[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at mail.smu.edu
Tue Nov 13 16:59:26 CST 2007





                URGENT ACTION APPEAL

        13 November 2007

        Further Information on UA 39/07 (16 February 2007) and
        follow-up (30 March 2007 and 24 July 2007) - Fear of
        torture/ Arbitrary arrest/Death penalty

        IRAN       Adnan Hassanpour (m) aged 27, Kurdish journalist and
                         cultural rights activist
                         Mansour Tayfouri (m), Kurdish journalist and
                         translator
                         Abdolwahed Butimar known as Hiwa (m) aged 29,
                         Kurdish activist and environmentalist

        The death sentence against Iranian Kurdish journalist and
        cultural rights activist Adnan Hassanpour has been upheld by
        Branch 32 of the Supreme Court. The sentence needs to be
        approved by the Head of the Judiciary before it can be
        carried out.The Court also overturned the death sentence
        against Abdolwahed (Hiwa) Butimar because of irregularities
        in legal procedure. His case was sent back for review to the
        Revolutionary Court in the city of Marivan, Kordestan
        province, which had initially sentenced him.

        The rulings on both cases were issued on 23 October, but
        were not immediately made public. Saleh Nikhbakht, one of
        the lawyers representing Adnan Hassanpour and Hiwa Butimar,
        was informed of the Supreme Court's verdict on 5 November
        but on 11 November told the Iranian Student News Agency
        (ISNA) that the verdict has not formally been issued by the
        Supreme Court, and therefore not subject to implementation.

        Adnan Hassanpour was detained on 25 January 2007and Hiwa
        Butimar on or around 23 December 2006, both in Marivan. On
        17 July Adnan Hassanpour was told that he had been sentenced
        to death on charges including espionage and in connection
        with allegedly revealing the location of military sites and
        establishing contacts with the US foreign affairs ministry
        and assisting in the flight from Iran of a person wanted for
        questioning by the judiciary. Taken together these were
        considered as amounting to to the capital offence of
        moharebeh (being at enmity with God). The Supreme Court
        upheld this conclusion and therefore upheld the death
        sentence.

        The two men began a hunger strike on 14 July and remained on
        it for up to 50 days, demanding improved conditions of
        detention, an end to their solitary confinement and their
        transfer from a detention centre under the control of the
        Ministry of Intelligence to an official prison in Marivan,
        to which their families would have access. They also
        demanded the right to have access to their lawyers whenever
        they wanted. Following their hunger strike, Adnan Hassanpour
        and Hiwa Butimar were reportedly given better access to
        their families and lawyers.

        In April, the Mehr News Agency, which is said to have close
        links with Iran's judiciary, apparently alleged that Adnan
        Hassanpour had been in contact with Kurdish opposition
        groups and had helped two people from Khuzestan province who
        were wanted by the authorities to flee from Iran.

        Adnan Hassanpour is a former member of the editorial board
        of the Kurdish-Persian weekly journal Aso (Horizon), which
        the authorities closed down in August 2005 following
        widespread unrest in Iran's Kurdish areas. Adnan Hassanpour
        had reportedly been tried for offences supposedly arising
        from articles published in the journal. Hiwa Butimar heads
        an environmental organization called The Green Mountain
        Society, and has also reportedly written articles for Aso.
        The Iranian judiciary reportedly said that the two men were
        not prosecuted for their work, but for taking up arms
        against Iran.

        Amnesty International has no information about Mansour
        Tayfouri.

        BACKGROUND INFORMATION
        The scope of capital crimes in Iran remains extraordinarily
        large and includes vaguely worded charges, such as "enmity
        against God" (moharebeh ba Khoda) and "being corrupt on
        earth" (mofsed fil arz), which refer, inter alia, to those
        accused of using firearms against the state or carrying out
        acts of robbery and to those who are considered to be
        carrying out espionage against the government. These crimes
        are regarded as crimes against God and as such are not
        subject to pardon. Offenses for which judges have
        discretionary powers to impose the death penalty include
        those relating to national security offenses.

        Article 6(2) of the International Covenant on Civil and
        Political Rights, to which Iran is a state party states:
        "In countries which have not abolished the death penalty,
        sentence of death may be imposed only for the most serious
        crimes..." The UN Human Rights Committee, the independent
        body that reviews states' implementation of this treaty has
        stated: "The Committee is of the opinion that the
        expression 'most serious crimes' must be read restrictively
        to mean that the death penalty should be a quite exceptional
        measure."

        RECOMMENDED ACTION: Please send appeals to arrive as quickly
        as possible:
        - urging the authorities to commute Adnan Hassanpour's death
        sentence immediately;
        - welcoming the review of Abdolwahed (Hiwa) Butimar's case;
        - acknowledging that governments have a responsibility to
        bring to justice those suspected of criminal offenses, but
        stating your unconditional opposition to the death penalty,
        as the ultimate cruel, inhuman and degrading punishment and
        violation of the right to life;
        - asking for full details of the charges and evidence
        against Adnan Hassanpour and expressing concern that his
        trial may not have met international standards for fair
        trial, which are especially important in capital cases;
        - asking the authorities for information on the detention of
        Kurdish journalist Mansour Tayfouri, including any charges
        and evidence brought against him and of any trial
        proceedings, and calling for him to be released unless he is
        to be charged with a recognizably criminal offense and given
        a prompt and fair trial;
        - calling on the authorities to ensure that none of the
        three men is tortured or ill-treated.

        APPEALS TO:
        Head of the Judiciary
        His Excellency Ayatollah Mahmoud Hashemi Shahroudi
        Ministry of Justice, Panzdah Khordad (Ark) Square,
        Tehran, Islamic Republic of Iran
        Fax: 011 98 21 3390 4986 (please keep trying, if the called
        is answered, say "fax please")
        Email: info at dadgostary-tehran.ir (In the subject line:
        FAO Ayatollah Shahroudi)
        Salutation: Your Excellency

        COPIES TO:
        President
        His Excellency Mahmoud Ahmadinejad
        The Presidency, Palestine Avenue, Azerbaijan Intersection,
        Tehran, Islamic Republic of Iran
        Fax: 011 98 21 6 649 5880
        Email: dr-ahmadinejad at president.ir
        via website: http://www.president.ir/email/

        Governor of Kordestan
        Governor Esmail Najjar
        Email: Use the feedback form on the website:
        http://en.ostan-kd.ir/Default.aspx?TabID=59

        Iran does not presently have an embassy in the United
        States. Instead, please send copies to:

        Iranian Interests Section
        2209 Wisconsin Ave NW
        Washington DC 20007
        Fax: 1 202 965 1073
        Email: requests at daftar.org

        PLEASE SEND APPEALS IMMEDIATELY. Check with the AIUSA Urgent
        Action office if sending appeals after 25 December 2007.


        Amnesty International is a worldwide grassroots movement
        that promotes and defends human rights.

        This Urgent Action may be reposted if kept intact, including
        contact information and stop action date (if applicable).
        Thank you for your help with this appeal.

        Urgent Action Network
        Amnesty International USA
        600 Pennsylvania Ave SE 5th fl
        Washington DC 20003
        Email: uan at aiusa.org
        http://www.amnestyusa.org/urgent/
        Phone: 202.544.0200
        Fax: 202.675.8566

        ----------------------------------
        END OF URGENT ACTION APPEAL
        ----------------------------------





More information about the DeathPenalty mailing list