Judiciary authorities’ future plan for prisoner’s leave of absence
Judiciary and prisons officials made agreement to organize the leave of absence circumstances, according to the agreement leave of absences should be arranged with police beforehand.
Other policies are depositing security, making civil agreements and giving 3 month leave to prisoners.
Prisoners say about leave of absence circumstances
A financial prisoner who has been in prison since 2000 has never got leave of absence, asked help defending prisoners’ rights society to help. The society contact vice attorney through letters and also visited Mr. Salarikia on this problem, despite of his agreement the judge has not done proper action.
Another case is a prisoner whose offence is fraud. He received 27 years prison sentence, now he is in Rajaieshahr prison, he has passed 19 years of his sentence in prison and has never received leave of absence. his daughter says:” I have never seen my father out of prison in my entire life.” according to other reports some prisoners with serious offenses ,not married even” after 3 years of the verdict have used leave and got open verdict .although it is appreciable, there is a grievous discrepancy between these reports.
“every prisoner is entitle to use 5 days leave every 2 month in condition of having deed ,security bill and guarantee of an officer “ he adds “70% to 80% of security bills and bails are rental” and just prisoner who are wealthy enough can use this facilities.
Political prisoners’ leave of absence
Not having any legal definition for political crime, basic rights of political prisoners are highly damaged. According to prisons organization regulation there is no specific rules about the rights of such prisoner. Problems like lack of balance between the punishment and crime, lack of diffraction of political prisoners, not having leave of absence, lack of private visitation and … cause difficulties for the prisons and their families.
A prisoner who has been sentenced to 15 years prison and exile to the furthest places of the country in 2003.he had been in Rajaieshahr prison in midst of 2006 was sent to Bandarabbas for the rest of his sentence. Since the detention he has been deprived from any leave of absence and since his transference to Bandarabbas his family has not visited him.
Another prisoner whose offence is action against state security, has been sentenced to 12 years of prison, has passed 5 years of his sentence in solitary confinement and has never received leave of absence, his wife divorced due to his long-term prison and not having relationships with him, he also has two children.
Other prisoners who’s their dossier are available in Defending prisoners rights society just after such a long time prison could get leave of absence, Akbra Ganji, Heshmatoalah Tabarzadi, Reza Alijani, Hoda Saber, Taghi Rahmani are some of them. These five people could give leave in July 2005, 3 of them could extend their leave until the end of year. Ganji has released, but Tabarzadi is still in prison and has not got any leave since last 10 months. Defending prisoners’ rights society has contacted Judiciary power and prison organization. on quests of Amir Abas Fakhravar, Heshmatoalah Tabarzadi, Ramin Motahari, Mohamad Reza Lohrasbi, Ali Raza Mehrabi, Mohamad Hasanzadeh and some other prisoners.
The point is despite of stipulation of prison organization regulation, in practical situation. This legal right is faced by arbitrary behaviors and attitudes one person could not get leave after 19 years prison and some can use it repeatedly due to favoritism.
Report on the State of Bails and Prisoners
"Bail is the amount of money or title deed handed to the court by the accused person in order to get released from detention. Providing a person is detained and a criminal charge is explained to him, the police might then ask for a bail for his release. In this case bail is a sort of pledge and bond that the charged person would appear in court on a due date. When the court of law charges a person on account of a criminal case or as a consequence of violating a temporary restraining order, and subsequently the person does not take part in the law court when officially, the bail will be seized. Bail is put up by the accused or on behalf of him.
Bail Confiscation Following the Return of a Prisoner
A person because of financial accusation (statute-barred under article 3) was sentenced into prison. Then a few while ago taking a leave by a property bail, he came out of prison. Because his leave took longer, he did not manage to return on time and his bail was confiscated and dedicated to the Possessory Property Organization. When his family brought the case to SDPR, our legal advisors emphasized that the accused should refer to prison on time in order to create the possibility of resolving the issue legally. He introduced himself to the prison authorities and following that Tehran deputy prosecutor issued orders for the release of the bail. However the assistant to the public prosecutor general stated that the release of the bail is not possible.
Since the mentioned property has been accepted as a bail for the leave of the prisoner (Firooz Nikbin) and due to the fact that he is currently in the prison, there is no legal basis for the property confiscation.
Bail Leasing
One of the difficulties of bail is that many of the accused and ordinary prisoners are not from affluent families and therefore cannot afford the bail. Hence because of not having title deeds or any other forms of suitable bail they are forced to lease the deeds. Considering the risk involved in bail, the cost of leasing deeds is quite high and imposes a heavy financial expense to the prisoner’s family.
Perpetrating Fraud against Prisoners in Need of Bails
The abovementioned problem has raised the problem of deceitful people penetrating fraud against those in need of bails. They try to lease deeds or act as go-betweens for leasing title deeds. This has lead to the emergence of new crimes and new problems. (See: Shargh newspaper, 21st Nov. 2005 p.27)
Multiplied Writ
According to law, the prisoner will be released either with bail writ or milder order like suretyship or even with more lenient injunction like obligatory promise. It is not rational to release a person with two decrees.
If a person can be released by suretyship, there will be no need for financial bail. However, in certain cases reported to SDPR the prisoner has been told to submit a bail and also a guarantee from a civil servant. (A report from a prisoner in Mashhad).
Inappropriateness of Bail Order with Charges or Offence
One of the most prevailing problems is the inappropriateness of the amount of bail with the offence or accusation, which should be particularly dealt with by courts and judiciary officials. The amount of the bail ought to be determined in accordance with the period of imprisonment the person has been sentenced to. There is a certain amount of money equal to each day of imprisonment and based on that the total amount is calculated. However, there is currently no rationale for determining the amount of bail. As an example, for the accusation, which is likely to receive 10 year imprisonment if approved by the law court, the amount of 8 billion Rial bail has been ordered. The main issue here is that basically there is no proof and evidence for such accusation. The abovementioned amount is equal to the blood money for thirty individuals, according to the legislation in Iran. In other words, if the accused person had committed such an immense crime and he was supposed to be released by handing in a bail, it would have been equal to 8 billion Rials. The bail in this particular case was finally decreased to 1 billion Rials which is another reason for the issue that from the beginning it was irrational. Meanwhile, 1 billion Rial would be unjustifiable for such accusation even if it had been proved (the case of Abdolfattah Soltani). Another example is that of a judge in Isfahan put up a bail of 29 billion 500 million Rials for a decent employee of an interest-free lending fund and because the accused could not certainly afford the amount he was asked for, he was sent to prison. He was charged with illegal exchange of 30 billion Rials of the bank loans. Four days later the first session of his court was held and the charged person was brought to the court his hands and feet cuffed and after a short investigation his bail was reduced to 500 million Rials (Etemad Melli - 2nd March 2006, p.14). The next case is a person charged person who initially received a 50 million Rial bail but this bail was immediately converted to detention order. Two weeks later his release with a 100 million Rial bail was ordered by the law court but all of a sudden this amount was increased to 3 billion Rials after a phone call. The next day, the person arrested on the same charges was ordered to be released by handing in a 2 billion Rial bail but due to the fact that his relatives could not afford the money he was released with the bail of the fellow charged person (the case of Ehsan Kamali).
Bail Defeating its own Purpose
Basically, the viewpoint beyond putting up a bail is that in comparison with detention a more lenient order is issued so that the accused would not be put behind bars. But there have been many cases that the bail has led to a person's imprisonment and this defeat the purpose of issuing a bail. In other words, since there are not enough legal justification for issuing an arrest warrant, the inspector or the judge tries to put up a bail that the charged person cannot afford and because of this he finds the excuse to put him behind the bars. In one case (of Arash Sigarechi), a bail of 2 billion Rials was determined by the court for the convict. This amount of money in the city where the accused lives is equal to the price of five relatively good houses. As a result, because his family as one can expect owned only house, they could not afford the bail, and this led to the imprisonment of the accused.
Fear of Handing Bails
Not releasing of the bail after the prisoner goes back to prison after his temporary leave or long puzzlement of people who are released by bail, is one of the reasons for the fear from putting up the bail. Currently we have tens of cases in SDPR that were released by handing in bails and years after their release, they still cannot expect their title deeds to be retrieved. Also the warnings by the judiciary at the time of handing in bails that this might cause future problems for the guarantor is another reason for the fear of providing a bail. Up to know it was assumed that the main source of this fear are the judiciary officials whereas it is now well known that the prisoners themselves are the main cause, in a way that their own relatives are left on the horns of a dilemma. There have been two example in the period this report is covering; in one case at the end of the leave period the prisoner refused to go back to prison and that cause the president of the SDPR to be summoned to the court on the charge of connivance in escaping the prisoner. In the second case, the prisoner was routinely coming out of prison on temporary leaves for a period of two years by the bail handed in by Ali Afsahi, subsequently the prisoner ran away. The revolutionary court issued a subpoena stating that if the prisoner is not returned to prison in twenty day time it would confiscate the property of the bailed title deed. This kind of conduct discourages those who might volunteer to stand bail.
The Family of Prisoner
The problem of family unit is focused in this chapter which is different from, those rights that prisoners and their families have to visit each other according to 180 to 185 articles of prisons organization’s regulation.
Do the prisoners’ family have custodian?
Obviously when somebody goes to prison their families face many problems. Considering their background in their own family and society they have different problems. These difficulties, financial or none financial, can cause new crimes among prisoners’ family on the other hand they may cause some serious problems in their returning process to family and safe life and also recovering their characteristics .
The question is while some national and international rules, institutions and organization try to protect and guarantee prisoner’s rights as soon as their arrest in order to prevent more crimes and treating their abnormality, why there is no institution to protect prisoners’ families exactly due to same reasons.
Regarding social and human rights prisoners’ families should not be punished and pay more than the prisoners. In Iran there is no institution which is responsible for prisoners’ families and the crises that May followed by prison. Oldest and perhaps the most important institution which consider prisoners’ families right indirectly is the Association for Supporting Prisoners. This association was established 60 years ago in previous regime with cabinet confirmation in regard to human rights objectives, after revolution it continued its activities with the approval from the High Judicial Council. This institute has 162 branches in the cities that have prisons. It is running by a board consisting 3 governmental authorities in the city, general attorney, governor and the head of prisons organization, and 3 local confidants which are selected by the governmental authorities.
After identifying the families in need, the association provided them a salary from 200000 to 500000 Rials (approximately 22 to 54 $) per month, if they had had 4 children and more they could have get the maximum 500000 Rials(54$).
The table shows average salary from 1999 to 2005
There is no big difference between 2005 and 2003. This salary is provided from the first to the third month and after that the poor families are introduced to Imam Khomeini's Welfare Committee which will provide few families the amount of 150000 to 200000 (16 to 22 $) Rials per month . This salary is supposed to increase this year.
Average salary of aid-seekers per a family with 1 person is 250000 Rials, 2people is 300000 Rials ,3 people is 350000 Rials ,4 people is 400000 Rials ,5 people and more is 500000 Rials according to Jam-e-jam newspaper.
In order to settle habitation need of families whose head is in prison the association provides residence for the families for one year which can extend up to the end of sentence. According to CEO they provide rice and cooking oil for the families while they are under their coverage. He also mentioned some social, cultural and educational services.
The services with this limited quantity and time can not even help the most basic needs,”just 500 families can use these facilities in Tehran” CEO says. A glance at MR. Ziyaiepour‘s case whose charge was embezzlement and was in prison just for 40000000 Rials (440 $) can give a better view of prisoners families situation in Iran.
Lack of Prisoners’ Insurance
Late Ziyaiepour despite of issuing security bill and its provision according to inquisitor apparently just as a punishment was sent to Evin prison ,after one week he fell down the third floor of the bed (due to congestion of prisoners in this prison triple beds are used) he had a concussion and went in to a coma after hospitalization in two hospitals and prison’s clinic ,prison asked his family to tack him home unless prison would deliver him to Amin-Abad psychiatric hospital; as his family was living in a rental house ,whit no income and having 3 children ,they were not able to look after such a special patient, the prisoner was delivered to Amin-abad psychiatric hospital, prison delivered him to hospital through one letter(while his family did not know) so sidestepped the cost of his hospitalizations and legal commitments and put the cost of hospital to his family ,even after publishing the news and notification of chief justice ,head of judiciary power, and his order to prosecution no change took place ,after all he passed away and Amin-Abad psychiatric hospital delivered the corps to his family just in condition of paying 280000 Rials(305$) or introducing equal deposit. This drama was happening while his wife had to work hardly in others houses to finance herself and her family (3children) , follow her husband’s court and prison affairs and also support her children ( 2daughters, one married ,and 2 sons who are students) mentally and spiritually.(Shargh 84/1/25) . The association helped 800000 Rials (77$) the family during 4 months! The defending prisoners’ rights society did its best by some financial aids and lawyer assignment. Up to present time prisoners organization has not taken any responsibilities and the family has not received any compensation to live on, moreover they are deprived of insurance coverage.
As mentioned before the consequences of internment, especially if he is the custodian of a family, are too severe not only in financing problems but also other issues. Financial, mental and psychological pressures can cause many dangerous difficulties for the families who are involve, due to this reasons the number of divorce are highly critical among prisoners families .if the prisoner is a civil servant after internment, he would be dismissed and his salary would be cut and if he is self-employment naturally he will lose his income. Prisoners insurance can solve lots of prisoner financial problems and also help their families. If according to the constitution all citizens had had same basic rights and after birth had been under insurance coverage most of problems would have solved.
One of main proposals of the defending prisoners’ rights society is prisoners insurance which can recompense many shortages which are made by absence of the prisoner; it also can be a good solution to their families’ perplexity and indetermination.
Summary
A great number of letters and reports, in written or verbal forms, regarding disagreeable conditions and unseemly conducts in prisons have been received. However due to the fact that there were no possibilities for investigating the cases, hardly have they been referred to in this report. In certain cases these reports and letters were remitted to the authorities in charge for further investigation. Despite certain improvements, the overall condition in prisons in comparison with previous years can be assumed as inappropriate and far away from acknowledged legal and human rights' standards. Being aware that to a certain extent these infringements and aberrances can be regarded as natural and considering the fact that their thorough eradicating are not possible, it has to be pointed out that if they are not to be addressed, they will turn to chronic deviation. Frequent difficulties which exist in different areas indicate the necessity of more control and supervision to be implemented, more attention to be paid by the prisons and judiciary officials to the statements of dissatisfaction and complaints, calling on civil institutions for more aid and advice, putting into practice the experiences of other societies and using more progressive mechanism to promote the overall conditions of prisons and the prisoners’ situation. It can be explicitly stated that the realization of prisoners’ rights requires clear and unequivocal legislation and constant monitoring to avoid preferential inference and create an organized legal framework.
On the subject of temporary prison leaves, the differences in the explanations given by the prisoners on one hand and the accounts given by the officials on the other, and the controversies in the reports on this issue indicate that lack of clear and specified acts ratified by the legislative body, the Islamic Consultative Assembly.
Regarding the fact that the only source of reference for the rights of prisoners is the implementary regulations of the prison organization, which is comprised of the rights and obligations of both the prisoners and the prison guards and can be approved and put in practice by the head of the judiciary, this procedure could be easily be manipulated by individuals. However if the procedure is approved by the parliament it would take a legal form and has to be observed by all sides regardless of any interpretations. This would also pave the way for more effective supervisions by non-governmental organizations and enables them to promote their roles and extend their operations.