Interim Report - Report No 380, October 2016

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

Allegations: The complainants allege that the authorities and the employer committed several and continued acts of repression against the local trade union at the Tehran bus company, as well as the arrest and detention of large numbers of trade unionists

1. 635. The Committee has examined the substance of this case on nine occasions, most recently at its June 2015 meeting, when it presented an interim report to the Governing Body [see 375th Report, paras 354–371, approved by the Governing Body at its 324th Session].
2. 636. The International Trade Union Confederation (ITUC) submitted new allegations and additional information in support of the complaint in communications dated 30 June and 28 September 2015.
3. 637. The Government sent partial observations in a communication dated 26 October 2015. The Government sent further information in a communication received on 26 October 2016, which, in view of its late receipt, could not be examined by the Committee at this meeting. The Committee will examine the information provided therein, along with any further information provided by the Government in reply to its recommendations, when it next examines this case.
4. 638. At its meeting in June 2016, the Committee observed that, despite the time which had elapsed since the previous examination of this case, it had still not received the full observations of the Government. The Committee issued an urgent appeal to the Government indicating that in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it may present a report on the substance of the case at its next meeting even if the Government’s observations or information had not been received in due time [see para. 8]. To date, no further information has been received from the Government.
5. 639. 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. 640. At its June 2015 meeting, the Committee made the following recommendations [see para. 371]:
   • (a) The Committee urges the Government to carry out independent investigations into the allegations of ill-treatment to which Mr Ebrahim Madadi, Vice-President of the SVATH union, and Mr Reza Shahabi, Treasurer of the Syndicate of Workers of Tehran and Suburbs Bus Company are said to have been subjected to while in detention. The Committee further expects that if these allegations are found to be true, both union leaders will be compensated accordingly. The Committee expects that the Government will be able to report without further delay on the outcome of these investigations.
   • (b) The Committee urges the Government to secure without further delay Mr Shahabi’s definitive release, through pardon or other means, the dropping of any remaining charges, as well as the restoration of his rights and the payment of compensation for the damage suffered. The Committee urges the Government to keep it informed in this regard.
   • (c) The Committee expects that the Labour Law and accompanying regulations will be effectively amended without delay so as to bring them into full conformity with the principles of freedom of association, including by allowing for trade union pluralism at all levels. It encourages the Government to accept the technical assistance of the Office in this regard and, in this framework, to transmit to it the latest version of the draft legislation with a view to ensuring its full conformity with the principles of freedom of association as set out in the Constitution of the ILO and the applicable Conventions.
   • (d) Pending the implementation of the legislative reforms, the Committee urges the Government to indicate the concrete measures taken in relation to the de facto recognition of the SVATH union, irrespective of its non-affiliation to the Confederation of Iranian Workers’ Trade Unions.
   • (e) The Committee once again requests the Government to provide a detailed report of the findings of the 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.
   • (f) Recalling that it had previously welcomed the Government’s request for ILO technical cooperation for the training of its disciplinary forces for the proper management of labour protests, the Committee expects that the Government will engage with the Office in this respect without delay. The Committee further notes the interest expressed by the Government in a training course on international labour standards for the judiciary and requests the Government to keep it informed on the progress made in this regard.
   • (g) The Committee draws the Governing Body’s special attention to the extremely serious and urgent nature of this case.

B. The complainants’ new allegations

1. 641. In communications dated 30 June and 28 September 2015, the ITUC alleges that the Government employs so called “security laws” to suppress public expression of dissent. Many activists have been convicted of disseminating “propaganda against the State” and “jeopardising national security” without regard to international standards of due process. Workers who try to organize independent unions are subjected to acts of violence, arrest and detention. Some are sentenced to and are serving lengthy prison sentences, often in the notorious Section 209 of the Evin Prison – reserved for political prisoners where mistreatments of trade unionists by prison authorities are reportedly common.
2. 642. The complainant indicates that the Government recently appointed one of the highest ranking intelligence officers to the post of the Labour Minister. Furthermore, according to the complainant, there has been a full deployment of intelligence and security personnel in the Ministry of Labour and intelligence agents are often at workplaces to monitor the activities of workers and inform the Government and employers.
3. 643. The ITUC further indicates that together with a number of global union federations, it has worked with independent trade unions in the Islamic Republic of Iran in an attempt to improve the situation. They have met with the Permanent Mission of the Islamic Republic of Iran to the United Nations and other international organizations in Geneva on many occasions to no avail.
4. 644. The ITUC alleges new cases of imprisonment of trade unionists. In particular, the ITUC alleges that Mr Jafar Azimzadeh, President of the Free Union of Workers of Iran (Ettehadieh Azad e Kargaran e Iran) and Mr Jamil Mohammadi, a member of the Free Union were sentenced by Branch 15 of the Revolutionary Court to six and three-and-a-half years of imprisonment, respectively, for their trade union activities. They were the coordinators of the 40,000 signature minimum wage increase petition campaign. Mr Azimzadeh was sentenced to five years on charges of gathering and collusion with intent to act against national security and to disturb the public peace (section 610 of the Islamic Penal Code) and one year on the charge of propaganda against the Islamic Republic (section 500 of the Islamic Penal Code). He was also banned for two years from membership in political parties and groups, as well as Internet and media activities (section 23 of Islamic Penal Code). According to the complainant, the decision referred to the following acts to support the final judgment:
   • – establishment of the Free Union of Workers of Iran, the National Union of Unemployed Workers and the Committee to Pursue the Establishment of Workers’ Organizations;
   • – leading workers’ protest in 2005;
   • – taking part in the International Workers’ Day rally in Laleh Park in 2009;
   • – organizing, planning and managing workers’ gatherings and threatening to call rallies and strikes in March 2013;
   • – collecting 40,000 workers’ signatures on the minimum wage petition and leading rallies outside the National Assembly and the Ministry of Labour;
   • – threatening to hold a rally on International Workers’ Day outside the Ministry of Labour in protest against the announced level of minimum wage, which was below the cost of living;
   • – lodging a complaint to Parliament, on behalf of 1,000 workers, against the former prosecutor of the Islamic Revolutionary Court and Prosecutor General of Tehran and others who embezzled from the Social Welfare Fund of up to 3,000 billion toman;
   • – leading protests against anti-labour amendment to the Labour Law;
   • – meeting other independent workers’ organizations, such as the Syndicate of Workers of Tehran and Suburbs United Bus Company, Haft Tappeh Sugarcane Workers’ Unions, the Coordinating Committee to Pursue the Establishment of Workers’ Organizations;
   • – giving and posting interviews on the website of the Free Union of Workers of Iran and a number of international news media.
5. Mr Azimzadeh was released on bail amounting to 200 million toman (approximately US$60,000) on 11 June 2015. However, it appears that all the charges against him remain pending. Mr Jamil Mohammadi, a member of the Free Union of Workers of Iran, was sentenced to three-and-a-half years imprisonment in 2015. He was a member of the Follow-up Committee to Pursue the Establishment of Workers’ Organizations, and charged for threatening national security. He is in Tabriz Central Prison, subjected to threats and persecution by the prison guards. According to the ITUC, he has been suffering from sleeplessness and losses of consciousness because of exhaustion; his requests for medical attention are ignored.
6. 645. The ITUC further submits allegations regarding violations of the right to freedom of association at Polyacryl, a holding company employing 1,500 workers and organized into ten separate subsidiaries. According to the ITUC, the management decided to divide the operations and break down the company, making some workers sign contracts with these subsidiaries. This led to concerns over job security, which resulted in the first protests on 30 October and 2, 3 and 5 November 2013. A second round of protest over job security was held on 16 November 2013 in Isfahan. More than 700 workers spent the night of 18 November 2013 at the factory mosque where they had joined with more co-workers. Around 1,000 workers continued their protest into the next day. The protest resumed with gatherings in the factory compounds on 17, 18, 19 and 20 November 2013. The workers called for the resignation of some board members of the company and a review of their actions. The workers also demanded the reinstatement of those who were dismissed due to their trade union activities; the company’s Islamic Labour Council was shut down and the activists associated with the Council expelled from the company. On 21 November 2013, daily protests were announced. On the same day, four workers, Mr Javad Lotfi, Mr Abbas Haghigh, Mr Kioumars Rahimi and Mr Ahmad Saberi were arrested and transferred to the city of Dastgerd.
7. 646. The ITUC also refers to other following cases of detention and imprisonment of trade unionists:
   • – In 2010, Mr Behnam Ebrahimzadeh’s sentence was extended for another nine and a half years; he had already served five years in prison for alleged collusion against the regime and for association with Ahmad Shahid and the People’s Mojahedin Organization of Iran.
   • – Workers at Loushan Cement Factory in the city of Rasht protested outside the Governor’s office on Sunday, 29 December 2013 against the closure of the factory. They were detained by security forces.
   • – In 2014, a court sentenced four petrochemical workers to 50 lashes and six months in prison.
   • – On 5 April 2015, a court sentenced five protesting mine workers to one year in prison and lashes for “disturbing public order”. Over the past two years, over one thousand workers at Chadormalu iron ore mine held a series of gatherings and sit-in protests against mass layoffs and low wages. Dozens of workers were arrested in February 2014, but released a few days later while another group of 31 workers were also summoned to the court.
   • – On May Day 2015, the Government detained Mr Shapour Ehsanirad, Ms Parvin Mohammadi and other Tehran bus workers. Furthermore, Mr Shapour Ehsanirad, an executive member of the Free Union of Workers of Iran was arrested by the security forces on Saturday, 16 May 2015 and charged with “inciting workers of the Safa Rolling and Pipe Mills Co.”. The complaint believes that Mr Ehsanirad was recently released on bail.
   • – In 2015, labour activist Mr Mohammad Jarrahi was subjected to repeated harassment in the Tabriz Central Prison.
   • – Mr Shahrokh Zamani, a member of the Founding Board of the Syndicate of Paint Workers of Tehran and the Committee to Pursue the Establishment of Workers’ Organizations, was found dead on 13 September 2015 in Gohardasht (Rajai Shahr) Prison in Karaj. He was serving an 11-year sentence for the crime of disseminating “propaganda against the regime and forming socialist groups” and “endangering national security”. The complainant claims that Mr Zamani was denied access to medication and visitors, 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. While the cause of death was listed as “of natural causes”, the complainant underlines the absence of an independent investigation.
   • – Mr Mahmoud Salehi, a trade union activist and founding member of the Committee of the Trade Association of Bakery Workers of the city of Saqez has been targeted and persecuted by the Government for organizing legitimate trade union activities. He was arrested and detained in 1986 (for three years), 1995, 1999 (for 75 days), 2000 (for ten months, after which he was deprived of the right to stand for union office) and 2001 (for several days, after which he was dismissed), 1 May 2004 and in 2007 (detained for one year for organizing the Saqez May Day rally). The complainant alleges that he was arrested again in April 2015 before May Day celebration and sentenced to a nine-year-term of imprisonment on 16 September 2015.
   • – Mr Ali Nejati, former President of Haft Tapeh Sugar Company Workers’ Syndicate, was arrested on 15 September 2015 and his personal belongings including his computer and notes were seized. Mr Nejati was one of the five union leaders who were arrested in December 2008 two months after the establishment of the union. The complainant is unaware of his whereabouts and expresses concerns as Mr Nejati suffers from a long-term heart problem and relies on medication.
8. 647. The ITUC points out that it is unaware of any reform to the Labour Law initiated by the Government to address the issues raised. The ITUC further alleges escalated repression against teachers’ union activists.

C. The Government’s reply

1. 648. In a communication dated 26 October 2015, the Government explains that many of the issues relating to the situation of workers in the Islamic Republic of Iran result from unilateral sanctions imposed on the country and its trade relations and which led to a precarious economic situation for many workers and enterprises. The Government underlines that in order to help solve these issues, Islamic Republic of Iran has taken measures at the national level and asked that a special rapporteur be appointed to investigate the effect of unilateral sanctions on human rights in the country.
2. 649. The Government recalls that the right of unions to protest is protected by the national Constitution, the Labour Law, the Act on the 5th Economic Development Plan of the country and the 2011 by-law on managing trade union demands.
3. 650. The Government indicates that a particular effort has been made to treat workers’ offences with leniency and tolerance; going as far as reducing penalties after the verdict in some cases. In other cases, however, the accused used freedom of association rights in an abusive way or for illegitimate objectives such as terrorist actions, armed conflicts, attempts to overthrow the State or to cause ethnic and religious hatred.
4. 651. The Government provides the following information on the situation of the workers named in the ITUC communications:
   • – Mr Jafar Azimzadeh was arrested on 30 April 2014; after a few days in prison he was released on bail on 20 May 2014.
   • – Mr Jamil Mohammadi was released on bail on 30 April 2014, after a few days in prison. The court has examined the charges against him, but no final verdict has been issued.
   • – Mr Shapour Ehsani-Raad was released on bail on 10 June 2015, after 27 days in prison.
   • – Ms Parvin Mohammadi received a court summons to testify on 18 May 2015 and was released on bail the same day.
   • – Mr Mehdi Bohluli was arrested on 1 September 2015 and released on bail on 29 September 2015.
   • – Mr Mohammadreza Niknejad was arrested on 1 September 2015 and released on bail on 29 September 2015.
   • – Mr Ali Nejati was released on bail after one month in jail on 17 October 2015.
5. 652. The Government explains that some workers were accused of crimes unrelated to trade union activities. With regard to Mr Ebrahimzadeh, the Government indicates that he was tried by the Tehran Islamic Revolutionary Court for the following offences: (1) assembly and collusion to commit crimes against national security; (2) propaganda against the Islamic Republic of Iran; and (3) disturbing public order. On 2 July 2011, the court sentenced Mr Ebrahimzadeh to five years of discretionary imprisonment. The sentence was confirmed on appeal. The Government indicates that during his time in prison, he had access to the medical and health-care facilities outside the detention house in various hospitals. Furthermore, he has benefited from several visitation privileges to meet his wife and family members and used prison leave from 21 January to 11 February 2013. He is currently serving his prison sentence in Rajaee-Shar Prison.
6. 653. The Government further explains that Mr Jarrahi was convicted on 28 August 2011 by the Tabriz Court to five years of discretionary imprisonment for his participation in an illegal opposition group, engaging in propaganda against the State and assembly and collusion to commit a crime against national security. The decision was upheld on appeal. According to the Government, with the help of other accomplices, he organized a group called the Labour Democratic Movement which published a leaflet entitled “The Voice of Revolution” which encouraged workers to take armed action against the State.
7. 654. Addressing the case of Mr Salehi, the Government points out that he was charged with propaganda against the State and membership in an illegal group, the Komoleh terrorist group. He was arrested on 8 April 2015 in Saghez. No final verdict has yet been issued in his case and he is currently free.
8. 655. Regarding the case of Mr Zamani, the Government recalls that he was charged with membership in an illegal opposition group and propaganda against the State. He was sentenced to ten years of imprisonment and one year of discretionary imprisonment by the court of Tabriz on 28 August 2011. He was serving his prison sentence and enjoyed all legal rights. The Government indicates that according to the records of Alborz Province justice administration, on 13 September 2015, at 4.50 p.m., some of the inmates noticed the lack of mobility of Mr Zamani; he was immediately transferred to the prison clinic where the medical examination revealed that he had died of a stroke while sleeping. Upon the issuance of a burial permit, he was buried on the date requested by his family. His family called for an independent investigation which was still ongoing.
9. 656. The Government concludes by stating that it is ready to receive ILO technical assistance on exchange of experiences and take advantage of trainings on the management of corporate gatherings.

The Committee’s conclusions

1. 657. The Committee recalls that this case, lodged in July 2006, concerns acts of repression against the local trade union at the Tehran bus company, as well as the arrest and detention of large numbers of trade union trade unionists.
2. 658. The Committee regrets that, despite the time that has elapsed since the last examination of this case, the Government has not provided its full observations on the pending matters even though it had been requested several times to do so, including through an urgent appeal. The Committee is therefore bound to reiterate its previous recommendations and urges the Government to provide detailed information thereon without further delay.
3. 659. The Committee notes with serious concern numerous new allegations of arrest and imprisonment of trade unionists submitted by the ITUC.
4. 660. The Committee notes, in particular, that the ITUC alleges that Mr Jafar Azimzadeh, President of the Free Union of Workers of Iran, and Mr Jamil Mohammadi, a member of that union, were sentenced to six and three-and-a-half years of imprisonment, respectively, for their trade union activities. They were the coordinators of the minimum wage increase petition campaign. Mr Azimzadeh was sentenced to five years on charges of gathering and collusion with intent to act against national security and to disturb the public peace and one year on the charge of propaganda against the Islamic Republic. He was also banned for two years from membership in political parties and groups, as well as Internet and media activities. According to the complainant, the decision referred to the following acts to support the final judgment:
   • – establishment of the Free Union of Workers of Iran, the National Union of Unemployed Workers and the Committee to Follow Up the Formation of Free Labour Organizations;
   • – leading workers’ protest in 2005;
   • – taking part in the International Workers’ Day rally in Laleh Park in 2009;
   • – organizing, planning and managing workers’ gatherings and threatening to call rallies and strikes in March 2013;
   • – collecting 40,000 workers’ signatures on the minimum wage petition and leading rallies outside the National Assembly and the Ministry of Labour;
   • – threatening to hold a rally on International Workers’ Day outside the Ministry of Labour in protest against the announced level of minimum wage, which was below the cost of living;
   • – lodging a complaint to Parliament, on behalf of 1,000 workers, against the former prosecutor of the Islamic Revolutionary Court and Prosecutor General of Tehran and others who embezzled from the Social Welfare Fund of up to 3,000 billion toman;
   • – leading protests against anti-labour amendment of Labour Law;
   • – meeting other independent workers’ organizations, such as the Syndicate of Workers of Tehran and Suburbs United Bus Company, Haft Tappeh Sugarcane Workers’ Unions, the Coordinating Committee to Pursue the Establishment of Workers’ Organizations;
   • – giving and posting interviews on the website of the Free Union of Workers of Iran and a number of international news media.
5. According to the ITUC, Mr Azimzadeh was released on bail amounting to 200 million toman (approximately US$60,000) on 11 June 2015. However, it appears that all the charges against him are still pending. Mr Mohammadi was sentenced to three-and-a-half years imprisonment in 2015. He was a member of the Follow-up Committee to Pursue the Establishment of Workers’ Organizations, and charged for threatening national security. In Tabriz Prison, he is subjected to threats and persecution by the prison guards. According to the ITUC, he has been suffering from sleeplessness and losses of consciousness because of exhaustion and his requests for medical attention are ignored.
6. 661. The Committee notes that regarding these two individuals, the Government indicates that Mr Azimzadeh was arrested on 30 April 2014 and released on bail on 20 May 2014. Mr Mohammadi was released on bail on 30 April 2014, after a few days in prison. The court has examined the charges against him, but no final verdict has been issued.
7. 662. The Committee notes that the information provided by the Government dates back to April 2014, while the ITUC refers to developments occurring in 2015. The Committee regrets that the Government provides no details in reply to the ITUC allegations as to the reasons behind their arrest and that it would appear that the two trade unionists had been arrested, detained and charged for carrying out genuine trade union activities, nor does it refute these allegations. While noting that he was released on bail, the Committee deplores that the charges against Mr Azimzadeh appear to be pending for over two years and recalls the importance of ensuring prompt and fair trial, as justice delayed is justice denied. The Committee further recalls that the detention of trade union leaders or members for trade union activities or membership is contrary to the principles of freedom of association. 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 [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, paras 105, 61 and 64]. In light of the information available to it and in the absence of any detailed explanation by the Government relating to the reasons for this arrest, 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 all medical assistance required.
8. 663. The Committee further notes that according to the ITUC, on May Day 2015, the Government detained Mr Shapour Ehsanirad, Ms Parvin Mohammadi and other Tehran bus workers. Mr Ehsanirad, executive member of the Free Union of Iranian Workers, was arrested by the security forces on 16 May 2015 and charged with “inciting workers of the Safa Rolling and Pipe Mills Co.”. The complaint believes that Mr Ehsanirad was recently released on bail.
9. 664. The Committee notes the Government’s indication that Mr Ehsanirad was in fact released on bail on 10 June 2015, after 27 days in prison. According to the Government, Ms Mohammadi was summoned to testify on 18 May 2015 and was released on bail the same day.
10. 665. The Committee regrets that the Government provides no information as to the reason for the measures taken against Mr Ehsanirad, Ms Mohammadi and other Tehran bus workers. In addition to the principles above, the Committee recalls that measures depriving trade unionists of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights [see Digest, op. cit., para. 63]. 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.
11. 666. The Committee notes the ITUC allegations of violation of freedom of association at the Polyacrylc company. According to the ITUC, the management’s decision to divide the operations and break down the company led to concerns over job security, which resulted in protests in October and November 2013. The workers demanded the reinstatement of workers dismissed for their trade union activities. In this connection, on 21 November 2013, four workers, Mr Javad Lotfi, Mr Abbas Haghigh, Mr Kioumars Rahimi and Mr Ahmad Saberi were arrested and transferred to the city of Dastgerd.
12. 667. Similarly, the ITUC alleges that workers at the Loushan Cement Factory in the city of Rasht protested outside the Governor’s office on Sunday, 29 December 2013 against the closure of the factory. They were detained by security forces. Furthermore, according to the complainant, in 2014, a court sentenced four petrochemical workers to 50 lashes and six months in prison. On 5 April 2015, a court sentenced five protesting mine workers to one year in prison and lashes for “disturbing public order”; the employers named five workers as leaders of the protests and had demanded that they be dealt with harshly. According to the ITUC, over the past two years, over 1,000 workers at Chadormalu iron ore mine held a series of gatherings and sit-in protests against mass layoffs and low wages. Dozens of workers were arrested in February 2014, but released a few days later while another group of 31 workers were summoned to the court.
13. 668. The Committee deeply regrets that the Government provides no information in respect of the above extremely serious allegations and urges the Government to do so without delay.
14. 669. The Committee further notes that the ITUC alleges that in 2010, Mr Behnam Ebrahimzadeh’s (a labour activist and a member of the Committee to Pursue the Establishment of Workers’ Organizations) sentence was extended for another nine-and-a-half years and recalls that he had already served five years in prison for an alleged collusion against the regime and for association with Mr Ahmad Shahid and the People’s Mojahedin Organization of Iran. The ITUC further alleges that in 2015, labour activist Mr Jarrahi has been subjected to repeated harassment in Tabriz Central Prison.
15. 670. The Committee notes the Government’s explanation to the effect that some workers were accused of crimes that are unrelated to trade union activities. With regard to Mr Ebrahimzadeh, it indicates that he was tried by the Tehran Islamic Revolutionary Court for the following offences: (1) assembly and collusion to commit crimes against national security; (2) propaganda against the Islamic Republic of Iran; and (3) disturbing public order. The court sentenced Mr Ebrahimzadeh to five years of discretionary imprisonment on 2 July 2011. The sentence was confirmed on appeal. The Government indicates that during his time in prison, he was allowed to use medical and health-care facilities outside the detention house, meet his wife and family members. He also used prison leave from 21 January to 11 February 2013. He is currently serving his prison sentence in Rajaee-Shar Prison. With regard to Mr Jarrahi, the Government explains that he was convicted on 28 August 2011 by the Tabriz Court to five years of discretionary imprisonment for his participation in an illegal opposition group, engaging in propaganda against the State and assembly and collusion to commit a crime against national security. The decision was upheld on appeal. According to the Government, with the help of other accomplices, he organized a group called the Labour Democratic Movement which published a leaflet entitled “The Voice of Revolution” which encouraged workers to take armed action against the State.
16. 671. Noting the Government’s indication that these persons were charged with engaging in propaganda against the State, association with an illegal organization and the complainant’s contention that the accused are labour activists convicted for their activities in defence of workers’ interest, the Committee wishes to emphasize that in cases where the complainants alleged that trade union leaders or workers had been arrested for trade union activities, and the Government’s replies amounted to general denials of the allegation or were simply to the effect that the arrests were made for subversive activities, for reasons of internal security or for common law crimes, the Committee has followed the principle that the Government concerned should be requested to submit further and as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof and the result of such proceedings, in order to be able to make a proper examination of the allegations. Observing that the information provided is quite general, and in light of the possible link between their arrest and their trade union activities, the Committee urges the Government to provide it with precise and detailed information on the specific actions that have warranted charges against Mr Ebrahimzadeh and Mr Jarrahi and copies of their court judgments in their cases.
17. 672. The Committee further notes that the ITUC alleges that Mr Shahrokh Zamani, a member of the Founding Board of the Syndicate of Paint Workers of Tehran and the Committee to Pursue the Establishment of Workers’ Organizations, was found dead on 13 September 2015 in Gohardasht (Rajai Shahr) Prison in Karaj. He was serving an 11-year sentence for the crime of disseminating propaganda against the regime and forming socialist groups and endangering national security. The complainant claims that Mr Zamani was denied access to medication and visitors, 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. While the cause of death was listed as “of natural causes”, the complainant underlines the absence of an independent investigation in this respect.
18. 673. The Committee notes the Government’s indication that Mr Zamani was accused of being a member of an illegal opposition group and disseminating propaganda against the State. He was sentenced to ten years of imprisonment and one year of discretionary imprisonment by the court of Tabriz on 28 August 2011. He was serving his prison sentence and enjoyed all rights enjoyed by all other inmates. The Government indicates that according to the records of Alborz Province justice administration, on 13 September 2015, at 4.50 p.m., some of the inmates noticed the lack of mobility of Mr Zamani; he was immediately transferred to the prison clinic where the medical examination revealed that he had died of a stroke while sleeping. Upon the issuance of a burial permit, he was buried on the date requested by his family. His family called for an independent investigation which was still ongoing.
19. 674. The Committee expects that the independent investigation into the circumstances of Mr Zamani’s death will be concluded without delay and requests the Government to provide detailed information on the outcome thereof.
20. 675. The Committee notes the ITUC allegation that another trade union activist, Mr Ali Nejati, now retired and former President of Haft Tapeh Sugar Company Workers’ Syndicate, was arrested on 15 September 2015 and his personal belongings including his computer and notes were seized. The ITUC recalls that Mr Nejati was one of the five union leaders who were arrested in December 2008 two months after the establishment of the union. The complainant is unaware of his whereabouts and expresses concerns as Mr Nejati suffers from a long-term heart problem and relies on medication.
21. 676. The Committee notes the Government’s indication that Mr Nejati was released on bail after one month in jail on 17 October 2015.
22. 677. The Committee recalls that it had previously examined the allegation of arrest, conviction and imprisonment of several officers of the Haft Tapeh Sugar Cane Workers’ Union, including Mr Nejati, in connection with the organization of a strike in 2007 and the creation of a union in June 2008 [see 365th Report, Case No. 2747]. On that occasion, and following the abrogation of the relevant court sentences, the Committee further urged the Government to ensure that the prohibition to engage in trade union activities imposed on him and other trade union officials was immediately lifted [see para. 98]. The Committee regrets that the Government does not provide a detailed reply to this new allegation and on the charges pending against him. The Committee expresses its deep concern over the allegations and urges the Government to provide detailed information on the situation of Mr Nejati without delay.
23. 678. The Committee further notes that the complainant refers to the case of Mahmoud Salehi, a trade union activist and founding member of the Committee of the Trade Association of Bakery Workers of the city of Saqez. The ITUC recalls that he was arrested and detained in 1986 (for three years), 1995, 1999 (for 75 days), 2000 (for ten months, after which he was deprived of the right to stand for union office) and 2001 (for several days, after which he was dismissed), 1 May 2004 and in 2007 (detained for one year for organizing the Saqez May Day rally). The complainant alleges that he was arrested again in April 2015 before the May Day celebration and sentenced to nine years’ imprisonment on 16 September 2015.
24. 679. The Committee notes that the Government points out that he was charged with propaganda against the State and membership in an illegal group, the Komoleh terrorist group; was arrested on 8 April 2015 in Saghez; no final verdict has yet been issued in his case and he is currently free.
25. 680. The Committee recalls that it had examined the allegations concerning the arrest and detention of some 50 participants, including Mr Salehi, leader of the Trade Association of Saqez Bakers, in a peaceful May Day rally in Saqez, as well as the allegations of search and seizure of documents in the home of Mr Salehi in Case No. 2323 (see 354th Report, last examined in June 2009, closed due to the lack of the follow-up information). The Committee notes that the Government indicates, just as it did in relation to Case No. 2323, that Mr Salehi’s arrest is unrelated to his trade union activities. The Committee recalls that Mr Salehi had been already acquitted of the charge of participation in the activities in a banned Komoleh Party [see 342nd Report, para. 683 and 337th Report, paras 1037–1044]. In this respect, and recalling that workers should enjoy the right to peaceful demonstrations to defend their occupational interests [see Digest, op. cit., para. 133], the Committee requests the Government to ensure that all charges related to the organization of the Labour Day march and the peaceful participation therein, are immediately dropped. It requests the Government to keep it informed in this respect and to provide a copy of the judgment in relation to any other charges.
26. 681. The Committee notes that the Government reiterates its readiness to receive ILO technical assistance on exchange of experiences and take advantage of trainings on the management of gatherings. Recalling the interest previously expressed by the Government in a training course on international labour standards for the judiciary and for the training of its disciplinary forces for the proper management of labour protests, the Committee expects that the Government will engage with the Office in this respect without delay.
27. 682. As regard the information provided by the ITUC together with the Government’s reply in relation to the repression of teachers’ union activities, these matters will be examined in the framework of Case No. 2566, concerning the repression of teachers and the obstruction of their exercise of legitimate trade union activities.

The Committee’s recommendations

1. 683. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Deeply regretting that the Government has not provided full replies to its previous recommendations, the Committee urges the Government to be more cooperative in the future and to provide detailed information in relation to the following requests:
     • (i) The Committee urges the Government to carry out independent investigations into the allegations of ill-treatment to which Mr Ebrahim Madadi, Vice-President of the SVATH union, and Mr Reza Shahabi, Treasurer of the Syndicate of Workers of Tehran and Suburbs Bus Company are said to have been subjected to while in detention. The Committee further expects that if these allegations are found to be true, both union leaders will be compensated accordingly. The Committee expects that the Government will be able to report without further delay on the outcome of these investigations.
     • (ii) The Committee urges the Government to secure without further delay Mr Shahabi’s definitive release, through pardon or other means, the dropping of any remaining charges, as well as the restoration of his rights and the payment of compensation for the damage suffered. The Committee urges the Government to keep it informed in this regard.
     • (iii) The Committee expects that the Labour Law and accompanying regulations will be effectively amended without delay so as to bring them into full conformity with the principles of freedom of association, including by allowing for trade union pluralism at all levels. It encourages the Government to accept the technical assistance of the Office in this regard and, in this framework, to transmit to it the latest version of the draft legislation with a view to ensuring its full conformity with the principles of freedom of association as set out in the Constitution of the ILO and the applicable Conventions.
     • (iv) Pending the implementation of the legislative reforms, the Committee urges the Government to indicate the concrete measures taken in relation to the de facto recognition of the SVATH union, irrespective of its non-affiliation to the Confederation of Iranian Workers’ Trade Unions.
     • (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.
   • (b) 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 all medical assistance required.
   • (c) 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 arrest of Mr Javad Lotfi, Mr Abbas Haghigh, Mr Kioumars Rahimi and Mr Ahmad Saberi; alleged detention of workers of Loushan Cement Factory; alleged sentencing of four petrochemical workers to 50 lashes and six months in prison in 2014, and of five protesting mine workers to one year in prison and lashes for “disturbing public order” in 2015; and alleged arrest and summons to court of workers of Chadormalu 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.
   • (d) The Committee expects that the independent investigation into the circumstances of Mr Zamani’s death will be concluded without delay and requests the Government to provide detailed information on the outcome thereof.
   • (e) 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.
   • (f) Noting that the Government reiterates its readiness to receive ILO technical assistance, the Committee expects that the Government will engage with the Office in this regard without delay.
   • (g) The Committee draws the Governing Body’s special attention to the extremely serious and urgent nature of this case.