Rapport intérimaire - Rapport No. 400, Octobre 2022

Cas no 2508 (Iran (République islamique d')) - Date de la plainte: 25-JUIL.-06 - Actif

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. 479. The Committee last examined this case (submitted in 2006) at its October 2021 meeting, when it presented an interim report to the Governing Body [see 396th Report, approved by the Governing Body at its 343rd Session, paras 427–452]. 
2. 480. The complainants sent additional observations and new allegations in communications dated 7 and 28 September 2022.
3. 481. The Government forwarded its observations in communications dated 11 February and 19 October 2022.
4. 482. 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. 483. At its November 2021 meeting, the Committee made the following recommendations [see 396th Report, para. 452]:
   • (a) The Committee welcomes the measures taken by the Government in relation to the ratification of Conventions Nos. 98 and 144 and expects that the ratification process will soon come to its conclusion. It requests the Government to keep it informed of the developments with regard to the outcome of the examination of feasibility of ratification of Convention No. 87.
   • (b) The Committee expresses the firm expectation that in full consultation with representatives of workers and employers, the Iranian legislation will be rapidly brought into line with the freedom of association principles, by allowing trade union pluralism. In particular, it requests the Government to review the “Guidelines on the establishment of associations of culture, arts and media professionals and the related confederations” and the “Procedure of establishment and activity of associations of culture, arts and media professionals and the related confederations”, so as to allow all workers and employers in cultural, artistic and media-related professions to establish and join organizations of their own choosing at all levels. It requests the Government to provide information on the progress made in this regard.
   • (c) The Committee once again urges the Government to ensure that workers at the Tehran and Suburbs Bus Company are free to choose the union they wish to join and that the SVATH may recruit members, represent them and organize its activities without interference from the authorities or the employer and requests the Government to keep it informed of the measures taken and developments in this regard.
   • (d) Recalling that no one should be imprisoned for exercising their right to freedom of association, the Committee requests the Government to provide information about the concrete actions attributed to Messrs. Mohammadi, Azimzadeh and Ehsani Raad, including details of the “collusion” they were allegedly involved in and the nature of the acts that were being prepared in that context and their relation to the external or internal security of the State and to provide copies of the relevant court judgments. The Committee urges the Government further to ensure the immediate release of Mr Ehsani Raad should his conviction be due to his trade union activities.
   • (e) The Committee draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

B. The complainants’ new allegations

1. 484. In communications dated 7 and 28 September 2022, the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF) sent additional observations and new allegations.
2. 485. The ITUC denounces the rearrest of many trade unionists and workers in Iran for the sole reason that they peacefully exercise their rights of expression and demonstration demanding better wage conditions, in particular on the occasion of May Day. The complainant indicates that in this context, Mr Reza Shahabi, a member of the Executive Board of the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH) as well as Mr Rasoul Bodaghi, a member of the Iranian Teachers’ Association were rearrested and are now detained. The complainant alleges that Mr Shahabi and other colleagues of his were arrested on 12 May 2022, on the pretext of having met Ms Cécile Kohler and Mr Jacques Paris, two French tourists who are trade unionists in their country, while Mr Rasoul Bodaghi was arrested with many other teachers on 1 May. According to the ITUC, when Mr Shahabi was able to communicate with his family, he indicated that the meeting with Mr Paris and Ms Kohler was a lunch in public that had led to a usual, banal discussion between trade unionists.
3. 486. The ITUC indicates that Mr Paris and Ms Kohler are both members of the Force Ouvrière Federation of National Education and Vocational Training (FNEC FP–FO). They arrived in Iran on 29 April 2022 and were expected to return to France no later than 8 May. As their families remained without news of them, they expressed concern to the French authorities. On 11 May 2022, Iranian State television, citing the Ministry of Intelligence (hereafter MOI), announced news of their arrest, accusing them of having “entered the country with the aim of triggering chaos and destabilizing the society”. A video montage was broadcast on Iranian television on 17 May, clearly indicating that they were tracked by intelligence services from the moment of their arrival on Iranian soil until their arrest on their way to the airport.
4. 487. The ITUC adds that Iranian State television described Mr Paris and Ms Kohler as spies who “intended to foment unrest in Iran by organizing union demonstrations” and affirmed that “the MOI monitored them during meetings of organization and coordination with persons who consider themselves members of the teachers’ union”. On 6 July 2022, Mr Massoud Setayeshi, the spokesperson for the Iranian judiciary, announced in a press conference in Tehran that Mr Paris and Ms Kohler were “accused of association and collusion with the aim of undermining the security of the State”. The complainant affirms that the video broadcast on Iranian State television shows that Mr Paris and Ms Kohler visited the country without any fear, publicly and in full view of everyone.
5. 488. The ITUC adds that until now the Islamic Republic of Iran has not permitted any consular visit from the French Embassy in Tehran with Mr Paris and Ms Kohler. The French Government, like the families of the two French unionists, remain totally uninformed of their situation and their state of physical and psychological health. Their place and conditions of detention remain officially unknown: they would be in Tehran, still in solitary confinement. The ITUC denounces these arrests and detentions, which they affirm have no other basis than to suppress all trade union action in Iran, as well as the absence of basic visitation rights, which amounts to treatment banned under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
6. 489. In a communication dated 28 September 2022, the ITF denounced the arrest on 17 May 2022 of Mr Hassan Saeedi, a prominent leader of the SVATH. According to the complainant, Mr Saeedi was arrested by nine intelligence agents following a night raid on his home. The ITF adds that Mr Saeedi was then subjected to several days of interrogation in Ward 209 of Evin Prison. His detention has been extended every month since his arrest. He was purportedly arrested and detained for his participation in May Day protests.

C. The Government’s reply

1. 490. In its communication, the Government indicates that it has thoroughly considered the Committee’s previous report concerning this case and affirms that in view of the paramount importance of freedom of association as a fundamental labour right and principle, it has followed up on the Committee’s recommendations. It further indicates that the principle of freedom of association is upheld in the Iranian Constitution and other laws, and that furthermore, a new approach is adopted in order to strengthen tripartism and review the existing laws and regulations and bring the status quo into conformity with international standards and principles.
2. 491. With regard to the process of ratification of international labour Conventions, the Government indicates that the draft law on ratification of Convention No. 98 was approved in the plenary session of the Parliament on 12 July 2022 and was then submitted for approval to the Guardian Council of the Constitution. Note 1 of the draft law emphasizes that “the Ministry of Cooperatives, Labour and Social Welfare is the executive authority in charge of applying this law. Within six months of the adoption of the law, the Ministry shall draw up and submit to the Council of Ministers for approval the relevant executive by-law. The Ministry shall prepare all draft norms required for enforcing the law and shall submit them to competent authorities for approval”., The Government adds that the draft law on ratification of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), is under review and examination in the relevant parliamentary committees. As regards ratification of Convention No. 87, the Government indicates that the subject has been put before an expert working group where various proposals are put up for discussion and debate.
3. 492. Regarding legislative reform, the Government indicates that two working groups were formed within the Ministry of Labour (MOL). The first is composed of labour law experts and representatives of competent public authorities and aims at identifying Labour Code provisions that require reviewing. Second, the Tripartite Working Group of International Labour Standards, is formed with a view to drawing up concrete proposals aimed at implementing and enhancing laws and regulations that relate to all international labour Conventions, regardless of their status of ratification. This working group holds monthly meetings with the participation of representatives of workers and employers’ confederations. The issue of Chapter VI of the 1990 Labour Law was recently put on the agenda of this working group. This matter was debated in tripartite meetings held on 3 and 30 January 2022 where it was decided to:
4. 493. With regard to the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH), the Government reiterates that the employers and workers enjoy the right to establish organizations and these organizations can conduct activities without any hindrance. Therefore, workers in this profession can also establish their organizations; however, legal formalities should be respected, and the existence of an employment relationship between the applicants and the company must be established. The Government rejects the claim that the said organization is not authorized to conduct activities, as more than 12,000 workers and employers’ organizations are registered all over the country and conduct activities in compliance with current laws. Sections 199 and 200 of the 1990 Labour Law abolished all preceding labour and agricultural laws and the regulations adopted under the new law replaced those previously in force. In the implementation of section 131(5) 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” was adopted in 1992 and was revised twice, on 10 August 1998 and 25 October 2010 respectively. The latest revised version of the by-law is binding and applicable. Article 24 of the by-law requires that the organizations that are governed by it should bring their structure, organization and constitution into conformity with its provisions. One of the purposes of this provision is to remove foreign appellations such as “syndicate” and replace them with the Persian substitute appellation anjoman-e-senfi as is reflected in the Labour Law. The Government emphasizes that the new regulations equally protect the principle of freedom of association and free activity of professional organizations and the change from foreign to indigenous appellations does not in any way affect the substance of these rights. The Government rejects a dispute focusing on words and emphasizes that the applicants of the said profession have, like other registered organizations, the right to establish organizations and conduct their activities in conformity with the rules enshrined in the currently applicable by-laws. The Government is not aware of any application submitted by the said organization in conformity with the applicable rules. If it receives an application for the establishment or adjustment of the organization pursuant to the current rules, the application will be examined and acted upon. In this regard, the Government draws the attention of the Committee to the necessity of taking into consideration the legal framework applicable in the Member States.
5. 494. With regard to the situation of Mr Jamil Mohammadi and Mr Jafar Azimzadeh, the Government indicates that Mr Jafar Azimzadeh was released after serving his sentence and Mr Jamil Mohammadi has not appeared for the execution of his sentence and he is not currently incarcerated.
6. 495. With regard to the situation of Mr Shapour Ehsani Raad, the Government indicates that he was sentenced to five years imprisonment and has been in jail since 16 June 2020. With regard to his charges, the Government indicates that he was condemned for: participation in and organization of illegal gatherings, relationships with dissidents with the aim of acting against national security, publishing articles and using subversive words and language and calling for consensus and confrontation against the Islamic Republic, calling for a revolution, propaganda against the State aiming at actions against national security through exercising influence and enticement in virtual networks as well as cooperation with pseudo-media outlets and networks supported by foreign services. The Government adds that the arrest and imprisonment of Mr Shapour Ehsani Raad had nothing to do with his union activities or affiliation.
7. 496. With regard to court judgments, the Government indicates that pursuant to section 380(2) of the Code of Criminal Procedure, in cases concerning crimes against internal and external security of the State, the sentence is not notified in writing, but is shown to the interested person who is in this way informed of its full content and can make a written copy of it on the spot.
8. 497. With regard to the situation of Ms Cécile Kohler and Mr Jacques Paris, the Government indicates that they are prosecuted on charges of assembly and collusion with the intention of committing crime against the security of the State and have been in provisional detention since 7 May 2022 in accordance with the order of the investigating judge at Tehran Prosecutor’s Office. To this date, no final judgment has been issued regarding their cases.
9. 498. With regard to the situation of Messrs. Reza Shahabi and Rasoul Bodaghi, the Government indicates that they are prosecuted on charges of assembly and collusion with the intention of committing crime against the security of the State and have been in provisional detention since, respectively, 12 May and 30 April 2022, in accordance with the order of the investigating judge at Tehran Prosecutor’s Office. To this date, no final judgment has been issued regarding their cases.
10. 499. In its communication dated 19 October 2022, the Government provides information with regard to the situation of Mr Alireza Saghafi and Ms Haleh Safarzadeh who it states entered prison on 12 March 2022 for serving a sentence for assembly and collusion with the intention of committing crime against the security of the State. On 9 April 2022 Mr Saghafi received another sentence to three more years of imprisonment on similar charges. The Government provides details about the medical care provided to the couple while in detention and indicates that they were transferred to Karaj detention facility for humanitarian reasons and have received visits of their children. The Government finally adds that Mr Saghafi has not yet served one third of his sentence, furthermore he has an additional conviction and the crime he is convicted for is one of the exceptions to the applicability of the rule on conditional release, therefore, he cannot yet benefit from leniency measures. With regard to Ms Safarzadeh, the Government indicates that the prison has been informed that a request for electronic tagging can be submitted to the classification council on her behalf.
11. 500. The Government indicates that in recent years, the ILO has not played an active role with regard to technical cooperation and provision of technical assistance to the Member States. It further indicates that the ILO has refused to provide technical cooperation to the Islamic Republic of Iran. The Government expresses its deep regret and hopes that an appropriate decision is made in this regard. The Government emphasizes that the Committee should pay due attention to this issue in its review and any comments.

D. The Committee’s conclusions

1. 501. 501. 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, and the inadequate legislative framework for the protection of freedom of association.
2. 502. 502. Regarding the process of ratification of Conventions, the Committee notes the Government’s indication that the draft law on the ratification of Convention No. 98 was adopted by the Parliament and was then submitted to the Guardian Council of the Constitution for approval, while the draft law concerning the ratification of Convention No. 144 is still before the competent Parliamentary committee. Regarding Convention No. 87, the Committee notes that working groups within the Ministry of Labour (MOL) examine the extent of compatibility of domestic legislation with the Convention with a view to coming up with proposals of legislative reform to ensure consistency between the provisions of the Convention and national legislation. The Committee notes the further steps taken by the Government to advance the ratification of these fundamental Conventions and expects that the ratification process in the Parliament will soon come to a conclusion and that the work within the MOL will soon produce concrete proposals. It requests the Government to keep it informed of developments in this regard.
3. 503. 503. With regard to the legislative reform process, the Committee notes the Government’s indications that Chapter VI of the Labour Law and the regulations and by-laws adopted under this chapter, in particular the by-law adopted under section 131(5), are subject to review by the tripartite working group within the MOL. Recalling that since the beginning of the examination of this case and other cases concerning freedom of association in Iran, it has noted that these texts contain provisions that establish trade union monopoly at the work unit, sectoral, provincial and national levels. The Committee welcomes the Government’s indication that a draft prepared with the collaboration of the Office is taken as the basis for the review of Chapter VI and firmly expects that the review process 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.
4. 504. 504. With regard to the guidelines and procedures concerning culture, arts and media professional organizations, the Committee notes the Government’s indication that these texts are subject to review by competent authorities with a view to drawing up draft revisions that would remove their inconsistencies with the principles of freedom of association. The Committee recalls that in its previous examination of this case, it had noted that these texts, like Chapter VI of the Labour Law and the relevant by-laws and regulations, do not allow for union pluralism. It expects that the review process will result in the repealing of provisions establishing union monopolies at all levels and requests the Government to keep it informed of developments in this regard. While noting the Government’s complaint that the ILO has not provided technical cooperation to it, the Committee observes that technical assistance has always been offered and available to it within the context of this case and that the Government indicates that it will solicit technical assistance if required. The Committee therefore once again recalls that the technical assistance of the Office remains available to it should it so desire.
5. 505. 505. With regard to the SVATH, the Committee notes the Government’s indications, in particular that the union should comply with legal formalities enshrined in the Labour Law of 1990 and the by-law adopted under its section 131(5), and that if it submits an application in conformity with this legal framework, its application will be examined. It further notes that the Government suggests that the union must replace the word “syndicate” in its name. The Committee recalls that the SVATH was formed in 1968, namely 22 years before the enactment of the currently applicable Labour Law. It understands that according to the Government, the SVATH is expected to make a new application for registration.
6. 506. 506. The Committee notes that while in the first part of its communication concerning the legislative reform process, the Government indicates that Chapter VI of the Labour Law which concerns workers’ and employers’ organizations, and the by-law adopted under section 131(5) of the Labour Law are subject to a revision process with a view to bringing them into conformity with the principles of freedom of association, it affirms that the SVATH should comply with this legal framework which does not recognize union pluralism. The Committee notes that section 131(4) of the Labour Law provides that “workers in a unit, can have only one of the three following [forms of representation]: Islamic labour council, Anjoman-e-senfi (union), or workers’ representatives” and that the ongoing existence of an Islamic Labour Council within Tehran and Suburbs Bus Company would appear to impede any registration request from the SVATH. It recalls that already at its first examination of this case 15 years ago, it had noted, regarding the question of the registration of the union, “the Government’s statement that the current legal framework does not permit the existence of both an Islamic Labour Council and a union at the same enterprise and that it has no record of any registration on the part of the union” [see Case No. 2508, 346th Report, June 2007, para. 1190]. As the law remains unchanged to date, the Committee notes with deep concern that the Government’s latest communication, as far as it concerns the SVATH, denotes no progress whatsoever during the past 15 years. The Committee considers that the case of the SVATH illustrates how the current legal framework in the Islamic Republic of Iran fails to recognize the fundamental right of workers to establish and join organizations of their own choosing. As the current legal framework does not allow for the registration of the SVATH, in violation of the principle of freedom of association, and in view of the extremely slow pace of the legal reform process, the Committee is bound once again to urge the Government to ensure that the SVATH can function without hindrance through its de facto recognition, and by ensuring that its officials and members are not arrested, detained and prosecuted for legitimate trade union activities.
7. 507. 507. In this regard, the Committee notes with deep concern the complainants’ allegations concerning the renewed arrest of Mr Reza Shahabi, member of the Executive Board of the SVATH on the pretext that he had met with two French trade unionists who had travelled to Iran on a tourist visa; and the arrest of Mr Hassan Saeedi, purportedly for his participation in May Day protests. It also notes with deep concern the Government’s indication that Messrs. Shahabi and Bodaghi are once again charged with assembly and collusion with the aim of committing crime against the security of the State. The Committee notes that Mr Shahabi, Mr Bodaghi and Mr Saeedi remain in detention at the date of the examination of the case. The Committee further notes that according to the complainant, Mr Shahabi has told his family that the meeting with the French unionists, that apparently gave rise to his arrest, was a lunch in public that had led to a usual discussion between trade unionists.
8. 508. 508. The Committee also notes with deep concern the allegations of the complainant concerning the arrest and incommunicado detention of Ms Cécile Kohler and Mr Jacques Paris, two French trade unionists who were visiting 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 association 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. It notes that the Government confirms the arrest, detention, and prosecution of the two French unionists on the abovementioned charges.
9. 509. 509. The Committee recalls in this regard that 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 of decisions of the Committee on Freedom of Association, sixth edition, 2018, 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.
10. 510. 510. 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].
11. 511. 511. The Committee recalls 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, paras 163 and 167]. Furthermore, the Committee recalls that regardless of the grounds for the arrests, according to the UN Standard Minimum Rules for the Treatment of Prisoners, solitary confinement shall be used only in exceptional cases as a last resort for as short a time as possible and subject to independent review, and only pursuant to the authorization by a competent authority. Prolonged solitary confinement – solitary confinement for more than 15 consecutive days – amounts to torture and shall be prohibited (see the resolution adopted by the UN General Assembly on 17 December 2015 (the Nelson Mandela Rules), A/RES/70/175, Rules 43–45).
12. 512. 512. In view of the above, the Committee urges the Government to immediately release all Iranian and French 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.
13. 513. 513. The Committee takes note of the Government’s indication that Mr Jafar Azimzadeh was released after serving his sentence and that Mr Jamil Mohammadi is not incarcerated as he did not appear for the execution of his sentence. It requests the Government to ensure that Mr Mohammadi’s sentence is not executed should he have been convicted due to his trade union activities.
14. 514. 514. The Committee, while noting that the Government has specifically requested that the information concerning the condemnation and imprisonment of Mr Alireza Saghafi and Ms Haleh Safarzadeh, also on charges of assembly and collusion with the aim of committing crime against the security of the State, be drawn to its attention observes that their situation has not been raised before the Committee.
15. 515. 515. The Committee further notes the Government’s indications concerning Mr Shapour Ehsani Raad. It observes that the concrete acts for which Mr Ehsani Raad is sentenced to five years imprisonment include organization of gatherings that the Government qualifies as illegal, publishing articles, and expression of opinions on media channels and social networks that the Government considers are supported by foreign services.
16. 516. 516. The Committee recalls 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, 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. Furthermore, in cases where the complainants alleged that trade union leaders or workers had been arrested for trade union activities, and the governments’ 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 always followed the rule that the governments 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. The Committee has emphasized that when it requests a government to furnish judgments in judicial proceedings, such a request does not reflect in any way on the integrity or independence of the judiciary. The very essence of judicial procedure is that its results are known, and confidence in its impartiality rests on their being known [see Compilation, paras 158, 178 and 180]. Following this long-standing practice, in all cases where trade unionists were put to trial in the Islamic Republic of Iran, it has always requested the Government to communicate a copy of the judgment. The Government has never communicated a judgment, despite repeated requests. In this regard, the Committee notes with concern the Government’s indication that in accordance with section 380(2) of the Code of Criminal Procedure, in cases concerning crimes against internal and external security of the State, not only is the judgment not made public, but it is not even notified in writing to the person on trial. The Committee understands that these sentences are treated as confidential documents in the Iranian justice system. In view of the fact that it has already noted that trade unionists are often sentenced on the grounds of sections 500 and 610 of the Islamic Penal Code, concerning propaganda against the State and association and collusion against the external and internal security of the State, the Committee understands that the judgments against them are excluded from public scrutiny on the basis of section 380(2) of the Code of Criminal Procedure.
17. 517. 517. In view of the above, the Committee is bound to note that it would appear that one important aspect of the right to a fair trial is systematically violated in all cases concerning trade unionists sentenced for a “crime against the security of the State”. The Committee notes with deep concern that Mr Shapour Ehsani Raad, among others, has been sentenced in this manner and has been in prison since 16 June 2020. It also notes with deep concern that the Iranian and French trade unionists arrested in May 2022 risk to be subjected to similar treatment in contravention of international law. The Committee therefore 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. Finally, as the acts that the Government attributes to Mr Ehsani Raad do not seem to go beyond the exercise of freedom of expression by a trade unionist, and in the absence of more detailed information on the grounds of his condemnation, the Committee once again urges the Government to ensure his immediate release.

The Committee’s recommendations

1. 518. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following:
   • (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.