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THE SENTENCING OF Bernard Phelan to 6.5 years in an Iranian jail on charges of ‘providing information to an enemy country’ has naturally come as a great worry to his family and close friends. The 64-year-old has already spent over 170 days locked up. His case is undoubtedly also cause for concern within the Irish Government.
Phelan’s arrest, detention and sentencing are typical of many foreign nationals in Iran, where the regime has used them as bargaining chips with respective governments.
It’s a business model that has served Tehran well since 1979, both domestically and by proxy in Lebanon during the 1980s. It comes at a time when the Iranian regime continues to oppress the nationwide protest movement.
The large-scale anti-government demonstrations by the Iranian diaspora throughout Europe and beyond highlight a unified and determined stance against vicious oppression.
Earlier this year, European Commission President Ursula von der Leyen backed listing the Iranian Revolutionary Guards (IRGC) as a terrorist organisation in a response to the “trampling of fundamental human rights”. Interestingly, the EU remains on the sidelines with a suspicion that proscription of the IRGC would kill off the small chance of reviving the Iran nuclear deal.
One of the most significant roles allocated to Ireland on the Security Council over the past two years was the facilitator of Resolution 2231, which underpins the Iranian nuclear deal, the JCPOA. Relations between Ireland and Iran appear stronger than many of our European neighbours. The leadership and experience displayed by Ireland in the recent two-year term of the UNSC are invaluable when understanding the mindset of the leadership in Iran.
With that in mind, there are areas in which Ireland could influence the EU and utilise relevant diplomatic channels for positive change:
i) Involve Iranian civil society in sanctions influencing and harm assessment processes
Because of the intensity of the current set of sanctions, Iranians abroad cannot send money back home. In addition, Iranian students studying abroad struggle as their parents cannot transfer their tuition fees. Some within the diaspora have developed a system whereby they send funds to the students, and their respective families channel money to the wider family in Iran.
With the constant devaluation of the Iranian rial and the inability to transfer money in or out of the country, the impact of sanctions on ordinary civilians is colossal.
Whilst ensuring a ‘do no harm’ approach, those leading on sanctions must have the complete picture. Targeted sanctions against individuals, particularly on regime members’ families overseas, can have a more desired effect. The international community should engage with civil society in Iran and develop a grassroots approach.
A recent proposal from US lawmakers will now target not only Iranian officials but their family members overseas. The Regime Act revokes any visas issued to family members of IRGC, the supreme leader’s office, and state security. This initiative by the US government follows from the targeted sanctions introduced to some members of the political elite in Lebanon. The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned the son-in-law of former Lebanese President Michel Aoun, for his role in corruption in Lebanon, (E.O. 13818), which builds upon and implements the Global Magnitsky Human Rights Accountability Act, targets corruption and serious human rights abuse around the world.
ii) Bolster the internet
Iran’s population of 84 million people relies hugely on the internet for uncensored news. The General Staff of the Armed Forces of Iran controls the internet. In 2019, it blocked the entire internet for a lengthy period.
Earlier this year the regime ran a cyberspace protection act with restrictions completely blocking access to all websites excluding those hosted in Iran. Social media platforms, such as Twitter, Facebook, WhatsApp and YouTube, all remain blocked. The US government issued licence D-2 sanctions relief for American internet companies to help the Iranian people. To help Iranians circumvent internet restrictions imposed by the regime, the US has allowed Elon Musk to provide ‘Starlink’ satellite internet receivers. These have been carried in illegally over borders and provide some hope.
Up to 800 terminals are believed to be in use across Iran. In order to create a shadow web, experts estimate 5,000 units are required.
The EU has been playing its part too. Restrictive measures now apply to 164 individuals and 31 entities. They consist of an asset freeze, a travel ban to the bloc, and a prohibition to make economic resources available to those listed. A ban on exports to Iran of hardware, which might be used for internal repression, and of equipment for monitoring telecommunications, is also in place. Deployment of high technology is critical, as is the continuation of the D-2 sanctions relief by the US.
iii) Role of International organisations
Despite the limited information coming out of Iran, the media and international organisations, including international NGOs, must utilise their constituencies, ensuring a far greater level of advocacy than what we have seen to date.
The protest’s initial slogan ‘woman, life, freedom’ started as a response to the killing of Masha Amini, but now Iranians want freedom, a secular democracy, and an end to the Islamic Republic.
Horrific atrocities have been reported in recent months – many of them targeting girls in school. International organisations with rights based approaches, must support the bravery of those risking their lives on the streets of Izeh, Arak, and Ishfahan.
In the past, the international community’s direct interference in Iranian affairs has often been counterproductive. There would appear to be a fine balance between supporting the Iranian people and confronting a brutish regime. As a nation, we have the capability and maturity to make the correct calls. Irish influence in Brussels, combined with our recent experience on the UNSC, allows Ireland to help shape a safer future for the Iranian people.
As the protests appear to have died down for now, the Irish Government must stand in solidarity with ordinary Iranians and rule out any plan of reopening a full-time residential embassy in Tehran. This will need to be balanced with the fact that an innocent Irish national, in failing health, faces a lengthy prison term.
Colin Lee has lived and worked in Beirut for 14 years, 2007 – 2021 as a Humanitarian Director covering the Middle East region with programmes impacted by sanctions.
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We can’t police our streets as it is at the moment. How on earth are they going to police public transport? We need an American style type of policing, three strikes and you’re done. We also need our judiciary system to up their game and hand down harder penalties and to stick to them. That way our streets and transport will be more safer.
@Brian k.: the jails are full and they haven’t opened a new one since 1989. No point in increasing police numbers until that is sorted.
@Brian k.: We absolutely do NOT need the American model of anything, especially policing. It’s been shown time and time and time again to be biased and ineffective. All it does is increase the numbers of disadvantaged people in the prison-industrial complex, which is exactly what it’s supposed to do. Updated slavery by another name. We’re better than that
@Brian k.: three strikes is proven not to be a deterrent and is proven to increase violence among offenders. It doesn’t work.
@Paul C: We have to start somewhere. Currently we have repeat offenders with 100+ convictions and no sign of them reforming.
@John Fahy: The midlands prison opened in 2000. I agree with your point that more prison space is urgently needed.
@John Fahy: start executing some of the serial offenders with 500 previous convictions would soon clear out the prisons. No loss to society.
@Brian k.: What’s your goal, to punish those who commit crime or reduce crime overall? If it’s the latter, the US model has shown harsher sentences and prison conditions don’t achieve this
@Brian k.: American style policing, what just shoot everybody who you perceive as a threat. Believe you me American style policing is the last thing we need in this country.
@Brian k.: imagine a public transport police somewhere in another Eu country. Crazy how Ireland is being crazily mismanaged by the government and how baffling how there is absolutely 0 accountability for it.
@Brian k.: are you going to pay the massive tax hike to facilitate the building of more prisons, courts, and hiring of more staff at every level of the justice system to facilitate this? America is more dangerous than it’s ever been and mass incarceration is not a deterrent.
@John Fahy: exactly, and worse part is that over 20million Euro was spent buying a site for a prison and it’s costing thousands more to secure it now and not a block or foundation dug..
@John Fahy: That’s correct. We need a lot more prisons to be built.
@Dave G Doe: very good point!
@John Fahy: Helen mcentee was looking at potential a few years ago. Nothing happened, no surprise there then.
@Paul C: Woke people believe that if they say something, then it is so!
Only one way for the Government to take back control of our streets and that is to hit offenders where it hurts.
Take away their freedom and hit them in the pocket by making deductions from bank accounts or social welfare payments to ensure that fines are paid.
Start by sacking every judges in the country. Most of them haven’t a clue. Giving out suspended sentences for paedophiles like it’s no bother at all
@reg morrisey:
Judge Nolan should be up the first one there.
If they were serious about tackling crime and marking those responsible accountable then hit offenders in the pocket. Increase court fines and take it from their dole (yes most offenders do not work!) and not in lots of small instalments. If they’re fined €500, take €50 a week for 10 weeks. If teenage thugs under 18 are convicted, take it from their parents children’s allowance. Nothing else works, there are no prison places and community service etc doesn’t work. Mandatory fines taken from your pay for dole will make many of them think twice before committing crimes.
Once they keep the Luas Green for members of better stock and no North or West Side Skangers on it.
Eight thousand soldiers sitting on their holes, why not use them, the French do
Like everything in Ireland I don’t think any of the 4 .5 % reduction will be seen by the consumer…
Ah I see the usual sock puppets are heavily active on this thread cheering each other on with their usual hang’em high cow feces
How about we focus on actually sentencing people properly first? There’s no point hiring “transport police” when we can’t even police the main streets in the city centre. Even if we did hire these “transport release”, unless we fix our sentencing laws it’s still just going to be more catch and release for the criminals. There is no reason why the Dáil can’t pass a bill which mandates that the government has to build at least 5 new prisons in the next 10 years on state-owned land. We also need to introduce mandatory minimums for all crimes and make sure that a life sentence means exactly that – a life sentence. You’re not released after 18 years and no chance of getting early parole. We also need a three-strikes rule with a minimum 25 year sentence for those who break it.
Lol! So a new ‘Dublin’ police force then?
The NTA and TFI are not fit for purpose, bring back the carriage office and let them police all public transport services including taxis, the amount of illegal/undocumented taxis on the road is unbelievable
Gardai can’t cope with current level of antisocial behaviour. Judicial system is broken with repeat offenders having no incentive to desist.
Now a new type of garda with different level of authority and can only operate in certain environments and likely will have to hand over detainee to a garda anyway. Recipie for inefficiency.
Will believe it when l see it
If men were just men again it be grand. Telling ye, a few pud mouths wrecking my head and illnjust drag them off at the next stop. I was born in the 90s but I know this was how it was done in the 70s
would they fine their recurrent traffic offenders and report those rude drivers who deliberately miss their bus stops ?
…
Can’t recruit gardai naval personal army airport and now they want transport police lol
have your say