Document #1121522
IRB – Immigration and Refugee Board of Canada (Author)
In Iran, military service is compulsory and
there is no provision for alternative service. [ United Nations,
Conscientious Objection to Military Service,
E/CN.4/Sub.2/1983/30/Rev.1, (New York: United Nations, 1985), p.
30. ] The length of service is two years, and conscientious
objection is not recognized. [ Amnesty International,
Conscientious Objection to Military Service, AI Index POL
31/01/88, February 1988, pp. 7, 13.] Possible penalties for refusal
to perform military service in Iran include a "longer than normal
period of military service; possible suspended prison sentence." [
Amnesty International, Conscientious Objection, p. 17.]
According to a copy of the Public Military Service Act of 21
October 1984, the exigency period of public military service is two
years, the precautionary period eight years, the first reserve
period ten years, and the second reserve period 10 years (Article
4). During an emergency, or when necessary, the exigency period can
be extended beyond the two-year period (Article 17). A number of
exemptions for exigency service are granted for reasons of
guardianship, education, or religion, however, doctors "shall be
permanently exempted from fulfilling the exigency period of
military service if they are unable to carry out their own medical
practice. Those doctors who do not enjoy goood health but can have
their own practice shall be exempted from carrying out heavy duties
as per prescription by the medical council. In time of war or
general call-ups, those subjects who have been exempted from
military service in peace time shall be called up" (Clauses 1 and
2, Article 40).
2.
It is not known whether the specific
consequences for a doctor or dentist evading conscription would be
different than for other army personnel. Articles 58 through 67 of
the Public Military Service act, which cover the general penalties
and public punishments, are attached. In particular, those evading
conscription during war time do not receive their permanent
completion/exemption card for a period of from five to seven years
(Article 58), and without these cards, the draft evader cannot be
employed in "any ministries, governmental and affiliated
institutions, factories, workshops or private companies" (Article
62).
Please refer to the IRBDC Iran: Country
Profile which discusses the measures taken by the authorities
against draft evaders and deserters. In particular, page seven
states that some deserters faced the death penalty in 1988. [
Immigration and Refugee Board Documentation Centre, Iran:
Profile, December 1988, pp. 6-8, 29.]
Amnesty International reports a high
incidence of political executions in Iran during the 1980s, and a
marked increase during 1988-1989. Although draft evaders are not
explicitly mentioned, doctors suspected of supporting Ayatollah
Montazeri have been put to death. [ Amnesty International,
Biggest Wave of Political Executions in Iran Since Early 1980s,
says Amnesty International, AI Index: MDE 13/31/88, 13 December
1988, p. 2] Between July 1988 and February 1989, Amnesty
International had recorded the names of over 1,200 reported
execution victims. [ Amnesty International, Fear of
Execution, AI Index: MDE 13/11/89, 10 February 1989.] Many of
the individuals executed are suspected of supporting left-wing
opposition groups, or of drug trafficking.
The Amnesty International Report
1989 refers to an incident reported in the Turkish press in
August 1988. Allegedly, "40 [members] out of a group of 58 Iranian
asylum-seekers handed over by the Turkish authorities to the
Iranian authorities were executed in Orumieh on the Iranian side of
the border". [ Amnesty International, Report 1989, (London:
Amnesty International Publications, 1989), p. 256.] The report does
not specify the alleged offences for which they were killed.
In January 1989, it was announced that a
campaign to find draft dodgers was to begin on 8 January 1989. [
"Iran: Campaign Against Draft Dodgers to Begin", Summary of
World Broadcasts, BBC Monitoring Service, 4 January 1989.] The
official in charge stated that "as far as possible, severe
punishments are envisaged to deal seriously and legally with those
individuals who have evaded the sacred duty of being conscripts
under various excuses during the eight year holy defence. The draft
dodgers, who are found and arrested ... will not find leniency and
they will not qualify for the four-month amnesty law." [ "Iran:
Campaign Against Draft Dodgers to Begin", Summary of World
Broadcasts, BBC Monitoring Service, 4 January 1989.]
In February 1989, a government plan to
announce a general amnesty for Iranians abroad was discussed in the
press. [ "Iran: Iranian prime minister comments on `The Satanic
Verses' Affair, Foreign Loans, Amnesty for Iranians Abroad",
Summary of World Broadcasts, BBC Monitoring Service, 20
February 1989.] The proposed plan apparently did not materialize,
however, as evidenced by statements made by Akbar
Hashemi-Rafsanjani in a news conference he conducted with the
international press on 8 June 1989. During this conference, he
discussed the high number of Iranian exiles who had left because
they could not face the war, and stated that "we [the Iranian
government] have not yet proclaimed a general amnesty. Those who
have committed a major crime are at present being investigated. But
the majority of the rest can return." [ "Iran: Rafsanjani's News
Conference; Announces Candidacy for Presidency, Comments on Future
Policy, Foreign Relations", Summary of World Broadcasts, BBC
Monitoring Service, 10 June 1989.]
A scheme for encouraging the return of
Iranians living abroad was announced by the Iranian government
during 1989. Essentially, males of draft age can return to Iran for
a visit and upon the payment of ten thousand dollars they will
receive a new Iranian passport and exemption from military service
for three years. [ External Affairs Canada, communiqué of 20
June 1989.] It should be noted that this announcement took place
prior to Mr. Rafsanjani's remarks to the press in June.
Attachments:
-
Communiqué from External Affairs
Canada re: Draft Avoidance Scheme;
-
Unofficial translation of the Public
Military Service Act of the Islamic Republic of Iran.