URGENT ACTION

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07 Jun 2016

URGENT ACTION

Ahwazi female prisoner was tortured by Iranian Guard

According to the reliable sources from Ahwazi Human Rights Activist, Mrs. Fahimeh Esmaeili Ahwazi Arab political prisoner was tortured by the Iranian Guard in the prison on 2nd June 2016.

Mrs. Fahimeh Esmaeili 34 years of age, was arrested on 29th February 2006 by the Iranian intelligence services along her husband Mr Ali Matori in the charge of enmity of Gad, corruption on the earth, danger for national security and having connection with terrorism.

The Iranian revolutionary court was sent Mrs Fahimeh Esmaeili to 15 years life imprisonment and exiled to Yasouj. However, her husband Mr Ali Matori and other ten Ahwazi political activists were sent to the death penalty without accessing to a fair trial and lawyers.

Mrs. Fahimeh Esmaeili and her husband were detained several months in the detention that belong to the Iranian intelligence services. Mrs Fahimeh was imprisoned and kept in solitary confinement and faced with wanton of extreme torture while she was in the detention although she was pregnant. Mrs Fahimeh was given birth to her baby in the detention without accessing to medical care.

On 2nd June 2016, Mrs Fahimeh Esmaeili had an argument and verbal conflict with one of the agents in Yasouj prison due to not accessing medical care and having permission to visit her family and daughter. Hence, she was severely beaten by the Iranian Guard in the prison, in which caused her to lose her consciousness, so she was transferred to the hospital.

The Ahwazi Organisation for the Defence of Human Rights strongly condemned the Iranian ill-treatments against Ahwazi Arab in general and against Mrs. Fahimeh Esmaeili in particular. The Ahwazi Organisation for the Defence of Human Rights demand the International Human Rights Organisations and International Community in general and Dr Ahmad Shaheed, the Special Rapporteur of Human Rights for Iran in particular, to pay more attention for the case of Mrs. Fahimeh Esmaeili, who was arrested in 2006 and exiled to Yasouj by the Iranian intelligence services without having a fair trial and lawyer.

ADDITIONAL INFORMATION

Ahwaz is an Arab land that located in the South- West and South Iran. The name of Al-Ahwaz has changed to Khuzestan, Bushehr and Hormozgan in 1935 after invading the land in 1925. The Iranian both regimes such as Pahlavi era and Islamic republic era used different ways to suppress Ahwazi voices.

A considerable number of Ahwazi have been arrested by the Iranian authorities due to their activities. Therefore, many of the activists were died under torture, and many were sent to the death penalty or long life imprisonment.

The strategy of the Iranian authorities toward Ahwazi Arab people has an impact on Ahwazi Arabs. For instance, the demographic of Al-Ahwaz has changed due to bringing settlers to Al-Ahwaz; the vast majority of Ahwazi are unemployed, poor and homelessness.

The Iranian authorities also deprived Ahwazi of reaching their right to life, although Article 6 of the ICCPR states that ”every human being has the irrefutable right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life”.

Besides, Article 6 states that ”anyone sentenced to death shall have the right to seek pardon or commutation of the sentence”. ”Sentence of death shall not be imposed for crimes committed by persons below eighteen years ”.of age and shall not be carried out on pregnant women

Article 6 of ICCPR also states that ‘’the Authorities should not taking confess under torture and should not torture the prisoners while they are in prisons’’.

In 1996, the Economic and Social Council encouraged all member states to offer a fair trial and independent judiciary to people who may have been facing capital punishment, as mentioned in Article 14 of the International Covenant on Civil and Political Rights (Roger Hood, 2008).

Safeguard 8 of the ”Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty”, adopted by the UN Economic and Social Council in 1984, states that ”the death penalty against a person who is waiting for its appeal or pardon cannot be carried out”. It means that Safeguard 8 of the Committee also have an idea to limit the capital punishment. This position was further enforced by the UN Commission on Human Rights in resolution 2005/59, adopted on 20 April 2005, which urged all states should not ”carry out the capital punishment against a person who does not access an international or national level of the trial”. Therefore, the UN HRC has made clear that in various cases, the execution of a prisoner, when the sentence has not approved by the Supreme Court, is a violation of Article 6 of that Covenant.

The rights to equal access to justice are one of the cornerstones of any legal system based on the rule of law, in which the UN protocols against the death penalty by obtaining a fair trial. It is enshrined in Article 14(1) CCPR and, on the regional level, in Article 6(1) ECHR, and Article 8(1) ACHR. For example, Article 11 of the Convention offer people to have a ”fair trial for both civil and criminal matters’’ enunciates a very important right, for the implementation of all other rights depends upon the proper administration of justice.

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