No.: 392/ 2006
Date: 30 September 2006
The Office of High Commissioner for Human Rights, Geneva,
Please circulate this letter to the Working Group on Arbitrary Detention (also for Fair Trials)
CC Mrs. Harrison, Amnesty International, London
Re COMPLAINT – Mr. MAHMUD HESENPUR A VICTIM OF ARBITRARY SENTENCE ISSUED BY AN IRANIAN JUDGE
Further to our Complaint (Ref: 382/2006 on 17 September 2006) regarding arbitrary treatments of detained activists of Southern Azerbaijan by relevant authorities of the Islamic Republic of Iran, we have further evidence on one particular case. This is the Case of Mr. Mahmud Hesenpur Sheikh Rejeb, whose sentence was actually issued on 9 August 2006 and we received a copy of it on 14 September 2006 (subsequently published on 15 September 2006 in various Azerbaijani websites). Regrettably, we overlooked this case but have just rediscovered the significance of this sentence as it is firm evidence to some of the points we have made in our above Complaint. We therefore use this firm evidence and lodge a Complaint purely for this particular case.
We would like to emphasise that it is our own initiative to lodge this Complaint. Thus, we have not consulted with Mr. Mahmud Hesenpur Sheikh Rejeb, his family or his lawyer. We purposely mention this to manage the risk of authorities’ reprisals against the individuals concerned.
The Particulars of the Case
The Case concerns the Sentence issued by the Prosecutor, Mr. Vahdat, the Chief of Department 110, Criminal Court of Tebriz, on 2 August 2006 and apparently issued on 9 August 2006. The copy of the original is attached together with its translation for your perusal. We would like to draw your attention to the following issues:
(i) Medical Procedure: obtain medical certificate;
(ii) The Weather Conditions: (select)** a fine pleasant day;
(iii) Place of Punishment: (Take the convict to a place) out of the public view;
(iv) The Clothing Condition: normal clothing (without stripping);
(v) Application of the Punishment: apply lashing to all over the body with exception of his head, face and private parts;
** The expressions within the brackets are ours to assist the rephrasing in the source text.
We are not sure if the unusually detailed specification of the procedure for carrying out the sentence makes up a mitigation basis for the victim or it is the prosecutor’s discretion. Even if it is not relevant to the case, the above procedure exposes the substance of dialogue of civilizations, as promoted by Messrs Khatami and Rafsanjani, two former presidents of the Islamic Republic of Iran. However, irrespective of the ideology of the Iranian theocracy, we wish to lodge our complaint on the following basis:
We therefore request you to kindly defend human rights of Mr. Mahmud Hesenpur to avert the sentence, at least the lashing.
The Committee for the Defence of the Rights of World Azerbaijanis