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 Urge Iranian Authorities to Release Women Human Rights Defenders (02/02/09)   In English) ( In Farsi) (11/04/08) For more information, please contact Elizabeth Jordan, Tel: 212 845 5298 |
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Iranian Human Rights Lawyer Framed; Call for Nasser Zarafshan is a distinguished human rights lawyer and activist being held in Tehran’s notorious Evin Prison. He has been serving a five year prison sentence for “disseminating state secrets and the possession of firearms and alcohol” since August 2002. Human Rights First believes that the charges against Zarafshan were fabricated by the authorities to punish him for his human rights advocacy. Nasser Zarafshan publicly called attention to the complicity of state agents in the murder of a number of prominent activists and intellectuals in 1998, the so called “serial killings.” It appears that his detention is meant to deter others from seeking the truth and calling officials to account for their involvement is serious human rights violations. Mr. Zarafshan was convicted in a closed hearing by a military court in an unfair trial. A search of his office was carried out while he was in detention when the incriminating articles, that Zarafshan has stated were planted in his office, were discovered. Mr. Zarafshan’s health has deteriorated while in detention. He was granted a 48 hour medical leave in November 2004, but was returned to detention. Join Human Rights First in calling for the immediate release of Nasser Zarafshan. Tell Me More In October 2000, the Judicial Organization of the Armed Forces (JOAF) lodged a complaint against prominent lawyer Nasser Zarafshan and arrested him for “divulging state secrets” relating to the investigation into the murder by state intelligence agents of four leading intellectuals and activists in 1998. It is not clear why the JOAF should have any jurisdiction over Zarafshan. Its purpose is to try members of the armed forces and the Revolutionary Guards Corps for violations of the military code. It reports directly to the Leader of the Islamic Republic, Ayatollah Ali Khamenei. Having been released pending trial in 2000 he was brought to trial in closed session in proceedings presided over by a judge who was also a prosecutor with the JOAF. He was convicted and sentenced to five years imprisonment and 75 lashes. Charges of possessing illegal firearms and alcohol, also prohibited in Iran, were added to the indictment at the trial. These incriminating items were apparently discovered by JOAF investigators during an unaccompanied and illegal search of Zarafshan’s office carried out while he was in detention. He appealed against these blatantly unfair proceedings to an appeals court, but his conviction was upheld on August 7, 2002, and he was sent to prison. In an interview carried out after his initial conviction, Zarafshan told Radio Free Europe, “The accusations [against me] are divulging confidential government materials and possession of weapons and alcoholic beverages. With reference to the weapons and alcoholic beverages, I have said repeatedly that these were planted in my work premises while I was detained, so naturally I cannot be held responsible.” With respect to the charges of revealing secret material, he has always maintained that he was simply carrying out his duties as a lawyer representing the families of the victims of the serial killings. He categorically denies revealing any secret information obtained from official files relating to the investigation into the killings. Human Rights First believes that the charges against Nasser Zarafshan were fabricated in punishment for his exposure of the involvement of state agents in serious violations of human rights and to deter others from seeking the truth and pursuing justice. His continued imprisonment after a mockery of a trial is a violation of Iran’s obligations in international law as a State Party to the International Covenant on Civil and Political Rights and other binding human rights instruments. Article 12 (2) of the U.N. Human Rights Defenders’ Declaration provides that: everyone is entitled… to be effectively protected under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States which result in violations of human rights and fundamental freedoms as well as acts of violence perpetrated by groups or individuals that affect the enjoyment of human rights and fundamental freedoms. Instead of protecting Nasser Zarafshan for his courageous defense of human rights he is being punished together with other prominent activists and government critics currently imprisoned in Iran. Nasser Zarafshan was a leader of a 21 day hunger strike by political prisoners in Tehran’s Evin Prison in June 2004. He was reported to have suffered beatings because of this protest from prison guards and from other prisoners whose privileges were suspended because of the protest. Nasser Zarafshan suffers from a serious kidney disease, which the medical team at Evin prison said required specialist treatment outside of the prison. Although repeated requests to leave the prison and receive urgent medical care had been blocked by Tehran’s Chief Prosecutor – prompting Zarafshan to resume a hunger strike on June 7 – in early July, Zarafshan was granted leave from prison to undergo surgery for treatment of his kidney condition. Nasser Zarafshan is one of Iran’s most prominent imprisoned human rights defenders, but he is not alone. Since early 2000, human rights defenders and advocates of political reform have faced sustained repression in Iran. Some have been forced into exile, others imprisoned and all of them blocked in their activities by the closure of independent newspapers and magazines and threats against nascent independent nongovernmental organizations and internet activists. Concern over Iran’s development of nuclear weapons capability has generated increasing dialogue on a range of issues between the European Union and Iran. Human rights issues are not being given a prominent place in these exchanges at present while the persecution of reformists and human rights defenders in Iran continues. Iranian activists are alarmed that the West may be willing to grant economic concessions to an increasingly authoritarian and repressive Iranian leadership in exchange for guarantees on proliferation issues. Such a development could entrench repressive government in Iran for many years to come and extinguish the battered and demoralized reform movement, of which Nasser Zarafshan is a part. The West’s dialogue with Iran, which is being driven by the nuclear issue, is an opportunity to elevate human rights concerns, starting with the situation of imprisoned human rights defenders. Sample Letter: His Excellency Ayatollah Mahmoud Hashemi Shahroudi In October 2000, the Judicial Organization of the Armed Forces (JOAF) lodged a complaint against Mr. Zarafshan and arrested him for “divulging state secrets” relating to the investigation into the murder by state intelligence agents of four leading intellectuals and activists in 1998. It is not clear why the JOAF should have any jurisdiction over Zarafshan as its purpose is to try members of the armed forces and the Revolutionary Guards Corps for violations of the military code. Having been released pending trial in 2000, Mr. Zarafshan was brought to trial in closed session in proceedings presided over by a judge who was also a prosecutor with the JOAF. He was convicted and sentenced to five years imprisonment and 75 lashes. Charges of possessing illegal firearms and alcohol, also prohibited in Iran, were added to the indictment at the trial. These incriminating items were apparently discovered by JOAF investigators during an unaccompanied and illegal search of Zarafshan’s office carried out while he was in detention. He appealed against these blatantly unfair proceedings to an appeals court, but his conviction was upheld on August 7, 2002, and he was sent to prison. The charges against Nasser Zarafshan appear to have been fabricated in punishment for his exposure of the involvement of state agents in serious violations of human rights and to deter others from seeking the truth and pursuing justice. His continued imprisonment after such a blatantly unfair trial is a violation of Iran’s obligations in international law as a State Party to the International Covenant on Civil and Political Rights and other binding human rights instruments. Article 12 (2) of the U.N. Human Rights Defenders’ Declaration provides that: everyone is entitled… to be effectively protected under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States which result in violations of human rights and fundamental freedoms as well as acts of violence perpetrated by groups or individuals that affect the enjoyment of human rights and fundamental freedoms. The Iranian authorities should support and protect the work of human rights defenders like Mr. Zarafshan instead of punishing him with other prominent activists and government critics currently imprisoned in Iran. Thank you for your immediate attention to this most pressing matter. I will continue to monitor Mr. Zarafshan’s case closely. Sincerely, cc. Mr. Ali Jazini Dorcheh |
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UPDATE: Lawyer and human rights defender Nasser Zarafshan was released from Evin Prison on March 15, 2007, following the completion of his five year prison sentence. He is reportedly in good health now and has expressed his gratitude to all those who campaigned for his release.
