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Washington DC, August 15, 2007
Iran is witnessing a wave of publicly announced executions, unprecedented in
more than a decade, and a serious crackdown on the government’s critics and
proponents of legal reforms within civil society. With this new surge of state
violence, the Islamic Republic's decades-long practice of using coerced confessions
to establish detainees’ guilt is a great cause for concern and should be
subject to serious international scrutiny. Since January 2007, at least 247
individuals/ /have been executed and scores more have been sentenced to death.
In the absence of an independent national mechanism to defend the detainees'
rights, Iranians can only rely upon the international community’s outcry
regarding the judicial process leading to these executions.
On July 18^th and 19^th , 2007, the international community's attention was
drawn to the “confessions” of two Iranian-American academics, Haleh Esfandiari
and Kian Tajbakhsh, broadcast on Iran’s state-run television network. Excerpts
from the “confession” of Ramin Jahanbegloo, another Iranian scholar who was
detained in 2006, were also added to the footage. All three had for years been
carrying out activities that were legal and known to the government. All three
were detained for months prior to their televised "interviews,"
interrogated repeatedly under harsh conditions, and denied visitation by family
members or access to an attorney.
On July 19th, in a Washington Post article, Haleh Esfandiari's daughter
compared her mother's television appearance to a "KGB-style television
'confession'". She also stated that her 67-year-old mother "has been
subjected to hundreds of hours of harsh and intimidating interrogations, often
while blindfolded, totally cut off from the outside world ... ."
On July 20th, the website created to advocate on behalf of Kian Tajbakhsh
(freekian.org) pointed to the "deceptive" nature of the interviews
and expressed outrage. It noted that Esfandiari and Tajbakhsh's
"statements to an unseen interviewer or interrogator are spliced together
with other unrelated footage, while two commentators make false connections
between their work and a supposed plot to undermine the government."
Most recently, the Deputy Prosecutor of Tehran
stated in an interview to the Islamic Republic News Agency (August 12) that
Haleh Esfandiari and Kian Tajbakhsh "will have some writings to do upon
completion of which further decisions will be made about them." The
Abdorrahman Boroumand Foundation for the Promotion of Human Rights and
Democracy in Iran (ABF)
strongly condemns the detention and treatment of these scholars by the
government of Iran.
During their detention, Esfandiari and Tajbakhsh have been denied the most
basic rights granted to detainees under international law. Further, based on
the Deputy Prosecutor's statement, they may be under pressure by the Iranian
authorities to provide them with written confessions. Self-incriminating
confessions obtained under such circumstances cannot be considered as evidence
against them. Rather, they underline the Islamic Republic's routine violation
of basic due process, including abuse of solitary confinement practices and
prolonged interrogations that facilitate torture and ill-treatment in detention*.*
ABF has collected testimonies, documents, interviews, and human rights reports
attesting to the fact that the security and judicial authorities practice
widespread and consistent use of torture to extract videotaped or signed
confessions. In the case of high profile detainees, these confessions have been
broadcast on television. Confessions extracted to validate charges of espionage
for foreign countries or vaguely-worded charges accusing detainees of
activities against the Islamic Republic are often pretexts to silence critics
of the government. (See Ali Afshari 2005, Roya Toloui 2006, Ayatollah Seyed Hossein Kazemeini Boroujerdi
2007. See also /Tortured Confessions)/
The Iranian authorities not only use coerced confessions for political
purposes, but they also do so in politically motivated as well as criminal
cases /simply to make up for missing
evidence/.
From the inception of the Islamic Republic, judges have convicted and sentenced
to death detainees charged with political, religious, sexual or other offenses,
solely based on such forced confessions. Scores of prisoners have been executed
for refusing to confess or recant their beliefs in a televised confession. Over
the years, former prisoners, victims' relatives, and human rights organizations
have repeatedly reported the torture of detainees in Iran
and the use of coerced confessions against defendants by Iranian judicial
authorities. (See Amnesty International, 1985, /Newsletter;/
Human Rights Watch, 2004, /Like the Dead in
their Coffins/.)
Razieh Fuladi (1980), one of the many victims of the
government's morality campaign, was executed after being flogged and forced to
confess to adultery. Mohseni
Kabiri (1981), incarcerated along with thousands of other leftist political
prisoners, confessed to being an apostate before being executed. Abbas
Ra’isi (1988), another Marxist political prisoner,
was executed for not agreeing to recant his beliefs in a televised confession. Feyzollah Mekhoubad
(1994), an active member of the Iranian Jewish community, was executed in spite
of his reported attempt to retract the confession he had made under torture. Helmut
Szimkus, a German citizen who was held for more than 5 years (1989-1994) in
the Evin prison on charges of spying, reported having been gravely tortured and
having witnessed many other cases of torture aimed at extracting confessions
during his detention. In response to the UN inquiries regarding Mr. Szimkus's
allegations, the Iranian government referred to the latter's confession as
proof of his guilt (UN 1995 Report on
the Situation of Human Rights in the Islamic Republic of Iran).
These stories – a handful among thousands – as well as the reports on the
treatment of Haleh Esfandiari and Kian Tajbakhsh bring to light the systematic
denial of detainees' right to due process of law. This denial is facilitated by
laws and procedures that govern detention and interrogation in the Islamic
Republic and calls into question the judiciary’s process of establishing detainees’
guilt. As long as the Iranian government does not introduce necessary legal and
practical measures to prohibit torture and grant detainees their basic human
rights, the practice of coercing confessions will recur, sadly, in Iran-related news
and flaw the Islamic Republic's judicial process.
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