All the men were
charged with armed activity against the state and were tried before
Revolutionary Courts. Human Rights Watch spoke with one of the two defense
lawyers for the men sentenced most recently, who confirmed that all trials were
held behind closed doors and without any independent and impartial observers
present.
“These men are
accused of serious crimes, but they clearly haven’t had a fair trial,” said
Sarah Leah Whitson, executive director of the Middle East and North Africa
division at Human Rights Watch. “We always oppose the death penalty, because it
is cruel and flawed. But sentencing people to death after such an inadequate
trial is especially outrageous.”
The lawyers did
not have an opportunity to meet with their clients to discuss their case with
them, but had to prepare a defense based on the prosecution file presented to
them. The trials have all been closed to the public, and defense lawyers remain
the sole source of non-official information as to what
occurred.
On March 2, the
authorities hanged Ali Afrawi and Mehdi Nawaseri in Ahwaz, the capital of
Khuzistan province. The authorities accused them of carrying out two bombings in
Ahwaz that killed six people on October 15, 2005.
On June 6,
Judiciary spokesman Jamal Karimirad said that a Revolutionary Court had
sentenced six men to death, after it found them guilty of bombing oil pipelines
in July 2005. He did not provide any information about the condemned men, or
about when or where their trial was held.
Defense lawyers
told Human Rights Watch that on June 8, the Third Branch of the Revolutionary
Court in Ahwaz sentenced another four men to death following a one-day trial on
June 7. The court found the men, Zamel Bawi, Jaafar Sawari, Raisan Sawari, and
Abdulreza Nawaseri, guilty of armed activity against the
state.
Human Rights Watch
said that the Iranian government is obliged as a party to the International
Covenant on Civil and Political Rights to provide persons accused of crimes with
“fair and public hearing by a competent, independent, and impartial
tribunal.”
“A summary trial
behind closed doors does not meet the international standards binding Iran,”
said Whitson. “For Iran to put these defendants to death would be the ultimate
violation of their rights.”
Zamel Bawi’s
lawyer, Saleh Nikbakht, told Human Rights Watch that during his client’s trial
on June 7, the Revolutionary Court prosecutor charged the four men under Iran’s
penal code as mohareb, meaning
“enemies of God.” The accusation of being mohareb is leveled against anyone charged
with taking up arms against the state and committing violent acts, and is
punishable by death.
According to
Nikbakht, the state presented evidence that the defendants had purchased
homemade bombs which they deactivated and hid, a charge that carries a 10-year
prison sentence. But the lawyer said that since the prosecutor presented no
evidence that the men had actually carried out any violent acts, they had not
committed a capital offense under Iranian law.
Human Rights Watch
called on the Iranian government to stop using the death penalty, due to its
inherent cruelty and irrevocability.
Background
During the past
year, Iran’s southwestern province of Khuzistan has witnessed ethnic unrest
among its Iranian-Arab population. The province is home to nearly two million
Iranians of Arab descent. Protests erupted in Khuzistan’s capital, Ahwaz, on
April 15, 2005, following publication of a letter allegedly written by Mohammad
Ali Abtahi, an advisor to President Mohammad Khatami, which referred to
government plans to implement policies that would reduce the proportion of
ethnic Arabs in Khuzistan’s population. After security forces tried to disperse
the demonstrators and opened fire on them, clashes between protestors and
security forces turned violent. The violence spread to other cities and towns in
Khuzistan. The next day, Abtahi and other government officials denied the
existence of the letter and called it fake.
Ahwaz and other
cities experienced several bombings after the April 2005 protests. In June 2005,
four bombs in Ahwaz and two others in Tehran killed 10 people and injured at
least 90. Two other bombings in Ahwaz, one in October 2005 and another in
January 2005, killed 12 people. The government has reportedly arrested hundreds
of Iranian Arabs since April 15, 2005.