[Deathpenalty] death penalty news-----worldwide

[Rick Halperin]

URGENT ACTION APPEAL


30 May 2008

UA 147/08             Death penalty/torture and ill-treatment

IRAN                    Farzad Kamangar (alias Siamand) (m), aged 32,
teacher ]
                              Ali Heydariyan
(m)                                                              ]
from Kurdish ethnic group
                              Farhad Vakili
(m)                                                                 ]

Teacher Farzad Kamangar, a member of the Kurdish ethnic group, has
been sentenced to death on charges of moharebe, or 'enmity against
God,' a charge levelled against those accused of taking up arms
against the state. Ali Heydariyan and Farhad Vakili may also be facing
execution.

Farzad Kamangar's death sentence was passed by Branch 30 of the Tehran
Revolutionary Court on 25 February, following a flawed trial in which
his contact with his lawyer was limited. He was accused of being a
member of the armed group, the Kurdistan Workers' Party (PKK), and of
possession of explosives. The Court viewed these accusations as an
attempt to overthrow the state, which, under Iranian law, equates to
"enmity against God."

The death sentence was confirmed by a spokesperson for Iran's
judiciary on 27 May. Farzad Kamangar has lodged an appeal with the
Supreme Court. If the sentence is upheld and confirmed by the Head of
Judiciary, he may face the death penalty within weeks.

Farzad Kamangar was arrested by Ministry of Intelligence officials
along with two other ethnic Kurds, Ali Heydariyan and Farhad Vakili,
in Tehran around July 2006. The two other men are believed to have
been sentenced to 10 years' imprisonment, but human rights groups fear
they may have also been sentenced to death.

Farzad Kamangar has been held incommunicado at a series of locations,
including in the cities of Kermanshah, Sanandaj and Tehran, and has
been tortured regularly, including by being beaten, flogged and
electrocuted. As a result of this torture, his arms and legs have
started to tremble involuntarily.

The non-governmental organization Human Rights Activists in Iran
reported that the trial of Farzad Kamangar started at Branch 1 of the
Revolutionary Court in the city of Sanandaj, but was then transferred
to Tehran. He is now held in Raja'i Shahr prison in Tehran province.
He has been held incommunicado throughout his detention.

BACKGROUND INFORMATION
Kurds, who are one of Iran's many ethnic groups, live mainly in the
west and north-west of the country, in the province of Kordestan and
neighboring provinces bordering Kurdish areas of Turkey and Iraq. For
many years, Kurdish organizations such as the Kurdistan People's
Democratic Party (KDPI) and Komala have taken up arms against the
Islamic Republic of Iran. Another armed group, the Kurdistan
Independent Life Party (PJAK), continues to carry out armed attacks
against Iranian security and government. Iran has accused foreign
governments of fomenting unrest among the country's ethnic minorities.

The scope of capital crimes in Iran remains extremely broad. Those
found guilty of "enmity against God" are not eligible to be pardoned.
Judges have discretionary powers to impose the death penalty for
certain offenses, including those relating to national security.

Article 6(2) of the International Covenant on Civil and Political
Rights, to which Iran is a state party, states: "In countries which
have not abolished the death penalty, sentence of death may be imposed
only for the most serious crimes..." The UN Human Rights Committee,
the independent body that reviews states' implementation of this
treaty has stated: "The Committee is of the opinion that the
expression 'most serious crimes' must be read restrictively to mean
that the death penalty should be a quite exceptional measure."

RECOMMENDED ACTION: Please send appeals to arrive as quickly as
possible:
- urging the authorities to commute Farzad Kamangar's death sentence
immediately;
- acknowledging that governments have a responsibility to bring to
justice those suspected of criminal offenses in proceedings that
adhere to international standards for fair trial, but stating your
unconditional opposition to the
death penalty, as the ultimate cruel, inhuman and degrading punishment
and violation of the right to life;
- asking for full details of the charges against Farzad Kamangar, and
the two men arrested with him, Ali Heydariyan and Farhad Vakili;
- expressing concern that his trial may not have met international
standards for fair trial, which are essential in capital cases;
- calling on the authorities to grant Farzad Kamangar immediate and
regular access to his family and lawyer of his choice and to be
granted any medical treatment he may require;
- expressing concern at reports that Farzad Kamangar was tortured, and
urging the authorities to investigate those reports fully, with those
responsible being brought to justice;
- calling on the authorities to ensure that none of the three men is
tortured or ill-treated.

APPEALS TO:

Head of the Judiciary
Ayatollah Mahmoud Hashemi Shahroudi
Ministry of Justice, Ministry of Justice Building
Panzdah-Khordad Square
Tehran
ISLAMIC REPUBLIC OF IRAN
Email:             info at dadgostary-tehran.ir (In the subject line
write: FAO Ayatollah Shahroudi)
Salutation:      Your Excellency

COPIES TO:

Leader of the Islamic Republic
His Excellency Ayatollah Sayed 'Ali Khamenei
The Office of the Supreme Leader
Islamic Republic Street - Shahid Keshvar Doust Street
Tehran
ISLAMIC REPUBLIC OF IRAN
Email:             info at leader.ir
Salutation:      Your Excellency

Minister of Intelligence
Gholam Hossein Mohseni Ejeie
Ministry of Intelligence
Second Negarestan Street, Pasdaran Avenue
Tehran
ISLAMIC REPUBLIC OF IRAN
Salutation:       Your Excellency

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:          202 965 4990
Fax:             202 965 1073
Email:          requests at daftar.org

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 11
July 2008.

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Amnesty International is a worldwide grassroots movement that promotes
and defends human rights.

This Urgent Action may be reposted if kept intact, including contact
information and stop action date (if applicable). Thank you for your
help with this appeal.

Urgent Action Network
Amnesty International USA
600 Pennsylvania Ave SE 5th fl
Washington DC 20003
Email: uan at aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566

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END OF URGENT ACTION APPEAL
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