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homa 250
 

 

July,5,2020

 

His Excellency Anthony Guterres,

 

UN Secretary-General,

 

Hereby, Homa's Organizations, propose the following, requesting the scrutinizing and fair investigation of the mentioning cases of that esteemed official:

In recent days, thanks to the coverage of media and social media, the murder of George Floyd, an American person of color  by the Minnesota police, has provoked many reactions, and it is worth mentioning that the civil and political embodies, and people of all societies have reacted.

The demonstrations in every corner of the world were held, despite the existence of the Covid-19 pandemic and the restrictions on social distancing.

This shows that there still are people on this planet who are caring for the life of a human being free from discrimination measures. According to the Iranian poet “Saadi Shirazi”: Human beings are members of a whole/in creation of one essence and soul."

What has surprised us is the world’s attention to the crimes taking place every day by the usurping regime of Iran, the Islamic Republic, and not only are they not reflected in the mass media, but also the least reaction from International organizations, especially those affiliated with the United Nations, receive it. As you know, in November last year, more large number of Iranians went to the streets and called for their rights to be upheld in a completely peaceful manner.

From the point of view of domestic and international law, this practice is a fundamental right under Article 27 of the Constitution of the Islamic Republic[i], Article 20 of UDHR and Article 21 of the ICCPR, and it is clear that the international instruments, in accordance with Article 9 of the Iranian Civil Code[ii], are considered to be applicable domestic laws, and under no circumstances can these rights be revoked or restricted.

The Islamic Republic and its representatives have always argued that they had not received a permit for their demonstration, but in fact Article 27 of the Constitution is an absolute provision, and what requires a permit is when a party is holding the demonstration in accordance with Note 2 to Article 6 of “The Law on Parties, Populations, Political and trade unions and Islamic associations or recognized religious minorities[iii]" by parties, not people.

However, for instance, we would like to draw your attention to the protests taking place for three days in November from the 16th to the 18th, 2020, during which more than 1,500 Iranians were killed by the military and paramilitary forces.

The shared films by people on social media indicate that the protesters were shot directly or in the head by a sniper, while according to note 3, Paragraph 10 of Article 3 of “the law on the use of weapons by the officers of the Armed Forces in necessary situations[iv]”, they were not allowed such an act, but unfortunately by the order of the regime representatives they did so. Among those killed were a significant number of children[v], including 17-year-old “Mohsen Mohammadpour” and 14-year-old “Nikta Esfandani”.

During these three days, between 5,000 and 7,000 Iranians were detained illegally and transferred to unknown locations (hidden IRGC intelligence detention centers and the IRGC's safe houses), according to Article 9 of the UDHR and Article 9 of ICCPR are prohibited from international perspective and Article 32 of the Constitution[vi] and Articles 237[vii] and 238[viii] of the Criminal Procedure Code.

More than seven months have passed since then, and some are still in detention, which is illegal under Article 32 of the Constitution[ix] and Article 189 of the Criminal Procedure Code[x]. The abduction of wounded people from hospitals is another example of the IRGC's and the Ministry of Intelligence's illegal detention during Iran's three-day protests.

Other violations include the lack of access to a fair trial for detainees under Article 10 of UDHR and Article 14 of ICCPR. From the point of view of domestic law, Article 34 of the Constitution[xi] guarantees a fair trial. One of the obvious manifestations of this right is the right to have a lawyer. According to Article 35 of the Constitution[xii], Articles 5[xiii], 48[xiv] and 190[xv] of the Criminal Procedure Code are recognized and approved by the Iranian legislature, but in the following note under article 48 of the Criminal Procedure Code[xvi], this is limited to lawyers approved by the head of the judiciary, but unfortunately they did not even have access to such lawyers.

On the other hand, Article 191 of the above-mentioned law[xvii] gives judicial authorities the right to bar a lawyer from accessing a case. Also, the issuance of a sentence without the presence of these defendants and their lawyers in court has become a common procedure in this regard.

Many documents are available on the torture of detainees, in contradiction with Article 14 of UDHR, Article 7 of ICCPR, Article 38 of the Constitution[xviii], Article 4 of the Criminal Procedure Code[xix] and Article 9 of “the Law on Respect for Legal Freedoms and Protecting citizenship rights”[xx].

The torture was so severe and unbearable that some detainees did not survive and passed away, unfortunately, instead of handing over the bodies to their families, they were found in rivers, plains or on the street. For instance, “Halimeh Samiri”[xxi] was found to have had signs of rape, torture, and beatings with wires, while forensic medicine has refused to dissect her.

This is not the end of the story, and even reports indicate that families were forced to pay an exorbitant sum of money in exchange for the bodies of those killed.

The crackdown of these demonstrations, which was a result of 300 percent increase in fuel prices in Iran, people protested the hardships of their livelihoods, a right under Articles 22 and 25 of UDHR and Article 11 of ICESCR. Principles 28[xxii], 29[xxiii], 30[xxiv], and 31[xxv] of the Constitution recognize the flagrant violation of human rights and freedom of expression and opinion contained in articles 18 and 19 of the UDHR, and Articles 18 and 19 of ICCPR.

During the protests, the regime of the Islamic Republic in Iran completely blocked the access of citizens to the Internet, which is against the right to free access to information flow, according to Article 19 of UDHR and Article 19 of ICCPR, the UN Resolution number 59 of October 19th, 1948 is a clear fundamental human rights acknowledged as the third-generation of Human Rights.

In addition, in the Iranian legal system, there is a law on publishing and free access to information approved in February 2008, which indicates this behavior is in complete contradiction with it.

To sum up, UN member states, through their embassies, were aware of the catastrophic events of November in Iran, but the ultimate response to these events was an "invitation to self-restraint" while condemning it, is a recognized international measures and summoning ambassadors of the Islamic Republic to obtain explanations and even, if necessary, expelling the ambassador and summoning the respective ambassadors were there to force the Islamic Republic in Iran to respect the fundamental human rights of the citizens by applying international pressure and isolation.

That 10,000 Iranians been killed, arrested and tortured, in comparison with what is happening for George Floyd, sounds as if they are not equal to a person of color, and all of a sudden, all the national and international authorities of the world were silent. To our surprise, the prime minister of a country where a number of his citizens were victims of the Islamic Republic and IRGC air force by shooting down the Ukrainian plane, later presented with the foreign minister of that regime and warmly shakes his hand, but kneels for the killing of George Floyd. It's as if 9-year-old ReeRa's life was worth less than George Floyd's.

It should be born in mind, the unwavering support of China and Russia, and the exercising of their acquired rights, namely the Veto in UN Security Council, International Legal System to secure their benefits in Iran. It would be contemplated some international resolutions against the fake security which has been leading to the world community threat.

The question is, how can the performance of the international institutions that came to existence after the two bloody World Wars to prevent these types of catastrophes be considered positive or beneficial when they turn a blind eye to the violation of generally accepted standards?

 Dear Mr. “Gueterres”, the highly respected Secretary-General of the United Nations, you are very well aware that the Special Rapporteur on Human Rights is appointed for certain countries, and despite the fact that such a rapporteur is assigned for the Islamic Republic in Iran, the regime has not even allowed him to enter, and there is no report from Mr. “Javaid Rehman” in this regard published or available.

Hereby, Homa's Organizations while announcing our readiness to participate in any international authority or tribunal to realize the rights of our compatriots and prevent the trampling of the blood of our compatriots and bring their voice to the world, call on that esteemed officials to take serious measures. It would be appreciated to demand his excellency, to take serious measures, such as subpoena the Iranian official ambassador Mr. “Majid Takht Ravanchi” in the United Nations to ask him in this regard, and put on the agenda needed to apply and guarantee the implementation of the provisions of international law to put pressure on the Islamic Republic to prevent the recurrence of such inhumane and uncivilized tragedies.

Sincerely Yours.

Homa's Organizations

PS:

This letter has been prepared in two languages, Persian and English, and both have sole legal validity.

Copy to:

  • Kelly Knightcraft, United States Ambassador to the United Nations.
  • Jean-Claude Juncker, EU Commissioner.
  • David Sassouli, President of the European Parliament.
  • Michelle Bachelet, UN High Commissioner for Human Rights.
  • Dona Mijatovi., Commissioner for Human Rights of the Council of Europe.

 

The formation of rallies and marches, without carrying weapons, is free, provided that it does not violate the principles of Islam.

[ii]The provisions of the treaty concluded in accordance with the Constitution between the Government of Iran and other States shall be governed by the law.

[iii]It is free to hold rallies with the knowledge of the Ministry of Interior without carrying weapons, if at the discretion of the Article 10 Commission, it is not contrary to the principles of Islam, and the formation of gatherings in public squares and parks with the permission of the Ministry of Interior.

[iv]In all cases mentioned in this law, armed officers are allowed to use weapons if, firstly, they have no choice but to use weapons, and secondly, if possible:

‌A- air arrow; B - lower back shooting; C - shooting from the back up.

[v]For further information please visit: https://www.radiofarda.com/a/iran_protests_juvenile_kill_security_forces/30303698.html

[vi]No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. In case of arrest, the subject of the accusation should be immediately notified to the accused in writing, stating the reasons immediately, and within a maximum of twenty-four hours, a preliminary case should be sent to the competent judicial authorities and the trial should be prepared as soon as possible. Violators of this principle are punished according to the law

[vii]It is not permissible to issue a temporary detention order, except for the following crimes, which provide sufficient evidence, evidence and evidence to the attention of the accused:

  • Crimes whose legal punishment is deprivation of life, life imprisonment or amputation and intentional crimes against the physical integrity of which the amount of the atonement is one third of the full blood money or more.
  • Punishment crimes that are of the fourth and higher degree.
  • Crimes against the internal and external security of the country, the legal punishment of which is fifth and higher.
  • Disturbing and harassing women and children and pretending, showing off their power and disturbing people to be done with a knife or any kind of weapon.
  • Theft, fraud, bribery, embezzlement, treason, forgery or use of a forged document if it is not covered by paragraph (b) of this article and the accused has a record of a final conviction as a result of committing any of the above crimes.

Note: Compulsory temporary detention is the subject of special laws, except for the laws governing the crimes of the armed forces, which are repealed from the date of entry into force of this law.

[viii]The issuance of a temporary detention order in the cases mentioned in the previous article is subject to the existence of one of the following conditions:

  • The birth of the accused causes the destruction of the evidence and evidence of the crime or causes collusion with other defendants or witnesses and informants of the incident or causes the witnesses to refuse to testify.
  • The accused is afraid of escaping or hiding and cannot be prevented in any other way.
  • The release of the accused disturbing the public order endangers the life of the plaintiff, the witness or their family and the accused himself.

[ix]No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. In case of arrest, the subject of the accusation should be immediately notified to the accused in writing, stating the reasons immediately, and within a maximum of twenty-four hours, a preliminary case should be sent to the competent judicial authorities and the trial should be prepared as soon as possible. Different from this principle is punished according to the law.

[x]The investigator is obliged to start the investigation immediately after the presence or arrest of the accused, and if it is not possible, within twenty-four hours from the time he is considered by the judicial officers, in accordance with Article (98) of this law. In case of absence or justified excuse of the investigator or his refusal to start the investigation for legal reasons, the prosecutor shall assign the investigation to another investigator or, if necessary, to the judge of the court.

Note - Observing the accused for more than twenty-four hours, without initiating an investigation or assigning a task to him, is considered illegal detention and the perpetrator is sentenced to legal punishment.

[xi]A lawsuit is an inalienable right of every person, and anyone can go to a competent court to seek redress. All members of the nation have the right to have such courts available, and no one can be barred from appearing in court under the law.

[xii]In all courts, litigants have the right to choose a lawyer, and if they are unable to choose a lawyer, they must be given the opportunity to appoint a lawyer.

[xiii]The accused must be informed of the subject matter and evidence of the assigned accusation as soon as possible and enjoy the right of access to the lawyer and other defense rights mentioned in this law.

[xiv]Once the case is being monitored, the defendant can apply for a lawyer. The lawyer must meet with the person under surveillance, taking into account the confidentiality of the investigation and negotiation, and the lawyer can provide written considerations at the end of the meeting with the defendant, which should not exceed one hour.

[xv]The defendant may have a lawyer with him during the preliminary investigation. This right must be communicated to the accused by the investigator before the investigation can begin. If the accused is summoned, this right is stated in the summons and he is notified. Defendant's attorney can provide information on the charges and the reasons for it, stating what is necessary to discover the truth and defend the accused or enforce the law. The lawyer's statements are written in the minutes of the meeting.

Note 1- Deprivation of the right to have a lawyer and non-understanding of this right to the accused shall result in disciplinary punishment of the eighth and third degree, respectively.

Note 2: In crimes where the punishment is life imprisonment or life imprisonment, if the accused does not introduce a lawyer in the preliminary investigation stage, the investigator will select a substitute lawyer for him.

[xvi]In crimes against internal or external security, as well as organized crime punishable under Article 302 of this law, in the preliminary investigation of the parties to the lawsuit, the lawyer or his lawyers are selected from among the official lawyers of the judiciary approved by the head of the judiciary. They do. The names of the lawyers will be announced by the head of the judiciary.

[xvii]If the investigator considers the study or access to all or some of the papers, documents or case files to be inconsistent with the necessity of discovering the truth, or the subject is a crime against the internal or external security of the country, it shall issue a reason for not accessing them. The appointment will be communicated to the defendant or his lawyer in person and can be appealed in a competent court within three days. The court is obliged to hear and decide on the appeal at the extraordinary time.

[xviii]Any torture to obtain a confession or information is prohibited. Coercion of a person by testimony, confession or oath is not permitted, and such testimony and confession and oath have no value or validity. Violators of this principle are punished according to the law.

[xix]The principle is innocence. No restrictive action, freedom of speech and entry into the privacy of individuals is permitted except by law and in accordance with the rules and regulations of the judiciary, and in any case these measures should not be applied in a way that harms the dignity of individuals.

[xx]Any torture of the accused for the purpose of obtaining a confession or forcing him to do other things is prohibited, and the confessions obtained hereby shall not have legal and sharia validity.

[xxi]For more information please visit: https://fa.iranfreedom.org/%D8%AD%D9%84%DB%8C%D9%85%D9%87-%D8%B3%D9%85%DB%8C%D8%B1%DB%8C-%D8%8C-%D8%B3%D9%BE%DB%8C%D8%AF%D9%87-%D8%AD%D8%B3%D9%86%DB%8C-%D9%88-%D8%A2%D9%85%D9%86%D9%87-%D8%B4%D9%87%D8%A8%D8%A7%D8%B2%DB%8C-%D9%81/

[xxii]Principle Twenty-Eight: Everyone has the right to choose a job that he or she prefers and is not against Islam or the public interest or the rights of others. The government is obliged to provide employment opportunities and equal conditions for all people to find jobs by observing the needs of the society for various jobs.

[xxiii] Principle Twenty-Nine: Social security in terms of retirement, unemployment, aging, disability, homelessness, travel, accidents and accidents, the need for health care and medical care in the form of insurance, etc., is a universal right. According to the law, the government is obliged to provide the above services and financial support to one person in the country from public revenues and revenues from public participation.

[xxiv] Principle 30: The government is obliged to provide free education to the whole nation until the end of high school and to expand higher education to the level of self-sufficiency of the country for free.

[xxv]Principle 31: It is the right of every Iranian individual and family to have housing that meets their needs. The government has a duty to ensure that those who are most in need, especially the villagers and workers, are given the opportunity to implement this principle.

زمان فرهنگی-سیاسی ایران پاد – سازمان برون مرزی حزب پان ایرانیست – سامانه پادشاهی خواهان ایران – سازمان زنان ایران
حزب سکولار دمکرات ایران – کنگره رهایی ایران – نافرمانی های مدنی -  همبستگی ملی ایرانیان اتریش

هما پایین بیانیه ۸ سازمان