Make a Donation 12/15/2009 International Campaign for Human Rig... • Home • News Archive • About the Campaign • Prisoners of Conscience Contact Us o Currently Imprisoned Links o Released on Bail Sign up for email upda sAcademic Freedom • Workers' Rights Espaflol • Women's Rights Reports Library Your Name (required ) Close Your Email (required) Send S S S S S S S INTERNATIONAL CAMPAIGH 91UMAN RIEHI.S. IRAF News Archive - 14th December 2009 No Evidence of Espionage in Tajbakhsh's File, Lawyer Says (14 December 2009) The case against the Iranian-American social scientist Kian 0 SHARE Tajbakhsh contains no evidence to support the allegations against him, according to the International Campaign forHuman Rights in Iran, following interviews with Masoud Shafie, Tajbakhsh's lawyer. Tajbakhsh has been sentenced to a 15-year pnson term for alleged espionage and actions against national security by a lower court and is currently in the appeals stage. The case has also been substantially invalidated by gross breaches of Iranian law and international standards for due process. Shafie recently studied the entire file compiled by prosecutors against Tajbakhsh. There is apparently no correlation between the evidence in his file and the conviction and sentencing of Tajbakhsh, while the file itself is evidence of the blatantly political and arbitrary nature of the case. Espionage is closely defined under Iranian law, and guilt needs to be established by evidence that highly confidential documents were passed to foreign governments. There are no references to such documents in the file. The file, only recently seen by Shafle, contains video clips of public demonstrations that Tajbakhsh allegedly emailed which hardly qualifiy as confidential or classified government documents. Tajbakhsh had no access to such documents in any event. Shafle has been continually prevented from seeing his client. After he reviewed the file, he received permission from the Revolutionary Court, branch 54, which is in charge of reviewing Tajbakhsh's case as the court of appeal, to visit him in order to flnahze the defense statement. FU I Looking for something? L IJ iranhumanrights.org/. . ./tajbakhsh-evicl... 1/5
12/15/2009 International Campaign for Human Rig... On 12 December, Evin prison authorities would not allow the visit. He was told to obtain permission from Judge Salavati of branch 15 of the RevolutionaIy Court. But Judge Salavati, who presided over the lower court sentencing Tajbakhsh, has no role in the appeals stage, based on applicable regulations. The authorities in ward 2 A of Evin Prison, under Revolutionaiy Guard management, did not pemiit the visit. The defense statement will need to be submitted without a prior meeting between lawyer and client, and their communications have been limited to sporadic telephone calls and messages transmitted by other visitors. Some of the more egregious violations of due process standards in this case include maintaining the defendant in temporary detention, which violates both Article 182 and Article 37 of the Judicial Proceedings of Penal Courts [ Aim Dacirasi Keyfari]. Under Iranian law, Tajbakhsh had the right to be released on bail after the primary investigation of his case. Moreover, in his file it is mentioned that Judge Salavati, had ordered his release on bail, stating that Tajbakhsh had reftised the offer of bail, and accepted to go to prison, which is patently false. The process also violated principle 139 of the Constitution and article 188 Judicial Proceedings of Penal Courts which stipulate that a defendant is to remain anonymous until charges against him are approved by the court. But charges against Tajbakhsh were publicized prior to their being approved by the court. The charges against Tajbakhsh are without merit because they do not refer to cnminal acts. Under Article 2 of the Islamic Penal Code, any actions that have not been identified as criminal may not be considered as the basis for a criminal charge. This apphes to the acts for which Tajbakhsh is charged, including for example, working as a consultant for the Open Society Institute (OSI), which is not a crime, Shafie said. The indictment against Tajbakhsh descnbed his service as a consultant to the OSI, an intemational foundation, as defacto seditious. But the activities of the OSI in Iran had been agreed to with the govemment of the Islamic Republic under a memorandum that defined those activities, and no activities were performed by Tajbakhsh or by the OSI that were not agreed to by Iranian officials, Shafie said. Furthermore, Tajbakhsh's consultancy with OSI ended in 2007, well before the recent elections. Finally, the indictment is ridden with factual errors that invalidate it. Among its unreal claims, for example, is that the defendant participated in illegal demonstrations, and was arrested while committing this crime, while in fact he was arrested on 9 July, 2009, at 21:00 at his home while he was with his wife. The Campaign reiterates its appeal to the Judiciary to examine the case against Klan Tajbakhsh in view of the numerous legal irregulanties and politicized charges that invalidate it, and to drop the charges so that he may return to his family and scholarly career. Make a Comment Name - required Email - required, never published Website Comment iranhumanrights.org/.../tajbakhsh-evic l... 2/5
12/15/2009 International Campaign for Human Rig... 4 Post Recently Added Content • Latest • Popular • Comments • Tags • Letter to Members of the United Nations on Human Rights in Iran - November 2009 With 5 connients since 2009-11-16 15:53:44 • Violations of Law and Due Process Standards in the Conviction of Atefeh Nabavi With 2 comments since 2009-11-30 17:40:29 • Crackdown on Students Ahead of National Student Day With 2 comments since 2009-11-24 18:32:49 • UN Resolution Condemning Iran Human Rights Violations Moves Forward With 2 comments since 2009-11-20 17:53:33 • New Charges of Espionage Filed Against Iranian-American Sociologist With 2 comments since 2009-11-25 23:05:27 • Top Student Leader Arrested With 1 comments since 2009-12-02 17:50:17 • UN General Assembly Resolution on Situation of Human Ri ts in Iran - November 2009 With 1 comments since 2009-12-02 00:21:14 • No Evidence of Espionage in Taibakbsh's File, Lawyer Says 14th December 2009 • Rights Groups Appeal to Judiciary to Stop Persecution 10th December 2009 • As Student Protests Continue, State Foments Civil Strife 9th December 2009 • Protests Engulf University Campuses 7th December 2009 • “ Mouniing Mothers” Arrested at Protest in Tebran 6th December 2009 • Top Student Leader Arrested 2nd December 2009 - 1 Comment> > • UN General Assembly Resolution on Situation of Human Rights in Iran — November 2009 2nd December 2009 - 1 Comment> > • Violations of Law and Due Process Standards in the Conviction of Atefeh Nabavi 30th November 2009 - 2 Comments> > • New Charges of Espionage Filed Against Iranian-American Sociologist 25th November 2009 - 2 Comments> > • Investigate Suspicious Death of Medical Doctor Witness to Torture at Kahnzak 25th November 2009 • Crackdown on Students Ahead of National Student Day 24th November 2009 - 2 Comments> > • the green movemen is fighting for something very valuable.indeed there is going Said amin on 2009-12-10 08:00:36 • Maiid Tavakoh was arrested on Dec 7, 2009 as he was leaving the university on S.. . iranhumanrights.org/.../tajbakhsh-evid... 3/5
12/15/2009 International Campaign for Human Rig... Said Mojdeh on 2009-12-10012743 • The Death Penalty is an abomination wherever it is practiced. Execution of iuve.. . Said joseph zemik on 2009-12-06 18:14:17 • Paolo cohelo states that if you really want something bad enougth then the whole.. . Said SafaEinollahion2009-12-06 15:1529 • Stop Execution in Iran, NOW!.. . Said Victor Aram on 2009-12-05 22:56:3 3 • Freedom is not a right in this world and once lost or if never had, comes at a It . Said Concemed American on 2009-12-05 22:27 :40 • WE NEED TO IDENTIFY THOSE COUNTRTES WHO VOTED AGATNST THE RESOLUTION. THIS WAY W.. . Said RostamFanokhzad on 2009-12-04 04:55:23 • Ok... Said Guido Zichichi on 2009-12-02 14:1749 • haft tapeh trade union stoning juvenile offenders roxana saberi intemational campaign for human rights in iggn khadijeh moghadam right to life majid tavakoli DHRC sanandaj Ayatollah Boroujerdi persecution of baha'is kaboudvand iranian election moussavi iranian elections arash alaei silva harotonian kamiar alaei ahmadinejad student detainees post-election united nations shiraz university Baha'i Faith emad baghi gjigh eghdamdoust detained Baha'is alaei brothers arbitrary detention one million signatures campaign Farzad Kamangar Bahai mansour osanloo Academic Freedom Workers' Rights #iranelection Shirin ebadi Defenders of Human Rights Center Women iran juvenile executions Students iran th Million Signatures Women's Rights human ri2hts iran Women's Rights The Iranian women's nghts movement is the most vibrant social movement in Iran today. Having built an extensive grassroots base, Iranian women are campaigning to fight legal gender discrimination. The govemment routinely persecutes and prosecutes women's rights activists. Report on the Status of Women Human Rights Defenders — April 2009 The Systematic Repression of Women May 2008 More on Women's Rights • “ Mouming Mothers” Arrested at Protest in Tehran 6th December 2009 • Targeting of Women's Rights Campaigpers Seen as Effort to Silence Them 2nd November 2009 • Human Rights Defenders Prevented from Leaving Iran, Women's Rights Advocaics Arrcstcd 1 ith May 2009 - 2 Comments> > • Member of the One Million Signatures Campaign Arrested on Baselcss Chargcs 27th April 2009 - 2 Comments>> News Archive Women's Rights Academic Freedom During the past few years, Iranian universities have been experiencing a new phase of govemment intervention in academic affairs, which is considered a second Cultural Revolution The present govemment policy is demonstrated on several fronts and is resulting in severe infringements on academic freedoms. Report on the Situation of Academic Freedom on University Campuses — December 2008 iranhumanrights.org/.../tajbakhsh-evid... 4/5
12/15/2009 International Campaign for Human Rig... More on Academic Freedom • Rights Groups Appeal to Judiciary to Stop Persecution 10th December 2009 • As Student Protests Continue , State Foments Civil Strife 9th December 2009 • Protests Engulf University Campuses 7th December 2009 • Top Student Leader Arrested 2nd December 2009 - 1 Comment>> Academic Freedom News Archive Workers' Rights Iranian workers and teachers are denied many protections of basic workers rights, as defined and articulated under longstanding intemational labor standards. Iranian workers are deprived of such fundamental rights both under Iranian labor law and in practice. Background Infonnation on the Rights of Workers in Iran March 2008 More on Workers' Rights • Labor Activists Begin Prison Tenm 9th November 2009 • Mother and Wife of Ailing, Impnsoned Labor Leader Plead for His Release 18th May 2009 • Release All Activists Detained on May Day 8th May 2009 • Security Forces Violently Attack and Detain Labor Rights Activists Observing May Day 1st May 2009 • Labor Actisists in Peril as May Day Approaches 30th April 2009 News Archive Workers' Rights Home About the Campaign I Contact Us Links RSS Espafiol Intemational Campaign for Human Rights in Iran 2009 © Powered by WordPress . Design by Ouommunication . iranhumanrights.org/.../tajbakhsh-evic l... 5/5