Release of Mr. Mahmoud Salehi - IRN 003/ 0805/ OBS 74.4

08/04/2008
Urgent Appeal

The Observatory has been informed by the International Trade Union Confederation (ITUC) about the release on bail of Mr. Mahmoud Salehi, spokesperson for the Organisation Committee to Establish Trade Unions and former president of the Saqez Bakery Workers’ Union, in Iran’s Kurdistan Province.

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 on the following situation in Iran and requests your urgent intervention:

New information:

According to the information received, on April 6, 2008, Mr. Mahmoud Salehi was released from the central prison of Sanandaj, reportedly on a 40 million toman bail. Mr. Salehi had completed his one-year jail sentence since March 23, 2008, but the authorities had refused to release him.

Furthermore, Mr. Salehi had gone on hunger strike since March 17, 2008, after he was summoned to appear for questioning by Branch 4 of the Sanandaj Courts and when new charges were issued against him. It is believed that the new charges were brought against him as a reaction to an international Day of Action that took place on March 6, 2008 in his favour and in retaliation for solidarity messages that Mr. Salehi had managed to smuggle out of jail. The new charges intended apparently to justify Mr. Salehi’s continued detention beyond March 23, 2008.

The Observatory welcomes the release on bail of Mr. Mahmoud Salehi, and thanks all the persons, institutions and organisations who intervened in his favour.

Background information:

Mr. Mahmoud Salehi had already spent more than five years in prison since the mid 1980’s due to his union activities. He was previously detained in 1986, 1995, 1999, 2000 and 2001.

Following his sentencing in 2005, along with Mr. Jalal Hosseini, a member of the Saqez Bakery Workers’ Union, Mr. Mohsen Hakimi, a member of the Iranian Writers’ Association, Mr. Borhan Divangar and Mr. Mohammad Abdipoor, all members of the Saqez Bakery Workers’ Union, the authorities began lengthy and unfair judicial proceedings against them in 2006. After the Appeal Court of the Kurdistan province annulled the judgements, the Saqez Revolutionary Court sentenced them again for "meeting and conspiring against national security" following their involvement in the organisation of the May 1, 2004 celebration in Saqez. Only Mr. Mohammad Abdipoor was acquitted.

On March 11, 2007, Messrs. Mahmoud Salehi, Jalal Hosseini and Mohsen Hakimi faced their final appeal trial before Division 7 of the Kurdistan Province Court of Appeals. After some delay, their lawyer was told that the Presiding Judge of Division 7 was on leave. One hour later, they were informed that the hearing was going to take place after all. The hearing took place at 10:45 a.m., with Judge Sadeghi in the chair. At the time of the initial arrest of the Saqez Seven, in May 2004, Mr. Sadeghi was the prosecutor of the City of Saqez and had therefore personally signed the arrest warrants against the trade union leaders. In the second trial, held in the Saqez Revolutionary Court in October 2006, he was the Chief of the Justice Department in the city of Saqez.

While no official verdict was given at the time of the final trial on March 11, 2007 (neither the lawyer nor the defendants were notified of the trial’s outcome), Mr. Salehi was visited on April 9, 2007 by a commanding officer in the Saqez security force at the Bakery Workers Association’s solidarity office. The official required that Mr. Salehi appear at the office of the Prosecutor to discuss issues related to this year’s May Day celebration with the Governor and Prosecutor of the City of Saqez.

Once in the Prosecutor’s Office, however, Mr. Salehi was informed that the Kurdistan Court of Appeals had reached a final verdict in his case and had sentenced him to one year imprisonment and a further suspended sentence of three years. He was arrested on the spot and denied the right to inform his lawyer or relatives. Mr. Salehi then protested his sentence and arrest and refused to sign the verdict. After the authorities were warned by Mr. Salehi’s colleagues and relatives that the citizens of Saqez would be called to protest, he was allowed to talk on the phone with his family. He was then transferred to the Central Prison of Sanandaj, the capital of Kurdistan Province, and 400 kilometres from Saqez, where his family resides.

On December 11, 2007, Mr. Mahmoud Salehi was admitted to Tohid Hospital in the city of Sanandaj, unconscious, after having collapsed repeatedly in prison between December 4 and 10, 2007. Since, and despite his critical health condition, Mr. Salehi was brought back to jail.

Actions requested:

Please write to the authorities in Iran urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Mahmoud Salehi, and in particular ensure that he be granted all necessary medical treatment, if necessary in specialist medical facilities outside the prison where he is held;

ii. Put an end to all acts of harassment, including at the judicial level, against Mr. Mahmoud Salehi as well as against all Iranian human rights defenders;

iii. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels", and Article 12.2, which provides 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";

iv. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by Iran.

Addresses:

* Leader of the Islamic Republic, His Excellency Ayatollah Sayed Ali Khamenei, The Office of the Supreme Leader, Shoahada Street, Qom, Islamic Republic of Iran, Faxes: + 98.21.649.5880 / 21.774.2228, Email: info@leader.ir / istiftaa@wilayah.org / 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: dr-ahmadinejad@president.ir

* Head of the Judiciary, His Excellency Mr. Mahmoud Hashemi Shahrudi, Ministry of Justice, Park-e Shahr, Tehran, Islamic Republic of Iran, Fax: +98.21.879.6671 / +98 21 3 311 6567, 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 in Brussels, avenue Franklin Roosevelt, 15 A. 1050 Bruxelles, Belgium, Fax: + 32 2 762 39 15. Email: iran-embassy@yahoo.com.

Please also write to the diplomatic mission or embassy of Iran in your respective country.

***

Geneva - Paris, April 8, 2008

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:

E-mail: Appeals@fidh-omct.org

Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
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