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 About
Age — Nationality Iran Religion Presumed Muslim Civil status — Education — Occupation — Rank/Position — Affiliation —
Case Date of execution March 10, 1989 Location Kerman, Iran Mode of execution hanging Charges Acts incompatible with chastity; Drug possession; Drug trafficking; Robbery About this Case
News of the execution of Mr. Gholamhossein Aqajani, along with 80 other individuals who were executed in 27 different cities on one day, was published in theJomhuri Eslaminewspaper in 1989 quoting Announcement Number 7 from the Headquarters for Combating Narcotics. The announcement concludes, "The Headquarters for Combating Narcotics warns traitors and elements of colonialism and imperialism, who are actively involved in importing and distributing destructive narcotics, to stop their wicked activities before they are captured by the claws of Islamic justice, to surrender to the security forces, to provide all information they have on professional smugglers, and help arrest these merchants of death. Certainly, the Islamic Revolutionary Court does not hesitate to uproot corruptors and distributors of narcotics and will issue and execute God's ruling against them."
Arrest and Detention
The circumstances of this defendant’s arrest and detention are not known.
Trial
No information is available on the defendant’s trial. It took place in the Revolutionary Court of Kerman.
Charges
The charges against Mr. Gholamhossein Aqajani, along with eleven other individuals, were announced as "active participation in dealing and distribution of narcotics, specifically 55 kilograms and 700 grams of heroin and 1,164 of kilograms of opium, cooperation with the international armed smugglers, robbery, and acts incompatible with chastity. Some of the defendants had previous convictions for the above charges."
The validity of the criminal charges brought against this defendant cannot be ascertained in the absence of the basic guarantees of a fair trial. International human rights organizations have drawn attention to reports indicating that Islamic Republic authorities have brought trumped-up charges against their political opponents and executed them for alleged drug trafficking, sexual, and other criminal offences. Thousands of alleged drug traffickers have been sentenced to death following judicial processes that fail to meet international standards. Scores of them were executed based on a 1989 law imposing mandatory death sentences on drug traffickers found in possession of specified amounts of proscribed narcotics (5 kg of hashish or opium, and more than 30 grams of heroin, codeine or methadone). The exact number of people convicted based on trumped-up charges is unknown.
Evidence of Guilt
The report of this execution does not contain information regarding the evidence provided against the defendant.
Defence
No information is available on Mr. Gholamhossein Aqajani's defence.
Judgment
Based on the court's ruling, Mr. Gholamhossein Aqajani was hanged in Kerman.
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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: 1989-1993
Read about the conditions in which individuals were detained, tried and sentenced. Pre-trial detentions
The accused, including political dissidents, were arrested and detained for months without trial, and sometimes without being informed of the charges against them. Detainees were routinely subjected to torture in order to coerce confessions of guilt. A single individual, the judge, was in charge of both the investigation and the interrogation.
Trials
Trials, particularly in the cases of prisoners of opinion, were held in camera. Despite the fact that a 1991 law authorized the presence of a defense attorney, there was no evidence that defendants were permitted access to legal counsel.
Appeal processes
The judgment of the revolutionary court was not subject to appeal. A 1988 law gave defendants tried by penal courts a right to appeal to the Supreme Court in certain circumstances, such as in cases of false testimony or procedural violations. However, if the appeal was accepted, the case was retried by the penal court--not a higher court. Executions were often carried out shortly after the judgment.
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close... Based on the available information, the following human rights have been violated in this case:
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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 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
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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, Article 8. -
The right to adequate time and facilities for the preparation of the defence 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
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The right to a fair and public trial without undue delay. ICCPR, Article 14.1, Article 14.3.c.
The right to defence through an attorney or legal aid. The right to examine, or have examined, the witnesses against one and 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.
Judgment rights
Capital punishment
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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.
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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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