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 this Communication is relevant to
Special Rapporteur on the
independence of judges and lawyers
Special Rapporteur on
contemporary forms of racism, racial discrimination,
xenophobia and related intolerance
Independent Expert on Minority Issues
CC Mr. Dyke and Mrs.
Harrison, Amnesty International, London
Also: Human Rights Watch and Human Rights Server
Mr. Huseyn Huseyni
A Southern Azerbaijani
prisoner of conscience
COMMUNICATION NO 1 ON HUMAN RIGHTS DEFENDER
MR. HUSEYN HUSEYNI
Please find enclosed Communication 1 on Mr. Huseyn Huseyni for
safeguarding his human rights, who is being persecuted arbitrarily
by Iranian authorities. His particulars are presented in Table 1,
using published information and those from our own sources.
Mr. Huseyni is from the Southern Azerbaijani city of Sulduz (Naqadeh),
west Azerbaijan province, and has been arbitrarily deprived of his
liberty by Iranian authorities. He was arrested during his
participation in the Settar Khan’s anniversary, where he was simply
exercising his human rights while fully complying with the laws of
the Iranian authorities. He is now kept in Evin prison, Tehran. He
has also suffered arbitrary detentions in the past but we were
unable to document his cases due to our resource limitations.
We would like to stress that in compiling this Communication, we
have not consulted with Mr. Huseyni’s family or anyone else for that
matter. It is necessary to mention this to manage the risk of
reprisal by the Iranian authorities against him and his family.
Mr. Huseyni has been deprived of access to a lawyer and his right to
contact his family members has also been suppressed. All the means
of defending his human rights have been exhausted and therefore we
appeal to your urgent attention. Thank you in advance for your care.
For and on behalf of
for the Defence of the Rights of World Azerbaijanis
1 COMMUNICATION 1 FOR CASE OF MR. HUSEYNI
on Arbitrary Detention
one shall be subjected to arbitrary arrest, detention or
(Article 9, the Universal Declaration of Human Rights)
VII. Model questionnaire to be completed by persons alleging
arbitrary arrest or detention
1. Family name:
2. First name:
4. Birth date or age:
5. Nationality/Nationalities: Southern Azerbaijani
national; a citizen of the Islamic Republic of Iran
6. (a) Identity
document (if any):national code: The information is not
(b) Issued by:
He is from Sulduz and therefore his identity documents are
assumed to be issued in, a city in Southern Azerbaijan, the
province of West Azerbaijan.
(c) On (date):
The data not available
Address: The data is not available
7. Profession and/or activity (if
believed to be relevant to the arrest/detention):
A university graduate and the president of
student union in Erdebil university.
1. Date of arrest:
14 November 2008.
2. Place of arrest:
The arrest took place at the Mausoleum of
Settar Khan, a national hero of Azerbaijan, when the victim
was attending the commemoration of Settar Khan’s
3. Forces who carried
out the arrest or are believed to have carried it out:
information is available but it was almost certainly by
Iranian security agents.
4. Did they show a
warrant or other decision by a public authority?
No direct information on
this but it is safe to assume that the arrest was unprovoked
and without any warrant.
5. Authority who issued
the warrant or decision:
information is available but it was almost certainly
arranged by Iranian Ministry of Information.
6. Relevant legislation
applied (if known):
This case bears the hallmark of arbitrary
Note As there is no official communiqué,
naturally the information provided is through the ceaseless
efforts of the Southern Azerbaijani activists, and they
often do this at the expense of their own freedom. We will
clarify where we make assumptions.
1. Date of detention:
It is difficult to know when and at what stage the victim
was detained, as in Iran these are highly nebulous concepts
due to arbitrary acts of the authorities. However, it is
assumed that the victim was transferred to detention either
at the same day (14 November
2008) or the
following day (15 November 2008).
2. Duration of
detention (if not known, probable duration):
The only data
available is that he was transferred to Evin prison.
3. Forces holding the
detainee under custody:
During the detention
under interrogation, the victim would have been held by
agents of the Ministry of Information offices of Tehran.
Now that the victim has been transferred to Evin prison, the
authorities responsible for the detention would be the
prison authority but the Ministry of Information, the
Internal Ministry or the Ministry of Justice would all
collude with each other. Therefore, it is highly likely that
the prison authorities are manipulated directly by the
Ministry of Information.
4. Places of detention
(indicate any transfer and present place of detention):
was held in a detention facility in Tehran but was
transferred to Evin prison.
5. Authorities that
ordered the detention: To the best of our knowledge, there
is no distinction between the authority and the nebulous
forces arresting and detaining.
6. Reasons for the
detention imputed by the authorities:
There is no
official communiqué. Iranian authorities are breaking their
own laws by not providing information but this is a
characteristic of colonial rule and they think they can get
away with whatever they wish to do.
7. Relevant legislation
applied (if known):
As there are no
imputed charges, relevant legislations are not known.
Describe the circumstances of the arrest and/or the
detention and indicate precise reasons why you consider the
arrest or detention to be arbitrary
As outlined in (http://savalansesi.blogspot.com/2008/11/blog-post_14.html),
at least 10 individuals were arrested on 14 November 2008
from participants gathered for commemorating the anniversary
and the victim is one of them.
This anniversary is held every
year to strengthen the ethnic identity of the nation of
Azerbaijan in Southern Azerbaijan. The gatherings are always
peaceful and the participants are always careful to fully
observe the Iranian laws. So we are confident that no law,
rule or bylaw was breached. However, the Iranian
authorities are spearheading their racist policies and would
go to any length to violate their laws and illegally arrest
individuals wishing to exercise their human rights. Although
it is almost certain that interrogations are normally
violent, but the specific details are yet to emerge and even
then the Iranian authorities make sure that these details re
not surfaced out through the constant intimidation.
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 family members of the
victim are doing anything within their disposable for both
the victim and also Mr. Abdullah Abbasi Javan (for more
details, please refer to Ref: 511/2008, Date: 23 December
2008), who is the victim’s uncle. These include:
directly to the authorities for information,
religious and politicians of the Islamic Republic of Iran
for support. For instance, on 28 November 2008 his family
members met Ayatollah Karrubi, who promised to take up the
matter but nothing materialised from this campaign.
VI. Full name and
address of the person(s) submitting the information
(telephone and fax number, if possible)
Mr. Eli Tashkent
On behalf of:
The Committee for the
Defence of the Rights of World Azerbaijanis
Ayna, Sherifzade 1, Baki,
23 December 2008
This questionnaire should be addressed to the Working Group
on Arbitrary Detention, OHCHR-UNOG, 1211 Geneva 10,
Switzerland, fax No. (41-22) 917.90.06.
The Office of the High Commissioner
for Human Rights
Geneva, Switzerland Send e-mail with comments and
8-14 Avenue de la Paix
1211 Geneva 10, Switzerland
Telephone Number (41-22) 917-9000