Two Iranian Lawyers Call For Annulment Of Death Sentences For Protesters
Two prominent Iranian lawyers have called for the unconditional release of all detained protesters and the cancellation of all convictions and sentences.
Two prominent Iranian lawyers have called for the unconditional release of all detained protesters and the cancellation of all convictions and sentences.
Nasrin Sotoudeh who is in prison and Mohammad Seifzadeh in a joint letter said revolutionary courts “do not have legal authority,” emphasizing that proceedings in such courts are not “fair and judges are not impartial.”
Hours before the publication of this letter Iran's Chief Justice Gholam-Hossein Mohseni Ejei said the death sentences for several protesters have been confirmed and will be executed soon.
The letter is one of the first reactions to the threatening statements made by the Chief Justice on Monday.
The two human rights lawyers also added that most of those arrested were “convicted in revolutionary courts…where they were deprived of the right to have an independent lawyer, and also due to lack of fair proceedings in the judiciary and the impartiality of the judges, the verdicts are completely invalid.”
Based on leaked briefing documents for senior officials from Fras News Agency, over 29,000 people have been arrested during nationwide protests against the regime following the death of Mahsa Amini.
None of the detained had the right to choose a lawyer, and a number of them have been tried and sentenced to death without access to a fair trial.
The accelerating exodus is not limited to medical and engineering professionals anymore as many business owners have also started to transfer their businesses to nearby countries where trade transactions are easier, especially to the Persian Gulf littoral states.
According to a recent article in the Tehran newspaper Arman Melli, during the past year about 30,000 personnel of different medical professions, including doctors, nurses, and paramedical technicians, have applied for Certificates of Good Standing with intent to immigrate to Oman. The paper claimed that within the last four years, 16,000 general practitioners have left the country. The high number of emigrations has become so alarming that the officials of medical organizations have warned of serious shortages of doctors in the near future.
In April, Iran's Medical Council said about 4,000 doctors have applied for Certificates of Good Standing in the previous 12 months with the intent to leave the country. Council spokesman Reza Laripour said that the annual number of such applications was less than 600 between 2013 and 2015.
Head of the Medical Council of the Islamic Republic, Mohammad Raeeszadeh, said, "The medical community faces fundamental challenges in some specialties, so that we may not have graduates in some fields in the future.” He warned of the risk of regression to 40 years ago when it had to hire foreign doctors to meet domestic needs.
Lack of a promising future is the main reason why professionals decide to leave. Incomes have sharply declined in the past years as Iran’s currency has lost its value by more than tenfold, and the state seems to become more inept and arbitrary in governing the country.
On the backdrop of Iranian doctors emigrating in droves, the health ministry in September increased the exit permit bond for medical, dental and pharmacy students to $5,000 per year. Deputy minister for education at the health ministry, Abolfazl Bagherifard, said that students in graduate levels should provide 1.5 billion rials ($5,000) to leave the country for a year and undergraduate levels should provide bonds worth $2,000. Students must provide an official letter of commitment to return as well as another person's guarantee by depositing a real estate bond or a bank guarantee.
Experts and social scientists in Iran and abroad have told the media that the brain drain in the past few decades, beginning with the 1980-88 war with Iraq, has been accelerated by lack of social freedoms in the clerical-dominated system, political upheavals, deterioration of the economy, and government repression.
The government has stepped up pressures and restrictions on students and graduates. Late in November, the parliament presented a proposal to ban students who participate in protests from traveling abroad for ten years. Recently, the Ministry of Science Research and Technology has also approved regulations that would increase the costs of receiving university degrees six to 10 times.
All Iranians who study in government universities must work about twice the duration of their studies for a state institution before they can get their certificates. If they opt out of working for the government, they should pay the cost of their education to get their document. As per recent regulations, the fees to get their degrees have increased up to 10-fold.
However, even those measures are not enough to stop Iranians from leaving the country, with many families deciding to either send their children abroad before starting university or forgetting about getting a degree altogether. Ali Sharifi-Zarchi, a professor at Tehran’s Sharif University of Technology, believes that the new measures would even accelerate emigration, saying that the new fees mean that the government is urging students to forget about Iranian universities and study abroad where they can find a job and help pay for their expenses.
Almost half of Iranian youth want to leave the country amid pessimism about their future, a recent opinion survey conducted from abroad shows.
Rehman, the United Nations Special Rapporteur on Human Rights in Iran, said the “independent and international” fact-finding mission established by a UN Human Rights Council vote November 24 would focus on Iran’s high number of executions, including drug offenders, “the killing of children and ethnic minorities,” and establishing accountability of individuals.
Rahman said 21 people involved in protests had been indicted on crimes carrying the death sentence, and at least “15,000 protestors arrested.” He applauded the Human Rights Council for “listening to the Iranian people,” and explained that he would be working very closely with the investigation given his “expertise and knowledge.” Rehman, a Pakistani-British legal scholar based in London, has been special rapporteur since 2018 but, unlike a UN special rapporteur on the human-rights consequences of sanctions, has not been allowed to visit Iran.
The UN mission, which reportedly will have a $3.67 million budget and 15 staff, would collect and preserve evidence for future prosecutions, dismissing “mis-information” and using the experience of members, Rahman said. He envisaged a detailed report by February-March 2024 for the council’s 55th session.
Accountability for human rights violations would come, he told Iran International, through “future legal proceedings” in international courts and through cases in national courts on the principle of universal jurisdiction. “These individuals better be careful because we are going to hold them accountable in courts of law,” he said.
National courts have been generally reluctant to apply universal jurisdiction, with the United States among those world powers most resistant to the principle. In recent instances a Swedish court in July sentenced to life imprisonment Hamid Nouri, a former Iranian official, over 1988 prison executions, and in January a German court jailed for life Anwar Raslan, a former Syrian intelligence office, for murder and rape of prisoners in Damascus. Rahman did not explain any potential role of the International Criminal Court, which has generally indicted Africans and which the US has refused to join, insisting for example it has no jurisdiction over US troops in Afghanistan.
‘Key principles’
In his interview with Iran International’s TV correspondent and host Sima Sabet, Rehman criticized the Iranian constitution, which he said “violates democratic norms, violates key principles of constitutionalism,” including a lack of separation of powers. He called the judiciary’s role “problematic” and said one of his “big concerns” was women being excluded from “serious political positions.”
Looking ahead to the work of the UN mission, the special rapporteur welcomed submissions from victims of violence, and also from journalists and their families receiving threats “in the UK, European and north American countries.”
“That is what the Islamic Republic is all about,” Rehman said. “It wants fear to be spread…The Islamic Republic of Iran wants a complete blackout of the news.” Rehman encouraged Iran International to “continue your excellent work.” He noted that in contacts with Iranian officials, they had accused him of “talking to terrorists” and “not being objective.”
