IRN 003 / 0818 / OBS 106

Arbitraryarrest / Release on bail /
Arbitrary detention /
Judicial harassment

Iran
August 23, 2018

The Observatory for the Protection of Human Rights Defenders, a jointpartnership of FIDH and the World Organisation Against Torture (OMCT), requestsyour urgent intervention in the following situation in Iran.

Description of the situation:

TheObservatory has been informed by the League for the Defence of Human Rights inIran (LDDHI) about the arbitrary arrest and detention of Messrs. GhasemSholeh-Saadi and Arash Kaykhosravi, two human rights lawyers.

According tothe information received, on August 18, 2018, Messrs. Ghasem Sholeh-Saadi andArash Kaykhosravi were arrested by security forces while they were taking partin a gathering in front of the Iranian Parliament to protest against theGuardian Council of the Constitution (GCC)’s control over the election processin general in Iran and the vetting of candidates at all elections, and call forfree, fair and transparent elections[1]..They were taken to Evin prison in Tehran.

A third lawyer, Mr. Massood Javadieh, was also arrested in front of theParliament, before being released on bail on the same day. He has not beennotified of any charges yet.

On August19, 2018, Messrs. Ghasem Sholeh-Saadi and Arash Kaykhosravi were transferred toGreater Tehran prison, located in Fashafuyeh district outside Tehran, afterbeing charged with “assembly and collusion with intent to commit crimes againstnational security” by Branch 5 of the Prosecutor’s Office, based inside Evinprison.

Mr. GhasemSholeh-Saadi is a former Member of Parliament, serving two terms between 1988and 1996, and a Professor of Law in Tehran University, and has represented anumber of political activists in court. He has been disqualified from standingin every parliamentary and presidential election since 1996. He has beenarrested and imprisoned several times and was arrested in April 2011, tried andimprisoned by the Islamic Revolution Court for “insulting the Supreme LeaderAyatollah Khamenei” and “spreading propaganda against the system”. He wasreleased at the end of his one-year prison sentence in April 2012. His healthhad also deteriorated due to acts of torture suffered during a previous arrestin 2002.

Mr. ArashKaykhosravi has defended numerous human rights defenders and politicalactivists and is one of the lawyers representing the family of Mr. DaryoushForouhar, a former Minister of Labour who was killed in 1998 by agents of theMinistry of Intelligence.

TheObservatory condemns the arbitrary arrest of Messrs.Ghasem Sholeh-Saadi, Arash Kaykhosravi and Massood Javadieh as well as theongoing detention of Messrs. Ghasem Sholeh-Saadi and Arash Kaykhosravi. TheObservatory calls upon the Iranian authorities to immediately andunconditionally release Messrs. Ghasem Sholeh-Saadi and Arash Kaykhosravi andput an end to the judicial harassment against them, which is only aimed atpunishing their legitimate and peaceful use of their right to freedom ofassembly and expression.

Actions requested:

Pleasewrite to the authorities of Iran asking them to:

i. Guarantee inall circumstances the physical and psychological integrity of Messrs. GhasemSholeh-Saadi, Arash Kaykhosravi and Massood Javadieh, as wellas of all human rights defenders in Iran;

ii. Immediately and unconditionally release Messrs. GhasemSholeh-Saadi and Arash Kaykhosravi, as well as all human rights defendersdetained in Iran, as their detention is arbitrary as it is merely aimed atpunishing them for their human rights activities;

iii. Guarantee their right to due process and fair trial, asprotected under international law, including the unhindered access to theirlawyers and families;

iv. Put an end to all acts of harassment, including at thejudicial level, against Messrs Ghasem Sholeh-Saadi, Arash Kaykhosravi and Massood Javadieh,as well as of all human rights defenders in Iran and ensure that they are ableto carry out their activities without hindrances;

v. Conform in all circumstances to the provisions of theDeclaration on Human Rights Defenders, adopted on December 9, 1998 by theUnited Nations General Assembly, in particular its Articles 1 and 12.2.;

vi. Ensure in all circumstances respect for human rights andfundamental freedoms in accordance with international human rights instrumentsratified by Iran.

Addresses:

• Leaderof the Islamic Republic, H.E. Ayatollah Sayed Ali Khamenei, Fax: + 98 21 441 2030,Email: info_leader@leader.ir; Twitter: @khamenei_ir

• PresidentHassan Rouhani, Islamic Republic of Iran, Fax: + 98 21 644 54811; Email:media@rouhani.ir; Twitter: @HassanRouhani (English) and @Rouhani_ir (Persian).

• Headof the Judiciary, H.E. Ayatollah Sadeq Larijani, Islamic Republic of Iran, Fax:+98 21 879 6671 / +98 21 3 311 6567, Email: info@dadiran.ir /info@dadgostary-tehran.ir / info@bia-judiciary.ir

• Ministerof Foreign Affairs, Mohammad Javad Zarif, Islamic Republic of Iran, Fax:+98-21-66743149; matbuat@mfa.gov.ir

• SecretaryGeneral, High Council for Human Rights, Mr. Mohammed Javad Larijani,Islamic Republic of Iran. Email: info@humanrights-iran.ir

• H.E.Mr. Javad Amin-Mansour, Ambassador, Permanent Mission of the IslamicRepublic of Iran to the United Nations in Geneva, Switzerland, Fax: +41 227330203, Email: mission.iran@ties.itu.int

• H.E.Mr. Peiman Seadat, Ambassador, Embassy of Iran in Brussels, Belgium, Fax:+ 32 2 762 39 15. Email: secreteriat@iranembassy.be

Please alsowrite to the diplomatic representations of Iran in your respective countries.

***

Paris-Geneva, August 23, 2018

Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.

The Observatory for the Protection of HumanRights Defenders (the Observatory) was created in 1997 by the WorldOrganisation Against Torture (OMCT) and FIDH. The objective of this programmeis to prevent or remedy situations of repression against human rightsdefenders. OMCT and FIDH are both members of ProtectDefenders.eu, theEuropean Union Human Rights Defenders Mechanism implemented by internationalcivil society.

To contact the Observatory, call the emergency line:

· E-mail:Appeals@fidh-omct.org

· Teland fax FIDH +33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

· Teland fax OMCT +41 (0) 22 809 49 39 / +41 22 809 49 29

[1] The GCC is responsible for supervising all national public elections,interpreting the Constitution, weighing qualification of nominees forpresidency and those who seek a seat in Parliament and the Assembly of Experts(AE), as well as ensuring the compatibility of the legislation passed by theParliament with the criteria of Islam and the constitution. The body exercisesdiscretionary power over all electoral processes and can disqualify anycandidates before and after elections without providing reasons. @font-face { font-family: Arial;}@font-face { font-family: "MS Mincho";}p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }h1 { margin: 0cm 0cm 0.0001pt; text-indent: 0cm; page-break-after: avoid; font-size: 10pt; font-family: "Times New Roman"; font-weight: normal; }p.MsoFootnoteText, li.MsoFootnoteText, div.MsoFootnoteText { margin: 0cm 0cm 0.0001pt 16.95pt; text-indent: -16.95pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoHeader, li.MsoHeader, div.MsoHeader { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoFooter, li.MsoFooter, div.MsoFooter { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }a:visited, span.MsoHyperlinkFollowed { color: purple; text-decoration: underline; }span.Titre1Car { }span.Caractresdenotedebasdepage { vertical-align: super; }span.Marquenotebasdepage1 { vertical-align: super; }span.PieddepageCar { }span.En-tteCar { }p.ListParagraph1, li.ListParagraph1, div.ListParagraph1 { margin: 0cm 0cm 0.0001pt 36pt; font-size: 10pt; font-family: "Times New Roman"; }span.NotedebasdepageCar { }.MsoChpDefault { font-size: 10pt; }div.WordSection1 { }ol { margin-bottom: 0cm; }ul { margin-bottom: 0cm; }