Interim Report - Report No 411, June 2025

Case No 2508 (Iran (Islamic Republic of)) - Complaint date: 25-JUL-06 - Active

Allegations: The complainants denounce acts of repression against the local trade union at a city bus company, as well as the arrest and detention of large numbers of trade unionists

1. 322. The Committee last examined this case (submitted in 2006) at its June 2024 meeting, when it presented an interim report to the Governing Body [see 407th Report, approved by the Governing Body at its 351st Session, paras 250–267]. 
2. 323. The Government forwarded a communication on 10 September 2024 and transmitted additional information on 22 and 30 April 2025.
3. 324. 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. 325. At its June 2024 meeting, the Committee made the following recommendations [see 407th Report, para. 267]:
   • (a) Noting that two years after their arrest, Ms Kohler and Mr Paris remain in provisional detention, the Committee again firmly urges the Government to ensure that they are immediately released and to guarantee their safe return to their country and to keep it informed of the measures taken in this regard. The Committee further firmly urges the Government to ensure the immediate release of Mr Shahabi and Mr Saeedi, should their conviction be related to their trade union activities.
   • (b) The Committee reiterates its previous request for information, as set out in its 403rd Report, paragraph 304(a).
   • (c) The Committee again urges the Government to initiate expedite the process of reviewing Chapter VI of the Labour Law; the bylaw on establishment, the scope of duties and powers, and the forms of operation of trade associations and their confederations; and the guidelines and procedures concerning arts, media, and culture professional organizations, with a view to repealing the provisions that impose trade union monopoly at any level and replacing them with provisions that recognize the right of all workers, to establish and join organizations of their own choosing. It requests the Government to provide information on the steps taken in this respect and to communicate any draft drawn up or text adopted in the process.
   • (d) The Committee once again urges the Government to ensure that the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH) can function without hindrance through its de facto recognition pending legislative reform, and by ensuring that its officials and members are not arrested, detained and prosecuted for legitimate trade union activities.
   • (e) The Committee recalls the importance it attaches to the 1970 Resolution concerning Trade Union Rights and Their Relation to Civil Liberties and draws the Governing Body’s attention to the serious and urgent nature of this case.

B. Additional information from the complainant

1. 326. In a communication dated 30 January 2025, the International Trade Union Confederation (ITUC) raises its urgent concern over the 1,000 days in arbitrary detention of Cécile Kohler and Jacques Paris. The ITUC recalls that since their illegal arrest on 8 May 2022, Cécile Kohler and Jacques Paris remain unlawfully detained in Evin prison, in the high security quarter for political prisoners under the control of the intelligence services, accused of “association and collusion with the aim of undermining the security of the country”, which carries a sentence of two to five years imprisonment. Their situation remains dire as their state of health deteriorates due to the deplorable conditions of detention in which they are kept. They are in complete ignorance of any ongoing judicial proceedings.
2. 327. According to the ITUC, their conditions of detention fall far below international standards and are tantamount to torture: they live in 8-square-metre cells without windows, randomly shared with other inmates. Lights are on all day and there is 24-hour video surveillance. They are allowed three outings per week of 30 minutes each in a courtyard; however, these outings are often cancelled. Their lives are completely under the control of their jailers, and they are often subjected to ill-treatment and psychological torture, including intimidation, threats and repeated acts of manipulation. They are forbidden to talk to other detainees. Cécile’s glasses were confiscated by her jailers, even though she suffers from very poor eyesight.
3. 328. Contact with their families is scarce, as they are allowed to call home once a month at most. These calls are unscheduled and Cécile’s and Jacques’ families, who are not given any prior notice of the upcoming call, live in fear of missing it. This chance to call home is, however, often denied by the prison authorities for no apparent reason and months can go by before they can give any sign of life to their families. When they are able to call, the conversations take place under high surveillance, and Cécile and Jacques cannot express themselves freely about their conditions of detention or their state of health. These calls last an average of five minutes.
4. 329. The last sign of life they were allowed to give their families was a call on 26 January 2025. They are not allowed to contact the French Embassy in Tehran.
5. 330. These conditions do not comply in any way with the 2015 United Nations Standard Minimum Rules for the Treatment of Prisoners (the “Nelson Mandela Rules”) which set forth a number of minimum requirements for the protection of the rights of persons deprived of their liberty that State authorities must adhere to.
6. 331. Cécile Kohler and Jacques Paris have been authorized only three consular visits in almost three years of detention, the last of which took place a year ago, on 18 February 2024. This visit, like the first two, took place in a heavily controlled environment. They were afforded only 20 minutes with the representative of the French Government, under strict surveillance by the prison authorities and with a ban on talking about the criminal charges against them and the judicial proceedings. They have no way of getting in touch with the consular authorities. The French Embassy has made multiple requests for consular visits, but they are systematically rejected.
7. 332. By denying due process to Cécile Kohler and Jacques Paris, the Iranian authorities are violating the most fundamental rights of all individuals, that is freedom from arbitrary arrest and detention, the right to be informed of the charges brought against them, the right to have adequate time and facilities for the preparation of their defence and to communicate freely with counsel of their own choosing, and the right to a prompt trial by an impartial and independent judicial authority. These due process guarantees are enshrined in the Universal Declaration of Human Rights (Articles 9 and 10) and in the International Covenant on Civil and Political Rights (Articles 9 and 14), which the Islamic Republic of Iran ratified in 1975.
8. 333. The ITUC expresses its deepest concern at the total lack of due process and the prolonged detention of Cécile Kohler and Jacques Paris. It is one of the fundamental rights of the individual that a detainee be brought without delay before the appropriate judge and, in the case of trade unionists, freedom from arbitrary arrest and detention and the right to a fair and rapid trial are among the civil liberties which should be ensured by the authorities in order to guarantee the normal exercise of trade union rights. The ITUC firmly contests the charges of “association and collusion with the aim of undermining the security of the country”, which were brought against them for activities which fall well within legitimate trade union activities.
9. 334. The Government of Iran has yet to take any measures to comply with the Committee’s previous recommendations in this case. In view of the gravity of the situation, the ITUC requests the Committee once again to call on the Government of Iran to immediately drop all charges and release Cécile Kohler and Jacques Paris and ensure their safe return to their home country without any further delay.

C. The Government’s reply

1. 335. In its communication received on 10 September 2024, the Government indicates that, following diligent efforts and with the cooperation of the judiciary, Mr Reza Shahabi, Mr Hassan Saeedi and Mr Keyvan Mohtadi have been released from prison.
2. 336. Additional information in reply to Committee’s previous recommendations was sent on 22 April 2025. As regards the ratification of the Right to Organise and Collective Bargaining Convention, 1949 (No 98), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No 144), the Government indicates the bill to that effect has been submitted to Parliament and will be placed on the agenda, bearing in mind the tight schedule of Parliament. The Government emphasizes, however, that it is also awaiting the technical assistance agreed upon with the ILO, ACTRAV and ACTEMP.
3. 337. As regards the legislative framework, for freedom of association, the Government indicates that the labour law has not been revised but that the Ministry is pursuing efforts to amend the regulations for arts, media and cultural organizations.
4. 338. Regarding the two French citizens, Cécile Kohler and Jacques Paris, the Government indicates that, despite the fact that they were arrested on charges unrelated to union activities, considering the communications by the ILO and Education International, efforts are being made to ensure that the above individuals receive pardons and amnesty based on the laws and regulations.
5. 339. The Government concludes by reiterating its call for necessary technical assistance for the better and faster implementation of international labour standards in the Islamic Republic of Iran and to dispatch their technical and expert delegations to the country to conduct required training in order to strengthen relations and enhance the level of cooperation.
6. 340. Finally, on 30 April, the Government transmits an update on the release of some 15 labour activists of which only 1 figured in the case, Keyvan Mohtadi. The Government provides further details as to his sentencing to one and five years respectively on charges of acting against the State and assembly and colluding with the intention to act against national security. Following an appeal his sentence was reduced and he was released after serving 864 days.

D. The Committee’s conclusions

1. 341. The Committee recalls that this case, lodged in 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 trade union members and officials, including foreign trade unionists, and the inadequate legislative framework for the protection of freedom of association.
2. 342. The Committee notes with deep concern the additional information submitted by the ITUC concerning the continued provisional detention of Ms Cécile Kohler and Mr Jacques Paris since 7 May 2022, which has now lasted for three years.
3. 343. The Committee recalls that the Government previously indicated that the couple were charged with the crime of “assembly and collusion with the intention of committing a crime against the security of the State”, which carries a punishment of two to five years imprisonment, for having provided training to the members of Iranian teachers’ unions on methods of organizing, on holding strikes and protests, and on methods of safe contacts and communications avoiding surveillance by intelligence services. The Committee further recalls that it had noted in its previous examination of this case that the acts attributed by the Government to Ms Kohler and Mr Paris fall within legitimate trade union activities for which no one should be arrested, detained, prosecuted or sentenced and had firmly urged the Government to ensure that they are immediately released and to guarantee their safe return to their country.
4. 344. The Committee notes the latest information provided by the Government that, even though they were arrested on charges unrelated to union activities, considering the communications from the ILO and Education International, efforts are being made to ensure that the above individuals receive pardons and amnesty based on the laws and regulations. While noting the efforts apparently now being made for their release, the Committee regrets that no information was provided by the Government concerning the nature of their trial or the due process guarantees ensured to these two trade unionists, including those rights set forth in the International Covenant on Civil and Political Rights and in particular: to be informed promptly and in detail in a language which he/she understands of the nature and cause of the charge against him/her; to have adequate time and facilities for the preparation of his/her defence and to communicate with counsel of his/her own choosing; to be tried without undue delay; and to have the free assistance of an interpreter if he/she cannot understand or speak the language used in court. While the Government’s indication of a possible pardon after three years’ detention would be a positive move in this case, the Committee observes that, three years after their initial arrest, it has yet to be informed of their conviction by a court of law or provided a copy of any judicial decision in their case. The Committee must therefore recall that “The detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular”, and that “Preventive detention should be limited to very short periods of time intended solely to facilitate the course of a judicial inquiry” [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 123 and 140].
5. 345. Further noting that Mr Shahabi and Mr Saeedi, members of the SVATH, sentenced to six years imprisonment for having met with Ms Kohler and Mr Paris and participating in May Day demonstrations in 2022, and Mr Keyvan Mohtadi (the interpreter for Cécile Kohler and Jacques Paris), were released in September 2024, two years after their arrest, the Committee observes with deep regret that Ms Kohler and Mr Paris remain in preventive detention. While taking due note of the news of the release of Mr Shahabi, Mr Saeedi and Mr Mohtadi and expressing the firm expectation that they can continue to carry out their trade union activities free from interference and in a climate free from threat or intimidation, the Committee firmly urges the Government to ensure the immediate release of Ms Kohler and Mr Paris and guarantee their safe return to their country.
6. 346. As regards the legislative framework for freedom of association, the Committee notes the Government’s indication that the labour law has not been revised but that the Ministry is pursuing efforts to amend the regulations for arts, media and cultural organizations. The Committee recalls that throughout the examination of this case, it has noted that a trade union monopoly is enshrined not only in the provisions of the Labour Law but also in the By-law on the establishment, the scope of duties and powers, and the forms of operation of trade associations and their confederations (the By-law); and the guidelines and procedures concerning arts, media and culture professional organizations [see 396th Report, paras 442–443]. The Committee once again urges the Government to initiate the process of reviewing Chapter VI of the Labour Law and the By-law on the establishment, the scope of duties and powers, and the forms of operation of trade associations and their confederations which provide the overarching framework for organizing in the country and to keep it informed of the efforts to amend the guidelines and procedures concerning arts, media and culture professional organizations, with a view to the abrogation of all provisions imposing a trade union monopoly at any level and their replacement with provisions that recognize the right of all workers and employers to establish and join organizations of their own choosing. It requests the Government to provide information on the steps taken in this respect and to communicate any draft drawn up or text adopted in the process.
7. 347. Noting that the bill for the ratification of Conventions Nos 98 and 144 is still with Parliament and taking due note of the Government’s request for technical assistance, the Committee expresses the firm expectation that, with this assistance and in full consultation with representatives of workers and employers, the Iranian legislation will be rapidly brought into line with freedom of association. It further reiterates its previous request for information, as set out in its 403rd Report, paragraph 304(a).
8. 348. In the absence of any information from the Government in relation to the functioning of the SVATH, the Committee once again urges it to ensure that the SVATH can function without hindrance through its de facto recognition pending legislative reform, and to take steps to ensure that its officials and members are not arrested, detained and prosecuted for legitimate trade union activities. The Committee requests the Government to keep it informed of the steps taken and the progress made in this regard.

The Committee’s recommendations

1. 349. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following:
   • (a) Noting that three years after their arrest, Ms Cécile Kohler and Mr Jacques Paris remain in provisional detention, the Committee again firmly urges the Government to ensure that they are immediately released and to guarantee their safe return to their country and to keep it informed of the measures taken in this regard.
   • (b) The Committee again urges the Government to initiate the process of reviewing Chapter VI of the Labour Law and the By-law on the establishment, the scope of duties and powers, and the forms of operation of trade associations and their confederations, which provide the overarching framework for organizing in the country and to keep it informed of the efforts to amend the guidelines and procedures concerning arts, media and culture professional organizations, with a view to the abrogation of all provisions imposing a trade union monopoly at any level and their replacement with provisions that recognize the right of all workers, to establish and join organizations of their own choosing. It requests the Government to provide information on the steps taken in this respect and to communicate any draft drawn up or text adopted in the process.
   • (c) The Committee expresses the firm expectation that, with ILO technical assistance and in full consultation with representatives of workers and employers, the Iranian legislation will be rapidly brought into line with freedom of association. It further reiterates its previous request for information, as set out in its 403rd Report, paragraph 304(a).
   • (d) The Committee once again urges the Government to ensure that the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH) can function without hindrance through its de facto recognition pending legislative reform, and to take steps to ensure that its officials and members are not arrested, detained and prosecuted for legitimate trade union activities. The Committee requests the Government to keep it informed of the steps taken and the progress made in this regard.
   • (e) The Committee recalls the importance it attaches to the 1970 Resolution concerning Trade Union Rights and Their Relation to Civil Liberties and draws the Governing Body’s attention to the serious and urgent nature of this case.