Sentencing of Ms. Nasrin Sotoudeh, prominent human rights lawyer

New information

IRN 006 / 0910 / OBS 108.3

Arbitrary detention / Sentence to prison

Iran

January10, 2011

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), has received new information and requests your urgentintervention in the following situation in Iran.

New information:

TheObservatory has been informed by the Iranian League for the Defense of HumanRights of the sentencing of Ms.Nasrin Sotoudeh,prominent human rights lawyer, known for defending juveniles facing deathpenalty, prisoners of conscience, human rights activists and children victimsof abuse.

OnJanuary 9, 2010, Ms. Nasrin Sotoudeh was sentenced by the Tehran Revolutionary Tribunal to11 years of imprisonement, and banned from practicing law and traveling for 20years on charge of “acting against national security,” of “not wearing hijabduring a videotaped message” and of "propaganda against the regime.”

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 Evin prison court, where she had beensummoned by the Revolutionary Prosecutor's Office on allegations of"propaganda against the State" and "collusion and gathering withthe aim of acting against national security" following interviews given tointernational media as well as for belonging to the Defenders of Human RightsCentre (DHRC). After her questioning by a magistrate, Ms. Sotoudeh wasarrested. Her lawyer was not permitted to be present during the questioning.

Afew days before her arrest, she had reported to the International Campaign forHuman Rights in Iran as to how 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 of a tax billof hundreds of thousands of dollars on the money she had been granted for herNobel 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 has reportedly been tortured in prison inorder to force her to confess.

OnNovember 28, 2010, Ms. Nasrin Sotoudeh appeared before the Tehran RevolutionaryTribunal. At the hearing, her lawyers requested her release on bail, which wasdenied by the Tribunal.

TheObservatory expresses its deep concern about the sentence and the judicialharassment against her and denounces her arbitrary detention, which seems to merely aim at sanctioning her human rights activities.

TheObservatory more generally points out that this case is part of a wave ofarrests and harassment against a number of Iranian human rights lawyers, someof whom remain detained.

TheObservatory therefore demands the immediate and unconditional release of allhuman rights lawyers and defenders currently detained in Iran in relation totheir human rights activities.

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 immediatelyand unconditionally, since her detention is arbitrary as it only aims atsanctioning their human rights activities;

iii. In the meantime, provideher with all the medical treatment she would require during her detention;

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 and provideprofessionally 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 / istiftaa@wilayah.org / 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, 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 / bia.judi@yahoo.com

· Minister of ForeignAffairs, His Excellency Manouchehr Mottaki, Ministry of Foreign Affairs, SheikhAbdolmajid Keshk-e Mesri Av, Tehran, Islamic Republic of Iran, Fax: + 98 21 3901999, Email: matbuat@mfa.gov

· Permanent Mission of theIslamic Republic 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, 1050 Bruxelles, Belgium, Fax: + 32 2 762 39 15. Email: iran-embassy@yahoo.com

Pleasealso write to diplomatic representations of the Islamic Republic of Iran inyour respective countries.

***

Paris-Geneva,January 10, 2011

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