Date: 22 Nov 2006
The Office of High Commissioner for Human Rights, Geneva,
Please circulate this letter to Special Rapporteur on (i) Arbitrary
Detentions and on (ii) Working Group on Enforced or Involuntary
CC Mrs. Harrison, Amnesty International, London
Re COMPLAINT: THE CASE OF MR. ESGER EKBERZADE IS HELD INCOMMUNICADO
Please find enclosed a new Complaint for safeguarding human rights
of Mr. Esger Ekberzade, a 21 years old Southern Azerbaijani
students, writer and activist from Erdebil, who has been deprived of
his liberty by security agents since 31 October 2006. His
particulars are provided to you in the attached form, which provides
detail evidence that the relevant Iranian authorities are treating
arbitrarily human rights of this young Southern Azerbaijani.
We draw your attention to the Urgent Action issued by Amnesty
International (AI Index: MDE 13/124/2006 on 17 November 2006)
campaigning for human rights of this young man. It is important that
this case is seen within the context of the Southern Azerbaijani
national movement and arbitrary treatments of the Iranian
authorities. Indeed Amnesty International elaborates on both.
We are confident that is no other route to refer to for ensuring the
prevalence of human rights of Mr. Ekberzade. We believe you are the
only authority with the right mandate empowered to defend Mr.
Ekberzade's human rights. We therefore lodge this new Complaint
case. The justice for Mr. Ekberzade now rests before you. Thank you
in advance for your care.
The Committee for the Defence of the Rights of World Azerbaijanis
The Complaint Form Proving the Particulars of Mr. Esger EKBERZADE
Working Group on Arbitrary Detention
c/o. Office of the UN High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211, Geneva 10
1. Family name: Esger (Asghar)
2. First name: Ekberzade (Akbarzadeh)
3. Sex: (M/F)
Marital status M
4. Date of Birth (age): 21
5. Nationality Southern Azerbaijani, Iranian citizen
6. (a) Identity document:
(b) Issued by:
(c) On (date): " Not available yet
" Possibly issued by the Erdebil General Registry
" Not available yet
7. Profession / activity " A chemistry student at the Payman-e-Noor
University of Ardebil
8. Place of usual residence Erdebil,
(This was the case of Abduction)
1. Date of arrest: Amnesty International (AI): He "was reportedly
detained on 31 October"
2. Place of arrest: AI: Outside the University premises
3. Forces who carried out the arrest or are believed to have carried
it out: AI: He "was arrested by plain-clothes individuals believed
to be officials from the Ministry of Intelligence (Ettela'at). Since
this time, his family have received no news about him."
4. Did they show a warrant or other decision by a public authority?
There is no direct information on this but as you will see below,
this is highly unlikely
5. Authority who issued the warrant or decision: As above, this is
not known and highly likely that overt security agents are often
6. Relevant legislation applied (if known): As above, highly
unlikely that there was ever the compliance with any legislation
1. Date of detention The process of arrest, remanding in custody and
detaining is hardly applicable here. Basically overt agents have
decided to arrest this individual and seemingly they have gone ahead
with it. The support for this is evident from the statement by AI:
"His mother has reportedly repeatedly gone to Ardebil Court, and the
office of the Ministry of Intelligence in Ardebil, seeking news of
her son, but the authorities have reportedly refused to confirm his
whereabouts, or even that he has been arrested."
2. Duration of detention We assume that he has been detained since
his arrest and now this is more than three weeks.
3. Forces holding the detainee under custody As in II.5, above, this
is not known directly but overt security agents often arrest and
interrogate detainees at will where torture is at their disposal and
there is no record that they have ever been reprimanded for their
4. Places of detention AI: he "is believed to be held incommunicado
at an undisclosed location, where he is at risk of torture."
5. Authorities that ordered the detention As in II.5, and III. 3,
above, this is not known directly but overt security agents are well
capable of detaining any individual including Esger Ekberzade.
6. Reasons for the detention imputed by the authorities Typically,
the authorities carefully cover their track let alone issue any
statement to describe the reason for the detention
7.Relevant legislation applied Arbitrariness
8. Sentence The case has not developed to that stage yet
IV. Describe the circumstances of the arrest and/or the detention
and indicate precise reasons why you consider the arrest or
detention to the arbitrary
Esger Ekberzade has been arbitrarily detained in the past. Amnesty
International (AI) provides the following information: "Asghar
Akbarzadeh was previously arrested on 25 May 2006, two days before a
demonstration in Ardebil. He was released after around 12 days in
detention. On the day of the demonstration in Ardebil, while Asghar
was detained, officials from the Ministry of Intelligence searched
his family home after cutting the telephone line. They left without
taking anything. Prior to Asghar Akbarzadeh's arrest, officials from
the Ministry of Intelligence came to the family home on two
occasions looking for Asghar, but he was not at home."
The above information by AI indicates the depth of arbitrary acts
that are taken for granted by security agents. These culprits have
no understanding of human rights. We submit our Complaint based on
the fundamental premise that Esger Ekberzade is deprived of his
liberty and his human rights are violated. In principle we base our
Complaint on Principles: 6, 10 and 11 of the UN Body of Principles
for the Protection of All Persons under Any Form of Detention or
Imprisonment (1988) which state that:
1. No person under any form of detention or imprisonment shall be
subjected to torture or to cruel, inhuman or degrading treatment or
2. No circumstance whatever may be invoked as a justification for
torture or other cruel, inhuman or degrading treatment or
Anyone who is arrested shall be informed at the time of his arrest
of the reason for his arrest and shall be promptly informed of any
charges against him.
1. A person shall not be kept in detention without being given an
effective opportunity to be heard promptly by a judicial or other
authority. A detained person shall have the right to defend himself
or to be assisted by counsel as prescribed by law.
2. A detained person and his counsel, if any, shall receive prompt
and full communication of any order of detention, together with the
3. A judicial or other authority shall be empowered to review as
appropriate the continuance of detention.
As the Islamic Republic of Iran has been party to the UN
International Covenant on Civil and Political Rights since 1975, due
obligations have to be challenged else human rights by and large can
The data presented above is solid evidence that at least Principle
6, 10 and 11 has been violated in the case of Esger Ekberzade.
Iranian authorities seem to have not fulfilled any of their
obligations to ensure human rights of Esger Ekberzade. To date his
family members are still in the dark on whereabouts of their loved
We submit to you that his justice rests in your hand.
V. Indicate internal steps, including domestic remedies, taken
especially with the legal and administrative authorities,
particularly for the purpose of establishing the detention and, as
appropriate, their results or the reasons why such steps or remedies
were ineffective or why they were not taken
The case speaks for itself, as there is no internal mechanism.
However, there are plenty of internal mechanisms to amplify
Mr. Boyuk Resuloglu
On behalf of:
The Committee for the Defence of the Rights of World Azerbaijanis
Ayna, Sherifzade 1, Baki, Azerbaijan; Tel/Fax +47-99399225; Email:
Date: 22 November 2006 Signature: ……………............……
Please note that we transcribe the names directly from Azerbaijani
Turkic into English and therefore the Persian way of transcribing
the names are given below:
Azerbaijani Transcription Persian style transcription