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 About
Age 17 Nationality Iran Religion Islam Civil status Single Education — Occupation student Rank/Position — Affiliation armed group, Islamic revolutionary
Case Date of execution — Location Tehran, Iran Mode of execution shooting Charges — About this Case
Mr. Alireza Tabataba’i (Mojahedin Khalq Organization) is one of the 12028 individuals listed in an addendum to the Mojahed magazine (No 261), published by Mojahedin Khalq Organization in 1985. The list includes individuals, affiliated with various opposition groups, who were executed or killed during clashes with the Islamic Republic security forces from June 1981 to the publication date of the magazine.
The Mojahedin Khalq Organization (MKO) was founded in 1965. This organization adapted the principals of Islam as its ideological guideline. However, its members’ interpretation of Islam was revolutionary and they believed in armed struggle against the Shah’s regime. They valued Marxism as a progressive method for economic and social analysis but considered Islam as their source of inspiration, culture, and ideology. In the 1970s, the MKO was weakened when many of its members were imprisoned and executed. In 1975, following a deep ideological crisis, the organization refuted Islam as its ideology and, after a few of its members were killed and other Muslim members purged, the organization proclaimed Marxism as its ideology. This move led to split of the Marxist-Leninist Section of the MKO in 1977. In January of 1979, the imprisoned Muslim leaders of the MKO were released along with other political prisoners. They began to re-organize the MKO and recruit new members based on Islamic ideology. After the 1979 Revolution and the establishment of the Islamic Republic, the MKO accepted the leadership of Ayatollah Khomeini and supported the Revolution. Active participation in the political scene and infiltration of governmental institutions were foremost on the organization’s agenda. During the first two years after the Revolution, the MKO succeeded in recruiting numerous sympathizers, especially in high schools and universities; but its efforts to gain political power, either by appointment or election, were strongly opposed by the Islamic Republic leaders.
The exclusion of MKO members from government offices and the closure of their centers and publishing houses, in conjunction with to the Islamic Republic authorities’ different interpretation of Islam, widened the gap between the two. Authorities of the new regime referred to the Mojahedin as “Hypocrites” and the Hezbollahi supporters of the regime attacked the Mojahedin sympathizers regularly during demonstrations and while distributing publications, leading to the death of several MKO supporters. On June 20, 1981, the MKO called for a demonstration protesting their treatment by governmental officials and the government officials’ efforts to impeach their ally, President Abolhassan Banisadr. Despite the fact that the regime called this demonstration illegal, thousands came to the streets, some of whom confronted the Revolutionary Guardsmen and Hezbollahis. The number of casualties that resulted from this demonstration is unknown but a large number of demonstrators were arrested and executed in the following days and weeks. The day after the demonstration, the Islamic Republic regime started a repressive campaign – unprecedented in modern Iranian history. Thousands of MKO members and sympathizers were arrested or executed. On June 21, 1981, the MKO announced an armed struggle against the Islamic Republic and assassinated a number of high-ranking officials and supporters of the Islamic regime. *
Arrest and detention
The circumstances of this defendant’s arrest and detention are not known.
Trial
No information is available on the defendant’s trial.
Charges
The charge brought against the defendant is not known.
Evidence of guilt
The report of this execution does not contain information regarding the evidence provided against the defendant.
Defense
No information is available on Mr. Tabataba’i defense.
Judgment
There is no information on the verdict leading to this execution.
*In the summer of 1981, the leader of the MKO and the impeached President (Banisadr) fled Iran to reside in France, where they founded the National Council of Resistance. After the MKO leaders and many of its members were expelled from France, they went to Iraq and founded the National Liberation Army of Iran in 1987, which entered Iranian territory a few times during the Iran-Iraq war. They were defeated in July 1988 during their last operation, the
Forugh Javidan Operation. A few days after this operation, thousands of imprisoned Mojahedin supporters were killed during the mass executions of political prisoners in 1988. Ever since the summer of 1981, the MKO has continued its activities outside of Iran. No information is available regarding members and activities of the MKO inside the country.
In defense: In spite of the “armed struggle” announcement by the MKO on June 20, 1981, many sympathizers of the organization had no military training, were not armed, and did not participate in armed conflict.
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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... 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 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. 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 freedom of association with others, including the right to form and join trade unions for the protection of one’s interests.
UDHR, Article 20; ICCPR, Article 22.1.
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 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, and 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.
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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