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PUBLIC AI Index: MDE 13/012/2002
EXTRA 65/02
Imminent
flogging/arrest without charge
/ 16 August 2002
medical concern
IRAN Nasser Zarafshan (m),
lawyer, aged 56
Amnesty International fears that Nasser Zarafshan may be at imminent risk of
flogging. He has reportedly been sentenced to 70 lashes, five years'
imprisonment and has been banned from practising law for five years. Nasser
Zarafshan, a possible prisoner of conscience, is reportedly currently
undergoing medical tests to determine whether he is healthy enough to face the
flogging sentence handed down on 19 March and upheld by an appeal court on 16
July.
Nasser Zarafshan was
arrested on 8 August, prior to his summons to appear before the Edare-ye Amaken
(Bureau of Premises), an organization responsible for the enforcement of
accepted moral codes in companies and other offices. Nasser Zarafshan is
reportedly seeking a further appeal to the Supreme Court in respect to the
sentence against him. Amnesty International fears that the charges against
Nasser Zarafshan are politically motivated.
A prominent lawyer, Nasser
Zarafshan was charged in connection with disseminating "confidential
information" relating to a controversial and widely publicised legal case
involving his representation of the children of political activists who were
murdered in 1998 as part of what is known in Iran as the "serial
murders" case. At least 18 Ministry of Intelligence officials have been
tried and some continue to face prosecution in connection with some of the murders.
He had criticized the investigation and the absence of vital information from
court files.
Nasser Zarafshan was also
charged with having weapons and alcohol at his law firm following a search of
his office carried out while he was in detention and without the presence of
his lawyer.
On 19 March 2002, a
military court sentenced Nasser Zarafshan to five years' imprisonment and 70
lashes following his conviction in a secret trial before a military court. He
was given two years for publicizing state information, three years for
possession of firearms and 70 lashes for illicitly possessing alcohol. He was
also banned from practising law, an act which only a disciplinary court for
lawyers is legally permitted to undertake.
RECOMMENDED ACTION: Please
send appeals to arrive as quickly as possible, in English, French or your own
language:
- urging the flogging sentence on Nasser Zarafshan to be suspended in view of
his medical condition;
- urging the judicial authorities to implement a moratorium on the use of
flogging, which is a cruel, inhuman and degrading punishment prohibited under
Article 7 of the International Covenant on Civil and Political Rights (ICCPR)
to which Iran is a state party, with a view to its eventual abolition;
- calling for Nasser Zarafshan's conviction by a military court to be
overturned and that, if he is charged with recognizably criminal offences, he
be tried according to internationally accepted standards for fair trial;
- seeking clarification of the reasons why a military court tried Nasser
Zarafshan, a civilian, and under what legal provision was the military court
able to ban him from practising law;
- urging the Foreign Ministry to issue immediate invitations to the United
Nations Special Rapporteurs on Independence of Judges and Judiciary and on
Torture for both to carry out a review of court procedures and sentencing.