Iran: Process and procedures for obtaining employment (including in a senior-level position, on contract or as a court clerk) within the Iranian courts, the government and its agencies, including the Islamic Republic of Iran Broadcasting; the role and responsibilities of a court clerk (2001-2006)

Information regarding the procedures for obtaining government employment in Iran was scarce among the sources consulted by the Research Directorate. However, Amnesty International (AI) indicated that government hiring policies, based on selection criteria called gozinesh, are discriminatory (25 May 2005; AI 1 Apr. 2004, Sec. 3.ii; ibid. 11 Apr. 2003, Sec. 3.b). Specifically, AI reported that "[p]eople continued to be denied state employment because of their religious affiliation and political opinions under gozinesh, [...] 'selection' provisions which serve to prohibit individuals from working for state bodies" (ibid. 25 May 2005).

Information recently received from a University of Paris VIII professor of political science whose areas of research include the Middle East, Iran and political sociology appears to bear this out (25 June 2006). According to the professor, while hiring procedures vary depending on the importance and sensitivity of the work, the hiring process generally includes three stages (ibid). First, a candidate must present three references from other public servants of an equal or greater rank than the position sought, even for senior-level positions (Professor of political science 25 June 2006). The next stage of the process includes an interview to determine the candidate's professional competencies and a test to gauge his or her religious and ideological sympathies (ibid.). Lastly, the security branch (also known as harâsat) of the government department that is hiring will conduct a background check of the candidate, which can lead to rejection of his or her application (ibid.). As an illustration, the professor related the case of an acquaintance whose application was declined, despite success at the interview and test stages, because his wife had been smoking in public, a behaviour deemed anti-Islamic and reflective of his unsuitability for the public service (ibid.).

Exceptions to these procedures may be made for highly specialized professionals whose skills are in demand. When hiring such individuals, greater emphasis is placed on the assessment of professional abilities and the results of the security check rather than on religious or Islamic beliefs (ibid.).

In addition, because of favouritism, a candidate who comes highly recommended by a respected senior official will be submitted to less scrutiny (ibid.). However, the professor did say that positions considered [translation] "sensitive," particularly those within the Islamic Republic of Iran Broadcasting (IRIB), could be subject to a [translation] "more rigorous" selection process (ibid.).

Regarding contractual employment, the professor indicated that the government does not staff senior-level positions with contractual employees, and added that employees who are hired on contract must undergo a security background check before being given permanent status (ibid.).

Role and responsibilities of a court clerk

A lawyer with Sabi and Associates, a London, UK law firm specializing in Iranian law, reported that court officers, who are "normally [...] unqualified clerk[s]," can sign summons and notices issued by the court, but not conviction notices; these are signed by the sentencing judge (Sabi and Associates 4 May 2006). The lawyer also stated that "notices are served through the service department of the Ministry of Justice and through a bailiff. The bailiff is employed by the government and there are no private process servers, whether in commercial or criminal proceedings" (ibid.). Additional information on the role and responsibilities of a court clerk could not be found among the sources consulted by the Research Directorate.

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

References

Amnesty International (AI). 25 May 2005. "Iran." Amnesty International Report 2005. [Accessed 21 June 2006]
_____. 1 April 2004. "Discrimination in Iran." International Labour Organization: Amnesty International's Concerns Relevant to the 92nd International Labour Conference, 1 to 17 June 2004. (IOR 42/008/2004) [Accessed 21 June 2006]
_____. 11 April 2003. "Iran and Discrimination." International Labour Organization: Amnesty International's Concerns Relevant to the 91st International Labour Conference, 3 to 19 June 2003. (IOR 42/003/2003) [Accessed 19 June 2006]

Professor of political science, University of Paris VIII. 25 June 2006. Correspondence.

Sabi and Associates (Attorneys at Law), London, UK. 4 May 2006. Correspondence from a lawyer.

Additional Sources Consulted

Oral sources: The Abdorrahman Boroumand Foundation, the École des hautes études en sciences sociales, the Islamic Human Rights Commission [Tehran], the Islamic Republic of Iran Broadcasting, a professor at Boston College, a professor at California State University, Los Angeles, a professor at California State University, Northridge and a professor at the University of South Carolina did not provide information within the time constraints for this Response.

A researcher at the Centre national de la recherche scientifique [Paris] did not have information on the subject.

Internet sites, including: The Abdorrahman Boroumand Foundation, Centre national de la recherche scientifique, École des hautes études en sciences sociales, Équipe de recherche monde iranien, Factiva, Freedom House, Human Rights Watch, International Federation for Human Rights, International Labour Organization, Iran Daily, Iran Focus, Islamic Republic News Agency, Islamic Republic of Iran Broadcasting, Legislationline, Pars Times, Radio Free Europe/Radio Liberty, Tehran Times, United States Department of State.