The following is the first report from the Society for Defending Prisoners' Rights on the state and general conditions of prisons in Iran. It is to be indicated that this is also the first experience of this kind. It is the first time that a civil, non-governmental organization is monitoring and publishing a report on prisons. This also indicates how serious is the formation of civil institutions and also how they are trying to impose the supervisory role to the state. This report was presented by Emad-e-din Baghi the founder and the president of SDPR and Farideh Gheirat, the deputy president of SDPR in a press conference.
They stated in this conference that they are still investigating the events like the detention of Ramin Jahanbeglou, two journalists of Iran Newspaper and also the arrests made during the unrests in Azerbaijan region. All these events happened in the period of time that this report is not covering. As might be expected the reports on these events and the results of our investigations would be published in next report
Introduction
There are several indications that show the development, and observance of human and civil rights. However, as experience has proven, the complexity and extent of social problems are so extensive that states could not solve these problems all alone and without supports by the civil society. Monitoring role of civil institutions may enhance the sense of responsibility, social support, social belonging and in short, the social capital as a whole. It may promote general participation and reduce the sense of indifference and solitude and pessimism in individuals, thus reducing their depression, egocentricity, tensions and their resultant damages. Furthermore, civil institutions might reduce aberrances and reveal solutions not known to officials and might be able to work as their eyes and at the same time try to speak for the public.
The Society for Defending Prisoners' Rights has accomplished various actions by its different committees during the short time it has been founded. Services like: supporting prisoners’ families, appointing attorneys – at – law for prisoners, and giving them legal consultancy free of charge; holding different meetings with respect to prisoners’ rights and familiarizing the society with these rights; publishing books and newsletters, and communicating information regarding prisoners’ problems holding instructive courses; issuing statements and announcing its points – of – view whenever necessary, etc, that one might find in detail in the books consisting the reports of the SDPR, in years 2004-2005 and 2005-2006
One of the society’s proper actions in realizing its monitoring role, has been the publication of its annual report regarding prisoners’ and prisons situation in the country, which might be reckoned as one of the most important responsibilities of the society, and which was to be committed by the welfare, health and cure committee, with the cooperation of the other committees.
Background: Defending Prisoners’ Human Rights Society , published the case reports respecting prisons and the prisoners’ situation, as an introduction. Its comprehensive annual report, firstly in the years 2004-2005 and 2005-2006. Such reports had been presented in a series of the society’s topical seminars. In a seminar with regard to the prisoners’ nutrition, which was held together with theoretical and legal discussions, a report was delivered regarding the nourishment situation in prisons and in later sessions, the reports were delivered in sequence, about health and cure, leave of absence and visits, and cultural and employment situations. Therefore, we might not treat what follows as the first of the society’s reports, but it is true to say that it is “the first comprehensive annual report regarding our country’s prisons and prisoners’ situation”, which we have tried to deliver in an investigative, documentary, and legal manner and with a corrective approach. And since it is the first monitoring report of an independent civil institution with respect to prisons in Iran, it naturally has its shortages, and we hope the critics will treat it as tolerable and to make us indebted to their favors and to help the society make more improved, more complete and more comprehensive reports in future.
Sources: The sources of this report include: the reports from the prisoners, their families, the attorneys – at – law, some jailors and prisons personnel; the press and websites (including the state prisons and security and connective measures organization’s website), and informal visit in one case. Undoubtedly, if the judiciary, would let the known domestic civil institutions visit the prisons, as it occasionally have let the similar international institutions and organizations, visit them, improvement of the prisoners’ situation in our country would have a more positive ,constructive and hopeful local and world reflex, because, the known local visitors of prisons and the prominent citizens of the homeland would be more active, more diligent and more highly motivated in persisting to eliminate the current problems and shortages seen in its prisons. Unfortunately, such a maturity has not been realized yet, and we hope we may enjoy the cooperation of the related organizations and institutions in the compilation of our next reports.
Method A: The essential method of compiling such a report is to do it according to a list containing the names of the prisons in each city or province and by visiting each prison which we intend to include in our report, separately; because the situation is so much varied in each prison from one city or province to the other; and it is not possible to make the same judgments regarding the prisons all over the country. It is possible to have an ideal leave or visiting situation in one prison, while it is of the mainstream in another, and unacceptable in the third.
Method B: considering the fact that it has not been possible for us to have visits to prisons and make separate reports on the state and conditions of food, temporary leave, regular family visits, blindfolds, handcuffs, employment, cultural materials, bails, etc. we have had to make our report based on the reports that we have received. In addition to this we have no access to most of the prisons and so this report is based on the accounts we received on these prisons: Evin (Tehran), Rajaeishahr (Karaj), Khowrin (Varamin), Adelabad (Shiraz), and prisons in Sanandaj and Bandar Abbas.
Method C: We have tried to explain the information achieved and not to rely upon any news without reason. Meanwhile, we have considered the following principles in making our report.
1. The prisoner is subject to the exertion of power; thus,wherever there exists a contrast between the comments of a prisoner, as a deprived individual, on one hand and the men of ”authority ” on the other, it is preferred to rely upon the prisoner’s comments, if there is no other evidence ; because, it is principal to defend the rights of the powerless against the powerful; Unless it is possible to refer directly to the unbiased non-governmental institutions to solve the problem.
2. We have made our sources varied, and we have carefully considered and chosen the news which we had achieved from prisoners, as much as possible.
Report on Detention:
Principle 32 of the Islamic Republic of Iran’s constitutional law says: "No one may be detained, except by the order of law, and in the manner it specifies. If one is detained, his (or her) family members have to be communicated and informed of his (or her) detention; and the preliminary case should be sent to the competent judiciary authorities, and the preliminary steps to his (or her) trial should be taken as quickly as possible".
The infringer of this principle is to be punished according to the law.
Article 112 of penal procedure also says: the accused is summoned by sending him {or her} a subpoena. The document is sent to the accused in two copies; a copy to be signed by The accused and returned to the summoning functionary and the other to be kept by the accused; and article 113 of the same procedure says: the first and the last name of the summoned individual and the date and cause of his (or her) being summoned, the place of attendance and the consequence (s) of one’s refusal to attend should be mentioned. One of the excuses not to send a subpoena to the accused is mentioned in the same article as follows. “The accused individual’s place of residence, work and business might be uncertain and the judge’s efforts to find him might prove futile. After taking all of the above = mentioned steps, if there remains no resorts other than arresting the accused, his (or her) arrest should be performed, in the daytime except in urgent cases, according to article 121 of the procedure. Article 9 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights also says: “no one should be banned, imprisoned or exiled arbitrarily.”
Report on Prisoners' Food:
Enjoying a healthy nutrition is of the first and fundamental rights of every prisoner in a way that it has been formally recognized by the international documents SRMT and the state prisons' organization executive- by-law. Thus the prison authorities are required to execute it.
What is forecast in article 3 of principles 97 to 102 of regulations and the rules of Iran's state prisons' organization about prisoners' nutrition in regard to Iran's state prisons is relatively acceptable. According to this, the state prisons organization health and cure office has specified the food program in details for different ages. So in case of execution, we will have favorable conditions from nutrition point of view in prisons. But what is done has some distance with these regulations.
The State of Nutrition
The quality and the quantity of the food in various prisons are absolutely different and it's not possible to make a general judgment.
There is relatively approving conditions in some prisons like Gazvin prison in which the prisoners' food is the same as prison staffs' and the food is served with one- time used dishes. Also in Evin 209th cell in which the food for the staff and prisoners' are the same, the quality of food is satisfactory. But some of the prisoners are dissatisfied with the quantity of food. (SDPR has received reports from Mashhad, Yasoj, Marivan and Bandarabbas prisons). But what can be said in general about this is the shortage of dairy products such as milk and yogurt, fresh vegetables and fruits in prisons daily food ration. Although these food materials are of great importance in humans' health, they are also pointed in prisons regulations and the state prisons' organization health and cure program.
It is essential for an adult to have daily 250g milk or yogurt, 250g vegetables and 200g fruits. The importance will be duplicated for certain ages such as babies, pregnant women and aged.
However, prison authorities are generally complaining about budget deficit but it's vital to point that daily consumption of the abovementioned materials play an important role in reducing prisoners' diseases and reduces the cure costs. Meanwhile, by saving through altering type of consumptive materials, they can put them in prisoners' food ration. It's necessary to say that some of the prisoners suffer from indigestion, constipation and flatulence diseases due to the foods. Our expectation is that the issue of shortage of fruit, fresh vegetables and dairies will be resolved in the year 1385 through a purposive programming by prison authorities.
Food hygiene:
One of the important issues in this regard is the issue of food hygiene. Regarding to the emphasis by the state prisons' execution-by-law for observing the hygienic rules, prisoners in different parts of the prison complain about the unhygienic inaccuracy to these rules. Many complain about the existence of noxious (harmful) insects in the place of maintaining ingredients or dishes contamination, etc. So judgments can only be done by direct visiting of these places.
Food distribution
At some prisons, prisoners complain about the less amount of food and shortage of meat given to them. According to the information received, one of the reasons of those problems is related to the way the food distributes.
Ever since the food entered the prison in huge amount, it is divided between the cells by the distributor. So the first cells or rooms receive more food and meat but the last less. In addition, not only the distributor did not observe the justice, but employ his personal taste. There is little problem. In prisons in which the food is distributed in one-time used dishes, it seems that if the system of the distribution of the food is corrected, many problems including the abovementioned problems and the Unhygienic dishes will be resolved.
The distribution of the food in the form of packaged from the departure kitchen in prison through catering, which is done at Kerman prison, will resolve many problems. Evin prison was attempting to operate such a system.
Prison weekly food program with slight changes are as follows:
Bread is given in pile and there is no limitation in amount but the quality is terrible. Tea is delivered in package but, since it is very low in quality, people who have financial ability, buy the tea on their own. This tea is consumed only by people who have not financial ability.
Report on Prisoners' State of Health, Mental and Physical Treatment:
Hygienic and treatment services for prisoners as authorities say: according to formal reports of the last year, good measures for improvement and development of healthcare and hygienic services have been taken for prisoners. Till now, 17 hospitals and surgical centers, 2200 public clinics, 108 dental centers with 2700 medical staffs in 230 prisons which are dependent on the state prisons' organization are active in these regards. According to general director of the state prisons' organization health and cure, operating and executing educational and advisory [counseling] curriculums for prisoners and their families through triangle clinics (behavioral - advisory) , retentive cure by methadone for injection addicts, establishing private visiting rooms for married prisoners alongside with hygienic tools, prevention, access to in one-time used razors with plastic covers, establishing phone counseling, regulated programs for fighting with infectious and transmissible diseases such as Aids HIV, hepatitis, tuberculosis and instructing preventive methods from communicable diseases and other high-risk behaviors are among the measures taken.
Rajaishahr prison as one of the biggest in Tehran province is propounded about cure and reducing injuries to the injured prisoners. The prison addiction cure centre as an international authority of addiction cure has been chosen by UN centre for narcotics 8 crimes bureau. Formal reports about the methods of AIDS prevention and addiction in prisons are indications of favorable development in a way that the prisons which were the main source of spreading aids and transmissible diseases through blood, now are similar to the society out of the prison. Even though, access to the news and statistics are difficult and sometimes impossible but distribution of ampoule and one-time used needles, deploying cure methadone and also cure examination of all prisoners from transmissible diseases are being done and death index, tuberculosis and mental diseases have reduced. Regarding to what authorities had been said, there are still so many problems about health and cure which needs to be resolved. Some of them are as follows:
The Difficulties Related to sick un-isolated prisoners:
In addition to classifying the prisoners – that mentioned in previous section- each group of prisoners due to high-risk diseases must also be separated. Prisoners with past records or prisoners suffering from infectious or transmissible diseases such as AIDS/HIV, hepatitis and tuberculosis or prisoners with personality or behavioral disorders and other mental diseases consider as a danger to other prisoners.
Article 112 of the state prisons' organization and security, and corrective measures executive – by – law emphasizes:
Prisoners suffering from mental, transmissible and high-risk diseases with considering the opinions of the specialized doctor and the policies of health, cure and medical instruction ministry must be kept separately and cure separately. This important principle has been ignored (or disregarded) at many prisons and sometimes these sick prisoners are kept among ordinary ones. (Reports form Mashhad, Arak, Shiraz, Sanandaj, Karaj)
Using drugs and opium in prisons:
There are so many addicts in prisons by whom distribution and using drugs has became a prevalent issue in prisons. Spreading of using drugs in prisons could have devastative effects on mental and physical health of prisoners. According to the latest statistics of the year 1384, of 142851 prisoners around the country, 45108 of them are classified in the group of drugs crimes. According to general director of the state prisons' organization health and cure, more than 70 percent of used drugs in prisons entered either by prisoners themselves or by different methods such as swelling drugs (often caused to death or poisoning), entering drugs into prisons through new prisoners or those who have returned from the leave.
In the years 1381 and 1382 more than 564g of any kind of drugs from 18 thousands prisoners while returning from the leave, have been discovered (the first 5 years of judicial system proceedings. P. 202).
These statistics have risen in the years 1383-1384. The fact is that huge amounts of these drugs entered into prison, does not discover and is distributed among prisoners.
Many inmates have announced catastrophic reports about distribution and using drugs and painkillers (including: opium, heroin, hashish, shishe, etc.) in different prisons. It means the prison authorities confess to the fact. (Code 11-107, code 5. year 1384, code 12-106, etc).
In the years 1383-1384 in Rajaeishahr prison, inmates were cured by methadone. It was great but unfortunately because of budget deficit, this project became unfinished.
Attempt suicide by some prisoners:
In prisons, attempts suicide or self-harm is prevalent. These behaviors generally stem from psychological, mental and cultural problems of prisoners community. So these behaviors must be coincided with complete precaution. Recognizing injured prisoners, reasons of suicide and recognition of indications, interview, psychiatric counseling and help through social work should be taken into consideration. In addition, tools of suicide and self-harm must be kept far away from prisoners. Last year, Poisoning section of "loghman" hospital welcomed prisoners who had attempted suicide by pills, drags or drugs containing arsenic, etc. that in few cases caused to death of the prisoners.
Non-Medical Examination of Prisoners by the Prison Clinic:
Arrested person or prisoner immediately after reception, must be put under treatment and cure in the place of detention. After that, if necessary, he or she must be provided with medical examination and care. Article 102 of the state prisons' regulation emphasizes that: the clinic of the prison is responsible for doing a full medical examination of new prisoners and if necessary, by doing medical diagnostic examinations, the prisoner should be cured or dispatch to related centers and also all the medical operations should be mentioned in his / her medical case. Plenty of reports and complaints have been received by SDPR about non – medical examination of newcomers regularly or at least monthly, particularly in police detention centers who among Them there has been cases despite the doctors' orders ,have not been dispatched to medical canters out of the prison.
More than 3 Percent of the Prisoners around the Country are HIV positive:
Dr. Gholami the guardian of behavioral diseases counseling centre pointing to Persian situation says: unfortunately Persia is among the 126 countries which are in danger of HIV virus. He claimed:
An addict, who is pleaded guilty and has been sent into prison, can infect 400 other persons by using a shared ampoule in one night. He continued according to statistics 3 million and 7oo thousands are using drugs and among them 400 thousands are injection addicts http://www.aids-ir.org/news/news_01.html.
General Director of the state prisons' organizations' health and cure pointing that during the last 3 years the percent of prisoners suffering high-risk behaviors to AIDS has increased from 2/1 to 3/30 emphasized: if the programs for controlling high-risk behaviors at the level of correctional centers were not performed, the statistics of prisoners suffering aids increased. According to his report, during the last years, prison and being imprisoned are the main factors for increasing AIDS around the country.
Judicial system, for repelling not to go from bad to worse, has supported from activities which cause to decrease the high-risk behaviors and damages emerge out of that. These activities including: delivering ampoules and alternative cures (with metudon or other alternative materials) to injection addicts and developing the culture of sexual health.
Access to Toilet and Washing Facilities:
From regulations point of view, prisoners must have day and night or permanent access to toilet and washing facilities. Washing facilities must also be at hand, in case of necessity.
Cleaning toilet and bathroom must be in the centre of attentions but the point is that this factor has been ignored particularly in case of detention and lead to problems for the prisoners.
Divergence of Some Places and Resting Places in Prison with Health Principles:
Being careless toward the health principles in prisons were among the complaints received by SDPR. In some of these reports and complaints the followings have been mentioned. Dirt and harmful insects in prison, lack of sink and personal health devices, inappropriate ventilation, prisoners' Density, dirty toilets and not providing appropriate spatial and clothes and sleeping tools.
Sexual Aberrations in Prison:
Uncontrolled sexual behaviors in prison population are more than society and particular precautionary {or preventive} actions must be taken into account. Reports of home sexual were among the reports received by SDPR.
According to the research done by the state prisons' organization research and education centre, there is sexual intercourse among women prisoners, as 71 percent of respondents announced.
About 30 percent of prisoners have reported this more than 10 percent.
The main reasons of sexual intercourse is sexual desire (need), having records of relations with homogeneous, attracting kindness and friendship, wasting time and weakness in religious beliefs.
High risk-sexual behaviors and shared injection have reported but spreading AIDS and other intercourse diseases in these prisons are not measured and disregarded. In cases rape have occurred and caused to moral or biter problems.
These kinds of news reflect hardly but in aban/1384, news revealed that a young boy was killed by raping of insurgents at Adel Abad {a city} prison in Shiraz. Although, the prison manager was overthrown but it shows that keeping youths in insurgents side and prisoners, lack of classification according to age, crime and personality, has disastrous con sequences.
The Report on Prisoners' State of Culture
Although in accordance with article 151 of prisons organization regulation the right of utilization of cultural facilities must be confirmed by prisons’ authorities, 21 articles of regulation are on (about) cultural rights of prisoners with make authorities to observe them.
Cultural facilities that should be available for prisoners’ use are book, newspaper, television, radio, sport and scientific and technical courses.
According to general manager of cultural department of prisons’ organization, more than 200 libraries equipped with about 1000000 books have been built. The number of books is different prison to prison, for instance the central penitentiary of Karaj has about 8500 books which are available for prisoners’ mornings and afternoons, while central prison of Saandaj has just about 1000 books and in many prisons there is no book and library at all.
Prisoners are able to pursue their education. Literacy movement has achieved satisfactory results in some prisons and has made many prisoners able to read and write. Also Payam-e-noor University has provided the facilities which are needed for interested prisoner to continue their high education; some prisoners have used it nicely. The problem is, prisoners are not eager to read and study due to their insufficient knowledge, more than 83% of prisoners do not have high-school diploma. Therefore despite of existence of library prisoners are not keen to use it. In order to correct their cultural and moral attitudes other facilities such as video, movies and artistic programs should be used.
Press availability is not appropriate, even some permissible newspapers have difficulties entering to prison (report from Sanandaj and Bandar-Abas prison.) even though in some prisons such as Evin several newspapers have been distributed among prisoners since some years ago and newspapers like Iran and Hamshahri are free of charge and Kayhan, Etelaat and Hemayat are available to be bought by prisoners. Considering the prisoners’ desire to have newspapers which are permissible outside and are not distributed in prisons, an important prison’s authority has been asked to allow the Defending prisoners rights society to provide prisoners other newspapers such as jam-e-jam ,Shargh , Etemad-e-meli and other newspapers ,daily and free of charge. After two contacts just jam-e-jam has been agreed and decision on other newspapers referred to the head of prisons organization. Subsequently a letter was sent to the person in charge and up to now, no reply is received.
Educational courses are just limited to religious ones and courses such as English and computer are available rarely.
Religious courses and Koran-reading are highly competitive and some awards are provided for them, which increase hypocrisy among prisoners and harm the aim of these courses.
In public rooms televisions are available. Several waves’ radios are impermissible, although some prisoners in Evin prison can have them.
Sport is not band and in most of prisons, prisoners use these facilities but the shortage of sport-facilities is tangible. Obviously a better situation would be achieved if prison organization, use the capacities and abilities of people and civil constitution to enhance sport facilities in prisons, the defending prisoners rights society could provide Evin prisoner some sportswear whish was bough by a charitable person(body).
Prisoners’ Employment
Deprivation of freedom is a severe punishment by itself. It must not be more severe with difficult situations.
Therefore government, judiciary system, Prisons Administrative Organization and none governmental organizations should focus their effort on making a better condition in which progress and change of prisoners are possible.
The most important part of social integration is finding away to finance, the main purpose of prisoners’ employment is helping them to overcome their uselessness, monotony , depression which can b resulted to trouble making in prison and also to find a legal income imprison and after prison which diminish the probability of criminal activities.
Employment Circumstances in Prisons in Iran
According to official statistics, 600000 people come in to prison and go out annually, and 140000 are in prison constantly, about 70% of them are married and their families usually consisted of more than five people, most of them are from lower social levels and are below the proportional or absolute poverty line. Potentially more than 2000000 people of Iran’s population are dealing with poverty and prison simultaneously.
“About 28000 prisoners are working in different professions.” Mozafar Alvandi the advisor of head of prisons organization said in august 2005.( detailed information is available on the website www.adrpi.org).Obviously to confirm these figures direct observations are needed, in this field defending prisoners rights society released a report upon an investigation into employment situation in Evin, Ghezelhesar, Tabriz, Fashfoyeh, Varamin and detention center last year (available on website).mentioning two points is essential about prisoners’ employment circumstances.
1) although the prisoners’ productions are sold for suitable prices, the wage of prisoner is too little (Gorgan Prison), another instance is from Tehran’s prison, tree-plant project in Emezed e Davood heights which was done by open verdict prisoners in 2005.the value of contract was 8300000000 Rials for 20000000 trench but every prisoner just received 70 Rials per trench.( approximately one sixth of real cost).
2) Employment facilities are not the same in different prisons. In such prisons such as Evin and Gezelhesar there are several equipped work shops and the maximum capacity is not used while many prisons do not have facilities which are needed for prisoners’ employment (Sanandaj).
The Lack of Employing Civil, Social and Private Institutions Capacity
Presently, prisons corporation and apprenticeship institution has most of employment facilities in prisons but due to lack of motivation and facilities of governmental organizations the need of activated private sector is absolutely tangible especially to provide prisoners some income raising jobs and diminishing the problems that prisoner already have. Not only should the presence be recognized by the government and its sub-institutes but also they should help make the needed context.
According to 119,120,121,122 articles prison’s organization regulation, this organization is responsible for providing job for job-seekers by using governmental or none governmental organizations’ capacities in order to make a source of income for prisoners, providing skill courses and needed equipment are also its duties.
The Society for Defending Prisoners' Rights is ready to introduce institutes and none governmental organizations which are going to provide courses, equipment and raw material for prisons and make a better situation in which prisoners are able to work and earn money.
Visitation and Leave of Absence
Human rights and relations between prisoners and outside must not totally dissipate, although prison would restrict some of theses rights by its nature.
Obviously the long term course of action to prisoners’ problems is their interaction with society and their maintenance as an ordinary citizen therefore keeping prisoners in contact with outside world is an essential step toward their socialization.
Leaving prison in purpose of leave of absence is predicted in 206 to 216 articles of prison organization regulation, according to first provision of …….”if the prisoners are unable of security depositing or introducing bail, there is no problem with sending the prisoner out, up to 10 hours while polices without uniform are monitoring.” convicts who their crimes are espionage, action against state security, establishing corruption and fornication centers and hold up are exempted by the regulation. Despite of prison and judiciary system authorities emphasis on the right of prisoner to leave of absence, existence of many problems has made it uncertain for prisoners.
During Ramadan of 2005 the judiciary power gave one month leave to 25000 prisoners, in some cases the leave extended to 3 month. During this time crimes including a severe one and some robbery which was committed by prisoners out of prison has been reported in newspapers. After Ramadan according to a circular, all leave of absence canceled and strictness increased judiciary power and prison organization mentioned three reasons.
1) Committing crime by some prisoners.
2) Lack of police monitoring
3)7% growth of offence by injection addicts.
The most important criticism to this decision is, if thousands of prisoners deserve leave of absence, it is not fair to deprive them from their right just due to others crimes, especially prisoners who had not committed any crime during leave time and introduce themselves to prison on time. Despite of aforementioned circular during Norooz times 25000 prisoners used leave of absence right but unfortunately some political prisoners could not receive it.