Observatory for the Protection of Human Rights Defenders Annual Report 2006 - Iran

Assaults against DHRC and its members

Judicial harassment against the Defenders of Human Rights Centre⁶⁵

On August 3, 2006, the activities of the Defenders of Human Rights Centre (DHRC), co-founded by Ms. Shirin Ebadi, laureate of the Nobel Peace Prize in 2003, were declared illegal by the Minister of the Interior, who stated that any person who continued these activities would be prosecuted.

Nevertheless, no legal proceedings had been initiated on the merits of this case as of the end of 2006.

Since its creation, the Centre's requests for registration have been refused numerous times without any justification from the authorities.

Arbitrary detention of Mr. Nasser Zarafchan⁶⁶

On November 13, 2006, Mr. Nasser Zarafchan, a lawyer and founding member of DHRC who has been detained at the Evin prison since August 2002, was severely beaten by dangerous criminals condemned for ordinary crimes and who had just been transferred to the prison. Further information on Mr. Zarafchan's health or the circumstances surrounding these acts of violence was not available by the end of 2006.

Mr. Zarafchan is the lawyer of Mrs. Sima Pouhandeh, the widow of Mr. Mohammed Djafar Pouhandeh, a writer and a human rights defender who was murdered in 1998. He had been sentenced to three years' imprisonment by the Military Court of Tehran on March 18, 2002 for "possession of firearms and alcohol". He was also sentenced to two additional years of imprisonment and fifty whiplashes for his statements to the press regarding the trial of the alleged murders of Iranian intellectuals, which ended in January 2002. The verdict was confirmed in appeal by the Military Court of Tehran on July 15, 2002.

Mr. Zarafchan should be released during the first quarter of 2007.

Sentencing and release on bail of Mr. Abdolfattah Soltani⁶⁷

On March 6, 2006, Mr. Abdolfattah Soltani, a lawyer at the Tehran Bar and a founding member of DHRC, was released after his bail of 100,000 euros was paid thanks to national and international solidarity.

On July 16, 2006, the Revolutionary Court of Tehran sentenced Mr. Soltani to five years in prison and the loss of his civil rights for failing to respect the confidentiality of the preliminary inquiry into the case of Ms. Zahra Kazemi, an Iranian-Canadian photographer who died in 2003 from the acts of torture and ill-treatment she was subjected to during her detention. Mr. Soltani appealed against this judgment.

In July 2005, Mr. Soltani, the Kazemi family's lawyer, had questioned the independence and fairness of the trial, stressing that the main officials allegedly involved in the acts of torture had not been prosecuted by the tribunal, including Mr. Said Mortazavi, Tehran Prosecutor.

Mr. Soltani had been arrested on July 30, 2005 when participating in a sit-in on the premises of the Tehran Bar to protest against the warrant issued for his arrest for "espionage" by Mr. Said Mortazavi on July 27, 2005. He was detained incommunicado until January 2006, when he was able to meet his lawyers.

As of the end of 2006, Mr. Soltani remained free and was waiting for a definitive verdict.

Repression against trade unionists

Judicial proceedings against five trade unionists in the Kurdish province of Iran⁶⁸

As of the end of 2006, judicial proceedings against Mr. Mahmoud Salehi, spokesperson for the Organisational Committee to Establish Trade Unions and former president of the Saqez Bakery Workers' Union, Mr. Mohsen Hakimi, a member of the Iranian Writers' Association, Mr. Jalal Hosseini, Mr. Borhan Divangar, and Mr. Mohammad Abdipoor, all members of the Saqez Bakery Workers' Union, were awaiting to be heard on appeal.

In November 2005, Mr. Mahmoud Salehi was sentenced to five years in prison and three years in exile; Mr. Jalal Hosseini, to three years in prison; Mr. Mohsen Hakimi, Mr. Borhan Divangar and Mr. Mohammad Abdipoor, to two years in prison. These five people had been arrested and then released after having participated in the peaceful celebration of May 1, 2004. They were accused of "sympathizing with the banned political party Komala [for an Iranian Kurdistan]". Although Mr. Mahmoud Salehi was reportedly found not guilty with regards to this charge, he was nonetheless accused of "meeting and conspiring against national security" under Article 610 of the Islamic Punishment Act, which prescribes sentences from two to five years of imprisonment. During the hearings, Mr. Salehi's involvement with trade unions was held against him.

In May 2006, the seventh section of the Court of Appeal of the Kurdistan province annulled the judgment and held that Mr. Salehi, Mr. Hosseini, Mr. Divangar, Mr. Hakimi and Mr. Abdipoor were innocent. However, new judicial proceedings were initiated against them with the Saqez Revolutionary Court.

On November 13, 2006, the Court sentenced Mr. Salehi and Mr. Hosseini to four and two years' imprisonment respectively for "meeting and conspiring against national security" following their involvement in the organisation of the May 1, 2004 celebration in Saqez. On November 27, 2006, Mr. Mohsen Hakimi was also sentenced to two years in prison. On October 17, 2006, Mr. Borhan Divangar was sentenced to two years in prison, but Mr. Mohammad Abdipoor was acquitted. The four trade unionists appealed their sentences and were on provisional release as of the end of 2006.

Ongoing repression against members of the Sherkat-e Vahed Union⁶⁹

In 2006, the members of the Tehran and Suburbs Bus Company Workers' Union (Sherkat-e Vahed) were still subjected to ongoing and increasing repression.

On January 27, 2006, the day before a strike calling for, among other things, the release of Mr. Mansour Osanloo, president of the union, eight members of the Union's executive committee were summoned by the court. Mr Osanloo had been detained in the Evin prison (Tehran) since December 22, 2005⁷⁰. The mayor of Tehran declared that the union was illegal, saying that the members were "saboteurs" and "subversive", and asked that the strike be cancelled. New bus drivers were hired to break the strike. Moreover, more than 100 members of the union were arrested.

The next day, during the violent dispersal of the strike, hundreds of bus drivers and their wives were arrested and taken to the Evin prison. The police also broke into the homes of some of the union leaders.

Most of the people detained were released in February 2006, except for seven members of the executive committee: Mr. Mansour Osanloo, Mr. Ebrahim Madadi, vice president, Mr. Mansour Hayat Gheibi, Yusseff Moradi, Mr. Yagoub Salimi, Mr. Ali Zadeh Hosseini and Mr. Mohammad Ebrahim Noroozi Gohari.

On March 4, 2006, Mr. Gholamreza Mirzaie, the union's spokesperson, was also arrested.

Furthermore, Mr. Mohammad Ebrahim Noroozi Gohari, Mr. Gholamreza Mirzaie, Mr. Yagoub Salimi, Mr. Mansour Hayat Gheibi and Mr. Ebrahim Madadi were fired in March 2006.

From March 18 to April 10, 2006, all the people arrested were released, except for Mr. Osanloo. Mr. Mansour Hayat Gheibi was arrested again 24 hours after his release, only to be released later.

On May 1, 2006, the police arrested 13 union members who had gathered for International Labour Day, including Mr. Abbas Najand Kodaki, Mr. Yagoub Salimi, Mr. Mahmoud Hojabri, Mr. Gholamreza Gholamhosseini, Mr. Gholamreza Mirzaie, Mr. Hassan Dehghan Gholamreza Khani, Mr. Fazel Khani, and Mr. Ebrahim Madadi. They were all released on May 6, 2006.

On July 15, 2006, eight union members were arrested after participating in a peaceful protest in front of the Ministry of Labour calling for the recognition of the legal status of their union: Mr. Ebrahim Madadi, Mr. Seyed Davoud Razavi, Mr. Yagoub Salimi, Mr. Atta Babakhani, Mr. Naser Gholami, Mr. Seyed Reza Nematipoor, Mr. Manochehr Mahdavi Tabar and Mr. Ebrahim Noroozi Gohari. They were all released four days later.

On August 9, 2006, Mr. Mansoor Osanloo was released after being detained incommunicado for more than seven months in the Evin prison. His release was reportedly conditional on a 150 million toman bail (125,000 euros), which was paid by his colleagues, friends and family.

On November 8, 2006, Mr. Osanloo was once again detained for several hours by the Tabriz police, along with nine representatives of Sherkat-e Vahed. At the time, they were on their way to Tabriz for a workshop organised by the International Labour Organisation.

On November 19, 2006, Mr. Osanloo and Mr. Ebrahim Madadi were arrested on the street by policemen in plain clothes. The policemen refused to show their police card or an arrest warrant. Both men were on their way to the Ministry of Labour in Tehran and were allegedly physically and verbally assaulted by the policemen. One of them reportedly pointed a gun towards Mr. Madadi, before firing in the air. The officers finally forced Mr. Osanloo to get into their car and left.

Mr. Osanloo was placed in detention in section 209 of the Evin prison, which is reserved for prisoners accused of political offences. He was unable to get access to his lawyer before December 5, 2006.

On November 26, 2006, Mr. Osanloo appeared before the 14th Chamber of the Revolutionary Court along with 17 other trade unionists to answer the pending charges against him, the exact nature of which was not known.

A few days later, the Minister of Justice and the spokesperson for the Ministry reportedly declared that Mr. Osanloo had been arrested again for not reporting to the penitentiary authorities after the issue of an arrest warrant and summons. However, his lawyer certified that Mr. Osanloo never received a warrant or summons requiring him to return to prison, but only a summons requiring his presence at a hearing before the fourth chamber of the Special Civil Servants Court on November 20, 2006.

On December 5, 2006, the judge set an additional bail of 30 million toman for his release (his bail then amounting to about 150,000 euros), stating that only his wife was authorised to pay it.

On December 19, 2006, Mr. Osanloo was finally released after only paying 150 million toman in bail, which was related to his detention from December 22, 2005 and August 9, 2006.

Moreover, on December 3, 2006, Mr. Seyed Davoud Razavi, Mr. Abdolreza Tarazi, members of the union's board of directors, and Mr. Gholamreza Gholamhosseini were released at the Khavaran bus station in Tehran, as they were distributing pamphlets to bus drivers. Mr. Razavi and Mr. Tarazi were freed the same night without charges.

Mr. Gholamreza Gholamhosseini was released on bail on December 9, 2006. The Prosecutor of the Tehran Revolutionary Court reportedly opened a file against him, but it was not possible to obtain any information on its content.

Repression of two protests in favour of women's rights⁷¹

On the occasion of International Women's Day on March 8, 2006, the Iranian police, militiamen in plain clothes and members of the special anti-riot force of the Revolutionary Guards repressed a sit-in organised by independent groups of women and activists who were protesting in Tehran in favour of women's rights and peace.

After being photographed and filmed by the security forces, the protesters were given the order to disperse on the grounds that the gathering was illegal. The security forces then poured garbage over the head of the women protesters, assaulted them and hit them with their truncheons. The protesters then scattered, but the police followed and hit some of them. Moreover, several journalists, including foreign correspondents who were covering the protest, were arrested. They were released once their rolls and pictures were confiscated.

Moreover, on June 12, 2006, students and representatives of several women's rights NGOs who had organised a peaceful gathering in Tehran in order to protest against the discriminatory status of Iranian women were violently assaulted by the police.

Subsequently, at a press conference held on June 13, 2006, the Minister of Justice stated that 70 persons had been arrested and jailed in the Evin prison (Tehran) for "having organised an illegal gathering". Among them were Ms. Gila Baniyaghoub, Ms. Shahla Entesari, Mr. Bahareh Hedayat, Ms. Atefeh Youssefi, Ms. Samira Sadri, Ms. Delaram Aramfar, Ms. Massoumeh Loghmani and Ms. Leyla Mohseninejad, along with Mr. Aliakbar Moussavi Khoini, Mr. Bahman Ahmadi Amouï, Mr. Ali Rouzbehani, Mr. Amin Ghalei and Mr. Vahid Mirjalili. They were all released, except for Mr. Aliakbar Moussavi who was released on bail at a later date.

Judicial proceedings against these people were still pending as of the end of 2006.

Release of Mr. Akbar Ganji⁷²

Mr. Akbar Ganji, a journalist with the daily newspaper Sobh-e-Emrooz, was released on March 18, 2006, a few days before the official end of his prison term, scheduled for March 30, 2006.

Mr. Akbar Ganji was detained since April 22, 2000 at the Evin prison in Tehran for having written several articles denouncing the involvement of the Iranian regime in the assassination of political opponents and intellectual dissidents in 1998, and for taking part in a conference on the Iranian elections in Berlin in April 2000.

Mr. Ganji had been hospitalised in the Milad hospital in Tehran on July 17, 2005 after more than two months of hunger strike, which he finally ended on the night of August 20 to 21, 2005. He was taken back to prison on September 3, 2005, and had since been put in solitary confinement in a special section of the Evin prison.

On October 11, 2006, Mr. Akbar Ganji was awarded the Martin Ennals Award for Human Rights Defenders (MEA)⁷³, along with Mr. Arnold Tsunga, a defender from Zimbabwe.

Arbitrary detention and sentencing of Mr. Saleh Kamrani⁷⁴

On June 14, 2006, Mr. Saleh Kamrani, a lawyer in Tehran, disappeared after calling his wife to tell her that he was on his way home. Detained in section 209 of the Evin prison, Mr. Kamrani was sentenced on September 13, 2006 to one year in prison with five years' probation for "propaganda against the system" (Article 500 of the Islamic Criminal Code). He was released on September 18, 2006.

Shortly before his arrest, Mr. Kamrani had defended political prisoners who had been arrested during demonstrations against the publication of a cartoon that had offended many Azeri Turkish citizens. The cartoon had been published by a State-owned newspaper on May 12, 2006.

In the past, he had already been harassed because of his activities in favour of members of ethnic minorities.

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[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

65. See Press Release, August 8, 2006.

66. See Annual Report 2005 and Urgent Appeal IRN 004/0012/OBS 125.9.

67. See Annual Report 2005 and Urgent Appeals IRN 002/0705/OBS 055.3, 055.4 and 055.5.

68. See Annual Report 2005.

69. See Annual Report 2005 and Press Releases, March 20 and August 10, 2006.

70. See Annual Report 2005.

71. See Press Releases, March 20 and June 14, 2006.

72. See Annual Report 2005 and Press Release, March 20, 2006.

73. The Martin Ennals Award for Human Rights Defenders (MEA) is the product of a unique collaboration between eleven human rights NGOs to offer protection to defenders in the world: Amnesty International, Human Rights Watch, Human Rights First, FIDH, OMCT, International Commission of Jurists, Diakonie Germany, International Service for Human Rights, International Alert, Front Line, and Huridocs.

74. See Urgent Appeal IRN 001/0606/OBS 076.