Ill-treatments / Fear for safety / Arbitrary detention - IRN 004 / 0012 / OBS 125.9

17/11/2006
Urgent Appeal

The Observatory has received new information by the Iranian League for the Defence of Human Rights (Ligue pour la défense des droits de l’Homme en Iran - LDDHI) that Mr. Nasser Zarafchan, a human rights lawyer imprisoned since August 2002, was beaten by other prisoners in the Evin prison.

URGENT APPEAL - THE OBSERVATORY
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), has received new information and requests your urgent intervention in the following situation in Iran.


New information:

According to the information received, on November 13, 2006, Mr. Zarafchan was seriously beaten by dangerous prisoners condemned for ordinary crimes, who had just been transferred to the Evin prison. No information have been provided on Mr. Zarafchan’s state of health, nor on the circumstances surrounding these acts of violence.

The Observatory strongly condemns these facts, and expresses its deepest concern for Mr. Zarafchan’s safety.


Background information:

Mr. Nasser Zarafchan, who is the lawyer of Mrs. Sima Pouhandeh, the widow of Mr. Mohammed Djafar Pouhandeh - a writer and human rights defender assassinated in 1998, was sentenced to three years in jail by the Tehran military court 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 lawsuit of the alleged murderers of Iranian intellectuals, which ended in January 2002.

As Mr. Nasser Zarafchan’s health seriously deteriorated because of lungs problems and a nephritis attack, he was hospitalised on December 2, 2004, in the Evin prison. He was brought back to his cell three days later.

On June 7, 2005, Mr. Zarafchan resumed a hunger strike he had begun in April, in protest against denial of medical treatment. Moreover, on June 15, 2005, when one of his lawyers attempted to visit him, he was turned away.

On July 4, 2005, the Iranian Judiciary decided to temporarily release Mr. Nasser Zarafchan, so that he may receive medical treatment of his kidney stones. Mr. Zarafchan had started a hunger strike on June 7, 2005 to protest against the fact that he was denied hospitalisation outside the Evin prison. He was then sent back to prison on July 23, 2005.

On September 10, 2005, he underwent a medical examination in prison, and another at Labbafinejad Hospital in Tehran, which confirmed that stones in his right kidney required another treatment, but these requests went without response from the authorities.

Action requested:

Please write to the Iranian authorities, urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Nasser Zarafchan;

ii. Ensure that he be provided with adequate medical assistance;

iii. Ensure immediately Mr. Zarafchan’s unconditional and definitive release, as it is arbitrary;

iv. Put an immediate end to all acts of harassment against Iranian human rights defenders;

v. Conform with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular its article 1 which provides that “every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international levels”, as well as its article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or 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”;

vi. More generally, ensure in all circumstances respect for human rights and fundamental freedoms in Iran in accordance with international human rights standards.


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 / 21.774.2228, Email: webmaster@wilayah.org

 President, His Excellency Mahmoud Ahmadinejad, the Presidency, Palestine Avenue, Azerbaijan Intersection, Tehran, Islamic Republic of Iran, Fax: + 98.21.649.5880, E-mail: khatami@president.ir

 Head of the Judiciary, His Excellency Mr. Jamal Karimi-Rad, Ministry of Justice Park-e Shahr, Tehran, Islamic Republic of Iran, Fax: +98.21.879.6671, Email: Irjpr@iranjudiciary.com

 Minister of Foreign Affairs, His Excellency Mr. Manuchehr Motaki, Ministry of Foreign Affairs, Sheikh Abdolmajid Keshk-e Mesri Av, Tehran, Islamic Republic of Iran, Fax: + 98.21.390.1999, Email: matbuat@mfa.gov

 Permanent Mission of the Islamic Republic of Iran, Chemin du Petit-Saconnex 28, 1209 Geneva, Switzerland, Fax: +41 22 7330203, Email: mission.iran@ties.itu.int

 Ambassador Mr. Ahani, Embassy of Iran to Brussels, 415 avenue de Tervueren, 1150 Woluwe-Saint-Pierre, Belgium, Fax: + 32 2 762 39 15. Email: iran-embassy@yahoo.com

Please also write to diplomatic representations of the Islamic Republic of Iran in your respective countries.

***

Geneva - Paris, November 17, 2006

Kindly inform the Observatory of any action undertaken quoting the code number 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:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 33 1 43 55 18 80
Tel and fax: OMCT : + 41 22 809 49 39 / 41 22 809 49 29
E-mail : Appeals@fidh-omct.org

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