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AAAS Human Rights Action Network

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FACTS OF THE CASE:

In November 2002, the Iranian government sentenced Dr. Hashem Aghajari, a professor of history at Tarbiat Moddaress University in Tehran, to death for apostasy, or the renunciation of his belief. The charges were related to a philosophical lecture he gave in which he rejected demands to "blindly follow" clerical rule and called for reform within the Islamic clerical establishment. Dr. Aghajari's speech prompted an immediate outcry from hard-line clerics, who claimed that he was attacking the Prophet of Islam and fundamental Shiite Islamic traditions. Dr. Aghajari repeatedly denied that his speech was intended as an attack on Islam or the Prophet and apologized for any inadvertent offense his remarks may have caused.

According to the Middle East and North Africa Division of Human Rights Watch, "Professor Aghajari was simply exercising his right to engage in non-violent political and philosophical debate. … In bringing these charges against Prof. Aghajari, his accusers have affirmed his arguments. By charging that his criticism of them constituted apostasy, they are hiding their political interests behind religious doctrine." Human Rights Watch is urging the Iranian government to immediately release Dr. Aghajari.

Many religious leaders from the more liberal end of the spectrum also opposed the death sentence. Several senior religious officials ruled that there was nothing culpably blasphemous about Dr. Aghajari's speech. Several of Dr. Aghajari's students staged a three-day hunger strike in protest of the sentence.

Dr. Aghajari was tried and found guilty of apostasy in August 2002 in a trial that observers believe did not meet international standards of fairness; it was held behind closed doors and Dr. Aghajari was granted only limited access to his lawyers. Dr. Aghajari's sentence also includes 74 lashes of the whip, eight year's imprisonment and internal exile, and a 10-year prohibition from teaching. Once he receives the official text of his sentence, he will have 20 days to lodge an appeal. Dr. Aghajari's lawyer, Saleh Nikbakht, stated that he will appeal the verdict and he remains optimistic that the Supreme Court will overturn what he considers a "strong and harsh" sentence.

Dr. Aghajari's family is very concerned about his health while he remains in prison. His right leg was amputated during the Iran-Iraq war. His family received reports that Dr. Aghajari's leg has been operated on since he has been imprisoned.

(Sources of information for this case include: The Middle East and North Africa Division of Human Rights Watch and BBC News.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 19(1): Everyone shall have the right to hold opinions without interference.
• Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

International Covenant on Economic, Social and Cultural Rights

• Article 12: (1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2): The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

Universal Declaration of Human Rights

• Article 05: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Urging the government to immediately and unconditionally release Dr. Hashem Aghajari as it appears that he is being persecuted for exercising his right to freedom of expression as guaranteed under Article 19 of the International Covenant on Civil and Political Rights, to which Iran is a state party;
• Requesting that, if a further retrial be deemed necessary, that it be conducted according to internationally accepted standards of fairness and openness;
• Urging the government to ensure that Dr. Aghajari receives fair and adequate medical attention while in prison; and
• Calling on the judicial authorities to implement a moratorium on the use of the death penalty, which as cruel, inhuman and degrading punishment is prohibited under Article 7 of the International Covenant on Civil and Political Rights.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency Ayatollah Mahmoud Hashemi Shahrudi
Minister of Justice
Ministry of Justice
Park-e Shahr
Tehran, Islamic Republic of Iran
Fax: 011 98 21 879 6671(put "ATTN: Director of Internat
irjpr@iranjudiciary.com (ATTN: HE Ayatollah Shahr
Salutation: Your Excellency

His Excellency Hojjatoleslam val Moslemin Sayed Mohammad Khatami
President of Iran
The Presidency, Palestine Avenue
Azerbaijan Intersection
Tehran, Islamic Republic of Iran
khatami@president.ir
Salutation: Your Excellency:

His Excellency Ayatollah Sayed 'Ali Khamenei
Leader of the Islamic Republic of Iran
The Presidency, Palestine Avenue
Azerbaijan Intersection
Tehran, Islamic Republic of Iran
webmaster@wilayah.org Re line: ATTN: office of HE,
Salutation: Your Excellency:

COPIES SENT TO:

His Excellency Kamal Kharrazi
Minister of Foreign Affairs
Ministry of Foreign Affairs
Sheikh Abdolmajid Keshk-e Mesri Av
Tehran, Islamic Republic of Iran
Fax: 011 98 21 390 1999 (ATTN: Human Rights Dept.)
Salutation: Dear Mr. Minister

Iranian Interests Section
c/o Embassy of Pakistan
2209 Wisconsin Ave NW
Washington DC 20007
Fax: 1 202 965 1073

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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