violence are regularly reported and considered widespread in the Islamic Republic of Iran.23 24 25
26 27 28
Complaints of violence against women are usually first brought to the police in the Islamic
Republic of Iran. However, reports of cases of violence against women have shown that there is
a general lack of accountability for perpetrators. 29 30 31 Victims wishing to file a complaint for
domestic violence must present two adult male witnesses to the assault, an evidentiary burden
difficult, almost impossible, to meet.32 Further, a woman may only be given permission to leave
the marital house if she can prove to a court a significant risk of bodily harm or threat to her life
and safety.33 When perpetrators are convicted, sentences tend to be a payment of diyah (financial
compensation)34, unless the offence is found to have disrupted public order and the safety of
society, in which case prison may be imposed.35 Additionally, the absence of laws providing for
the issuance of restraining orders puts victims under the risk of abusers’ retaliation. In October
2018, a woman was reportedly murdered by her brother at the hospital, where she was
hospitalized after he stabbed her.36 Reports have shown that police and judges often consider
domestic violence as internal family matters,37 and police intervention has been reportedly
discouraged and parties are urged to settle out-of-court. 38 39 State institutions and Iranian
authorities have been reportedly unwilling to investigate and punish perpetrators or provide
social services to victims of sexual assault or rape.40
23
Amnesty International, ‘Iran 2019’, https://www.amnesty.org/en/countries/middle-east-and-north-africa/iran/report-iran/
Human Rights Activists in Iran En-HRANA, 2019 report, https://www.en-hrana.org/wp-content/uploads/2020/01/HranaAnnual-Report-2019.pdf
25
Human Rights Activists News Agency, 2019, https://www.en-hrana.org/increase-in-domestic-violence-in-tehran-more-than16-thousand-cases-were-filed
26
Human Rights Activists News Agency, 2020, https://www.en-hrana.org/domestic-violence-increased-during-coronavirusquarantines-and-stay-at-home-orders
27
Human Rights Activists News Agency, 2020, https://www.en-hrana.org/domestic-violence-increased-during-coronavirusquarantines-and-stay-at-home-orders
28
IRNA, 2020, https://bit.ly/38UoMfB
29
Center for Human Rights in Iran, 2019, https://iranhumanrights.org/2019/11/stop-violence-against-women/
30
Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/
31
Human Rights Activists News Agency, https://www.en-hrana.org/articles
32
“The standard [of proof] for testimony in all offences shall be two male witnesses; unless in zina, livat, tafkhiz, and mosaheqeh
which shall be proved by four male witnesses” Article 199 of the Islamic Penal Code (2013), Iran Human Rights Documentation
Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/
33
Amnesty International, 2015, https://www.amnesty.org/download/Documents/MDE1311112015ENGLISH.pdf
34
Amnesty International, 2015, https://www.amnesty.org/download/Documents/MDE1311112015ENGLISH.pdf
35
Article 614, Islamic Penal Code (2013), Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-ofthe-islamic-republic-of-iran-book-five/
36
Center for Human Rights in Iran, 2018, https://iranhumanrights.org/2018/11/iran-must-pass-legislation-to-protect-womenagainst-violence/ ; https://bit.ly/37POQrq
37
2019 Country Reports on Human Rights Practices: Iran, U.S. Department of State, https://www.state.gov/reports/2019country-reports-on-human-rights-practices/iran/
38
UN General Assembly, ‘Situation of human rights in Iran’ (para 32), 31 August 2015,
https://undocs.org/Home/Mobile?FinalSymbol=A%2F70%2F352&Language=E&DeviceType=Desktop
39
Australian Department of Foreign Affairs and Trade, Country Information report, Iran, 2020,
https://www.dfat.gov.au/sites/default/files/country-information-report-iran.pdf
40
Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/
24
4