Mohammad Ali Dadkhah

Lawyer Mohammad Ali Dadkhah, co-founder and spokesperson for the Defenders of Human Rights Center (DHRC), was sentenced by Branch 15 of the Islamic Revolutionary Court on 3 July, to nine years in prison, a ten year ban from teaching in universities, a ten year ban from practicing as an attorney, $300 in fines, and five lashes. Dadkhah’s charges were, “cooperation in the soft overthrow of the regime,” “propaganda against the regime,” “interviews with some media outlets,” “distortion of members of the regime,” “dark portrayal of the state of cultural heritage,” and “compiling the book ‘Writing and Reporting’”, which was published by the DHRC.

Pointing out that the court’s verdict was not handed down to him according to the country’s legal procedure code, Dadkhah told the Campaign: “I went to the court on Sunday morning and I saw the verdict there. But, unfortunately, because they did not hand me the verdict, and because I only had permission to read the contents and take notes, I can’t remember some parts of the verdict. In addition to a ten year ban from teaching and practicing as a lawyer, I was sentenced to nine years in prison for my activities  and being the spokesperson for the DHRC.  I was also sentenced to one year in prison on the charge of propaganda against the regime, $300 cash fine for having a satellite dish, and 5 lashes for another charge that I can’t exactly remember, which was convertible to a cash fine. Also, there was another conviction that I do not remember.”

“I am glad that they did not sentence me to death by hanging, because it was possible that they might have decided on execution. You know, one must always think positively. In a part of my book, ‘Nowruz, the Philosophy of Being’, I promote positive thinking and for the same reason, I do not talk negatively about the verdict. And I thank God that I did not get a worse sentence than this. I am not at all worried about these sentences, because I have acted lawfully and in defense of my homeland, and it is natural for someone who takes a step in the direction of law and order to be treated badly by those who are against law and order,” Dadkhah continued.

“I do not know what I did wrong when I said the city subway must not run under Isfahan’s Si-o-se Pol, against all logic, science, and the law! Have I caused the destruction of cultural heritage for having said that the city subway will destroy the Si-o-se Pol, and that it will also affect Chahar Bagh School, Hasht Behesht Palace, and Isfahan Bazaar; or those who have launched the subway?! Am I the one who is causing damage to a national and historical monument because I asked why a dam is constructed in the vicinity of the Tomb of Cyrus, which has no equal in the world, or are those who took these actions? At least have some fairness and be just and impartial,” Dadkhah said in protest of his sentence.

“I have about 30 days to object to the verdict handed down by the lower court, and I hope to convince the appeals court with reasons that the lower court lacked the necessary judicial legitimacy when issuing the verdict,” continued Dadkhah.

Mohammad Ali Dadkhah is currently defending many student and political activists arrested following the disputed 2009 presidential elections. He is also representing dervishes from Gonabad in their court case regarding the destruction of their mosque. He was arrested on 8 July 2009 at his office following heightened pressure on lawyers. He was in prison for more that 60 days.

The Campaign called upon the Judiciary to allow representatives of the Defenders of Human Rights Center (DHRC), a group led by Nobel Peace Laureate and human rights lawyer Shirin Ebadi, to observe the trial, which will take place next week.

“In the absence of independent observers, Saberi’s prosecution will continue to lack legitimacy and will further deprive her of due process,” said Campaign spokesperson Hadi Ghaemi.

“Here’s a chance for the Iranian justice system to demonstrate its impartiality and independence from the Intelligence Ministry. But the planned secret appeals trial can be manipulated by the intelligence apparatus, and will not serve justice,” he added.

On 5 May 2009, Alireza Jamshidi, the Judiciary’s spokesperson, told a press conference that Saberi’s appeals trial will take place next week at Branch 14 of Tehran’s Appeals Court. He said the trial will be closed to the public and will include representatives of the Intelligence Ministry, the Prosecutor’s Office and the Iranian Bar Association.

While the presence of an intelligence official and prosecutor is routine in cases brought against defendants by the Intelligence Ministry, the addition of a member of the Bar Association appears to be a ploy to deflect attention from the fact that authorities have denied Saberi the right to independent counsel by refusing her to employ Shirin Ebadi and her team of lawyers to represent her.

After Saberi’s conviction to eight years in prison on espionage charges on 18 April by a lower court, her family asked Shirin Ebadi and her colleagues from DHRC to represent her. However, after five attempts by Ebadi and her colleagues to meet with Saberi and prepare for her defense, the authorities refused to allow her to choose her legal representation.

The Campaign noted that the Iranian Bar Association lacks independence and is controlled by the Judiciary, which has previously prevented Bar Association members to elect independent lawyers on its board.

The continued secrecy regarding the evidence against Saberi is a violation of Iranian laws and international standards for fair trials. The authorities have failed to even disclose under what article of the law Saberi has been indicted. Her father has publicly announced that Saberi’s conviction is based on confessions extracted under duress and false promises made by her interrogators.

Although Iranian officials, including President Ahmadinejad and head of the Judiciary Ayatollah Mahmoud Hashemi Shahroudi, have called for a fair appeals process, legal proceedings continue to demonstrate a lack of conformity to due process standards. Those calls for fairness and justice now seem insincere or are possibly being disregarded.

In light of the Judiciary’s failure to disclose convincing evidence against Saberi, the Campaign called on the Iranian authorities to acquit and release Saberi during the appeals process.

“Any other outcome from the appeals process, given absolute lack of evidence, would be unacceptable and should be strongly condemned by the international community,” Ghaemi said.

UPDATE: (16 March 2009) Jinous Sobhani was released on 11 March 2009 on bail of approximately $73,000 (700,000,000 Rial).

(5 February 2009) Jinous Sobhani, former secretary at the Defenders of Human Rights Center (DHRC) and the Organization for the Defense of Mine Victims, was arrested by security agents on 14 January 2009. Authorities confiscated her address book, telephone and other work materials and took her to Evin Prison.

Both the DHRC and ODMV were established by Nobel Peace Laureate Shirin Ebadi and Sobhani was an employee there until authorities shut down the DHRC claiming it is an illegal organization. The DHRC was one of the leading human rights organizations in Iran.

Sobhani is also a member of the Baha’i Faith, the largest religious minority group in Iran. She is being held incommunicado along with the other Baha’is arrested on 14 January. She has not been allowed to visit with a lawyer and there are fears she and her fellow prisoners are being tortured.

(Sent via email on 13 January 2009)

Dear Emerlynne Gil,

Thank you for your message. I just submitted the Letter to the Legal Unit of the Commission. It is worth mentioning that the Legal Unit of the Commission informed me of the fact that, just after receiving the news, it took immediate action and wrote to the judicial authorities asking for information about the case.

According to the Follow-up Unit of the Commission, The only received report of authorities states there is no judicial case for any of the DHRC’s members, and lack of formal license for establishment and organizational activity has been declared the reason of closure.

As it is commonly clear, there are some political challenges and dissensions between some members of the organization and the government. The Commission hopes that the political challenge could be settled through legal measures and constitutional principles, by respecting human rights norms.

As soon as I received any further reports and any other updates from the legal Unit, I will share.

If I can be of any further assistance, please feel free to write.

Best Regards,

Mehrdad Fallahi
International Affairs,
Iranian Islamic Human Rights Commission (IHRC)

Mr. Mohammed Hassan Ziaifar
Chairperson
Islamic Human Rights Commission of Iran
North Sohrevardi Street, Gharghavol Alley
Number 6
Teheran
Islamic Republic of Iran

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Dear Mr. Ziaifar,

We write to you today to express our deep concern regarding the recent closure of the Defenders of Human Rights Center (DHRC) in Tehran on 21 December 2008. According to our sources, at around 3:00pm on that day, right before the DHRC was about to start their event commemorating the 60th Anniversary of the Universal Declaration on Human Rights (UDHR), police and security officials arrived at the DHRC’s premises and shut down and sealed its offices without a court order. Moreover, according to our sources, these police and security officers also physically assaulted one of the members of DHRC, Mr. Ismaiel Zadeh.

Before police and security officers locked and sealed the offices of the DHRC, they took a video of the premises and also filmed guests who were arriving for the celebration of the 60th Anniversary of the UDHR. They prevented these guests from entering the DHRC’s premises and confiscated the cameras of journalists who were present that day.

Allegedly, the reason for the closure of the offices of DHRC is that it is not currently registered with the government.

We believe that the closure of the offices of the DHRC is inconsistent with Article 22 of the International Covenant on Civil and Political Rights, which states that everyone has the right to freedom of association with others. It is also inconsistent with Article 5 of the UN Declaration on Human Rights Defenders, which provides that everyone has the right, individually and in association with others, to form, join, and participate in nongovernmental organisations, associations, or groups.

There are indeed allowable restrictions to the freedom of association, but it is a basic principle under international human rights law that procedural formalities for the registration of organisations should not be too burdensome as to amount to a substantive restriction on the right to free association. Restrictions on the right to freedom of association must be clear, precise, unambiguous, and more importantly, should be prescribed by law. These restrictions should never be used to perpetrate repressive practices of the government.

We would like to point out that the DHRC has undertaken to register with the Interior Ministry since its establishment in 2000, and has detailed these efforts to submit all the required documents in its 3rd statement, issued on December 24, 2008. However on September 21, 2006, the head of the Interior Ministry Commission who is responsible for approving the constitution and registration of any group, stated in an interview with the Islamic Republic News Agency that the HRDC is not illegal, and that the delay in issuing its licence is the fault of the Interior Ministry.

Finally we would also like to remind you of the recommendations made in the Concluding Statement of the 13th Annual Meeting of the Asia Pacific Forum (APF) in Kuala Lumpur, Malaysia, wherein it “requested that the Iranian Islamic Human Rights Commission make efforts to protect human rights defenders and promote the registration of such organisations in accordance with the Iranian Constitution and national law.” 1

We therefore strongly encourage the IHRC to abide by international human rights law and the request of the APF and actively facilitate the registration of non‐governmental organisations. We also strongly encourage the IHRC to conduct an investigation into the issue of the closure of the offices of the DHRC, with a view towards helping the organisation re‐open its premises and resume in conducting its activities in promoting and protecting human rights in the country.

We shall be grateful to hear your response on this matter. We look forward to hearing from you soon. We remain committed to engage with you in your work promoting and protecting human rights in Iran.
Sincerely,

Emerlynne Gil
Coordinator
Asian NGOs Network on National Human Rights Institutions

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1 Paragraph 14, Concluding Statement at the 13th Annual Meeting of the Asia Pacific Forum (APF) of National Human Rights Institutions, Kuala Lumpur, Malaysia.

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The following are the members of the Asian NGOs on National Human Rights Institutions (ANNI):

ADVAR – Iran
Ain o Salish Kendra (ASK) – Bangladesh
Asian Center for Human Rights (ACHR)
Asian Forum for Human Rights and Development (FORUM-ASIA)
Cambodian League for Promotion and Defence of Human Rights (LICADHO)
Center for Human Rights and Development (CHRD) – Mongolia
Center for Organizing Research and Education (CORE)
Citizens’ Council for Human Rights Japan (CCHRJ) – Japan
Commission for Disappearances and Victims of Violence (KONTRAS) – Indonesia
Defenders of Human Rights Center – Iran
Education and Research Association for Consumer Education (ERA Consumer)- Malaysia
Hong Kong Human Rights Monitor (HKHR) – Hong Kong
Human Rights Organisation of Kurdistan
Indonesian Human Rights Monitor (IMPARSIAL) – Indonesia
Indonesian NGO Coalition for International Human Rights Advocacy (HRWG)-Indonesia
Informal Service Sector Center (INSEC) – Nepal
Institute for Policy Research and Advocacy (ELSAM), Indonesia.
International Campaign for Human Rights in Iran
Japan Federation of Bar Associations (JFBA) – Japan
Judicial System Monitoring Program (JSMP) – Timor Leste
Korea House for International Solidarity (KHIS) – Korea.
Law and Society Trust (LST) – Sri Lanka
Lawyers’ League for Liberty (LIBERTAS) – Philippines.
Maldivian Detainees Network (MDN) – Maldives
People’s Watch – India
Philippine Alliance of Human Rights Advocates (PAHRA) – Philippines
Suara Rakyat Malaysia (SUARAM) – Malaysia
Taiwan Association for Human Rights (TAHR) – Taiwan