Ongoing restrictive and arbitrary conditions of detention imposed on Ms. Nasrin Sotoudeh

New information

IRN 006 / 0910 / OBS 108.4

Arbitrary detention /

Violation of her right to regular visits by herfamily

Iran

November 22, 2012

The Observatory for theProtection of Human Rights Defenders, a joint programme of the InternationalFederation for Human Rights (FIDH) and the World Organisation Against Torture(OMCT), has received new information and requests your urgent intervention inthe following situation in Iran.

New information:

TheObservatory has been informed by the Iranian League for the Defence of HumanRights (LDDHI) of the ongoing restrictive and arbitrary conditions of detentionimposed on Ms. Nasrin Sotoudeh, human rightslawyer known for defending juveniles facing death penalty, prisoners of conscience,human rights activists and children victims of abuse and being a member of theDefenders of Human Rights Centre (DHRC), winner of the 2012 prestigiousSakharov human rights prize awarded by the European Parliament.

Accordingto the information received, on November 20, Ms. Nasrin Sotoudeh, who isserving a six-year imprisonment sentence in Evin prison, was finally allowed toreceive a visit from her husband and children, in the presence of securityofficers. Ms. Sotoudeh is extremely thin now and weighs 43 kilos and continuesher hunger strike to protest against the pressures inflicted against herchildren and husband.

Fora few weeks, her family members had been denied the right to visit her, excepton November 12 when only her children could visit her.

TheObservatory further recalls that Ms. Sotoudeh has been on unlimited hungerstrike since October 17, 2012 to protest against these measures restricting herright to visitation, and the pressures on her children and husband.

Followingher hunger strike, the prison authorities issued a three-week punitive sentenceof solitary confinement against Ms. Sotoudeh[1].On October 31, a while after she had started her hunger strike, she wasillegally transferred from Women's Section to Section 209[2]instead of Section 240, which is the “ordinary” solitary cells section of theprison, and is under the prison - and therefore judicial – administration untilNovember 19. Her transfer to Section 209 was therefore illegal.

TheObservatory therefore reiterates its demand on the Iranian authorities for theimmediate and unconditional release of Ms. Nasrin Sotoudeh, and, moregenerally, of all human rights lawyers and defenders currently detained in Iranin relation to their human rights activities.

Background information:

OnAugust, 28, 2010, Ms. Sotoudeh's office and home were searched by members ofthe services of intelligence and her assets frozen.

OnSeptember 4, 2010, Ms. Sotoudeh went to Prosecutor's Office based in Evinprison, where she had been summoned on allegations of “propaganda against thesystem” and “collusion and gathering with the aim of acting against nationalsecurity” following interviews given to international media as well as for“membership in an illegal organisation” [the Defenders of Human Rights Centre(DHRC)]. After her questioning by a magistrate, Ms. Sotoudeh was arrested. Herlawyer was not permitted to be present during the questioning.

Beforeher arrest, she had reported several times, including in an interview with RadioFarda on May 2, 2010, that the authorities were using tax harassmentagainst human rights lawyers in order to limit their working conditions. Shegave the example of Ms. Shirin Ebadi who was subjected to the payment ofa tax bill of hundreds of thousands of dollars on the money she had beengranted for her Nobel Peace Prize.

During her detention she was held for long periods insolitary confinement and denied contact with her family and lawyer. She cameclose to death after three dry hunger strikes to protest her prison conditionsand violations of due process. She was reportedly tortured in order to forceher to confess.

OnNovember 28, 2010, Ms. Nasrin Sotoudeh appeared before the Tehran IslamicRevolution Court. At the hearing, her lawyers requested her release on bail,which was denied by the court.

OnJanuary 9, 2011, Ms. Nasrin Sotoudeh was sentenced by Branch 26 of the Islamic Revolution Court to11 years of imprisonment, and banned from practicing law and traveling abroadfor 20 years on charge of “acting against national security” “propaganda against the system”, “collusion and gathering with the aim ofacting against national security” and “membership in an illegal organisation”. On September 14, 2011, her sentence was reduced by Branch 54 of theAppeals Court to six years imprisonment and 10 years ban on practicing law. Shewas also fined by another court for “not wearing hijab during a videotapedmessage”.

On July 11, 2012, the authorities banned Ms.Sotoudeh's husband and 12-year-old daughter from travelling abroad. This casehas now been referred to the Islamic Revolution Court (Branch 28), which hassummoned them to appear.

In September – October 2012, Ms. Sotoudeh's visitingday was changed from Sunday to Wednesday without any legitimate ground beingprovided by the prison authorities. In addition to being deprived offace-to-face family visits, the new measure, which contravened the prison'srules, made it more and more difficult for her to receive visits from herfamily over the past three months. However, after she went on hunger strike,the authorities changed her visitation days back to Sunday. It is also to berecalled that Ms. Sotoudeh has been banned from making phone calls since May2011.

Actions requested:

Pleasewrite to the Iranian authorities and ask them to:

i. Guarantee in allcircumstances the physical and psychological integrity of Ms. Nasrin Sotoudeh as well as all human rights defenders in Iran;

ii. Release her, as well allhuman rights defenders in Iran, immediately and unconditionally, since herdetention is arbitrary as it only aims at sanctioning their human rightsactivities;

iii. In the meantime, provideher with all the medical treatment she would require during her detention;immediately disclose her whereabouts and grant her family unhindered visitationwith her;

iv. Put an end to acts ofharassment - including at the judicial level - against her as well as againstall human rights defenders in Iran;

v. Conform in anycircumstances with the provisions of the Declaration on Human Rights Defenders,adopted on December 9, 1998 by the United Nations General Assembly, inparticular:

- article 1, which statesthat “everyone has the right, individually or in association with others, topromote the protection and realization of human rights and fundamental freedomsat the national and international levels”,

- article 5(c), whichreads that “everyone has the right, individually and in association withothers, at the national and international levels, [...] to communicate withnon-governmental or intergovernmental organizations”,

- article 9 which notablystates that “everyone has the right,individually and in association with others, inter alia […] to offer andprovide professionally qualified legal assistance or other relevant advice andassistance in defending human rights and fundamental freedoms,

- and article 12.2 whichprovides that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, de factoor de jure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in thepresent Declaration”;

vi. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights instruments ratified by Iran.

Addresses:

· Leader of the IslamicRepublic, His Excellency Ayatollah Sayed Ali Khamenei, The Office of theSupreme Leader, Shoahada Street, Qom, Islamic Republic of Iran, Faxes: + 98 21649 5880 / 21 774 2228, Email: info@leader.ir / webmaster@wilayah.org

· President Mr. MahmoudAhmadinejad, the Presidency, Palestine Avenue, Azerbaijan Intersection, Tehran,Islamic Republic of Iran, Fax: + 98 21 649 5880. Email:dr-ahmadinejad@president.ir

· Head of the Judiciary,His Excellency Ayatollah Sadeq Larijani, c/o Public Relations Office, Number 4,2nd Azizi Street, Vali Asr Ave., north of Pasteur Streetintersection, Tehran, Islamic Republic of Iran, Fax: +98 21 879 6671 / +98 21 3311 6567, Email: info@dadiran.ir/ bia.judi@yahoo.com /info@dadgostary-tehran.ir / info@bia-judiciary.ir

· Minister of ForeignAffairs, His Excellency Ali Akbar Salehi, Ministry of Foreign Affairs, ImamKhomeini Street, Tehran, Islamic Republic of Iran, Fax: + 98 21 6674 3149,Email: matbuat@mfa.gov.ir

· Secretary General, HighCouncil for Human Rights, Mr. Mohammed Jayad Larijani, [Care of] Office of theHead of the Judicary, Pasteur St, Vali Asr Ave, South of Serah-e Jomhouri,Tehran, Islamic Republic of Iran. Email: info@humanrights-iran.ir

· H.E. Mr. Seyed Mohammad Reza Sajjadi, Permanent Mission of the IslamicRepublic of Iran, Chemin du Petit-Saconnex 28, 1209 Geneva, Switzerland, Fax:+41 22 7330203, Email: mission.iran@ties.itu.int

· Embassy of Iran inBrussels, 15 a avenue Franklin Roosevelt, 1050Bruxelles, Belgium, Fax: + 32 2 762 39 15. Email: iran-embassy@yahoo.com

Please also write todiplomatic representations of the Islamic Republic of Iran in your respectivecountries.

***

Paris-Geneva,November 22, 2012

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

TheObservatory, a FIDH and OMCT venture, is dedicated to the protection of HumanRights Defenders and aims to offer them concrete support in their time of need.

Tocontact the Observatory, call the emergency line:

• Email: Appeals@fidh-omct.org
• Tel and fax FIDH: +33 (0) 1 43 55 25 18 / 01 43 55 18 80
• Tel and fax OMCT: + 41 22 809 49 39 / 41 22 809 49 29

[1] When a detaineegoes on hunger strike, the prison authorities may issue a punitive sentence against them of up to one month in solitary confinement.

[2] Section 209 is adetention centre that belongs to the Ministry of Intelligence. Its onlyrelationship to Evin prison is that it is located within the prison premises,but the prison officials and most of the time the judiciary do not have accessto prisoners in Section 209. This Section usually holds detainees in pre-trialdetention, i.e. before they are sentenced.