No.: 400/ 2006

Date: 18 October 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

 

Mr. Abbas Leysanli

Dear sir/madam,

Re       UPDATE OF A COMPLAINT ON THE GROUNDS OF ARBITRARY TRIALS CONCERNING MR. ABBAS LEYSANLI (LESANI)

We refer to our formal complaint against the relevant authorities of the Islamic Republic of Iran violating human rights of Mr. Abbas LEYSANLI (also known as: Lisani or Lesani) on 31 August 2006 (our letter Ref: 378/2006). At the time, the relevant Iranian authorities were depriving Mr. Leysanli of his liberty, as well as pressing six concurrent court cases against him defining the scale of the arbitrary actions suffered by Mr. Leysanli. We provided the translation of one court sentence for your attention and objected to its charges and verdict. Now we have another such court sentence for your attention and an update and further evidence for the substantiation of our Complaint.

We are pleased to let you know that Mr. Leysanli was released on bail (amount: 80 million Riyal, equivalent to $8000) on 26 September 2006 at 2.00 p.m. His release, even on bail, was not expected and therefore we attributed this to the probable application of your mandate on safeguarding Mr. Leysanli’s human rights and undoubtedly to the Urgent Action by Amnesty International. We are grateful for all campaigns, even though we remain in the dark on your confidential actions. Although his release on bail was significant, efforts directed at safeguarding his human rights should not falter.

The Sentence on Case 2, as referred to in our Complaint, is the point of this Update. The Judge appears very capable of violating human rights and has no understanding of the right to demonstration. He falsely accuses Mr. Leysanli of arson and completely discards Mr. Leysanli’s defence. Now Mr. Leysanli speaks in freedom and completely rejects the accusation. Please refer to a recent telephone interview of Mr. Leysanli in Radio Ferda, where he states his unequivocal commitment to non-violent and democratic means of struggle: http://www.azadtribun.net/Farda1.mp3.

Once again, we would like to mention that we have not consulted with Mr. Leysanli in compiling this update. It is necessary to mention this, as the authorities are intimidating activists particularly when they are released on bail. We endeavour to inform you in the near future of the tactics employed by the authorities to intimidate Southern Azerbaijani activists but at this point we protest in the strongest terms against acts such as lashings of these highly intelligent individuals. We believe such acts reflect the racist mindset underlying the Islamic Republic of Iran.

As part of our Complaint for safeguarding human rights of Mr. Leysanli, we request your kind action towards quashing all cases against Mr. Leysanli; restoring his right to freedom of speech; lifting of the ban on Mr. Leysanli’s business and appropriate compensation for this. We thank you in advance.

Yours faithfully,

Boyuk Resuloglu

For and on behalf of

The Committee for the Defence of the Rights of World Azerbaijanis

No

The Translated DocumentsCase 1 – Translated Document No 1: The Court Sentence

 

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Translator’s Note: The source document is very wordy and unfamiliar to English readers. We have therefore sufficed to a concise version of the Sentence. The Verdict  of  two pages long is written in one single sentence!

Emblem of the Judiciary of the Islamic Republic of Ira

Ref:                                                           14-85/5/22

Judicial Authority:                                 Keleyber (Kaleybar) Revolutionary Court

Supreme Authority of the Court:        Mr Nemati

Plaintiff:                                                   Central Intelligence office

Defendant:                                              Abbas Lesani, of Erdebil (Ardabil), Khiyaban-e-Mojez, Shehid Yusuf Qaffari Street, Number 15P

Accusation:                                            Spreading anti government propaganda

Verdict of the Court

With reference to accusations of Mr Abbas Lesani with following particulars:

Name:                       Abbas Lesani

Fathers name:         Esed

Marital status:        Married

Profession:              Butcher

Intellectual status: Educated

Having considered that the role of the accused in:

1.        Creating public disorder

2.        Participating in illegal marches and gatherings for the purpose of causing social disorder all over Erdebil during the afternoon of Saturday 27 May 2006.

3.        Participating in intentional arson and destruction of state-owned properties.

4.        Encouraging members of the public to commit illegal activities on the aforesaid date which resulted in fire and destruction of approximately 66 private and state owned banks, Refah Supermarket and Traffic Police Station in Erdebil, causing damages to people’s vehicles, in particular to the vehicles carrying government number plates

After considering contents of the reports issued by security and security agents of the Ministry of Intelligence in Erdebil, carrying out customary investigations and the fact that the accused had escaped after participating in the uprising of 27 May 2006 which eventually resulted in his arrest by security forces.

According to the information gathered from the other detainees, it became apparent that the accused had distributed leaflets containing emotional and nationalistic ideologies with the purpose of encouraging them to participate in the marches which took place on the above date.

A quantity of documents was discovered from the butchery shop of the accused, which indicated that prior to the demonstrations on above date, he had the intention of organising illegal demonstrations and marches. It is evident from the complaints issued by such banks as: Mellat, Saderat, Sepah, Refah, Melli, Parsian and Maslan and also from Refah Chain Stores and Bank keshaverzi in Erdabil that they all suffered financial losses as a result of the said demonstration and that the accused was one of its main organisers.

Also, the accused was present at the centre of the demonstrations which stretched from Sarcheshme Square until Sherieti Square. Throughout the demonstrations he was carried on the shoulders of the other participants. Video films taken by security and information agents (attached to the file) are evidence of the above claims.

Furthermore, large volume of recordings of the telephone conversations of accused with certain individuals who somehow were involved with organising of the illegal marches of 28 May 2006 indicates that he was a decision-maker for making public speeches in where and when.

As it is evident from the investigations and in accordance with the confessions of the accused regarding his presence in the illegal gatherings of 28 May 2006 in Erdebil, his and his honourable lawyer`s pointless efforts to prove his innocence in disturbing peace, encouraging others to cause destruction and fire, by considering other evidences present in the file and in accordance with Articles 618, 676, 677,43, 47, and 727 of the Islamic Penal Law the following verdict have been issued:

The accused is sentenced to ten months imprisonment and fifty lashes for disturbing the peace, causing public disorder by encouraging others to behave in irrational ways on Saturday 28 May 2006 which resulted in complete lack of law and order in Erdebil.

He is further sentenced to serve six months imprisonment for participating in destruction and burning of public and private properties.

The above sentences were issued in the presence of the accused and an appeal may be considered in the honourable Court of Appeal of Erdebil.

Judiciary of Department 105 of general Court of Erdebil

Hosseinian

Copy corresponds with the original

Signature of Clerk of the Court

Parviz Akberi-Hooshyar

Azərbaijani Turkic
 

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