Date: 25 March  2008

No.: 489/ 2008

The Problem of Southern Azerbaijan

 

The Office of High Commissioner for Human Rights, Geneva

Please circulate this letter to (i) The Working Group on Arbitrary Detention (also for Fair Trials) and (ii) Special Rapporteur on the independence of judges and lawyers. It is also of interest to:

·    Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

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

·    The Independent Expert on Minority Issues

CC      Mr Dyke and Mrs. Harrison, Amnesty International, London

Also:   Human Rights Watch and Human Rights Server

 

 

Mr. Abbas Leysanli

 

a prison of conscience

 

 

 

 

 

 

 

 

 

Dear sir/madam,

COMMUNICATION 2: A NEW DIMENSION ON THE VIOLATION OF MR. LEYSANLI’S HUMAN RIGHTS BY IRANIAN AUTHORITIES

Please find enclosed Communication 2 for safeguarding national and human rights of Mr. Abbas Leysanli. This stems from a court case arbitrarily pressed by Iranian authorities against Mr. Leysanli and relates to the exercise of his basic human rights of freedom of expression and association in the summer 2005 during the Annual Babek Assembly.

In order to manage the complexity of arbitrary cases pressed by Iranian authorities against Mr. Leysanli, the table below outlines an overview. These court cases are numbered according to their chronologic order and our correspondences have been supporting Court Cases 5 and 6 through Communication 1 (Ref: 378/2006 on 31 August 2006) and its updates. The present Communication is related to Court Case 3.

Court Cases Pressed by Iranian Authorities against Mr. Abbas Leysanli

Court Cases

Inception date

Outline of the Case

Status of the case

Further information

Court Case 1

25 Aug. 2003

Annual Babek Assembly-1

Closed

Ref: 246/2003 on 2 Sept. 2003

Court Case 2

22 June 2004

Sit-in Protests

Possibly closed

Ref: 246/2003 on 2 Sept. 2003

Court Case 3

27 June 2005

  Annual Babek Assembly-2

Communication 2

 Ref:283/ 2005 on 4 July 2005

Court Case 4

28 June 2005

The Baghir Khan Assembly

Ongoing

Ref: 246/2003 on 2 Sept. 2003

Court Cases 5-6

27 May 2007

  The May 2006 Mass Protests

Communication 1

 Ref: 378/2006 on 31 Aug 2006

The history of this case is three years old, and now that the authorities of the Islamic Republic of Iran are still digging into these cases, it is clear that arbitrary treatments of Mr. Leysanli are escalated to new heights. , as a result of which we submit this Communication 2 with updates to follow in a due course.

In order to manage the complexity of the information, they are tabulated as follows:

Table 1:  Your standard form filled to cover Case 3

Table 2:  Reclassification of the Cases pressed against Mr. Leysanli by Iranian authorities

Table 3:  Supporting evidence for Communication 2 in the form of the sentence issued by the court

Table 4:  An introduction to the Annual Babek Assembly

 

Table 5: Presents excerpts of the statement by Mr. Feqihi, Mr. Leysanli’s lawyer, who confirms that there is no legal basis for this deportation and Mr. Leysanli is an exemplary prisoner.

Please note that the recent Urgent Action by Amnesty International (MDE13/050/2008 on 17 March 2008) attributes the current imprisonment to Mr. Leysanli’s attendance to the Annual Babek Assembly in 2003 – in our terms to Court Case 1. We believe this is incorrect, as that Court Case 1 is closed. Our knowledge of the case agrees with the information given by Mr. Feqihi, Mr. Leysanli’s lawyer that this is related to Court Case 3. However, we will investigate this further.

We regard Mr. Leysanli as a symbol of human rights and a national leader who is defending national and human rights of the nation of Southern Azerbaijan even when he is a helpless victim in the dungeons of the Iranian authorities. Naturally, we have been stretching our resources to cover his cases and despite the iron curtain of disinformation imposed by Iranian authorities and Iranian opposition groups, we have maintained the flow of authentic information to you, thanks to the relentless Southern Azerbaijani activists.

We are confident that you do recognise the gravity of the situation; will use your mandates to restore human rights of Mr. Leysanli; and speak up for his national rights. Thank you in advance for your care.

Yours faithfully,

Boyuk Resuloglu

The Committee for the Defence of the Rights of World Azerbaijanis
 

Table 1:    Communication 2 - The Form with the Particulars of Court Case 3 Pressed by Iranian Authorities against Prisoner of Conscience Mr. Abbas Leysanli

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
 Switzerland

I. IDENTITY

1. Family name:

Leysanli (also known as Lesani or Lisani)

2. First name:

    Father’s name:

Abbas

Esed

3. Sex:  (M/F)

Marital status

Male

Married

4. Birth of date (age):

23   August 1967

5. Nationality

Southern Azerbaijani; Iranian citizen

6. (a) Identity document:

(b) Issued by:

 (c) On (date):

·      Not available

·      Not known but it is normally issued by the Registry Office of Erdebil

·      Not available

7. Profession / activity

·      Self Employed

·      Poet and writer

8. Place of usual residence

Erdebil ( Ardabil ), Khiyaban-e-Mojez, Shehid Yusuf Qaffari Street , Number 15P

II. Arrest

 

Mr. Leysanli has suffered a series of arbitrary detentions and six court cases, as defined in Table 2. This Communication is related to the violation of his human rights by Iranian authorities in relation to the annual Babek Assembly in 2005. He was detained in the summer 2005 but was released with a court proceeding whenever fitted the Iranian authorities. On 30th of December 2007 he completed two collective prison sentences in relation to Court Cases 5 and 6 but he was straight taken to Eher prison. There is no official communiqué but it is believed to be related to Court Case 3, as defined in Table 2. So we have to respond to the questions in parallel (i) in relation to the proceedings in 2005 and (ii) in relations to the proceedings in 2008.

 

2005

2008

1. Date of arrest:

 

 

2. Place of arrest:

Babek Hotel, at the foothills of Babek Castle, Keleyber

He was in Erdebil prison waiting to be released after completing two sentences but instead he was sent to Eher prison.

3. Forces who carried out the arrest or are believed to have carried it out:

The victim was kidnapped by a couple of security agents

Prison officers – it is not known whether by prison officers of Erdebil or of Eher

4. Did they show a warrant or other decision by a public authority?

He was kidnapped

We believe the transfer was illegal because his appeal has not yet been processed.

5. Authority who issued the warrant or decision:

This is not known exactly. Security agents from Erdebil were following him for a number of days to prevent him from taking part in the Annual Babek Assembly but equally it could be security agents in Eher or Keleyber

There is no official statement and we are pretty sure that the transfer from Erdebil to Eher was illegal

6. Relevant legislation applied (if known):

Arbitrary arrest

There is no official statement and normally no statement is issued.

III. DETENTION

1. Date of detention

We believe the arrest was with the intention of detention

We believe the arrest was with the intention of detention

2. Duration of detention

11 days were spent in detention

Ongoing

3. Forces holding the detainee under custody

Assumed to be security agents of the Ministry of Intelligence

1. Assumed to be prison authorities in Eher from 31 Dec 2007 to 6 March 2008

2. Assumed to be the authorities of the central Yazd prison in Farsi-speaking provinces

4. Places of detention

·      Eher prison

·         Eher prison

·         Central Yazd prison

5. Authorities that ordered the detention

No formal statement has ever been issued

No formal statement has ever been issued

6. Reasons for the detention imputed by the authorities

The sentence issued by the Iranian authorities and published by the Leysanli family is the only source of any official information, according to which the charges were:

1.       Actively participating in many special and illegal ceremonies such as annual assembly at Babek Castle,                                                                                                              

2.       Encouraging other members of the public to participate in that Assembly,

3.       Preparing placards of various sizes in Turkic Azerbaijani written in Latin alphabet,

4.       Reciting Azerbaijani poems, preparing and reading other relevant materials to other participants,

5.       Preparing and distributing Turkic National Calendar within the province and nationwide,

6.       Keeping in close contact with people of similar opinions and other compatriots,

7.       Intending to promote Azerbaijani Turkic nationalism and independence,

8.       Keeping in touch with other individuals of similar ideologies within Iran and abroad, using the Internet to send messages to various websites etc.

 

7.Relevant legislation applied

Section 500 of Islamic Penal Codes

Nothing has been released officially

8. Sentence

One year of imprisonment

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

2005

2008

 

The victim used to take part in the Annual Babek Assembly (see Table 4 for background information on this annual event). The events took place as follows:

·         27 June 2005: He was presented with an order from the Justice Department in Erdebil by security gent not to participate in the Annual Babek Castle Assembly and had to present himself to the office of the Ministry of Information in Erdebil the next day. The victim then rejected them on the grounds that no authority is empowered to remove his right and freedom of association and called this summon as an illegal act on the basis of Article 9 of the Constitution of the Islamic Republic of Iran.

·         28 June 2005: Rejecting the summon, three security agents called in at his house around 12 noon and searched there thoroughly but failed to find anything. This act did not even bother his three children playing in the garden of their house, signifying that the atmosphere of fear created by security agents were being a normal feature of their lives.

·         28 June 2005: The victim headed with his family to Babek Castle at 10 pm even though his house was under usual surveillance. In the following act of cat-and-mouth chasing, he managed to lose them and making his way to the castle.

·         29 June 2005 – am: The victim and his family arrived at the Babek Hotel at 7:00 am.

·         29 June 2005 – pm: Around 5:00 pm, he was kidnapped by a couple of security agents posing as hotel guests.

He spent 11 days in Eher prison, where he protested against this illegal detention by resorting to 8 days of hunger strike. This led to another sentence of one year of imprisonment.

The victim was deported arbitrarily by Iranian authorities on 6 March 2008 from Eher prison at the 100 Km of his hometown to the central Yazd prison 2000Km away from Erdebil. The victim was subjected to physical violence by being battered and kicked. During the deportation he was handcuffed and shackled.

 

The absence of a legal basis for this deportation is discussed by the victim’s lawyer, Mr. Feqihi and this is given in Table 5. He believes that there is no basis for this legal deportation and the authorities are in breach of their own laws. He also claims that the victim was an exemplary prisoner with a high standard of conduct.

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 fundamental problem is that the Iranian authorities are obstinate and act arbitrarily. His family is under a continual threat. For instance, M. Leysanli’s telephones have been disconnected and she is not allowed to publicise her husband’s ordeals. There is definitely no internal proceedings to be taken.

In both occasions, the victim was left with no option other than to resort to a hunger strike.

VI.  

Full name

Mr. Boyuk Resulogly

The Committee for the Defence of the Rights of World Azerbaijanis

Address:

Ayna, Sherifzade 1, Baki, Azerbaijan; Tel/Fax +47-99399225; Email: Boyuk_Resuloglu@hotmail.com or 

 bo-diza@online.no

Date: 23 March 2008              Signature: ……………............……

       

Table 2: Chronological Overview of the Total Cases Brought Against Mr. Leysanli by Iranian authorities

Introduction

The following chronology is a summary of the sequence of arbitrary repressions inflicted on Mr. Abbas Leysanli by the authorities of the Islamic Republic of Iran – for more detail please refer our Update 11; Ref 488/2008 on 23 March 2008.

 

Prior to 1997

He is known to have been under pressure from security agent by enduring insults and constant harassment

Prosecutions without Court Proceedings

Between

 

May 1997

 

And

 

2004

Waves of repressions:

·         May 1997: First formal prosecution came through interrogations and an increased degree of pressures to the point of torture, intimidations and threats.

·         Summer 2002: Participated in the Babek Annual Assembly, and witnessed the transformation of this annual gathering into an organized assembly with several speeches, concerts, poetry reciting, and plays

·         15-17 March 2003: Iranian security agents searched his house and business, but this time they had a court order and confiscated his intellectual properties

·         2003-2004: Iranian authorities failed to recruit him as an informant. After this they increased their harassment through the local police apparatus.

·         22 May 2003: interrogated him for three hours and was warned not to attend not to attend the Babek Annual Assembly. His reply was: “this is my right and I will attend at all costs.” The response of the agents was: “if you go you will be dead.”

·         25 October 2003: Organized a commemoration to be held at the mausoleum site of the Southern Azerbaijani historian, Prof. Mehemmed Taghi Zehtabi. Through persistent intimidations the event was cancelled.

 

Assumed: 17 July 2003

Court

Case

1

He arrived to Babek Hotel, in Keleyber at the outskirt of the Babek Castle on Thursday, 5:00 pm and carried out the annual ceremony in front of a very tightly policed.

 

25 August 2003

Court

Case

1

Court Case 1:

He was forced to a car by security agent around 4:30-5:00 pm; taken to an unknown location; and in parallel with this, his house and business was searched, confiscating all his written material in Azerbaijani Turkic, which was an illegal act. He was detained in a solitary confinement in the Ministry of Information, during which he was subjected regularly to interrogations including an hour of physical torture and 2-3 hours of intensive and repeated questionings in each session. He resorted to a hunger strike for 5 days as a protest to these arbitrary acts but was then transferred to Erdebil prison after 20 days. This led to a court case and an arbitrary sentence of 1 year and exile to Masjed- Soleyman in the province pf Khuzestan.

 

 

22 June 2004

Court

Case

2

 

 

 

 

 

Court

Case

2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Court

Case

2

Court Case 2:

He took part in objecting to a visit by Armenian delegates to the Province of Erdebil. Sought s permit for an assembly but was denied. So a group of 80-100 activists resorted to a hunger strike as a protest in the form of sit-in in the Sarcheshme Mosque, Erdebil. Perceiving the oncoming repression, the protest was represented by 25 activists, asking the youth to leave.

 

Later at the night some 50-60 security agents raided the mosque with robber sticks; attacked the peaceful protesters; arrested the injured activists; handcuffed and took them to the police cars. Then they locked the doors, turned some of the lights off and they attacked Mr. Leysanli with the intent to kill him inflicting the following incredible acts of torture:

·         Tying his hands and feet with a wire cable with an officer jumped and fell on his ribs four times;

·         Kicked him directly in his groin;

·         Proceeded to chock him by standing on his throat

·         Covered his mouth and nose with a blanket to suffocate him

The fainted and lifeless body of Mr. Leysanli was transferred to the office of the Ministry of Information in Erdebil, where he was attacked by a security agent.

 

Of a one month detention, 20 days were spent in solitary confinement, with severe and life threatening injuries and also during this month-long detention, a combined number of 20 days were spent on hunger strike. He was deprived of:

·         Any medical care for his broken ribs, head, facial bones, fractured arm and feet;

·         Was urinating blood;

·         His left kidney was damaged

·         His left ear was bleeding

·         Both his eyes were swollen and

·         As a result of pulling his lifeless body on the ground, his skin on his back was peeled off with bruises all over

·         His requests for medical care were refused including prison treatments.

 

On the second of day of the arrest, was taken to the Erdebil court and sentenced to one month detention. The Judge also denied my request to see a doctor and he told the Ettelaat police that if they leaked the news of my injuries or my hunger strike to the public, they would be severely punished.  

 

All the participants were arbitrarily fined 800,000 Rials and sentenced to 15 floggings. All the activists spent 10 days in detention from whom all, except one, were on a 3-day hunger strike, which resulted in them being released. He could not participate in the Annual Babek Assembly for being detained. 

 

27 June 2005

Court

Case

3

Court Case 3:

 

He was presented with an order from the Justice Department by security gent not to participate in the Annual Babek Castle Assembly and had to present himself to the office of the Ministry of Information in Erdebil the next day. He then rejected them on the grounds that no authority is empowered to remove his right and freedom of association and called this summon as an illegal act on the basis of Article 9 of the Constitution of the Islamic Republic of Iran.

 

28 June 2005

Court

Case

3

Rejecting the summon, three security agents called in at his house around 12 noon and searched there thoroughly but failed to find anything. This act did not even bother his three children playing in the garden of their house, signifying that the atmosphere of fear created by security agents were being a normal feature of their lives.

 

 

He headed with his family to Babek Castle at 10 pm even though his house was under usual surveillance. In the following act of cat-and-mouth chasing, he managed to lose them and making his way to the castle.

 

29 June 2005

Court

Case

3

Arrived at the Babek Hotel at 7:00 am. In the afternoon, around 5:00 pm, he was kidnapped by a couple of security agents posing as hotel guests. He spent 11 days in Eher prison, where he protested against this illegal detention by resorting to 8 days of hunger strike. This led to another sentence of one year of imprisonment.

 

After his release from this detention, and that of around 50 Azerbaijani activists, celebrated his temporary release at Babek castle. They were again surrounded by the police, attempting to arrest them but a group of locals intervened and rebuffed the police incursion. 

 

This Court Case is the Subject of this Communication (No. 2).

Note: We provided basic information in our letter: Ref: 246/2003 on 2 September 2003 and have provided updates since then but not in a coherent manner, e.g. 378/ 2006 on 31 August 2006

 

5 August 2005

Court

Case

4

Court Case 4:

 

He attended the commemoration of the Baghir Khan, an Azerbaijani national hero and a leader of the Constitutional movement to replace monarchical governance. During this event, Azerbaijani activists were savagely attacked by the police with many injured and arrested.

 

Note: This was outlined in our letter –  378/ 2006 on 31 August 2006

Since the May 2006

 

 

 

 

Court

Cases

5

And

6

We have produced volumes of information on the May 2006 Mass Protests, which swept throughout Southern Azerbaijan and its participants were some 2 million people from every walk of life it. This orchestrated national protest was a response to an officially sanctioned cartoon published in a daily a estate-owned national daily newspaper, called Iran. Its contents were sharply pointed to undermining the national integrity of the Turkic nation of Southern Azerbaijan and any Turk in the world.

 

Mr. Leysanli, also took part in these protests on 27 May 2006 in his hometown, Erdebil. The charges brought against him were all arbitrary and his trials were held in kangaroo courts. The whole episode showed that the authorities in the Islamic Republic of Iran are in contempt of the Universal Declaration of Human Rights and also they demonstrated that “anything goes in Iran” thanks to an underground network of collusions among different bodies of the Iranian authorities.

 

The mess created by the Iranian authorities against Mr. Leysanli in this episode was two court cases and after their finalization they are:

Court Cases 5 and 6 (numbering is ours):

 

Charges:

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.

 

Sentence:

1.      Ten months to one year of imprisonment and fifty lashes for disturbing the peace, causing public disorder by encouraging others to behave in irrational ways on Saturday 27 May 2006

2.      A further sentence of six months of imprisonment for participating in destruction and burning of public and private properties.

 

For a catalogue of our correspondences on these cases, please refer to our Update 11, Ref: 488/2008 on 23 March 2008.

Table 3: The Various Correspondences of DunAzHAK related to Mr. Abbas Leysanli 

Emblem of the Judiciary of the Islamic Republic of Iran

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

Upon receipt and registration of the accusations with above reference number dated 6 August 2006, the hearing commenced under the authority of the undersigned, Mr Nemati on the time and date ser previously.

With reference to the contents of the dossier, the following ruling was issued by the court. Particulars of the accused Mr Abbas Lesani, (an educated individual) are as follows:                                                                          

Fathers name:                                        Esed

Age:                                                         38

Profession:                                              Butcher

Marital status:                                       Married

Place of residence:                                Erdebil

Accusations:                                          Actively making propagandas against the Islamic Republic of Iran

With reference to the contents of the dossier, report and the extensive research of the Central Intelligence office of Erdebil, detailed accusations against him are as follows:           

9.       Actively participating in many special and illegal ceremonies such as annual assembly at Babek Castle,                                                                                                              

10.    Encouraging other members of the public to participate in that Assembly,

11.    Preparing placards of various sizes in Turkic Azerbaijani written in Latin alphabet,

12.    Reciting Azerbaijani poems, preparing and reading other relevant materials to other participants,

13.    Preparing and distributing Turkic National Calendar within the province and nationwide,

14.    Keeping in close contact with people of similar opinions and other compatriots,

15.    Intending to promote Azerbaijani Turkic nationalism and independence,

16.    Keeping in touch with other individuals of similar ideologies within Iran and abroad, using the Internet to send messages to various websites etc.

The Sentence

Mr Lesani’s above listed activities are a clear indication of his involvement in corrupting peoples’ minds and promoting opposition to the Sacred Islamic Republic of Iran. [Note: The emphasis by colour is by the translator]

After considering the accusations and discovery of above the mentioned equipment (Translator’s Note: we assume the equipment to be computers and CDs) in his home and workplace, his confessions for involvement in above activities, lack of adequate reason for defence and with reference to the prosecution order number 4011-82/9/4 issued by General Revolutionary Court of Erdebil, he is therefore found guilty and in accordance with Section 500 of Islamic Penal Codes, he is hereby sentenced to one year imprisonment.

The sentence was issued at presence of the accused which can be referred to the Honourable court of appeal of Eastern Azerbaijan within 20 days of the date of its declaration.

Copy corresponds with the original

Chief Clerk of Court 1 of Kaleybar General Courts, Fakhri

Supreme authority of Kaleybar Revolutionary Court, Nemati

Signature and seal of Eastern Azerbaijan Revolutionary Court, Keleyber

 

 

 

Table 4: A Brief Introduction to the Annual Babek Assembly

The Annual Babek Assembly is a unique event, which was initiated in 1996 to devolve towards democratic roots of the nation of Azerbaijan through debate. This is in a background where democratic traditions and institutions in Southern Azerbaijan have been swept away by the Iranian governments – theocratic now and monocracy during the Shah’s reign of power. The event is the brainchild of Prof. Mehemmed Taghi Zehtabi (1923-1999) to commemorate the birthday of the Azerbaijani medieval hero, Babek, who historically resisted Arab invaders in Azerbaijan.

More recently, the Iranian government has initiated actions which mimic the nature and intent of such mediaeval aggressors. Additionally, Iran has solidified a culture of discrimination against non-Farsi-speaking nations and there is a systematic policy of falsifying history. Inspired by the Babek movement, Azerbaijanis have been resisting these policies and in so doing, they reinforce their inspirations through the Universal Human Rights Declarations.

From humble beginnings of 26 trekkers in 1996 including Prof Zehtabi and Mrs. Zohre Vefai, Babek week has developed into the symbol of reinstatement of democracy in Azerbaijan. It encompasses numerous events including mountaineering, music festivities, theatrical performances, and political debates. Despite its spontaneity and lack of institutionalisation, the events are orderly and peaceful – a testament to the democratic instincts ingrained in the Azerbaijani culture. The events reached to its peak in 2003, 2004 and 2005, where more than a million people were reported to attend.

Unfortunately and predictably, the event remains alarmed the Iranian authorities and soon they were at a full swing of harassing the participants with a determination to suppress to suppress the event. The Court Cases 1 and 3 pressed by the Iranian authorities against Mr. Leysanli are a testimony for the repressive measures of the Iranian authorities against this annual event. Also Amnesty International issued a General Statement in June 2006 proving a solid document for the iron-fist policies deployed by the Iranian authorities in this unique event.

Prof. Zehtabi

Overview of the Castle

People everywhere 2003

A scene in 2003

 

Table 5:    Excerpts from Mr. Feqihi’s Statements, Mr. Leysanli’s Lawyer

This is not the exact translation but conceptual excerpts

Mr, Feqihi confirms that on 5 March 2008 Mr. Leysanli informed his family by a telephone call from Eher prison to be deported to an unknown location and the following day on 6 March 2008 at 21.00 p.m. he called from Yazd prison to inform his family of the deportation and his place. He has then confirmed to resort to a hunger strike.

Mr. Feqihi is compelled to the analysis of the case as follows.

  • According to Clause 230 of Executive Codes Regulating Prisons and the Provisions for Rehabilitation of the Country (conferred in 11 December 2005), every accused or convict shall be kept in the custody of the justice system but may reside in designated detention facilities of professional training centres or prison; but they can only be kept in another place if determined by the court which was responsible for the detention or imprisonment in the first place.
  • The sentence issued by the Revolutionary Court in Keleyber specifies a one year punitive sentence and do not specify any other location for the imprisonment and therefore Eher prison is the place for the imprisonment by default.
  • The sentence issued by the Revolutionary Court in Keleyber has neither any reference to being exiled to nor compulsory residence in other provinces.

Mr. Feqihi discusses the Clause 233 of the above Code in the following terms:

  • According to Clause 233 “In any case, if keeping convicts in the local prison poses threat to the city or the province, the convict may be transferred but subject to the agreement of the Justice Department responsible for the verdict in the first place and subject to determining and agreeing on the place for the transfer.”
  • We can question and speculate if there was any contact between the prison authorities in East Azerbaijan and Yazd.
  • The serious question is that what was the threat by Mr. Leysanli to Eher, Keleyber or the East Azerbaijan province or even what breach of regulation did he commit?

Mr. Feqihi confirms by stating that “I know pretty well that my client’s behaviour was exemplary to the extent that the Prosecutor of Eher Court of Justice and the Governor of Eher prison has signed off day release permits for Mr. Leysanli to visit his family and they had observed no breach of conduct.”

Mr. Feqihi is of the opinion that the sound mind cannot accept that there was a threat to the area posed by the presence of Mr. Leysanli in Eher prison and this has influenced any decision-making. He believes that the whole episode took place under such a circumstance that the law of land was breached. He states that Sub-clause 1 of Clause 234 of the same legal Code states:

·         “the organisation must adopt a procedure that the request of the convicts is met in relation to be kept in the nearest prison to their place of normal residence. It is clear that the Justice Department shall ensure that such requests are met.”

Mr. Feqihi states that: not only imprisonment in Erdebil has been denied for Mr. Leysanli, there is even no tolerance for his imprisonment in Eher (100 km from Erdebil) but he has been transferred to a remote point creating obstacle for his families visit.

Mr Feqihi asks: “as envisaged in Clause 237 of the above legal Code, should we not spend our efforts and determination to ensure the wellbeing of the families and their coherence as per duties of rehabilitation centres, or are these mere words and empty promises in the form of law?”

Mr. Feqihi expresses his puzzlement and asks: “why we insist to maintain the initiatives on unworthy acts and keep inventing unlawful procedures and instead of being magnanimous towards prisoners, but acts timidly and disgracefully?”

Mr. Feqihi recommends that the Justice system reaffirms Clause 233 and prevents such breaches. He refers to the Honourable Head of the Ministry of Justice requesting the reinstatement of justice for prisoners including Mr. Abbas Leysanli.

The source text was issued by Mr. Seyid Mehemmed Rza Feqihi, the chartered lawyer of the Ministry of Justice and the Director of the Committee for the Defence of Prisoners’ Rights

Note: Mr. Feqihi uses Lisani but we used Leysanli to remain consistent with our text.

 

The Source Document on the Statement by Mr. Feqihi, Mr. Leysanli’s Lawyer

Source: http://www.savalansesi.com/2008/03/blog-post_13.html

The Farsi text mixes up when copied and pasted. For the correct text, please use the link.

 

سخنی با ریاست قوۀ قضائیه

سید محمدرضا فقیهی-وکیل دادگستری و دبیر کمیتۀ حقوقی انجمن دفاع از حقوق زندانیان

چهارشنبه مورخ 15 اسفند 1386، آقای عباس لسانی فعال هویت‌طلب آذربایجانی در تماسی تلفنی از زندان شهرستان اهر، خانواده‌اش را از تصمیم مأموران به انتقال وی به مقصدی نامعلوم مطلع می‌سازد. پنجشنبه مورخ 16 اسفند 1386 حوالی ساعت 21، هنگامی که زنگ تلفن منزل آقای لسانی به صدا درمی‌آید، خانواده‌اش در می‌یابند که او به زندان یزد انتقال یافته و موکل قاطعانه اعلام می‌دارد در اعتراض به این اقدام مقامات قضائی و امنیتی دست به اعتصاب غذا زده و اعتصابش را تا سرحد مرگ ادامه خواهدداد. به راستی انتقال زندانی یادشده از زندان اهر واقع در استان آذربایجان‌شرقی به زندان یزد واقع در استان یزد براساس چه توجیه و منطقی صورت پذیرفته‌است؟

ناگزیر از تحلیل حقوقی این واقعه هستیم. مطابق مادۀ 230 آئین‌نامۀ اجرائی سازمان زندان‌ها و اقدامات تأمینی و تربیتی کشور مصوب 20 آذر 1384، هر متهم یا محکوم در بازداشتگاه مراکز حرفه‌آموزی و اشتغال و زندانی که در حوزۀ قضائی صادر‌کننده قرار یا حکم قرار دارد نگهداری می‌شود مگر در مواردی که دادگاه صادرکنندۀ حکم براساس قانون، محل دیگری را برای تحمل کیفر تعیین نماید. لذا اصل، نگاهداری متهم یا محکوم در بازداشتگاه یا زندان واقع در حوزۀ قضائی صادرکنندۀ قرار یا حکم است مگر آنکه مرجع قضائی صادرکنندۀ قرار یا حکم، وفق قانون مکان دیگری را برای نگاهداری زندانی تعیین کرده‌باشد. در مانحن‌فیه، دادگاه انقلاب اسلامی شهرستان کلیبر در حکم یکسال حبس تعزیری صادره علیه آقای لسانی، هیچ اشاره‌ای به زندان واقع در سایر حوزه‌های قضائی بعنوان محلی که نامبرده باید در آنجا تحمل کیفر نماید، نکرده‌بود. مجازات تبعید و یا اقامت اجباری در سایر استانها یا شهرستانها نیز همراه با کیفر حبس، مورد لحوق حکم محکمۀ انقلاب کلیبر قرارنگرفته‌بود تا چنین انتقالی را در چارچوب آن ارزیابی نمائیم. اینطور به نظر می‌رسد انتقال مورد بحث براساس مادۀ 233 آئین‌نامۀ اجرائی فوق‌الاشاره صورت گرفته‌باشد آنجا که مرجع وضع آئین‌نامه مقررداشته:

«در هر مورد که نگهداری محکومان در زندان محلی مخالف مصالح آن شهرستان یا استان باشد، با موافقت مقام‌های قضائی مربوط و تعیین محل انتقال به وسیلۀ ادراۀ کل زندانها با جلب نظر شورای طبقه‌بندی و موافقت دادستان، محکوم منتقل می‌شود

به قرار اطلاع آنانی که حضور موکل در زندان شهرستان اهر و استان آذربایجان‌شرقی را برنمی‌تابیده‌اند، با مستمسک قراردادن عنصر مصلحت و با این توجیه که ماندن عباس لسانی در زندان اهر برخلاف مصالح امنیتی آن شهرستان و حتی استان آذربایجان‌شرقی است، با طرح موضوع در شورای تأمین استان یا شهرستان و شاید هم بدون طرح قضیه در آن شورا، موفق به جلب نظر مقامات قضائی ذیربط و مدیران کل سازمان زندان‌ها و اقدامات تأمینی و تربیتی استان آذربایجان‌شرقی و یزد و شورای طبقه‌بندی زندان اهر و دادستان عمومی و انقلاب کلیبر شده و نسبت به انتقال زندانی مورد اشاره به یزد اقدام نموده‌اند.

حال پرسش جدی در همین راستا این است که مگر عباس لسانی کدامین اقدام مغایر امنیت استان آذربایجان‌شرقی و شهرستان اهر و یا کدامین تخلف انضباطی را مرتکب گردیده که مستحق چنین برخوردی دانسته‌شده‌است؟

اطلاع واثق دارم که بجهت حُسن رفتار موکل در زندان اهر، رئیس زندان مذکور و شورای طبقه‌بندی آن زندان و حتی دادستان اهر با درخواست مرخصی مشارالیه موافقت داشته و هیچ تخلفی را از وی مشاهده و گزارش نکرده‌بودند.

آیا به‌راستی یک زندانی در پشت میله‌های زندان از چنان قدرتی برخوردار است که بنحو بالقوه امنیت استان و شهرستان محل گذران دوران محکومیتش را به مخاطره انداخته‌است؟

بنابراین ذهن نمی‌پذیرد به صرف ادعای برخی از مقامات قضائی و یا امنیتی مبنی بر تهدید امنیت حوزۀ قضائی مربوط از ناحیۀ زندانی مذکور، بتوان چنین تصمیماتی اتخاذ و به مرحلۀ اجراء درآورد و هر اقدام حقوقی و قانونی، پایه و اساس استوار و محکم و محکمه‌پسند لازم دارد. از طرف دیگر، انتقال موکل از زندان اهر به زندان یزد در شرائطی صورت می‌گیرد که ظاهراً مقامات ذیمدخل در قضیه به منطوق تبصرۀ یک مادۀ 234 آئین‌نامۀ سازمان زندانها و اقدامات تأمینی و تربیتی کشور اعتنا و توجهی نداشته‌اند آنجا که تبصرۀ مزبور مقرر می‌دارد:

«سازمان باید ترتیبی اتخاذ نماید که محکومان با درخواست شخصی، در نزدیکترین زندان محل سکونت خانوادۀ خود تحمل کیفر نمایند. بدیهی‌است مراجع قضائی نیز در این مورد اقدامات لازم را برای اعطای نیابت قضائی، معمول خواهندداشت

یعنی نه تنها اجازه داده‌نشده که زندانی، عباس لسانی، در نزدیکترین زندان محل سکونت خانواده‌اش (زندان اردبیل) تحمل حبس نماید، بلکه حضور وی در زندان اهر نیز تحمل نشده و او را به جائی منتقل کرده‌اند که خانواده‌اش برای دیدار با وی ناگزیر از طی مسافتی افزون از 1300 کیلومتر راه هستند.

آیا کوشش و اهتمام در حفظ روابط و علائق خانوادگی زندانی که در مادۀ 237 آئین‌نامۀ پیش‌گفته، در زمرۀ وظائف سازمان زندانها و اقدامات تأمینی و تربیتی کشور و مددکاران آن سازمان قرارداده‌شده، صرفاً سخنی و شعاری بیش نیست یا اینکه تکلیفی قانونی است؟

برای نگارنده روشن نیست چرا در اقدامات ناصواب، گوی سبقت را از دیگران می‌ربائیم و همواره سعی در بدعت نهادن روشها و اقدامات مغایر حقوق و کرامات ذاتی زندانیان اعم از محکومان و متهمان می‌نمائیم و در حسنات و خیرات پیشقدم نمی‌شویم.

از اینرو شایسته است قوۀ قضائیه نسبت به الغاء مادۀ 233 آئین‌نامۀ سازمان زندانها اقدام و باب مصلحت‌سنجی‌های اینچنینی را برای همیشه مسدود سازد. و از ریاست محترم آن قوه می‌خواهم دستور بازگرداندن جملگی زندانیانی که بر طبق مادۀ اخیر به سایر حوزه‌های قضائی منتقل‌شده لکن انتقال آنان فاقد توجیه حقوقی و قانونی کافی بوده، از جمله موکل [عباس لسانی] را صادر فرمایند.

سید محمدرضا فقیهی

وکیل دادگستری و دبیر کمیتۀ حقوقی انجمن دفاع از حقوق زندانیان

Azərbaijani Turkic

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