Background on Free Expression in Iran

IRAN FOCUS

Writers On Minority Issues Under Attack

May 2009

Background on Free Expression in Iran

Iran has long been a major concern for International PEN as a country that has consistently imprisoned a large number of writers and journalists in prison. Detainees are commonly held in poor conditions, without access to family, medical care and legal representation, and widespread reports of the use of torture against political prisoners add to PEN's concerns for the welfare of those detained. Many of these prisoners report that they have been subjected to degrading treatments such as beatings, mock executions, prolonged solitary confinement, and sleep deprivation. Coerced confessions from detainees are often used and validated by courts of law. Trials commonly fall short of international standards of fairness.

Iran became an Islamic republic in 1979, when the monarchy was overthrown and religious clerics assumed political control under Supreme Leader Ayatollah Khomeini. However, following the victory of the reformist leader Mohammad Khatami in the presidential election of 1998 and victory of pro-reform groups in the parliamentary elections of 2000, Iran appeared to be entering an era of greater liberalism. Former President Khatami's support for greater political and social freedoms enabled debate to flourish, but put him at odds with the supreme leader, Ayatollah Khamenei, and the religious hardliners who retained control of many institutions including the judiciary. An offensive on the reformist movement began in which writers and journalists were particularly targeted. The Iranian intelligence services were implicated in the November 1998 assassinations of a number of leading Iranian writers in what came to be known as the 'serial murders' case. Many reformist and independent figures were arrested and hundreds of publications banned. The election of ultra-conservative President Ahmadinejad in August 2005 has further suppressed dissent.

The human rights situation in Iran has worsened considerably since President Ahmadinejad came to power. Freedom of expression and assembly has been harshly constrained and journalists, writers, scholars, and women's rights and community activists have been subject to arbitrary arrest, travel bans, closure of their organisations and harassment. President Mahmoud Ahmadinejad's administration has reportedly increased its intelligence operations to include the widespread surveillance of journalists, political activists and intellectual dissidents, and peaceful demonstrations have been violently suppressed by the authorities. Those to have been targeted for their participation in peaceful protests in recent years include a group of thirty women who were arrested four days ahead of International Women's Day on 8 March 2007 for allegedly ‘threatening national security'. All were later released on bail, although at least four still face charges.

The country's Penal Code and Press Law (April 2000) allow for the prohibition of a range of activities, many of which restrict press freedom and freedom of expression. These laws are used to enforce strict controls on internet access, monitor internet writers (bloggers), ban publications, and detain or harass people solely for expressing their views. The charges used to imprison writers include ‘publishing lies'; ‘spreading unsubstantiated news stories'; ‘endangering national security', ‘insulting Islamic values' and Moharebeh (‘being an enemy of God'). The Ministry of Islamic Culture and Guidance is responsible for dealing with alleged violations of the Press Law, and has the authority to ban publications. This Ministry is also formally responsible for referring contraventions of the Press Law to the Press Court or to the Revolutionary Court. The wide remit of this Law ranges from setting legitimate objectives that the press is entitled to pursue, to prohibiting the publication of matters related to atheism, insulting Islam or offending the State, and libel.

Other issues of concern are book censorship and state pressure on independent publishers in Iran that has tightened dramatically since President Mahmoud Ahmadinejad came to power. Several thousand new and previously published works have reportedly been blacklisted by the Iranian authorities, and the publishing industry is said to be in crisis.

Iranian legislation recognises freedom of expression under Article 24 of its Constitution, which states:

‘Publications and the press have freedom of expression except when it is detrimental to the fundamental principles of Islam or the rights of the public. The details of this exception will be specified by law.'

As of May 2009, International PEN's Writers in Prison Committee is monitoring the cases of six writers serving prison terms clearly linked to the legitimate practice of their professions, with a further nine cases under investigation. It is also monitoring fourteen cases of writers who are on trial although not at present in prison. Go to the WiPC Caselist for more: http://www.internationalpen.org.uk/files/dmfile/CaselistJulyDec2008.pdf

For more information on Iran's political structure, please visit the following BBC link:
http://news.bbc.co.uk/1/shared/spl/hi/middle_east/03/iran_power/html/default.stm .

For an overview on human rights in Iran see Amnesty International's country report 2008: http://www.amnesty.org/en/region/iran/report-2008