A/HRC/28/70 Working Group on Arbitrary Detention (WGAD) issued an Opinion concerning the case and stated that the Iranian government did not only violate “international human rights laws, but also Iranian laws on the subject” by detaining them. The WGAD judged the deprivation of their liberty to be arbitrary and requested that the Government release them and accord them with “an enforceable right to compensation.”15 In February 2013, the Special Rapporteur joined the Chair of the Working Group on Arbitrary Detention and the Special Rapporteur on the rights to freedom of peaceful assembly and of association in a statement calling for their immediate and unconditional release.16 27. Messrs. Karoubi and Mousavi and Ms. Rahvanard have called on authorities to grant them a public trial by a competent court, in accordance with the Constitution. 17 Parlimentarian Mr. Ali Motahari has also repeatedly called on Government officials to address the house arrest.18 On 7 October 2014, Mr. Motahari declared the house arrest to be without judicial warrant and unconstitutional. In addition, he criticized the comments of officials who predicted, prior to due process of law, that the sentence would be heavy, or possibly execution.19 Mr. Motahari also called for a public trial-by-jury, in accordance with the Constitution, and for the “punishment” of officials responsible for the continuation of the house arrest. He maintained that the President, who is also the head of the Supreme National Security Council, is responsible for the implementation of the Constitution.20 An administration spokesperson responded by stating that it is “not indifferent” toward this issue, but no action has yet been taken.21 28. On 31 December 2014, the head of Judiciary, Mr. Sadegh Larijani, declared the house arrest to be constitutional and in accordance with the Supreme National Security Council Act. According to Mr. Larijani, the Judiciary has two considerations in deciding whether to hold a trial in this case: a Supreme National Security Council Act regarding the house arrest of “seditionists” (a term used by some officials to describe the post-2009 presidential election protesters) leaders and “the explicit comments of some seditionist agents stating that they do not care about the outcome of any trial, and just want a platform to have their say.”22 Family members are reportedly concerned regarding the conditions of the house arrest and the lack of medical care available to the individuals.23 29. Reports surfaced that the Prosecutor’s Office allegedly pledged the furlough of Mr. Abdolfattah Soltani if his family posted bail of one-billion toman. The family attempted to post the bail in August 2014, yet the Prosecutor’s Office failed to grant the furlough. On 19 November 2012, the WGAD adopted an Opinion concerning Mr. Abdolfattah Soltani, human rights lawyer and co-founder of the Defenders of Human Rights Centre (DHRC), deeming the deprivation of his liberty to be “arbitrary” and encouraged the Government to “take necessary steps to remedy the situation, which include his immediate release.”24 Mr. Soltani was reportedly arrested on 10 September 2011, and on 4 March 2012 the Revolutionary Court sentenced him to 18 years in prison and a 20-year ban from practicing law on charges of “forming or running a group or association outside or 15 16 17 18 19 20 21 22 23 24 http://www.un.org/en/ga/search/view_doc.asp?symbol=A/HRC/WGAD/2012/30. http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12981&LangID=E. http://www.kaleme.com/1393/10/06/klm-205874/ ; http://sahamnews.org/1393/09/271227/. http://alimotahari.com/?p=2358. http://alimotahari.com/?p=2358 ; www.isna.ir/fa/news/93072614099/ ; http://sahamnews.org/1393/09/271030/. http://alimotahari.com/?p=2358. www.isna.ir/fa/news/93071609462/. www.mehrnews.com/news/2453608/. http://sahamnews.org/1393/09/271326/ ; http://www.rahesabz.net/story/87831/. http://www.un.org/en/ga/search/view_doc.asp?symbol=A/HRC/WGAD/2012/54. 29

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