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URGENT APPEAL - THE OBSERVATORY
IRN 001 / 0609 / OBS 082
Sentencing / Arbitrary detention
Iran
June 12, 2009
The Observatory for the Protection of Human Rights Defenders, a joint
programme of the International Federation for Human Rights (FIDH) and the
World Organisation Against Torture (OMCT), requests your urgent intervention
in the Islamic Republic of Iran:
Brief description of the situation:
The Observatory has been informed by reliable sources about the ongoing
arbitrary detention of Ms. Silva Harotonian, an Iranian citizen of Armenian
origin and resident of Armenia, arrested on June 26, 2008 in Tehran. Ms.
Harotonian is employed as an administrative staff under the Child Health
Education and Exchange Program (MCHEEP) of the International Research &
Exchanges Board (IREX)[1][1]. She has been implementing a maternal and child
health programme between Iran and the United States, aiming to improve
health conditions for mothers and children.
According to the information received, on May 7, 2009, Ms. Harotonian lodged
an appeal to the Supreme Court challenging the legality of her detention. As
of issuing this urgent appeal, a decision had yet to be issued by the
Supreme Court, and Ms. Harotonian remained under detention in Evin prison,
in Tehran.
Ms. Silva Harotonian was arrested on June 26, 2008 by the Iranian
authorities, during a work trip to Iran in the framework of a project to
organise a visit of Iranian experts to the United States. She was
subsequently accused of plotting a soft revolution against the Islamic
Republic of Iran.
On December 31, 2008, the first hearing took place in Chamber 15 of the
Tehran Islamic Revolutionary Court, which sentenced her on January 19, 2009
to three years' imprisonment in Evin Prison, for "acting against the
security of the country". The sentencing is based on Articles 500 and 508 of
the Islamic Penal Code[2][2].
Ms. Harotonian lodged an appeal against the decision. On March 18, 2009, she
was informed of the decision of the Chamber 52 of the Tehran Province Court
of Appeals rejecting her appeal and denying her release. Her attorneys filed
a second appeal before the Supreme Court on May 7, 2009. The appeal is
founded on a series of violations of the right to fair trial accompanied
with procedural and judicial errors and based on false confessions. In
addition, agents of the Ministry of Information attended the hearing in
December 2008 and were even granted permission to submit materials in
violation of Article 193 of the Penal Procedural Code. The Observatory
further notes that the accusation upheld against Ms. Harotonian at the lower
Court was the "cooperation with an enemy State", despite the fact that the
Iranian authorities were informed well in advance of the project and the
activities planned of IREX.
The Observatory denounces Ms. Silva Harotonian's arbitrary sentencing, which
seems to merely sanction her professional activities to promote health
rights in the Islamic Republic of Iran.
The Observatory further wishes to remind that Iran made a commitment to
"uphold the highest standards in the promotion and protection of human
rights"[3][3] by presenting its candidacy to the Human Rights Council 2006
election, and had insisted in this regard that the country has "continuously
put great efforts into safeguarding the status and inherent dignity of the
human person as well as the promotion and protection of human rights and
fundamental freedoms"[4][4]. However the conviction of Ms. Silva Harotonian
is unfair and prejudicial as she has never acted with harmful intentions
towards Iran. Besides the processes leading to the conviction, such as her
eleven month detentions, contradict such a commitment and undo such efforts.
Actions requested:
Please write to the authorities in Iran urging them to:
i. Guarantee in all circumstances the physical and psychological integrity
of Ms. Silva Harotonian;
ii. Release Ms. Harotonian immediately and unconditionally as her detention
is arbitrary since it only aims at sanctioning her human rights activities;
iii. Put an end to all acts of harassment - including at the judicial level
- against Ms. Silva Harotonian as well as against all human rights defenders
in Iran;
iv. Comply with all the provisions of the United Nations Declaration on
Human Rights Defenders, in particular with Article 1, which provides that
"everyone has the right, individually and in association with others, to
promote and to strive for the protection and realization of human rights and
fundamental freedoms at the national and international levels", as well as
with Article 12.2, which states that "the State shall take all necessary
measures to ensure the protection by the competent authorities of everyone,
individually and in association with others, against any violence, threats,
retaliation, de facto or de jure adverse discrimination, pressure or any
other arbitrary action as a consequence of his or her legitimate exercise of
the rights referred to in the present Declaration";
v. Ensure in all circumstances the respect for human rights and fundamental
freedoms in accordance with the Universal Declaration of Human Rights and
with international and regional human rights instruments ratified by the
Islamic Republic of Iran.
Addresses:
* Leader of the Islamic Republic, His Excellency Ayatollah Sayed Ali
Khamenei, The Office of the Supreme Leader, Shoahada Street, Qom, Islamic
Republic of Iran, Faxes: + 98.21.649.5880 / 21.774.2228, Email:
[email protected] / [email protected] / [email protected];
* President, His Excellency Mahmoud Ahmadinejad, the Presidency, Palestine
Avenue, Azerbaijan Intersection, Tehran, Islamic Republic of Iran, Fax: +
98.21.649.5880, E-mail: [email protected];
* Head of the Judiciary, His Excellency Mr. Mahmoud Hashemi Shahrudi,
Ministry of Justice, Park-e Shahr, Tehran, Islamic Republic of Iran, Fax:
+98.21.879.6671 / +98 21 3 311 6567, Email: [email protected];
* Minister of Foreign Affairs, His Excellency Mr. Manuchehr Motaki, Ministry
of Foreign Affairs, Sheikh Abdolmajid Keshk-e Mesri Av, Tehran, Islamic
Republic of Iran, Fax: + 98.21.390.1999, Email: [email protected];
* Permanent Mission of the Islamic Republic of Iran, Chemin du
Petit-Saconnex 28, 1209 Geneva, Switzerland, Fax: +41 22 7330203, Email:
[email protected];
* Ambassador Mr. Aboutalebi, Embassy of Iran in Brussels, avenue Franklin
Roosevelt, 15 A. 1050 Bruxelles, Belgium, Fax: + 32 2 762 39 15. Email:
<mailto:[email protected]> [email protected].
Please also write to the diplomatic mission or embassy of Iran in your
respective country.
***
Geneva-Paris, June 12, 2009
Kindly inform us of any action undertaken quoting the code of this appeal in
your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of
Human Rights Defenders and aims to offer them concrete support in their time
of need. The Observatory was the winner of the 1998 Human Rights Prize of
the French Republic.
To contact the Observatory, call the emergency line:
E-mail: [email protected]
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
_____
[1][1] MCHEEP is an exchange programme for healthcare professionals from the
United States and Iran.
[2][2] Article 508 states that: "Any person or group who cooperates with an
enemy Government against the Islamic Republic of Iran, if not charged as a
mohareb (waging an armed battle against the State) will be sentenced to one
to ten years in prison".
[3][3] In accordance with GA resolution A/RES/60/251 establishing the Human
Rights Council.
[4][4] http://www.un.org/ga/60/elect/hrc/iran.pdf
IRN 001 / 0609 / OBS 082
Sentencing / Arbitrary detention
Iran
June 12, 2009
The Observatory for the Protection of Human Rights Defenders, a joint
programme of the International Federation for Human Rights (FIDH) and the
World Organisation Against Torture (OMCT), requests your urgent intervention
in the Islamic Republic of Iran:
Brief description of the situation:
The Observatory has been informed by reliable sources about the ongoing
arbitrary detention of Ms. Silva Harotonian, an Iranian citizen of Armenian
origin and resident of Armenia, arrested on June 26, 2008 in Tehran. Ms.
Harotonian is employed as an administrative staff under the Child Health
Education and Exchange Program (MCHEEP) of the International Research &
Exchanges Board (IREX)[1][1]. She has been implementing a maternal and child
health programme between Iran and the United States, aiming to improve
health conditions for mothers and children.
According to the information received, on May 7, 2009, Ms. Harotonian lodged
an appeal to the Supreme Court challenging the legality of her detention. As
of issuing this urgent appeal, a decision had yet to be issued by the
Supreme Court, and Ms. Harotonian remained under detention in Evin prison,
in Tehran.
Ms. Silva Harotonian was arrested on June 26, 2008 by the Iranian
authorities, during a work trip to Iran in the framework of a project to
organise a visit of Iranian experts to the United States. She was
subsequently accused of plotting a soft revolution against the Islamic
Republic of Iran.
On December 31, 2008, the first hearing took place in Chamber 15 of the
Tehran Islamic Revolutionary Court, which sentenced her on January 19, 2009
to three years' imprisonment in Evin Prison, for "acting against the
security of the country". The sentencing is based on Articles 500 and 508 of
the Islamic Penal Code[2][2].
Ms. Harotonian lodged an appeal against the decision. On March 18, 2009, she
was informed of the decision of the Chamber 52 of the Tehran Province Court
of Appeals rejecting her appeal and denying her release. Her attorneys filed
a second appeal before the Supreme Court on May 7, 2009. The appeal is
founded on a series of violations of the right to fair trial accompanied
with procedural and judicial errors and based on false confessions. In
addition, agents of the Ministry of Information attended the hearing in
December 2008 and were even granted permission to submit materials in
violation of Article 193 of the Penal Procedural Code. The Observatory
further notes that the accusation upheld against Ms. Harotonian at the lower
Court was the "cooperation with an enemy State", despite the fact that the
Iranian authorities were informed well in advance of the project and the
activities planned of IREX.
The Observatory denounces Ms. Silva Harotonian's arbitrary sentencing, which
seems to merely sanction her professional activities to promote health
rights in the Islamic Republic of Iran.
The Observatory further wishes to remind that Iran made a commitment to
"uphold the highest standards in the promotion and protection of human
rights"[3][3] by presenting its candidacy to the Human Rights Council 2006
election, and had insisted in this regard that the country has "continuously
put great efforts into safeguarding the status and inherent dignity of the
human person as well as the promotion and protection of human rights and
fundamental freedoms"[4][4]. However the conviction of Ms. Silva Harotonian
is unfair and prejudicial as she has never acted with harmful intentions
towards Iran. Besides the processes leading to the conviction, such as her
eleven month detentions, contradict such a commitment and undo such efforts.
Actions requested:
Please write to the authorities in Iran urging them to:
i. Guarantee in all circumstances the physical and psychological integrity
of Ms. Silva Harotonian;
ii. Release Ms. Harotonian immediately and unconditionally as her detention
is arbitrary since it only aims at sanctioning her human rights activities;
iii. Put an end to all acts of harassment - including at the judicial level
- against Ms. Silva Harotonian as well as against all human rights defenders
in Iran;
iv. Comply with all the provisions of the United Nations Declaration on
Human Rights Defenders, in particular with Article 1, which provides that
"everyone has the right, individually and in association with others, to
promote and to strive for the protection and realization of human rights and
fundamental freedoms at the national and international levels", as well as
with Article 12.2, which states that "the State shall take all necessary
measures to ensure the protection by the competent authorities of everyone,
individually and in association with others, against any violence, threats,
retaliation, de facto or de jure adverse discrimination, pressure or any
other arbitrary action as a consequence of his or her legitimate exercise of
the rights referred to in the present Declaration";
v. Ensure in all circumstances the respect for human rights and fundamental
freedoms in accordance with the Universal Declaration of Human Rights and
with international and regional human rights instruments ratified by the
Islamic Republic of Iran.
Addresses:
* Leader of the Islamic Republic, His Excellency Ayatollah Sayed Ali
Khamenei, The Office of the Supreme Leader, Shoahada Street, Qom, Islamic
Republic of Iran, Faxes: + 98.21.649.5880 / 21.774.2228, Email:
[email protected] / [email protected] / [email protected];
* President, His Excellency Mahmoud Ahmadinejad, the Presidency, Palestine
Avenue, Azerbaijan Intersection, Tehran, Islamic Republic of Iran, Fax: +
98.21.649.5880, E-mail: [email protected];
* Head of the Judiciary, His Excellency Mr. Mahmoud Hashemi Shahrudi,
Ministry of Justice, Park-e Shahr, Tehran, Islamic Republic of Iran, Fax:
+98.21.879.6671 / +98 21 3 311 6567, Email: [email protected];
* Minister of Foreign Affairs, His Excellency Mr. Manuchehr Motaki, Ministry
of Foreign Affairs, Sheikh Abdolmajid Keshk-e Mesri Av, Tehran, Islamic
Republic of Iran, Fax: + 98.21.390.1999, Email: [email protected];
* Permanent Mission of the Islamic Republic of Iran, Chemin du
Petit-Saconnex 28, 1209 Geneva, Switzerland, Fax: +41 22 7330203, Email:
[email protected];
* Ambassador Mr. Aboutalebi, Embassy of Iran in Brussels, avenue Franklin
Roosevelt, 15 A. 1050 Bruxelles, Belgium, Fax: + 32 2 762 39 15. Email:
<mailto:[email protected]> [email protected].
Please also write to the diplomatic mission or embassy of Iran in your
respective country.
***
Geneva-Paris, June 12, 2009
Kindly inform us of any action undertaken quoting the code of this appeal in
your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of
Human Rights Defenders and aims to offer them concrete support in their time
of need. The Observatory was the winner of the 1998 Human Rights Prize of
the French Republic.
To contact the Observatory, call the emergency line:
E-mail: [email protected]
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
_____
[1][1] MCHEEP is an exchange programme for healthcare professionals from the
United States and Iran.
[2][2] Article 508 states that: "Any person or group who cooperates with an
enemy Government against the Islamic Republic of Iran, if not charged as a
mohareb (waging an armed battle against the State) will be sentenced to one
to ten years in prison".
[3][3] In accordance with GA resolution A/RES/60/251 establishing the Human
Rights Council.
[4][4] http://www.un.org/ga/60/elect/hrc/iran.pdf