Dr. Iahidji’s Letter to UN Human Rights Commission and their Response

          
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          10. Therefore, in the absence of any argumentation by the Government to IIe contrary, the
          Working Group cannot but conclude that Mr. Pourzand was prosecuted against and
          convicted to a prison term because of his Convictions and the expression of his opinion.
          11. In IIe light of the foregoing, IIe Working Group expresses the following opinion:
          OEe detention of Syamak Pourzand, being in contravention of Article 19 of IIe
          Universal Declaration on Human Rights and of Article 19 of IIe International
          Covenant on Civil and Political Rights, is arbitrary and falls wiIIin category II of IIe
          categories applicable to the consideration of cases submitted to IIe Working Group.
          12. Consequent upon IIis Opinion IIe Working Group requests IIe Government of the
          Islamic Republic of Iran to take the necessary steps to remedy IIe situation of Syamak
          Pourzand in order to bring it into conformity wiII IIe provisions and principles incorporated
          in the Universal Declaration on Human Rights and in the International Covenant on Civil
          and Political Rights to which the Islamic Republic of J.ran is a Party.
          Adopted on 9 May 2003
        

          
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          NATIONS UNIES UNITED NATIONS
          HAUT COMMISSARIATAUX DROITS DE LHOMME HIGH COMMISSIONER FOR HUMAN RIGHTS
          T 1 f (41-22)9179006
          T I gr mmes: UNATION S. CEN EVE
          T6I phone: (41-22) QI? 92 89
          Em mdeI I m @ohIIr. rg
          REF5N 2 G'SO/21 8(2) Palais des Nat ions
          Cl- ! 1211 Ge n vc 10
          La 11 Juillet2003
          Docteur Lahidji,
          Je me perinets de m' adresser vous suite Ia 36 mc session du Groupe de travail sat Ia
          detention arbitraire pendant laquelle le Groupe de Travail a adoptd plusleurs Opinions stir des cas
          de d tention qu il avail re us. Le Groupe de Travail a d cid notamment de transmettre ses
          Opinions, apr s les avoi .r envoy es aux Gauvernements concern s. aux sources d'information qui
          lui avaient communiqu ces eas.
          Suite & cette ddcision veuillez trouver ci-joirit l 5 Avis No. 8/2003 (R publique islamique
          d Iran) sur un cas que Ia Ligue pour la DLense des Droits de Fhomme en Iran a pr sent , Cette
          Opinion sera aussi refl t e dat-is le prochain rapport que le Groupe de travail pr sentera la
          Commission des droits de l'honime.
          Je vous prie d agr er, Docteur Lahidji, l'assurance de ma eonsid ationJr y istingu e.
          , 4iei de la Lam, .
          / 1 Secr ta.jre
          Groupe d 'travail stir la d tention arbitraire
          Ci-joint: Avis N 0 8/2003 (R pub1ique islamique d'Iran)
          Dc,cteur Abdol-Karjm Lahidji
          Pr6sident
          Ligue pour Ia Defense des Dro its de l'homme en Iran
          LDDI-I1
          B.P. 2-75624
          F-Paris cedex 13
          (FaxN 0 33 146312160)
          s 1 2
        

          
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          OPINION No. 8/2 003 (islamic Republic of Iran)
          addressed to the Governn enton 14 February 2002
          Q in Mr Syaniak Pouzzand
          The State has ratjffied the Jntemationaj C on(iyjj and Political Rig s
          I. OEe Working Group on Arbitrary Detention was established by resolution 1991/42 of IIe
          Commission on Human Rights. The mandate of the Working Group was clariffied by
          resolution 1997/50, arid extended by resolution 2003/31, Acting in accordance with its
          methods of work, the Working Group sent to IIe Government the above-mentioned
          COXfllflur]jcatjon
          2. The Working Group conveys its appreciation t the Goveriunent for having provided IIe
          requested information.
          3. The Working Group regards deprivation of liberty as arbitrary in the following cases:
          (i) When it manifestly cannot be justiffied on any legal basis (such as
          conffinu J detention aifier the sentence has been served or despite an
          applicable amnesty act (category I);
          (ii) When the deprivation of liberty is the result of a judgemen or sentence for
          the exercise of IIe rights and ffl doms proclaimed in articles 7 13, 1.4, 18,
          19, 20 and 21 of the Universal Declaration of }iuman Rights and also, in
          respect of States parties in articles 12, 18) 19, 21, 22, 25, 26 and 27 of the
          International Covenant on Civil and Political Rights (category II);
          (iii) When IIe complete or partial non -observance of IIe international standards
          relating to a fair trial set forth in IIe Universal Declaration of Human
          Rights and in IIe relevant international instruments accepted by the States
          concerned is of such gravity as to confer on IIe deprivation of liberty, of
          whatever kind, an arbitrary character (category III).
          4. In IIe light of IIe allegations made, the Working Group welcomes IIe co-operation of the
          Goverx ment. OEe Working Group tnnsmjfled the reply provided by the Government to the
          Source, which made comments on it. The Working Group believes that it is in a position to
          render an Opinion on the facts and circumstances of the case, in IIe context of the allegations
          made and IIe response of the Government thereto.
          5. According to IIe infom atjon submitted by IIe source, Symak Pourzand, aged 72, is a
          journalist and manager of IIe Majmue-ye Farhangi-ye Honari-ye Teliran (the Tehran
          Cultural Centre) and is man-ied to Ms. Mehranguiz Kar, a lawyer. Mr Pourzand was attested
          on 24 november 2001, at Ms. Mahin Pourzand's (his sister) place of residence in Teheran by
        

          
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          four militiamen who took him with no warrant or explanation. On 7 December2001, Ms,
          Pourzand was allegedly requested to take him a chan c of clothes. Mr Syamak Pourzand was.
          at the time when the communication was submitted. and is currently detained on the orders of
          the Islamic Revolutionary Court of Tehran.
          6. On 12 or 13 January 2002, Ms. Pourzand was permitted to meet with Mr. Pourzand at the
          Edare-ye Ainaken, or Bureau of Premises, also known as the Committee for Propagation of
          Virtue and Prohibition o f V ice, for a m eetin that I asted 1 0 m iriutes, His w ife, w ho is o n
          medical treatment in IIe United States, and his sister, in Teheran, have reportedly flied
          complaints to police and judicial authorities, and have written to the Presidency of the
          Republic, to no avail.
          7. The Government provided the Working Group wiII the following information: Mr.
          Pourzand was arrested following a complaint submitted by Ms. Venus Farimer, who claimed
          having been abused and victim of sexual harassment by him, and was charged wiII several
          affences ; Inifiaction against the moral et abuses according to articles 637 and 639 of the
          Penal Code; propaganda against the Islamic Republic of Iran (article 500 of the Penal
          Code); spying against IIe iranian State (articles 501 and 505 of the Penal Code) and
          undermining State security (Penal Code, article 512).
          8 On 22 November 2001, the General Court of Tehran ordered IIe arrest of the denounced.
          on 24 November 2001, he was presented before IIe court. On the same date, IIe court
          ordered the preliminary investigations and returned the file to the police ordering it to do
          additional investigations. Later, IIe court ordered IIe release of IIe accused on bail. Not
          having been able to furnish IIe caution, Mr. Pourzand was kept in preventive detention and
          sent to a prison undei the authority of IIe Organization of Prisons. On 27 May 2002, Mr.
          Pourzand was transferred to Evin prison in Teliran. Once IIe investigations were ffinished,
          Mr. Pourzand' trial started and several audiences took place in presence of IIe accused and
          ofhis defense lawyer. The court was able to verify the veracity and well founded o fthe
          accusations and, art 13 April 2002, issued its verdict N 10, Mr. Pourzand was found guilty
          of having committed IIe above-mentioned offences and was condemned to ii years
          imprisonment, term which should take into account the time already spent in prison; to pay
          a fine of one million Rials and to suffer 80 lashes. Mr. Pourzand did appeal against the
          sentence. On 21 May 2002, IIe Tehran Appeal Court confirmed IIejudgmen.t.
          9. The Working Group deplores that the Government has failed to provide it with IIe text of
          the penal legislation applicable in the cases against Mr. Pourzand, despite the invitation to do
          so by its ChairmanlRapporteur in his letter of 14 February 2002. Neither was IIe judgment
          of 13 April 2002 of the General Court of Teheran convicting Sya.mak Pourzand submitted.
          The Working G-roup notes IIat the text of the criminal law provisions, which was not
          produced, and only referred to by the Government in very g eneral terms, has served as a
          basis of the Conviction of Mr. Pourzand. The reference to propaganda” against the Islamic
          Republic of Iran gives rise to serious doubts about IIe real nature and IIe motivation of the
          charges brought against him. It should be bearing in mind that, according to information
          available to the Group, Mr, Pourzand, practising the profession of journalist and being
          manager of IIe Teheran Cultural Centre. has a reputation of being politically critical towards
          IIe Government.