Iran
26.08.05
Urgent Interventions

Iran: Arbitrary detention of several human rights defenders in the Kurdish province

URGENT APPEAL – THE OBSERVATORY

IRN 003 / 0805 / OBS 074


Arbitrary arrests / Harassment
Iran

August 26, 2005

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Iran.

Brief description of the situation:



The Observatory has been informed by several sources, including the International Confederation of Free Trade Unions (ICFTU), about the harassment of Mr. Mahmoud Salehi, Spokesman for the Organisational Committee to Establish Trade Unions and former President of the Saqez Bakery Workers’ Union, as well as the arrest of Mr. Borhan Divangar, a member of the Saqez Bakery Workers’ Union, Ms. Roya Tolouï, a women’s rights activist, and Mr. Azad Zamani, a member of the Association of the Defence of Children’s Rights.

According to the information received, on August 2, 2005, Ms. Roya Tolouï, Editor of the monthly cultural magazine Rassan, and leader of the Association of Kurdish Women for the Defence of Peace and Human Rights, was arrested at her home in Sanandaj, the capital city of the Kurdish province of Iran. She was reportedly charged with “disturbing the peace” and “acting against national security”. Prison terms of at least two months were allegedly handed down to Ms. Tolouï by the Sanandaj Revolutionary Court of the Islamic Republic of Iran.

On the same day, security forces arrested Mr. Azad Zamani at his home.

On August 4, 2005, Mr. Mahmoud Salehi was arrested for one hour for participating in demonstrations in Saqez, in the Kurdish province of Iran. Indeed, following the killing on July 9, 2005, of a Kurdish opposition activist by Iranian security forces, in the town of Mahabad, demonstrations had erupted in the mainly Kurdish neighbouring towns of Sanandaj, Mahabad, Sardasht, Piranshahr, Oshnavieh, Baneh, Sinne, Bokan and Saqez. Hundreds of demonstrators were arrested subsequent to clashes with the state security forces and special anti-riots units, including Kurdish human rights defenders.

Before his release, Mr. Mahmoud Salehi was warned against participating in any demonstrations and strikes in Saqez.

Moreover, on August 7, 2005, at 2 am, the Iranian security forces raided the home of Mr. Borhan Divangar. The latter was then arrested and his computer and other belongings were seized. Later that day he was charged, among other things, with membership of the “Committee to Follow up the Establishment of Free Labour Organisations”, membership of the newly formed unemployed workers’ organisation, managing a labour website in Iran called Tashakol (www.tashakol.com), and with participating in the demonstrations in Saqez.

According to the information received, Mr. Borhan Divangar, Mr. Azad Zamani and Ms. Roya Tolouï were still in custody at the time of writing, although their place of detention was not known to the Observatory. In addition, the wife of Mr. Borhan Divangar was only able to see him briefly and reportedly noticed signs of physical abuse on his face. Mr. Divangar is believed to have been beaten to the point of having difficulties to speak.

These arrests follow a long standing trend of persecution by the Iranian Government of Mr. Divangar and Mr. Salehi, both of whom were among seven labour leaders (along with Messrs. Mohsen Hakimi, member of the Iranian Writers’ Association, Jalal Hosseini, Mohammad Abdippoor, Esmail Khodkam and Hadi Tanoumand, members of the Saqez Bakery Workers’ Union) charged with “sympathizing with the [banned] political organisation “Komala” and “attempting to hold an illegal gathering”, and arrested following independent May Day demonstrations in 2004. Mr. Mahmoud Salehi was then accused of preparing a chart containing information on the cost of living in Iran. Further charges, denied by Mr. Salehi, included writing, possessing and distributing political literature. Similar charges have been made against the other accused. In addition, during the court hearings on February 1 and April 4, 2005, the prosecution held Mr. Salehi’s contacts and meeting with an ICFTU mission in April 2004 against him as further evidence of his alleged “crimes”. Proceedings against those arrested have continued since that time.

The Observatory is deeply concerned about the arbitrary detention of Mr. Divangar, Ms. Roya Tolouï and Mr. Azad Zamani, and considers that this blatantly violates the provisions of the Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular article 9.3(a), which provides that everyone has the right “to complain about the policies and actions of individual officials and governmental bodies with regard to violations of human rights and fundamental freedoms, by petition or other appropriate means, to competent domestic judicial, administrative or legislative authorities or any other competent authority provided for by the legal system of the State, which should render their decision on the complaint without undue delay”, and article 12.2, which states that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”.

Actions requested:

Please write to the Iranian authorities and ask them to:

i. Guarantee under all circumstances the physical and psychological integrity of Mr. Borhan Divangar, Mr. Mahmoud Salehi, Ms. Roya Tolouï and Mr. Azad Zamani, and all human rights defenders in Iran;

ii. Ensure the immediate and unconditional release of Mr. Borhan Divangar, Ms. Roya Tolouï and Mr. Azad Zamani, and that they be granted a fair and impartial trial so that the charges against them be dropped, as they are arbitrary;

iii. Comply with the provisions of the Declaration on Human Rights Defenders, in particular its article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and the above-mentioned articles 9.3(a) and 12.2;

iv. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Iran.

Addresses:


  • Leader of the Islamic Republic, His Excellency Ayatollah Sayed Ali Khamenei, the Presidency, Palestine Avenue, Azerbaijan Intersection, Tehran, Islamic Republic of Iran, Faxes: + 98 21 649 5880 / + 98 21 774 2228 (ask fax to be forwarded to Ayatollah Khamenei), Email: webmaster@wilayah.org / info@wilayah.org (on the subject line write: For the attention of the office of His Excellency, Ayatollah al Udhma Khamenei, Qom)

  • President, Mr. Mahmoud Ahmadinejad, the Presidency, Palestine Avenue, Azerbaijan Intersection, Tehran, Islamic Republic of Iran, Fax: + 98 21 649 5880

  • Acting Head of the Judiciary ad interim, His Excellency Ayatollah Mahmoud Hashemi Shahrudi, Ministry of Justice, Park-e Shahr, Tehran, Islamic Republic of Iran, Fax: +98 21 879 6671, Email: Irjpr@iranjudiciary.com

  • Acting Minister of Foreign Affairs ad interim, His Excellency Kamal Kharrazi, Ministry of Foreign Affairs, Sheikh Abdolmajid Keshk-e Mesri Av, Tehran, Islamic Republic of Iran, Faxes: + 98 21 390 1999 (number may be unreliable; please mark “care of the Human Rights Department, Foreign Ministry”), Email: matbuat@mfa.gov

  • Ambassador Mohammad Reza Alborzi, Permanent Mission of the Islamic Republic of Iran, Chemin du Petit-Saconnex 28, 1209 Geneva, Switzerland, Fax: +41 22 733 02 03, E-mail: mission.iran@ties.itu.int


***
Geneva-Paris, August 26, 2005

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
Email: observatoire@iprolink.ch
Tel and fax FIDH: 33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT: + 4122 809 49 39 / 41 22 809 49 29
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