Source:
International Campaign for Human Rights
in Iran
(20
April 2010) - Death sentences issued to three family members and two of their
close associates after a politicized, unfair trial, at which only weak evidence
was presented, reveal a continuing program of punishing post-election protestors
and intimidating the population, the International Campaign for Human Rights
in Iran said today.
These five cases, together with that of Abdolreza
Ghanbari, also sentenced to death, are based on allegations that the defendants
sent videos and pictures to the opposition group Mojahedin-e Khalq (MKO).
"These sentences would be grossly
disproportionate even if evidence linked the defendants to the charges, and they
demonstrate complete disregard for justice and due process in perversely sending
innocent citizens to the gallows," said the Campaign's spokesperson,
Aaron Rhodes.
"These death sentences are aimed at intimidating
the protest movement and are a mockery of justice," he added.
Several lawyers familiar with the cases of
protestors sentenced to death told the Campaign that the prosecutions
followed a pattern in which the accused are average citizens, without recourse
to proper legal counsel, and without prior political activism. In most such
cases, the families of the accused have been threatened not to seek independent
legal assistance or speak to the media.
In this latest case, Motahareh Bahrami and Mohsen
Daneshpour Moghaddam (husband and wife) and their son, Ahmad Daneshpour,
together with two of their close friends, Rayhaneh Haj Ebrahim and Hadi Ghaemi
(not related to the Campaign's executive director of the same name)
have been sentenced to death.
The family's other son, Meysam Daneshpour, told
the news-website Roozonline that his family members were arrested at their home
following Ashura protests. In an interview with the Campaign, Meysam
Daneshpour confirmed the execution sentences and said that his family did not
have any recourse to an independent lawyer during the lower court's prosecution.
He also said family members had no access to detainees during the prosecution.
"We did not have access to them [detainees] for two months, but now we can meet
them on a regular weekly basis," Meysam Daneshpour told the Campaign.
All five had court-appointed lawyers during the
prosecution, who failed to inform the family of the execution sentence. Maysam
Daneshpour told the Campaign that he had not received an official
notification of the court hearing or death sentence.
During the appeals process, Mohammad Sharif, a
prominent human rights lawyer, was able to represent the defendants and launch
an appeal for Motahareh Bahrami, Rayhaneh Haj Ebrahim, and Hadi Ghaemi, and is
under review at Branch 36. However, the appeals case for Mohsen and Ahmad
Daneshpour had been sent to Branch 36 and already confirmed before Sharif could
lodge a defense.
According to Meysam Daneshpour, intelligence
agents arrested his parents, brother and their friend, Hajebrahimi, at the
family's home following Ashura protests on 27 December 2009, and not during a
protest. Their lawyer Mohammad Sharif told the Campaign the defendants
are charged with "deliberate cooperation with MKO," "gathering and colluding
against national security," and "propaganda against the regime and in the
interest of enemies." The evidence supporting these charges included a trip by
the parents to Iraq to visit another son, who is a member of MKO, sending videos
and pictures to MKO, and participating in demonstrations.
Sharif said these activities, even if proven,
would not justify a death sentence, and he had represented clients in similar
situations who were sentenced to prison terms and not execution.
In a similar post-Ashura case, 47-year-old
teacher Abdolreza Ghanbari was charged with Moharebeh (enmity against
God) and sentenced to death because of alleged emails and phone calls he had
with MKO's television broadcast abroad.
Several sources in Tehran told the Campaign
that they suspect phone calls and emails sent to these defendants were made by
intelligence agents themselves and the defendants are victims of entrapment.
Regardless of the origins of emails and phone calls presented as evidence
against the defendants, the Campaign strongly condemns the use of such
pedestrian communications as the basis of issuing death sentences.
A lawyer who presents political prisoners told
the Campaign that when authorities accuse political prisoners of being
members of opposition groups such as MKO, it becomes impossible for Iranian
media, human rights lawyers and defendants' families to publicize these cases.
"The Iranian media cannot touch on these cases, and lawyers like me will face
severe difficulties to pursue our work if we advocate on behalf of such
defendants regarding the nature of such affiliation," the lawyer said. "This
gives the authorities a free hand to use such punishments to terrify government
critics and dissidents."
Rhodes said that the International Campaign
for Human Rights in Iran "strongly condemns the issuance of
disproportionate sentences based on unfounded charges, resulting in executions
aimed at quelling dissent. The Campaign expresses its deep concern
about the operations of the Iranian Judiciary, which has repeatedly demonstrated
its lack of accountability and transparency, and the overwhelming influence of
the Intelligence Ministry and the Revolutionary Guards' intelligence units,
which is unprecedented during the past two decades."
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