Iran: Update to IRN30910.E of 26 January 1999 and IRN32418.E of 16 August 1999 on the application of apostasy laws and reports of Muslim converts to Christianity being accused of this crime; treatment of those convicted of apostasy

In addition to the Responses updated herein, please note that apostasy is referred to as a corollary charge with "corruption on earth" in IRN38474.E of 15 March 2002 and with the charge of "being against God and His Messengers" in IRN37740.E of 3 October 2001.

The Research Directorate found several reports on recent instances where Iranian courts have found individuals guilty of apostasy among sources consulted. These include charges levelled against cleric Hassan (Hasan) Yusefi Eshkevari (Yusefi-Ashkuri) (Resalat 24 Dec. 2002; UNHCR/ACCORD Nov. 2001, 92; Middle East Times 26 Oct. 2000) and against members of a group of activists that included journalists in 2001-2002 (RFE/RL 4 Feb. 2002). More recently, reformist academic Seyyed Hashem Aghajari was charged with apostasy (Resalat 25 Dec. 2002; Malaysiakini 30 Nov. 2002; Reasononline 14 Nov. 2002) after he challenged the authority of the senior clerics and called for the reform of Iranian theology (IranExpert.com 17 Nov. 2002; Aftab-e Yazd 20 Jan. 2003). Aghajari received the death penalty for his remarks (ibid. 16 Nov. 2002; Malaysiakini 30 Nov. 2002) on 6 November 2002 (IranExpert.com 17 Nov. 2002; Reasononline14 Nov. 2002); however, as of 20 January 2003, this sentence had not been carried out (Aftab-e Yazd 20 Jan. 2003).

Conversion of a Muslim to any other religion is considered apostasy in Iran (International Religious Freedom Report 2002 7 Oct. 2002). Recent accusations and charges reported for Muslim converts to Christianity were not found among sources consulted. Earlier cases not mentioned in previous responses include one where a Muslim convert to Christianity was held in custody, beaten and lashed in October 1999 and a second in July 1997 where an individual charged with apostasy was sentenced to death but later released from prison (International Christian Concern Sept. 2002). Additional information can be found in the attached subsection on conversion/apostasy excerpted from the United Nations High Commissioner for Refugees/Austrian Centre for Country of Origin and Asylum Research and Documentation (UNHCR/ACCORD) chapter on Iran published in the 7th European Country of Origin Information Seminar Final Report.

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. Please find below the list of additional sources consulted in researching this Information Request.

References

Aftab-e Yazd [Tehran, Internet version, in Persian]. 20 January 2003. "Supreme Court Adviser Says Aghajari Death Sentence Contrary to Islam." (FBIS-NES-2003-0120 20 Jan. 2003/WNC)

_____. 16 November 2002. "Iran: Objections to Aghajari Death Sentence Continue." (FBIS-NES-2002-1126 16 Nov. 2002/WNC)

International Christian Concern. September 2002. "Iran - Christian Persecution in Iran." [Accessed 24 Jan. 2003]

International Religious Freedom Report 2002. 7 October 2002. "Iran." United States Department of State. Washington, DC. [Accessed 27 Jan. 2002]

IranExpert.com. 17 November 2002. "Hashem Aghajari, Chronology of a Crisis." (Agence France Presse) [Accessed 24 Jan. 2003]

Malaysiakini [Kuala Lampur]. 30 November 2002. Mazani Alwi. "The Case of Hashem Aghajari: Islamic State Vision Comes Full Circle." [Accessed 24 Jan. 2003]

Middle East Times [Cairo]. 26 October 2000. Vol. 43. "Iranian Cleric Charged with Apostasy." [Accessed 24 Jan. 2003]

Radio Free Europe/Radio Liberty (RFE/RL). 4 February 2002. Iran Report Vol. 5, No. 4. Bill Samii. "Kofi Annan Lauds Freedom of Expression in Iran." [Accessed 27 Jan. 2003]

Reasononline [Los Angeles]. 14 November 2002. Charles Paul Freund. "Editor's Links: Secular Martyrdom in Iran." [Accessed 24 Jan. 2003]

Resalat [Tehran, in Persian]. 25 December 2002. Mohammad Kazem Anbarlu'i. "Newspaper Criticizes Aghajari's Defenders." (FBIS-NES-2003-0103 25 Dec. 2002/WNC)

_____. 24 December 2002. Mohammad Kazem Anbarlu'i. "Editorial Criticizes Reformist Press for Interpretation of Minister of Education's Remarks." (FBIS-NES-2003-0102 24 Dec. 2002/WNC)

United Nations High Commissioner for Refugees/Austrian Centre for Country of Origin and Asylum Research and Documentation (UNHCR/ACCORD). November 2001. 7th European Country of Origin Information Seminar - Final Report. "Iran Country Report (Presentation by Drewery Dyke and Additional Remarks by Bernard Quah 11 June 2001)." [Accessed 1 July 2002]

Additional Sources Consulted

Internet sites, including:

Australian Broadcasting Corporation (ABC)

Christianity Today

Country Reports 2001

E-Library

J-e-s-u-s.net

Human Rights Watch

Human Rights Without Frontiers

Iran Christians International (ICI)

Project: Open Book

Electronic Attachment

United Nations High Commissioner for Refugees/Austrian Centre for Country of Origin and Asylum Research and Documentation (UNHCR/ACCORD). November 2001. 7th European Country of Origin Information Seminar - Final Report. "Iran Country Report (Presentation by Drewery Dyke and Additional Remarks by Bernard Quah 11 June 2001)," pp. 97-98. [Accessed 1 July 2002]

Conversion/Apostasy

An Iranian Muslim who converts to another religion is considered guilty of apostasy. The crime of apostasy is, in accordance with Islamic Law as applied in Iran, punishable by death or lifetime imprisonment, depending on the particular circumstances of the case. With regard to the punishment, a distinction is made. For those born from Muslim parents (even if only one of them is a Muslim) anyone found converting shall be executed. Those born from non-Muslim parents who had converted to Islam and then converted again to another religion, shall be invited to repent. In the event they refuse they shall be executed. With regard to women detention and flogging shall be applied instead of the death sentence. There have been executions, particularly in the early years of the revolution. It would appear that at present the Government is not pursuing an active and systematic policy of investigation and prosecution of cases of apostasy. However, it should be noted that some of the Baha'is sentenced to death have been charged with apostasy.

Interestingly, there are also reports of Armenian-Orthodox - not even Evangelical - Christians, who converted to Islam, and were ostracised by their communities. These reports are very hard to confirm, however.

When confronted with cases claiming persecution because of their conversion, it would be advisable to make a distinction between those individuals who have genuinely converted in Iran prior to departure or flight and are known to the religious institutions with whom they have converted and those who decided to convert after arrival in a potential host country. Depending on the credibility of the case, those who converted in Iran should definitely be recognized, as the risk they have taken is very great and would show the level of personal commitment. Recognition of their refugee status would be based on the genuine fear of persecution if detected and if prosecuted.

Concerning proofs or certification that show that somebody has converted prior to her/his departure and is recognized by her/his own religious institution, in individual cases such papers may have been issued. Nonetheless, as these kinds of documents will put a person at risk when trying to leave Iran, it is more likely that they are not issued and that a refugee would not carry them with her/him.

It is important to add that conversion abroad could also be perfectly genuine. Iran is a place where people are fine as long as they do what they do behind closed doors and within their own four walls. People may drink, practice homosexuality and their religious faith after conversion. Yet, if a person who converted abroad walked down central Tehran wearing a cross, s/he would certainly have to face difficulties. S/he may not be at risk if s/he keeps a low profile. In general, however, it is very difficult to assess what is going to happen to a person who converted to another faith upon return. In such cases, a case by case assessment would need to be made taking into account the ultimate reasons for conversion and the degree of publicity surrounding the case. In addition, although Iranian embassies may well monitor activities of Iranian exile communities it would be highly unusual if they kept track of Iranian baptisms abroad.