[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

URGENT ACTION APPEAL

Note: Please write on behalf of these persons even though you may not
have received the original UA when issued on May 30, 2008. Thanks!


17 September 2008

Further Information on UA 151/08 and follow-up (11 June 2008) -
Prisoners of conscience/ Death Penalty

IRAN
   Mahmoud Matin (m), aged 52, civil engineer  ]
   Arash Basirat (m), aged 44                               ]
Christian converts

Mahmoud Matin and Arash Basirat have been formally charged with
apostasy, which on conviction can carry the death sentence. Their
lawyer was initially informed of their charge in early August. They
are prisoners of conscience, held solely for their religious beliefs.

Mahmoud Matin and Arash Basirat were arrested on 15 May 2008 by
Ministry of Intelligence officials in Shiraz, south-west Iran, where
they were having a meeting with 13 other people, who were also
interrogated but released. They are both being held in a detention
centre in Shiraz that is controlled by the Ministry of Intelligence.
They were in solitary confinement for two months before being placed
in a cell together around 15 July.

Both Mahmoud Matin's and Arash Basirat's families have tried to
secure their release on bail before their trial takes place but this
was refused by the authorities. Mahmoud Matin has been able to see
his wife on short visits. Arash Basirat is diabetic and has become
very weak and his medical condition has deteriorated.

Mahmoud Matin and Arash Basirat were charged with apostasy under
Article 214 of the Code of Criminal Procedures. This states that
where there is no existing law on a matter, courts are obliged to
resort to fiqh resources (religious jurisprudence/interpretative
works of Islamic jurists) or credible fatwas (religious edicts) to
issue verdicts and sentences. The late Ayatollah Ruhollah Khomeini's
treatise on legal affairs, the Tahrir ol Vassileh, provides a fatwa
on apostasy and states that male apostates who were born as Muslims
should be put to death; it is feared that this may be used when they
come before the court to convict them and sentence them to death.
Other charges which were initially brought against them, including
"propaganda against the state", "disturbing public opinion" and
"distributing false information" have since been dropped.

BACKGROUND INFORMATION
Christianity is a recognized religion in Iran, but evangelical
Christians, some of whom have converted from Islam, often face
harassment by the authorities. In recent months, since May, there has
been an increase in the number of Christians arrested. Most of the
arrests have taken place in Bandar Abbas, in Hormozgan province,
Esfahan in central Iran, Sanandaj in north-west Iran and Kermanshah
in western Iran.

Conversion from Islam (apostasy) is forbidden under Islamic law,
which requires apostates to be put to death if they refuse to go back
to Islam. There is currently no specific provision in the Iranian
Penal Code for apostasy, but judges are required to use their
knowledge of Islamic law to rule on cases where no specific
legislation exists in the Penal Code.

A new version of the Iranian Penal Code has recently been passed by
the majles (parliament). In the original draft it prescribed the
death penalty for those considered to be apostates and it is believed
that this provision remains in the version approved. The law must be
vetted by the Council of Guardians for conformity to Islamic Law and
the Constitution before it can be signed and come into effect.

Article 23 of the Iranian Constitution states: "The investigation of
individuals' beliefs is forbidden, and no one may be molested or
taken to task simply for holding a certain belief." Under Article 18
(1) of the International Covenant on Civil and Political Rights
(ICCPR), to which Iran is a state party, "Everyone shall have the
right to freedom of thought, conscience and religion. This right
shall include freedom to have or to adopt a religion or belief of his
choice, and freedom, either individually or in community with others
and in public or private, to manifest his religion or belief in
worship, observance, practice and teaching." An individual's right to
adopt a religion (including by converting from his/her original
religion to another faith) is absolute and cannot be subject to
limitations

RECOMMENDED ACTION: Please send appeals to arrive as quickly as
possible:
- calling on the authorities to release them immediately and
unconditionally as Mahmoud Matin and Arash Basirat are prisoners of
conscience, as they are being detained solely on account of their
religious beliefs,
- calling on the authorities to drop the charges of apostasy, and
reminding them that the right to change his or her religion is an
internationally recognized right,
- urging the authorities to ensure that, pending their release, both
prisoners are given immediate and regular access to their lawyer,
their families and any medical treatment they may require;
- reminding the authorities that freedom of religious belief is
guaranteed by the Iranian Constitution, and by Article 18 of the
International Covenant on Civil and Political Rights;
- urging the authorities to ensure that the new Penal Code conforms
with Iran's obligation under international law to guarantee "freedom
of thought, conscience and religion."


APPEALS TO:

Head of the Judiciary
Ayatollah Mahmoud Hashemi Shahroudi
Howzeh Riyasat-e Qoveh Qazaiyeh / Office of the Head of the
Judiciary
Pasteur St., Vali Asr Ave., south of Serah-e Jomhouri
Tehran 1316814737
ISLAMIC REPUBLIC OF IRAN
Email: info at dadgostary-tehran.ir (In subject line write: FAO
Ayatollah Shahroudi)
Salutation: Your Excellency

Chair of the Guardian Council
Ayatollah Ahmad Jannati
Shoraye Neghaban-e Ghanoon-e Assassi,Imam Khomeini Ave.,
after (west of) junction with Vali-Asr Ave. Felestin Jonubi St.
Tehran 1317735111
ISLAMIC REPUBLIC OF IRAN
Salutation: Your Excellency


COPIES TO:

Director, Human Rights Headquarters of Iran
His Excellency Mohammad Javad Larijani
Howzeh Riyasat-e Qoveh Qazaiyeh (Office of the Head of the
Judiciary)
Pasteur St, Vali Asr Ave., south of Serah-e Jomhouri
Tehran 1316814737
ISLAMIC REPUBLIC OF IRAN
Fax: 011 98 21 3390 4986 (please keep trying)
Email: int_aff at judiciary.ir (In the subject line: FAO Mohammad Javad
Larijani)

President
His Excellency Mahmoud Ahmadinejad
The Presidency
Palestine Avenue, Azerbaijan Intersection
Tehran
ISLAMIC REPUBLIC OF IRAN
Fax: 011 98 21 6 649 5880
Email: dr-ahmadinejad at president.ir (via website:
http://www.president.ir/email/)

Iran does not presently have an embassy in the United
States. Instead, please send copies to:

Iranian Interests Section
Embassy of Pakistan
2209 Wisconsin Ave NW
Washington DC 20007
Phone: 2 965 4990
Fax: 202 965 1073
Email: quests at daftar.org


PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 29
October 2008

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END OF URGENT ACTION APPEAL
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