Informe provisional - Informe núm. 403, Junio 2023

Caso núm. 2508 (Irán (República Islámica del)) - Fecha de presentación de la queja:: 25-JUL-06 - Activo

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. 278. The Committee last examined this case (submitted in 2006) at its October 2022 meeting, when it presented an interim report to the Governing Body [see 400th Report, approved by the Governing Body at its 346th Session, paras 479–518]. 
2. 279. The International Trade Union Confederation (ITUC) sent additional information in a communication dated 2 February 2023.
3. 280. The Government forwarded its observations in a communication dated 1 May 2023.
4. 281. 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. 282. At its November 2022 meeting, the Committee made the following recommendations [see 400th Report, para. 518]:
   • (a) The Committee notes the further steps taken by the Government for the ratification of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and expects that the process of ratification of Conventions Nos 98 and 144 will soon come to conclusion and that the expert and tripartite working groups within the Ministry of Labour working on the compatibility of national law with Convention No. 87 will soon produce concrete proposals. It requests the Government to keep it informed of developments in this regard.
   • (b) The Committee notes the government measures taken to review Chapter VI of the Labour Law, the by-law 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 bringing them into conformity with the principles of freedom of association. It firmly expects that these review processes will result in a legislative reform that will at last allow for union pluralism at all levels in Iran. It requests the Government to keep it informed of any progress in this regard. The Committee once again recalls that the technical assistance of the Office remains available to it should it so desire.
   • (c) 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.
   • (d) The Committee urges the Government to immediately release Mr Reza Shahabi, Mr Hassan Saeedi, Mr Rasoul Bodaghi, Ms Cécile Kohler, Mr Jacques Paris and all other trade unionists arrested and detained merely for having met and discussed matters of common workers’ interest. The Committee further urges the Government to ensure that all those arrested in this case are provided with due process guarantees, including immediate consular assistance for Ms Kohler and Mr Paris, and to refrain from using solitary confinement as a tool of psychological pressure. The Committee requests the Government to keep it informed of the measures taken in this regard.
   • (e) The Committee requests the Government to take all the necessary measures to ensure that when trade unionists are prosecuted, their right to a fair trial is duly respected, and that in particular the judgments issued are made public.
   • (f) The Committee once again urges the Government to ensure Mr Shapour Ehsani Raad’s immediate release. It further requests the Government to ensure that Mr Mohammadi’s sentence is not executed should he have been convicted due to his trade union activities.
   • (g) The Committee draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

B. Additional information from the complainants

1. 283. In a communication dated 2 February 2023, the ITUC sent updated information in relation to the situation of Ms Cécile Kohler and Mr Jacques Paris, two French trade unionists arrested in the Islamic Republic of Iran on 8 May 2022. The ITUC recalls that Ms Kohler, who is 37, is a teacher. She and Mr Paris, aged 69, are both members of the French trade union FO Federation of National Education and Vocational Training (FNEC FP FO). The complainant states that the couple are unlawfully detained in the Islamic Republic of Iran since the date of their arrest and are accused of “association and collusion with the aim of undermining the security of the State”. For seven months Ms Kohler and Mr Paris’ whereabouts remained unknown and no information on their conditions of detention, or their health and well-being could be obtained.
2. 284. The ITUC indicates that on 23 November 2022, the Iranian Government granted a brief consular visit, and the French ambassador met the two trade unionists separately for ten minutes in Evin Prison. On 18 December the two were allowed to speak on the phone with their respective families for four minutes. Since then, neither the embassy nor the families have received any news. The complainant alleges that the brief contacts confirmed that both trade unionists were held in very bad detention conditions, including solitary confinement in the first three months, and their mental and physical health was severely impacted and deteriorating.

C. The Government’s reply

1. 285. Concerning ratification of international labour Conventions related to freedom of association, the Government indicates that ratification of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and Convention No. 98, has been a priority for it over the recent years. Concerning Convention No. 98, the Government indicates that the ratification bill was discussed at Parliament on 12 July 2022 and passed unanimously. The adopted text was subsequently submitted to the Constitutional Council, which made some comments and therefore the text was returned to the council of ministers for amendment. It was decided that issues and concerns will be discussed by the tripartite working group and be returned to the Constitutional Council after amendment. Concerning Convention No. 144, the Government indicates that the related bill is expected to be considered by the technical parliamentary committees.
2. 286. Concerning the situation of Ms Cécile Kohler and Mr Jacques Paris, the Government indicates that they have been under provisional detention since 7 May 2022 in accordance with an order issued by an investigating judge at Tehran Prosecutor’s Office and are both prosecuted under the charge of assembly and collusion with the intention of committing crime against national security. No judgment has yet been delivered in their case. The Government further indicates that Ms Kohler and Mr Paris formed a team, training Iranian union members and directing protests under the cover of a family travelling on ordinary French passports. They entered the country one day before Labour Day 2022 and since their arrival held training meetings with workers and teacher activists and famous organizations while being attentive to security considerations. Most of these meetings were documented and Ms Kohler and Mr Paris’ arrest was coordinated in accordance with a judicial warrant. The Government adds that the couple had meetings with the Teachers’ Association, the Teachers’ Coordination Council, the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH) and the left-wing labour alliance, affiliated to Marxist opposition agents and leaders, focusing on how to transform the teachers’ and the SVATH claims into street protest actions against the State. Prior to their arrival while they were still in France, they had organized online meetings and training webinars with the participation of the Coordination Council of Representatives of Iranian Teachers. During those virtual meetings, methods of organizing, safe contacts and fighting with the State were presented and training pamphlets were provided. The Government adds that Ms Kohler and Mr Paris, had also held several webinars and face-to-face training courses in a safe home located in a Tehran neighbourhood, aiming at holding teachers’ union strikes and protests; injected significant amounts of money for financial support; provided technical support and sent technical items in order to covertly communicate and not be discovered by intelligent services, seeking to overthrow the Islamic Republic of Iran. The Government finally adds that the couple had visited Abyaneh as part of their cover-up travel and Ms Kohler had used professional cameras to shoot from the heights around Natanz. According to the Government Ms Kohler is an experienced person in training, organizing protests of teachers and workers in US-targeted countries including Serbia, Hungary, Türkiye, Egypt, Congo, and some other African countries and has sought to launch a project in the ILO training department to support empowerment of young communist unions under the protection of the French National Syndicate. The Government adds that the couple has continuous access to consular assistance and family visits.
3. 287. Regarding the situation of Mr Reza Shahabi, the Government indicates that he was arrested in accordance with a warrant issued by the competent judicial authority and was transferred to Evin prison on 12 May 2022, where he is currently held in the public ward. He is charged with “assembly and collusion for committing crime against national security”. He was indicted and his case was sent to the court in Tehran. He received six visits from his first-degree relatives and his attorney and was once referred to the social assistance centre in the prison for follow-up concerning his judicial affairs. Regarding Mr Shahabi’s health situation, the Government indicates that due to his cervical spine condition measures were taken to obtain a judicial permit to refer him to a specialized clinic, but on 1 October 2020 he withdrew in writing his request to be sent to the clinic.
4. 288. Regarding Mr Hassan Saeedi, the Government indicates that he is sentenced to five years’ imprisonment and is currently serving his term in the public ward of Evin prison. Concerning Mr Saeedi’s activities, the Government indicates that he is affiliated to Mr Shahabi and has accompanied him in all his gatherings and meetings, as well as Ms Kohler and Mr Paris in their meetings in the Islamic Republic of Iran. The Government further indicates that in his communication with foreign elements concerning the reception of grants, he has been guided by international organizations and in one of the “assignments” entrusted to him it was mentioned that “the amount of assistance has increased … we recommend you as a syndicate member to establish a special task force for guidance and provision of donations, with a view to be able to report to donors accurately. You should identify the local organizations for these strikes and distribute the donations among them. This is not charity in the red-crescent style, but a fight and continuous assistance”.
5. 289. Regarding Mr Shapour Ehsani Raad, the Government indicates that he was sentenced to five years imprisonment under charges of assembly and collusion with the intention of committing crime against national security and propaganda against the State, starting from 16 June 2020 and that he is currently free as he was released on parole. Regarding Mr Jamil Mohammadi, the Government indicates that he has absconded and, due to his absence from prison, it was impossible to announce his latest status.

D. The Committee’s conclusions

1. 290. The Committee recalls that this case, lodged in 2006, concerns acts of repression against the SVATH, as well as the arrest, detention and condemnation of large numbers of trade union members and officials, and the inadequate legislative framework for the protection of freedom of association.
2. 291. The Committee notes with deep concern the updated information from the complainant and the Government reply concerning the continued detention of Ms Cécile Kohler and Mr Jacques Paris, two French trade unionists who were visiting the Islamic Republic of Iran around May Day 2022, and who were arrested just before leaving the country on 8 May, detained incommunicado without access to consular assistance, and charged with the crime of assembly and collusion with the aim of committing crime against the security of the State for having met with Iranian trade unionists and labour activists, in particular members of teachers’ organizations and the SVATH.
3. 292. The Committee notes with deep concern that the Ms Kohler and Mr Paris have been detained in reportedly deplorable conditions without trial for a year now and recalls in this regard that preventive detention should be limited to very short periods of time intended solely to facilitate the course of a judicial inquiry. The Committee further recalls once again that 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, and detained trade unionists, like anyone else, should benefit from normal judicial proceedings and have the right to due process, in particular, 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 [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 140, 163 and 167].
4. 293. Concerning the concrete acts that the Government attributes to Ms Kohler and Mr Paris, the Committee notes that they include virtual and face-to-face meetings with Iranian trade unionists from the SVATH and the Teachers’ trade unions, including the local Teachers’ Trade Associations (TTAs) and the Coordination Council of Iranian Teachers’ Trade Association (CCITTA). The Committee notes the Government’s general indication that the French couple had focused on methods of “transforming” the teachers’ and the SVATH claims into street protest actions against the State. The Committee notes that the Government specifies that the couple had provided training to the members of teachers’ unions on methods of organizing, holding strikes and protests; as well as on methods of safe contacts and communications, avoiding surveillance by intelligence services. The Government also indicates that they had provided financial support and technical items for covert communication.
5. 294. The Committee notes that the above-cited acts attributed to Ms Kohler and Mr Paris, were qualified as “assembly and collusion with the intention of committing crime against the security of the State” under section 610 of the Islamic Penal Code (IPC, Book V), which carries a punishment of two to five years imprisonment. As the Committee recalled in its most recent consideration of this case in 2022:
   • The principles of freedom of association include a right of affiliation to international organizations, which flows from the solidarity of interests of workers or employers, a solidarity of interests that is not limited to the national economy. Moreover, it is a fully legitimate trade union activity to seek advice and support from other well-established trade union movements in the region to assist in defending or developing the national trade union organizations, even when the trade union tendency does not correspond to the tendency or tendencies within the country, and visits made in this respect represent normal trade union activities [see Compilation, para. 1051]. These rights include the right of unionists of any nationality to contact and meet each other when in a given country and discuss matters of common interest and concern. The Committee recalls that it is an infringement of the principles of freedom of association to arrest, detain and prosecute unionists for having made such contacts and participated in such meetings. Furthermore, the Committee recalls that the right to organize public meetings and processions, particularly on the occasion of May Day, constitutes an important aspect of trade union rights; and 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 [see Compilation, paras 212 and 156]" [see 400th Report, paras 509–510].
6. 295. Concerning the “training” activities that reportedly concerned public protests and strikes, the Committee draws the attention of the Government to the point that, in its examination of Case No. 2566, which concerns alleged violation of the freedom of association of Iranian teachers’ organizations, it has underlined that “with regard to the rallies and strikes organized by the teachers unions, the Committee firstly recalls that freedom of association implies not only the right of workers and employers to form freely organizations of their own choosing, but also the right for the organizations themselves to pursue lawful activities including peaceful demonstrations for the defence of their occupational interests” [see Compilation, para. 717]. The Committee further considers that the choice of trade unionists to take part in purely union-organized courses, wherever held, would be covered by the right of organizations freely to organize their activities and formulate their programmes. Therefore, the Committee considers that if there had been meetings between the French and Iranian trade unionists, where the exercise of the right to peaceful demonstrations and the right to strike, which are matters of common interests and concern to all workers, have been discussed, such meetings fall fully within legitimate trade union activities and no one should be arrested, detained, prosecuted, and sentenced for having participated in such activities.
7. 296. Concerning “safe communications” training, with the aim of avoiding surveillance by intelligence services, the Committee recalls that “employers and workers organizations must be allowed to conduct their activities in a climate that is free from pressure, intimidation, harassment, threats or efforts to discredit them or their leaders, which includes the adulteration of documents” [see Compilation, para. 719]. The Committee notes in this regard the Government’s indication that most of the meetings between the French and Iranian unionists “were documented” and observes that this indication refers to the continuous surveillance of those meetings. The Committee recalls in this regard that it has in previous cases requested a government to issue appropriate high-level instructions to: (i) ensure that any emergency measures aimed at national security do not prevent in any way the exercise of legitimate trade union rights and activities, including strikes, by all trade unions irrespective of their philosophical or political orientation, in a climate of complete security; and (ii) ensure the strict observance of due process guarantees in the context of any surveillance and interrogation operations by the army and police in a way that guarantees that the legitimate rights of workers’ organizations can be exercised in a climate that is free from violence, pressure or threats of any kind against their leaders and members. The Committee is bound to note that broad and persistent surveillance of trade unionists’ communications and their gatherings and meetings by intelligence services is likely to be perceived as a significant source of pressure and intimidation and appears to be aimed at discrediting these independent unions and incriminating their leaders and members, especially in light of the context where legitimate trade union activities are frequently qualified under vague penal law provisions, such as sections 500 and 610 of the IPC. Therefore, the mere attempt to teach and learn methods of avoiding surveillance, can be understood as part of the effort to carry on legitimate trade union activities in greater safety, which in absence of any other evidence cannot be considered in and of itself as an indication of criminal activity. The Committee thus requests the Government to refrain from having recourse to broad and persistent surveillance of trade unionists’ communications and meetings and to refrain from prosecuting and sentencing trade unionists for having used methods and technics to avoid such surveillance or for having provided training or technical assistance to other trade unionists in this regard.
8. 297. In view of the foregoing, the Committee firmly urges the Government to take the necessary measures to ensure that Ms Kohler and Mr Paris are immediately released and to guarantee their safe return to their country.
9. 298. The Committee recalls that in its previous examination of the case it had noted the arrest and detention of Messrs Hassan Saeedi and Reza Shahabi, members of SVATH for having met with Ms Kohler and Mr Paris and participated in May Day protests and had requested the Government to immediately release them. The Committee notes from the Government’s reply and publicly available information, that one year after their arrest on 12 and 17 May 2022 respectively, Mr Saeedi and Mr Shahabi have remained in detention and that in the meantime branch 26 of Tehran Revolutionary Court has sentenced them to six years’ imprisonment – five years of which is enforceable – on charges of propaganda against the State and assembly and collusion to commit crime against the security of the State (sections 500 and 610 of the IPC) and that this sentence has been confirmed by the Court of Appeal on 12 January 2023. The Committee recalls that several other Iranian trade unionists, including Mr Rasoul Bodaghi, were also arrested, detained and prosecuted for having met with their French counterparts, whose cases are covered in the Committee’s examination of Case No. 2566.
10. 299. Regarding the sentencing of Mr Shahabi, the Committee notes that the Government’s reply does not provide any indication concerning the concrete acts attributed to him, which could have constituted the material element of the crime codified under section 610 of the IPC. Regarding Mr Saeedi, the Government refers to his links with Mr Shahabi and his accompanying Cécile Kohler and Jacques Paris during their visit to the Islamic Republic of Iran as well as his participation in meetings with them. The Committee further notes that the Government cites what seems to be excerpts of transcripts of messages exchanged with unspecified “foreign elements” without providing further detail or evidence. The Committee recalls in this regard that in cases involving the arrest, detention or sentencing of a trade union official, the Committee taking the view that individuals have the right to be presumed innocent until found guilty, it has considered that it was incumbent upon the Government to show that the measures it had taken were in no way occasioned by the trade union activities of the individual concerned [see Compilation, para. 158]. In view of the information it has received, the Committee is bound to note that the Government has failed to show that the sentencing of Messrs Shahabi and Saeedi to imprisonment is in no way occasioned by their trade union activities. Therefore, recalling that no one should be prosecuted, sentenced or sanctioned for the exercise of trade union activities, the Committee firmly urges the Government to ensure the immediate release of Messrs Shahabi and Saeedi should their conviction be related to their trade union activities and to keep it informed of the measures taken in this regard.
11. 300. Noting that the sentencing of Messrs Shahabi and Saeedi is in continuation of the long history of measures taken against SVATH members and leaders since the beginning of the examination of the present case, the Committee is bound to reiterate its long-standing recommendation and once again urge the Government to ensure that the 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.
12. 301. The Committee recalls that in its previous examination of this case, it had urged the Government to ensure Mr Shapour Ehsani Raad’s immediate release [see 400th Report, para. 518(f)]. It further recalls that Mr Ehsani Raad,, a leading member of the Free Union of Workers of Iran, was in prison since 16 June 2020 to serve a five-years sentence for action against national security and propaganda against the state. The Committee notes the Government’s indication that he has been released on parole. The Committee welcomes Mr Ehsani Raad’s release and expresses the firm hope that he will not again be subject to arrest and prosecution for trade union activities in the future.
13. 302. The Committee notes the Government’s indications concerning the process of ratification of Conventions Nos 98 and 144, and notes that despite the “unanimous” vote of the parliament to adopt the bill concerning the ratification of Convention No. 98, the process was remanded to the Parliament following the adjustments proposed in the opinion of the “Constitutional Council”. The Committee expects that the process of ratification of Conventions Nos 98 and 144 will soon come to conclusion and requests the Government to keep it informed of developments in this regard.
14. 303. The Committee recalls that in its previous examination of the present case, it had requested the Government to keep it informed of the progress made in reviewing Chapter VI of the Labour Law, the by-law 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 bringing them into conformity with the principles of freedom of association. It notes that in its latest communication, the Government does not provide any information in this regard. The Committee is therefore bound to reiterate its previous recommendation concerning the legislative reform process.

The Committee’s recommendations

1. 304. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following:
   • (a) The Committee expects that the process of ratification of Conventions Nos 98 and 144 will soon come to conclusion and requests the Government to keep it informed of developments in this regard.
   • (b) The Committee firmly expects that the processes of reviewing Chapter VI of the Labour Law; the by-law 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 will soon come to their conclusion, resulting in a legislative reform that will at last allow for union pluralism at all levels in the Islamic Republic of Iran. It requests the Government to keep it informed of any progress in this regard.
   • (c) 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.
   • (d) The Committee firmly urges the Government to ensure the immediate release of Messrs Shahabi and Saeedi, should their conviction be related to their trade union activities. It further firmly urges the Government to take the necessary measures to ensure that Ms Kohler and Mr Paris are immediately released and to guarantee their safe return to their country and to keep it informed of the measures taken in this regard.
   • (e) The Committee requests the Government to refrain from having recourse to broad and persistent surveillance of trade unionists’ communications and meetings and to also refrain from prosecuting and sentencing trade unionists for having used methods and technics of avoiding surveillance or for having provided training or technical assistance to other trade unionists in this regard.
   • (f) 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 extremely serious and urgent nature of this case.