail of approximately 20 miLlion toman (US$ 20,000).
          Human Rights Watch telephone interviews with journalist and former publisher Shahram Rafizadeh, December 20, 2007
          and with journalist and civil society activist Bahram Valad-Beigi, July i , 2008.
          Human Rights Watch telephone interviews with Shahram Rafizadeh, December 20, 2007 and Bahram Valad-Beigi, July i ,
          2008.
          “ Human Rights Watch telephone interview with Shahram Rafizadeh, December 20, 2007.
          46 Human Rights Watch email correspondence with Shahram Ghavami, December 14, 2007.
          IRAN: KURDISH FREEDOMS 16
        
          
          There have been no further hearings in the case but the charges have not been
          dismissed and his case remains open. 47
          According to Ghavami, the charges of “insulting the state” stemmed from a scene in
          his novel where a Ministry of Information agent forces a woman to have a
          relationship with him. Ghavami maintains that his novel reflects social realities. 8
          Behzad Khoshali, a writer and researcher from Saghz, faced similar problems.
          Khoshali wrote and translated a number of books in recent years, but the Ministry of
          Culture and Islamic Guidance has not granted the necessary permits to publish any
          of them. They gave no reason for denying the permit. These include three original
          works -- Se/f-colonialism, The Cultural Colonialism of the Kurdish People, and
          Anfalism-- as well as his translations into Kurdish of The Theory of Nationalism,
          Democratic Nationalism and Multicultural Democracy, and other titles. 49 Khosh all
          self-published a collection entitled Kurdistan: Days of Crisis, which covers events in
          Iranian Kurdistan from 1978-1980, despite the ministry's refusal to give him a permit.
          On a number of occasions, officials from the Ministry of Information bureau in
          Kurdistan confiscated Thirty Three Bulletsand GhaziMohammad, two of Khoshali's
          books, from bookstores despite the fact that he had permission to publish them . 5 °
          Appendix 2 contains a partial list of cases of governmental persecution and
          restrictions on writers in the Kurdish Regions.
          Human Rights Watch email correspondence with Shahram Ghavami, December 14, 2007.
          48 Human Rights Watch email correspondence with Shahram Ghavami, December 14, 2007. Under freedom of expression
          standards a novel need not reflect social realities.
          ‘ The Anfal Campaign, carried out during the rule of Saddam Hussein in Iraq, refers to the systematic murder of at least
          50,000 and possibly as many as ioo,ooo Kurds between February and September 1988. See Human Rights Watch, Genocide
          in Iraq- TheAnfal CampaignAgainsttheKurds, (New York: Human Rights Watch, 1993).
          50 . .
          Human Rights Watch telephone interview, name and location withheld on request, December 14, 2007.
          17 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          V. Limits on Freedom of Association
          Independent Non-GovernmentaL Organizations
          ArticLe 26 of the Iran's constitution guarantees the right to form “parties, societies,
          poLiticaL or professionaL associations, as weLL as reLigious societies, whether IsLamic
          or pertaining to one of the recognized reLigious minorities.” 51 Under Mohammad
          Khatami's presidency, the government pLayed a key roLe in promoting pubLic
          discussion regarding the formation and activities of non-governmentaL organizations
          (NGO5). On July 29, 2004, near the end of Khatami's tenure as president, as a step
          towards institutionaLizing NGOs and faciLitating their functioning, the Ministry of
          Information submitted to the government draft executive reguLations regarding the
          estabLishment and activities of NGOs. The government ratified these in JuLy 2005.
          The ministry cited ArticLe 138 of the constitution, which grants “CounciL of Ministers
          or a singLe minister” the authority to “to frame procedures for the impLementation of
          Laws.” 52
          Prior to ratification of the executive reguLations, NGOs required permits from both the
          Ministry of Interior and the Ministry of Information in order to operate. Under the new
          reguLations, state-sponsored institutions Like the NationaL Organization of Youth
          made the work of NGOs easier, incLuding those that operated in the provinces. By
          acquiring permits, the NGOs gained officiaL status and Legitimacy, making it easier to
          carry out their work.
          The Kurdish regions were among the provinces that saw growth in the NGO sector
          during Khatami's tenure, as a Larger number of groups deaLing in environmental,
          women's, chiLdren's, and Literary issues, and sports organizations carried out
          activities. 53
          constitution of the Islamic Republic of Iran, adopted October 23, 1979, amended July 28, 1989, art. 26
          52 By-laws for the Establishment and Activities of Non-Governmental Organization, ratified on July 19, 2005.
          “Kurdistan and NGOs, Potentials and Pitfalls,” Gooya Newsletter, http://news.gooya.com/society/archives/o43863.php,
          (accessed December 12, 2007).
          IRAN: KURDISH FREEDOMS 18
        
          
          The new regulations mandated the creation of councils to oversee NGOs, ostensibly
          to facilitate the process of obtaining permits and running NGOs. Under the
          Ahmadinejad administration, officials instead have used the councils to suppress
          activities of civil society activists as the councils by denying NGOs permits to operate.
          Article i of the regulations established councils on the municipal, provincial, and
          national levels to oversee and facilitate the formation of non-governmental
          organizations. 54 Members of the municipal-level councils include the mayor, a
          representative from the city council, as well as a representative from the NGO
          community. 55 Members on the provincial level include the governor, a representative
          from the provincial council, and a representative from the NGO community. 6 On the
          national level, the council is made up of a deputy from the Ministry of Interior, a
          representative from the High Council of Provincial Representatives, and a
          representative of NGOs.
          Under President Ahmadinejad, the attitude of the government shifted from tolerance
          and encouragement of NGOs to suspicion and hostility. The government increasingly
          applied a “security” framework in its approach to NGOs, often accusing them of
          being “tools of foreign agendas.” The role of the councils during this period has been
          to suppress the work of activists by denying permits to NGOs to operate, often
          refusing to meet their legal obligation to provide written explanations for rejecting
          applications. 8 This trend is particularly evident in minority regions, including
          Kurdish regions, where the government often denies permits or prevents the
          registration of NGOs. Organizations that are able to register and obtain permits still
          face harassment and worse.
          By-laws for the Establishment and Activities of Non-Governmental Organization, ratified on July 19, 2005, Art. i.
          55 By-laws for the Establishment and Activities of Non-Governmental Organization, ratified on July 19, 2005, Art. i.
          s6 By-laws for the Establishment and Activities of Non-Governmental Organization, ratified on July 19, 2005, Art. i.
          57 By-laws for the Establishment and Activities of Non-Governmental Organization, ratified on July 19, 2005, Art. i.
          8 By-laws for the Establishment and Activities of Non-Governmental Organization, ratified on July 19, 2005, Art. i. For the
          cases of other NGOs covered in this report, the circumstances have varied. Sadegh Kaboudvand did not apply for a permit
          when he established his Organization for the Defense of Human Rights in Kurdistan. Bahram Valad-Beigi initially succeeded in
          obtaining a permit for the Cultural Institute of Kurdistan but later faced problems. Student activist Souren Hosseini never
          received a response from the authorities about his application to form a student organization.
          19 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          The Organization for the Defense of Human Rights in Kurdistan is one such
          organization. Sadigh Kaboudvand established the NGO in April 2005 and served as
          its director and spokesperson. According to its mission statement, the organization
          considers itself a “non-governmental, non-political, civil society institution” that
          works for “establishing the basic rights, freedoms, human rights of people in
          Kurdistan and Iran.” The organization, based in Tehran, has members active
          throughout the regions mainly inhabited by Kurds.
          On July 1, 2007, authorities arrested Kaboudvand, on charges stemming from his
          peaceful activities in collecting and publishing accounts of human rights abuses in
          Kurdish areas. According to one member,
          In the more than two years that we have been working, the security
          forces have arrested a number of our organization's members on
          charges such as “disturbing the public mind,” “propaganda against
          the state,” or “collaboration with opposition parties.” Right now two of
          our members, Mohammad Sadigh Kaboudvand and EjIal Aghvami, are
          in jail, and thirteen others have cases in court. In addition, security,
          judiciary, and communications officials have limited or filtered
          websites belonging to our organ ization. 6 °
          On June 22, 2008, a branch of the Revolutionary Court sentenced Kaboudvand to i i.
          years in prison for his NGO activities on charges that he had “acted against national
          security.” 6 ' The government had previously detained and prosecuted Kaboudvand for
          his work as a journalist (see above).
          Farzad Kamangar is another member of the organization currently in detention. (A list
          of persons who faced governmental persecution as a result of their NGO activities
          appears in Appendix 3.) Authorities arrested Kamangar, who is also the
          copy of Mission Statement of the Organization for the Defense of Human Rights in Kurdistan obtained by Human Rights
          Watch.
          6o Human Rights Watch email correspondence with member of the Organization for the Defense of Human Rights in Kurdistan
          (name withheld), December 14, 2007.
          6i “Kurdish journalist gets li-year prison sentence, Tehran daily closed for criticising Ahmadinejad,” Reporters Without
          Borders, June 24, 2008, http://www.rsf.org/article. ph p3?id_article=27612, (accessed June 26, 2008).
          IRAN: KURDISH FREEDOMS 20
        
          
          superintendent of high schools in the city of Kamayaran, in July of 2006 in Tehran
          and held him in various detention centers in Kurdistan, Kermanshah, and Tehran. 62
          In a letter smuggled out of prison, Kamangar described undergoing torture and ill-
          treatment,
          In 2005, I started working with the Organization for the Defense of
          Human Rights in Kurdistan as a reporter. In July 2006, I was arrested in
          Tehran, where I had traveled to find our about medical treatment for
          my brother, a political activist in Kurdistan. They took me to some
          unknown place that day, some narrow and dark basement without
          ventilation, empty cells with bare floors, and nothing inside them.
          They took me to a room where they questioned me. Every time they
          asked me about my ethnicity, I answered, “Kurdish,” and they beat me
          with a whip that looked like some kind of a hose. They also insulted
          me and beat me because of my religion. They beat me because of the
          Kurdish music that was on my mobile. They tied my hands, sat me in a
          chair, and beat me on the sensitive parts of my body. They also took
          off my clothes and threatened me sexually with batons and sticks. My
          left leg was really damaged in this place, and I passed out from
          simultaneous blows to my head and electric shocks to sensitive parts
          of my body. I feel like I have lost my sense of balance and I constantly
          shake.
          Sometime later they transferred me to Unit 209 of Evin prison. They
          blindfolded me in the entrance hallway, and then they took me to
          some small room. The next day they transferred me to Sanandaj where
          they arrested my brother. From the moment I arrived at the detention
          center there, they insulted and beat me. They tied me to a chair and
          left me in the clinic of the detention center from seven in the morning
          until the next day. They didn't even let me go to the restroom so I wet
          62 “Iran: Kurdish Teacher Tortured, Sentenced to Death,” Human Rights Watch News Release, February 27, 2008,
          http://hrw.org/english/docs/2 0 08/o2/27/iranl8l55.htm.
          21 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          myself. Then they returned me to Unit 209 again and they continued to
          harass and beat me in the room on the second floor, the green
          interrogation rooms.
          On August 27, 2006, they tortured me so badly that they took me to
          see the doctor, who was on the first floor near the interrogation rooms.
          The doctor recorded all the signs of torture that were evident from the
          bruises on my back, neck, feet, and thighs. For the two months of
          August and September I was detained in solitary cell number 43 63
          On February 25, 2008 Branch 30 of Iran's Revolutionary Court sentenced Kamangar
          to death on charges of “endangering national security.” The prosecution claimed
          that Kamangar was a member of the Kurdistan Workers Party (PKK), but provided no
          evidence to support this allegation. 6 In July 2008, the Supreme Court upheld the
          death sentence, and Kamangar remains in prison; according to Kamangar's lawyer,
          Khalil Bahramian, appealing to the head of the judiciary to intervene is the only
          remaining option for challenging the sentence. 6
          Other activists have been unable to register their organizations, and if they decide to
          engage in activities they do so at risk of being detained and seeing their efforts shut
          down. Roya Toloue, a Kurdish civil society activist, along with several colleagues,
          planned to establish an NGO called Kurdish Women for Peace and Human Rights.
          She told Human Rights Watch about the difficulties she faced in obtaining a permit
          to operate:
          In the last month of 2004, we started getting the necessary
          documentation together and submitted them to the office of the
          Kurdish governorship. They asked us several times to provide
          additional documents. In Kurdistan there was a conflict between the
          63 Human Rights Watch has obtained a copy of this letter which is now also available online. “Letter of Suffering,” Roozonline
          Daily, November 27, 2007, http://www.roozonLine.com/archives/2oo7/ 1 1/post_4974.php, (accessed March 21, 2007).
          64 “Iran: Kurdish Teacher Tortured, Sentenced to Death,” Human Rights Watch News Release, February 27, 2008,
          http://hrw.org/english/docs/2008/o2/27/iran l8 l55.htm.
          6s “Death Sentence of Kurdish Teacher and Activist Farzad Kamangar Upheld,” Deutsche Welle, July 14, 2008, http://www.dw-
          world.de/dw/article/o,2144,3484232,00.html (Accessed October 26, 2008).
          IRAN: KIJRDISH FREEDOMS 22
        
          
          governorship and the Ministry of Information over who should issue
          the permits. A white after the mandated time for reviewing our
          application passed, someone catted me and told me over the phone
          that I and Negin Sheikholeslami [ another member of the board] did not
          meet with approval. They weren't ready to announce this to me in
          writing, even though we had followed all of the required application
          procedures. 66
          Toloue told Human Rights Watch that she and her colleagues turned to publishing
          activities.
          We decided to put out a publication. We worked realty hard to find
          someone who would rent us their publishing permit, since the
          government would not grant us permission to publish on our own. We
          decided to carry on the goals of the NGO this way, by writing about
          women's issues and carry out our workshops at the office of the
          publication. We managed to put out the monthly Rasan despite many
          pressures, and we'd succeeded in making connections with women of
          various backgrounds, including women from villages. But I was
          arrested after only five issues came out. Of course when the security
          forces had figured out that I was involved in the project, they
          questioned the owner of the publication about why I had been chosen
          to be the editor. After the first issue came out, they said that our logo
          was feminist and told us to change it, which we did. After every issue,
          the office of the Ministry of Culture and Islamic Guidance in Kurdistan
          would issue warnings to us despite the fact that we always considered
          the law in whatever we wrote. 6
          The authorities accused Toloue of having connections with the summer 2005
          protests in Kurdish areas and charged her with “acting against national security
          through leading protests.” 68 A branch of the Revolutionary Court sentenced her to
          66 Human Rights Watch tetephone interview with Roya ToLoue, January 3, 2008.
          67 Human Rights Watch teLephone interview with Roya ToLoue, January 3, 2008.
          68 Human Rights Watch teLephone interview with Roya ToLoue, January 3, 2008.
          23 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          six years in prison on this charge, as well as that of “propaganda against the state
          and disrupting the public mind,” “being anti-revolutionary and an enemy of the
          state,” and being a member of the Komala party. A branch of the Revolutionary Court
          convicted her on charges of “acting against national security” and gave her a
          suspended five year prison sentence. She fled Iran after the authorities released her
          on ioo million toman (US $ioo,ooo) bail. 6
          The government has been hostile to NGO activities throughout Iran, and particularly
          in minority areas, on the pretext that they have political agendas — in itself not a
          legitimate reason to restrict their work. In September and October of 2007,
          authorities arrested Ronak Safarzadeh, 21, and Hana Abdi, 21 on charges of
          “endangering national security.” 70 The two women were active with the Azarmehr
          Society of Kurdish Women, a group that organizes capacity-building workshops and
          sports activities forwomen in Sanandaj and elsewhere in the province of Kurdistan. 71
          The two were also active in the One Million Signatures Campaign for Equality, a
          project to raise general awareness throughout Iran about and change discriminatory
          laws against women. 72 In statements to the press, a judge presiding over the case of
          the two women denied that their arrests stemmed from their involvement in these
          projects, and instead claimed that they cooperated with opposition groups “under
          the cloak of civil society organizations.” 73 To date, the authorities have not offered
          any evidence to support these allegations. On June 19, Branch Two of the
          Revolutionary Court in Sanadaj convicted Abdi on charges of “gathering and
          colluding to commit a crime against national security,” and ordered that she serve
          five years in a prison in the city of Germi, in the largely Azeri province of Ardbil. In
          October 2008, an appeals court reduced Abdi's sentence to eighteen months. 74
          69 Human Rights Watch telephone interview with Roya Toloue, January 3, 2008.
          70 Iran: Suspend Heavy Sentence for Women's Rights Activist,” Human Rights Watch news release, November io, 2007,
          http://hrw.org/english/docs/2007/n/ lo/iran l73o2.htm. We shouldn't be citing ourselves normally as the sole source.
          71 Iran: Suspend Heavy Sentence for Women's Rights Activist,” Human Rights Watch news release, November io, 2007,
          http://hrw ,org/english/docs/2007/11/ lo/iran l73o2 ,htm ,
          72 Iran: Suspend Heavy Sentence for Women's Rights Activist,” Human Rights Watch news release, November io, 2007,
          http://hrw.org/english/docs/2007/11/ lo/iran l73o2.htm.
          “Anti-Revolutionary Exploit civil Society Organizations,” BBC News Service, December i6, 2007
          . co.uk/persian/iran/story/2007/12/o712 16_mv- pejak-women.shtml, (accessed December 17, 2007).
          “ “Updates on Prison Sentences, Detention, and Imprisonment of Women's Rights Activists,” Website of the One Million
          Signatures campaign, October 12, 2008, http://www.change4equality.org/english/spi P. php?articte37o (accessed October 26,
          2008).
          IRAN: KIJRDI5H FREEDOMS 24
        
          
          Prosecutors also accused Safarzadeh of the more serious charge of “enmity with
          God.” Her trial on this charge has not yet concluded at the time of writing. However,
          the court found her guilty on a new charge of illegally crossing borders and
          possessing illegal satellite equipment. 75
          As noted, even in cases where NGOs manage to obtain the preliminary permits to
          establish an organization, they often face difficulties in securing additional permits
          necessary to carry out various functions, such as workshops, seminars, and festivals.
          Given these obstacles, some NGOs have chosen to engage in activities without
          applying for permits.
          Bahram Valad-Beigi, the Kurdish journalist profiled earlier, is also a civil society
          activist who faced government persecution for his political work (see above section
          on the suppression of free expression). In 2000, Valad-Beigi founded the Tehran-
          based Cultural Institute of Kurdistan, with the aim of building links amongthe Kurds
          of Iran, Iraq, and Syria. 76 Despite receiving the required permits from the Ministry of
          Culture and Islamic Guidance, Valad-Beigi faced difficulties in obtaining additional
          permits for routine activities.
          In general it is very difficult to obtain permits for conferences and
          cultural seminars in Tehran. Over the last eight years, in Teh ran, we've
          made numerous requests for permits to organize various events and
          conferences, but we only succeeded twice. There is a negative attitude
          towards our activities as Kurdish cultural and political activists. And
          this attitude seems to be the basis for the decisions they make about
          our activities. They ignore our rights and consider us second class
          citizens and think about us in political and security terms in a way that
          makes a Kurdish person regret living here. We believe Iran belongs to
          all Iranians. It shouldn't be the case that all of the resources are
          available to certain people, and others are neglected and have their
          legal activities denied because of illogical and unclear reasons.
          Ibid.
          Human Rights Watch teLephone interview with Bahram Valdbeigi, December i , 2007.
          Human Rights Watch emait correspondence with Bahram Valdbeigi, December 19, 2007.
          25 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          Religious Gatherings and Groups
          In addition to excluding Sunni Kurds from top government posts, the authorities
          have persecuted those Kurds active in Sunni religious movements. The Maktabe
          Koran (Quran School, in the sense of a school of thought), founded in 1978 by
          Ahman Moftizadeh, is one such movement. In 1983, authorities arrested Moftizadeh
          and a court later sentenced him to ten years in prison. The specific charges against
          him were never known. At the time the government often accused Kurdish religious
          and political activists of “endangering national security through separatist activities”
          but did not always bring formal charges. As a religious leader who called on the
          government to respect the rights of Kurds, it is likely that the charges against him
          were similar to those of other Kurds persecuted at the time. Moftizadeh died in 1993,
          only three months after his release from jail. 78
          On October 14, 2007, security forces in the city of Bukan, in Kurdistan province,
          arrested several followers of the Maktabe Koran while they were gathered to
          celebrate the final nights of the holy month of Ramadan. 79 Four months after this
          incident, on January 6, 2008, security forces arrested Maktabe Koran follower
          Abdullah Fazi in his home without providing any reason. 8 °
          Security forces have also harassed Sunni clerics critical of the ruling government.
          Ayoub Ganji is one such cleric. In January 2008, Ganji disappeared, shortly after
          delivering a Friday sermon in San dandaj in which he criticized the government's
          arbitrary exclusion of candidates from upcoming parliamentary elections and
          condemned the death in custody of Ibrahim Lotfollahi (see below). 3 1
          Throughout the thirteen days Ganji was missing, local officials denied responsibility
          for his apprehension and claimed that they had no information as to his
          whereabouts. After members of his mosque and other locals threatened to carry out
          78 Official website of Moftizadeh, http://maktabquran.com/edindex.html, (accessed March 24, 2008).
          “The Arrest of Maktabe Koran Followers in Bukan,” Gooya Newsletter,
          https://news.gooya.com/politics/archives/2007/ lo/o63877print.php, (accessed October 15, 2007).
          8 °”The Arrest of Abdollah Fazi, One of the Followers of Maktabe Koran,” Gooya Newsletter,
          http://news.gooya.com/politics/archives/2008/o2/o6766oprint.php, (accessed February 6, 2007).
          Bi “The Arrest of a cleric from Sanandaj,” Gooya Newsletter,
          http://news.gooya.com/politics/archives/2008/o l/o67439print.php, (accessed January 29, 2008).
          IRAN: KURDISH FREEDOMS 26
        
          
          mass demonstrations in protest, an unknown car dropped Ganji off in the city of
          Sanandaj. He was not in good physical condition, and he reportedly still suffers from
          amnesia and hallucinations. 82
          Student Organizations
          Like elsewhere in Iran, student activists in Kurdish areas often face charges of
          “acting against national security.” Authorities also accuse students of endangering
          national security by “working with opposition parties.”
          One way authorities suppress student activism is through the university disciplinary
          committees, which have the authority to expel or transfer students to other
          universities. 8 These committees have a record of using their powers to punish
          students for peaceful political activities. 8
          Souren Hosseini, head of the Democratic Student Union, an organization for Kurdish
          students headquartered in Sanandaj and with branches on campuses throughout
          Iran, is an example of a student who faced punishment and persecution for his
          activism. In May 2005, Hosseini and several others applied to the Kurdistan
          provincial government for a permit to form a student union, but three years later they
          have yet to receive a response. On December 14, 2006, the university disciplinary
          committee expelled him from campus on charges of “disturbing the public mind” for
          organizing campus protests and transferred him to a university in the city of
          Dehghan. 85 The university also banned the student union's publication, Hare!
          (Praise-Giver). Hosseini told Human Rights Watch that he had no knowledge he was
          82 Human Rights Watch email correspondence with Kurdish journalist (name withheld on request), February 8, 2008.
          8 Article 3 of Bylaws of the Student Disciplinary Committees of the Islamic Republic outlines the membership of the
          committees as follows: the dean of students as the head of the committee; the director of the Supreme Leader's
          representative office on campus; a member of the scientific council chosen by the president of the university; two students
          chosen by the president of the university, and the deputy of the committee chosen b ythe head of the committee.
          84 Human Rights Watch, “Denyingthe Right to Education, “October 2006,
          http://www .hrw .org/backgrounder/mena/iransoo6/.
          8s See “Bylaws of the Student Disciplinary Committees of the Islamic Republic, Ratified by the 358 Session of the High Council
          of the Cultural Revolution,” Official Website of the University of Tabriz, http://www.tabrizu.ac.ir/show.asp?id=61, (Accessed
          May 5, 2008).
          27 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          under suspicion and had no chance to defend himself against the allegations before
          the university handed down its decision. 86
          Yasser Goli is another member of the Democratic Student Union punished for his
          participation in peaceful political activities. In September of 2006, the
          administration of the Azad University of Sanandaj banned him from continuing his
          studies as punishment for his political activism. 8
          In October 2007, authorities arrested Goli outside Sanandaj University on charges of
          “acting against national security.” Harassment extended to members of Goli's family
          as well. Three weeks after his arrest, Goli's father, Saleh, went to a court in Sanandaj
          to inquire about his son. The prosecutor ordered Saleh Goli's arrest without
          providing any reasons. 88 In December 2007, Yasser Goli's brother Amar reported
          receiving threatening phone calls after he gave an interview to the activist student
          news service, AmirKabirNewsIetter. 8 In January 2008, security forces in Sanandaj
          summoned Fatemeh Goftari, the mother of Yasser Goli, for questioning. Upon her
          arrival, the security forces arrested her on the orders of Branch 4 of the Revolutionary
          court. 9 ° Other than Yasser Goli's mother, who was active with the One Million
          Signatures to End Discriminatory Laws Campaign of the women's movement, Goli's
          other family members had no background in political or social activism.
          86 . - - - -
          Human Rights Watch telephone interview with Souren Hosseini, March 13, 2008.
          87 “A Student Activist has been detained in Sanandaj,” Peyke Iran, October 11, 2007,
          http://www.peykeiran.com/iran_news_body.as px?I D=43987, accessed March 21.
          88 “The Arrest of the father of Yasser Goti,” Gooya Newsletter,
          http://news.gooya.com/potitics/archives/2oo7/1o/o64512.php, (accessed November 31, 2007).
          89 “Amar Goli threatened for giving interviews and providing information about the situation of his brother,” Gooya Newsletter,
          http://news.gooya.com/potitics/archives/2oo7/12/o66o68.php, (accessed December 17, 2007).
          9O , .
          Fateme Goftari, the mother of Yasser Goti, is arrested, Peyke Iran NewsLetter,
          http://peykeiran.com/iran_news_body.aspx.?I D =46615, (accessed on January 14, 2008).
          IRAN: KURDiSH FREEDOMS 28
        
          
          VI. Legal Standards
          Freedom of Expression in InternationaL Human Rights Law
          Freedom of expression is a basic human right, set out in Article 19 of the
          International Covenant on Civil and Political Rights (ICCPR). Iran was one of the first
          countries in the world to ratify the ICCPR, in 1975 (it entered into force in 1976).91
          Article 19 guarantees all individuals the “freedom to seek, receive and impart
          information and ideas of all kinds, regardless of frontiers, either orally, in writing or
          in print, in the form of art, or through any other media.” 92 The UN Human Rights
          Committee, which monitors state compliance with the ICCPR, has stated that “the
          legitimate objective of safeguarding and indeed strengthening national unity under
          difficult political circumstances cannot be achieved by attempting to muzzle
          advocacy of multi-party democracy, democratic tenets and human rights.” 93
          Freedom of Expression in Iranian Law
          Iranian laws ostensibly protect freedom of expression and thought, albeit with broad
          exceptions. Article 23 of the constitution states that “the investigation of individuals'
          beliefs is forbidden, and no one may be molested or taken to task simply for holding
          a certain belief.” Article 24 ensures the freedom of the press, with the broad
          exception of cases the authorities consider “detrimental to the fundamental
          principles of Islam or the rights of the public.” 95
          Article i of Iran's Constitution designates Persian as the “official and shared
          language of Iran” but allows for the “use of local and ethnic languages in groups'
          91 International covenant on civil and Political Rights (IccPR), adopted December i6, 1966, G.A. Res. 2200A (XXI), 21 U.N.
          GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force March 23, 1976.
          92 art. 14.
          Womah Mukongv. cameroon, communication No. 458/1991, U.N. Doc. CCPR/ c/51/D/458/1991 (1994) paragraph 9.7
          “ constitution of the Islamic Republic of Iran, adopted October 23, 1979, amended July 28, 1989, art, 23.
          constitution of the Islamic Republic of Iran, adopted October 23, 1979, amended July 28, 1989, art, 24.
          29 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          press and media and teaching of their literature in schools alongside Persian.” 6
          Article 19 of the Constitution states that “the people of Iran, no matter what ethnicity
          or tribe, have equal rights, and attributes such as color or race or language will not
          be a reason for privilege.” 97 Despite these provisions, the cases covered in this
          report show that the editors and writers of Kurdish publications face violations of
          rights guaranteed by Iran's constitution and Press Law.
          Article 9 of the constitution contains two seemingly contradictory provisions. On the
          one hand, it endorses prima facie violations of international human rights law and
          allows no option for balancing individual rights of freedom of expression or
          association with legitimate security considerations when it states, “No individual,
          group, or authority, has the right to infringe in ti m s/i:qhtest wayupon the political,
          cultural, economic, and military independence or the territorial integrity of Iran under
          the pretext of exercising freedom.” The article goes on to state that “no authority has
          the right to abrogate legitimate freedoms, not even by enacting laws and regulations
          for that purpose, under the pretext of preserving the independence and territorial
          integrity of the country.” 8 The authorities often rely on the first part of Article 9 to
          justify restricting freedom of speech in the Kurdish regions, while disregarding the
          same article's prohibition on undue restrictions.
          Iran's Press Law and security laws arbitrarily limit speech protected under
          international human rights law. Article 6 of the Press Law, ratified in 1986, echoes
          the constitution's ban on publications that “violate Islamic principles and codes and
          public rights.” 99 In 2000, the Maj les (parliament) amended Article 6 to include
          “private rights,” thereby expanding the scope of material the government may
          suppress. (Private rights govern individuals' business and family relationships.) In
          2000, the parliament passed legislation that made all eLectronic publications
          subject to Iran's Press Law, thus allowing the government to expand its restrictions
          to include online content. 10 °
          96 constitution of the Islamic Republic of Iran, adopted October 24, 1979, amended July 28, 1989, art. 15.
          constitution of the Islamic Republic of Iran, adopted October 24, 1979, amended July 28, 1989, art. 19.
          98 constitution of the Islamic Republic of Iran, adopted October 23, 1979, amended July 28, 1989, art, 9 (emphasis added).
          Iran Press Law, ratified on March 19, 1986, art. 6.
          100 Iran Press Law, ratified on March 19, 1986, amended on April 18, 2000.
          IRAN: KURDISH FREEDOMS 30
        
          
          The scope of Article 6 gives authorities broad Legal cover to suppress freedom of
          expression. Section i prohibits publication of material that is “atheistic or contrary to
          Islamic codes, or promote subjects which might damage the foundation of the
          Islamic Republic.” 101 Section 4 outlaws material that “creates discord between and
          among social walks of life, especially by raising racial issues.” 102 Section 9 outlaws
          “quoting articles from the deviant press, parties, and groups which oppose Islam
          (inside and outside the country) in such a manner as to propagate such ideas.” 103
          Section 12 prohibits publishing anything critical of the constitution.
          Article 2 of the Press Law “endeavor [ s] to prevent ... pitting different groups of the
          community against each other by dividing people by race, language, customs, local
          traditions, and...” 104 Publications in local languages such as Kurdish or Azeri should
          be permissible, provided that the publication does not aim to “divide people based
          on their language” and the publisher obtains permission to publish from the Ministry
          of Culture and Islamic Guidance. Authorities increasingly, particularly since the
          beginning of the Ahmadinejad administration, present violations of Article 2 as
          national security issues, including “endangering national security” or “disrupting
          public order” in the charges it brings against journalists in Kurdish areas. 105
          Authorities may try press related offenses in general courts (the general courts
          include, among others, all penal and civil courts), Revolutionary Courts, clerical
          courts, or military courts.b 06 According to Article 3 4 of the Press Law, all press-related
          offenses must be tried in “public courts in the presence of a jury.” 107 Article uS of the
          Code of Criminal Procedures also affirms that trials must be held in public with the
          exception of cases that pertain to “chastity,” “family issues or private disputes per
          the request of both sides,” or cases where a “public prosecution would disrupt
          101 Iran Press Law, ratified on March 19, 1986, amended on April 18, 2000, art. 6.
          102 Iran Press Law, ratified on March 19, 1986, amended on April iS, 2000, art. 6.
          103 Iran Press Law, ratified on March 19, 1986, amended on April 18, 2000, art. 6.
          104 Iran Press Law, ratified on March 19, 1986, amended on April 18, 2000, art. 2.
          105 For further analysis Iran's security laws and the government's sweeping application of these Laws in suppressing civil
          society activists in Iran, see Human Rights Watch, “You Can DetainAnyone forAnything: fran 's Broadening Clampdown on
          lndependentActivisms, “January 2008 VoLume 20, No. i(E), http://hrw.org/reports/2008/irano lo8/.
          106 Iran Press Law, ratified on March 19, 1986, amended on April 18, 2000.
          107 1ran Press Law, ratified on March 19, 1986, amended on April 18, 2000, art. 34.
          31 HUMAN RIGHTS WATcH JANUARY 2009
        
          
          security or religious feelings. boS The government prosecuted most press-related
          cases in Kurdish areas in closed sessions, often in Revolutionary Courts, without the
          presence of a jury. 109
          To restrict publishing activities in Kurdish areas through prosecutions and
          convictions in the Revolutionary Courts, the government relies especially on Article 9
          of the Press Law, which bars from any publishing activities members and supporters
          of anti-revolutionary or illegal groups or those convicted in the Revolutionary Courts
          on charges of anti-revolutionary activities or acting against national or international
          security and also those who act or spread propaganda against the system of the
          Islamic Republic of Iran. ”°
          Freedom of Association in International Human Rights Law
          The right to freedom of association is also well established in international law. The
          right to freedom of association may be restricted, but only on certain prescribed
          grounds and only when particular circumstances apply. According to Article 22 of the
          ICCPR:
          (i) Everyone shall have the right to freedom of association with others,
          including to form and join trade unions for the protection of his
          interest;
          (2) No restrictions may be placed on the exercise of this right other
          than those which are prescribed by law and which are necessary in a
          democratic society in the interests of national security or public safety,
          public order (ordre public), the protection of public health or morals or
          the protection of the rights and freedoms of others.
          io8 Code of the Criminal Procedure for the Courts of General Jurisdiction and Revolutionary Courts, Approved by the Islamic
          Consultative Assembly September 19, 1999, art. 118.
          109 Official website of the Iranian judiciary,  (accessed January i6, 2008).
          Revolutionary Courts were established in 1979 with the mandate to try crimes against national security, slandering the
          founder of the Islamic Republic and the Supreme Leader, and smuggling narcotics.
          110 Iran Press Law, ratified on March 19, 1986, amended on April 18, 2000, art. 9
          111
          ICCPR, art. 22.
          IRAN: KURDISH FREEDOMS 32
        
          
          The restrictions specified in Article 22(2) should be interpreted narrowly. For example,
          terms such as “national security” and “public safety” refer to situations involving an
          immediate and violent threat to the nation. “Necessary” restrictions must be
          proportionate: that is, carefully balanced against the specific reason for the
          restriction being put in place. 112
          Freedom of Association in Iranian Law
          Iran's constitution allows for the freedom of association, albeit with broadly stated
          exceptions. Article 26 states that freedom of association is granted except for those
          who “violate the principles of independence, freedom, national unity, the criteria of
          Islam, or the basis of the Islamic Republic.” 113
          Here, too, Iranian authorities primarily rely on the set of “security laws” in Iran's
          Islamic Penal Code to stifle freedom of association. 114 Article 498 outlaws the
          establishment of a group for the purpose of “disrupt [ ing] national security.” 115 Article
          4 99 sets prison terms of three to five months for anyone who participates in such
          groups, unless the person can prove that he or she had no knowledge of its goals.11 5
          Article 500 sets prison terms of three months to one year for anyone who “in any way
          undertakes propaganda against the state of the Islamic Republic of Iran or
          undertakes propaganda forthe benefit of group or institutions against the state.” 117
          Iran's Security Laws arbitrarily limit freedom of association protected by Article 22 of
          the International Covenant on Civil and Political Rights. Article 22 states that
          “everyone shall have the right to freedom of association with others.” 118
          112 See Manf red Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (Kehl am Rein: N.P. Engel, 1993),
          pp.386-387.
          113 Constitution of the Islamic Republic of Iran, adopted October 23, 1979, amended July 28, 1989, art. 26.
          114 Islamic Penal Code, Book Five, State Administered Punishments and Deterrents, ratified May 9, 1996.
          Islamic Penal Code, Book Five, State Administered Punishments and Deterrents, ratified May 9, 1996, art. 498.
          116 Islamic Penal Code, Book Five, State Administered Punishments and Deterrents, ratified May 9, 1996, art. 499.
          Islamic Penal Code, Book Five, State Administered Punishments and Deterrents, ratified May 9, 1996, art. 500.
          118 ICCPR, art. 22.
          33 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          Human Rights Watch has previously documented how the authorities construe these
          broadly-worded security laws to suppress the activities of a broad range of civil
          society activists in Teh ran. 119 The government uses essentially the same mechanisms
          to suppress activities by critics in the country's Kurdish areas and persecute those
          activists who promote or engage in those activities.
          Minority Rights in International Human Rights Law
          Article 27 of the ICCPR states that “In those States in which ethnic, religious or
          linguistic minorities exist, persons belonging to such minorities shall not be denied
          the right, in community with the other members of their group, to enjoy their own
          culture, to profess and practice their own religion, or to use their own language.” The
          1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic,
          Religious and Linguistic Minorities, adopted by the UN General Assembly, states, in
          Article 2(4): “Persons belonging to minorities have the right to establish and
          maintain their own associations.'” 2 ° This means that a state not only cannot prevent
          a minority from using its language; it is under a positive duty to ensure that a
          minority can set up associations and be able to publish in their language and
          practice their religion without discrimination. 121
          Minority Rights in Iranian Law
          The Iranian constitution includes provisions to protect the rights of linguistic, ethnic,
          and religious minorities. Article 12 establishes Islam, specifically the Twelver School
          of Shi'ism as the official religion of the country, but grants other Islamic schools “full
          respect, and their followers are free to act in accordance with their own
          jurisprudence in performing their religious rites.” 122 Article 13 grants religious
          freedom only to specifically “recognized religious minorities,” stating that
          “Zoroastrian, Jewish, and Christian Iranians are the only recognized religious
          I oo8/irano io8/index.htm
          120 Adopted by General Assembly resolution 47/135 of 18 December 1992
          121 See Human Rights committee, General comment No. 23: The rights of minorities (Art. 27): 08/04/94
          ccPR/c/21/Rev.1/Add.5
          122 constitution of the Islamic Republic of Iran, adopted October 23, 1979, amended July 28, 1989, art. 12.
          IRAN: KURDI 5H FREEDOMS 34
        
          
          minorities, who, within the Limits of the law, are free to perform their religious rites
          and ceremonies, and to act according to their own can on in matters of person al
          affairs and religious education.” 123
          Article 15 states that Persian is the official language of the country but stipulates that
          “the use of regional and tribal languages in the press and mass media, as well as for
          teaching of their literature in schools, is allowed in addition to Persian.” 124
          Article 19 states that “all people of Iran, whatever the ethnic group or tribe to which
          they belong, enjoy equal rights; color, race, language, and the like, do not bestow
          any privilege.” 125 Article 20 confirms equal protection under the law by stating that
          “all citizens of the country, both men and women, equally enjoy the protection of the
          law and enjoy all human, political, economic, social, and cultural rights, in
          conformity with Islamic criteria.” 126
          123 constitution of the Islamic Republic of Iran, adopted October 23, 1979, amended July 28, 1989, art. 13.
          124 constitution of the Islamic Republic of Iran, adopted October 23, 1979, amended July 28, 1989, art. 15.
          125 constitution of the Islamic Republic of Iran, adopted October 23, 1979, amended July 28, 1989, art. 19.
          126 constitution of the Islamic Republic of Iran, adopted October 23, 1979, amended July 28, 1989, art. 20.
          35 HUMAN RIGHTS WATcH JANUARY 2009
        
          
          Methodology
          Iran does not allow Human Rights Watch to visit the country for purposes of
          conducting research. Individuals inside Iran fear that their communications with
          foreign organizations is under surveillance by the government. Given these
          limitations, Human Rights Watch conducted interviews with thirteen Kurdish Iranian
          writers and activists in Iran, Europe, and North America via telephone, internet
          messenger services, and email. Human Rights Watch chose these persons to
          interview after consulting with prominent journalists and activists based in Iran's
          Kurdish areas or with recent experience working in the region. In many cases,
          activists and lawyers provided Human Rights Watch with scanned court official
          documents pertaining to the cases covered in this report.
          IRAN: KURDISH FREEDOMS 36
        
          
          Acknowledgements
          This report was researched by Roozbeh Mirebrahimi, a consultant to with the Middle
          East and North Africa (MENA) division of Human Rights Watch. Another consultant
          with the Middle East and North Africa division of Human Rights Watch, who requests
          anonymity, drafted the report. Joe Stork, deputy director of the Middle East and North
          Africa division, and lain Levine, Program director, provided editorial review. dive
          Baldwin, Senior Legal Adviser, provided legal review. Brent Giannota, associate with
          the Middle East and North Africa division, and Meg Reber and Fitzroy Hepkins
          provided production assistance.
          Human Rights Watch would like to thank the individuals in and outside Iran who
          agreed to be interviewed for this report. This report would not have been possible
          without their contributions.
          37 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          Appendix i
          IndividuaLs in Kurdish areas of Iran who faced persecution and
          restrictions as a result of their journaListic activities:
          1. Bahram Valad-Beigi, editor of the Persian and Kurdish-language newspaper As/it!
          newspaper (see main text).
          2. Barhan Lahooni, general manager of the Persian and Kurdish-language newspaper
          As/it! (see main text).
          3. Asu Saleh, journalist and member of the editorial board of the Persian and
          Kurdish-language newspaper D!dgah (see main text).
          4. Mohammad Saeed Kaboudvand, general manager of the Persian-language weekly
          Payam-e Mardom and the director of the Organization for the Defense of Human
          Rights in Kurdistan (see main text).
          . Adnan Hassanpur, journalist and member of editorial board of the Persian and
          Kurdish-language weekly Asou.
          6. Hiva Boutimar, environmental activist with Green Society of Marivan who
          published a weekly with this organization.
          7. EjIal Ghavami, journalist and member of the editorial board of the Persian-
          language weekly Payain-e Mardoin.
          8. Aku Kurdnasb, manager of news section of the Persian and Kurdish-language
          weekly Karaftoo.
          9. Abdullah Sohrabi, owner of the Persian and Kurdish-language weekly Roojb Ha/at
          10. Reza Alipour, journalist and member of editorial board of the Persian and
          Kurdish-language weekly Rooj/i Ha/at
          ii.Saman Soleimani, journalist and member of editorial board of the Persian and
          Kurdish-language weekly Rooj/i Ha/at
          12. Tonia Kaboudvand, journalist and manager of the women section of the Persian-
          language weekly Payani-e Mardoni.
          13. Namu Hedayati, journalist and member of editorial board of Payatn-eMardotn.
          14. Kaveh Hosseinpanah, journalist and member of editorial board of Payain-e
          Mardom.
          IRAN: KURDISH FREEDOMS 38
        
          
          15. Jahangir Hashemi, journalist and member of editorial board of Payam-eMardom.
          i6. Jamshid Vaziri, journalist and member of editorial board of Payam-eMardom.
          17. Majid Mohammadi, journalist and member of editorial board of Payam-e Mardom.
          18. Cyrus Ebadi, journalist and member of editorial board of Payam-eMardom.
          19. Hassan Sheikhabadi, journalist and member of editorial board of Pa,vam-e
          Mardom.
          20. YousefAziz, journalist and member of editorial board of Payam-e Mardom.
          21. Saman Rasulpour, journalist and human rights activist. (see main text).
          22. Madeh Ahmadi, journalist.
          23. Saeed Saedi, journalist.
          24. Farhad Aminpour, journalist and member of editorial board of the Persian and
          Kurdish-language weekly Rooj/i Ha/at
          25. Roya Toloue, editor of the monthly Persian and Kurdish-language monthly Rasan.
          26. Hossein Ahmadiniyaz, general manager of the Persian and Kurdish-language
          weekly Asu.
          27. Jalil Azadikhah, editor of Asu.
          28. Sadigh Minayee, journalist with Asu.
          29. Ghorban Abbasi, a journalist with the publication Persian language Farday-eMa.
          30. Yousef Pirboudaghi, journalist Farday-e Ma.
          31. Ibrahim Darvishali, reporter for Kurdistan TV channel.
          32. Leila Madani, general manager of the weekly Persian and Kurdish-language
          Karaftoo and member of the Kurdish Writers Association.
          33. Soleiman Bayazidi, member of the editorial board of the weekly the Persian and
          Kurdish-language weekly Payam-e Kurdistan.
          34. Feyzallah Pin, journalist and member of the editorial board of the publication
          Sliwan, a Persian and Kurdish-language weekly owned by Kurdistan municipalities.
          35. JalalJalalizadeh, manager of Sirwan.
          36.Tofigh Rafiyee, director of Sirwan.
          37. Kaveh Javanmard, journalist with the weekly Persian and Kurdish-language
          Kara [ too.
          38. Omid Ahmadzadeh, journalist from Sanandaj who worked with the Persian and
          Kurdish-language weekly papers Asu and Didgab.
          39 HUMAN RIGHTS WATCH JANUARY 2009
        
          
          Appendix 2
          Individuals in Kurdish areas of Iran who faced persecution and
          restrictions as a result of writing or publishing books:
          1. Shahram Ghavami, novelist in Sanandaj (see main text).
          2. Behzad Khoshali, writer and researcher from Saghz (see main text).
          3. ALi Ahmadi, writer of book on religion.
          4. Saeed Ahmadi, writer of book on religion.
          . Hadi Ahmadi, writer of book on religion.
          6. Zeinab Yusefi, writer and translator from San andaj.
          7. Chanwar Fathi, writer and translator from Saghz
          IRAN: KURDISH FREEDOMS 40
        
          
          Appendix 3
          Individuals who have been arrested and/or have cases pending against
          for their peaceful activities with the Organization for the Defense of
          Human Rights in Kurdistan
          1. Sadigh Kaboodvand, founder (see main text).
          2. Farzad Kamangar (see main text).
          3. Heman Mahmoudi.
          4. Borhan Ghesali.
          5. Pouriya Mafrah.
          6. Saman Rasoulpour (see main text).
          7. Zeinab Beyzidi.
          8. Navid Fathi.
          9. Rahman Eslani.
          10. Ghafoor Mohmmadi.
          ii. Kajhal Mohammadi.
          12. Leila Kharazi.
          13. Aziz Abdoflahi.
          14. Shirko Jahani.
          15. KhaLid Ghobadi.
          41 HUMAN RIGHTS WATCH JANUARY 2009
        

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