URGENT ACTION APPEAL UPDATE
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24 August 2004
Further Information on UA 236/03 issued 8 August
2003
Torture or ill-treatment/ Possible unfair trial/ Death
penalty new concern: Imminent execution
IRAN
Esmail Mohammadi (m), aged 39, member of the Komala party
Amnesty International fears that Esmail Mohammadi is at
imminent risk of execution after the death sentence against
him was reportedly upheld by the five judges of Branch 32
of the Supreme Court on or around 11 August.
Esmail Mohammadi was arrested in or around October
2002, by a group of officials from the Revolutionary Guard
(Pasdaran) at his home in Bukan, western Iran. It is feared
that he was tortured or ill-treated, during approximately
eight months of incommunicado detention following his
arrest. He has been detained in Oroumiye prison since his
arrest.
In July 2003 Esmail Mohammadi was sentenced to death,
following a reportedly unfair trial at Branch 1 of the
Oroumiye Revolutionary Court, in the administrative centre
of Western Azerbaijan province, western Iran. He
reportedly faced security-related charges including 'armed
struggle against the Islamic regime' and 'membership of a
proscribed organization'. Recent reports suggest that he
was also accused of 'being at war with god' (morharebe),
and 'corruption on earth' (fesad f'il-arz). These charges are
ill defined and broad in potential application, and both are
punishable by death.
The death sentence against Esmail Mohammadi was
reportedly upheld on or around 11 August. According to an
alleged copy of the Supreme Court verdict, Esmail
Mohammadi, who entered Iran illegally on two occasions,
was accused of being an armed member of the proscribed
organization Komala, and of taking part in the kidnap,
torture and murder of at least one government official. At
an inspection of his place or residence, it is alleged that
light arms and grenades were discovered.
The Supreme Court verdict states that he 'confessed' to the
charges against him. It is not known, however, under what
circumstances those 'confessions' were made, and it is
feared that torture or ill-treatment may have been used.
BACKGROUND INFORMATION:
In Iran, death sentences are required to be upheld by the
Supreme Court. Once a death sentence has been upheld by
the Supreme Court, it is returned to the lower court that
issued the original verdict to be passed over to the unit that
carries out the sentence- in English, the 'Unit for
Enforcement of Judgements'.
Komala is a socialist party advocating rights for the
Kurdish minority in Iran, or autonomy of Iranian
Kordestan. In July 2001 it held its ninth congress and
affirmed its support for a federal system for Iran; freedom
of expression and association as well as its support for
social justice. The party is said to oppose armed struggle
but is reported to believe in armed defence.
RECOMMENDED ACTION: Please send appeals to
arrive as quickly as possible:
- stating that Amnesty International recognizes the rights
and responsibilities of governments to bring to justice those
suspected of criminal offences, but strongly opposes the
death penalty as the ultimate cruel, inhuman and degrading
punishment;
- calling upon the head of the Judiciary to review the
sentence of Esmail Mohammadi with a view to finding an
alternative punishment to the death penalty;
- reminding the Iranian authorities of their commitment to
the Universal Declaration of Human Rights, in particular
Article 3, which states that ''Everyone has the right to life,
liberty and security of person''.
- reminding the authorities that confessions extracted under
duress are prohibited by Iranian law and are a violation of
Article 7 of the International Covenant on Civil and
Political Rights (ICCPR), to which Iran is a state party. It
states that ''No one shall be subjected to cruel, inhuman or
degrading punishment'';
- calling for all those found to be responsible for the torture
of prisoners to be brought to justice in fair trials.
APPEALS TO:
Leader of the Islamic Republic
His Excellency Ayatollah Sayed 'Ali Khamenei
The Presidency, Palestine Avenue
Azerbaijan Intersection
Tehran, Islamic Republic of Iran
Fax: 011 98 21 649 5880 (please mark 'For the
attention of the Office of His Excellency,
Ayatollah al Udhma Khamenei, Qom)
Email: [email protected] (on the subject line
write: For the attention of the Office of His
Excellency, Ayatollah al Udhma Khamenei,
Qom)
Head of the Judiciary
His Excellency Ayatollah Mahmoud Hashemi Shahroudi
Ministry of Justice
Park-e Shahr
Tehran, Islamic Republic of Iran
Email: [email protected] (mark 'Please forward
to HE Ayatollah Shahroudi')
COPIES TO:
Minister of Foreign Affairs,
His Excellency Kamal Kharrazi
Ministry of Foreign Affairs, Sheikh Abdolmajid Keshk-e
Mesri Avenue
Tehran, Islamic Republic of Iran
Email: [email protected]
Salutation: Your Excellency
Iran does not presently have an embassy in this country.
Instead, please send copies to:
Iranian Interests Section
Embassy of Pakistan
2209 Wisconsin Ave NW
Washington DC 20007
PLEASE SEND APPEALS IMMEDIATELY.
Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: [email protected]
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax: 303 258 7881
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END OF URGENT ACTION APPEAL UPDATE
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