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 About
Age — Nationality Iran Religion Atheist Civil status — Education college education Occupation university student Rank/Position — Affiliation revolutionary leftist Affiliation educational establishment
Case Date of execution June 27, 1980 Location Ahvaz, Iran Mode of execution shooting Charges Counter revolutionary opinion and/or speech; Sedition and/ or threat to public security About this Case
The execution of Mr. Mehdi Alavi Shushtari was announced in the Jomhuri Eslami newspaper on June 29, 1980. He is one of 430 individuals whose name appears on the list of “Martyrs of the Peykar Organization for the Liberation of the Working Class” published on the website of Peykar Andeesheh. Moreover, his execution, along with two other individuals, is reported in the addendum to the Peykar magazine, the publication of the Peykar Organization. Additionally, an electronic form has been sent to Omid regarding this case by an individual close to him.
Mr. Alavi Shushtari was born in Ahvaz in 1953. He was arrested in 1974 due to his affiliation with a student group and was sentenced to three years imprisonment. He spent the first two years in Ahvaz prison and the last year he was detained in Tehran prisons. After his release, he traveled to the USA in order to continue his education. After the Islamic Revolution he returned to Ahvaz and enrolled in Ahvaz University, majoring in Mathematics. In 1979, he became a member of an organization of students who were sympathizers of the Peykar Organization.
The Peykar Organization for the Liberation of the Working Class was founded by a number of dissident members of the Mojahedin Khalq Organization who had converted to Marxism-Leninism. Peykar was also joined by a number of political organizations, known as Khat-e Se (Third line). The founding tenets of Peykar included the rejection of guerrilla struggle and a strong stand against the pro-Soviet policies of the Iranian Tudeh Party. Peykar viewed the Soviet Union as a “Social imperialist” state, believed that China had deviated from the Marxist-Leninist principles, and radically opposed all factions of the Islamic regime of Iran. The brutal repression of dissidents by the Iranian government and splits within Peykar in 1981 and 1982 effectively dismantled the Organization and scattered its supporters. By the mid-1980s, Peykar was no longer in existence.
Arrest and detention
The exact circumstances of this defendant’s arrest and detention are not known. According to his friends, he was arrested during unrest in universities on April 21, 1979 (Peykar magazine; for more information on the unrest see the section on charges below).
Trial
According to Peykar, Mr. Alavi Shushtari, along with 5 other individuals, was tried at the Islamic Revolutionary Tribunal of Ahvaz, in a session lasting over one hour. The secretary recorded the proceedings, and the accused signed their own statements of defense.
Charges
According to the Peykar Andeesheh website, Mr. Alavi Shushtari was charged with propaganda against the Cultural Revolution. According to Peykar, before the trial state agents had claimed that Mr. Alavi Shushtari was one of the individuals causing the unrest at university, pictures of him and other individuals had been distributed throughout the city.
Based on the Jomhuri Eslami report, Mr. Shushtari was charged with the following: “participation in the Jondi Shapur University clashes in Ahvaz, resulting in several cases of murder, assault, and battery against innocent civilians” and “attempting to attack people and throwing rocks at them so much so that, according to his own confession, the skin on his palm broke and he passed out from fatigue” as well as “his position regarding the Islamic Republic.”
The validity of the criminal charges brought against this defendant cannot be ascertained in the absence of the basic guarantees of a fair trial.
The Cultural Revolution began after Ayatollah Khomeini gave a speech in March 1980 and ordered that universities be purged of all those who opposed his regime and be transformed into “learning environments” [as opposed to political forums] where “an all-Islamic curriculum” is taught. The first wave of violence began on April 15, 1980 during a speech by Akbar Hashemi Rafsanjani [a member of the Council of the Islamic Revolution and Minister of Interior] at the University of Tabriz. Following the speech, students supporting the regime took control of the University’s central building and demanded that the “university be purged” from “pro-Shah elements and other sellouts.”
On April 18, the Council of the Islamic Revolution issued a communiqué accusing political groups of converting higher education institutions into “headquarters of discordant political activities” and naming them as obstacles to the radical transformation of the universities. The communiqué gave these groups three days (Saturday April 19 to Monday April 21) to shut down their activities in the universities. The Council stressed that the decision included libraries along with activities related to arts and sports. Political groups, which recruited members and had strong support in the universities, refused to evacuate.
Before the end of the Council’s deadline, serious clashes took place between leftist groups and Islamist Associations, in opposition to the Associations, sometimes supported by security forces and paramilitary groups. These clashes, which peaked at the end of the three-day deadline, resulted in the death of several people and the wounding of hundreds of others on university campuses around the country.
On April 21, the Islamic Republic authorities announced the victory of the Cultural Revolution and the closure of all universities in order to Islamicize the curricula. The universities remained closed for two years. One of the outcomes of the Cultural Revolution was the purging of many university professors and students based on their political beliefs.
Evidence of guilt
Mr. Alavi Shushtari had identified himself as Marxist-Leninist at the trial and had insisted on his opposition to the regime.
Defense
No information is available on the defense.
Judgment
The Islamic Revolutionary Tribunal of Ahvaz condemned Mr. Mehdi Alavi Shushtari to death. According to Peykar, he was executed by a firing squad on June 27, 1980.
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Human rights violations in this caseThe legal context
Read about the courts, the judges, and the procedure. The courts
Special courts, known as the Islamic Revolutionary Tribunals, were set up after the February 1979 revolution. Their jurisdiction encompasses a wide array of offences ranging from association with or support of the former regime, promotion of foreign influence, and enmity with the revolution to possession, use or sales of narcotic drugs, murder, and profiteering. In the 1980s, a penal court, presided over by one judge, was created to handle some of the offenses punishable by death, such as theft or adultery. These tribunals’ decisions must be confirmed by a chamber of the Supreme Judicial Council.
The judges
Prosecutors and judges are not necessarily jurists. By 1981, the judiciary was purged of judges trained in law schools. They were replaced by seminary graduates and students, as well as by political appointees (an estimated 2000 by 1989). Since by law judges are only required to have a high school diploma and must be faithful to the Islamic Republic’s tenets, new recruits often have little formal training in the law and are chosen because of their political affiliation.
The procedure
The procedures of these ecclesiastical tribunals fail to meet the minimum guarantees for fair trial as established by international human rights instruments and by sha’ria (the Islamic system of law). In addition to executions ordered by revolutionary tribunals, extra-judicial executions are carried out, targeting dissidents and opposition leaders. In some cases, both inside and outside of Iran, these executions have been traced back to Iranian officials. It is, however, not known if in these particular cases trials are held in absentia.
Sources (Among others): Amnesty International, Law and Human Rights in the Islamic Republic of Iran, February 1980; Lawyers' Committee for Human Rights, The Justice System of the Islamic Republic of Iran, 1992; E/CN.4/1989/26 p.14; UNCHR, Resolution 1984/54 , Abolition of Torture - Iran - 1; 28 November 1984; Report on the human rights situation in the Islamic Republic of Iran by the Special Representative of the Commission, Mr. Reynaldo Galindo Pohl, 28 January 1987. Amnesty International, A SHOCKED WORLD WATCHES IN DISBELIEF, VIOLATIONS OF HUMAN RIGHTS, 1987-1990. Memoirs of Ayatollah Khalkhali, religious judge and former head of revolutionary tribunals (2001), and Ayatollah Montazeri, dismissed successor to Ayatollah Khomeini (2001). UNCH, E/CN.4/1994/50, Final report on the situation of human rights in the Islamic Republic of Iran prepared by the Special Representative of the Commission on Human Rights, Mr. Reynaldo Galindo Pohl, pursuant to Commission resolution 1993/62 of 10 March 1993 and Economic and Social Council decision 1993/273. E/CN.4/1994/50, 2 February 1994.
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 close... Detentions, interrogations, and trials: 1979-1980
Read about the conditions in which individuals were detained, tried and sentenced. Pre-trial detentions
The charges upon which the accused were arraigned were often extremely broad. Defendants generally had no access to legal counsel nor to their file and the evidence against them prior to the trial.
Trials
Witnesses might be called, or the statement of persons with relevant information read into the court’s record. Accusation witnesses could come forward the day of the trial to give evidence against the accused, but in most cases, defense witnesses were not allowed in court. There was no automatic right of a defendant to cross-examine witnesses or to know the source of the evidence against him. The defendant had an opportunity to state his side of the matter and attempt to refute what was said against him, but the final decision was solely up to the discretion of the religious judge.
Appeal processes
The judgments of the Revolutionary Courts were not subject to appeal. The convicts were generally executed within a few hours of the judgment.
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close... Based on the available information, the following human rights have been violated in this case:
The right to liberty and security of the person. The right not to be subjected to arbitrary arrest and detention.
Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 9.1. The right to freedom of thought, conscience, and religion, including the right to change and manifest one’s religion or belief.
UDHR, Article 18; ICCPR, Article 18.1, ICCPR, Article 18.2; Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Article 1 and Article 6.
In its general comment 22 (48) of 20 July 1993, the United Nation’s Human Rights Committee observed that the freedom to "have or to adopt" a religion or belief necessarily entailed the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views, as well as the right to retain one's religion or belief. Article 18, paragraph 2, of the International Covenant on Civil and Political Rights bars coercion that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to religious beliefs and congregations, to recant their religion or belief or to convert. The right to freedom of opinion and expression, including the right to hold opinions without interference and to seek, receive and impart information and ideas.
UDHR, Article 19; ICCPR, Article 19.1 and ICCPR, Article 19.2. The right to freedom of association with others, including the right to form and join trade unions for the protection of one’s interests.
UDHR, Article 20; ICCPR, Article 22.1.
The right to due process
The right to be presumed innocent until found guilty by a competent and impartial tribunal in accordance with law.
ICCPR, Article 14.1 and Article 14.2. Pre-trial detention rights
The right to know promptly and in detail the nature and cause of the charges against one. UDHR, Article 9(2); ICCPR, Article 9.2 and Article 14.3.a The right to counsel of one’s own choosing or the right to legal aid. The right to communicate with one’s attorney in confidence
ICCPR, Article 14.3.b and Article 14.3.d; Basic Principles on the Role of Lawyers, Article 1, Article 2, Article 5, Article 6, and Article 8. The right to adequate time and facilities for the preparation of the defense case. ICCPR, Article 14.3.b. The right not to be compelled to testify against oneself or to confess to guilt.
ICCPR, Article 14.3.g. The right not to be subjected to torture and to cruel, inhuman or degrading treatment.
ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.
Trial rights
The right to a fair and public trial without undue delay.
ICCPR, Article 14.1, Article 14.3.c.
The right to defense through an attorney or legal aid. The right to examine, or have examined, the witnesses against one, and the right to obtain the attendance and examination of witnesses on one’s behalf under the same conditions as prosecution witnesses.
ICCPR, Article 14.3.d and Article 14.3.e. The right to have the decision rendered in public.
ICCPR, Article 14.1. The right not to be tried or punished again for an offence for which one has already been convicted or acquitted.
ICCPR, Article 14.7.
Judgment rights
Capital punishment
The inherent right to life, of which no one shall be arbitrarily deprived.
Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 6.1; Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty, Article 1.1, Article 1.2. The right not to be subjected to cruel, inhuman or degrading punishment.
ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.
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