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Indicting Rafsanjani

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II. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE

19. The following paragraphs contain allegations of human rights violations received by the Special Representative and transmitted to the Government of the Islamic Republic of Iran by memoranda dated 25 September and 23 December 1992. Replies received from the Government with regard to the alleged incidents and cases have also been reflected in this section.

 

A. Right to life

20. During 1992 the number of executions in the Islamic Republic of Iran continued to be particularly high. Although the Iranian press has apparently ceased to publish all the cases of executions, at least 224 executions were reported only during the period from 1 January to 31 July 1992.

 

21. Most of the reported executions were said to have been related to drug offences, and were mainly carried out by hanging. The criminal charges resulting in the executions were reportedly as follows: 69 for drug trafficking; 66 for political reasons; 7 for a combination of armed robbery, committing acts of brigandage and "propagation of corruption on earth"; 6 for a combination of creating terror, destroying public security by use of arms, destroying public property and setting fire to government buildings; 3 for a combination of murder, drug trafficking, armed robbery and illegal entry into Iran; 1 for religious reasons; 1 for a combination of creating terror and burning books, including the Holy Qur'an; and 1 for a combination of stabbing, terrorizing and attacking people and smuggling narcotic drugs. For a further 70 executions, no reasons were reported.

 

22. By a letter dated 24 November 1992, the Permanent Representative of the Islamic Republic of Iran to the United Nations forwarded to the Special Representative the following response:

 

"First of all, no person is sentenced to execution due to political activity. Secondly, the sentences of all convicts are precisely indicated in the court's verdict".

 

23. Specific cases of the application of the death penalty since 1 January 1992 have been reported as follows.

 

24. During the first week of January 1992, three persons were reportedly executed in Ilam prison, allegedly for political reasons. Their names were given as follows: Mr. Yadollah Khosravi, Mr. Jabbar Rajabi and Mr. Sirous Pour-Norouz.

 

25. By the same letter dated 24 November 1992, the Permanent Representative stated that: "According to investigations conducted, no political prisoner has been executed in the Province of Ilam. Yadollah Khosravi, Jabbar Rajabi and Sirous Pour-Norouz have no previous political convictions. Only in the case of one person, Jabbar Rajabpour, who is serving under disciplinary force and has been confined to three months in prison due to his insubordination and his confrontation with people while on official duty, do the latter specifications nearly correspond to those of the aforementioned".

 

26. It was further reported that another 15 persons were executed during the first week of January 1992 in Gohardasht prison, Tehran Province, allegedly for political reasons.

 

27. The letter of the Permanent Representative of the Islamic Republic of Iran to the United Nations of 24 November 1992, stated, with regard to the preceding paragraph, that no prisoners have been executed in Gohardasht during 1992 on political grounds.

 

28. According to a dispatch from Agence France Presse of 7 January 1992, on 5 January 1992 seven persons were hanged at Maragheh, East Azerbaijan, after being found guilty of propagation of corruption on earth, committing acts of brigandage and armed robbery.

 

29. In its response dated 24 November 1992, the Government replied as follows:

 

"In 1992, on two separate occasions, people were sentenced to execution. In the first case, an armed robber while committing the crime, shot and killed a mother and her young child; therefore, in accordance with the divine Islamic code of Ghessass, he was sentenced to capital punishment. In the other case, due to banditry, armed robbery, and the murder of a truck driver, the convicted murderer was sentenced to capital punishment. It must be noted that the issuance of the Ghessass verdict, without proof that the murder was intentional, that the murderer, while committing murder, was mature and of sane mind, and that the murder took place under natural conditions, is impossible".

 

30. In addition to the executions mentioned above, the names of other persons reportedly executed during the month of January were given as follows: Mr. Hamid Salehpour, 25 years old, executed at Ahwaz; Mr. Kioumarz Nadjafi, 24 years old, executed at Masdjed Soleiman; Mr. Hassan Asgari, executed at Kermanshah; Mr. Djahangir Chams Sarraf, Mr. Rahim Derikvand, Mr. Sadeq Biralvand, Mr. Soleimani and Mrs. Effat Ghanizadeh, executed in Qazvin, Kermanshah, Gohardasht and Evin prison.

 

31. The Government, in its reply dated 24 November 1992, stated the following:

 

"Hamid Salehpour is currently in Ahwaz prison. He is an Iraqi spy who was arrested about two years ago in a border village while in possession of a substantial number of confidential documents. He has been convicted and sentenced to 15 years' imprisonment. Regarding Keyoumars Najaf-Abadi, there have been no records found. Hassan Asgari-Moghadam, as a member of a known terrorist group, intended to plant a bomb in the city of Kermanshah and was arrested before the explosion. He has been sentenced to 10 years' imprisonment. Jahangir Shams Saraj-Zadeh is an armed robber who is currently serving a 10-year sentence in the city of Ghazvin. Regarding Rahim Derikvand, Sadeq Biralvand, et al., due to the incomplete information on the names no records were obtained. Mrs. Effat Ghanizadeh has been released from prison. Therefore, none of these people have been executed, and each of the persons in question is living his or her own life".

 

32. According to a dispatch from Agence France Presse of 20 February 1992, on 19 February 1992 six persons were hanged at Bouroudjerd, Lorestan Province, after being found guilty of collaborating with the members of an "international gang of drug traffickers".

 

33. The Special Representative has received reports of the execution, on 18 March 1992, of Mr. Bahman Samandari, a member of the Baha'i community in Tehran, who was arrested on 17 March 1992. His family was reportedly refused authorization to visit him in prison on account of an extended public holiday period in connection with the Iranian New Year. When at the end of the holiday period, on 5 April 1992, his wife renewed her request for a visit, she was handed her husband's will dated 18 March with a vague indication that her husband had been executed and that his execution was related to charges levelled against him during a previous detention in 1987, when he had been accused of belonging to the Baha'i faith. No death certificate was allegedly given to her, no formal information was provided on the charges or verdict, and her request to receive his body for burial by the family was also refused.

 

34. Mr. Bahman Samandari and four other Baha'is were previously arrested on 21 October 1987 and charged because of their membership in the Baha'i community. They were released on 18 December 1987, after the title to Bahman Samandari's home had been turned over to the authorities together with money for payment of bail, following which he had to report at regular intervals to the headquarters of the Revolutionary Guards. The Special Representative must point out that there were no legal court proceedings prior to the arrest and execution of Mr. Samandari.

 

35. By the letter dated 24 November 1992, the Government of the Islamic Republic of Iran referred to the above-mentioned case as follows:

 

"Mr. Bahman Samandari has been a spy, and in numerous cases has involved individuals in his intelligence gathering activities. He has a corrupt personality and has frequently committed adultery with married women. He was once arrested on charges of spying several years ago but because of his repentance for previous conduct and the lightness of his charges, was released from the prison after a while. Although he is Baha'i by birth, his indictment had nothing to do with his belief, and the verdict issued has taken its legal procedure and approved by High Court".

 

36. On 27 April 1992, one person was hanged in Dizelabad prison at Kermanshah on charges of drug trafficking. Another 20 persons were also hanged, allegedly for political reasons. Their property and money were confiscated by the authorities. One of those executed allegedly for political reasons was Mr. Mohammad Darabi.

 

37. The reply dated 24 November 1992, declared that:

 

"During the first 3 months of 1992 only one person was executed in the city of Kermanshah on charges of carrying more than 200 kilograms of heroin and opium. He was a professional distributor of narcotic drugs in Kermanshah and has corrupted many innocent youngsters. There has been no case of political execution in Kermanshah, and Mr. Mohammadreza Darai is presently in prison after confessing that he was given the mission by the Mojahedin organization of planting bombs in various locations in Kermanshah city".

 

38. During the second half of April 1992, 45 people were allegedly executed in Tehran. Their bodies were taken to the Mesgarabad Cemetery in south Tehran. The names of five of those executed were given as follows: Mr. Lohaj Ali Ahmadi, Mr. Hamid Naderi, Mr. Mohammad Salami, Mr. Sarmadi and Mr. Beshar Shabibi, who was handed over to the Iranian authorities by an Iraqi opposition group, the so-called Patriotic Union of Kurdistan (PUK). No reasons were officially given for their execution.

 

39. In addition to the executions mentioned above, it was reported that 28 other persons were executed during the month of April at Beresht-e-Zahra, allegedly for political reasons.

 

40. In its reply of 24 November 1992, the Government of the Islamic Republic of Iran stated that:

 

"In the month of April, there were no political executions in Tehran. The alleged names listed were not recognized by any respective organs in the Islamic Republic of Iran. The Mojahedin organization, which supported Saddam Hussein in suppressing the Iraqi people's uprisings, has claimed that its forces were captured by Kurdish Iraqi Groups (Patriotic Unity of Iraqi Kurdistan) during the skirmishes, and the latter submitted them to Iran. However, it must be mentioned that tens of members of the aforementioned organization, who were savagely active in murdering and looting of the Kurdish population of Iraq, were killed while engaging anti-Saddam forces; thus, the people listed probably belong in this category".

 

41. On 26 May 1992, the Iranian newspaper Jomhuri Islami reported that 15 persons were hanged in Tehran on 25 May 1992, after being found guilty of propagation of corruption on earth and distribution of narcotics.

 

42. According to a dispatch from Reuters of 10 June 1992, Tehran Radio announced on 11 June 1992 the execution of four people in the holy city of Mashhad, Khorasan Province. Their names were given as follows: Mr. Javad Ganjkhanlou, Mr. Golamhossein Pourshirzad, Mr. Ali Sadeqi and Mr. Hamid Javid. They were all arrested at Mashhad on 30 May 1992 in connection with the riots in that city. They were convicted of various charges including creating terror, destroying public security by use of arms, destroying public property and setting fire to government buildings. Mr. Ali Sadeqi was also charged with burning books, including the Holy Qur'an, because he was reportedly a leader of the attack on an Islamic Publicity Organization building in which a library containing copies of the Qur'an were burned. Five other persons were sentenced to death by the Islamic Revolutionary Court of Mashhad in connection with the riots in that city.

 

43. With respect to these allegations, the Government, by letter of 24 November 1992, reported the following:

 

"Djavad Ganjkhanlu, Gholamhossein Pourshirzad, Ali Sadeghi and Hamid Javid, hooligans who had several convictions and imprisonments for theft, battery, and other misconducts, were arrested during a riot by a group of hoodlums in Mashhad. Since these four persons confessed to the murder of two innocent residents of Mashhad, and to looting and assault of several small businessmen who were defending their rights, they were sentenced to execution upon the request of the public prosecutor. In the course of the court proceedings, which lasted about one month, the juridical authorities of Khorasan Province decided upon the sentences of execution. But because of public demand for their immediate punishment, a Special Delegation was dispatched to Khorasan Province by the Supreme Judicial Council to supervise court proceedings; consequently the verdict for their execution was confirmed by the High Authorities and carried out accordingly".

 

44. On 11 June 1992, the official Islamic Republic News Agency announced that four people had been hanged and five others had been sentenced to death by the Islamic Revolutionary Court of Shiraz for their part in the May riots in that city. One of those who was executed was named Masoud Gholami. According to a dispatch from Reuters of 11 June 1992, Mohammad Karami, prosecutor of the Islamic Revolutionary Court of Shiraz, stated that Masoud Gholami had a criminal record including charges of stabbing and smuggling narcotic drugs, and that he had terrorized and attacked the public on the day of the riot.

 

45. On 28 June 1992, the Iranian newspaper Kayhan reported that seven people were hanged at Shiraz, Fars Province, after being found guilty of possession and distribution of 500 kilograms of heroin.

 

46. On 15 July 1992, the Iranian newspaper Kayhan reported that 13 people, including 4 Afghans, were hanged at Birjand. Ten of them were executed on charges of buying and selling drugs. The three others, all of Afghan nationality, were found guilty of illegal entry into Iran, armed robbery, drug trafficking and the murder of an Iranian soldier.

 

47. On 27 July 1992, 15 people were executed at Hamadan on drug trafficking charges. Among those executed were Mr. Jafar Mo'ezzani, Mr. Rastegar and Mr. Hassan Baqalian.

 

48. On 28 July 1992, the Iranian newspaper Jomhuri Islami reported that 15 members of a drug trafficking ring which allegedly produced and distributed 2 tons of heroin were hanged in Tehran.

 

49. On 30 July 1992, 16 persons were hanged at Hamadan at the prison of the city. No reasons were given for their execution. It has been reported that these persons were executed following summary trials which failed to meet minimum internationally recognized standards. Trial hearings before Islamic Revolutionary Courts were held in camera, inside prisons, with defendants having no access to legal counsel and no right of appeal.

 

50. It has been reported that Mr. Yahya Kafshdar, a young man arrested on charges of alcohol trafficking, died as a result of torture while in detention in the compound of the "Organization for the Defence of the Good Custom" of Ardebil. His corpse was handed over to his father, who was allegedly forced to sign a document stating that his son had died as a result of intoxication.

 

51. It was reported that in many cases prison authorities do not hand over the corpses of those executed to their relatives. Such was the case of Mr. Morteza Yazdi, born in 1965, son of Seyfollah, who was executed in Evin prison in 1989 in spite of the fact that he was serving an eight-year prison sentence. The authorities allegedly only sent to his parents a communication asking them to deposit 510 rials in a current account and informing them of the number of his tomb.

 

52. With respect to the allegations raised under the right to life, the Government of the Islamic Republic of Iran, by letter of 24 November 1992, stated the following:

 

"... It is necessary to take note of the fact that the problem of narcotic drug trafficking in the Islamic Republic of Iran constitutes the main crime for which the majority of capital punishment verdicts are issued. It is of a vital importance to reiterate that, the verdicts issued by respective courts were not implemented, unless after due process of law, initiation of appealing process upon the request of accused, exercise of the right to petition and requesting for pardon by the convicted person after the endorsement of verdict by a judicial authority of the Supreme Court.

 

"In this regard I draw the attention of the Special Representative to the following observation: The issue of drug trafficking, which is a most devastating menace, has created serious social and economic problems for my country. To safeguard the lives of our people, we have organized a comprehensive campaign against illicit drug trafficking, for which we are spending a significant portion of our national funds.

 

"As a result of this campaign many drug trafficking connections have been destroyed and the criminals have been tried. If one takes into consideration the seriousness of the situation, one would naturally conclude that any compromise with these smugglers would endanger not only Iran, but also any other country to which such drugs are directed. Consequently, to prevent these serious crimes, drug traffickers must be held responsible for their actions to the full extent of the law. As such, the prosecution of drug traffickers should not be considered a violation of individual rights, but rather as a guarantee of the fundamental rights of all people against the dangers of international trafficking bands".

 

53. The following other cases or incidents concerning the right to life have been reported.

 

54. On 30 May 1992, during incidents and demonstrations at Mashhad, Khorasan Province, members of the Islamic Revolutionary Guards Corps of the Pasdaran and other security forces responded with excessive force and opened fire indiscriminately on demonstrators. During demonstrations and riots at Bokan, 8 people were reportedly killed and 20 others wounded by the security forces.

 

55. By the same letter dated 24 November 1992, the Government stated the following:

 

"A number of members of the outlawed Kurdish Democratic Party, by infiltrating the country, intended to create rebellion in the city of Boukan. Although they numbered fewer than 20, they were confronted by the common people and disciplinary forces, 2 of whom were killed and 6 wounded. During this attack, four Kurdish Democratic Party members were also killed and two were arrested. Because of the mountainous terrain, the others managed to escape. Shortly after, an enormous group of local people showed their disgust towards the said party through various, widespread demonstrations. This outlawed party's goal is the disintegration of the country and the establishment of an independent Kurdish government in the Western part of Iran. Towards the end, they attempted to create panic and intimidation among the people, by forcing them into submission, by taking them as hostages, and by looting their possessions and money. Their domicile is in North of Iraq, and they had a close relation with the Iraqi regime up until two years ago".

 

56. It was reported that Mr. Hatan Djahanguiri Zadeh, 26 years old, has been sentenced to death by the Islamic Revolutionary Court of Tabriz on charges of being a sympathizer of the so-called Democrat Party. He has emphatically denied supporting any political movement. His trial was allegedly held in camera and he reportedly had no access to legal counsel.

 

57. By the letter dated 24 November 1992, the Government stated that "According to the investigations conducted, no previous records have been cited regarding Hatan Jahangiri-Zadeh. During 1992, no political prisoners in Tabriz have been sentenced to execution".

 

58. In early August 1992, Mr. Fereidoun Farokhzad-Araghi, an Iranian poet, movie actor and showman, was stabbed to death in his home at Bonn, Germany, allegedly by Iranian government agents. After the 1979 Islamic revolution, he was imprisoned and then released and finally escaped from the country. Some four years ago, he began producing a one-hour weekly radio programme for the radio station "Voice of the Flag of Freedom Organization of Iran". He had reported to this organization that Dr. Javad Ghodssi had warned him about his anti-regime activities. Mr. Ali Gholami, allegedly an agent of the secret police, and Mr. Morteza Rahmani-Movahhed had reportedly also threatened to kill him if he would not collaborate with the regime. Mr. Farokhzad-Araghi took part in a film, Vienna my Love, which was considered anti-Islamic by some Iranian authorities.

 

59. On 11 November 1992, the Special Representative addressed a letter to the Permanent Representative of Germany to the United Nations Office at Geneva requesting his Government to provide any information it might be able to on the investigation into the above-mentioned crime.

 

60. On 5 January 1993, the Permanent Representative of Germany to the United Nations Office at Geneva addressed a letter to the Special Representative stating the following: "In the case of Mr. Fereidoun Farokhazad-Araghi, investigations have not furnished any proof of participation of Iranian officials in the assassination".

 

61. The Government of the Islamic Republic of Iran in its reply of 24 November 1992, stated the following:

 

"According to the German police investigations, the murderer of Feridoun Farokhzad was a homosexual and his motivation was sex-related, not a political matter. Although the above information has not been proved and the investigations continue, the Embassy of the Islamic Republic of Iran in Bonn has announced its readiness to collaborate with judicial and police authorities. At the same time, it has demanded urgent measures to identify Farokhzad's murderer or murderers. The person who killed Farokhzad is most assuredly an opponent of the Iranian regime. Mr. Farokhzad condemned the Mojahedin's collaboration with Saddam in a meeting held in Canada, and a number of Iranians who gathered there had joined him in deeming them Saddam's mercenaries and spies".

 

62. With regard to the assassination of Mr. Kazem Rajavi at Coppet, Switzerland, on 24 April 1990, it was reported that requests addressed by the Investigating Magistrate of the Canton of Vaud to the Iranian police through the intermediary of Interpol of Tehran have so far met with only partial responses. According to the newspaper Le Courrier of 22-23 February 1992, investigations have confirmed the involvement of 13 persons, among them Mr. Yadollah Samadi, an Iranian citizen aged 33, and Mr. Mohammad Said Rezvani, also an Iranian citizen, aged 34.

 

63. The Permanent Representative of the Islamic Republic of Iran to the United Nations in his letter of 24 November 1992, referred to the Rajavi case as follows:

 

"Regarding Kazem Rajavi's terror, the Embassy of the Islamic Republic of Iran in Bern has requested the Swiss judicial authorities to provide further information regarding the suspects, and to create proper channels for the desired cooperation. The request was also raised and followed up during several meetings of the Minister of Foreign Affairs and his Deputy with Swiss authorities. Swiss Ministry of Foreign Affairs officials promised to render their cooperation in this regard, but up to this moment they have not offered any assistance".

 

64. With respect to the assassinations of Mr. Shahpour Bakhtiar, the last Prime Minister before the Islamic Revolution, and Mr. Katibeh Fallouch, his secretary, it was reported that Mr. Zeyal Sarhadi, an Iranian citizen aged 25, was extradited to France by the Swiss authorities on 26 May 1992. Mr. Sarhadi is accused of participating in the preparation of the crime and of aiding the killers to escape to Switzerland. Other persons charged with complicity in the crime were Mr. Massoud Hendi, former chief of the Iranian Radio and Television in Paris, charged on 21 September 1991; Mrs. Fereshteh Djahanbari, allegedly linked to the Iranian Intelligence Services, charged on 28 September 1991, and Mr. Ali Rad Vakili, imprisoned in France on 27 August 1991. According to French press reports, Mr. Massoud Hendi has implicated the Iranian Interior Ministry in the plot to kill these persons. Mr. Hendi is said to have helped the three alleged assassins by providing two of them with false visas to enter France and false Turkish passports to facilitate their escape.

 

65. It was further reported that the Investigating Magistrate, Mr. Jean-Louis Bruguière, issued a warrant for the arrest of Mr. Mohammad Azadi and Mr. Farydoum Boyer-Ahmadi, suspected of direct involvement in the assassinations, and Mr. Hossein Sheikhattar, adviser at the Iranian Ministry of Telecommunications, for complicity in the crime. Another person allegedly involved, Mr. Amirola Teimoori, Iran Air chief of airport security at Orly Airport, was reportedly released from custody on 1 November 1991.