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 About
Age 66 Nationality Iran Religion — Civil status Married Education none Occupation unspecified occupation Rank/Position — Affiliation no political affiliation
Case Date of execution 1980 Location Qasr Prison, Tehran, Iran Mode of execution hanging Charges Drug trafficking About this Case
The information regarding Mr. Habibollah Irvani has been drawn from an electronic form sent to Omid by an individual familiar with this case. Mr. Irvani was born in Tehran in 1914 and worked as an entertainer for weddings and parties, acting in “ruhozi” plays. He was married with children. The sender of the form remembers Mr. Irvani as gentle, simple, and sincere.
“Ruhozi” (“over-the-pool”) theatre has roots in Iranian urban culture. It was generally performed at celebrations and weddings. The actors put wooden planks over the pool in the yard so that the audience can better see the stage. One of the characteristics of this genre of theatre is improvised lyrics about social issues, at times critical of social problems, accompanied by rhythmic music and dance. Today this genre of music is on the verge of extinction.
Arrest and detention
The exact circumstances of Mr. Irvani’s arrest and detention are not known. He was arrested in his house on Molavi Street in Tehran and detained in Qasr prison.
Trial
There is no information regarding this trial, other than the accused was tried by Ayatollah Khalkhali.
Charges
Mr. Irvani was charged with “international drug trafficking”.
The validity of the criminal charges brought against this defendant cannot be ascertained in the absence of the basic guarantees of a fair trial.
Evidence of guilt
According to the electronic form, there was no evidence to prove the alleged charge.
Defense
No information is available concerning Mr. Irvani’s defense. The sender of the electronic form states that “Mr. Khalkhali did not understand the word ‘defense.’” This individuals asserts the reasoning behind the sentence was that such “minstrels” would spread “debauchery and corruption” and should be eradicated. The sender of the form goes on to say that Mr. Irvani was falsely charged with international drug trafficking even though he would sometimes get lost traveling through Tehran. The sender of the form emphasizes that Mr. Irvani was not wealthy and lived in a “rented shanty”, and was condemned to death solely for his profession.
Judgment
No specific information is available about the verdict leading to this execution. According to the form, one day very early in the morning, Mr. Irvani felt very cold in prison and asked for a blanket. The prison guard left and returned a few minutes later and said that the judge wanted Mr. Irvani to go and fetch a blanket. Mr. Irvani followed the guard into the prison yard. The religion judge was waiting outside and told the jailer to bring a rope to warm up the prisoner. Mr. Iravni was hanged in Qasr prison in 1980.
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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 not to be punished for any crime on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time it was committed.
UDHR, Article 11.2; ICCPR, Article 15, Article 6.2.
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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.
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
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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