The Problem of Southern Azerbaijan

 

No.: 520/2009

Date: 29 Dec  2009 

The Office of High Commissioner for Human Rights, Geneva,

    Please circulate to the Special Representative of the Secretary-General on human rights defenders, and to the Special Rapporteur for the Right to Health. It is relevant to:

·   Special Rapporteur on the independence of judges and lawyers

·   The Working Group on Arbitrary Detention

·   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

        UNESCO and various news media

Mr. Seid Metinpur

A Southern Azerbaijani prisoner of conscience

Dear sir/madam

COMMUNICATION NO 3 ON MR. SEID METINPUR

Further to Communication 2 Ref: 458/2007, on 22 July 2007 with 5 updates) please find enclosed a new Communication on Mr. Seid Metinpur for safeguarding human rights of this distinguished human rights defender of Southern Azerbaijan, who is now a prisoner of conscience arbitrarily deprived of his liberty by Iranian authorities and is in urgent need of medical attention. The documents provided for your attention are:

Table 1:    A closer look at Mr. Metinpur’s sentence

Table 2:    Reverse chronology of the case history of the victim,

Table 3:    The log of our past communications to you on the victim

Table 4:    Translation of the sentence reinforcing the 8 years prison term by the Iranian appeal court

Table 5:    Communication Form for the Special Representative of the Secretary-General on human rights defenders

We would like to stress once again that in compiling this Communication, we have not consulted with Mr. Metinpur’s family or anyone else for that matter. It is necessary to mention this to manage the risk of reprisals by the Iranian authorities against him and his family.

Mr. Metinpur is now imprisoned for eight years, while he is suffering from severe health problems, relics of tortures that the Iranian authorities inflicted on him when he was in their detention. In the peak of his activities on human rights defence before the detention, this graduate of philosophy wrote a short poem, contemplating himself in a journey. Its translation is shown in the box for your perusal. Here he depicts his insight into the events to be rolled out. His vision is to continue the normal journey of life but by avoiding obstructions, distractions or dangers. He asks if there is a way out from the sort of the trap that the Iranian authorities have lain down. We believe that the Universal Human Rights Declaration confers to everyone the right for this normal journey of life but the Iranian authorities have deprived arbitrarily Mr. Metinpur of his liberty. We rally for your defence of his human rights by virtue of mandates entrusted on you and the body of human rights is only meaningful with an expression of solidarity. In particular, we appeal to you to regard his health with the utmost importance.  We thank you in advance for your care.

Yours sincerely,

Boyuk Resuloglu

Chairperson of the Committee for the Defence of the Rights of World Azerbaijanis

 


 

Table 1          A Closer Look at Mr. Metinpur’s Sentence

We understand our role as to provide you information for the defence of the victims to enable you to act on their behalf driven by your mandates. We are therefore careful to provide you clear information without our value judgements. We only suffice to a commentary in the covering letter to clarify our position but we make an exception to express our views in this table regarding the political nature of the sentences given in Table 4. In particular we draw your attention to 8 years of prison sentence to Mr. Metinpur and the falsification of the verdict on Mr. Kamran Salehi, the renowned Southern Azerbaijani human rights lawyer.

Mr. Metinpur is a renowned human rights defender. One of his themes is the defence of the mother language in Southern Azerbaijan. Indeed this is the pretext for his imprisonment. However, even Iranian authorities know that a charge of this nature is a blatant violation of Universal Declaration of Human Rights and will be regarded as outrageous by the international community. In this Communication we are going to expose the decoy deployed by the Iranian authorities to mask their arbitrary acts. In our communications and their updates on Mr. Metinpur, you have seen that we were unable to provide you imputed charges, because none were issued by the Iranian authority. Now two imputed charges against Mr. Metinpur have even been published: (1) spying and (2) acting against the present regime (see Table 4, the translation of the sentence).

Equally, we draw your attention to Mr. Saleh Kamrani’s case (see our Communication Ref: 420/2006 on 4 December 2006 with a log of many updates), which the appeal court is curiously stopping to persecute him. In fact, at the time Mr. Kamrani was forced to seek refuge outside Iran as he found life impossible in Iran by being continually persecuted and detained often indefinitely by the authorities. His right to exercise his practice of defending human rights was denied to him. The least that we can say is: it is very rich of the Iranian authorities, to stop persecuting Mr. Kamrani. Curiously, the Iranian authorities do not confess to their arbitrary treatments and torture of Mr. Kamrani and there is no mention of paying him compensations for their arbitrary acts. In facts we know that the charge on Mr. Kamrani was “for the time being, we are accusing you of making propaganda against the system.” This was the way the Iranian authorities wanted to gag Mr. Kamrani.

The verdict issued by the Iranian authorities and translated for your attention in Table 4 is obviously falsified by the authorities and you can notice the careful wording, i.e. the verdict implies that the particular court hearing was not related to Mr. Kamrani’s appeal, as the appeal outcome was already finalised but seeing that he was already seeking refugee status, this falsification was designed to undermine his case. These are crafts of new kinds in the Iranian governance but in our next communication we will highlight another of such outrageous crafts, where Mr. Fershi is extraordinarily accused of belonging to an Iranian party where both the particular party and the Iranian regimes are engaged on inflicting mutual violence on each other (such violence is outside the remit of the national movement of Southern Azerbaijan).

We have reflected consistently that the Iranian authorities do falsify charges as there is no independent challenge in the Iranian judiciary system. In fact the very expression of the “Iranian judiciary system” is a mere farce, as we hold them to be nebulous networks of collusion between racially-motivated politicians, security agents, prison authorities and judiciary officials. Iranian authorities regarded Mr. Metinpur (and even Mr. Kamrani) as the key to defeat the national movement of Southern Azerbaijan for the reason that he is a highly respected intellectual. Having failed on this through torturing Mr. Metinpur to beat a false confession out of him, the Iranian authorities are like a wounded animal and likewise are inflicting any suffering on the victim for not obliging to a false confession. So they were determined to imprison him not for doing anything wrong (Mr. Metinpur has done nothing wrong) but for not agreeing with a false confession. Our reasons include:

  • The Iranian authorities did not issue the imputed charges before this appeal
  • The victim was detained indefinitely (for 279 days, of which 205 days were in solitary confinement)
  • The victim was deprived of access to a lawyer
  • The victim was denied of visits by his family members or even telephone calls
  • The victim was tortured severely
  • The Iranian authority even arrested the victim’s brother to exert extra pressure on the victim
  • The Iranian authorities did not suffice to gagging the victim but imprisoned him

 

Of course, we regard the falsified imputed charges as the pretext to arbitrary acts and outcomes, such as the fate that Mr Metinpur has been subjected to. In our opinion, the Iranian authorities have double guilts:

  • Violating human rights by illegally detaining Mr. Metinpur (and any other Southern Azerbaijani activists) and subjecting him to torture, denying access to lawyer, not issuing a communiqué to outline the imputed charges, conducting trials irrespective of evidence, falsifying the evidence and charges.
  • Falsifying charges by accusing Mr Metinpur with irrelevant charges. This means that the Iranian authorities are punishing Mr. Metinpur and other activists for their defence of mother language but under the pretence of such charges as spying, all out of blue.

 

We hold that falsifying evidence is as a manifestation is not worthy of an authority but of the cowardly act of the Iranian authorities and we hope you are determined to critically examine this issue.

 

 

Table 2 The Chronology of the Arbitrary Violation of Human Rights of Mr Metinpur

Arbitrary Court Case 3 but imprisonment after the detention

 

Repeated reports confirm that Mr. Metinpur needs urgent medical attention while he is in prison.

15 Aug 2009

A report in VOA informing that the victim is imprisoned in a cell cramped with 30 people but a capacity for only 10. Although he needs urgent medical attention, the prison authority refuses to provide him treatment. He suffers from headache and backache and as a result he now suffers from nausea. The authority is hampered his visits with his family members and as they live in Zengan, it is difficult for them to visit him in Tehran prison. Every week they can only make telephone calls to him.

(http://www.voanews.com/azerbaijani/archive/2009-08/2009-08-15-voa6.cfm?CFID=340586947&CFTOKEN=96913172&jsessionid=8830631ee1dbc500423c481c774d35384d2b)

11 July 2009

Mr. Metinpur was imprisoned by the Iranian authority when he was allured to attend a court hearing (Branch 15 of the Islamic Revolutionary Court of Iran). This was ordered by Mr. Salavati, the judge. It is noted that this took place after the 10th Iranian presidential election, when the Iranian authority wanted to stamp down any opposition against their cheat in the election.

Nov 2008

Mr. Metinpur’s appeal was evaluated in November 2008 and was robber-stamped.

 

Arbitrary Court Case 3 Brought against Mr. Metinpur by Iranian authorities

10 June 2008

The Prosecutor, Salavati,  issued the sentence, in Branch115 of the Revolutionary Court, Tehran:

Sentence: eight years of suspended sentence

Charges: “maintaining relations with foreigners” and “publicity against the Islamic Republic.”

See also Table 4 and Table 5.

11 May 2008

Trial was held in Branch115 of the Revolutionary Court, Tehran, of course behind closed doors.

27 Feb 08

After more than nine months of being arbitrarily detained, to be precise after 279 days of captivity, he was released on bail for 500 million Tumen (approx half a million dollar). This is a massive bail in Iran and set new standards in Iranian (mis)justice. In this period, has was condemned 205 days to solitary confinement and of these, he endured 45 days in a solitary confinement in a completely dark and thoroughly unhygienic cell and was constantly tortured. He suffered from skin infection.

17 Dec 2007

Mrs. Etiyye was allowed to visit her husband for the first time on the 207th day of detention. According to her: Seid had massively lost weight and was suffering from a heavy hair loss. He was severely tortured and security officials had exerted unbearable pressures on him to take part in a TV program to confess to the dictated charges.

11 Dec 2007

On the 200th of this arbitrary detention, Etiyye, his wife, issued her heartfelt Letter 2, stating: “O God, please protect Seid and bear witness to how a nation is helpless and isolated and yet how another nation with impoverished national consciousness is indifferent and in a deep hibernation.”

4 Dec 2007

ASMEK informed that he was transferred to Evin prison, at which time there was no news on him for 50 days since 16 October 2007.

Sept 2007

Transferred back to Zengan prison. This took place sometimes before the end of Sept 2007.

23 Aug 2007

Amnesty International issued an Urgent Action and called him a prisoner of conscience.

End of July 07

After two months of interrogation and torture in the detention units of the Ministry of Information in Zengan, he was transferred to Wing 209 of the notorious Evin prison, in Tehran.

14 July 2008

On the 50th day of this arbitrary detention, Etiyye, his wife, wrote a heartfelt letter stating that: “Here is a modern Prometheus and enchained; enchained for discovering the secret of ‘immortality’; but there will come a time for undoing the chains, after which the wounds shall be healed.”

25 May 2007

Arrested together with his wife in a street in Zengan, after remanding him in custody but his wife was released. This was in relation to the first anniversary of the May 2006 Mass Protests.

Arbitrary Case 1 Brought against Mr. Metinpur by Iranian authorities

3 March 2007

Released after an arbitrary case was compiled against him.

26 Feb 2007

Amnesty International issued a general statement (MDE 13/020/2007 (Public) and named some of the Azerbaijani detainees on the occasion of the celebration of the International Mother Language Day, including his name.

21 Feb 2007

 

Arrested in Sebze Meydani, Zengan, on the occasion of the celebration of the International Mother Language Day, together with at least 28 other victims from Zengan alone.

 

Table 3          The Log of our Communications and Updates

Ref: 446/2007 on 4 March 2007

Communication 1

Ref: 447/ 2007 on 5 March 2007

General Report by DunAzHAK, naming him among 100 named individuals detained arbitrarily for celebrating of the International Mother Language Day

Ref: 458/2007; on 22 July  2007

Communication 2: presenting the details of this arbitrary detention and the translation of Mrs. Etiyye Metinpur’s first letter

Ref: 458/2007; on 22 July 200

Update No 1

Ref. 473/2007, on 12 December 2007

Update No 2, presenting the translation of Mrs. Etiyye Metinpur’s second letter

Ref. 475/2007, on 21 December 2007

Update No 3 presenting the merging news on torture

Ref: 480/2008; on 21 January 2008

 

Update 4: Mr. Metinpur was tortured with urgent need to medical care

Ref: 502/2008; on 10 August 2008

Update 45: Arbitrary sentence against Mr. Metinpur and the translation of his witty thanks for his campaigners

 

TABLE 4   The Verdict of the Appeal Court

Table 4A – The Translation of the verdict of the Appeal Court

Note 1: Translator’s Note: We have tried our best to translate the sentence from an awkward Farsi style into an intelligible English style. We believe the translation is conceptually right but we acknowledge that we have spared you of the agony of the style in the original text.

Note 2:  The names in brackets are transcribed into English according to Farsi pronunciations.

Emblem of the Judiciary of Islamic Republic of Iran

Possibly a Koranic verse as below (which probably means: Obey him (the God) for justice. However, the translation of this verse can be wrong, as we do not know Arabic.)

In the name Allah the merciful

Verdict number: 1257

Date: 29 October 2008

Dossier Reference No: 795/36/87

Authorized office: Department 36 of Court of Appeal of Tehran Province

Appeal requested by:

1.      Saleh Kamrani by his lawyer, Esmail Mohammadi, resident of Meydan-e-Haft-e- Teer, adjacent to the south side of Alijavad mosque, No. 81 Bakhtiyar Street, 2nd  Floor.

2.      Yaqub Saliki (Yagoub Saleki)

3.      Abdullah Abbasi-Javan, (Abdollah Abbasi-Jevan) resident of Jannat Abade Shomali, Baharestane 26, Mahtabe 2, No. 9, Vahed-e 1.

4.      Seid Metinpur (Saeed Matinpour) represented by his lawyer Seyyed Mohammad-Ali Dadkhah, resident of Khiyabane Vali Asr, Balatar az Dr Beheshti, Kooche Nader, Rad Building, Moasseseye Khosusi Rad.

Requested appeal:

Appeal has been requested against the verdict number 104 dated 9 June 2008, issued by Section 15 of Tehran Islamic revolutionary Courts.

Statement issued by the Dossier Organizer, representative of the Public Prosecutor:

Following the receipt of the dossier, reference above (Translator’s note: we assume that this document collectively covers all the defendants), execution of legal procedures during the extraordinary time of the meeting at presence of the undersigned’s, considering and studying all relevant documents and consultations, end of the investigation is hereby stated and the detail of the verdict is issued as follows:

Courts Verdict:

With reference to the appeal hearing of the following:

1.      Saleh Kamrani With legal representation of Esmail Mohammadi

2.      Yaqub Saliki,

3.      Abdullah Ibrahimi-Javan,

4.      Seid Matinpor, with legal representation of Seyyed Mohammad-Ali Dadkhah

In relation to the courts ruling number 104, dated 9 June 2008, issued by Branch 15 of Islamic Revolutionary Court of Tehran, following rulings have been issued:

Accused of the first row: 1 year sentence,

Accused of the 2nd and the 3rd row: 5 year sentence,

Accused of the 4th row: 7 year sentence for spying and a further one year for acting against the present regime.

After taking all matters into consideration regarding the row one defendant, he was previously tried and sentenced and his term was confirmed in an appeal court. But following this no reason and evidence was submitted for his commitment for new charges and therefore the court did not consider it proper to reconvict him. This court therefore accepted the defendants and his honourable lawyer’s request and stopped the persecution according to Section 5 of Article 6 and Section 1 of Article 257 of G.A.D.K.

After careful consideration of the case relating to the 2nd row defendant and due to lack of actual, moral and intentional documentary evidence, for travelling to Turkey for the purpose of participating in planned meetings also, based on the fact that due to his cultural background, devotion to the governmental system and assurances which he has given to be loyal to the regime, in the opinion of the court, even the lightest sentence given to him may not be justifiable and therefore, he has been acquitted of all charges against him.

As regards the defendants of 3rd and 4th row, the court concludes that, their requests for appeal may not be accepted and that the initial verdicts issued at their presence in accordance with Section 4 of Article 257 of G.A.D.K. is definite and final.

Signed by: Seyyed Ahmad Bazergan Head of Dept 36 of Court of Appeal of Tehran Province.

Signed by: Abbasian, The Organiser of Court of Appeal of Tehran

Translator’s Note: The date is not legible and we do not know the meaning of the abbreviation: G.A.D.K.

Table 4B           The Source Document  in Farsi - the verdict of the Appeal Court          

 

Table 5           Communication 3 on Mr. Seid Metinpur

The Special Representative of the Secretary-General on human rights defenders

Office of the High Commissioner for Human Rights

United Nations

1211 Geneva 10, Switzerland

FAX:  (41 22) 917 90 06

1.       Information regarding the alleged victim

1.1       Full name

          Seid Metinpur (His name was also transcribed by Amnesty International from the Arabic script according to Farsi, as Sa’id Metinpour or other transcribe as Saeed Matinpour)

1.2       Age

          20 September 1975

1.3       Sex

          Male

1.4       Profession or occupation

          Journalist

1.5       Place of residence (or origin, if relevant to the violation suffered)

          The Southern Azerbaijani city of Zengan, in Iran

1.6       The victim’s affiliation, if any, with an organization, association or group engaged in human rights work:

          Please refer to the attachment

1.6.1    Name of the organization, association or group

Please refer to the attachment

1.6.2    Name of the person heading the organization, association or group

            The victim is a human right defender and a webblog writer. He is independent and as far as we know he is not affiliated to any organisation because any organisation not affiliated to Hezbullah is normally persecuted in Iran, especially in Southern Azerbaijan.

1.6.3    Nature of human rights work the individual performs

1. He was outspoken in defence of Rza Abbasi (see our Communication: Ref: 433/2007 on 3 January 2007-02-28)

2. He is an arduous campaigner for the mother language of Azerbaijani Turkic, see the attached list

3. He was detained recently, see our Communication Ref.: 446/2007 on 4 March 2007

 

1.7       If the alleged violation is against an organization:

           Not Applicable

1.7.1    Name of the organization

           Not Applicable

1.7.2    Nature of the human rights work/activities it is engaged in

          An important theme in victim’s activities is the defence of mother language and promoting the Turkic identity of Southern Azerbaijanis against monolithic Farsi identity spearheaded by singular policies of the government of Iran for the last 80 years.

1.7.3    Territorial scope of its work (national, regional, international)

           Victim’s activities cover the whole of Southern Azerbaijan and in particular his own region of Zengan

1.7.4    Affiliations with other human rights organizations, if any 

1.7.5    Name of person(s) heading the organization

          Not Applicable

1.7.6    Additional information on the history of the work the individual or organization has performed, if submitted, may be helpful in assessing the complaint/allegation. 

2.       Nature of the alleged violation

            All relevant information regarding the violation allegedly committed against the human rights defender, or organization, association or group, including:             

2.1       Date

          The victim was imprisoned on 11 July 2009

2.2       Place

A street in Zengan

2.3       Description of the events/incident

            The details of violence against the victim by the Iranian authorities are given in our past communications. As an outline, we remind that the victim was arrested together with his wife and was imprisoned for 279 days, during which he was severely tortured and was also shuttled between a detention facility in Zengan and Evin prison in Tehran. He was released on bail on 27 February 2008 and was tried in a closed court on 9 June 208 in Branch 15 of the Revolutionary Court in Tehran by Judge Salavati. His appeal was evaluated in November 2008 only to be robber-stamped.

 

2.4       Nature of violation suffered or threatened (The information must indicate the connection of the alleged violation to human rights activities performed.)

          The victim is an outspoken human right defender and apparently the agents were trying to arrest him since 22 May 2007. The authorities characteristically cover up all their activities and therefore there is no official communiqué. However, as detailed in our Updates 1 to 4 (see Table 4 for the references). In support of the victim, the Iranian Alumni Organisation has issued a statement (http://matinpoor.blogfa.com/post-8.aspx) stating that the act of the arrest in the mid-night was rough and in violation of Articles 22, 32 and 39 of the Iranian Constitution. The details on the mannerism and the act of arrest are sparse but one can be quite sure that it would have been full of bullying acts and intimidations.

            There is an article by Mr. Ibarhim Reshidi (with the penname of: Savalan), a Southern Azerbaijani analyst, who had visited Mr. Metinpur, and quotes him saying that “the violence and its degree inflicted by the security agents against Southern Azerbaijani activists cannot be compared with any other arbitrary acts. According to him no woman has been tortured by the Iranian security agents in the course of the last 20 years as much as Mrs Leyla Heyderi” ( http://matinpur.blogsky.com/1388/09/15/post-100/).

 

2.5       If the violation involves or includes the arrest and/or imprisonment of an individual or group of human rights defenders, information is required on:

          In general, there is reliable information that the victim was frequently transferred to the infamous Evin prison and was tortured (http://matinpoor.blogfa.com/post-14.aspx) there.

            Since his imprisonment, he is kept in Evin prison but has been denied of access to medical treatments. Knowing that he still carries the scars of the torture from the detention period, he needs urgent medical attention but the denial of medical attention to him has more weight than subjecting him to violence.

.

2.6       Identity of the authority involved (individual and/or ministry and/or department)

          It is invariably the Ministry of Intelligence involved with these types of illegal acts. The names of the individual agents/police committing the act of arrest are not known.

2.7       Date and place of arrest

25 May 2007, a street in Zengan

2.8       Any circumstances under which the arrest was made that are relevant to the violation

We present the circumstance using the information by Amnesty International (MDE 13/068/2007) on 7 June 2007 “Throughout May 2007, Iranian Azerbaijanis demonstrated to mark the first anniversary of protests against the publication in a national newspaper of a cartoon which was offensive to many Iranian Azerbaijanis. In the course of the May 2006 demonstrations, up to 19 individuals were reportedly killed and hundreds arrested.

During the May 2007 demonstrations, which asserted Azerbaijani linguistic and cultural rights, demonstrators shouted slogans such as “Türk dilinde medrese olmalıdır her kese” (Schooling in Azerbaijani Turkic for all). The events resulted in a considerable increase in tension in a range of the areas where Iranian Azerbaijanis live. The authorities have increased the security presence in mainly Azerbaijani cities and Amnesty International has received reports of scores of arrests, harassment of demonstrators and passers-by in cities such as Tabriz. According to the Committee for the Defence of Azerbaijani Political Prisoners (Azerbaycan Siyasi Mahpuslarını Müdafaa Komitesi, ASMEK) website, more than 500 political activists have been detained or have been the victims of enforced disappearance in recent weeks. On 7 May, the Minister of the Interior was summoned to parliament to respond to concerns over the use of force and violence against demonstrators, expressed by parliamentarians from Azerbaijani regions.”

                The above describes the circumstances for the arrest and detention. The Iranian authorities did not issue any communiqué on the arrest and detention.  The victim was again arrested after the arbitrary sentence against him was confirmed by the Iranian Appeal Court, as shown in Table 4. This communication is related to the second arrest but the first arrest is also relevant.

2.9       Nature of charges, if any, and the legal statute invoked

          There was no imputed charge, as the Iranian authorities religiously covered their track to hide the heinous face of their racist acts.

            The imputed charges became apparent only after the publication of the confirmation of the sentence by the appeal court and they are (1) spying and (2) acting against the present regime – see Table 4, the translation of the sentence.

           

2.10     Potential penalties the individual or group faces

          A total of 8 years: 7 years for spying and 1 year for undermining the Islamic Republic of Iran.

2.11     Place of detention, if known

          He was shuttled between a detention place in Zengan and Wing 209 of Evin prison, Tehran.

2.12     Term of detention

            No information emerged from the underworld of Iranian disinformation system until the sentence against the victim was confirmed.

2.13     Information on the provision of access to legal counsel and family members

          Mr. Metinpur had no access to a lawyer and his lawyer was not allowed to access him either.

2.14     Steps taken to seek administrative or judicial remedy, nature of the remedy sought, legal entity before which proceedings have been taken, and stage or result of such proceedings

          The campaign for safeguarding the victim’s human rights was strong when he was in detention, including an Urgent Action by Amnesty International, a report by the Borderless Reporters, and Iranian Alumni Organisation.

            Even stronger campaigns are now underway by the Azerbaijani Diaspora as the victim has now turned into the national conscience of Azerbaijan.

2.15     If the defender is being prosecuted in the courts for any activity in defence of human rights or related activity, or as a consequence of such activity:

          It is difficult to provide direct information on this but his courageous defence of many other human right defenders (e.g. Rza Abbasi Ref: ) and many other activists, such as a national leader of Southern Azerbaijan was an altruistic campaign in the best interest of human rights.

2.15.1 The date and location of the trial

11 May 2008

2.15.2 The court hearing the case

          As confirmed by Reporters without Border (http://www.rsf.org/article.php3?id_article=27446), the court hearing was closed and the victims lawyer was not of the access to the court.

2.15.3 The relevant appeal procedures

            -The victim lodged his appeal sometimes between June and November 2008. The appeal procedures are not known to us.

2.15.4 The penalties the group or individual faces

          The sentence against the victim was reinforced in this closed hearing, where the victim’s lawyer was denied of access. The arbitrary sentence is a total of 8 years (7 year for spying, and 1 year for undermining the Islamic Republic of Iran).

3.       Perpetrator(s) of the alleged violation

 

3.1       Name(s), if known

          We consistently maintain that the authorities are extremely careful to cover their track on matters related to the politics of or national and human rights of Southern Azerbaijanis. So all the perpetrators are harboured dearly by the authorities and any record is likely to be falsified. Even the verdict issued by the appeal court does specify this. This may mean something to lawyers but unfortunately we are not lawyers and you may take this further.

3.2       If they are members of the security forces, their rank, functions, the unit or service, etc., to which they belong

          Please refer to 3.1, above.

3.3       If they are members of a civil defence group, paramilitary or other forces or an armed group, details on whether or how these groups relate to the State (e.g. cooperation with the State security forces, including information on chains of command, if available, State collusion with or acquiescence in their operations)

           Please refer to 3.1, above.

4.       Steps taken by or on behalf of the victim or organization to seek a remedy at the national level

4.1       All relevant information regarding whether a complaint was filed

          There is no opportunity to complain. Ironically, this was the point that the victim made in defence of Mr. Rza Abbasi, another human right defender, whose human rights were violated by Iranian authorities. We attach the appropriate text for your information.

4.2       If so, when, where, by whom and before which authority

5.       Steps taken by the concerned authorities

5.1       Whether or not an investigation or inquiry into the alleged violation has been initiated and/or concluded

           This is not really relevant in Iran when the victims are promoting the national and human rights for the nation of Southern Azerbaijan. The authorities are then most brutal and many organisations collude with one another including: the judiciary system attached to the Ministry of Justice, Ministry of Information, Ministry of Interior responsible for prisons, the police and many paramilitary organisations. We are definitely not expecting any governmental investigation.

5.2       If so, by which authority, ministry or department of the Government

           Please refer to 5.1, above.

5.3       Progress and status of the inquiry or investigation at the time of submission of the allegation

           Please refer to 5.1, above.

5.4       Whether or not the investigation or inquiry has resulted in charges or other legal action

           Please refer to 5.1, above.

5.5       If so, the reason why the result is unsatisfactory

           Please refer to 5.1, above.

5.6       Measures, if any, taken to protect person(s) under threat

           Please refer to 5.1, above.

6.       The violation alleged may not be the result of one incident or event, but may be a continuing violation owing to conditions, policies, practices or laws that obstruct the promotion, protection and/or realization of human rights

More background to this is given in our Communications and their Updates as refernced in Table 3.

6.1       All relevant information regarding such conditions, policies, practices or laws

6.2       The nature of the prejudice suffered by an individual or group(s) working for the defence of human rights because of the above

          Some of the symptoms of the racist policies of the Islamic Republic of Iran include:

·         Undermining the economical integrity of Southern Azerbaijan

·         The environment of Southern Azerbaijan is approaching a disaster, where the Iranian authorities regard our homelands as their backyard.

·         The prejudice is widespread, as our mother language is treated in contempt and as any legitimate talk of mother language is taken by the Iranian authorities as a sure sign of separatism. There is no single classroom in our mother tongue and the nation is extremely upset about this and this is not tolerated anymore. The authorities are even violating their own Constitution with appropriate provisions for education in mother tongues.

6.3       Methods used to impede the work of human rights defenders on the basis of the above conditions, policies, practices or laws

            Intimidation, detention, imprisonment, flogging, financial crippling of the victims by releases on bail or fining and also shutting down businesses under the official seal.   

6.4       Agencies (State, non-State) employed to harass, intimidate and/or injure human rights defenders on the basis of these conditions or in implementing such laws, practices and policies

          Security agents of the Ministry of Intelligence, paramilitary units of Basij and Pasdar, and the police      

6.5       Possible measures that can be taken to remedy the situation

          International campaign

6.6       Any action taken by individuals or groups at the national level to reverse the conditions, policies and practices or for reform of the laws that are contrary to the rights recognized by the Declaration

There are no outspoken members of parliament and therefore no hope for any outcome.

Name and full address:

Mr. Boyuk Resuloglu,

Ayna, Sherifzade 1,

Baki,

The Republic of Azerbaijan

Telephone and fax numbers and e-mail address (if possible):

Tel/Fax: +47-99399225

Email: boyuk_resuloglu@hotmail.com

Note that DunAzHAK is an NGO devoted to the defence of human rights of Southern Azerbaijanis.

 

 

Azərbaijani Turkic

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