He had served as a member of editorial boards of Mosharekat, Yas-e No, and Vaghaye Ettefaghieh newspapers.  Pourostad was also one of the founding members of the Etemad Melli Newspaper’s editorial board.  He was dismissed from his position at Etemad Melli Newspaper last year.

Farhikhtegan was the last newspaper on whose editorial board Pourostad served.  He wrote for many reformist newspapers such as Etemad Melli, Mosharekat, and Salam.  

Vahid Pourostad is author and producer of a book series related to legal documents pertaining to Iranian press.  Some of the books he has published are ”Tous [Newspaper] Trial,” ”Ava [Publication] Trial,” and ”Adineh [Publication] Trial,” in which he discussed the formation of these publications and their court trial proceedings.

Soltani replied: “Moharebeh laws in Sharia are rendered on the condition that the individual engages in armed activities. This has been explicitly explained in all religious reference books. In Articles 86 and 89 of Iran’s Islamic Punitive Laws, there are several conditions set for this. For example it has been expressed that if a group is formed for armed confrontation–meaning that the group’s policy is one of armed confrontation–members and supporters of this group who have participated toward that armed group’s goals, may also be moharebs. This means that the individual must either have engaged in armed confrontation or he must have been a supporter or a member of an armed group and must have committed effective [deliberate] actions on behalf of that organization. If these conditions are not met, moharebeh is meaningless.”

Mohammad Amin Valian, one of the protesters, has been convicted of moharebeh because during the post-elections gatherings and protests he threw stones. We asked Soltani whether such an action can bring the moharebeh conviction?

He said: “Absolutely not! If the arrested individual is a member or a supporter of an armed group, or if he commits actions on behalf of that armed group, the law can treat him as a mohareb. When an ordinary individual who breaks a window or vandalizes or injures another person for whatever reason, including getting angry or going too far in his conduct, the law should confront him and punish him, but these actions do not constitute moharebeh.”

This journalist provides the example of another asylum seeker who had to work during the time he was waiting for his asylum application in order to make his ends meet.  This man couldn’t work legally, so he had to work without insurance and security.  He lost several fingers while on the job.  The business owner could not provide insurance for him, either.  He had to treat himself and continue to work with his injured hand.

According to this journalist, most of the available support is for journalists and political activists and assistance for other individuals is very limited, especially for people who wish to remain anonymous.  He says that a political activist is engaged in plastic recycling in a town in order to earn a living.  He says financial assistance for asylum seekers must be distributed in such a way so as to include these anonymous individuals, too.  

He told the Campaign that someone needs to go and talk to these individuals and to gain their trust.  He said one of the good things that has happened is that Iranians are collecting funds to help these people.  There is an assistance fund for asylum seekers in the city of Van in Turkey.  He also talks about Reporters Without Borders’ assistance for journalists.  Different people from Italy and Norway have also contributed financially.  He said women receive quicker interview dates from United Nations in order to end their asylum application cases more quickly.

This refugee said that several asylum seekers were faced with pressure from local communities in small towns.  Some have been beaten up.  He also told us about the refugees’ concerns about the third countries and their worries about their conditions in their destination countries.  This means that these refugees have to somehow deal with financial problems while worrying about their future.

Ahmad Jalali Farahani, the editor of social services of Mehr News Agency, was also arrested in the early hours of Sunday morning, only one day after being terminated from his position at Mehr News Agency. He worked a Iran Newspaper, which is affiliated with the Islamic Republic and Ministry of Culture and Islamic Guidance and is considered a pro-government publication. Somayeh Momeni, reporter for Nasim’e Bidari, who was previously a reporter for Iranian Students News Agency (ISNA), was also arrested at 3:00 a.m. on Sunday morning at her house.

Following the arrest of Committee of Human Rights Reporters members, Ali Kalaee, another member of this young human rights group was also arrested. Kalaee who at the moment is serving his military service must await his court case in military courts. Kalaee has been arrested twice before. The first time it was in the December 2008, and the second time in May 2009, after which he spent one month in Evin prison.

Top Lawyer Says Charges Inconsistent with Sharia Law

(8 February 2010) The International Campaign for Human Rights in Iran today strongly condemned the prosecution of a young student activist, Mohammad Amin Valian, under the charge of Moharebeh, or “enmity against God,” which is punishable by death and called the charges “grossly disproportionate.”

At least nine other protestors have been sentenced to death in similar unfair trials and are at risk of imminent execution. Five other protestors, including Valian, were prosecuted last week and face the death penalty if convicted. The main pieces of evidence used to convict the twenty-year old student are photographs showing him throwing rocks during Ashura protests.

The conviction of Valian, a student from Damaghan Science University, followed his denunciation in a student newspaper run by pro-government Basiji militias and subsequent arrest. Valian was also convicted of “corruption on earth,” “congregation and mutiny to commit crimes against national security,” “propagation activities against the Islamic regime,” and “insulting top regime officials.”

“The Judiciary, by this grossly disproportionate sentence, devalues the life of a promising young student,” stated Aaron Rhodes, a spokesperson for the Campaign.

“What is more, the conviction lowers the standards of the system, which, like any system of law, should protect life, not cheapen it,” he said.

Valian is one of sixteen protesters who have been subjected to a “show trial” for their peaceful political protests, and one of the five convicted of a crime carrying the death penalty.

During his trial, Valian confessed openly to throwing stones on three occasions during the protests, noting that they hit nothing, and asked the court to consider the reasons why he had thus expressed his feelings and frustrations. He also freely admitted to chanting “Death to the Dictator.”

A prominent human rights lawyer in Tehran, Abdolfattah Soltani, told the Campaign that according to Sharia law, the essential condition for applying the charge of Moharebeh to someone is the certainty that the defendant has engaged in armed activity.

“This has been clearly stated in all texts of Fiqh (religious jurisprudence). In articles 86 and 89 of the Islamic Penal Code, several conditions have been elaborated upon and in particular these articles clearly state, that if a group has been formed that engages in armed struggle, and if a person who is a member of such a group or associates with it promotes its goals through armed activity, then that is considered Moharebeh. Therefore, the condition of armed activity is essential in charging someone under Moharebeh and the person must have carried out effective actions. If these conditions are not present then the charge of Moharebeh cannot be applied,” he said.

Asked about the act of throwing stones in the street and if such activity can legitimately result in a charge of Moharebeh, Soltani said: “Absolutely not. If a person is arrested because of association with an armed group then Moharebeh may apply. But if an ordinary person, for whatever reason, such as anger or losing his temper, throws a stone, aimed at the destruction of some property or hurting someone, then there are other legal charges applicable and such actions do not rise to the charge of Moharebeh.”

Peers of Valian told the Campaign that he was one of the most active members of the Central Council of the Islamic Student Association. He had organized a number of political debates, which were also cited as evidence of the crimes for which he was convicted. Valian has been an active supporter of presidential candidate Mir Hossein Mousavi.

The Campaign called on the Head of the Iranian Judiciary to intervene in the case, and urged that Valian be released immediately pending an examination of his case by an independent committee of legal experts, which should look into all cases of those charged on the basis of their political protests.

Counting the illegal characteristics of executions of Arash Rahmaninia and Mohammad Alizamani, and describing the political trials of dissidents, she said: “This is how we witness news which are regretful: executions of two young men who according to their courageous attorney, Ms. Nasrin Sotoudeh–who wasn’t even allowed in their trial courtroom and the two had been arrested two months prior to Iranian presidential elections. The two men were promised release if they confessed in court that they had participated in street protests and intended to cause riots and overthrow the Islamic Republic’s regime. They believed these promises and confessed in court and unfortunately they were executed. Their arrests pre-dated the elections and their confessions were inadmissible as a result. The trials were held behind closed doors and far from their attorneys. It is worth noting that their lawyer was not allowed to enter the trial courtroom and for suspects with such heavy charges, the court appointed public defenders. I would very much like to know the name of that public defender. All his colleagues will have to know who is the individual who helped the Judiciary to execute two young men. They have not announced the lawyer’s name and I have heard that the appointed public defender has requested anonymity

The 2003 Peace Nobel Laureate said about the Head of Judiciary’s recent statements about political pressure on the Judiciary for punishing the suspects: “After many objections were voiced about the Judiciary’s conduct since Mr. Larijani’s appointment, he has in fact defended the Judiciary’s performance, saying that even though there is a lot of political pressure on the Judiciary, it is standing its ground. In fact he confirmed the Judiciary’s conduct, including the two executions.”

Continuing to describe what has been happening to human rights activists, Head of Center for Human Rights Defenders said: “Unfortunately, the situation of human rights defenders in Iran is very alarming. The government intervenes in their work on different pretexts. All recognized human rights defenders in Iran are either in prison or are living in hiding or have left Iran. In 1998, the General Assembly of United Nations approved the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, and the Iranian government voted in favor of this Declaration. In this Declaration, governments are asked to assist defenders of human rights. Working on human rights issues is a humanitarian act and governments must facilitate such activities. Now we can see what the Iranian government is doing with defenders of human rights. They are either in the corners of prisons awaiting long-term jail sentences or have gone into hiding or have had to leave Iran.”

Ebadi ended talking about the role of human rights defenders in Iran by saying: “Human rights defenders in Iran are acting on their most difficult historical responsibilities. Accepting all the risks, they continue to defend people’s rights through writing, talking, and defense and accept all the dangers and consequences. These known human rights defenders of Iran will change the Iranian history.”

Several sources told International Campaign for Human Rights that the arrested individuals have been transferred to Evin Prison. In all cases, the arresting officers searched the premises and took away personal computers, hand-written notes, and some personal items of the arrested individuals. Maryam Ghanbari was one of the last ones to be arrested in her home on the afternoon of February 8, 2010. She is an attorney, a member of Maydan Group, and a member of the Iranian Bar Association Independence Campaign. This campaign was formed after a revised set of bylaws were proposed for the Iranian Bar Association, turning it into a subset of Iranian Judiciary. Upon a request by prominent Iranian lawyers, then Judiciary Head Ayatollah Shahroudi agreed to table the proposal for six months. Ghanbari was born in 1983 and is a Jurisprudence graduate of Allameh Tabatabaee University.

Kaveh Ghassemi Kermanshahi, Maziar samiee, Mahsa Jazini, and Somayeh Momeni (the last two were arrested on February 9, 2010), members of the One Million Signatures Campaign are among those detained over the past ten days, about whose fate there is no information. Security Officers also arrested Zeinab Kazem Zadeh (arrested at 2:00 a.m. on February 7, 2010), Niloofar Laripour (arrested on February 2, 2010), female journalist Nooshin Jafari, Nazanin Farzanjoo, Golnaz Tavassoli, and student activists Nazanin Hassan Nia, Sahar Ghassemi Nejad (arrested on February 3 and 4, 2010). Arts arena activists Jamileh and Banafsheh Darolshafaee (arrested on February 4, 2010) and Ali Kalaee, member of Committee of Human Rights Reporters are also among those arrested. Golnaz Tavassoli who is an Arts student at Tehran Azad University was arrested by security police on the afternoon of February 4, 2010 at her home.

Mahsa Jazini worked with the Isfahan Section of Iran Newspaper, but was also active as a member of the One Million Signatures Campaign in Isfahan. She was also a “Starred Student” of Allameh Tabatabai University who was denied continuation of her education because of her social activities in the women’s rights field. She is at Isfahan’s Dastgerd Prison now. Niloofar Laripour who is a poet and lyricist and in charge of music section of Chelcheragh Weekly has had no other political activities other than attending Mir Hossein Mousavi’s campaign headquarters [during the June presidential elections].

Jamileh Darolshafaie was arrested after appearing at Ministry of Information’s offices following her summons. Intelligence officers asked her to tell her family to come to the Ministry of Information. After her sister and parents turned up, her sister Banafsheh was arrested. Her parents were also interrogated for several hours. Officers accompanied her parents to their home and searched the premises. Jamileh Darolshafaie is a graduate of music school who teaches music. She is also a screenwriter.

Sahar Ghassem Nejad and Nazanin Hassan Nia who belong to families of those executed in the 1980’s were arrested at 4:00 a.m. on February 3, 2010. Several sources have told the Campaign that these two were not involved in any political activities. Nazanin’s aunt spent time in prison in the 1980’s. The only link these two have with recent detentions is through Omid Montazeri and her mother Mahin Fahimi who were among those arrested. Mahin Fahimi’s husband was executed in 1987 along with an unknown number of other political prisoners. Islamic Republic of Iran’s authorities have never made any statements about these executions, choosing to remain silent.

Nazanin Farzanjoo is a student of French Translation who worked with a group of human rights activists. She was arrested at her home in Mehrshahr, Karaj, on February 2, 2010. Sama Bahmani was also arrested on February 2, 2010 in Mahabad. She is from Bandar Abbas and was arrested with her husband last August after publishing reports about violations of human rights in Kurdistan. Sanandaj Courts had sentenced her to three years’ suspended imprisonment for “propagation against the regime,” and “membership in human rights organizations.” In her verdict she was asked to avoid commuting in the Kurdish region and fraternizing with political individuals.

Several people who have recently returned from Tehran told International Campaign for Human Rights in Iran that at Imam Khomeini Airport, they spent a few hours with anxiety as their faces were compared to available photographs. One of these individuals who has recently returned from Tehran told International Campaign for Human Rights in Iran: “…after I checked in my luggage, an officer asked me to follow him to the side entrance door. In the room I noticed people sitting behind monitors showing hundreds of faces on them. They were not passport photographs, but photographs of people in different gatherings. In one photograph a girl had raised a fist and in another a young man was yelling.” These individuals said that at departure time, officers asked the names of destination states and cities and when they took people to the room where they checked for photographs, they searched on the cities where the individual was heading in order to see whether he or she had participated in rallys.

In another case, a young man who spent several weeks in Tehran, was asked to go into a room with a security officer after his passport was stamped at arrival. After they asked him to open his Facebook page on a computer, surprised, he told them that he did not have a Facebook page. The officer started searching for his name on Facebook and asked him to enter his Facebook account. After a few minutes of facing the young man’s resistance, he told him that he would face problems upon departure. No one caused him any problems upon departure, however.

Such actions to intimidate Iranians who live outside Iran are meant to prevent their presence in gatherings and are clear violations of these individuals’ citizens rights and their privacy.

According to an eye witness, Islamic Republic authorities send individuals into different gatherings outside Iran to take photographs of participants and to turn them into the Iranian authorities. In another case, a young man who participated in a demonstration in Germany noticed that someone was taking several pictures of his face. He went toward the photographer and asked him to stop taking photographs. When the man would not stop taking pictures, a scuffle broke out between the photographer and others who were following the episode nearby. In the end the police arrested them all. The young men insisted that this photographer was taking pictures for purposes other than personal use, so the police took his cell phone and looked through his photographs. The police officers were surprised to see that he had taken hundreds of pictures from different people’s faces on his cell phone.

After his sentence was issued, several student activists from northern Iran universities went to visit Ashkan Zahabian and he told them: “My sentence was issued in my absence and unfortunately there was no trial session for me. In the court sentencing document, they have claimed that I had not shown up to court. I strongly emphasize that I was never summoned to the court and my attorney was not aware of the summons. One of the other problems with this sentence is that an anonymous individual dropped the sentence document in our neighbor’s home and I received the document through my neighbor. It is unclear for me whether the person serving the verdict was a judicial officer or a mailman. Whoever it was, the server should have asked for a receipt from me or my family, and unfortunately, this was another violation.”

He added: “The next point is that in the investigation session which was held on November 2, 2009 in the presence of Babolsar Prosecutor, I was read the charges of “actions against national security,” and “propagation against the regime through establishment of Islamic societies in Northern Iran,” about which I defended myself by saying that there has never been an organization with such a name, nor has the intention for establishing such an organization ever been announced and no councils or initial boards have been set up for it. In the court verdict, I have been accused of “actions against national security,” and “propagation against the regime through riots and disruption in Mazandaran University’s order and security;” they never read me the charges regarding “email contacts with anti-revolutionary elements.” ”

Regarding his having been found guilty, Zahabian said: “Another point about the court’s ruling is that the indictment presented by the Babolsar General and Revolutionary Courts Prosecutor states that I have “implicitly admitted to the crime,” so they have found me guilty. [Even] after consulting with my lawyer, I could not comprehend this “implicit admission.”

Ashkan Zahabian is a former member of Ferdowsi University Islamic Society and a northern Iran student activist who served some time on these charges in Babol General Prisons and Mazandaran Ministry of Information’s Detention Center in Sari during last summer and fall.

Nooshin Jafari is one of the youngest Iranian journalists and one of the founding members of the Committee of Human Rights Reporters, a committee whose most active members are currently in prison and authorities are searching for its other members. Jafari was active in cultural reporting over the past few months. According to statistics published by international organizations such as Committee to Protect Journalists, an NGO based in New York, currently there are more than 47 journalists and writers in prison in Iran. Badrossadat Mofidi, Lili Farhadpour, Niloufar Laripour, Mahsa Hekmat, Parisa Kakaee, Mehraneh Atashi, Noushin Jafari, and Shiva Nazar Ahari are some of the others who were involved in publications or online journalism and are currently in prison.

Saeedeh Kordi Nejad who is a graduate economics student and was a student campaigner for Mir Hossein Moussavi’s presidential campaign was arrested on June 29, 2009 and transferred to Evin Prison. She was released on August 27, 2009. She was not home when security forces went to her home to arrest her in June. The officers put her roommate, Zoya Hassani, under pressure to tell them about Kordi Nejad’s whereabouts. Zoya Hassani who did not know where Kordi Nejad was, was faced with the officers’ anger; they beat her up, put a bag over her head, and transferred her to Evin Prison. She was released several weeks later with apologies. Saeedeh Kordi Nejad has left her home following the new wave of arrests by security forces.