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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