Joint Communication to the UN Commission on the Status of Women

July 30, 2021

Communication Submission: Pattern of Persecution of Iranian Women Rights Defenders

To the Esteemed Members of the Commission on the Status of Women;

We write to alert you to the ongoing pattern of arbitrary arrests and detention of women human rights defenders in Iran, and the more recent disturbing trend of banishing them to exile in remote prisons. While upwards of 500 women are arbitrarily detained in Iran, this submission focuses on emblematic cases to illustrate the broader trends of injustice against women rights defenders. These women are generally charged with some of the most serious crimes under Iran’s Islamic Penal Code for nothing other than their peaceful activism leading the struggle for a more just, equal, and sustainable future for all Iranian citizens.

We wish to underscore the urgency in seeking the unconditional release of these women, whose lives are at immediate risk, as the country suffers a fifth wave of COVID-19, exacerbated by nationwide water and electricity shortages. Imprisoned human rights defenders are specifically excluded from Iran’s temporary release programs, despite the Iranian judiciary purportedly boasting the temporary release of an unverifiable 100,000 prisoners during the pandemic.^[1] There is currently a COVID-19 outbreak in Evin Prison’s Women’s Ward, infecting a number of political prisoners, including Nahid Taghavi, a 66-year old German-Iranian with pre-existing health conditions awaiting sentencing on national security charges after years of advocating for women’s rights.^[2] On July 17, 2021, Aliyeh Motallebzadeh, a women’s rights activist, leaked an audio note from Evin prison, decrying the dire COVID-19 outbreak in its women’s ward, where most inmates are showing symptoms. When three of the women tested positive for COVID-19, including the environmentalist, Sepideh Kashani, writer Mozhgan Kavousi, and Nahid Taghavi, they were locked in a cell together and denied medical treatment or calls with their families. In the audio message, Motallebzadeh desperately laments that “it seems they put us here to die.” Raheleh Ahmadi, another women’s rights campaigner, was denied calls or furlough to be with her dying mother, and was only permitted to attend her mother’s funeral after the release of the audio note. Due to the international attention raised by the audio message, some of the women were temporarily released to recover at home.

During the pandemic, Iranian authorities have deliberately endangered the lives of imprisoned women rights defenders by confining them to facilities already highly susceptible to the spread of communicable disease and infection and adding punitive measures to their prison terms. Prisons in Iran have been woefully neglected during the pandemic, despite suffering from overcrowding, unsanitary conditions, poor ventilation, and severe resource shortages, including a lack of clean water, adequate food, and medical supplies. In 2020, the government ignored repeated letters from senior officials responsible for managing Iran’s prisons, urgently seeking resources to prevent and contain the spread of COVID-19 and treat patients.^[3] During the pandemic, political prisoners have therefore been forced to pay for necessities at prohibitive costs, while the Iranian government has yet to announce any vaccine roll-out for prisoners.

At the same time, the authorities are increasingly banishing women rights defenders to prisons far removed from their place of residence, inflicting further psychological suffering on their families by depriving them of their ability to visit their loved ones. The UN Secretary General’s report on Iran’s human rights situation this year specifically documented and highlighted “the punitive transfer of prisoners of conscience, including at least 15 detained women’s rights defenders.”^[4]

The Iranian government has demonstrated no sign of cooperation on implementing its commitments under the Beijing Declaration and Platform for Action, the global blueprint for advancing gender equality and women’s empowerment unanimously adopted by 189 countries. To the contrary, the current government is actively engaged in preventing progress in these areas by aggressively targeting, abducting, intimidating, and torturing women leaders at home and abroad, in complete disregard of international norms. Recently, the State of Iran attempted to kidnap the US-based Iranian-American journalist and rights advocate Masih Alinejad along with unnamed activists in Canada and the UK, extending its repression extraterritorially. For her activism empowering Iranian women to civilly disobey the country’s mandatory hijab law, her brother, Alireza Alinejad, was also sentenced to eight years in prison on trumped-up national security charges in July 2020.[5]

While Evin prison may be the most well-known for detaining political prisoners, women rights defenders are increasingly being sent to prisons with harsher conditions. Gharchak prison for women is of particular concern, infamous for having the worst prison conditions in Iran, where over 1,000 women are confined to a former livestock warehouse in ten-meter, windowless cells with at least 11 other inmates. The prison is unfit for human habitation, with no proper ventilation, clean air, drinkable water, or adequate food or medicine.^[6] The prison is surrounded by agricultural land, where farmers engage in field burning, causing an acrid and grotesque stench and smoke to engulf Gharchak’s prisoners. Between the field burning and poorly installed sewage system, prisoners are constantly facing difficulty breathing. Within the prison, women are forced to comply with a strict dress code, including the mandatory hijab and a ban on short sleeves, in a space where temperatures reach 46/47 degrees Celsius in the summer months. Moreover, political prisoners are held in the same cells as inmates convicted of violent crimes, in violation of Iranian and international law.^[7]

Since March 2019, the president-elect Ebrahim Raisi, as judiciary chief, has been responsible for directing Iran’s State Prisons’ Organization. During his tenure, he has presided over the escalating persecution of women rights defenders and the deaths in state custody of at least three political prisoners.^[8]

The following emblematic cases demonstrate the growing persecution of imprisoned women rights defenders across Iran.[9] These women are being persecuted and subjected to arbitrary detention and torture for their work advancing the very goals outlined in Iran’s Constitution, including “the abolition of all forms of undesirable discrimination… [and] securing the multifarious rights of all citizens, both women and men, and providing legal protection for all, as well as the equality of all before the law.”^[10]

 

Nasrin Sotoudeh

Nasrin Sotoudeh is a renowned human rights lawyer, one of the few active in a profession under threat in Iran. For three decades, Ms. Sotoudeh has tirelessly represented innocent children on death row, journalists, opposition leaders, religious minorities, public demonstrators, environmentalists, and women’s rights defenders, including Nobel Peace Prize laureate, Dr. Shirin Ebadi, among countless others.

In September 2010, Ms. Sotoudeh was first arbitrarily detained and sentenced to six years in prison for representing human rights defenders.^[11] Due to an international outcry, she was released in September 2013. During her detention, she was held in solitary confinement for prolonged periods of time and denied access to legal counsel and her family. On June 13, 2018, she was again arrested to serve a five-year prison sentence issued in absentia in 2016 for “espionage in hiding.” On August 26, 2018, the authorities added charges against her, a reprisal for the hunger strike she began a day earlier protesting the harassment and pressure against her and her family. On March 11, 2019, Ms. Sotoudeh was sentenced to 33.5 years in prison and 148 lashes on an additional seven charges on top of the five-year sentence in absentia.^[12] The charge entailing a 12-year prison sentence of “encouraging and promoting prostitution” was based on her defence of women involved in a feminist movement (“The Girls of Revolution Street”) who were charged for removing their headscarves in public. The other charges were based on her membership in a group that peacefully advocates against the death penalty; “conducting interviews with foreign media;” participating in peaceful gatherings; signing a public statement regarding a referendum; giving a speech outside of a UN office; and appearing in public without the hijab. In December 2020, the court commuted her sentence to 27 years, of which she must serve at least 10, and repealed the 148 lashes. The UN Special Procedures have unequivocally asserted that the “evidence suggests Ms. Sotoudeh’s imprisonment, both now and in the past, is state retaliation for her tireless work defending human rights.”^[13]

Since her most recent arrest, Ms. Sotoudeh has gone on four prolonged hunger strikes— the latter lasting 46 days, protesting the persistent denial of legal rights and remedies to political prisoners and demanding their release during the pandemic. Following her last hunger strike, she was briefly hospitalized with heart complications and difficulty breathing, where she was monitored and abused by a 24-hour security team and returned to Evin without receiving the urgent medical treatment she required. Prison officials then advised Ms. Sotoudeh that she would be sent back to the hospital for the urgent medical procedure, but instead transferred her to Gharchak prison in a ward suffering from a COVID-19 outbreak. As a result, on November 10, Ms. Sotoudeh tested positive.

UN experts, international organizations, and world and religious leaders, including Pope Francis, US President Joe Biden, and French President Emmanuel Macron, among others, have repeatedly called for Ms. Sotoudeh’s release, to no avail. Over the course of her imprisonment, the authorities have inflicted further suffering on Ms. Sotoudeh by targeting her family. The authorities arrested her husband, Reza Khandan, in 2018 and later sentenced him to six years in prison for posting updates about Ms. Sotoudeh’s case, and briefly detained her 20-year-old daughter, Mehraveh, in August 2020 to pressure Ms. Sotoudeh to end her most recent hunger strike. In May 2020, the authorities froze Ms. Sotoudeh’s bank accounts, which remain frozen to this day, despite repeated appeals by the family to reverse the baseless punitive measure. Given Ms. Sotoudeh’s heart condition, her continued imprisonment in Gharchak poses a grave threat to her health.

 

Narges Mohammadi

Narges Mohammadi is an independent journalist, human rights defender, and the deputy director of the Defenders of Human Rights Centre (DHRC), a human rights organization headed by Nobel Laureate, Dr. Shirin Ebadi. Mohammadi’s advocacy has focused largely on the abolition of the death penalty in Iran and the rights of political prisoners.

As a result of her activism, Ms. Mohammadi has long been the target of State persecution. Since 2009, she has been barred from travelling abroad and arrested a number of times for her advocacy. In September 2011, she was sentenced to 11 years in prison for “acting against national security,” “propaganda against the State,” and “membership in the banned DHRC.” ^[14]  In June 2012, she was released after being hospitalized and deemed unfit to serve the remainder.[15]

In 2015, she was again arrested and charged with the similar, tired charges of “assembly and collusion against national security,” “propaganda against the state,” and “membership in the Step by Step to Stop the Death Penalty (LEGAM)” group.^[16] During her time in prison, she embarked on at least two hunger strikes, the second of which was conducted alongside British-Iranian prisoner, Nazanin Zaghari-Ratcliffe, in response to their denial of adequate medical care. On October 8, 2020, she was released due to sustained international advocacy. On December 25, 2019, Ms. Mohammadi was physically abused and, hands bloodied, was forcibly transferred to Zanjan prison, about 300 km from Tehran, for merely participating in a peaceful sit-in in solidarity with the victims of the November 2019 extrajudicial killings by the State.[17]

In June 2021, intelligence agents harassed and beat Ms. Mohammadi on her way to visiting victims of human rights abuses.^[18] On May 19, 2021, Ms. Mohammadi was sentenced in absentia to 30 months in prison and 80 lashes on the charges of “spreading propaganda,” “defamation,” and “rebellion against prison authorities” for simply making statements against the death penalty; staging the December sit-in; and speaking out against prison authorities for torturing her.^[19] On May 27, 2021, Ms. Mohammadi hosted an online group discussion on the Clubhouse app regarding widespread rape and sexual abuse committed by prison officials and interrogators, and opened up about her own experience when she was violently exiled to Zanjan.

 

Atena DaemiAtena Daemi is a women’s and children’s rights defender, who has also campaigned against the death penalty. On May 14, 2014, she was sentenced to 14 years in prison on national security charges and “insulting the leader or founder of the Islamic Republic of Iran” for social media posts criticizing Iran’s execution record, distributing anti-death penalty leaflets, meeting with political prisoners’ families, condemning the 1988 mass executions, listening to Iranian rapper Shahin Najafi, and attending peaceful demonstrations, including protesting the unjust execution of Reyhaneh Jabbari. In September 2016, the Court of Appeals reduced her sentence to seven years. On November 26, 2016, she was arrested, beaten, and subjected to pepper spray by Revolutionary Guards agents.[20] In April 2017, the authorities added 91 days to her sentence and sentenced her sisters to 91 days each as a reprisal for Ms. Daemi’s excessive force complaint against the agents who violently arrested her. As a result, on April 11, 2017, she began a 54-day hunger strike, which ended after the 91-day sentences against her and her sisters were dropped. In February 2018, Ms. Daemi joined Golrokh Ebrahimi Iraee on a hunger strike protesting their transfer from Evin to Gharchak prison and ill-treatment there. On December 28, 2019 she was transferred to solitary confinement for participating in the peaceful December sit-in with other women rights defenders, where she was physically abused and denied medical treatment.[21]

In June 2020, a month before her scheduled release, she faced new charges. On July 2, 2020, she was sentenced to two additional years in prison and 74 lashes. In February 2021, the Supreme Court rejected her request for a retrial. On March 16, 2021, she was abruptly transferred from Evin to Lakan Prison in Rasht, northern Iran, a 4.5 hour journey from her parents’ home.[22] In prison, she has tirelessly campaigned for prisoners’ rights and the release of political prisoners, despite being repeatedly denied timely medical care, held in solitary confinement for months at a time, and hospitalized as a result of solitary confinement.

 

Golrokh Ebrahimi Iraee

 Golrokh Ebrahimi Iraee is a writer who has been imprisoned since October 2016 for an unpublished story depicting a protagonist’s opposition to death by stoning for adultery, a form of capital punishment in Iran, and Facebook posts about former political prisoners. She was first arrested in 2014 during a raid on her home targeting her husband, Arash Sadeghi, when the authorities found the fictional story. In 2015, after being tried in absentia due to illness, she was sentenced to six years in prison for blasphemy and “spreading propaganda.” From February to April 2018, she went on an 81-day hunger strike (losing 22 kg) in protest of her unjust transfer to Gharchak prison.

In April 2019, she was briefly released after having served three-and-a-half years of her six-year sentence, but was re-arrested in November 2019 and sent to Gharchak prison. In December 2020, she was physically assaulted by prison guards and transferred to Evin Prison for interrogations. On January 24, 2021, she was transferred to Amol prison in Northern Iran, a location far from her parents.^[23] In April 2021, she was sentenced in absentia to an additional year in prison, a two-year travel ban, and a two-year ban on participation in political groups for simply singing a song dedicated to unjustly executed activists.^[24]

 

Parisa Rafiei

In August 2018, Parisa Rafiei, a photography student at the University of Tehran, was sentenced, on her birthday, to seven years in prison, 74 lashes and a two-year travel ban for attending peaceful protests, which she began serving in June 2020.^[25] On May 9, 2019, she revealed in an open letter that the authorities pressured her to take a “virginity test,” an inhumane practice for which the UN and World Health Organization have called for a global ban, as the “unscientific test… is often humiliating, degrading and conducted in a manner to intimidate and punish… [and] often painful and traumatic.”^[26] In February 2021, Branch 36 of the Appeals Court, under pressure from the Revolutionary Guards’ Sarallah Headquarters, added 15 months in prison to her pre-existing sentence for speaking up and lodging a complaint against the “virginity test.”^[27]

 

Sepideh Gholian

Ms. Gholian is a labour rights activist. On September 7, 2019, she was sentenced to 19 years in prison (later reduced to five years) on charges of “assembly and collusion against national security,” “membership in an illegal group of Gam,” an online publication, “propaganda against the state,” and “publishing false news,” all for reporting on a workers’ protest in November 2018.^[28] On June 21, 2020, she began serving her sentence after refusing to request a pardon from the Supreme Leader of Iran. On March 10, 2021, Ms. Gholian was transferred without reason from Evin prison to Bushehr Prison in Southern Iran, more than 600 km from her parents’ home. In Bushehr, Ms. Gholian was brutally beaten by another prisoner and now sleeps in common areas, refusing to sleep in a cell out of fear of violence.

 

Sepideh Kashani

Sepideh Kashani is an environmentalist and member of Iran’s most prominent conservation organization, the Persian Wildlife Heritage Foundation. In January 2018, she was arrested along with eight of her colleagues. The following month, the group’s co-founder, Dr. Kavous Seyed-Emami, died in solitary confinement under suspicious circumstances during interrogations in Evin prison. The remaining eight imprisoned environmentalists were condemned to prolonged periods of solitary confinement, subjected to physical and psychological torture to force confessions, permitted very limited calls, and denied access to counsel of their choosing for a year. In August 2019, Ms. Kashani and four of the imprisoned environmentalists went on hunger strike. In November 2019, after nearly two years in prison, she was sentenced to six years in prison on the charge of espionage (upheld on appeal in February 2020), as were the others, who were issued sentences ranging from six to 10 years, despite the unequivocal conclusions of a government-appointed fact-finding committee, the Intelligence Ministry, and the National Security Council all finding their charges to be baseless. In July 2021, Ms. Kashani contracted COVID-19 in Evin prison and was locked in a cell with two other women who tested positive.

 

Soheila Hejab

Soheila Hejab is a human rights lawyer who was sentenced for her political and women’s rights activism. In December 2018, Ms. Hejab was arrested and sentenced to two years in prison for “supporting an anti-state organization,” and released five months later from Adelabad Prison. On June 6, 2019, she was re-arrested and taken to Evin, where she faced death threats and was beaten by guards to the point of hospitalization on two occasions.[29] Ms. Hejab also participated in the peaceful December sit-in. On March 18, 2020, judge Mohammad Moghiseh sentenced her to 18 years in prison for “propaganda against the state,” “forming a group for women’s rights,” and “demanding a referendum for changing the constitution.”[30] On May 23, 2020, her sentence was upheld. In an audio recording, she revealed that, on that same day, security agents dragged her by the hair and punched and kicked her in the head before taking her to Gharchak prison.[31] In June 2020, she went on hunger strike to protest the inhumane living conditions there. From prison, she has continued to advocate for defendant’s rights and the release of political prisoners, including her brother.

 

Recommendations for Iran

• End the use of national security charges to indefinitely sentence women leaders and human rights defenders;
• End the infliction of punitive measures on women rights defenders, including extending prison sentences on the verge of release and banishment into prison exile;
• Investigate all allegations of torture and ill-treatment of women human rights defenders in Iran and seek to bring the perpetrators to justice;
• End the UN-documented “systematic use of prolonged periods of solitary confinement without access to medical care… to isolate and weaken detainees … to force confessions, or as a form of punishment following conviction;”^[32]
• Repeal the “Note to Article 48” of Iran’s Criminal Procedures Regulations requiring political prisoners to choose from a narrow State-approved list of (20) attorneys, violating the right to a fair trial under Iran’s constitution and international law and destroying the independence of the legal profession;^[33]
• Abolish the compulsory hijab and repeal Article 638 of the Islamic Penal Code, which is in standing breach of, and criminalizes, women’s fundamental rights to freedom of expression, religion, and belief, and dismantle the “morality police,” who enforce these discriminatory rules;
• Ensure that the State Prisons Organization maintain safe prison conditions and enforce minimum standards and norms that are compliant with UN guidelines;
• Immediately close Gharchak prison until it meets basic liveable conditions;
• Implement a vaccination program for prisoners, and provide prisoners with access to adequate facemasks and hygienic supplies, instead of charging prisoners at prohibitive costs for all necessities;
• Remove and ban Ebrahim Raisi from the presidency for his role in the escalating persecution of women rights defenders as judiciary chief, and ban all officials directly or indirectly involved in such persecution from public office

 

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^[1] Report of the Secretary-General, at paras. 18, 34; https://www.hrw.org/world-report/2021/country-chapters/iran.

^[2]https://www.iranhumanrights.org/2021/07/rising-covid-infections-unhygienic-conditions-raise-fears-of-more-deaths-in-iranian-prisons/; https://www.arabnews.com/node/1898071/middle-east.

^[3] https://www.amnesty.org/en/documents/mde13/2811/2020/en/

^[4] Situation of human rights in the Islamic Republic of Iran, Report of the Secretary-General, 14 May 2021, at para. 31, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G21/106/94/PDF/G2110694.pdf?OpenElement

[5] https://www.iranrights.org/newsletter/issue/120; https://iranhumanrights.org/2020/07/activists-brother-sentenced-to-eight-years-in-prison-collective-punishment-of-families-continues-in-iran/

^[6]https://msmagazine.com/2021/05/10/unbearable-reza-khandan-husband-of-nasrin-sotoudeh-on-the-ground-in-irans-qarchak-prison/

^[7] https://iranhumanrights.org/2019/08/prisoners-in-irans-gharchak-prison-for-women-protest-inhumane-living-conditions/

^[8] https://www.iranhumanrights.org/2021/06/iran-election-political-prisoners-dying-under-candidate-raisis-watch/

[9] For a more comprehensive list of current imprisoned women rights defenders, see United for Iran’s Prison Atlas here https://ipa.united4iran.org/en/.

^[10] Constitution of the Islamic Republic of Iran, Article 3.

^[11] She was originally sentenced to 11 years, which was reduced to 6 years on appeal for “spreading propaganda against the system” and “gathering and colluding to commit crimes against national security.” https://www.amnesty.org/en/latest/news/2018/06/iran-arrest-of-prominent-human-rights-lawyer-nasrin-sotoudeh-is-an-outrage/

^[12] Ms. Sotoudeh was sentenced based on the following charges: (1) ‘encouraging corruption and prostitution’ (12 years) under Article 639, for nothing other than legally representing women tried for peacefully removing their headscarves in public, and distributing pins and placing a bouquet of flowers on the street in support of these women; (2) ‘membership in the illegal group of LEGAM,’ under Article 499 (7.5 years); 3. ‘publishing falsehoods with the intention to disturb public opinion’ under Article 698 (3 years and 74 lashes);’‘disturbing public order’ under Article 618 (2 years); ‘assembly and collusion to act against national security’ (7.5 years) under Article 610; ‘propaganda against the state’ under Article 500 (1.5 years); and appearing in public without the hijab under Article 638 (74 lashes).

^[13] https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=26297&LangID=E

^[14] https://www.omct.org/en/resources/urgent-interventions/iran-sentencing-and-judicial-harassment-of-narges-mohammadi

[15] https://ipa.united4iran.org/en/prisoner/2340/

^[16] https://www.frontlinedefenders.org/en/case/case-history-narges-mohammadi

[17] https://www.frontlinedefenders.org/en/case/case-history-narges-mohammadi

^[18] https://www.frontlinedefenders.org/en/case/narges-mohammadi-among-group-human-rights-defenders-physically-assaulted-and-temporarily

^[19]https://www.fidh.org/en/issues/human-rights-defenders/iran-sentencing-of-narges-mohammadi

[20] https://www.frontlinedefenders.org/en/case/imprisonment-atena-daemi; see also https://ipa.united4iran.org/en/prisoner/1992/.

[21] https://www.frontlinedefenders.org/en/case/imprisonment-atena-daemi

[22] https://www.frontlinedefenders.org/en/case/imprisonment-atena-daemi

^[23] https://iranhumanrights.org/2021/03/iranian-courts-are-unlawfully-banishing-political-prisoners-into-prison-exile/

^[24] https://www.frontlinedefenders.org/en/case/golrokh-iraee-sentenced-absentia

^[25] 21 other students received heavy prison sentences for attending the protests. See https://www.iranhumanrights.org/2018/08/university-student-sentenced-to-seven-years-imprisonment-in-iran-as-another-is-ordered-to-attend-friday-prayers/.

^[26] https://news.un.org/en/story/2018/10/1023401

^[27] https://iranhumanrights.org/2021/02/female-activists-imprisoned-for-attending-protests-refusing-virginity-test/

^[28] https://www.frontlinedefenders.org/en/case/labour-rights-defender-sepideh-gholian-imprisoned-after-refusing-request-pardon-supreme-leader

[29] https://en.radiofarda.com/a/activist-says-severely-beaten-and-detained-after-attending-court/30635298.html

[30] https://iranhumanrights.org/2020/06/list-of-attorneys-imprisoned-in-iran-for-defending-human-rights/

[31] Ibid.

^[32] https://documents-dds-ny.un.org/doc/UNDOC/GEN/G21/106/94/PDF/G2110694.pdf?OpenElement

^[33] https://www.iranhumanrights.org/2018/03/iranian-lawyers-judiciarys-mandatory-list-of-approved-counsel-sets-dangerous-precedent/. To quote Nasrin Sotoudeh, “if the head of the judiciary can stop lawyers from practicing, it’s time to say goodbye to the profession.”