Sentencing of seven human rights defenders to long-term prison terms

Sentencing/

Arbitrarydetention /

Torture

Iran
September 12, 2019

The Observatory for the Protection of Human Rights Defenders, a partnership ofFIDH and the World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation in Iran.

Description of the situation:

The Observatory has been informed by the League for the Defence of HumanRights in Iran (LDDHI) about the sentencing of seven human rights defenders tolong-term prison terms in relation to union activities orthe reporting on such activities in the context of the Haft Tappeh Sugar CaneCompany workers strike in Shush, KhuzestanProvince, southwest Iran.

According to the informationreceived, on September 7, 2019, Branch 28 of the Islamic Revolution Court inTehran sentenced three labour rights defenders and four online journalists tolengthy prison terms, after unfair trials in August. Six of them have been indetention for several months.

The seven are:

- Mr. Esmail Bakhshi, Spokespersonof the independent Workers Syndicate of Haft Tappeh Sugar Cane Company, who wassentenced to a total of 14 years in prison and 74 lashes: seven years for“gathering and collusion against internal or external security” (Article 610 ofthe Islamic Penal Code); two years for “insulting the Supreme Leader” (Article514); two years for “spreading falsehoods with intent to disturb the publicopinion” (Article 698); one year and six months for “spreading propagandaagainst the system” (Article 500); and one year and six months and 74 lashesfor “disrupting public order” (Article 510).

- Mr. Mohammad Khanifar, amember of the Workers Syndicate of Haft Tappeh Sugar Cane Company, who wassentenced to a total of six years in prison: fiveyears for “gatheringand collusion against internal or external security” (Article 610); and one year for “spreading propaganda against the system” (Article500). Mr. Khanifaris currently free on bail.

- Ms. Sepideh Gholian, ayoung labour rights activist who worked to support the ongoing protests by HaftTappeh workers, who was sentenced to a total of 18years in prison: seven years for “gathering and collusion internal or external security”(Article 610); seven years for “membership of a group that aims todisrupt national security” (Article 499); one year and six months for “spreadingpropaganda against the system” (Article 500); and two years and six months for“spreading falsehoods with intent to disturb the public opinion” (Article698).

- Mr. Amirhossein Mohammadifard,Ms. Sanaz Alahyari, Ms. Asal Mohammadi, and Mr. Amir Amirgholi,four journalists and editorial members of an online magazine called Gam (Step),which reported on social justice issues, including labour rights, andpublicised the grievances of the workers of Haft Tappeh Sugar Cane Company, whowere sentenced to a total of 18 years in prison each: seven years for“gathering and collusion internal or external security” (Article 610); sevenyears for “membership in a group that aims to disrupt national security”(Article 499); one year and six months for “spreading propaganda against thesystem”; and two years and six months for “spreading falsehoods with intent todisturb the public opinion” (Article 698).

Six of the activists have receivedthe maximum sentence stipulated by the Islamic Penal Code for each charge,which was increased by half based on the multiplicity of charges. If the convictions and prisonsentences for the above-mentioned defendants are upheld on appeal, they willhave to serve the longest of the prison sentences each of them receives.

The Observatoryexpresses its strong concern over the sentencing and arbitrary detention of Mr.Esmail Bakhshi, Ms. Sepideh Gholian, Ms. Asal Mohammadi, Mr. AmirhosseinMohammadifard, Ms. Sanaz Alahyari, Mr. Amir Amirgholi, as well as the sentencingof Mr. Mohammad Khanifar, which seem to be only aimed at punishing them fortheir legitimate defence of workers’ rights. The Observatory calls on theIranian authorities to immediately and unconditionally release the six labourrights defenders and to put an end to harassments, including at the judiciallevel, against all human rights defenders in Iran.

Backgroundinformation:

In November 2018, workers at theHaft Tappeh Sugar Cane Company, located in Shush, Khuzestan Province, began amonth-long strike. They were demanding the payment of months of unpaid wagesand the return of the agro-industrial complex’s ownership to the public sector[1]. Haft Tappeh is the largestsugarcane factory in Iran and employs thousands of workers. On November 18, 2018,several labour rights activists were arrested.

Mr. Esmail Bakhshi and Ms. SepidehGholian were both arrested on November 18, 2018. Mr. Bakhshi was released onbail on December 12, and Ms. Gholian on December 18. They were forced toincriminate themselves under torture and their “confessions” were televised.After being released, they revealed that they had been tortured and forced toconfess. They were re-arrested on January 20, 2019 and are since then beingdetained respectively in Evin prison and Shahr-e Rey prison outside Tehran.

Mr. Mohammad Khanifar was arrestedon November 18, 2018 and released on November 22, 2018.

Ms. Asal Mohammadi was arrested onDecember 4, 2018, released on bail on January 5, 2019, and re-arrested onAugust 4. She is being detained in Evin prison.

Mr. Amirhossein Mohammadifard andMs. Sanaz Alahyari were both arrested on January 9, 2019 and have since beendetained in Ministry of Intelligence’s Ward 209 in Tehran’s Evin prison.

Mr. Amir Amirgholi was arrested onJanuary 16, 2019 and is being detained in Evin prison.

Actionsrequested:

Please write to the authorities of Iran asking them to:

i.Guarantee in all circumstances the physical integrity and psychologicalwell-being of Mr. EsmailBakhshi, Ms. Sepideh Gholian, Ms. Asal Mohammadi, Mr. AmirhosseinMohammadifard, Ms. Sanaz Alahyari, Mr. Amir Amirgholi and Mr. MohammadKhanifar, as well as all human rights defenders in Iran;

ii.Immediately and unconditionally release Mr. Esmail Bakhshi, Ms. Sepideh Gholian, Ms. AsalMohammadi, Mr. Amirhossein Mohammadifard, Ms. Sanaz Alahyari and Mr. AmirAmirgholi and all human rights defenders detained in the country,as their detention is arbitrary since it onlyseems to aim at punishing them for their human rights activities;

iii.Carry out an immediate, thorough,impartial, and transparent investigation into the above-mentioned allegationsof torture against Mr. Esmail Bakhshi and Ms. Sepideh Gholian, in order to identify all those responsible, bring them before anindependent tribunal, and punish them as provided by the law; and ensure that adequate, effective and prompt reparation, includingadequate compensation and rehabilitation, is granted to Mr. Esmail Bakhshi and Ms. SepidehGholian;

iv. Putan end to all acts of harassment, including at the judicial level, against Mr. Esmail Bakhshi, Ms. SepidehGholian, Ms. Asal Mohammadi, Mr. Amirhossein Mohammadifard, Ms. Sanaz Alahyari,Mr. Amir Amirgholi and Mr. Mohammad Khanifar, and all other humanrights defenders, and ensure they are able to carry out their activitieswithout hindrance;

v.Conform to all the provisions of the United Nations Declaration on Human RightsDefenders adopted by the UN General Assembly on December 9, 1998, in particularits Articles 1, 6, 9, 11 and 12;

vi.Ensure in all circumstances respect for human rights and fundamental freedomsin accordance with international human rights standards and internationalinstruments ratified by Iran.

Addresses:

• Leader of the Islamic Republic, H.E. Ayatollah Sayed Ali Khamenei, Fax: + 9821 441 2030, Email: info_leader@leader.ir; Twitter: @khamenei_ir
• President Hassan Rouhani, Islamic Republic of Iran, Fax: + 98 21 644 54811;Email: media@rouhani.ir; Twitter: @HassanRouhani (English) and @Rouhani_ir (Persian).
• Head of the Judiciary, H.E. Hojattolislam Ebrahim Ra’eesi, Islamic Republicof Iran, Fax: +98 21 879 6671 / +98 21 3 311 6567, Email: info@dadiran.ir /info@dadgostary-tehran.ir / info@bia-judiciary.ir
• Minister of Foreign Affairs, Mohammad Javad Zarif, Islamic Republic of Iran,Fax: +98-21-66743149; matbuat@mfa.gov.ir
• Secretary General, High Council for Human Rights, Mr. Mohammed JavadLarijani, Islamic Republic of Iran. Email: info@humanrights-iran.ir
• H.E. Mr. Esmaeil Baghaei Hamaneh, Ambassador, Permanent Mission of theIslamic Republic of Iran to the United Nations in Geneva, Switzerland, Fax: +4122 7330203, 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

Pleasealso write to the diplomatic representations of Iran in your respectivecountries.

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Paris-Geneva, September 12, 2019

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

The Observatory for theProtection of Human Rights Defenders (the Observatory) was created in 1997 byFIDH and the World Organisation Against Torture (OMCT). The objective of thisprogramme is to prevent or remedy situations of repression against human rightsdefenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented byinternational civil society.

[1]The Haft Tappeh Sugar Cane Company was sold to a privatecompany by the authorities in 2015. The latter soon accrued large debts, mostlyowed to public utilities and tax authorities. To address the problem, the ownersdecided to withhold salaries, wages, and pensions. This decision triggeredstrikes.