No.: 430/ 2007

Date: 1 January 2007

The Problem of Southern Azerbaijan

The Office of High Commissioner for Human Rights, Geneva

                Please circulate this letter to the Working Group on Arbitrary Detention (also for Fair Trials), this is also relevant to:

·    Special Rapporteur on the independence of judges and lawyers

·    Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

·   The Independent Expert on Minority Issues

CC      Mrs. Harrison, Amnesty International, London

 

Mr. Abbas Leysanli

Prisoner of conscience

Dear sir/madam,

Re     UPDATE NO 4 ON THE COMMUNICATION REGARDING MR.ABBAS LEYSANLI

Southern Azerbaijan is impatient for a public statement by your good office for the defence of our national rights and human rights of our activists who are arbitrarily imprisoned or gagged by suspended prison sentences. In particular, this communication updates you regarding the case of Mr. Abbas Leysanli, by providing the following documents:

Table 1:    The translation of the verdict issued by Iranian authorities following his appeal

Table 2:    The log of our Communications for safeguarding Mr. Leysanli’s human rights

Table 3:    A news item unravelling the mindset of Iranian authorities that relevant authorities are also controlling the rubbish bin of the Leysanli’s family

The situation is that he has been transferred from Tebriz Prison to Erdebil Prison. As Mr. Leysanli is a native of Erdebil, the imprisonment in Tebriz and then the transfer to Erdebil are mystery to us and there is no explanation to this yet. The appeal of his lawyer is now in the Supreme Court of Justice against the unprecedented increased sentence. However, we hold that the whole of this case as well as all the other cases (a total of 5 or 6 cases) are all illegal and with your help they must be quashed. All the charges are infringing Mr. Leysanli’s human rights; interrogations have been without the presence of Mr. Leysanli’s lawyer; he was denied access to a lawyer most of the times; he has been tortured; the trails have been in closed sessions; and there is a collusion among the various Iranian authorities to deliver premeditated sentences.

Mr. Leysanli is a writer, a poet and protagonist of the national rights of the nation of Southern Azerbaijan as a leading figure of the national movement. We are outraged that the authorities are even controlling the Leysanli family’s rubbish bin, apparently expecting the family to starve. If the mandates entrusted upon you are not used to defend Mr. Leysanli’s human right, the outrageous acts of the Iranian authorities will disgrace human rights. We trust that you have already made appropriate arrangements to visit him. We will never give up defending Mr. Leysanli’s national and human rights and those of some 100s of Southern Azerbaijanis prisoners of conscience including those who are gagged with suspended prison sentences. Southern Azerbaijan deserves your attention for a long time and we hope that you will issue a series of statements putting the records right. We thank you in advance for your care.

Yours faithfully,

Boyuk Resuloglu

For and on behalf of The Committee for the Defence of the Rights of World Azerbaijanis

Table 1.1: THE DETERMINATION TO THE APPEAL

The Translation of Appeal Document Passed to Mr Leysanli’s Case and

 

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THE SEAL OF THE ISLAMIC REPUBLIC OF IRAN

File No:           K300-85/1                   Verdict No.: 313-85/8/9

Appealer: 1. Honourable Prosecutor and Revolutionary Court in Erdebil, 2. Abbas Lisani, son of Esed; Address: Mojuz Street, Shehid Qaffari Road, No. 15

The case is defended by Mr. Seyid Mehemmed Rza Feqihi: Tehran, Heft-tir Street, Along South flank of Al-Javad Mosque, Bekhtiyar Street, No. 81, Second floor, the Office

Appeal Parties: against one another

Appeal Case: Request for appeal on the case of File Ref: 630-85/7/5 issued by Branch 105 of the General Penal Court, Erdebil

The Verdict of the Court

This document is with regard to Mr. Abbas Lisani’s appeal (son of Esed) and defended by Mr. Seyid Mehemmed Rza Feqihi, a first grade lawyer of the Ministry of Justice, regarding the Case: 85/7/5/-630 issued within File 546-75/105 of Branch 105 by the General Penal Court, Erdebil. The view is that:

  • No effective appeal was lodged by the Appealer and his Lawyer to bring under question the sentence issued earlier on the case;
  • The various subjects mentioned in the Appeal is a repeat of those mentioned during preliminary investigations and they were expressed then and investigated by the honourable Judge at the preliminary stages;
  • The Appeal is not within the guidelines of Article 240 of the Regulations for Assessing Judiciary Procedures of General and Revolutionary Courts (approved in 1998);
  • The sentence issued for acts committed was within the traditions of the “Shariat” and law including the methods employed to assess; as well as it the law and procedures were correctly applied for assessing te case; and we do not see any reason for its (their) violation(s). (Translator’s note: the sources document is in singular).

However, it was considered that the sentence was too little for the quantity and quality as well as the intensity of the acts committed by the accused on 27 May 2006 riots, and therefore the honourable General and Revolutionary Prosecutor in Erdebil made a different determination. He considered that the sentence issued was not proportional to the acts committed and to the role of the accused in the destruction and arson on 27 May 2006. He objected to the sentence according to Article 22, Sub-clause 3 of the law as the amendment of the law for Forming General and Revolutionary Trial Courts and requested the intensification of the sentence as well as issuing a complementary sentence by depriving him from living in Erdebil Province and forcefully exiling the accused to other parts of the country.

The Court is obliged to the General and Revolutionary Prosecutor and considers the reasons and the evidences in the file, and therefore the sentence shall be intensified based on the punishment law approved in 1998 from 10 months to one year of punitive verdict. This considers the days already spent in the prison during the detention for undermining peace and security by way of unusual movements and making noise on Saturday 27 in the scale of the city of Erdebil. The court also reconfirms the other punishments mentioned in appeal and in addition brings the complementary sentence on the convict. This is because he had a deliberate and leading role in committing these acts and therefore the punitive sentence determined by the law is not sufficient to reproach him.  The Court refers to Article 19 of the Islamic Penal Codes approved in 1991 (1372/11/5-590) and the honourable board of the Supreme Court of the country imposed three years of forceful exile to be spent in the town of Tebes in Yazd Province. This shall be a complementary sentence. This issued sentence is final as a verdict according to Article 248 of the law on the procedure for General and Revolutionary Courts.

The Head of Branch 1 of the Appeal Court, Erdebil

Gholamrza Khalaf Rezai

Signed by Chief of Branch 1 of the Appeal Court, Erdebil

Sadyar A’talu


 

 Table 1.2 

        Source Document

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Table 2: The Log of Communications for Safeguarding Human Rights of Mr. Abbas Leysanli

The Communication submitted (inappropriately referred to as complaints):

Ref: 378/ 2006 on 31 August 2006

 

Updates:

Ref: 403/ 2006 on 30 October 2006

Ref: 399/ 2006 on 18 October 2006

Ref: 408/ 2006 on 1 November 2006

Ref:  4xx/ 2007 on 2 January 2007 – this letter

 

Indirect Correspondences:

Ref:  372/ 2006 on 28 August 2006

Ref:  365/ 2006 on 19 August 2006

Ref:  355/ 2006 on 28 July 2006

Ref:  353/ 2006 on 24 July 2006

Ref:  350/ 2006 on 18 July 2006

Ref:  338/ 2006 on 18 June 2006

Ref:  333/ 2006 on 8 June 2006

 

Table 3: A News Item on Mr. Leysanli’s Family “Rubbish Bin”

 

The rubbish bin of the house of Mr. Abbas Leysanli is being controlled by agents of the Ministry of Information. The news received from Erdebil Prison indicates that the office of the Ministry of Intelligence in Erdebil is smearing him and his family, as usual, with illusive dollars. In proving their absurd slanders a prison official had told Mr. Leysanli in the prison that “we see fruit peels in your rubbish bin everyday. We were expecting that your family would not have bread to eat for the reason of a complete shutdown of the family business but instead we see fruit peels everyday in the rubbish pack handed by your family. This proves that the dollars have been delivered to your family and as a result they are able to eat fruits.

Here is the scenario that: the Leysanli family is withstanding all these pressures; their resistance and defiance is a lesson to us all; and they are turning into a thorn in the eye of the enemies of the national movement.

The important issue is that why the enemies are really dreading the national movement of oppressed Southern Azerbaijanis. Let us pay attention to how the Leyysanli family is heroically defending the national rights of the nation of Southern Azerbaijan; let us see the depth of this resistance; and let us see how the enemies are even dreading the family’s rubbish bins and control it.

Anyway, the national movement of Southern Azerbaijan will not be halted by these imprisonments, torture and the iron-grip of the Ministry of Intelligence. The more the pressure the closer the day of the collapse of Perisan chauvinism and “Aryan” apartheid. Afterall all these pressures and controls are like a pinch of soil in a vast desert.

The Future is Ours.

Long Live Azerbaijan

The News Item was compiled and released by Turan Erdebilli

Source Document

سطل آشغال (زباله) منزل آقای عباس لساني هم از طرف مامورین اطلاعات کنترل می شود. از زندان اردبیل چنین خبر می رسد که باز هم مثل همیشه اطلاعات اردبیل برای تهمت و انگ زدن به عباس لسانی از دلارهای خیالی داده شده به خانواده عباس لسانی خبر می دهد. و در اثبات ادعاهای دروغین و پوچین گفته اند که : هر روز در سطل آشغال منزل شما پوست میوه می بینیم ما انتظار داشتیم خانواده ات به خاطر نبود در آمد نان برای خوردن نداشته باشد اما هر روز پوست میوه در نایلون زباله درب منزل شما دیده می شود و این ثابت می کند که دلارها به دست خانواده شما رسیده که میوه می خورند.!!!!!!!!!!!!!!!!!!

چشم دشمنان آذربایجان کور بر خلاف انتظار دشمنان حرکت ملی , شکر خدا خانواده آقای لسانی خیلی هم خوب ایستاده اند و خوب هم مقاومت کرده و می کنند و خاری در چشم دشمنان آذربایجان هستند.

اما مساله مهم اینجاست که ببینید چطور دشمنان آذربایجان از حرکت حق طلبانه ملت مظلوم آذربایجان و فرزندان غیور حرکت ملی می ترسند.و باز دقت کنید که آقای عباس لسانی و خانواده قهرمانشان چطور در دفاع از حقوق انسانی ملت مظلوم آذربایجان مقاومت کرده اند و تا چه حد در این مقاومت ملی قهرمانانه ایستاده اند که فاشیزم فارس و نوکران و جیره خواران آنها حتی از سطل آشغال منزل لسانی هم می ترسند و تحت کنترل شدید می گیرند.

در هر حال حرکت آزادی آذربایجان با زندان ها و شکنجه کردن ها و کنترل ها ی شدید اطلاعات و آپارتاید آریایی خاموش نخواهد شدو فاشیزم فارس این آرزو را به گور خواهد برد. و این کنترل ها نشاندهنده عظمت حرکت ملی ما و نزدیک شدن پیروزی قریب الوقوع ما و پایان استیلای شوم فاشیزم فارس و آپارتاید آریایی است. چرا که این کارهای اطلاعات و این کنترل ها به مانند دست انداختن به خاک و خاشاک است.

در هر حال٫
گله جک بیزیم دیر

یاشاسین اذربایجان
اردبیللی توران

 

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