|
 About
Age — Nationality Iran Religion Presumed Muslim Civil status — Education — Occupation — Rank/Position — Institution —
Case Date of execution July 5, 1980 Location Shiraz, Iran Mode of execution unspecified execution method Charges Drug trafficking About This Case
The execution of Mr. Hosein A’rabi and 13 others was reported by the correspondent of the Kayhan daily in Shiraz (July 5, 1980). 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 the Islamic Republic’s authorities have brought trumped up charges against their political opponents and executed them for drug trafficking, sexual, and other criminal offences. Each year, Iranian authorities sentence to death hundreds of alleged common criminals, following judicial processes that fail to meet international standards. The exact number of people convicted based on trumped-up charges is unknown.
Arrest and detention
No information is available on the circumstances of the defendant’s arrest and detention.
Trial
The report provides no information regarding the defendant’s trial.
Charges
Based on the report, Mr. A’rabi was charged with “keeping and carrying 2,750 kilograms of heroin.”
Evidence of guilt
The report does not provide any information on the evidence presented against the defendant.
Defense
No information is available on the accused’s defense.
Judgment
The religious judge at the Anti-Narcotics Islamic Revolutionary Tribunal declared Mr. A’rabi a “corruptor on earth” and sentenced him to death. The sentence was immediately carried out. Based on the report, he had been sentenced to life imprisonment in the previous regime.
|
|
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.
 read...
 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.
read...
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 due process :
b. 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
-
a. 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
d. The right to counsel of his own choosing or legal aid and the right to meet with one’s attorney in confidence ICCPR, Article 14.3.d ; Basic Principles on the Role of Lawyers, Article 1 , Article 2 Article 5 , Article 6, Article 8.
-
c. The right to adequate time and facilities for the preparation of the defense case.
ICCPR, Article 14.3.b.
g. 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 or punishment.
ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.
Trial rights
-
e. The right to a fair and public trial without undue delay.
ICCPR, Article 14.1, Article 14.3.c.
f. The right to examine, or have examined the witnesses against one and to obtain the attendance and examination of defense witnesses under the same conditions as witnesses for the prosecution. ICCPR, Article 14.3.e.
h. The right to have the decision rendered in public. ICCPR, Article 14.1.
i. The right to appeal to a court of higher jurisdiction. ICCPR, Article 14.5.
-
j. The right to seek pardon or commutation of sentence.
ICCPR, Article 6.4.
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 torture and to cruel, inhuman or degrading treatment or punishment.
ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.
|
