URGENT ACTION
PUBLIC AI Index: MDE
13/112/2006
27 October 2006
Further Information on UA 219/05 (MDE 13/046/2005, 24 August 2005) and
follow-ups (MDE 13/067/2005, 04 November 2005; MDE 13/046/2006, 04 May 2006) -
Fear for safety/fear of torture or ill-treatment/unfair trial/possible prisoner
of conscience
IRAN Hojjatoleslam Ezimi Qedimi (m), aged about 32
Muslim cleric Hojjatoleslam Ezimi
Qedimi was released from Tabriz
prison on 31
August 2006. He had served approximately five months of his one-year prison
sentence. Upon his release, Hojjatoleslam Ezimi Qedimi thanked Amnesty
International and its members for their concern and help.
According to reports, his release was ordered by the
Clergy. It is believed that the release is conditional and the authorities have
stipulated that if he resumes his activities on behalf of the Iranian
Azerbaijani community he will be re-detained in order to serve the remainder of
his sentence, and will face new charges. He is also banned from taking up
employment.
In January 2006 Hojjatoleslam Ezimi
Qedimi was tried by Branch Five of the
Penal Code, Article 42 of the Code of Criminal Procedures and Articles 42 and
48 of the Special Code for the Clergy. His trial was held in a closed session
(in violation of Article 14 (1) of the International Covenant on Civil and
Political Rights (ICCPR), to which Iran is a state party), and he did not have
access to a lawyer of his choosing (in violation of Article 14 (3) (b) of the
ICCPR) and therefore attended his trial without legal representation. The Judge
acted as both Prosecutor and Judge, in violation of international standards on
the independence of the judiciary. According to Hojjatoleslam
Ezimi Qedimi,
unusually for cases in Azeri areas, the judge was not an Azeri Turkish speaker
and insisted on conducting the proceedings in Farsi, a language in which
Hojjatoleslam Ezimi Qedimi did not feel comfortable defending himself. He has
also said that he was not provided with any court documents during his trial,
except for the final verdict.
The Court convicted Hojjatoleslam Ezimi
Qedimi of "propagandizing in favour of
groups and organizations against the system" under Article 500 of the
Penal
Code, and sentenced him to one year's imprisonment. He received the additional
punishments of five years’ exile from all Azerbaijani provinces in
five year overseas travel ban under Articles 19 and 20 of the Penal Code. These
restrictions are in direct contravention of the right to freedom of movement
both within one’s country and freedom to leave any country, as set out in
Article 12 (1) and (2) of the ICCPR. He was also banned from wearing the
clothes of a religious scholar for 10 years for "bringing the clergy into
disrepute". This ban is also in contravention of his freedom to manifest
his
religion, as set out in Article 18 of the ICCPR.
An appeal against his sentence was rejected on 20 February 2006 by Branch Two
of the
additionally convicted him of the charges of "pan-Turkic activities"
and
"acting with pan-Turkic opposition groups".
Hojjatoleslam Ezimi Qedimi has stated that he does not believe in the use of
violence and is committed to peaceful means of activism on behalf of the
Iranian Azerbaijani community. Amnesty International believes that the
conviction of Hojjatoleslam Ezimi
Qedimi on the charge of "propagandizing in
favour of groups and organizations against the system" is in violation of
his
rights to freedom of opinion and expression, freedom of peaceful assembly, and
non-discrimination. These rights are guaranteed in Articles 19, 21, and 26 of
the ICCPR. Politically-motivated prosecutions of the Iranian Azerbaijani
community for peacefully asserting their rights also infringe their rights as a
minority group as guaranteed by Article 27 of the ICCPR.
If Hojjatoleslam Ezimi Qedimi were re-detained, Amnesty International would
consider him to be a prisoner of conscience, held solely on account of his
belief in non-violent protest and peaceful activities on behalf of the Iranian
Azerbaijani community in
be unconditional and for all restrictions on him to be lifted.
Hojjatoleslam Ezimi Qedimi was in poor health during his detention in the
military and government section of
problems, and was permitted a 20-day leave period to receive treatment in May
2006, and a further period of temporary leave in July 2006. Hojjatoleslam
Ezimi
Qedimi also developed a sinus infection, for which he
was denied medial
treatment in prison. As a result, the infection has worsened to the extent that
he now suffers from dizziness, nausea, and is unable to stand up. His health is
said to be very poor.