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Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
Iran--2011 FDA Global Electoral Fairness Audit Report
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Iran--2011 FDA Global Electoral Fairness Audit Report

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2011 FDA Electoral Fairness Audit of the Iran's republic electoral system …

2011 FDA Electoral Fairness Audit of the Iran's republic electoral system

FDA auditors gave Iran an overall electoral score of 0%. (50% is the minimum passing grade.)

Published in: News & Politics, Travel
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  • 1. 2011 Electoral Fairness Audit of Iran’s Republic Electoral SystemExecutive Summary: Iran received an overall score of 0 percent for electoral fairness.The score means that Irans constitutional and legislative basis for democracy iscompletely unfair. FDA auditors found no overall elements of electoral fairness in Iran.Through severe state controls on political content, parties, and candidates, and with strictand severe enforcement, the Iranian system is authoritarian within a theocraticframework. The will of the Iranian people is replaced by the will of Islam and theIslamic Republic of Iran and its constitution. Citizens who oppose the Iranian state arerestricted severely and face severe consequences including imprisonment and the deathpenalty. In the FDAs opinion, for Iran to move forward, the Iranian state needs to uniteitself with the will of the Iranian people, or continue to face instability and disunity, andresulting reduction in individual and national harmony, productivity, and security. Electoral Fairness Audit Completed July 25, 2011
  • 2. About the Foundation for Democratic Advancement:The Foundation for Democratic Advancement ("FDA")s mission is to advance fair andtransparent democratic processes wherever elections occur. The FDA believes that fairerelectoral systems and a more informed public will help ensure the election of candidates whotruly represent the will of the people. The FDA fulfills its mission by performing detailedelectoral audits on political candidates and parties to inform the public, objectively andimpartially, about their electoral choices. Also, the FDA audits electoral legislation in terms offairness and equity, and conducts ground level assessments of democratic processes. (For moreinformation on the FDA visit: www.democracychange.com)Purpose of Electoral Fairness Audit:The purpose of the FDA’s electoral fairness audit (the “Audit”) is to determine a grade andranking for electoral fairness in Iran at the republic level of government. (This Audit is part ofthe FDA’s global audit of electoral fairness involving all countries which hold politicalelections.)This non-partisan, independent determination aims to give the citizens of Iran an informed,objective perspective of the fairness of the Iranian republic electoral system. The views in thiselectoral fairness audit are the views of the FDA only.The FDA’s members and volunteers are in no way affiliated with the Iranian Guardian Council orany of the Iranian registered/non-registered political parties.The Audit is an independent assessment based on objectivity, transparency and non-partisanship.The FDA assumes no responsibility or liability for any errors in the calculation of its audit resultsor inaccuracies in its research of relevant Iranian legislation.Methodology of the Electoral Fairness Audit:The FDA focuses on four key areas of electoral fairness:1) Laws and regulations on the political content of media including newspapers, broadcasters andonline media before, during, and after elections;2) Laws and regulations on the equality of candidates’ and parties’ influence before, during andafter elections, such as national televised debates, restrictions on candidate nominations, partyregistration requirements, etc.;3) Laws and regulations on electoral finance, such as party and campaign donation limits, thirdparty spending limits etc.; and4) Laws and regulations on the equality of voter say before, during, and after an election. TheFDA auditors looked at how Iranian laws and regulations promote equality of voter say in themedia, at the polling booth, through electoral finance and constitutional laws etc.Foundation for Democratic Advancement
  • 3. The FDA decided to audit these four areas of electoral fairness because, in our opinion, they areoften ignored or overlooked by the international community in determining electoral fairness.Moreover, these four areas cover broad aspects of the electoral process in which fairness couldbe compromised significantly.The FDA acknowledges that electoral laws and regulations may not necessarily correspond to theimplementation of those laws and regulations or the public’s response to them. Theimplementation and response could be positive or negative, in terms of electoral fairness.Nevertheless, laws and regulations provide the foundation for democracy, framework for theelectoral system, and an indication of electoral fairness. Also, a countrys constitutional andelectoral laws are part of the reality of its democracy.A further study which tracks the actions of mainstream media and the enforcement or non-enforcement of electoral laws and regulation, for example, would provide a more reliable overalldetermination of electoral fairness.The FDA researched current Iranian legislation, in relation to four areas of electoral fairnessbeing examined. Following which, the FDA audited the research results via the FDA electoralaudit team and established FDA scoring scales for the four areas of electoral fairness beingaudited.Weighting and Scoring:Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness andrelevancy.Each area of electoral fairness has a score range between 0 and 10, and each area is countedequally.The total averaged score will provide an indication of the electoral fairness in Iran.The FDA electoral audit team deliberated on the research on each area of electoral fairness, andthen attempted to reach consensus on the final score. Where no consensus could be reached, theindividual scores of the team were averaged.The final score for each area must be supported by more sound reasons and correspond to theestablished FDA scoring scale.FDA Researchers:Mr. Davood Norooi, FDA researcher, masters degree in Mining Engineer, former employee ofthe National Iranian Oil Company, and Iranian citizen.Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science(University of British Columbia) and Masters degree in Environment and Development(University of Cambridge).Foundation for Democratic Advancement
  • 4. FDA Electoral Fairness Audit Team:Chief Electoral Auditor:Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science(University of British Columbia) and masters degree in Environment and Development(University of Cambridge).Electoral Auditors:Ms. Melissa Bale, first year Law student (University of Cambridge) and FDA volunteer.Mr. James Cheung, bachelor degree in Commerce (University of Calgary) and FDA researcher.Mr. Kyle Chisholm, bachelor in sociocultural anthropology (University of Alberta) and FDAresearcher.Mr. Antonio Espinoza, bsc in Engineering (San Francisco Xavier de Chuquisaca), MBA inprogress (Private Technological University of Santa Cruz), computer science engineer, FDAtechnical expert and researcher, and Bolivian citizen.Ms. Nicolette Lambert, bachelor honors degree in Political Science and major in Psychology(McGill University) and FDA researcher and writer. (FDA intern)Mr. Dale Monette, bachelor degree in Commerce (University of Saskatchewan) and FDAbusiness development and marketing officer.Mr. Davood Norooi, FDA researcher, masters degree in Mining Engineer, former employee ofthe National Iranian Oil Company, and Iranian citizen.Mrs. Liza Valentine, FDA design consultant and researcher and masters degree in Architecture(University of Calgary).Report Writer:Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science(University of British Columbia) and masters degree in Environment and Development(University of Cambridge).Information Sources:The following information was consulted and utilized in this audit report:Press Law in IranPress Law (Ratified on March 19, 1986)Executive By-law (January 31, 1987)Party LawElection Act of Islamic Consultative Assembly (1999)Foundation for Democratic Advancement
  • 5. Iranian ConstitutionIslamic Penal Code© 2011, Foundation for Democratic AdvancementAll rights reserved.Foundation for Democratic Advancement728 Northmount Drive NWPO Box 94Calgary, AlbertaCanada, T2K 1P0info@democracychange.comFoundation for Democratic Advancement
  • 6. Table of Contents:Political Background on Iran 8Chapter 1: Political Content of Media 10Executive Summary 10Research Excerpts 10Score 24Rational 24Chapter 2: Candidate and Party Influence 25Executive Summary 25Research Excerpts 25Score 31Rational 31Chapter 3: Electoral Finance 33Executive Summary 33Research Excerpts 33Score 39Rational 39Chapter 4: Voter Say 40Executive Summary 40Research Excerpts 40Score 44Rational 44Chapter 5: Overall Audit Results 46
  • 7. Chapter 6: Analysis 47Chapter 7: Conclusion 48Chapter 8: Recommendations 49Appendix: FDA Global Audit Results 50
  • 8. Political Background on IranFlash back in Iranian history--Iran’s path to democracyIran is the oldest community and country in world(http://en.wikipedia.org/wiki/List_of_oldest_people_by_nation). Main type of governmentbefore 1979 revolution was a kingdom.Democratic revolutions:1- Constitutional Revolution2- Second stage of Constitutional Revolution3- 1979 RevolutionConstitutional Revolution was the first democratic period in Iran (and Middle East). Iran wascontrolled by kings before and after Islam. The Revolution was first step to form parliament incountry.It begin with people demonstration and objection to the king and his power. Newspapers andintellectuals also were in the movement. Finally the king under pressure accepted constitutionaldemands and moved some power to the parliament. It happened on August 5th, 1906. The firstparliament opened on 7th of October, 1906. The King died after signing constitutional reform tomore parliamentary political system.Before the First World War, the Russian army interfered in Iran and bombarded the parliamentbuilding. The new king cancelled the new parliamentary powers, and a civil war began in Iran.Actually it was a coup against peoples revolution.Pahlavi dynasty that was established in 1921 by Reza Pahlavi, in this era, improved Iraneconomically, but the parliament and other democratic organizations were weakened. After theSecond World War, Reza Pahlavi was forced to leave Iran, and a new age of democracy wasbegan. This era was not so long because Mohamad Reza (son of Reza Pahlavi) attained absolutepower in Iran after a coup by CIA. During this period, Mohammad Mosaddegh was primeminister of Iran. He pushed for democracy and made the Iranian national oil company which waspreviously under the control of England.After this action, England and United States decided to change the Iranian government. The 1953Iranian coup détat (known in Iran as the 28 Mordad coup[1]) was the overthrow of thedemocratically elected government of Iranian Prime Minister Mohammad Mosaddegh on 19August 1953. The coup was orchestrated by the intelligence agencies of the United Kingdom andthe United States under the name Operation Ajax. (The Ford presidency: a history. AndrewDowner Crain, p.124.) The coup saw the transition of Mohammad-Rezā Shāh Pahlavi from aconstitutional monarch to an authoritarian government which relied heavily on the United Statesfor support. The US backed authoritarian regime was overthrow in February 1979. (U.S. foreignpolicy in perspective: clients, enemies and empire. David Sylvan, Stephen Majeski, p.121.) Foundation for Democratic Advancement Page | 8
  • 9. This period of Iranian political history refers to the events involving the overthrow of Iransmonarchy (Pahlavi dynasty) under the Shah Mohammad Reza Pahlavi and its replacement withan Islamic republic .Demonstrations against the Shah commenced in October 1977, developing into a campaign ofcivil resistance that was partly secular and partly religious,(Ervand Abrahamian, Mass Protestsin the Islamic Revolution, 1977–79’, in Adam Roberts and Timothy Garton Ash (eds.), CivilResistance and Power Politics: The Experience of Non-violent Action from Gandhi to thePresent. Oxford & New York: Oxford University Press (2009), pp.162–178.) and intensified inJanuary 1978. Between August and December 1978 strikes and demonstrations paralysed thecountry. The Shah left Iran for exile in mid-January 1979, and in the resulting power vacuum,two weeks later Ayatollah Khomeini returned to Tehran to a greeting by several million Iranians.The royal regime collapsed shortly after on February 11 when guerrillas and rebel troopsoverwhelmed troops loyal to the Shah in armed street fighting. Iran voted by national referendumto become an Islamic Republic on April 1, 1979, and approved a new theocratic constitution.Unfortunately after two years in September of 1980, Saddam Hussein began a war against Iranthat was full supported by Western countries and Arabian nationalists. The war impacted Iran’sdemocratic improvement, and Iranian religious elements took advantage of the war by makingKhomeini the supreme power holder in the country (Vali-e Faghih).The Iranian reform movement, or the Reforms Front ) also known as 2nd of Khordad Front(which refers to the date of President Mohammad Khatamis 1997 landslide election victory inthe Iranian Calendar) is a political movement by a group of political parties and organizations inIran who supported Mohammad Khatamis plans to change the system to include more freedomand democracy. Irans "reform era" is sometimes said to have lasted from 1997 to 2005 - thelength of President Khatamis two terms in office. This era was a semi democratic after 1979revolution, but it was omitted from Iranian political history by the Guardian Council. Foundation for Democratic Advancement Page | 9
  • 10. Chapter One: Political Content of MediaChapter one will focus on the research and audit results of Iranian laws and regulations withrespect to the political content of media, including newspapers, broadcasters and on-line media,before, during and after elections.Executive Summary: Iran received a score of 0 percent for fairness of the medias politicalcontent. The score means that Iranian legislation pertaining to the media is completely unfair.The Iranian state controls the medias political content by making all political content conformlegally to the fundamental principles of Islam and the Iranian Constitution. The states medialaws include laws against false information, slander, and violation of public morals, and themedia laws are enforced with penalties such as 75 lashes, up to 5 years in prison, and the deathpenalty for insulting Prophet Muhammad. Moreover, the Iranian print media is controlled by theMinistry of Culture, and media licenses are denied based on criminal record and convictions ofimmorality.Research Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Press Law:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasis high relevance:Article 1: In this law, "press" means publications which are published regularly and under apermanent name, date and serial numbers on different subjects such as news, commentary, aswell as social, political, economic, agricultural, cultural, religious, scientific, technical, military,and artistic matters, sports, etc.Note: Extraordinary editions shall be published only by such publications which are publishedregularly.Chapter 2: Mission of the PressArticle 2: The following constitute the objectives of the press in the Islamic Republic of Iran: a. To enlighten public opinion and increase the level of their knowledge on one or several topicsmentioned in Article 1. b. To advance the objectives outlined in the Constitution of the Islamic Republic. c. To endeavour to negate the drawing up of false and divisive lines, or, pitting differentgroups of the community against each other by practices such as dividing people by race,language, customs, local traditions, etc. d. To campaign against manifestations of imperialistic culture (such as extravagance,dissipation, debauchery, love of luxury, spread of morally corrupt practices, etc.) and toFoundation for Democratic Advancement Page | 10
  • 11. propagate and promote genuine Islamic culture and sound ethical principles.e. To preserve and strengthen the policy of "Neither East nor West".Note: Each publication should at least enforce one of the above goals and such a goal must in noway be in conflict with the other goals specified above or with the principles of the IslamicRepublic.Chapter 3: Rights of the PressArticle 3: The press have the right to publish the opinions, constructive criticisms, suggestionsand explanations of individuals and government officials for public information while dulyobserving the Islamic teachings and the best interest of the community.Note: Constructive criticism should be based on logic and reason and void of insult, humiliationand detrimental effects.Article 4: No government or non-government official should resort to coercive measures againstthe press to publish an article or essay, or attempt to censure and controlling the press.Article 5: The press are lawfully permitted to acquire and disseminate domestic and foreign newsaimed at enhancing public awareness by taking into consideration the best interests of thecommunity and by observing the provisions of the existing law.Chapter 4: Limits of the PressArticle 6: The print media are permitted to publish news items except in cases when they violateIslamic principles and codes and public rights as outlined in this chapter: 1. Publishing atheistic articles or issues which are prejudicial to Islamic codes, or, promotingsubjects which might damage the foundation of the Islamic Republic; 2. Propagating obscene and religiously forbidden acts and publishing indecent pictures andissues which violate public decency; 3. Propagating luxury and extravagance; 4. Creating discord between and among social walks of life specially by raising ethnic and racialissues; 5. Encouraging and instigating individuals and groups to act against the security, dignity andinterests of the Islamic Republic of Iran within or outside the country; 6. Disclosing and publishing classified documents, orders and issues, or, disclosing the secretsof the Armed Forces of the Islamic Republic, military maps and fortifications, publishing closed-door deliberations of the Islamic Consultative Assembly or private proceedings of courts ofjustice and investigations conducted by judicial authorities without legal permit; 7. Insulting Islam and its sanctities, or, offending the Leader of the Revolution and recognizedreligious authorities (senior Islamic jurisprudents); 8. Publishing libel against officials, institutions, organizations and individuals in thecountry or insulting legal or real persons who are lawfully respected, even by means ofpictures or caricatures; and 9. Committing plagiarism or quoting articles from the deviant press, parties and groupsFoundation for Democratic Advancement Page | 11
  • 12. which oppose Islam (inside and outside the country) in such a manner as to propagate suchideas (the limits of such offences shall be defined by the executive by-law).Note: Plagiarism means intentional ascription of all or a considerable part of the works andwords of others to ones own, even in the form of translation.Article 7: The following activities are banned: a. Printing and publishing a publication without a license and a publication whose license hasbeen canceled, or, one which has been temporarily or permanently closed down by a court order. b. Publishing a publication the greatest part of whose items are incongruous to subjects whichthe applicant has undertaken to publish. c. Publishing a publication that may be mistaken in name, symbol or format for the existingpublications or those which have been temporarily or permanently closed down. d. Publishing a publication without mentioning the name of its license holder and the legallyresponsible director or the address of the publication and its printing house. e. Publishing and printing houses, distribution and sales departments of publications are notpermitted to publish and distribute publications which the Press Supervisory Board deems to bein violation of the principle stipulated in this by-law.Chapter 5: Qualifications of the Applicant and Stages of Issuing a LicenseArticle 8: It is permissible to publish publications under the responsibility of real or legal personswith Iranian capital after obtaining a license from the Ministry of Islamic Culture and Guidance.Note: Those publications which are published by Islamic liberation movements of othercountries may be published with non-Iranian capital and directorship within the framework ofthe regulations governing expatriates in Iran and upon the approval of the ministries of IslamicCulture and Guidance and Foreign Affairs.Article 9: A real person who applies for a license must have the following qualifications: 1. Be a citizen of Iran; 2. Be at least 25 years old; 3. Be free of incapacity, or, bankruptcy by fraud or guilt; 4. Be free of moral corruption, or, a record of criminal conviction which, according to the Islamic code, strips him/her of social rights; and 5. He/she must possess at least a bachelors degree, or, have completed basic seminary education verified by the Press Supervisory Board as mentioned in Article 10 of the by- law.Note 1: An applicant for a publication license should introduce himself/herself or anotherqualified person as a legally-responsible director for the publication as outlined in this article.Note 2: For internal publications published and distributed free of charge by government orprivate organizations, institutes and companies merely for the information of their employeesonly a permit from the Ministry of Islamic Culture and Guidance would suffice provided theprovisions of Article 2 of this law are observed.Foundation for Democratic Advancement Page | 12
  • 13. Note 3: One cannot publish more than one publication under a single license.Note 4: The license holder is responsible for the general policies of the publication and theresponsibility for any article published by the publication or any other affairs related to thepublication lies with its managing director.Note 5: Prime ministers, ministers, governors general, army, police and gendarmeriecommanders, heads of government departments, managing directors and chairmen of the boardsof government companies and banks, Majlis and Senate deputies, ambassadors, governors,mayors, heads of city councils in Tehran and provincial capitals, members of SAVAK (the formerShahs intelligence agency), heads of departments of Rastakhiz Party (of the former regime) inTehran and provincial capitals and towns, those affiliated to the former regime who held similarposts from 15 Khordad 1342 (June 5, 1963) to 22 Bahman 1357 (Feb. 11, 1979) or those whohave publicly spoken in favor of the former regime through the news media, radio or TV, areprohibited from publishing a publication.Article 10: The Press Supervisory Board shall consist of devoted Muslims who possess therequired scientific and moral competence and are committed to the Islamic Revolution asfollows: a. One of the judges of the state Supreme Court as elected by the Supreme Judiciary Council. b. Minister of Islamic Culture and Guidance or his fully authorized representative. c. A Majlis deputy as elected by the Majlis. d. A university professor appointed by the Minister of Culture and Higher Education. e. One of the press managing directors as elected by the press.Note 1: Two months after this law, the Press Supervisory Board shall be formed for a period oftwo years. For subsequent terms it shall be formed one month before the expiration of the earlierterm upon the invitation of the Ministry of Islamic Culture and Guidance.Note 2: The sessions of the Press Supervisory Board shall be considered valid upon the presenceof two-thirds of the members and the decisions shall be valid and binding if adopted by theabsolute majority.Note 3: After due investigation, the Press Supervisory Board will forward its comments to theMinister of Islamic Culture and Guidance for implementation.Note 4: The Ministry of Islamic Culture and Guidance is responsible for calling and organizingthe election meeting related to paragraph E and, those mentioned in paragraphs A, B and C willhave the right to examine and approve the qualifications of the election nominees. This law shallbecome effective after its ratification (Appendix dated 22 June, 1986).Article 11: The Press Supervisory Board is responsible for examining applications for presslicenses and the competency of the applicant and the managing director.Article 12: The Press Supervisory Board shall examine press violations directly, or, upon therequest of the Minister of Islamic Culture and Guidance and, if necessary, it may file writtenrequests for legal proceedings at competent courts.Foundation for Democratic Advancement Page | 13
  • 14. Article 13: Three months after receiving an application for a press license, the Press SupervisoryBoard must determine the competence of the applicant or the responsible managing director byclose observation of the provisions of the present law and it must announce its acceptance orrejection to the Ministry of Islamic Culture and Guidance, citing related reasons and evidence.The Ministry of Islamic Culture and Guidance is required to issue a press license to the applicantnot later than two months after receipt of the approval of the Press Supervisory Board.Article 14: In case a managing director happens to lack the qualifications specified in Article 9,or he/she dies or resigns, the license holder is bound to introduce another qualified managingdirector within a maximum period of three months to the Ministry of Islamic Culture andGuidance. Otherwise his/her publication shall be banned. Meanwhile, as long as the qualificationof the managing director has not been approved, the license holder shall be responsible for thepublication and the liabilities of the managing director.Article 15: The Press Supervisory Board shall announce its acceptance or rejection of themanaging director within a maximum period of three months after the matter has been forwardedto it by the Ministry of Islamic Culture and Guidance.Article 16: The license holder is bound to publish his/her intended publication within six monthsafter receipt of his/her license. Otherwise he/she will receive a written warning and a 15-dayrespite to publish his/her magazine/newspaper. Should, after this warning, the license holder failto present a plausible excuse for failure to publish, his/her publication license shall be revoked.Meanwhile, failure to regularly publish a publication within a year without plausible excuse, too,shall result in the cancellation of the license (upon the discretion of the Press SupervisoryBoard).Note: Publications published on an annual basis (such as year books) shall be exempt from theabove ruling but should the license holder fail to publish the magazine after one year his/herlicense shall be revoked.Article 17: Licenses issued on the basis of the previous regulations for the existing publicationsshall continue to be valid provided three months after the enforcement of this law the licenseholder takes steps to adapt himself/herself with the provisions of this law.Article 18: Each issue of a publication should bear the name of the license holder, managingdirector, office address and the address of the printing house where the publication is printed.Moreover, the publication must insert its field of activity (religious, scientific, political,economic, literary, artistic, etc.) and its order of appearance in a fixed page and column. Printinghouses are also required to comply with this article.Article 19: Publications are permitted to publish commercial advertisements for products andservices whose qualities have been officially verified by one of the recognized research centersin the country, by complying with the provisions of Article 12 of the regulations covering theestablishment and supervision of the method of operation of advertising organizations, and itsrelated paragraphs.Foundation for Democratic Advancement Page | 14
  • 15. Note: In cases where according to the above article, the press is allowed to publishadvertisements including remarks in praise of goods and services, such remarks may go beyondthe remarks specified in official commendation letters issued by legal authorities referred to inthis article.Article 20: Every newspaper or magazine must procure sealed ledgers, according to the law, andrecord all its expenditures and revenues in them and submit an annual balance sheet covering itsrevenues and expenditures to the Ministry of Islamic Culture and Guidance. The Ministry ofIslamic Culture and Guidance shall inspect these financial ledgers whenever it deemsappropriate.Note: Every month all publications are required to provide the Ministry of Islamic Culture andGuidance with statistics on their monthly circulation, in writing.Article 21: Managers of printing houses in Tehran and provincial towns are required to forwardtwo copies of their publications to the Ministry of Islamic Culture and Guidance, regularly andfree of charge.Article 22: Entry to and exit from the country of publications shall be in accordance with thebasis of religious codes and the Constitutional Law of the Islamic Republic.The regulations covering entry and exit of publications to and from the country shall beformulated within six months by the Ministry of Islami Culture and Guidance and shall beratified by the Islamic Consultative Assembly.Chapter 6: ViolationsArticle 23: Should a publication publish articles containing insult, libel and false statements, or,criticize individuals (real or legal persons), the concerned party shall have the right to forward aresponse to the same publication in writing within a period of one month. Upon receipt, thepublication is obligated to publish, free of charge, such responses and explanations in one of thetwo subsequent issues on the same page and column, and in the same font in which the originalarticle had appeared, provided that the response does not exceed double the size of the article anddoes not insult or libel anybody.Note 1: If the publication publishes additional matters or explanations beside the complainantsresponse, the latter has the right to protest again. Meanwhile, publishing a part of the protestersreply in such a manner that it might render the response incomplete or ambiguous, or, addingadditional topics to the reply is considered tantamount to non-publishing of the reply and the fulltext of the response must be published in a single issue.Note 2: The response received from candidates during elections must be published in the firstissue of the publication provided the reply is delivered to the newspaper against receipt at least 6hours before it goes under print.Note 3: In case a publication refuses or fails to publish the response, the complainant shall havethe right to complain to the public prosecutor. Should the matter be verified by the publicFoundation for Democratic Advancement Page | 15
  • 16. prosecutor, he will send a written warning to the publication to publish the reply. However,should such a warning fail to produce the desired effect, the prosecutor shall send the case to thecourt for action after issuing an order for temporary suspension of the publication in question andsuch a suspension shall not exceed 10 days.Article 24: Those persons who publish confidential military documents and orders, and secrets ofthe Islamic Revolutionary Guards Corps (IRGC), or, maps of military installations andfortifications during war or peace time in the press, shall be handed over to the court for trialaccording to pertinent regulations.Article 25: If a person, through the press, expressly and overtly instigates and encourages peopleto commit crimes against the domestic security or foreign policies of the state, as specified in thepublic penal code, and should his/her action bear adverse consequences, he/she shall beprosecuted and condemned as an accomplice in that crime. However, if no evidence is found onsuch consequences he/she shall be subject to a decision of the religious judge according toIslamic penal code.Article 26: Whoever insults Islam and its sanctities through the press and his/her guilt amounts toapostasy, shall be sentenced as an apostate and should his/her offense fall short of apostasyhe/she shall be subject to the Islamic penal code.Article 27: Should a publication insult the Leader or Council of Leadership of the IslamicRepublic of Iran or senior religious authorities (top Islamic jurisprudents), the license of thepublication shall be revoked and its managing director and the writer of the insulting article shallbe referred to competent courts for punishment.Note: Attending to crimes mentioned in articles 24, 25, 26 and 27 need not be based on acomplaint by a private party.Article 28: Publication of indecent pictures and materials that offend public decency is prohibitedand is subject to Islamic punishment and insistence on publishing such pictures and materialswould lead to tougher punishment and cancellation of the publications license.Article 29: Publication of closed-door deliberations of the Islamic Consultative Assembly(Majlis) and courts of justice, or, of investigations conducted by intelligence and judiciaryauthorities disclosure of which is forbidden by law, is prohibited. Should a publication violatethis ruling it shall be treated by the Islamic penal code and by a religious judge.Article 30: Publication of any article containing slander and libel and use of invective languageand derogatory allegations, etc. against individuals is prohibited and the guilty managing directorshall be referred to judiciary authorities for punishment. Legal proceedings would follow if, theinjured party lodges a complaint against such offenses. However, should the complainantwithdraw his/her complaint the prosecution would stop at whatever stage it might be.Note 1: In the above circumstances the complainant (real or legal person) may lodge a complaintat a competent court and demand compensation for the damage inflicted on him/her as a result ofFoundation for Democratic Advancement Page | 16
  • 17. publication of an offensive article and the court should attend to the complaint and issue a properjudgment.Note 2: If the said publication offends a dead person but the offense also affects the survivors ofthe deceased, each of the legal heirs of the dead person may file a complaint, according to theabove article and note, from penal and legal points of view.Article 31: Publication of articles that threaten to harm or disgrace a person or disclose his/herconfidential affairs is prohibited and the guilty managing director shall be introduced to judiciaryauthorities and punished according to the Islamic penal code.Note: With regards to articles 30 and 31, as long as the matter is under investigation thepublication has no right to publish anything about the issue under investigation. In case ofviolation, the public prosecutor must issue an order for the temporary suspension of thepublication before the investigation is completed. The suspension shall cover the first issue afterreceipt of the court order and should the publication repeat the offense the court shall ban thepublication as long as the court has not issued its ruling.Article 32: If an individual falsely introduces himself/herself as a license holder or managingdirector of a publication, or, attempts to publish a paper without a license, he/she shall beprosecuted by a religious judge.The provisions of this article also apply to those license holders whose licenses have beenrevoked by the law or those managing directors of the press who have been stripped of theirposition by the law.Article 33: Should a publication falsely imitate the name or emblem of another publication evenwith slight changes in the original logo or name in such a way which may mislead the reader, itshall be banned and the offender shall be handed over to an Islamic court. Prosecution andpunishment of such an offense is subject to a complaint by an injured private party.Article 34: Crimes attributed to the press shall be examined by competent courts in the presenceof a jury.Article 35: The executive by-law of the present law shall be prepared within a maximum periodof six months by the Ministry of Islamic Culture and Guidance and shall be ratified by theCouncil of Ministers.Article 36: Upon the ratification of this law all contrary regulations shall be considered as nulland void and the Ministry of Islamic Culture and Guidance shall be responsible for its execution.The above law consisting of 36 articles and 23 notes was ratified in the open session of theIslamic Consultative Assembly (Majlis) on Thursday March 13, 1986, and by the Council ofGuardians of the Constitution on March 17, 1986.Foundation for Democratic Advancement Page | 17
  • 18. Executive By-law of the Press Law Ratified in March 1986Chapter 1: Definition and Specifications of the PressArticle 1: In terms of regular publication timetable, the press may be published in the followingintervals:Once in a day (daily), once in a week (weekly), once in two weeks (biweekly), once a month(monthly), once in two months (bimonthly), once in three months (quarterly), twice a year(biannual) and once a year (annual).Article 2: When naming a publication the publisher must use such words which would preventthe publication from being mistaken with the existing publications or with those which have beenclosed down temporarily or permanently and the name should not bring to mind the latter groupof publications. Also the name of the publication must not be strange and should not create theassumption that the publication is dependent on revolutionary and government organs.Article 3: Adoption of any methods other than those specified in Article 1 of the Press Law mustconform to the mission of the press.Article 4: Extraordinary publication of special issues and supplements in the name of the samepublication and in compliance with other specifications cited in the publishers license, ispermissible provided the publisher observes the provisions of the Press Law.Note: Such supplements cannot be published regularly.Article 5: Translation of all or part of materials published by licensed publications and separateand regular publication of such materials is permissible provided the publisher observes his/herother commitments indicated in the license.Article 6: Offset or Xerox reproduction of a publication in the same printed language and formatwithout the permission of the license holder is prohibited.Article 7: Materials published in a publication must conform to the methods and requirementsspecified in the license of the publisher and the publication is not allowed to publish matters andarticles which go beyond those methods and requirements and may affect its general policies andobjectives.Article 8: While observing the provisions of Article 2 of the Press Law and in compliance withthe demanded method, local dailies and weeklies are obliged to publish materials about the socialand cultural issues of the place of publication, in order to enhance public awareness.Article 9: It is permitted to quote from aberrant or anti-Islamic (domestic and foreign)publications, groupings and parties for research, criticism or rejection of their viewpointsprovided this would not be tantamount to publicity for them.Article 10: No change is permissible in the specifications cited in a license, such as change ofFoundation for Democratic Advancement Page | 18
  • 19. name, method, order and place of publication, or a change in the format of the publication priorto informing the Press Supervisory Board and obtaining its approval.Chapter 2: Requirements for Issuance of License and Permit for PublicationsArticle 11: Applicants for publication license must submit their application by completing aquestionnaire covering the particulars of the applicant, his/her social, political, cultural, andprofessional background and legal commitments along with the following documents to theMinistry of Islamic Culture and Guidance in Tehran or to the Ministrys provincial offices: 1. Four 4 x 6 photos 2. Two photocopies of all the pages of the birth certificate; 3. A non-penal conviction certificate showing the applicant has not committed any act which has led to his deprivation of the social rights according to the Islamic codes; and 4. A photocopy of the applications latest educational certificate confirmed by the related departmentsArticle 12: In case the applicant for a publication license is a legal person, the request for thelicense should be coupled with a letter of introduction by the highest official in the relatedorganization introducing a qualified managing director. In case of approval, the license shall beissued in the name of the center that has requested the license.Article 13: Political associations, parties, organizations, and religious minorities may apply for apublication license provided that they have a legal permit for operation.Article 14: The Ministry of Islamic Culture and Guidance may examine and issue publicationlicenses to Islamic liberation organizations of other countries within the framework ofregulations governing foreigners residing in Iran, after inquiring the opinion of relateddepartments, collecting necessary documents and soliciting the approval of the Ministry ofForeign Affairs.Article 15: A government or private organization, institute or company may publish an internalbulletin after receiving a license from the Ministry of Islamic Culture and Guidance by observingthe following requirements: 1. The application for the bulletin must be made by the highest authority in the organization and it should include the name of the managing director. 2. Articles and news must be mainly related to the applicants objectives and duties and the bulletin must be published only for the use of the concerned employees. 3. The cover of the bulletin must be plain and no more than two colors should be used in it. 4. The number of its pages must not exceed 48. 5. The bulletin must be distributed free of charge.Note 1: (Deleted on September 20, 1987.)Note 2: The issuance of licenses for government organizations is subject to the observation ofother pertinent regulations.Foundation for Democratic Advancement Page | 19
  • 20. Article 16: (Deleted on September 20, 1987).Article 17: The Ministry of Islamic Culture and Guidance shall issue a license for the licenseholder and an identification card for the managing director of the publication.Article 18: The Ministry of Islamic Culture and Guidance may conduct necessary investigationsfor implementation of the provisions of Article 11 of the Press Law and report the findings to thePress Supervisory Board. The related ministries and organs are also required to collaborate withthe Ministry of Islamic Culture and Guidance in this connection.Article 19: Applicants disqualified by the Press Supervisory Board based on paragraph 4 or Note5 of Article 9 of the Press Law are not permitted to reapply for publishing a publication.Article 20: The official date of registration of an application for publication license shall be thedate when all the required documents are submitted by the applicant.Article 21: In case of death of the license holder, his/her legal qualified heirs shall have thepriority to reapply for the license unless they lack the required qualifications. Should the heirsfail to apply for renewal of the license (in their own name) during the term specified in Article 16of the Press Law, or, fail to publish the publication after obtaining the renewed license, theirlicense shall be revoked. (Reformed on 17/9/1987)Chapter 3: Issues the Press (License Holders and Managing Directors) Are Obligated to Observe:Article 22: Publications printed in the form of daily newspapers are required to insert their fullname, the order and date of publishing, serial and page numbers on top of each page and theprice of the newspaper on the front page. Also publications printed in the form of magazines arerequired to insert their full name, the order and date of the magazines publication, serial number,the number of pages and the price of the magazine on the cover and insert page numbers on allpages.Note: Adding any words or phrases to the name or emblem of the publication other than thosespecified in the publication license or printing license is prohibited.Article 23: Each publication must possess a place as an office. The holder of a publicationlicense is required to notify in writing the address of his/her publication to the Ministry ofIslamic Culture and Guidance after obtaining his/her license.Note: The license holder is required to notify in writing the Ministry of Islamic Culture andGuidance in Tehran or the Ministrys provincial offices within 48 hours after change of addressof his/her publication.Article 24: All correspondence bearing the signature of the license holder or managing directorof the publication or any other person introduced to the Ministry in writing and in advance by thelicense holder, shall be considered as valid. Where the Press Law and its executive by-lawstipulate that correspondence must be signed by the license holder or managing director of thepublication, letters signed by another person they may introduce, shall not be valid.Foundation for Democratic Advancement Page | 20
  • 21. Article 25: All publications are required to separately indicate their circulation number and thenumber of unsold copies in the required form, specifying places of distribution, and forward it tothe Ministry of Islamic Culture and Guidance which shall regard the data as confidential.Article 26: The managing director of the publication is obligated to announce to the Ministry ofIslamic Culture and Guidance in writing, the name of the printing house he/she has concluded acontract with.Article 27: The managers of printing houses are required to submit two copies of eachpublication, simultaneously with the completion of the printing process, to the Ministry ofIslamic Culture and Guidance in Tehran or to the Ministrys provincial offices against a receipt.Article 28: In case of the cancellation of license of a publication in writing by the Ministry ofIslamic Culture and Guidance, the license holder is required to return documents he has obtained,such as publication license, managing directors card and press cards given to its reporters, withina period of 10 days. Those who abuse these documents shall be dealt with according to the law.Chapter 4: Other RegulationsArticle 29: The Ministry of Islamic Culture and Guidance must avail of competent and qualifiedcentres for examination of specialized publications.Article 30: By publishing a notice in mass circulation dailies three months before the expirationof the term of the Press Supervisory Board, the Ministry of Islamic Culture and Guidance shallinvite the managing directors of publications to nominate themselves as candidates for the PressSupervisory Board and after the verification of their qualifications by the board membersspecified in Note 4 of Article 10 of the Press Law it shall again invite all press managingdirectors to participate in the elections. Such a meeting shall become valid when participated inby the majority of the press managing directors; voting shall take place by secret ballots and hewho receives an absolute majority shall be elected as the press representative in the PressSupervisory Board.Note 1: If the majority fail to attend in the first stage, the next meeting shall take place twoweeks later. That meeting shall be official with the presence of one third of the managingdirectors.Iranian Constitution:Article 24Publications and the press have freedom of expression except when it is detrimental to thefundamental principles of Islam or the rights of the public. The details of this exception will bespecified by law.Article 93 [Mandatory Formation]Foundation for Democratic Advancement Page | 21
  • 22. The Islamic Consultative Assembly does not hold any legal status if there is no Guardian Councilin existence, except for the purpose of approving the credentials of its members and the electionof the six jurists on the Guardian Council.Article 94 [Review of Legislation]All legislation passed by the Islamic Consultative Assembly must be sent to the GuardianCouncil. The Guardian Council must review it within a maximum of ten days from its receiptwith a view to ensuring its compatibility with the criteria of Islam and the Constitution. If it findsthe legislation incompatible, it will return it to the Assembly for review. Otherwise the legislationwill be deemed enforceable.Article 175The freedom of expression and dissemination of thoughts in the Radio and Television of theIslamic Republic of Iran must be guaranteed in keeping with the Islamic criteria and the bestinterests of the country. The appointment and dismissal of the head of the Radio and Televisionof the Islamic Republic of Iran rests with the Leader. A council consisting of two representativeseach of the President, the head of the judiciary branch and the Islamic Consultative Assemblyshall supervise the functioning of this organization. The policies and the manner of managing theorganization and its supervision will be determined by law.Islamic Penal Code:Article 513- Anyone who insults the Islamic sanctities or any of the imams or her excellencySadigheh Tahereh should be executed if his insult equals to speaking disparagingly of ProphetMuhammad. Otherwise, should be imprisoned from one to five years.Article 514- Anyone who somehow insults the founder of Islamic Republic of Iran – Khomeini,or the SupremeLeader of the country should be sentenced to imprisonment from six months to two years.Article 515- Anyone who attempts at lives of the Spiritual Leader or any of the leaders of thethree branches of the government should be sentenced to imprisonment from three to ten years.Chapter 15- Personal InsultsArticle 608- Insulting, such as swearing, or using profane language, if not punished based on thehaad of malicious accusations, should be punished by flogging up to 74 lashes or a fine of50,000 to 1,000,000 Ryal.Article 609- Anyone who insults any of the leaders of the three branches of the government, orpresidential deputies, or ministers, or any of the members of the parliament, or any of the staff ofthe ministries, or any other state employees, while they are at duty, should be punished byimprisonment from three to six months or flogging (74 lashes) or a fine of 50,000 to 1,000,000Ryal.Foundation for Democratic Advancement Page | 22
  • 23. Chapter 18- Offenses against Public MoralArticle 639 – The following people should be imprisoned from one to ten years, and in the caseof category (a) the property should be confiscated according to decision of the court.a) anyone who manages a property where activities against public moral take place;b) anyone who encourages people to violate public moral;Article 640 – The following people should be imprisoned from three months to one year and paya fine of 1,500,000 to 6,000,000, and also be flogged up to 74 lashes, or any of thesepunishments.c) anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper,movie, or anyother thing that violates public morals;d) anyone who is included in the circulation of the above items;Chapter 27- Libels and RevilementsArticle 697- Anyone who through any printed press or any other media falsely accuses some oneof an offense or crime should be sentenced to imprisonment from one month to one year orflogging up to 74 lashes (unless the punishment is specified in haads).Article 698 – Anyone who in order to hurt some one else or to disturb public mentality or theofficials publishes false information in the form of letter, or complaint, or report, or any otherpress, should be imprisoned from two months to two years or be flogged 74 lashes.Article 700 – Anyone who publicizes satirists materials should be imprisoned from one to sixmonths.Election Act:Note 2:The publications and press belonging to organizations, ministries, offices and institutesmentioned in this article, shall have not the right to propagandize for election nominees even bypublication of notice.Article 64:Press and publishers have not the right to publish articles against the nominees or publishfalse information culminating in withdrawal of a group of voters; in any case, the nomineeshave right to give their responses within 18 hours after publication and the publishers shallpublish it immediately according to press law. If the response is not published, the publisher shallbe responsible to send the nominees response to a similar publisher for publication in its firstperiodical. Publication of such materials otherwise is forbidden and the nominee has right topublish his/her objection.Foundation for Democratic Advancement Page | 23
  • 24. Electoral Fairness Audit Results for Media and Broadcasters:Score:The FDA electoral fairness audit team reached consensus on a score of 0/10Rational for Score:Public and private media and press must conform to the fundamental principles of Islam and therights of the public.Media licenses are denied based on criminal record and convictions of immorality.All TV and Radio stations are under the control of the supreme leader.There are no laws that ban TV and Radio stations; however, they are banned through severecensorship.All publishing such as newspapers, books, and magazines are controlled by the Ministry ofCulture, and they must conform to Islam and the Iranian constitution.The state monitors monthly the circulation of media publications and their finances.Citizens have the right to reply to publications containing insult, libel and false statements, orcriticism of individuals (real or legal persons), free of charge in the same publication and withinone month.Members of the media and press are subject to the following penalties for false information,acting contrary to Islam, slander, violation of public morals, etc., up to 5 years in prison, 75lashes, up to 6,000,000 Riyal ($566.00 USD) in fines, and execution for directly insultingProphet Muhammad.Government institutions are forbidden from producing and disseminating election propaganda.The state forbids campaigning through the state media. Press and publishers are forbidden frompublishing articles against a political nominee or disseminating false information about anominee.The score of 0 percent for the medias political content means that the Iranian media legislation iscompletely unfair. There is no political freedom of expression in Iran when political content mustconform to Islam and the Iranian Constitution. Moreover, the Iranian state imposes severepenalties for non-conformance to political content, including up to 5 years imprisonment and lossof media licenses. Although no electoral campaigning is allowed through the state media andbroadcasters, it is irrelevant when the political content is controlled strictly and severely by thestate.Foundation for Democratic Advancement Page | 24
  • 25. Chapter Two: Candidates’ and Parties’ InfluenceChapter two will focus on the research and audit results of Iranian laws and regulations withrespect to the equality of candidates and parties’ influence before, during and after elections.Executive Summary: Iran received a 0 percent score for candidate and party influence. Thescore means that Iranian legislation on candidate and party influence is completely unfair.Political content and political parties and candidates must conform to Islam and the IslamicRepublic of Iran and its constitution. The Guardian Council, an extension of the IslamicConsultative Council and the Islamic Republic, regulates elections. Some political groups suchas SAVAK and the Freemasons are denied political rights. Political parties are denied electoralrights based on poor penal records. Electoral campaigns are limited to eight days, and the statedisallows candidates from campaigning (or criticizing) other candidates.Research Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Article 4: Parties and their members should be obligate to Islamic Republic of Iran and itsconstitution.Article 28: Members should be : 1- obligate theoretically and practically to Islam 2- Obligate toSupreme leader (Vali-e Faghih) 3- accepting constitution 4- well known 5- they should bemember of one party.Article 29: Income of party will prepare by remembrance fee, people donations and other legalincomes.Article 32: If a party cancel, all assets of party will transfer to the supreme leader.Organizations that held election1-The Ministry of Interior is responsible for performing, supervising, and reporting elections.2-Guardian Council has complete authority for accepting or rejecting nominees. This actionended the reformist movement after 2003-2005 presidential and parliamentary election.Iranian Constitution:Article 26The formation of parties, societies, political or professional associations, as well as religioussocieties, whether Islamic or pertaining to one of the recognized religious minorities, is permittedprovided they do not violate the principles of independence, freedom, national unity, the criteriaof Islam, or the basis of the Islamic republic. No one may be prevented from participating in theaforementioned groups, or be compelled to participate in them.Foundation for Democratic Advancement Page | 25
  • 26. Article 62The Islamic consultative Assembly is constituted by the representatives of the people electeddirectly and by secret ballot. The qualifications of voters and candidates, as well as the nature ofelection, will be specified by law.Article 64There are to be two hundred seventy members of the Islamic Consultative Assembly which,keeping in view the human, political, geographic and other similar factors, may increase by notmore than twenty for each ten-year period from the date of the national referendum of the year1368 of the solar Islamic calendar. The Zoroastrians and Jews will each elect one representative;Assyrian and Chaldean Christians will jointly elect one representative; and Armenian Christiansin the north and those in the south of the country will each elect one representative. The limits ofthe election constituencies and the number of representatives will be deter-mined by law.Article 115The President must be elected from among religious and political personalities possessing thefollowing qualifications: Iranian origin; Iranian nationality; administrative capacity andresourcefulness; a good past-record; trustworthiness and piety; convinced belief in thefundamental principles of the Islamic Republic of Iran and the official madhhab of the country.Party Law:Article 1: Political parties, associations, societies and organizations, and such like, areorganizations which have articles of association andwhich have been established by real persons believing in certain essential policies and ideals andwhose objectives, behaviors and programs aresomehow related to the administration of the state and general policies of the Islamic Republic ofIran.Article 16: The groups covered by this law should refrain from the following cases and mattersin their publications, assemblies and other activities:A- Committing acts which may violate independence of the state.B- Any kinds of contacts, exchange of information and collusion with embassies, legations,government organs and parties of foreign countries, at any leveland in any form, which may be harmful and injurious to freedom, independence and nationalunity and interests of the Islamic Republic of Iran.C- Receiving any kind of financial and logistical assistance from foreigners.D- Violation of legitimate freedom of others.E- Resorting to accusations, slander and rumor mongering.F- Violation of national unity and perpetration of some acts such as planning todisintegrate the country.G- Making efforts to create and intensify the division within ranks of the nation, usingvarious cultural, religious and racial grounds existing in the society ofIran.H- Violating Islamic standards and the basis of the Islamic Republic.Foundation for Democratic Advancement Page | 26
  • 27. I- Anti-Islamic propaganda and publication of seditious books and literature.J- Hiding, keeping and carrying unauthorized arms and ammunitions.Article 17: If the organizational activities of a group give rise to the violations mentioned inArticle 16, then the Commission can act according to thefollowing details, as the case may be:1- Written reminder.2- Notice.3- Seizure and cancellation of license.4- Request its dissolution from the court.Article 6: Groups are free to engage in activities, provided they do not violate the rulesmentioned in Article 16 of this Law.Note 1: All groups are required to inform the Ministry of the Interior about their platform,doctrine and articles of association as well as their succeedingchanges.Note 2: It is free to hold marches or assemblies in public parks and squares without carryingarms, having obtained authorization from the Ministry of theInterior in advance provided that, at the discretion of the Article 10 Commission, it does notdisturb the foundations of Islam.Article 7: All members of the dissolved SAVAK (former shahs intelligence service),Freemasons, and those who, during the time interval between Aug. 19,1952 and Feb. 11, 1979, held ministerial posts or were members of the Senate or the NationalConsultative Assembly, organizers of the former regime and Rastakhiz Party and those who wereor are being, deprived of social rights by virtue of verdicts of courts and Islamic criteria, arebarred from establishing political parties and societies or taking part in their leadership board andpresidium.Article 2: The founders of the group (founding board) are real persons who possess the followingconditions:A- Absence of adverse records as contained in Article 7 of the Parties LawB- Having a minimum of 25 (full) years.C- Being bound to the Constitution of the Islamic Republic of Iran.D- Iranian citizenship.E- Not having bad penal record and not being deprived of social rights.Article 40: The articles of association of the society of religious minorities must, in addition tothe conditions stipulated in Note 3, Article 3 of the ExecutiveRegulations of the Parties Law, contain the following points:A- Relations between the society and other religious minorities.B- Relations between the society and other political groups and parties of the country.C- Relations between the society and co-religious people in other countries.D- Relations between the society and foreign co-religious individuals residing in Iran.Foundation for Democratic Advancement Page | 27
  • 28. E- Relations between the society and Iranian co-religious individuals residing abroad.Islamic Penal Code:Article 513- Anyone who insults the Islamic sanctities or any of the imams or her excellencySadigheh Tahereh should be executed if his insult equals to speaking disparagingly of ProphetMuhammad. Otherwise, should be imprisoned from one to five years.Article 514- Anyone who somehow insults the founder of Islamic Republic of Iran – Khomeini,or the SupremeLeader of the country should be sentenced to imprisonment from six months to two years.Article 515- Anyone who attempts at lives of the Spiritual Leader or any of the leaders of thethree branches of the government should be sentenced to imprisonment from three to ten years.Chapter 15- Personal InsultsArticle 608- Insulting, such as swearing, or using profane language, if not punished based on thehaad of malicious accusations, should be punished by flogging up to 74 lashes or a fine of50,000 to 1,000,000 Ryal.Article 609- Anyone who insults any of the leaders of the three branches of the government, orpresidential deputies, or ministers, or any of the members of the parliament, or any of the staff ofthe ministries, or any other state employees, while they are at duty, should be punished byimprisonment from three to six months or flogging (74 lashes) or a fine of 50,000 to 1,000,000Ryal.Chapter 18- Offenses against Public MoralArticle 639 – The following people should be imprisoned from one to ten years, and in the caseof category (a) the property should be confiscated according to decision of the court.a) anyone who manages a property where activities against public moral take place;b) anyone who encourages people to violate public moral;Article 640 – The following people should be imprisoned from three months to one year and paya fine of 1,500,000 to 6,000,000, and also be flogged up to 74 lashes, or any of thesepunishments.c) anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper,movie, or anyother thing that violates public morals;d) anyone who is included in the circulation of the above items;Page 10 of 10Chapter 27- Libels and RevilementsArticle 697- Anyone who through any printed press or any other media falsely accuses some oneof an offense or crime should be sentenced to imprisonment from one month to one year orFoundation for Democratic Advancement Page | 28
  • 29. flogging up to 74 lashes (unless the punishment is specified in haads).Article 698 – Anyone who in order to hurt some one else or to disturb public mentality or theofficials publishes false information in the form of letter, or complaint, or report, or any otherpress, should be imprisoned from two months to two years or be flogged 74 lashes.Article 700 – Anyone who publicizes satiristis materials should be imprisoned from one to sixmonths.Election Act:Article 2:The number of Islamic Consultative Assembly members shall be 290 persons and its increaseshall be subject to Article 64 of the Constitution.Note: 5 of 290 members of the Parliament are the deputies of religious minorities, as below:Zoroastrians and Jews each one member, one member for Assyrian and Caldean Christians, Onemember for each Armenian Christians of north and south.Article 28:The candidates shall hold the following particulars when they are nominated: 1. Believing and practically binding to the Islamic Republic of Iran 2. Iranian Nationality Binding to the Constitutions and Absolute Religious Guardianship 3. Holding at least Associate Degree of its equivalent 4. Having no bad reputation in the elections station 5. Physical Health at the extent of being able to see, hear and speak 6. At least aged 30 and at most aged 75 7. Note 1: The religious minorities candidates are not obliged to believe in Islam (item 1) but their own religion.Article 30:The followings are deprived from the Membership of Islamic Consultative Assembly: 1. 1- Those who have played a great role in stabilization or the former regime. 2. Landholders who have registered wastelands under their own titles 3. Organizations and groups whose illegibility has been declared by the competent authorities. 4. The convicted opponents of Islamic Republic of Iran 5. Those who have convicted to apostasy by the competent judiciary courts 6. Reputable for corruption and notorious for debauchery 7. Convicted persons to the religious penance, unless their repentance has been proved. 8. Smugglers of narcotic drugs and addicted persons 9. Interdicted persons and those who are subject to the Article 49 of the Constitutions, as per the judgment of courtFoundation for Democratic Advancement Page | 29
  • 30. 10. Former regime attaché including the members of city societies and freemasonry caucus attaché and members of directors boards of Rastakhiz and Iran Novin factions as well as their active members, the members of senate parliaments, National Council and Savak members. 11. Persons convicted of fraud , treachery, embezzlement, receiving bribe, usurpation of others assets or properties and financial misuse by the competent judiciary court.Chapter 6 – Campaigning:Article 56:Campaigning activity of candidates shall start 8 days before election (first and second phases)and shall discontinue 24 hours before the start of the election.Article 57:Using any placard, tract, wall writing and propaganda shows as well as mobile speakers outsidethe speaking hall and the like except photos at most in two forms, speech materials, questionsand reply from the side of election candidates and their fans, is not allowed. The violators shallbe sentenced to 3 to 30 days imprisonment.Note: Commenting of political characters in approving the candidates is permissible providedwithout specifying the title and liability of them and the relevant document signed by them hasbeen submitted to the executive board of election.Article 58:Nobody has right to remove and destroy the campaign posters within the legal time and suchaction shall be deemed as offence.Article 59:Any campaign activity, after official announcement of nominees, through media, Friday prayrostrum or any other means, which are official and governmental, activity of employees duringworking hours and also using other means of ministries, offices, public companies and institutesaffiliated to the government, municipality and other organizations which use public budget (toany extent) and also providing such means and facilities are forbidden and shall be considered asoffence.Note 1:The institutes and organizations the assets of which are from public properties, such asMostazafan foundation are subject to this Article.Note 2:The publications and press belonging to organizations, ministries, offices and institutesFoundation for Democratic Advancement Page | 30
  • 31. mentioned in this article, shall have not the right to propagandize for election nominees even bypublication of notice.Article 65:The candidates and their fans are not allowed to campaign against other candidates.They can only express their eligibilities and any disrespect towards nominees in public isforbidden and the offenders shall be punished.Electoral Fairness Audit Results for Equality of Candidates and Parties:Score:The FDA electoral fairness audit team reached consensus on a score of 0/10.Rational for Score:Political content must conform to Islam and the Iranian constitution.The establishment and activity of political parties are limited by Iranian laws.Political parties and their members must conform to the Islamic Republic of Iran and itsconstitution.Members of political parties must conform to Islam and the Supreme leader by accepting theIranian Constitution.Guardian Council authorizes the nomination of political candidates.Islamic Consultative Assembly determines the six jurists on the Guardian Council. The GuardianCouncil determines whether or not legislation from the Consultative Assembly will become laws.Islam and the Iranian Constitution guide the Guardian Council.Political content of public and private TV and Radio must conform to Islam and be in the bestinterest of the country. The state through the Radio and Television of the Islamic Republic of Irandetermines what is in the best interest of Iran and whether or not a TV or Radio’s content isconsistent with Islam.Zoroastrians, Jews, Assyrian, Chaldean Christians, and Armenian Christians are entitled to onerepresentative each in the 290 seat Islamic Consultative Assembly.Iranian citizens are subject to the following penalties for false information, acting contrary toIslam, slander, violation of public morals, etc., up to 5 years in prison, 75 lashes, up to 6,000,000Riyal ($566.00 USD) in fines, and execution for directly insulting Prophet Muhammad.The president must be Iranian origin; Iranian nationality; administrative capacity andFoundation for Democratic Advancement Page | 31
  • 32. resourcefulness; a good past-record; trustworthiness and piety; convinced belief in thefundamental principles of the Islamic Republic of Iran and the official madhhab of the countryPolitical parties must conform to the principles and goals of the Islamic republic, and not act inanyway against the Islamic republic.The state regulates public marches and assemblies.All members of the dissolved SAVAK (former shahs intelligence service), Freemasons, andthose who, during the time interval between Aug. 19, 1952 and Feb. 11, 1979, held ministerialposts or were members of the Senate or the National Consultative Assembly, organizers of theformer regime and Rastakhiz Party and those who were or are being, deprived of social rights byvirtue of verdicts of courts and Islamic criteria, are barred from establishing political parties andsocieties or taking part in their leadership board and presidium.Founders of groups including political parties must not have adverse record according to theParty Law or a bad penal record and not be deprived of social rights.Campaigning restricted to 8 days before election and campaigning must stop 24 hours beforeElection Day.Candidate and supporters are not allowed to campaign against other candidates.Campaigning through government media is forbidden.The score of 0 percent means that Iranian legislation of candidate and party influence iscompletely unfair. FDA auditors could not find any overall fairness in the Iranians laws andregulations on candidate and party influence. The Iranian political system is completely biased tothe candidates and parties who conform to the Islam and the Islamic Republic of Iran. Evenelections periods are limited to a mere eight days. The token five seats in the ConsultativeAssembly for minority religious groups are canceled out by the seats insignificance inconsideration of the 290 total seats in the Iranian Assembly and restrictions on political content.Foundation for Democratic Advancement Page | 32
  • 33. Chapter Three: Electoral FinanceChapter three will focus on the research and audit results of Iranian laws and regulations withrespect to the equality and fairness of Iranian electoral finance laws and regulations.Executive Summary: Iran received a score of 0 percent for electoral finance. The score meansthat Iranian finance laws are completely unfair. The FDA researchers could not find any Iranianlegislation which regulates electoral finances. However, FDA auditors concluded that the due tothe extreme state control over political content, and political parties and candidates, unlimitedelectoral spending is canceled out. Unrestricted electoral spending means nothing if candidatesand parties are restricted severely in their expression.Research Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Article 4: Parties and their members should be obligate to Islamic Republic of Iran and itsconstitution.Article 28: Members should be : 1- obligate theoretically and practically to Islam 2- Obligate toSupreme leader (Vali-e Faghih) 3- accepting constitution 4- well known 5- they should bemember of one party.Article 29: Income of party will prepare by remembrance fee, people donations and other legalincomes.Article 32: If a party cancel, all assets of party will transfer to the supreme leader.Organizations that held election1-The Ministry of Interior is responsible for performing, supervising, and reporting elections.2-Guardian Council has complete authority for accepting or rejecting nominees. This actionended the reformist movement after 2003-2005 presidential and parliamentary election.Iranian Constitution:Article 26The formation of parties, societies, political or professional associations, as well as religioussocieties, whether Islamic or pertaining to one of the recognized religious minorities, is permittedprovided they do not violate the principles of independence, freedom, national unity, the criteriaof Islam, or the basis of the Islamic republic. No one may be prevented from participating in theaforementioned groups, or be compelled to participate in them.Article 62The Islamic consultative Assembly is constituted by the representatives of the people electedFoundation for Democratic Advancement Page | 33
  • 34. directly and by secret ballot. The qualifications of voters and candidates, as well as the nature ofelection, will be specified by law.Article 64There are to be two hundred seventy members of the Islamic Consultative Assembly which,keeping in view the human, political, geographic and other similar factors, may increase by notmore than twenty for each ten-year period from the date of the national referendum of the year1368 of the solar Islamic calendar. The Zoroastrians and Jews will each elect one representative;Assyrian and Chaldean Christians will jointly elect one representative; and Armenian Christiansin the north and those in the south of the country will each elect one representative. The limits ofthe election constituencies and the number of representatives will be deter-mined by law.Article 115The President must be elected from among religious and political personalities possessing thefollowing qualifications: Iranian origin; Iranian nationality; administrative capacity andresourcefulness; a good past-record; trustworthiness and piety; convinced belief in thefundamental principles of the Islamic Republic of Iran and the official madhhab of the country.Party Law:Article 1: Political parties, associations, societies and organizations, and such like, areorganizations which have articles of association andwhich have been established by real persons believing in certain essential policies and ideals andwhose objectives, behaviors and programs aresomehow related to the administration of the state and general policies of the Islamic Republic ofIran.Article 16: The groups covered by this law should refrain from the following cases and mattersin their publications, assemblies and other activities:A- Committing acts which may violate independence of the state.B- Any kinds of contacts, exchange of information and collusion with embassies, legations,government organs and parties of foreign countries, at any leveland in any form, which may be harmful and injurious to freedom, independence and nationalunity and interests of the Islamic Republic of Iran.C- Receiving any kind of financial and logistical assistance from foreigners.D- Violation of legitimate freedom of others.E- Resorting to accusations, slander and rumor mongering.F- Violation of national unity and perpetration of some acts such as planning todisintegrate the country.G- Making efforts to create and intensify the division within ranks of the nation, usingvarious cultural, religious and racial grounds existing in the society ofIran.H- Violating Islamic standards and the basis of the Islamic Republic.I- Anti-Islamic propaganda and publication of seditious books and literature.J- Hiding, keeping and carrying unauthorized arms and ammunitions.Foundation for Democratic Advancement Page | 34
  • 35. Article 17: If the organizational activities of a group give rise to the violations mentioned inArticle 16, then the Commission can act according to thefollowing details, as the case may be:1- Written reminder.2- Notice.3- Seizure and cancellation of license.4- Request its dissolution from the court.Article 6: Groups are free to engage in activities, provided they do not violate the rulesmentioned in Article 16 of this Law.Note 1: All groups are required to inform the Ministry of the Interior about their platform,doctrine and articles of association as well as their succeedingchanges.Note 2: It is free to hold marches or assemblies in public parks and squares without carryingarms, having obtained authorization from the Ministry of theInterior in advance provided that, at the discretion of the Article 10 Commission, it does notdisturb the foundations of Islam.Article 7: All members of the dissolved SAVAK (former shahs intelligence service),Freemasons, and those who, during the time interval between Aug. 19,1952 and Feb. 11, 1979, held ministerial posts or were members of the Senate or the NationalConsultative Assembly, organizers of the former regime and Rastakhiz Party and those who wereor are being, deprived of social rights by virtue of verdicts of courts and Islamic criteria, arebarred from establishing political parties and societies or taking part in their leadership board andpresidium.Article 2: The founders of the group (founding board) are real persons who possess the followingconditions:A- Absence of adverse records as contained in Article 7 of the Parties LawB- Having a minimum of 25 (full) years.C- Being bound to the Constitution of the Islamic Republic of Iran.D- Iranian citizenship.E- Not having bad penal record and not being deprived of social rights.Article 40: The articles of association of the society of religious minorities must, in addition tothe conditions stipulated in Note 3, Article 3 of the ExecutiveRegulations of the Parties Law, contain the following points:A- Relations between the society and other religious minorities.B- Relations between the society and other political groups and parties of the country.C- Relations between the society and co-religious people in other countries.D- Relations between the society and foreign co-religious individuals residing in Iran.E- Relations between the society and Iranian co-religious individuals residing abroad.Foundation for Democratic Advancement Page | 35
  • 36. Islamic Penal Code:Article 513- Anyone who insults the Islamic sanctities or any of the imams or her excellencySadigheh Tahereh should be executed if his insult equals to speaking disparagingly of ProphetMuhammad. Otherwise, should be imprisoned from one to five years.Article 514- Anyone who somehow insults the founder of Islamic Republic of Iran – Khomeini,or the SupremeLeader of the country should be sentenced to imprisonment from six months to two years.Article 515- Anyone who attempts at lives of the Spiritual Leader or any of the leaders of thethree branches of the government should be sentenced to imprisonment from three to ten years.Chapter 15- Personal InsultsArticle 608- Insulting, such as swearing, or using profane language, if not punished based on thehaad of malicious accusations, should be punished by flogging up to 74 lashes or a fine of50,000 to 1,000,000 Ryal.Article 609- Anyone who insults any of the leaders of the three branches of the government, orpresidential deputies, or ministers, or any of the members of the parliament, or any of the staff ofthe ministries, or any other state employees, while they are at duty, should be punished byimprisonment from three to six months or flogging (74 lashes) or a fine of 50,000 to 1,000,000Ryal.Chapter 18- Offenses against Public MoralArticle 639 – The following people should be imprisoned from one to ten years, and in the caseof category (a) the property should be confiscated according to decision of the court.a) anyone who manages a property where activities against public moral take place;b) anyone who encourages people to violate public moral;Article 640 – The following people should be imprisoned from three months to one year and paya fine of 1,500,000 to 6,000,000, and also be flogged up to 74 lashes, or any of thesepunishments.c) anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper,movie, or anyother thing that violates public morals;d) anyone who is included in the circulation of the above items;Page 10 of 10Chapter 27- Libels and RevilementsArticle 697- Anyone who through any printed press or any other media falsely accuses some oneof an offense or crime should be sentenced to imprisonment from one month to one year orflogging up to 74 lashes (unless the punishment is specified in haads).Article 698 – Anyone who in order to hurt some one else or to disturb public mentality or theFoundation for Democratic Advancement Page | 36
  • 37. officials publishes false information in the form of letter, or complaint, or report, or any otherpress, should be imprisoned from two months to two years or be flogged 74 lashes.Article 700 – Anyone who publicizes satiristis materials should be imprisoned from one to sixmonths.Election Act:Article 2:The number of Islamic Consultative Assembly members shall be 290 persons and its increaseshall be subject to Article 64 of the Constitution.Note: 5 of 290 members of the Parliament are the deputies of religious minorities, as below:Zoroastrians and Jews each one member, one member for Assyrian and Caldean Christians, Onemember for each Armenian Christians of north and south.Article 28:The candidates shall hold the following particulars when they are nominated: 8. Believing and practically binding to the Islamic Republic of Iran 9. Iranian Nationality Binding to the Constitutions and Absolute Religious Guardianship 10. Holding at least Associate Degree of its equivalent 11. Having no bad reputation in the elections station 12. Physical Health at the extent of being able to see, hear and speak 13. At least aged 30 and at most aged 75 14. Note 1: The religious minorities candidates are not obliged to believe in Islam (item 1) but their own religion.Article 30:The followings are deprived from the Membership of Islamic Consultative Assembly: 12. 1- Those who have played a great role in stabilization or the former regime. 13. Landholders who have registered wastelands under their own titles 14. Organizations and groups whose illegibility has been declared by the competent authorities. 15. The convicted opponents of Islamic Republic of Iran 16. Those who have convicted to apostasy by the competent judiciary courts 17. Reputable for corruption and notorious for debauchery 18. Convicted persons to the religious penance, unless their repentance has been proved. 19. Smugglers of narcotic drugs and addicted persons 20. Interdicted persons and those who are subject to the Article 49 of the Constitutions, as per the judgment of court 21. Former regime attaché including the members of city societies and freemasonry caucus attaché and members of directors boards of Rastakhiz and Iran Novin factions as well asFoundation for Democratic Advancement Page | 37
  • 38. their active members, the members of senate parliaments, National Council and Savak members. 22. Persons convicted of fraud , treachery, embezzlement, receiving bribe, usurpation of others assets or properties and financial misuse by the competent judiciary court.Chapter 6 – Campaigning:Article 56:Campaigning activity of candidates shall start 8 days before election (first and second phases)and shall discontinue 24 hours before the start of the election.Article 57:Using any placard, tract, wall writing and propaganda shows as well as mobile speakers outsidethe speaking hall and the like except photos at most in two forms, speech materials, questionsand reply from the side of election candidates and their fans, is not allowed. The violators shallbe sentenced to 3 to 30 days imprisonment.Note: Commenting of political characters in approving the candidates is permissible providedwithout specifying the title and liability of them and the relevant document signed by them hasbeen submitted to the executive board of election.Article 58:Nobody has right to remove and destroy the campaign posters within the legal time and suchaction shall be deemed as offence.Article 59:Any campaign activity, after official announcement of nominees, through media, Friday prayrostrum or any other means, which are official and governmental, activity of employees duringworking hours and also using other means of ministries, offices, public companies and institutesaffiliated to the government, municipality and other organizations which use public budget (toany extent) and also providing such means and facilities are forbidden and shall be considered asoffence.Note 1:The institutes and organizations the assets of which are from public properties, such asMostazafan foundation are subject to this Article.Note 2:The publications and press belonging to organizations, ministries, offices and institutesmentioned in this article, shall have not the right to propagandize for election nominees even bypublication of notice.Foundation for Democratic Advancement Page | 38
  • 39. Article 65:The candidates and their fans are not allowed to campaign against other candidates.They can only express their eligibilities and any disrespect towards nominees in public isforbidden and the offenders shall be punished.Electoral Fairness Audit Results for Iranian Election Finance:Score:The FDA electoral fairness audit team reached consensus on a score of 0/10.Rational for Score:The FDA found no laws and regulations on electoral finance.Candidates and parties have no electoral spending limits.Citizens and legal entities have no donation and electoral spending limits.Political content must conform to Islam and the Iranian constitution.Political parties must conform to Islam and the Iranian constitution.Iranian citizens are subject to the following penalties for false information, acting contrary toIslam, slander, violation of public morals, etc., up to 5 years in prison, 75 lashes, up to 6,000,000Riyal ($566.00 USD) in fines, and execution for directly insulting Prophet Muhammad.The score of 0 percent for electoral finance means that Irans electoral finance laws arecompletely unfair. Since Iran has no electoral finance laws, there is unlimited electoral spendingand donations. However, the states severe restrictions on political content and political partiesand candidates, cancels out the lack of finance restrictions. Electoral spending means nothing if aparty for example cannot express itself.Foundation for Democratic Advancement Page | 39
  • 40. Chapter Four: Voter SayChapter four will focus on the research and audit results of Iranian laws and regulations withrespect to the equality of voter say laws and regulations before, during and after an election.Executive Summary: Iran received a score of 0 percent for fairness of voter say. The scoremeans that Iranian legislation on voter say is completely unfair. Iranian voters must conform toIslam and Islamic Republic of Iran. The state controls and monitors marchers, public gatherings,assemblies, and religious societies. Political content and political parties and candidates mustconform to the Islamic Republic of Iran and its constitution. Iranian voters who oppose the stateare restricted severely and may face imprisonment up to five years and even the death penalty.Research Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Iranian Constitution:Article 19All people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights;and color, race, language, and the like, do not bestow any privilege.Article 20All citizens of the country, both men and women, equally enjoy the protection of the law andenjoy all human, political, economic, social, and cultural rights, in conformity with Islamiccriteria.Article 26The formation of parties, societies, political or professional associations, as well as religioussocieties, whether Islamic or pertaining to one of the recognized religious minorities, is permittedprovided they do not violate the principles of independence, freedom, national unity, the criteriaof Islam, or the basis of the Islamic republic. No one may be prevented from participating in theaforementioned groups, or be compelled to participate in them.Article 27Public gatherings and marches may be freely held, provided arms are not carried and that theyare not detrimental to the fundamental principles of Islam.Foundation for Democratic Advancement Page | 40
  • 41. Party Law:Article 1: Political parties, associations, societies and organizations, and such like, areorganizations which have articles of association and which have been established by real personsbelieving in certain essential policies and ideals and whose objectives, behaviors and programsare somehow related to the administration of the state and general policies of the IslamicRepublic of Iran.Article 16: The groups covered by this law should refrain from the following cases and mattersin their publications, assemblies and other activities:A- Committing acts which may violate independence of the state.B- Any kinds of contacts, exchange of information and collusion with embassies, legations,government organs and parties of foreign countries, at any leveland in any form, which may be harmful and injurious to freedom, independence and nationalunity and interests of the Islamic Republic of Iran.C- Receiving any kind of financial and logistical assistance from foreigners.D- Violation of legitimate freedom of others.E- Resorting to accusations, slander and rumor mongering.F- Violation of national unity and perpetration of some acts such as planning todisintegrate the country.G- Making efforts to create and intensify the division within ranks of the nation, usingvarious cultural, religious and racial grounds existing in the society ofIran.H- Violating Islamic standards and the basis of the Islamic Republic.I- Anti-Islamic propaganda and publication of seditious books and literature.J- Hiding, keeping and carrying unauthorized arms and ammunitions.Article 17: If the organizational activities of a group give rise to the violations mentioned inArticle 16, then the Commission can act according to thefollowing details, as the case may be:1- Written reminder.2- Notice.3- Seizure and cancellation of license.4- Request its dissolution from the court.Article 6: Groups are free to engage in activities, provided they do not violate the rulesmentioned in Article 16 of this Law.Note 1: All groups are required to inform the Ministry of the Interior about their platform,doctrine and articles of association as well as their succeedingchanges.Note 2: It is free to hold marches or assemblies in public parks and squares without carryingarms, having obtained authorization from the Ministry of theInterior in advance provided that, at the discretion of the Article 10 Commission, it does notdisturb the foundations of Islam.Foundation for Democratic Advancement Page | 41
  • 42. Article 31: For organizing marches or forming assemblies and gatherings the group isrequired to submit an undertaking to the Ministry of the Interior that itwould not carry arms and would not disturb the basis of Islam and security.Article 40: The articles of association of the society of religious minorities must, in addition tothe conditions stipulated in Note 3, Article 3 of the ExecutiveRegulations of the Parties Law, contain the following points:A- Relations between the society and other religious minorities.B- Relations between the society and other political groups and parties of the country.C- Relations between the society and co-religious people in other countries.D- Relations between the society and foreign co-religious individuals residing in Iran.E- Relations between the society and Iranian co-religious individuals residing abroad.Islamic Penal Code:Article 513- Anyone who insults the Islamic sanctities or any of the imams or her excellencySadigheh Tahereh should be executed if his insult equals to speaking disparagingly of ProphetMuhammad. Otherwise, should be imprisoned from one to five years.Article 514- Anyone who somehow insults the founder of Islamic Republic of Iran – Khomeini,or the SupremeLeader of the country should be sentenced to imprisonment from six months to two years.Article 515- Anyone who attempts at lives of the Spiritual Leader or any of the leaders of thethree branches of the government should be sentenced to imprisonment from three to ten years.Chapter 15- Personal InsultsArticle 608- Insulting, such as swearing, or using profane language, if not punished based on thehaad of malicious accusations, should be punished by flogging up to 74 lashes or a fine of50,000 to 1,000,000 Ryal.Article 609- Anyone who insults any of the leaders of the three branches of the government, orpresidential deputies, or ministers, or any of the members of the parliament, or any of the staff ofthe ministries, or any other state employees, while they are at duty, should be punished byimprisonment from three to six months or flogging (74 lashes) or a fine of 50,000 to 1,000,000Ryal.Chapter 18- Offenses against Public MoralArticle 639 – The following people should be imprisoned from one to ten years, and in the caseofcategory (a) the property should be confiscated according to decision of the court.a) anyone who manages a property where activities against public moral take place;b) anyone who encourages people to violate public moral;Article 640 – The following people should be imprisoned from three months to one year and payFoundation for Democratic Advancement Page | 42
  • 43. a fine of 1,500,000 to 6,000,000, and also be flogged up to 74 lashes, or any of thesepunishments.c) anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper,movie, or anyother thing that violates public morals;d) anyone who is included in the circulation of the above items;Page 10 of 10Chapter 27- Libels and RevilementsArticle 697- Anyone who through any printed press or any other media falsely accuses some oneof an offense or crime should be sentenced to imprisonment from one month to one year orflogging up to 74 lashes (unless the punishment is specified in haads).Article 698 – Anyone who in order to hurt some one else or to disturb public mentality or theofficials publishes false information in the form of letter, or complaint, or report, or any otherpress, should be imprisoned from two months to two years or be flogged 74 lashes.Article 700 – Anyone who publicizes satiristis materials should be imprisoned from one to sixmonths.Election Act:Note 1: Polling votes in jails, garrisons and hospitals shall be carried out only by the presentationof birth certificate.Article 28:The candidates shall hold the following particulars when they are nominated: 15. Believing and practically binding to the Islamic Republic of Iran 16. Iranian Nationality 17. Binding to the Constitutions and Absolute Religious Guardianship 18. Holding at least Associate Degree of its equivalent 19. Having no bad reputation in the elections station 20. Physical Health at the extent of being able to see, hear and speak 21. At least aged 30 and at most aged 75Note 1: The religious minorities candidates are not obliged to believe in Islam (item 1) but theirown religion.Article 61:Sticking of notice, photo, poster and any propaganda on the signs of traffic control signs ofhospitals, schools and other educational institutes and also the signs erected in public streets bythe government sector and the affiliates of the government and post boxes, telephone booth,power and telephone panels, panels and real estates of private sector is not allowed unless bypermission of the owners. The offenders shall be prosecuted by the police officers and shall beFoundation for Democratic Advancement Page | 43
  • 44. handed over to judicial authorities. Governor Generals shall eliminate such papers otherwise itshall be considered as offence.Article 62:Any notice and propaganda shall be removed from the place of polling station before the election.Article 65:The candidates and their fans are not allowed to campaign against other candidates.They can only express their eligibilities and any disrespect towards nominees in public isforbidden and the offenders shall be punished.Electoral Fairness Audit Results for Equality of Voter Say:Score:The FDA electoral fairness audit team reached consensus on a score of 0/10.Rational for Score:Political content must conform to Islam and the Iranian constitution.Political parties, societies, professional associations, religious societies etc. must conform toIslam and the Iranian constitution.Iranian citizens are subject to the following penalties for false information, acting contrary toIslam, slander, violation of public morals, etc., up to 5 years in prison, 75 lashes, up to 6,000,000Riyal ($566.00 USD) in fines, and execution for directly insulting Prophet Muhammad.Marches, public gatherings, and assemblies are regulated by the state and must support Islam.(“not be detrimental to Islam”)Societies of religious minorities are regulated by the state; these societies must state theirpolitical relationships in society etc.Election polls are carried out in prisons, garrisons, and hospitals.Campaign materials such as posters are regulated in the public.Candidate and supporters are not allowed to campaign against other candidates.The score of 0 percent means that Iranian laws and regulations on voter say are completelyunfair. Iranian voters who oppose the Islamic Republic of Iran and its constitution are restrictedseverely in their say. Although the state provides means for Iranians in garrisons and hospitals toFoundation for Democratic Advancement Page | 44
  • 45. vote and some prisoners as well, this fairness is canceled out by the severe restrictions on votersay. Aiding citizens with their cast of votes and allowing unlimited campaign spending meannothing when the political content and political candidate and parties are controlled severely.Foundation for Democratic Advancement Page | 45
  • 46. Chapter Five: Audit ResultsChapter five will set out the FDA’s scores for each of the areas of the Iranian electoral system asset out above.1. Research and audit results for Iranian laws and regulations on the political content of mediaincluding newspapers, broadcasters, online media, before, during, and after elections.0/102. Research and audit results for Iranian Laws and regulations on the equality of candidates andparties influence before, during and after elections.0/103. Research and audit results for Iranian laws and regulations on electoral finance.0/104. Research and audit results for laws and regulations on the equality of voter say before, during,and after an election.0/10Total score: 0/400 percentFoundation for Democratic Advancement Page | 46
  • 47. Chapter Six: AnalysisChapter six will provide a brief analysis of the FDA’s findings.Irans overall score of 0 percent means that the foundation of Irans democracy is completelyunfair. There is no overall element of electoral fairness in Iran.The Iranian government is authoritarian within a theocratic framework.The Iranian people must conform to Islam and the Islamic Republic of Iran and its constitution orface severe penal consequences.Foundation for Democratic Advancement Page | 47
  • 48. Chapter Seven: ConclusionChapter seven will provide a summary of the FDA’s findings.There is no overall element of democracy in Iran. The people of Iran are controlled by the stateand its ideology and goals. The Iranian state is bordering on totalitarian due to extreme controlsover the freedom of the Iranian people and strict enforcement of a severe penal code.In Iran, the will of the Iranian people is replaced with the will of Islam and the Islamic Republicof Iran.Foundation for Democratic Advancement Page | 48
  • 49. Chapter Eight: RecommendationsChapter eight will set out the FDA’s recommendations on how Iran can improve its electoral fairnessscore and thereby its electoral fairness.The Iranian state is founded on Islam. Iranian elections are within an Islamic framework andbiased to the Islamic Republic of Iran and its constitution. The Iranian people are forced toconform to Islam and the Iranian state or face severe penalties. In Iran, the will of the people, theessence of democracy, is replaced by the will of Islam and the Iranian state.Similar to Bahrain and Syria, the Iranian people are challenged by having no means forexpressing their will except in agreement with the Iranian state or in opposition to it.Consequently, the Iranian state is unstable because it is contingent ultimately on control of thepeople rather than being of the people, by the people, and for the people.The FDA is not opposed to the theocratic structure of Iran, if that is the will of the Iranianpeople.The FDA recommends highly that the Iranian state holds a national referendum, withinternational monitors, on the direction of the country: theocratic system or a true democraticsystem.As stated in the FDA Electoral Fairness Reports on Libya and Syria, an authoritarian system isnot necessary to safeguard a country from foreign intervention and interference. A far strongerand more reliable system is true democracy, in which through the unity of the people, a countryis safeguarded in its strongest form against foreign intervention and interference. Moreover,Islam and true democracy are compatible to the extent that the will of the people embraces Islam.Foundation for Democratic Advancement Page | 49
  • 50. AppendixFDA Global Audit Results as of August 2, 2011: FDA Global Electoral Fairness Audit Results Laws and regulations on the equality of political content of the media and broadcasters before, during, and after an election <-- failing range | passing range --> 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Russia Venezuela France Lebanon Azerbaijan Denmark Finland Sweden United States Canada Argentina Tunisia Yemen Bahrain Camerron Egypt Iran Libya Mexico SyriaFoundation for Democratic Advancement Page | 50
  • 51. FDA Global Electoral Fairness Audit Results Laws and regulations on the equality of candidate and political party influence before, during, and after an election <-- failing range | passing range --> 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% France Venezuela Finland Lebanon Sweden United States Azerbaijan Argentina Denmark Russia Canada Mexico Bahrian Cameroon Egypt Iran Libya Syria Tunisia YemenFoundation for Democratic Advancement Page | 51
  • 52. FDA Global Electoral Fairness Audit Results Laws and regulations on the equality of electoral (campaign) finance <-- failing range | passing range --> 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% France Venezuela Finland Argentina Denmark Lebanon Sweden Tunisia Azerbaijan Cameroon Canada Mexico United States Bahrain Egypt Iran Libya Russia Syria YemenFoundation for Democratic Advancement Page | 52
  • 53. FDA Global Electoral Fairness Audit Results Laws and regulations on the equality of voter influence before, during, and after an election <-- failing range | passing range --> 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% France Venezuela Argentina Mexico Canada Denmark Finland United States Sweden Lebanon Russia Azerbaijan Bahrain Cameroon Egypt Iran Libya Syria Tunisia YemenFoundation for Democratic Advancement Page | 53
  • 54. FDA Global Electoral Fairness Audit Results Overall Electoral Fairness Audit Scores <--failing range|passing range --> 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% France Venezuela Finland Lebanon Denmark Russia Sweden Argentina United States Canada Azerbaijan Mexico Tunisia Cameroon Yemen Bahrain Egypt Iran Libya SyriaFoundation for Democratic Advancement Page | 54

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