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 About
Age — Nationality Iran Religion Presumed Muslim Civil status — Education university diploma Occupation teaching professional Rank/Position — Affiliation armed group
Case Date of execution August 21, 1979 Location Paveh, Iran Mode of execution shooting Charges Armed rebellion against the Islamic Republic; Corruption on earth; War on God, God's Prophet and the deputy of the Twelfth Imam About this Case
The execution of Mr. Bahman Ezzati and 8 other individuals was announced in the Kayhan newspaper on August 21, 1979. Information about this case has been gathered by the Boroumand Foundation from the book Sahifeh-ye Emam by Ayatollah Khomeini, volume 9, the book Ayam-e Enzava (Times of Solitude) by Ayatollah Khalkhali, the Kayhan newspaper, the report “The Demise of Sadeq Khalkhali” by Mansur Boluri (Iranian Political Bulletin, 30 November 2003), the report Murder at Mykonos published by the Iran Human Rights Documentation Center, as well as an electronic form sent to Omid. Mr. Ezzati was a member of the Kurdish Democratic Party of Iran (PDKI). He held a master’s degree in Literature from the Tehran University and taught at a high school.
Mr. Ezzati’s execution was part of a wave of executions that took place in order to combat the “anti-Revolutionary” elements in Kurdistan. Following the negotiations between the PDKI and the interim prime minister, several clashes occurred, at times armed, between the Revolutionary Guards and the peshmerga (the militia of the PDKI) particularly in the cities of Sanandaj (Kurdistan province) and Paveh (Kermanshah province). These intensifying conflicts between the new central Shiite government of Iran and the mainly Sunni province of Kordestan concerned the role of minorities in the drafting of the constitution, specification of Shiite as the official state religion, and particularly the autonomy of the region.
Subsequent to conflicts that resulted in some casualties, on August 18, 1979, Ayatollah Khomeini issued an order to the military and the armed forces to “move to Paveh and end the fighting…” In the same order, he encouraged them to use force and threatened that: “if they do not move toward Paveh within 24 hours with missiles and tanks and all necessary arsenals, I will hold them accountable. And in case of any infringement of this order, I will treat them in a Revolutionary manner” (Sahifeh-ye Emam, p. 285). On August 19, Ayatollah Khomeini called the PDKI the “party of Satan” and declared it “unofficial and illegal” noting that some of these “anti-Islamic” individuals had boycotted the referendum of April 1, when people went to polls to vote for or against the Islamic regime (ibid p. 311).
In accordance with Khomeini’s order, Ayatollah Sadeq Khalkhali traveled the western region of Iran and told a reporter from the Ettela’at newspaper: “I will visit all areas of Kurdistan… and will bring to justice anybody who was involved in these bloody plots” (Times of Solitude p. 96). According to Mr. Boluri, Ayatollah Khalkhali condemned at least 58 Kurds to death in the span of 10 days. Mass executions and conflicts continued for many months in that region.
Arrest and detention
According to Ayatollah Khalkhali, Mr. Ezzati was arrested by the Revolutionary Guards near a hospital in Paveh. Whether or not he and other victims had visits with their families before execution is not known. However according to statements of Mohammad Ali Razizadeh, the religious judge in Kermanshah, it appears that authorities prohibited the families from visiting the prisoners: “I request the families to look after their children and watch for any anti-Revolutionary behavior or activity. [I also ask them] not to follow up with the cases of their children and let the Revolutionary Tribunals carry out their functions” (Kayhan August 23, 1979, p. 3).
Trial
According to Kayhan, “Ayatollah Sadeq Khalkhali… having visited the damaged parts of the city [Paveh] including a hospital, which was badly damaged by the attackers… examined the files of the offenders and after 14 hours of deliberation” he condemned 9 individuals to death, including Mr. Bahman Ezzati (Kayhan August 21, 1979, p. 2). Ayatollah Khalkhali calls this session a “Revolutionary summary trial” (Times of Solitude p. 95). Mr. Rezazadeh denied “the rumors of execution of leftists without trial” (Kayhan August 23, 1979, p. 3).
Charges
Ayatollah Khalkhali states that Mr. Bahman Ezzati was “one of the individuals who caused the death of Revolutionary Guards in the Paveh hospital” (Times of Solitude p. 96).
Evidence of guilt
Ayatollah Khalkhali mentions in his memoir that: “all the executed individuals… confessed during the interrogation that they had participated in the armed invasion of Paveh” (Times of Solitude p. 96). International human rights organizations have repeatedly condemned the government of the Islamic Republic of Iran for its systematic use of severe torture and solitary confinement to obtain confessions from detainees and have questioned the authenticity of confessions obtained under duress.
Defense
According to Ayatollah Khalkhali’s writings, Mr. Bahman Ezzati “defended his beliefs until his last breath” (Times of Solitude p. 96).
Judgment
Ayatollah Khalkhali condemned Mr. Bahman Ezzati to death. He charged Mr. Ezzati and 8 other individuals with “corruption on earth, and being at war with God and his prophet” (Kayhan August 21, 1979, p. 2).
According to Ayatollah Khalkhali, some of the residents of Paveh came to him and asked him for amnesty. He replied: “amnesty can be issued only by the leader of the Revolution [Ayatollah Khomeini]” (Times of Solitude p. 97).
Mr. Bahman Ezzati was executed by a firing squad on August 21, 1979 in the same location where Revolutionary Guards had died.
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Human rights violations in this caseThe legal context
Read about the courts, the judges, and the procedure. The courts
Special courts, known as the Islamic Revolutionary Tribunals, were set up after the February 1979 revolution. Their jurisdiction encompasses a wide array of offences ranging from association with or support of the former regime, promotion of foreign influence, and enmity with the revolution to possession, use or sales of narcotic drugs, murder, and profiteering. In the 1980s, a penal court, presided over by one judge, was created to handle some of the offenses punishable by death, such as theft or adultery. These tribunals’ decisions must be confirmed by a chamber of the Supreme Judicial Council.
The judges
Prosecutors and judges are not necessarily jurists. By 1981, the judiciary was purged of judges trained in law schools. They were replaced by seminary graduates and students, as well as by political appointees (an estimated 2000 by 1989). Since by law judges are only required to have a high school diploma and must be faithful to the Islamic Republic’s tenets, new recruits often have little formal training in the law and are chosen because of their political affiliation.
The procedure
The procedures of these ecclesiastical tribunals fail to meet the minimum guarantees for fair trial as established by international human rights instruments and by sha’ria (the Islamic system of law). In addition to executions ordered by revolutionary tribunals, extra-judicial executions are carried out, targeting dissidents and opposition leaders. In some cases, both inside and outside of Iran, these executions have been traced back to Iranian officials. It is, however, not known if in these particular cases trials are held in absentia.
Sources (Among others): Amnesty International, Law and Human Rights in the Islamic Republic of Iran, February 1980; Lawyers' Committee for Human Rights, The Justice System of the Islamic Republic of Iran, 1992; E/CN.4/1989/26 p.14; UNCHR, Resolution 1984/54 , Abolition of Torture - Iran - 1; 28 November 1984; Report on the human rights situation in the Islamic Republic of Iran by the Special Representative of the Commission, Mr. Reynaldo Galindo Pohl, 28 January 1987. Amnesty International, A SHOCKED WORLD WATCHES IN DISBELIEF, VIOLATIONS OF HUMAN RIGHTS, 1987-1990. Memoirs of Ayatollah Khalkhali, religious judge and former head of revolutionary tribunals (2001), and Ayatollah Montazeri, dismissed successor to Ayatollah Khomeini (2001). UNCH, E/CN.4/1994/50, Final report on the situation of human rights in the Islamic Republic of Iran prepared by the Special Representative of the Commission on Human Rights, Mr. Reynaldo Galindo Pohl, pursuant to Commission resolution 1993/62 of 10 March 1993 and Economic and Social Council decision 1993/273. E/CN.4/1994/50, 2 February 1994.
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 close... Detentions, interrogations, and trials: 1979-1980
Read about the conditions in which individuals were detained, tried and sentenced. Pre-trial detentions
The charges upon which the accused were arraigned were often extremely broad. Defendants generally had no access to legal counsel nor to their file and the evidence against them prior to the trial.
Trials
Witnesses might be called, or the statement of persons with relevant information read into the court’s record. Accusation witnesses could come forward the day of the trial to give evidence against the accused, but in most cases, defense witnesses were not allowed in court. There was no automatic right of a defendant to cross-examine witnesses or to know the source of the evidence against him. The defendant had an opportunity to state his side of the matter and attempt to refute what was said against him, but the final decision was solely up to the discretion of the religious judge.
Appeal processes
The judgments of the Revolutionary Courts were not subject to appeal. The convicts were generally executed within a few hours of the judgment.
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close... Based on the available information, some or all of the following human rights may have been violated in this case:
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The right to liberty and security of the person. The right not to be subjected to arbitrary arrest and detention.
Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 9.1.
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The right to freedom of thought, conscience, and religion, including the right to change and manifest one’s religion or belief.
UDHR, Article 18; ICCPR, Article 18.1, ICCPR, Article 18.2;
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Article 1 and Article 6.
In its general comment 22 (48) of 20 July 1993, the United Nation’s Human Rights Committee observed that the freedom to "have or to adopt" a religion or belief necessarily entailed the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views, as well as the right to retain one's religion or belief. Article 18, paragraph 2, of the International Covenant on Civil and Political Rights bars coercion that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to religious beliefs and congregations, to recant their religion or belief or to convert.
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The right to freedom of opinion and expression, including the right to hold opinions without interference and to seek, receive and impart information and ideas.
UDHR, Article 19; ICCPR, Article 19.1 and ICCPR, Article 19.2.
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The right to freedom of association with others, including the right to form and join trade union for the protection of one’s interests. UDHR, Article 20; ICCPR, Article 22.1.
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The right, as a member of a religious or ethnic minority, to enjoy one’s own culture or to profess and practice one’s own religion.
UDHR, Article 18; ICCPR, Article 27.
The right to due process
Pre-trial detention rights
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The right to know promptly and in detail the nature and cause of the charges against one.
UDHR, Article 9(2); ICCPR, Article 9.2 and Article 14.3.a
The right to counsel of one’s own choosing or legal aid and the right to meet with one’s attorney in confidence
ICCPR, Article 14.3.d;
Basic Principles on the Role of Lawyers, Article 1 , Article 2, Article 5, Article 6, and Article 8. -
The right to adequate time and facilities for the preparation of the defense case.
ICCPR, Article 14.3.b; Basic Principles on the Role of Lawyers, Article 8
The right not to be compelled to testify against oneself or to confess to guilt.
ICCPR, Article 14.3.g. -
The right not to be subjected to torture and to cruel, inhuman or degrading treatment or punishment.
UDHR, Article 5; ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1, and Article 2.
Trial rights
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The right to a fair and public trial without undue delay.
ICCPR, Article 9.3, Article 14.1, Article 14.3.c.
The right to examine, or have examined the witnesses against one and to obtain the attendance and examination of defense witnesses under the same conditions as witnesses for the prosecution. ICCPR, Article 14.3.e.
Judgment rights
The right to appeal to a court of higher jurisdiction.
ICCPR, Article 14.5. -
The right to seek pardon or commutation of sentence.
ICCPR, Article 6.4.
The right not to be tried or punished again for an offence for which one has already been convicted or acquitted.
ICCPR, Article 14.7.
Capital punishment
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The inherent right to life, of which no one shall be arbitrarily deprived.
Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 6.1; Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty, Article 1.1, Article 1.2.
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The right not to be subjected to cruel, inhuman or degrading punishment.
ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.
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