Iran: What a divorced woman and/or her family can do if her ex-husband, from whom she was granted a divorce by a court on the grounds that he was certified as being mentally ill, harasses and threatens a young female relative of the divorced woman
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 July 1998 |
| Citation / Document Symbol | IRN29618.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Iran: What a divorced woman and/or her family can do if her ex-husband, from whom she was granted a divorce by a court on the grounds that he was certified as being mentally ill, harasses and threatens a young female relative of the divorced woman, 1 July 1998, IRN29618.E, available at: https://www.refworld.org/docid/3ae6ad0650.html [accessed 17 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
An Iranian lawyer based in London informed the Research Directorate that under Article 619 of the Islamic Penal Code, "Anyone who, in the public places or roads annoys or hinders children or women will be convicted to 2-6 months jail and 74 lashes." Under Article 641 of the Islamic Penal Code, "Anyone who through telephone irritates other people shall be convicted to 1-6 months imprisonment" (3 July 1998).
The following information was provided to the Research Directorate by an Iranian lawyer who practices law in Iran. There is very little a divorced woman or her family can do about harassment from an ex-husband, even if the man has been certified as mentally ill. If the family were to lodge a complaint over harassment or threats and the case went to trial, the judge would likely ask the family to produce witnesses to support their claims of harassment or threats. There may be a possibility of conviction if the family is able to produce more than one witness of good character and reputation (for example, doctors or other professionals); but even in that event, the defendant may produce witnesses to contradict the family's claims. In general, the lawyer believes that it is very difficult to prove harassment or threats in court in Iran (2 July 1998).
A professor of sociology at Concordia University in Montreal, who specializes in Iranian women's issues, told the Research Directorate that if a man is harassing or "stalking" (e.g. following on the street) a young woman who is related to his ex-wife, then it would be up to the father of the young woman to raise the matter with the authorities. Moreover, this would not necessarily be seen as having anything to do with the ex-wife (29 June 1998).
A professor of political science at Spring Hill College in Mobile, Alabama, who specializes in Iran, informed the Research Directorate that it is possible to obtain a restraining order from a court in Iran in the event that a man is harassing or threatening his ex-wife or her relatives, but that such orders are difficult to obtain, especially in rural areas and small towns (23 June 1998).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Iranian lawyer based in London. 3 July 1998. Letter to Research Directorate.
Lawyer who practices in Iran. 2 July 1998. Telephone interview.
Professor of political science, Spring Hill College, Mobile, Alabama. 23 June 1998. E-mail communication.
Professor of sociology, Concordia University, Montreal. 29 June 1998. Telephone interview.
