AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

Maharam Kamrani, a medical doctor, and Ebrahim Rashidi, an engineer, are being held in incommunicado detention in Tabriz, Iran without charges being made against them. They appear to be detained solely on account of their peaceful activism for the rights of the Azeri Turk minority community in Iran. Amnesty International fears they are at risk of torture and ill-treatment.

Kamrani and Rashidi were arrested at one o'clock in the morning at a bus station in the city of Ahar in Azerbaijan province on 30 March. The day before, they along with other Azeri Turk activists had contacted the authorities in order to obtain a permit to hold a commemorative event on 31 March, which was denied. After they failed to return home, the men's families tried to find them. Intelligence Agency officials (Ettelaat) confirmed that they had detained the men. Kamrani's younger brother Arsalan was ordered to come to the Intelligence Agency office to present his brother's birth certificate.

Another of Maharam's brothers, Saleh Kamrani, went to the Intelligence Agency office and submitted a visitation request and written request to represent his brother and Ebrahim Rashidi. He was threatened with imprisonment if he pursued his requests. Two other Azeri activists, Asgar Nouri and Jaber Mosavi, who went to the office of the Intelligence Agency to enquire on the whereabouts of Maharam Kamrani and Ebrahim Rashidi were also arrested, but have since been released.

Maharam Kamrani and Ebrahim Rashidi have not had access to their family or lawyer since their arrest. The families have visited their place of detention on a daily basis asking to see them, but have been unsuccessful and family members have been repeatedly threatened with arrest. On one occasion, Arsalan Kamrani caught a brief glimpse of the men in the courtyard, as they were being transferred to another detention facility. The men were chained together and handcuffed. On or around 2 April, the men were reportedly transferred from Ahar to Tabriz, to another detention facility run by the Intelligence Agency. It is believed that they have not been charged.

Iranian Azeri Turks, who are mainly Shi'a Muslims, are the largest minority in Iran, and constitute between 25-30 per cent of the population. They are located mainly in the north-west region of Iran, known as Iranian Azerbaijan. As Shi'a, they are not subject to the same kinds of discrimination as minorities of other religions, and are well-integrated into the economy, but there is a growing demand for greater cultural and linguistic rights, including implementation of their constitutional right to education in the Azeri-Turkish language. A small minority advocates Iranian Azerbaijan seceding from the Islamic Republic of Iran and uniting with the Republic of Azerbaijan. Those who seek to promote Azeri Turkish cultural identity are viewed with suspicion by the Iranian authorities, who often accuse them of vague charges such as "promoting pan-Turkism".

In addition to their professional activities, Maharam Kamrani has been editor of Oyanish journal (meaning 'awakening' in Turkish) since he was a student and Ebrahim Rashidi was the publisher of another activist journal called Bakush, which was subsequently closed by the authorities.

(Sources of information for this case include: Amnesty International and southazerbaijan.com.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 14(1): All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him [or her], or of his [or her] rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
• Article 21: The right of peaceful assembly shall be recognized.
• Article 22: Everyone shall have the right to freedom of association with others.
• Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Article 9(2): Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his [or her] arrest and shall be promptly informed of any charges against him [or her].
• Article 9(3): Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
• Article 9(4): Anyone who is deprived of his [or her] liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his [or her] detention and order his [or her] release if the detention is not lawful.

Universal Declaration of Human Rights

• Article 05: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Article 09: No one shall be subjected to arbitrary arrest, detention or exile.
• Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his [or her] rights and obligations and of any criminal charge against him [or her].

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Expressing your concern for the safety of Maharam Kamrani and Ebrahim Rashidi, who are reportedly held in incommunicado detention at an Intelligence Agency facility in city of Tabriz, and requesting they be given access to their lawyers and family;
• Expressing concern that the men appear to have been detained solely in connection with their peaceful activities for the rights of the Azeri Turk minority community; and
• Calling on authorities to release the men immediately and unconditionally unless they are promptly charged with a recognizably criminal offence.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Gholam Hossein Mohseni Ejeie
Minister of Intelligence
Ministry of Information
Second Negarestan Street
Pasdaran Avenue
Tehran, Islamic Republic of Iran
iranprobe@iranprobe.com
Salutation: Your Excellency

His Excellency Ayatollah Mahmoud Hashemi Shahroudi
Head of the Judiciary
Ministry of Justice
Park-e Shahr
Tehran, Islamic Republic of Iran
Fax: 011 98 21 6 640 4018 / 6 640 4019
http://www.Iranjudiciary.org/feedback_en.html
Salutation: Your Excellency

COPIES SENT TO:

His Excellency Ayatollah Sayed 'Ali Khamenei
Supreme Leader of the Islamic Republic
The Office of the Supreme Leader
Shoahada Street
Qom, Islamic Republic of Iran
(mark faxes "FAO the
Office of His Excellency, Ayatollah al Udhma
Khamenei")
Fax: 011 98 251 7 774 2228
info@leader.ir or istiftaa@wilayah.org
Salutation: Your Excellency

Iranian Interests Section
2209 Wisconsin Ave NW
Washington DC 20007
USA

Fax: 1 202 965 1073
requests@daftar.org

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Sarah Olmstead, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6787; email solmstea@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.

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