Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 388, Marzo 2019

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

1. 46. The Committee last examined this case which was lodged in May 2007 and concerns allegations of continued repression of teacher unionists, at its October 2017 meeting [see 383rd Report, paras 50–56]. On that occasion, the Committee requested the Government to keep it updated on the status of Messrs Esmaeil Abdi, Abdolreza Ghanbari Chamazakti, Mohammad Reza Niknejad, Mehdi Bohlouli, Ramin Zandnia, Mahmoud Beheshti Langroudi, Ali Akbar Baghani and Ms Parvin Mohammadi, to provide detailed information on the outcome of the proceedings concerning them and to transmit a copy of the sentences issued and once again urged the Government to ensure that the charges against trade unionists relating to their legitimate trade union activities were immediately dropped, that their sentences were annulled and that the detained workers were released and fully compensated for any damages suffered as a result of the convictions. Noting with regret that the Government had not provided any information with regard to its previous recommendations concerning the confiscation of trade unionists’ property during the raids on their residences, confiscation of travel documents, the increased prosecution, intimidation and pressure on unionists and violent dispersal of protests, the Committee once again requested the Government to take the recommended measures and to keep it informed of the developments. Finally, in light of the seriousness of the matters raised in this case and the trade union climate in the Islamic Republic of Iran, the Committee once again urged the Government to engage with the ILO in the near future so as to identify the steps necessary to create an environment where trade union rights can be freely exercised.
2. 47. The Government provided information on this case in communications received on 3 February and 1 October 2018. Indicating that it has taken effective measures to settle issues under this case in accordance with the Committee’s recommendations, the Government refers to several consultations and correspondences with the competent legal and judicial authorities and adds that the results of these efforts were promising and that the efforts will continue until all the cases are definitely resolved. The Government also reiterates that during the recent years it has taken effective and positive actions to improve the welfare of teachers and increase their pay and that teacher activists and associations have welcomed these measures. It provides a list of recent initiatives for solving the teachers’ welfare problems. The list includes the opening of 14 special accommodation centres for incurable and hardly curable patients; the allocation of low-interest and interest-free loans; wage increase; enhancing health insurance and life insurance coverage and payment of special allowances in addition to the teachers’ salary.
3. 48. With regard to the right of assembly and demonstration, the Government indicates that workers’ organizations enjoy the right to peaceful assembly within the framework of national applicable laws and regulations and adds that on 10 June 2018 the Council of Ministers issued a decision specifying the appropriate locations for public gatherings in Tehran and indicating that in cities other than the capital, the local security council is competent to determine one or two locations in accordance with the criteria defined in the decision of the Council of Ministers. These criteria include accessibility within the urban area, police capability to address disciplinary and security concerns, distance from locations under special security protection, avoidance of disruption of public sector services to citizens and the daily business of other citizens and avoidance of traffic disruption. The Government further indicates that it has transmitted the Committee’s recommendations to the judiciary headquarters for the protection of human rights and other competent authorities, emphasizing that participation of trade unions in peaceful demonstrations and legal activities is not prohibited.
4. 49. With regard to the status of the detained teacher trade unionists the Government indicates that Mr Ali Akbar Baghani has completed his prison term and now lives in Tehran. Mr Rasoul Bodaghi was pardoned on 28 April 2016 and released from prison. Mr Abdolreza Ghanbari Chamazakti’s motion for retrial was accepted on 16 March 2016 and he was released on bail.
5. 50. With regard to Mr Ramin Zandnia and Ms Parvin Mohammadi the Government indicates that the couple was charged for membership in and propaganda in favour of the Kurdistan Free Life Party (Pjak), which the Government describes as a terrorist group. They were sentenced to five years’ imprisonment for the first charge and one year for the second. However, in view of their clean criminal record these punishments were reduced to eight and four months respectively. The sentences were sent to the enforcement unit but the couple that was free on bail did not appear before the enforcement authorities. The Government indicates that the charges were not related with the trade union activities of Mr Zandnia and Ms Mohammadi. Therefore it requests the Committee to remove their names from the present case.
6. 51. The Government indicates that as per a Tehran Court judgment dated 2 February 2016, Mr Esmaeil Abdi was sentenced to five years’ imprisonment on charges of assembly and collusion against national security and propaganda against the State in accordance with sections 610, 500 and 134 of the Islamic Penal Code (IPC). Mr Abdi was incarcerated in Evin Prison on 9 November 2016 and his term ends on 22 December 2020. The Government adds that Mr Abdi has a criminal record and was previously sentenced in the Revolutionary Court to ten and five years’ imprisonment on charges of propaganda against the State (section 500 of the IPC) and espionage by collecting news and information aimed at disturbing national security (section 505 of the IPC). The Government further indicates that Mr Abdi has benefits from family visits and furlough and has access to medical services inside and outside prison and can contact the outside world by phone. Therefore the Government requests the Committee to remove his name from the present case.
7. 52. With regard to the cases of Messrs Mohammad Reza Niknejad and Mehdi Bohlouli, the Government indicates that the Tehran Court of Appeal confirmed the Revolutionary Court judgments in a ruling dated 2 September 2017. However, the enforcement of the punishment was suspended for three years and it will only be enforced if they commit any of the crimes enumerated in section 54 of the IPC during the suspension period; otherwise, their punishment will be expunged from criminal records. The Government adds that, as a complementary punishment in accordance with section 23(K) of the IPC, both unionists were also banned from membership in political or social parties and groups for two years. They were free at the time of Government communication.
8. 53. With regard to the case of Mr Mahmoud Beheshti Langroudi, the Government indicates that he was sent on furlough several times and his unauthorized absence from prison exceeded 506 days. His prison sentence ran from 29 September 2015 to 23 May 2020. Following the resumption of his hunger strike, he was granted furlough, however, as he was absent from prison beyond the authorized period, he was sentenced to five more years of imprisonment on charges of assembly and collusion against national security which will run from 1 December 2020 to 23 September 2025. In its last communication the Government indicates that Mr Langroudi’s sentence runs until 2 November 2021. The Government further adds that Mr Beheshti Langroudi is entitled to 42 days of furlough, enjoys family visits, has access to medical services inside prison and has benefited from the services of hospitals and medical centres outside prison on five occasions. He also has access to telephone and freely contact the outside world.
9. 54. With regard to Mr Peyman Nodinian, the Government indicates that he has no criminal record. However an inquiry concerning his status was conducted, the results of which will be provided when available.
10. 55. With regard to its request for technical cooperation, the Government specifies that it seeks to further consider international labour standards in the adoption or amendment of national laws and regulations and to this end intends to organize a tripartite workshop on social dialogue with the participation of ILO experts, members of workers’ and employers’ organizations, representatives of chambers of commerce, trade associations and cooperatives, members of the social and workers’ committees of the Iranian Parliament, academics, directors of labour relations, and experts on workers’ and employers’ organizations from directorates of the Ministry of cooperatives, labour and social welfare. The Government finally indicates that it is fully ready to support the promotion of the principles of freedom of association and strengthening social dialogue and reiterates that it welcomes any technical cooperation extended by the ILO.
11. 56. The Committee notes the information submitted by the Government on the latest decision of the Council of Ministers on the right of assembly and demonstration and the updates on the status of the members of teachers’ union who were arrested, detained and prosecuted under various charges, mainly in relation to participation in public demonstrations. It notes in particular that Mr Bodaghi was pardoned and released from prison and Mr Baghani lives in Tehran once again since the end of his exile in Zabol; that Mr Ghanbari Chamazakti is free on bail pending retrial. The Committee notes however that the Government does not indicate when Mr Ghanbari Chamazakti’s retrial is scheduled. The Committee also notes with regret that the Government does not provide any information on the content of the suspended sentence against Messrs Niknejad and Bohlouli.
12. 57. The Committee is bound to note that although these trade unionists are free, the ban on any social or political activity is likely to obstruct their free exercise of trade union rights. The Committee therefore once again requests the Government to transmit copies of the judgments issued in respect of these trade unionists and to take all necessary measures to ensure that they may fully exercise their trade union rights in accordance with the principles of freedom of association.
13. 58. The Committee notes with great concern that Messrs Esmaeil Abdi and Mahmoud Beheshti Langroudi were each twice sentenced to long imprisonment terms, on charges of assembly and collusion against national security, propaganda against the State and espionage. The Committee notes that once again, the Government does not provide any indication as to the specific actions that have given rise to the charges and sentences against Mr Abdi. With regard to Mr Beheshti Langroudi, the Committee notes with deep concern the Government’s indication that charges of assembly and collusion against national security were brought against him, entailing an additional five years of imprisonment after he overstayed a leave of absence granted following a hunger strike. Recalling its long-standing observation in cases relating to the Islamic Republic of Iran, that sections 500 and 610 of the IPC seemed to be systematically used to punish trade unionists for engaging in legitimate trade union activities [see 382nd Report, Case No. 2508, para. 420], the Committee is bound to observe that once again the summary information provided by the Government does not allow it to conclude that the charges and convictions of the trade unionists are unrelated to their exercise of legitimate trade union activities. The Committee is also bound to note with concern the apparent arbitrary repetition of charges of assembly and collusion against national security merely for overstaying the leave of absence. Considering that the frequent and arbitrary condemnation of trade unionists to long imprisonment sentences under general charges of acting against national security and propaganda against the State has an adverse effect on the free exercise of trade union rights, the Committee once again urges the Government to bring its conclusions to the attention of the judicial authorities with a view to ensuring that trade unionists are not arbitrarily condemned under such vague charges for the peaceful exercise of trade union activities and to take all the measures in its power for the immediate release of those so detained.
14. 59. Further noting the Government’s references to hunger strikes by detained unionists, the Committee urges the Government to investigate the claims made by these prisoners and to take any measures in its power to ensure that the judicial and prison authorities respect the rights of imprisoned trade unionists.
15. 60. Recalling that Mr Peyman Nodinian was one of the trade unionists whose passports were seized in order to prevent them from attending international union meetings [see 380th Report, Case No. 2566, para. 50], the Committee notes with regret that once again, the Government has not provided any information with regard to its recommendations concerning the confiscation of trade unionists’ travel documents, the confiscation of their property during the raids on their residences and the violent dispersal of protests [see 380th Report, paras 49–53]. It hence once again requests the Government to take the recommended measures and to keep it informed of the developments.
16. 61. With regard to the Government’s indications concerning technical cooperation, the Committee trusts that the required technical assistance will be provided and that it will assist the Government in taking the necessary steps to create an environment where trade union rights can be freely exercised and the issues raised in this case can be fully resolved.