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 About
Age — Nationality Iran Religion Presumed Muslim Civil status — Education — Occupation professional Rank/Position — Affiliation Private business
Case Date of execution August 7, 1980 Location Evin Prison, Tehran, Iran Mode of execution shooting Charges Corruption on earth; Plotting to overthrow the Islamic Republic; War on God, God's Prophet and the deputy of the Twelfth Imam; Working with or for a foreign power About This Case
The execution of Mr. Hasan Abedini, a cab driver, and 12 others convicted of participation in an unrealized coup d’etat plan known as Noje was declared in a communiqué of the Public Relations of the Islamic Revolutionary Public Prosecutor’s central office. The communiqué was published in the Jomhuri Eslami daily (August 7, 1980).
In his 07/19/1980 indictment (published in the Enqelab Eslami and Jomhuri Eslami dailies, July 20, 1980), the public prosecutor provided the following “necessary explanation” about some other participants of this coup d’etat that was never put to practice: “This conspiracy is not a single incident and these conspirators cannot be considered ordinary convicts. These are criminals who have undermined the newly-found truth, honor, and dignity of a liberated umma [community of Muslim people]. Considering that and by consulting the holly verses of the Koran regarding the punishment of the ‘rebel’ against the Islamic sovereign, it is imperative that the convicts receive their punishment according to the Shari’a law.”
Arrest and detention
No information is available on the circumstances of Mr. Abedini’s arrest and detention.
Trial
According to this communiqué, the First Branch of the Islamic Revolutionary Tribunal of the Center held sessions from 08/04/1980 to 08/06/1980 to examine the cases of these thirtheen defendants.
Charges
No individual charges were specified for Mr. Abedini. Collectively, the defendants were charged with “rebellion against the just Imam and the Islamic Republic of Iran” and “enjoying assistance from such powerful supporters as America and Israel.”
The public prosecutor’s 07/19/1980 indictment reads as follows regarding some other participants of this coup d’etat plan: “These enthusiasts of the Shah’s rotten, filthy, and reactionary regime, these supporters of the blood-thirsty American imperialism, had in mind to bring ‘American social democracy’ as a gift to the liberated people of Iran. They had in mind to re-asses the opinion of our heroic nation about the return of the royal system through a referendum […].”
Evidence of guilt
The communiqué did not provide any specific information on the evidence presented against the defendants.
Defense
The communiqué indicated that the accused’s defense was heard, but provided no further specific information.
Judgment
The First Branch of the Islamic Revolutionary Tribunal of the Center declared Mr. Abedini a “corruptor on earth” and an “enemy of God and his prophet” and sentenced him to death. He was executed at 1 a.m., within hours since his trial.
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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, the following human rights have been violated in this case:
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.
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.
The right to due process
The right to be presumed innocent until found guilty by a competent and impartial tribunal in accordance with law. ICCPR, Article 14.1 and Article 14.2.
Pre-trial detention rights
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 the right to legal aid. The right to communicate with one’s own attorney in confidence ICCPR, Article 14.3.b and Article 14.3.d; Basic Principles on the Role of Lawyers, Article 1, Article 2 Article 5, Article 6, Article 8.
The right to adequate time and facilities for the preparation of the defense case. ICCPR, Article 14.3.b.
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. ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.
Trial rights
The right to a fair and public trial without undue delay. ICCPR, Article 14.1, Article 14.3.c.
The right to defense through an attorney or legal aid. The right to examine, or have examined, the witnesses against one, and the right to obtain the attendance and examination of witnesses on one’s behalf under the same conditions as prosecution witnesses. ICCPR, Article 14.3.d and Article 14.3.e.
The right to have the decision rendered in public. ICCPR, Article 14.1.
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.
Judgment rights
Capital punishment
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.
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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