Informe provisional - Informe núm. 387, Octubre 2018

1. 482. The Committee last examined this case at its June 2017 meeting, when it presented an interim report to the Governing Body [see 382nd Report, approved by the Governing Body at its 330th Session, paras 393–427].
2. 483. The Government sent its observations in communications received on 3 February and 9 October 2018.
3. 484. The Islamic Republic of Iran has not ratified either the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 485. At its June 2017 meeting, the Committee made the following recommendations [see 382nd Report, para. 427]:
   • (a) In view of the absence of concrete results in this case, the Committee has requested its Chairperson to make contact with its representatives attending the June 2017 International Labour Conference in order to encourage a more effective engagement in response to the Committee’s long-standing recommendations.
   • (b) Trusting that the Parliament will soon be in a position to adopt amendments to the Labour Law so as to bring it into conformity with the principles of freedom of association, the Committee requests the Government to provide detailed information on the assistance sought from the Office and the progress made on the legislative reform, and to send it a copy of the latest drafts.
   • (c) The Committee requests the Government to send it a copy of the Regulations on the handling of trade union demands approved by the State Security Council in 2011, and provide detailed observations as to how these Regulations have enhanced the freedom of association rights, and in particular the right to peaceful assembly in practice.
   • (d) Noting with great concern that Mr Davoud Razavi has once again been arrested and charged, the Committee requests the Government to provide detailed information with regard to the charges brought against Mr Razavi and the specific acts concerned.
   • (e) Noting with deep concern that Mr Ebrahim Madadi and Mr Reza Shahabi, the Vice President and the Treasurer of the SVATH respectively, have been put on trial once again and sentenced to one year, and five years and three months imprisonment respectively and noting the Government’s consideration of the possibility of granting a pardon to Mr Shahabi and the fact that the first instance verdict for Mr Madadi became final because his attorney did not appeal within the time limit, the Committee firmly expects that these sentences will be lifted definitively and that they will not be returned to prison. The Committee requests the Government to keep it informed of developments in this regard.
   • (f) Considering that the frequent arrest and sentencing of trade unionists to long periods of imprisonment under such general charges in this case is likely to severely hinder the exercise of legitimate trade union activities, the Committee firmly urges the Government to bring its conclusions to the attention of the Iranian judiciary with a view to ensuring that peaceful trade union activists are not sentenced to prison on vague charges of acting against national security and propaganda against the State.
   • (g) The Committee strongly urges the Government to use the institutional machinery described in its latest communication, or any other appropriate mechanism or body qualifying as independent and impartial, to conduct a full investigation into the claims of ill-treatment of Mr Shahabi and Mr Madadi without further delay and to keep it informed of the outcome thereof.
   • (h) The Committee once again urges the Government to take the necessary measures with a view to the de facto recognition of the SVATH pending the completion of legislative reforms and to keep it informed of the developments in this regard.
   • (i) Regretting that the Government has not provided replies to several of its recommendations at the last examination of this case, the Committee urges the Government to provide detailed information in relation to the following requests:
     • (i) The Committee once again requests the Government to provide detailed information as to the outcome of the independent investigation into the circumstances of Mr Shahrokh Zamani’s death in prison.
     • (ii) The Committee requests the Government to take the necessary measures to ensure that the charges against Mr Azimzadeh are immediately dropped. It further urges the Government to transmit a copy of the court judgment against Mr Mohammadi and to take the necessary measures to secure his immediate release should his conviction be related to his trade union activities. The Committee also urges the Government to take the necessary measures to secure that he is provided with all medical assistance required.
     • (iii) The Committee urges the Government to provide detailed information on:
     • – the reasons for the arrest and detention of Mr Ehsanirad, Ms Mohammadi and other Tehran bus workers on May Day 2015;
     • – the alleged detention of workers of the cement factory; the alleged sentencing of four SVATH workers to 50 lashes and six months in prison in 2014, and of five protesting mineworkers to one year in prison and lashes for “disturbing public order” in 2015; and the alleged arrest and summons to court of workers of the iron ore mine;
     • – the specific actions that have warranted charges against Mr Ebrahimzadeh and Mr Jarrahi, including copies of the court judgments in their cases; and
     • – the allegations involving Mr Nejati and in particular, on the charges pending against him.
     • (iv) The Committee requests the Government to ensure that all charges related to the organization of the Labour Day march and the peaceful participation therein pending against Mr Salehi are immediately dropped. It further requests the Government to provide a copy of any judgment in relation to any other charges.
     • (v) The Committee once again requests the Government to provide a detailed report of the findings of the State General Inspection Organization (SGIO) and the headquarters for the Protection of Human Rights into the allegations of workplace harassment during the period of the union’s founding, from March to June 2005. It once again requests the Government, in light of the information revealed by these investigations, to take the necessary measures to ensure that all employees at the company are effectively protected against any form of discrimination related to their trade union membership or their trade union activities. The Committee requests the Government to keep it informed in this regard, as well as to provide a copy of the court judgment on the action initiated by the union concerning the attacks on union meetings in May and June 2005, once it is handed down.
   • (j) The Committee draws the Governing Body’s special attention to the extremely serious and urgent nature of this case.

B. New allegations

1. 486. In a communication dated 12 October 2018, the International Transport Workers’ Federation (ITF) alleged the arrest and detention of over 200 truck drivers who had participated in a strike in September 2018 and refers to a report that a court in Qazvin province has requested possible death sentences for 17 strikers.

C. The Government’s reply

1. 487. With regard to the legislative reform process, the Government indicates that in view of the requests of the workers and employers’ organizations, the draft Labour Law submitted to the Parliament was sent back to the Government for further revision. The proposed by-laws on the implementation of sections 131 and 136 of the Labour Law were also challenged by certain workers’ organizations and were returned to the Supreme Labour Council for further revision. The Government adds that 24 members of Parliament (MPs) submitted a draft law on the amendment of the Act on the establishment of Islamic labour councils, which is currently being examined by the Parliament. The Government recalls that it has previously benefited from the technical assistance of the Office in drawing up draft laws.
2. 488. With regard to the Committee’s recommendation urging the Government to ensure that the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH) is recognized de facto pending the completion of legislative reforms, the Government reiterates that the SVATH failed to take action to comply with the Labour Law adopted in 1990 and despite legal notifications to this effect, continued its operation in the past couple of years. The Government states that the SVATH should comply with the law like other groups and has been reminded of this obligation numerous times by the Ministry of Labour, Cooperatives and Social Welfare, including at the occasion of the submission of a request to the Ministry regarding the holding of the Syndicate’s general assembly meeting. The Government recalls that as the Ministry has communicated to the SVATH, current laws recognize as workers’ and employers’ representatives the Islamic Labour Council, guild societies formed by workers, or employers’ and workers’ representatives in the workshops. As no organization entitled “Syndicate” is provided for in the law, the registration and activity of workers under this title is impossible. The Government finally indicates that in case of legal amendments in the sense of recognition of such organizations, the Government will take the required measures for the implementation of the amended law.
3. 489. With regard to the Regulations on the handling of trade union demands, the Government indicates that the State Security Council adopted a by-law governing this matter on 11 July 2011 and notified the text to executive authorities for implementation and the Ministry of Labour communicated the text on the same date to all workers’ and employers’ organizations subject to labour law. The Government has provided the English translation of the said by law.
4. 490. The Government indicates in its 3 February communication that in order to enhance cooperation with the Committee and to follow up and settle the judicial status of the trade unionists whose cases were referred to in the Committee’s conclusions and recommendations, it has conducted several consultations and correspondences with the competent legal and judicial authorities. It adds that the results of these efforts were promising and that the efforts will continue until all the cases are definitely resolved. The Government further expresses its readiness for technical cooperation with the International Labour Standards Department in order to definitely settle the cases that remain open. The Government further indicates that under the laws and regulations of the Islamic Republic of Iran peaceful union activities are not considered a crime.
5. 491. With regard to Mr Reza Shahabi, the Government indicates in its first communication that in view of his physical condition, it has taken several initiatives, including consultations with the officials of the judiciary for his immediate release. At the time of the Government’s first communication, Mr Shahabi, was detained in Rajaei Shahr Prison and according to the Government the order was issued for making arrangements for his receiving medical care outside prison or alternatively his being examined by doctors inside prison or setting up a medical committee to examine his case. The Government finally indicates that the Human Rights Headquarters of the Judiciary continue to pursue the prompt disposition of his case. In its second communication, the Government indicates that Mr Shahabi was released on 13 March 2018 and was able to travel to Switzerland without any restriction during the 107th International Labour Conference.
6. 492. With regard to Mr Mahmoud Salehi, the Government indicates that his charges were not related to the organization of the Labour Day march. He was charged with propaganda against the State and membership in an enemy-benefiting group (Komoleh Organization). The Court acquitted him from the latter charge and sentenced him to one-year imprisonment for the first charge. However, according to a medical opinion and as reported by Saqez Central Prison, Mr Salehi suffers from acute kidney failure and heart disease and undergoes dialysis twice a week. As he was unable to serve his prison sentence, upon the suggestion of the Saqez Criminal Enforcement Office, his remaining time in prison – one year – was commuted to a 30 million Iranian rial (IRR) fine.
7. 493. The Government further indicates that Mr Davoud Razavi was sentenced to five years’ imprisonment on charges of assembly, collusion and breach of the peace and public order in Tehran Court. He was however released on bail on 20 May 2015. The Government also indicates that Mr Ebrahim Madadi is free on bail and that Mr Shapour Ehsanirad is also free.
8. 494. With regard to Mr Jafar Azimzadeh, the Government indicates that he is on leave of absence from prison since 13 July 2016. Concerning Mr Jamil Mohammadi, the Government indicates that his conviction is unrelated to trade union activities and that he was sentenced to pay fines for possession of alcoholic drinks and satellite TV antenna and to two years’ imprisonment for assembly and collusion with the intent to commit crimes against national security and is currently at large.
9. 495. With regard to Mr Behnam Ebrahimzadeh, the Government indicates that he had a record of previous convictions and was released from prison on 1 May 2017 after serving his sentence. Concerning Mr Mohammad Jarrahi, the Government indicates that he was charged with participation in the establishment of an illegal group – Workers’ Democratic Movement – and for preparing and publishing a journal named Avaye Enghelab (the Call of the Revolution) propagating socialist beliefs. He also published materials against the State and invited workers to armed action against the State. He was released on 22 August 2016 after serving his sentence, and his case is closed.
10. 496. With regard to Mr Ali Nejati, the Government indicates that he was arrested on 16 September 2015 and charged with propaganda against the State and membership in an enemy-benefiting group. According to the Justice Department of Khouzestan Province he was sentenced to six months’ imprisonment. This sentence was reduced to four months and 15 days in the Appellate Court. The Government adds that Mr Nejati has not yet appeared for judgment enforcement.
11. 497. The Government further refers to the situation of Mr Othmane Esmaeili, who on 11 November 2015 was condemned to one year imprisonment in Saqez, under charges of propaganda against the State. This sentence was reduced in the Appellate Court to two months and the judgment was enforced on 16 April 2018.
12. 498. With regard to the five protesting ore mine workers condemned to one year in prison and lashes, the Government indicates that the court, taking into consideration their age and the fact they were workers and had no criminal record, commuted their sentence to a fine and suspended the enforcement of imprisonment for five years.
13. 499. With regard to the Committee’s recommendation urging the conducting of a full investigation into the claims of ill-treatment of Mr Shahabi and Mr Madadi, the Government indicates it has provided the headquarters for the Protection of Human Rights of the Judiciary with the Committee’s recommendation and, in view of the release of these trade unionists, requests the Committee to remove their names from this case. With regard to the allegations of workplace harassment of the SVATH members during the period of re establishment of the union from March to June 2005, the Government indicates that the headquarters of the judiciary for the protection of human rights strongly denies any such harassment and that section 178 of the Labour Law prohibits such harassment and provides for fines and imprisonment for whoever harasses workers with a view to obliging them to join or not to join an organization. Therefore, the Government states there is no discrimination or forced membership of the employees of the Suburbs Bus Company in trade organizations and no report has been presented by labour inspections in this regard.
14. 500. With regard to the circumstances of Mr Shahrokh Zamani’s death, the Government indicates that according to the forensic committee, Mr Zamani died as a result of acute heart failure following arrhythmia due to an unknown cardiac disease and the case was closed following investigation by the Revolutionary and Public Prosecutor’s Office of Alborz Province, as no one could be charged with any offence.

D. The Committee’s conclusions

1. 501. The Committee recalls that this case, lodged in July 2006, concerns acts of repression against the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH), as well as the arrest, detention and condemnation of large numbers of other trade union members and officials, and the inadequate legislative framework for the protection of freedom of association.
2. 502. The Committee notes the Government’s indications on the legislative reform process, in particular that the drafts had to be sent back to the Government for further revision in order to meet the demands of workers’ and employers’ organizations. The Committee further notes that the Act on the establishment of Islamic Labour Councils is being revised at the initiative of a number of MPs. Recalling that it has for a long time requested the Government to bring Iranian legislation into line with the freedom of association principles, in particular by allowing trade union pluralism [see 360th Report, para. 807(c)], the Committee firmly hopes that the multiple revision processes currently under way will soon bear fruit so as to endow the Islamic Republic of Iran with a legal framework fully compatible with freedom of association principles, and requests the Government to provide information on the progress made and to send a copy of the latest drafts.
3. 503. With regard to the Committee’s recommendation urging the Government to ensure that the SVATH is recognized de facto pending the completion of legislative reforms, the Committee notes that once again the Government reiterates that the current law does not allow for the recognition of an organization named “Syndicate”. The Committee recalls that since its first examination of this case in June 2007, it has regularly urged the Government to amend the legislation, in particular section 131 of the Labour Law, in order to allow trade union pluralism and, in the meantime, to take all measures to ensure that trade unions can be formed and function without hindrance despite legal restrictions [see 346th Report, para. 1191(g)]. Recalling that the current Labour Law is not in conformity with the principles of freedom of association in that it enshrines an organizational monopoly at the enterprise level, the Committee once again urges the Government to take all the measures necessary to ensure that the SVATH may function de facto pending legislative reforms and that the union can recruit members, represent them and organize its activities without hindrance.
4. 504. With regard to the Regulations on the handling of trade union demands, the Committee notes with interest that the by-law embodies a formal and specific recognition of the right of workers to organize protests and demonstrations as a legitimate trade union activity and sets a framework for the exercise of this right. However, the Committee notes that the by-law does not subject either the power of the Security Council of the city or province to order the use of force or the modalities of use of force to any legal principle or safeguard, neither does it provide for the way to deal with spontaneous peaceful protests and demonstrations. In this regard, the Committee trusts that the technical cooperation for training the disciplinary forces previously requested by the Government will take place in the near future and that instructions will be developed to ensure that the city and province security councils and the right enforcement forces exercise their powers in accordance with the following principles: the authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of order should be in due proportion to the danger to law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of peace; and, the police authorities should be given precise instructions so that, in cases where public order is not seriously threatened, people are not arrested simply for having organized or participated in a demonstration [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 217 and 230].
5. 505. The Committee notes with interest the Government’s indication that it has undertaken consultations with competent judicial authorities with a view to following up and settling the judicial status of the trade unionists on whose arrest and sentencing the Committee had expressed concern and that these efforts will continue until all cases are definitively settled. Recalling that in its previous examination of this case, it had noted with deep concern the renewed condemnation of Mr Reza Shahabi and had expressed its firm expectation that he does not spend any more time in prison [see 382nd Report, paras 420–421], the Committee notes that Mr Shahabi had returned to prison in the meantime and noting the Government’s indication as to their efforts for obtaining his immediate release in view of his health condition, now understands that Mr Shahabi was definitively released on 13 March 2018. The Committee further notes the Government’s indication regarding the commutation of Mr Mahmoud Salehi’s sentence and recalls that in its previous examination of this case it had requested that the charges pending against him in relation to the organization of Labour Day be dropped [see 382nd Report, para. 427(i)–(iv)]. While noting with concern that both trade unionists’ health was severely affected, the Committee welcomes their release and expects that they will be able to freely exercise their trade union activities in the future.
6. 506. The Committee also notes the Government’s indication that Mr Davoud Razavi and Mr Ebrahim Madadi, members of the SVATH board of directors [see 382nd Report, Case No. 2508, para. 419–421], who were sentenced respectively to five years and five years and three months’ imprisonment on charges of assembly, collusion against national security and disturbing peace and public order, are both currently free on bail, while their cases are pending appeal. The Committee further notes that Mr Ali Nejati, member of Haft Tappeh Sugarcane Workers’ Union has once again been sentenced in a court to four months and 15 days imprisonment [see the details of his previous condemnation in the 360th Report, Case No. 2747, paras 808–844]. The Government also indicates that Mr Azimzadeh is on furlough, that Mr Behnam Ebrahimzadeh was released from prison after serving his sentence and that Mr Jamil Mohammadi was condemned to two years’ imprisonment for assembly and collusion with the intent to commit crime against national security but is currently at large; however, the Government does not provide any information on the specific actions that have warranted charges against these trade unionists. The Committee finally notes the Government’s indication that Mr Othmane Esmaeili has also been sentenced to two months imprisonment on charges of propaganda against the State and understands that he was released from prison after purging his sentence on 16 April 2018. Recalling its long-standing stance in relation to cases concerning the Islamic Republic of Iran, that the frequent arrest and sentencing of trade unionists to long periods of imprisonment under general charges of acting against national security, disturbing public order and propaganda against the State is likely to severely hinder the exercise of legitimate trade union activities, the Committee trusts that the Government will continue its efforts in communication with competent judicial authorities in order to ensure that peaceful trade union activists are not sentenced to prison on such vague charges. In particular, the Committee urges the Government to ensure that Mr Razavi, Mr Madadi and Mr Nejati do not return to prison in enforcement of sentences condemning peaceful trade union activities and to keep it informed of the developments in this regard. Recalling its previous recommendations [see 382nd Report, Case No. 2508, para. 427(i), (ii) and (iii)], the Committee further requests the Government to provide it with information on the latest developments in the judicial proceedings against Mr Jafar Azimzadeh, Mr Shapour Ehsanirad, and Mr Jamil Mohammadi and to submit copies of the judgments issued.
7. 507. In its previous examination of this case, the Committee had repeatedly requested the Government to ensure that independent investigations are conducted with regard to three issues and to transmit the results thereof: the allegations of workplace harassment of the SVATH members during the period of re-establishment of the union from March to June 2005 [see 346th Report, para. 1191(a)]; claims of ill-treatment of Messrs Shahabi [see 368th Report, para. 583(b)]and Madadi [see 350th Report, para. 1107(g)] while in detention, and the circumstances of Mr Shahrokh Zamani’s death in Gohardasht prison on 13 September 2015 [see 380th Report, para. 683(d)].
8. 508. The Committee deeply regrets that the replies of the Government reveal that, despite the many years that have passed since the Committee first issued recommendations to this effect, and despite the renewal of these recommendations at every examination of the case since then, the Government is still not in a position to provide the results of any independent investigation into the allegations of workplace harassment of the SVATH members and the claims of ill-treatment of Messrs Shahabi and Madadi. The Committee is bound to emphasize that the prompt conduct of independent investigations into allegations of grave violations of freedom of association aims at ensuring that where such allegations are proved to be well-founded, the perpetrators are held to account, the victims receive compensation for the damage they have suffered, and potential perpetrators are deterred from acting in violation of freedom of association in the future. As such, the obligation of the Government to ensure that such investigations are conducted promptly is of utmost importance for safeguarding the right to freedom of association. The Committee deeply regrets that the Government has failed to honour this obligation and firmly hopes that in the future, investigations into allegations of violation of the right to freedom of association will be seriously conducted so that this right is effectively protected and guaranteed.
9. 509. With regard to the circumstances of Mr Shahrokh Zamani’s death, the Committee notes the Government’s indication that a forensic committee has established that Mr Zamani died of heart failure, and that the case is closed following a judicial investigation that could not establish any misconduct. The Committee recalls that Mr Zamani died while serving an 11 year prison sentence for propaganda against the State, forming socialist groups and endangering national security, and that the complainant alleged that he was denied access to medication and visitors while in detention, which resulted in him staging hunger strikes against maltreatment, and that he was under extreme duress due to the harassment of his family by the Government [see 380th Report, para. 672]. Noting that the Government does not provide any details as to whether these claims of denial of access to medication and psychological pressure on Mr Zamani were investigated, and in view of the number of unionists in detention in the Islamic Republic of Iran, the Committee urges the Government to take all the necessary measures to ensure that the right to health of the detained trade unionists is duly respected in the future, and that they are given access to medical care and medication if need be.
10. 510. The Committee notes the latest communication submitted by the ITF, alleging the arrest and detention of over 200 truck drivers who had participated in a strike in September 2018 and referring to a report that a court in Qazvin province has requested possible death sentences for 17 strikers. The Committee requests the Government to respond to these allegations without delay.