Release of a human rights lawyer, while others remain arbitrarily detained and harassed

IRAN: Release of a human rights lawyer, while others remainarbitrarily detained and harassed

Paris-Geneva, April 28, 2011. The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the International Federation forHuman Rights (FIDH) and the World Organisation Against Torture (OMCT), welcomesthe release of human rights lawyer Mohammad Oliaiyfard, but expresses its deepest concern over the arbitrary detention of otherhuman rights lawyers in the Islamic Republic of Iran

On April 18, 2011, human rights lawyer MohammadOliaiyfard was released after serving a one-year prison sentence. He hadbeen arrested on May 1, 2010 and imprisonedon the same day following a sentence by Branch 26 of the Revolutionary Court datedFebruary 7, 2010[1]on charges of “propaganda against the system by giving interviews to theforeign media about Behnoud’s case”[2]. TheObservatory welcomes his release, but strongly deplores the ongoing harassmentagainst a number of other human rights lawyers.

On April23, 2011 indeed, the lawyer of Mr. MohammadSeifzadeh, prominent human rightslawyer and founding member of the Defenders of Human Rights Centre (DHRC),announced that his client had been arrested and was held in a detention centreof the Intelligence Department in the North-Western City of Urumiyeh. Mr.Seifzadeh, who had been missing since April 11, was reportedly allowed to givea brief phone call to his family, and to be visited by his son. Following thevisit, which lasted about two minutes, his son declared that his father was notin good health, had lost weight, and was limping. His lawyer was however notallowed to visit him, but the magistrate in charge of his case told Mr.Seifzadeh's lawyer that his client had been arrested on April 11, 2011 forallegedly having “interviewed two dozen Afghans there”, without providingfurther information. On October 29, 2010, Mr. Mohammad Seifzadeh had beensentenced to 9 years imprisonment and to a 10 years ban to practice as lawyerby Branch 15 of the Revolutionary Court, on charges of “acting against nationalsecurity” through founding the DHRC, and “propaganda against the regime”through interviews with foreign media. He had appealed his sentence.

In addition, Ms. NasrinSotoudeh, a human rights lawyer arrested on September 4, 2010 and sentencedon January 9, 2011 to 11 years imprisonment, 10 years of ban on professionalactivities and 10 years of ban on travelling abroad, for supposed"assembly and conspiracy with the intention to commit offences against thesecurity of the state", "propaganda against the regime", and"membership in an illegal organisation", remains arbitrarily detainedto date in a solitary cell of Section 209 of Evin Prison.

In another case broughtagainst Ms. Sotoudeh for whichshe was tried by Branch 26 of the Islamic Revolution Court in late December2010 and February 2011, Ms. Sotoudeh was sentenced on April 19, 2011 to a500,000 Iranian rials fine (US$40) for failing “to observe the hejab” (Islamicdress code). Her prosecution and sentence follows a video taken during aceremony in Italy on the occasion of a human rights prize being awarded to her,where she had not worn the headscarf. It is to be noted however that under theIranian law, the Islamic Revolution Court does not have jurisdiction over suchoffence[3].

The Observatory firmly denounces the ongoingarbitrary detention of Messrs. Mohammad Seifzadeh and Ms. Nasrin Sotoudeh aswell as of dozens of human rights defenders in Iran[4],with the only aim to sanction the legitimate exercise of their human right activities,amid the current general crackdown on the Iranian civil society.

The Observatory urges the Iranian authorities toput an end to these acts of harassment against human rights defenders, toimmediately and unconditionally release those presently detained in thecountry, and more generally to conform to the United Nations Declaration onHuman Rights Defenders, the Universal Declaration of Human Rights andinternational human rights instruments ratified by Iran.

For further information,please contact:

• FIDH: Arthur Manet : + 33 1 43 55 25 18
• OMCT: Seynabou Benga / DelphineReculeau : + 41 22 809 49 39

[1] Following his sentencing, Mr. Oliayfard had been briefly detained from March 8to 15, 2010, and released because some legal technicality had not been compliedwith (i.e. the original sentence had not been communicated to all of hislawyers).

[2] Mr. Behnoud Shojaee was a 'juvenile offender' executed in October 2009 in Evinprison.

[3] The subject matter jurisdiction of theCourt is limited to offences against internaland external security; moharebeh and corruption on earth; insult to founder ofthe Islamic Republic of Iran and the current leader; conspiracy against theIslamic Republic of Iran; armed actions; espionage; drug-related crimes; claims concerning Article 49 of theConstitution (related to confiscation of all wealth accumulated through"usury, usurpation, bribery, embezzlement, theft, gambling, misuse ofendowments, misuse of government contracts and transactions, the sale ofuncultivated lands and other resources subject to public ownership, theoperation of centers of corruption, and other illicit means and sources".

[4] Seelatest Urgent Appeals of the Observatory: IRN 001/0211/OBS 024 and IRN002/0311/OBS 052.