Rapport intérimaire - Rapport No. 346, Juin 2007

Cas no 2323 (Iran (République islamique d')) - Date de la plainte: 12-FÉVR.-04 - Clos

Allegations: The complainant organization alleges violent police repression of the May Day 2004 rally as well as of other strikes and related protests, and the arrest, detention and conviction of several trade union leaders and activists for their trade union activities

1098. The Committee last examined this case at its June 2006 meeting and submitted an interim report to the Governing Body [see 342nd Report, paras 629–697, approved by the Governing Body at its 296th Session (June 2006)].

1. 1099. The International Trade Union Confederation (ITUC) submitted new allegations in a communication dated 4 December 2006.
2. 1100. The Government sent new observations in a communication dated 9 March 2007.
3. 1101. The Islamic Republic of Iran has not ratified 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. 1102. At its May–June 2006 meeting, the Committee made the following recommendations in relation to this case [see 342nd Report, para. 697]:
2. (a) The Committee requests the Government to 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 the peace. Noting that the issue of the killing of four innocent persons by the police force during the incidents in Shahr-e-Babak is currently pending before the Supreme Court, the Committee requests the Government to keep it informed of the progress of the proceedings and to communicate the final decision once it has been handed down.
3. (b) Regretting that the Government has provided no information on the names, occupations and any trade union affiliation of the six persons convicted, as a result of the events in Shahr-e-Babak, nor as to the specific acts with which they were accused and the grounds on which they were convicted, the Committee requests the Government to communicate detailed information in this regard, including the court decisions handed down against these persons, without delay.
4. (c) The Committee firmly expects that, upon re-examination, the Court of First Instance will take fully into account all of the principles set forth in its conclusions and that Messrs Salehi, Hosseini, Hakimi, Divangar and Abdlpoor will be fully acquitted of all remaining charges rapidly. It requests the Government to keep it informed of developments in this regard.
5. (d) The Committee firmly urges the Government to drop all charges against Mr Salehi related to his article “Preparing a cost of living index for a family of five in Iran”, which the Committee considers constitutes a legitimate trade union activity. The Committee requests the Government to keep it informed of the measures taken in this respect.
6. (e) Noting with concern the additional information provided by the complainant with regard to the arrest, detention, alleged severe beating and court summons of Borhan Divangar in August 2005 who was charged among other things with membership of the Coordinating Committee to Form Workers’ Organizations (established by Mahmoud Salehi and Mohsen Hakimi on 4 May 2005), membership of the newly formed unemployed workers’ organization, managing a labour web site in Iran called “Tashakol” and participating in the wave of demonstrations in Saqez that followed the shooting of Kurdish opposition activist Shivan Qaderi, the Committee requests the Government to communicate immediately its comments in this regard.
7. (f) The Committee requests the Government to provide detailed information on any charges brought against Mahmoud Beheshti Langarudi, General Secretary, and Ali-Ashgar Zati, spokesperson of the Teachers’ Guild Association, as well as any court decisions handed down, and to take all necessary measures to ensure that where these charges are related to their trade union activities, they are dropped by the competent authorities in light of the abovementioned principles. The Committee requests to be kept informed in this respect.
8. (g) The Committee urges the Government to institute an independent inquiry into the allegations that the Intelligence Ministry interrogated, threatened and harassed Shis Amani, Hadi Zarei and Fashid Beheshti Zad and to keep it informed of the outcome.
9. (h) Regretting that the Government has not provided any information with respect to its previous request concerning the allegations relating to the proposal and adoption of legislation that would restrict the trade union rights of a large number of workers (i.e. the exemption from the labour legislation of workshops of less than ten employees and proposals to exempt temporary workers), the Committee requests the Government to provide its observations in this respect without delay.
10. B. New allegations
11. 1103. In a communication dated 4 December 2006, the ITUC submits the following additional information with regard to the trade unionists who attempted to celebrate May Day in 2004.
12. 1104. On 11 November 2006, Mr Mahmoud Salehi, the former president of the Bakery Workers’ Association of the city of Saqez, was sentenced to four years of imprisonment by the Saqez Revolutionary Court. He was found guilty under article 610 of the Islamic Punishment Act, for congregating to conspire to commit crimes against national security. Furthermore, the ITUC expresses its concern that some of the charges against Mr Salehi that were referred to the Public Court for “public opinion disturbance” because of his article “Preparing a cost of living index for a family of five in Iran” may still be pending.
13. 1105. On 17 October 2006, Mr Borhan Divangar, who was also involved in the attempt to celebrate May Day in 2004, was sentenced to two years of imprisonment. The ITUC was not aware whether this sentence related to the same case or rather to the charges brought against him when he was arrested on 7 August and detained for two months. According to the ITUC, Mr Divangar was now in Turkey. On 11 November 2006, Mr Jalal Hosseini was sentenced to two years of imprisonment and on 27 November, Mr Mohsen Hakimi was also sentenced to two years of imprisonment under similar charges in the same case. Mr Mohammad Abdlpoor was acquitted.
14. 1106. The ITUC stresses that while according to the Government, the seven activists were initially arrested and charged with the alleged connections with banned political organizations like the Komala and the Communist Party, all seven of them, including the four who have been convicted, were cleared of these charges in court. The ITUC therefore concludes that the four trade union activists were convicted exclusively due to their trade union activities.
15. C. The Government’s reply
16. 1107. In its communication dated 9 March 2007, the Government reiterates its respect for the freedom of association principles and the right of workers to organize and its strive to ensure the promotion of social and economic conditions of workers throughout the country. This commitment is now officially declared as one of the 14 strategic objectives of the Ministry of Labour and Social Affairs, which calls for the promotion of employers’ and workers’ organizations. The Government considers the right to organize assemblies as an indisputable and important aspect of trade union rights. Hundreds of different gatherings and rallies are held all around the Islamic Republic of Iran on May Day each year in peace and tranquillity, provided that the organizers obtain prior approval from the relevant authorities.
17. 1108. With regard to the latest developments concerning this case, the Government provides the following information.
18. Khatoonabad and Shahr-e-babak
19. 1109. The family members of one of the four victims of the incident appealed the decision, which, while having acquitted the military force, recognized the right of the victims’ families to receive compensation to the National Supreme Court. The National Supreme Court rejected the appeal and confirmed the military court verdict No. 31/470 dated 10 September 2005. Thus, in accordance with the military court verdict, the families of the four victims shall receive compensation. In addition, according to the latest investigations on the occupations of the deceased, it was confirmed that they were not workers of the Khatoonabad smelting plant and had no records of membership in the workers’ associations, but rather, they were a farmers, salespersons and students from Khatoonabad.
20. 1110. On 8 June 2004, Messrs Mohammad Fahim Mahmoodi, Abbas Meimandinia, Hossein Moradian, Momen Pourmahmoodieh, Saeed Zadegangi, Ali Asghar Soflaei were arrested during the incident in Shahr-e-babak and were later sentenced from four to nine months of imprisonment by the Court of First Instance. The abovementioned persons were not employed in the copper complex in Khatoonabad and were ex-criminals.
21. Saqez
22. 1111. Under verdict No. 965 dated 17 October 2006 issued by the Saqez Islamic Revolutionary Court, Mr Mahmood Salehi was sentenced to four years of imprisonment, commencing from the date of the arrest, for organizing illegal assembly and congregating to conspire to commit crimes. No case has been lodged against him charging him with “public opinion disturbance” following the publication of his article “The index of cost of living for a family of five in Iran”.
23. 1112. Under verdict No. 694 dated 21 August 2006, Mr Boran Divangar was sentenced to two years of imprisonment, commencing from the date of the arrest, for illegal gathering and congregating to commit crimes against national security. At the request of his lawyer, the case was referred to the Seventh Branch of the Court of Appeal, where it is presently pending. No complaint has been lodged against him accusing him of membership in the coordination committee to form a workers organization.
24. Sanandaj Textile Factory
25. 1113. Concerning the allegations of interrogation, harassment and threatening of Messrs Shis Amani, Farshid Beheshti Zad, Hadi Zarei by the personnel of the Ministry of Intelligence (public security) during the workers’ strike in the Sanandaj Textile Factory, the Government indicates that according to the information received from the Director General for Kurdistan, these claims are baseless and unfounded. Messrs Shis Amani and Hadi Zarei have requested (in writing) to be dismissed and receive their severance pay and other legal allowances.
26. Teachers’ Guild Association
27. 1114. There are no official records in the Ministry of Justice concerning Mr Mahmoud Beheshti Langarudi, the General Secretary of the Teachers Guild Association, and Mr Ali-Asghar Zati, the spokesperson of the same organization.
28. Labour law amendment
29. 1115. Due to the rapidly changing patterns of the world of work, the recent social and economic developments in the Islamic Republic of Iran, the dire consequences of the unfair globalisation of the Islamic Republic of Iran’s labour relations and the Islamic Republic of Iran’s Decent Work Country Programme requirements, the Ministry of Labour and Social Affairs has embarked serious campaign to amend the existing labour laws. Together with social partners, academics and experts in the field of labour law and labour relations, the Government is seriously disposed towards amending the existing labour law with regard to such issues as temporary employment contracts, social protection and vocational training courses for the dismissed workforce, skills development for the unemployed through the Unemployment Insurance Fund, employers and workers organization’s rights and registration requirements for such organizations. To this end, public notices have been placed in the press by the Government to gather the viewpoints of different research centres and experts in the pertinent fields. The Minister of Labour and Social Affairs and the social partners held many meetings to discuss the amendment process. Moreover, the draft of the prepared amendment was officially submitted to the ILO. During the 297th Session of the Governing Body, the Government requested further technical cooperation through an ILO mission, which was carried out in February. Incorporating the insightful and constructive comments of the ILO mission on the subject, the Ministry of Labour and Social Affairs shall submit the final draft of the amendments to Parliament for final approval within two months from the end of February 2007.

D. The Committee’s conclusions

1. 1116. The Committee recalls that this case concerns allegations of violent police repression of strikes, protests and the May Day 2004 rally in Saqez; the arrest, detention and conviction of several trade union leaders and activists for their trade union activities; the arrest of trade union leaders of the Teachers’ Guild Association; intervention in a strike at the Sanandaj Textile Factory and subsequent harassment of the workers’ representatives; and the proposal and adoption of legislation that would restrict the trade union rights of a large number of workers.
2. Khatoonabad and Shahr-e-babak
3. 1117. The Committee recalls that it had previously requested the Government to 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 the peace. It further requested the Government to provide information with regard to the proceedings before the Supreme Court on the issue of the killing of four innocent persons by the police force during the incidents in Shahr-babak and to communicate the final decision once it has been handed down.
4. 1118. The Committee further notes that according to the information provided by the Government, the family members of one of the four victims appealed the decision of the military court to the National Supreme Court, which acquitted the military force but recognized the right of the victims’ families to receive compensation. The National Supreme Court rejected the appeal and confirmed the military court verdict. The Committee regrets that the Government did not provide a copy of the Supreme Court’s judgment. While noting that the family of the four victims are entitled to compensation, the Committee regrets the absence of any judgement against those responsible for the incident and emphasizes that a situation of impunity reinforces the climate of violence and insecurity and is extremely damaging to the exercise of trade union rights [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 52]. In cases in which the dispersal of public meetings by the police has involved loss of life, the Committee attaches special importance to the circumstances being fully investigated, responsibility determined and those responsible punished. The Committee therefore requests the Government to communicate a copy of the Supreme Court final decision and to indicate the measures the Government has taken or envisaged in order to determine responsibility, punish the guilty parties and prevent the repetition of such acts.
5. 1119. The Committee further regrets that no information was provided by the Government with regard to the concrete measures taken to ensure that the competent authorities receive instructions on the use of force when controlling demonstrations so as to avoid the use of excessive violence and therefore once again urges the Government to take the necessary measures to this effect and to keep it informed in this respect.
6. 1120. The Committee recalls that it had previously requested the Government to communicate detailed information on the six persons convicted as a result of the events in Shahr-e-Babak. The Committee notes that in its reply, the Government states that Messrs Mohammad Fahim Mahmoodi, Abbas Meimandinia, Hossein Moradian, Momen Pourmahmoodieh, Saeed Zadegangi, Ali Asghar Soflaei were arrested on 8 June 2004, during the incident in Shahr-e-babak, and sentenced from four to nine months of imprisonment by the Court of First Instance, whereas in its previous reply, the Government had indicated that these six arrested persons were found guilty of civil disorder and commotion for involvement in the incidents in January 2004. The Government adds in its recent reply that these persons were not employed in the copper complex in Khatoonabad and are ex-criminals. In light of the information thus provided to it, it remains difficult for the Committee to determine the precise reasons for the arrest of these persons and their relationship to the industrial unrest. The Committee therefore once again requests the Government to clarify this matter by providing information on the occupations and any trade union affiliation of the six persons convicted as a result of the events in Shahr-e-babak, as well as on the specific acts with which they were accused and the grounds on which they were convicted. The Committee requests the Government to communicate the court decisions handed down against these persons.
7. Saquez
8. 1121. The Committee recalls that it had previously expressed its trust that Messrs Salehi, Hosseini, Hakimi, Divangar and Abdlpoor would be fully acquitted of all charges related to the organization of the 2004 May Day rally and the participation therein. The Committee notes the Government’s indication that under verdict No. 965, dated 17 October 2006, issued by the Saqez Islamic Revolutionary Court, Mr Mahmood Salehi was sentenced to four years of imprisonment, commencing from the date of arrest, for organizing illegal assembly and congregating to conspire to commit crimes. Furthermore, under verdict No. 694 dated 21 August 2006, Mr Boran Divangar was sentenced to two years of imprisonment for illegal gathering and congregating to commit crimes against national security, commencing from the date of the arrest. At the request of his lawyer, the case was referred to the Seventh Branch of the Court of Appeal, where it is presently pending. The Committee notes that this information is also confirmed by the complainant. While regretting that the Government provided no information in respect of Messrs Hosseini, Hakimi and Abdlpoor, the Committee notes that according to the information provided by the complainant, Messrs Hosseini and Hakimi were sentenced to two years of imprisonment under similar charges and that Mr Abdlpoor was acquitted.
9. 1122. The Committee recalls from the previous examination of the case that all five trade unionists had been acquitted of the charges of sympathizing with subversive groups and acquitted by the Court of Appeal of the charges of illegal assembly and social unrest for which they had been sentenced by the Court of First Instance. In the absence of a conviction on these political grounds, the Committee had great difficulty in seeing how the remaining charges could have been related to anything other than their trade union activities. Furthermore, the Committee noted that the Government had not provided any specific information as to the manner in which the peaceful rally in Saqez became violent, nor as to the actual necessity of intervention by the security forces [see 342nd Report, paras 682–684]. The Committee deplores that heavy penal sentences have been retained against these trade unionists. It recalls that no one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike, public meetings or processions, particularly on the occasion of May Day. With this in mind and further noting that the two years sentence imposed on Messrs Hosseini and Hakimi should have expired by now, the Committee requests the Government to ensure the immediate release of any of these trade unionists who may still be detained and take steps to ensure that the charges brought against them are dropped and to keep it informed in this respect. Noting that the case of Mr Divangar is currently on appeal, the Committee expects that the Court of Appeal will re-examine this case having regard to the provisions of Conventions Nos 87 and 98 and that Mr Divangar will be acquitted of the remaining charges which appear now to be strictly related to his trade union activities. The Committee requests the Government to keep it informed in this respect.
10. 1123. The Committee notes with satisfaction that Mr Abdlpoor was acquitted. It further notes that, according to the Government, no case has been lodged against Mr Salehi charging him with “public opinion disturbance” because of his article under the title of “The index of cost of living for a family of five in Iran”.
11. 1124. The Committee notes with regret that the Government, other than stating that no complaint has been lodged against Mr Divangar accusing him of a membership of the Coordinating Committee to Form Workers’ Organizations, has provided no detailed information in reply to the additional allegations made by the complainant with regard to the arrest, detention, alleged severe beating and court summons of Borhan Divangar in August 2005 who was charged among other things with membership of the Coordinating Committee to Form Workers’ Organizations (established by Mahmoud Salehi and Mohsen Hakimi on 4 May 2005), membership of the newly formed unemployed workers’ organization, managing a labour web site in The Islamic Republic of Iran called “Tashakol” and participating in the wave of demonstrations in Saqez that followed the shooting of a Kurdish opposition activist. The Committee therefore once again reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations concerning violations of freedom of association is to ensure respect for the rights of employers’ and workers’ organizations in law and in fact. If this procedure protects governments against unreasonable accusations, governments on their side should recognize the importance of formulating, for objective examination, detailed factual replies concerning the substance of the allegations brought against them [see First Report, para. 31]. Stressing that detention of trade unionists and violence exercised against them is unacceptable and constitutes a serious violation of civil liberties, the Committee requests the Government to institute an independent inquiry into the complainant’s allegation of Mr Divangar’s arrest, detention, alleged severe beating and court summons in August 2005 and to provide full particulars in this regard.
12. Teachers’ Guild Association
13. 1125. The Committee recalls from the previous examination of the case, that, referring to information from the official Iranian news agency, the Islamic Republic News Agency (IRNA), the complainant alleged that Mr Mahmoud Beheshti Langarudi, the General Secretary of the Teachers’ Guild Association, and Mr Ali-Ashgar Zati, the spokesperson of the same organization, were arrested on 12 July 2004. The complainant further alleged that they were arrested for their trade union activities and strikes that they organized in March and June 2004 for the non-payment of wages. Mr Langarudi was summoned to court in May 2004 on charges linked to the strike staged in March 2004. He was accused of entering a school illegally, leaving his job during working hours and mobilizing “agitating” teachers to strike. The complainant understood from the IRNA that the arrest in July 2004 could result in charges of violation of national security and organization of two protests in June in demand of higher wages and wage arrears of 5.2 billion rials (US$620 million). The complainant added that Messrs Mahmoud Beheshti Langarudi and Ali-Asghar Zati were only released on bail in mid-August 2004. Mr Zati had to pay a bail sum of 70 million tomans and Mr Beheshti 50 million tomans. However, it had been reported that other members of the same association had been arrested in the northern province of Mazandaran. With regard to these allegations, the Committee had requested the Government to provide detailed information on any charges brought against Mahmoud Beheshti Langarudi and Ali-Ashgar Zati, as well as any court decisions handed down, and to take all necessary measures to ensure that where these charges are related to their trade union activities, they are dropped by the competent authorities [see 342nd Report, paras 690–691].
14. 1126. The Committee notes that the Government confines itself to indicating that there are no official records in the Ministry of Justice concerning Mr Mahmoud Beheshti Langarudi, the General Secretary of the Teacher’ Guild Association and Mr Ali-Asghar Zati, the spokesperson of the same organization. It is therefore not clear to the Committee whether this information means that there were no charges brought against these two trade union leaders. It requests the Government to carry out a full and independent investigation into this matter and to provide detailed information in this respect.
15. Sanandaj Textile Factory
16. 1127. The Committee recalls that it had previously urged the Government to institute an independent inquiry into the allegations that the Intelligence Ministry interrogated, threatened and harassed Messrs Shis Amani, Hadi Zarei and Fashid Beheshti Zad and to keep it informed of the outcome. The Committee regrets that the Government confines itself to indicating that according to the information received from the Director General for Kurdistan, these claims are baseless and unfounded and that Messrs Shis Amani and Hadi Zarei requested to be dismissed and received their severance pay and other legal allowances. The Government has not indicated whether an independent inquiry was instituted and carried out, nor has it provided any documentation corroborating the voluntary nature of the workers’ dismissals. The Committee therefore once again urges the Government to institute an independent inquiry into the above allegations and to keep it informed of the outcome.
17. 1128. With regard to its previous request concerning the allegations relating to the proposal and adoption of legislation that would restrict the trade union rights of a large number of workers, the Committee notes the Government’s indication that the Ministry of Labour and Social Affairs, together with the social partners, academics and experts in the field of labour law and labour relations, as well as with ILO assistance, was working on the labour law amendments. The Committee notes that according to the Government, the Ministry of Labour and Social Affairs shall submit the final draft of the amendments, which should incorporate the comments of the ILO, to Parliament for final approval within two months from the end of February 2007. The Committee requests the Government to keep it informed of the developments in this regard and to transmit a copy of the final proposed amendments so that it may examine this case in full knowledge of the facts.

The Committee's recommendations

1. 1129. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to communicate a copy of the Supreme Court final decision concerning the killing of four innocent persons by the police force during the incidents in Shahr-e-babak and to indicate the measures the Government has taken or envisaged in order to determine responsibility, punish the guilty parties and prevent the repetition of such acts.
   • (b) The Committee urges the Government to keep it informed of measures taken to ensure that the competent authorities receive adequate instructions so as to eliminate the use of excessive violence when controlling demonstrations, which might result in a disturbance of the peace.
   • (c) The Committee once again requests the Government to provide information on the occupations and any trade union affiliation of the six persons convicted as a result of the events in Shahr-e-babak, as well on the specific acts with which they were accused and the grounds on which they were convicted. The Committee requests the Government to communicate the court decisions handed down against these persons.
   • (d) The Committee requests the Government to ensure the immediate release of any of trade unionists who may still be detained in connection with the 2004 May Day celebration and to take steps to ensure that the charges brought against them are dropped and to keep it informed in this respect. Noting that the case of Mr Divangar is currently on appeal, the Committee expects that the Court of Appeal will re-examine this case having regard to the provisions of Conventions Nos 87 and 98 and that Mr Divangar will be acquitted of all remaining charges which appear now to be strictly related to his trade union activities. The Committee requests the Government to keep it informed in this respect.
   • (e) The Committee requests the Government to institute an independent inquiry into the complainant’s allegation of Mr Divangar’s arrest, detention, alleged severe beating and court summons in August 2005 and to provide full particulars in this regard.
   • (f) The Committee requests the Government to carry out a full and independent investigation into the allegation of the arrest of trade union leaders of the Teachers’ Guild Association in July 2004 and to provide detailed information in this respect.
   • (g) The Committee once again urges the Government to institute an independent inquiry into the allegations that the Intelligence Ministry interrogated, threatened and harassed Messrs Shis Amani, Hadi Zarei and Fashid Beheshti Zad and to keep it informed of the outcome.
   • (h) The Committee requests the Government to keep it informed of the developments with regard to the amendment of the Labour Law and to transmit a copy of the final proposed amendments so that it may examine this case in full knowledge of the facts.