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Further information on UA 382/92 (MDE 13/22/92, 3 December) - Iran: fear of torture / death penalty / unfair trial: Abdollah Bagheri

, Index number: MDE 13/003/1993

AI has received a response from the Iranian authorities about the case of Abdollah Bagheri, a former member of the Kurdish opposition group Komala who was arrested at the beginning of November 1992. The response alleges that he is a high-ranking official of Komala and is "responsible for many murders". He is to be tried on charges of undertaking terrorist attacks. AI is concerned that trial proceedings in Iran fall short of international standards of fairness and fears that Abdollah Bagheri may be in danger of ill-treatment or execution following an unfair trial.

EXTERNAL (for general distribution) AI Index: MDE 13/03/93
Distr: UA/SC
12 March 1993
Further information on UA 382/92 (MDE 13/22/92, 3 December 1992) - Fear of
torture/death penalty/unfair trial
IRAN: Abdollah Bagheri
Amnesty International fears that Abdollah Bagheri may be in danger of torture
or ill-treatment and possibly execution following an unfair trial. Abdollah
Bagheri, a former member of the Kurdish opposition group, Komala, was arrested
at the beginning of November 1992 outside Mariwan, close to the Iraq border.
A response sent by the Iranian authorities at the end of February states the
following:
"Mr Abdollah Bagheri is a high ranking official of the Komala movement. He
was arrested on the Iran/Iraq border for his illegal and armed border crossing
and will be charged with [undertaking] terrorist attacks. He is responsible
for many murders. The proceedings have not yet been completed.
Similar to all defendants, Mr Bagheri has the right to an individual proceeding
and legal assistance."
Political trials in the Islamic Republic of Iran fall far short of
internationally accepted standards for fair trial. Trial hearings are almost
always held in camera, inside prisons; proceedings are summary, hearings often
lasting only a few minutes. Despite official assurances regarding access to
lawyers, Amnesty International continues to receive reports indicating that
political detainees are denied access to legal counsel and that they have no
right of appeal.
No substantive steps have been taken to introduce safeguards for detainees
and fears continue that those arrested are at risk of torture and ill-treatment.
FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/express and airmail
letters either in English or your own language:
- reiterating your concern that Abdollah Bagheri may be at risk of execution
and urging the commutation of any death sentence that may have been passed
on him;
- referring to Article 14.2 of the International Covenant on Civil and Political
Rights (ICCPR) which states "Everyone charged with a criminal offence shall
have the right to be presumed innocent until proved guilty according to law",
and expressing concern at the apparent lack of the recognition of this principle
in the case of Abdollah Bagheri;
- seeking information regarding his precise place of detention and about the
legal proceedings against him, in particular about the sentence he has received
if he has already been convicted;
- seeking assurances that he will be given the opportunity to appeal against
his conviction and sentence to a higher tribunal in accordance with Article
14.5 of the ICCPR;
- seeking assurances that he is being humanely treated.
Page 2 of FU 382/92
APPEALS TO:
1) His Excellency Hojatoleslam
Ali Akbar Hashemi Rafsanjani
The Presidency
Palestine Avenue
Azerbaijan Intersection
Tehran
Islamic Republic of Iran
Telegrams: President Rafsanjani, Tehran, Iran
Telexes: 214231 MITI IR; 213113 PRIM IR (marked for the attention of
President Rafsanjani)
Salutation: Your Excellency
2) His Excellency Ayatollah Mohammad Yazdi
Head of the Judiciary
Ministry of Justice
Park-e Shahr
Tehran
Islamic Republic of Iran
Telegrams: Justice Minister, Tehran, Iran
Telexes: 214231 MITI IR; 213113 PRIM IR (marked for the attention of
the Interior Minister)
Salutation: Your Excellency
3) His Excellency
Hojatoleslam Abdollah Noori
Minister of Interior
Ministry of Interior
Dr Fatemi Avenue
Tehran
Islamic Republic of Iran
Telegrams: Interior Minister Noori, Tehran, Iran
Telexes: 214231 MITI IR, 213113 PRIM IR (marked for the attention of the
Interior Minister)
Salutation: Your Excellency
COPIES OF YOUR APPEALS TO:
His Excellency
Dr Ali Akbar Velayati
Minister of Foreign Affairs
Ministry of Foreign Affairs
Sheikh Abdolmajid Keshk-e Mesri Avenue
Tehran
Islamic Republic of Iran
and to diplomatic representatives of Iran accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 23 April 1993.

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