Abdorrahman Boroumand Center

for Human Rights in Iran

https://www.iranrights.org
Omid, a memorial in defense of human rights in Iran
One Person’s Story

Farahmand Sadeq Vaziri

About

Age: 43
Nationality: Iran
Religion: Non-Believer
Civil Status: Married

Case

Date of Killing: July 6, 2003
Location of Killing: Salmas Prison, Salmas, Azarbaijan-e Gharbi Province, Iran
Mode of Killing: Death in custody
Charges: War on God; Unspecified economic offense

About this Case

Was kind to his family, friends, acquaintances and neighbours. He decided to leave Iran when he realized that his children were subjected to social discriminations because of their parents' political background.

The information on Mr. Farahmand Sadeq Vaziri, son of Mozafar, is based on forms and documents sent to Abdorrahman Boroumand Foundation by his wife, Mahin Shokrollahpour. These documents consist of an affidavit by Sonbol Sadeq Vaziri, Farahmand's sister, a burial licence, and a copy of verdict number 82/5/21 -710 and 82/8/21-711, issued by Ali Hasanzadeh, head of Bench 5 of the Public Court of Salmas, concerning charges related to Mr. Sadeq Vaziri and his family.

Mr. Sadeq Vaziri was born in 1959 in Sanandaj (in Iranian Kurdistan province). He had a diploma of higher education and worked as a businessman in Tehran and Sanandaj. His relatives have described him as a caring and self-giving person who was kind to his family, friends, acquaintances and neighbours. He took pleasure in making everyone happy... And he always fulfilled his promises. Ever since he was a young man he was unhappy with social class inequalities. And for that reason, during the [1979] Revolution, he joined the anti-monarchy opposition movement.

At the time of the revolution, Farahmand was a 19-year-old military conscript. In the late summer of 1979, when the revolutionary government forces' attacked Sanandaj, he joined the armed opposition groups to defend the city and its population. But finally, after 25 days of resistance, he was forced to flee the city and head for the mountains alongside the armed opposition forces. And that was when he joined the Komala Peshmarga group, under the organizational name of Sa’id. He fought in the resistance for some eight years, away from his family.

Mr. Sadeq Vaziri was first arrested in 1987 during a mission in Sanandaj. According to the testimony of his sister, before arresting his brother, security forces put pressure on and interrogated Farahmand's family in order to discover his whereabouts. The security forces occupied their home for a week. They even beat up his father in the basement of their house. According to the testimony of his relatives, Farahmand was subjected to intense beatings and torture following his arrest. The Revolutionary Court of Sanandaj first sentenced him to death on charges of acting against national security, moharebeh [waging war against God] and armed struggle; but subsequently, thanks to the efforts of his family, which, among others, included payment of bribes to the authorities, his sentence was reduced to a 30-year prison term on the grounds that he was not armed at the time of his arrest. After a spell of three-and-a-half years in jail, Mr. Sadeq Vaziri was granted amnesty along with the survivors of the 1988 prison massacres, and released from prison.

After release from prison, Mr. Sadeq Vaziri and his wife decided to abandon political activities and lead a normal life devoted to their children Puya and Helya. However, they were not given the chance to lead a normal life because of the security and social pressures exerted on former political prisoners. Based on the testimony of Ms Shokrollahpour, who herself was a former Komala member, they were both barred from continuing their education upon release from prison. Nor were they allowed to work in government organizations. Although these social deprivations were not formally communicated to Mr. and Mrs. Sadeq Vaziri, they could not escape the realities of such deprivations in their day to day lives. The justification given for such deprivations was that they were on the list of political offenders. In that regard, Mrs Shokrollahpour has said: "We could not even purchase a house or car in our names. To do so, we needed a permit from the intelligence unit of the [Islamic Revolution] Guards Corps. So in order to buy a car at that time, we were forced to apply for a permit from the Intelligence [Ministry]. Nor could we obtain a passport to leave Iran."

Mr. and Mrs. Sadeq Vaziri decided to leave Iran when they realized that their children were subjected to social discriminations because of their parents' political background. In that regard, Mrs. Sadeq Vaziri has written the following: "My son Puya had come first in the billiard competition in the province. But because of our political background, he was barred from taking part in the national competition. Also, my daughter Helya had come first in the province's swimming and mathematics competitions, but, again, she too was barred from entering the national competitions. So we decided to leave [the country] because it was affecting the lives of our children who had had no part in our political activities."  Mrs. Sadeq Vaziri added that her children were barred from taking part in national competitions without being given any reasons. "In fact, the runners-up in the aforementioned competitions were entered into the national ones instead of our children." The Sadeq Vaziri family decided to leave Iran secretly in June 2003. 

About Komala

In the mid 1960’s, several remaining members of the Kurdistan Democratic Party of Iran established the Revolutionary Organization of this party in Iraq. Among its leaders were Esma’il Sharifzadeh, Abdollah Mo’ini, and Mola’avareh, who began an armed guerrilla struggle in Kurdistan inspired by the Cuban Revolution. The group was defeated in 1969 and several of its members arrested. With the release of a number of the leaders in 1978, the Revolutionary Organization of Working People in Kurdistan (Komala) was established. After the Revolution, in accordance with Marxist theory, Komala opposed capitalists and landlords, and encouraged workers and peasants in Kurdistan, in particular in the city of Sanandaj and vicinity where they had strong support, to initiate an armed uprising against capitalists, landlords, and the central government. In 1982, Komala joined another Marxist group, Union of Communist Militants (formerly Sahand), an organization concentrating mainly on theory and ideology, and established the Communist Party of Iran. Komala subsequently adopted the name “The Kurdistan Organization of the Communist Party of Iran, Komala.” By the mid-1980s the central government had succeeded in pushing Komala fighters out of Kurdistan and into northern Iraq. Years later, Komala split from the Communist Party of Iran and faced several schisms, each continuing to use the name Komala. 

Arrest and detention

Mr. Farahmand Sadeq Vaziri was arrested by the Guards Corps in the village of Khorkhoreh, near Salmas, at 11 am on 27 June 2003 as he and his family were about to leave the country. He was interrogated and subjected to torture, first in Salmas city's security forces' intelligence building and subsequently in Salmas Prison. During his detention, he was barred access to an attorney and prevented from receiving family visits.

In the words of Mrs. Sadeq Vaziri's wife, their persecution by the authorities started after they were detained and an identity check revealed their political record. First they isolated Farahmand from his family, taking him to an undisclosed location. His wife and two children were kept in the hallway until the next morning, during which time Mrs. Sadeq Vaziri was handcuffed to her 16-year-old son.

The next day, Mr. and Mrs. Sadeq Vaziri were subjected to interrogation. Mrs. Sadeq Vaziri caught a glimpse of her husband as they were taking him for interrogation.  She said, "Farahmand looked to be in a very bad physical state, with signs of beatings visible on his face. His face was totally bruised." The agents did not allow the couple to talk to one another. In the following days, the signs of torture could be visibly seen as he returned to the cell he shared with his son after interrogation. On the fifth day of their detention, Mrs. Sadeq Vaziri who was being taken by the agents for interrogation, saw her husband as he was being returned to his cell by the agents following interrogation.

"I saw the weakened and fragile body of my husband in the prison courtyard. He was so weak that he was unable to walk and was taking steps with the aid of two people who were holding him up by his arms. His hands, which were bruised, looked odd and were hanging down by the sides of his body. I run towards him asking him what on earth they had done to him. But he did not even recognize me and just kept looking vaguely around." Forty-eight hours after that encounter, Mr. Sadeq Vaziri passed away. 

Trial

Mr. Sadeq Vaziri’s spouse has no information regarding her and her family’s trial. All the members of the Saedq-Vaziri family attended a single, few seconds long court session immediately after their arrest, prior to being interrogated. The court decision rendered by [the city of] Salmas General Court, Fifth Branch, is indicative of a trial session having taken place in absentia and at an unknown date, in order to hear the charges brought against the Sadeq Vaziri family. The Court decision serial number shows the date as August 12, 2003. However, there is no court date mentioned in the transcript, nor is there an official date of issuance of the court’s decision. 

Charges

The charges brought against Mr. Farahmand Sadeq Vaziri in the indictment are “unauthorized exit from the country’s prohibited borders,” “foreign currency trafficking (possession of 3,520 U.S. Dollars, 250 Euros, and 10 million Turkish Lira,)” and “constant membership in the Komala Party.” Based on Ms. Sadeq Vaziri’s testimony, in the course of interrogations, the interrogator had stated that all members of Komala should be executed. He had accused her and her husband of being “Mohareb, [one who wages war with God] and against the [Islamic] regime.” It should be noted that the same charges were brought against the 16-year-old Puya and 8-year-old Helia. 

Evidence

The court decision refers to the following as evidence presented against Mr. Farahmand Sadeq Vaziri: Being arrested at an unknown person’s residence in a village near the border which has been a location used for “unauthorized exit” and “human trafficking;” the statements of the accused confirming their intent to leave the country; “and other objects and instruments discovered, which collectively point to preparation for unauthorized exit from the country.” 

Defense

Not only have Mr. Farahmand Sadeq Vaziri, his spouse, and his children been deprived of an attorney, they have also been denied the right to be present at their own trial and to defend themselves against the charges brought against them. These charges are the same for both Mr. and Mrs. Sadeq Vaziri. The latter notes, therefore, in her testimony, that the government’s illegal discriminatory practices, deprivation of the accused of their undeniable social freedoms, and the pressure put on them because of their past political activities, for which they had been incarcerated, were the causes of their decision to leave the country. Seeking out the services of a human trafficker had no other reason than the accused being illegally deprived of having a passport and of the natural and inalienable right to freedom of movement. 

A Summary of the Legal Defects in the Adjudication of Mr. Farahmand Sadeqi Vaziri’s Case

According to available information, including the court decision, Mr. Vaziri died at the detention center. The court issued a non-prosecution order based on the fact that the family had not brought a complaint and had not allowed an autopsy of Mr. Vaziri’s body. It must be noted that, first, there was no need for a complaint by the family to be lodged in order [for the authorities] to look into the case: The private aspect of murder comes into play, and requires the family’s complaint, only for purposes of Qesas (“retribution”) and award of Diah (“blood money”); the public aspect of murder, however, [that is, for the government (the people) to prosecute the person who has committed the crime,] there is no need for a private plaintiff [for instance, the next of kin, the family in this case] to lodge a complaint. In this situation, the family’s consent to conduct an autopsy was not necessary either, since in cases of this kind, judicial authorities invariably order an autopsy even if the next of kin do not consent to one being conducted. There was a very low probability that the defendant could have died of natural causes, given the fact that he was a young man. The court stated in its decision that Mr. Vaziri had an internal illness but did not provide any details as to what his previous illness was and what connection there was between said illness and his death. In other words, if Mr. Vaziri had died due to illness, surely his treatment records prior to his arrest could have been found and obtained. A court cannot find that death has occurred due to natural causes and due to illness without ordering an autopsy [to actually determine the cause of death] and/or without examining the deceased’s [medical] treatment record and documents. Therefore, given the arguments presented in the court decision, the issuance of a non-prosecution order was completely contrary to legal standards.

Judgment

Noting Mr. Sadeq Vaziri’s death in detention, the Salmas General Court, Fifth Branch, has issued a writ of nolle prosequi  with regard to the charge of illegal exit from the country: “Whereas, based on the observations and statements of those accompanying him, [Mr. Sadeq Vaziri] had previously suffered from an internal illness, and whereas the honorable judge on duty at the Salmas Judiciary and the honorable coroner of Salmas, jointly examined various parts of the deceased’s body and did not observe any noteworthy … signs of intentional beating, and have also made mention of the previous illness as well as the next of kin’s unwillingness to conduct an autopsy, now therefore, aside from the next of kin not pressing any charges [of wrongdoing] (since the deceased was with his child [at the time of his passing] and his eyes rolled back for a moment in front of the child, which indicates that he died because of the internal illness and in a sudden manner (one of its five ways) and it was a normal and natural death,)… and since no other external factors were observed in the file by way of a crime … no crime has been committed and no one is accused of any crimes. In accordance with Article 177(a) of the Rules of Criminal Procedure, the Court issues a writ of nolle prosequi. The decision can be appealed … in person within 20 days from the date of notification [of the Court’s ruling.] Sixth, regarding the charge of constant membership and activity with the Komala Party against 1) Farahmand Sadeq Vaziri, 2) Mahin Shokrollahpur, his spouse, 3) Puya Sadeq Vaziri, and 4) Helia Sadeq Vaziri, regardless of the truth or falsehood of the charge and aside from defendant [Farahmand Sadeq Vaziri’s] death, whereas the Revolutionary Courts have jurisdiction [in these matters]… now therefore, the Court, in accordance with the Law of the Establishment of General and Revolutionary Courts, Article 5, declares itself without jurisdiction over the matter, determining the Revolutionary courts of [the city of] Sanandaj, competent to hear the case.”

According to the statements made by Mr. Farahmand Sadeq Vaziri’s spouse, he died in detention on July 6, 2003, about a week after his arrest. The cause of death has been stated as “unknown” in the burial permit issued by the Salmas Medical Examiner. It has also been stated therein, however, that “the honorable judicial authority has ordered the issuance of a burial permit (in the absence of criminal charges and given the lack of consent to perform an autopsy.)”

Mr. Sadeq Vaziri's wife has strenuously rejected claims by judicial authorities that those who were with Mr. Sadeq Vaziri had testified that he was suffering from an "internal illness." She has reiterated that her husband was only 43 years old and was not suffering from any ailments. She has also strongly rejected claims by interrogators that her husband did not have any signs of beatings, and has reaffirmed that she had herself witnessed the signs of beatings on the face and body of her husband when she saw him during their time in detention. Having seen her husband's body in the mortuary as they were about to wash it, she said, "My husband's entire body was covered in bruises. The bruises looked unnatural and suspicious. As I mentioned earlier, his body had lost its natural appearance. His face had also darkened." Mrs. Sadeq Vaziri also rejected claims by the judge that there had been no requests for an autopsy, noting that the judicial authorities had turned down her repeated requests for an autopsy to determine the cause of death. Regarding statement in the verdict stating that no complaints had been filed by his family, Mrs. Sadeq Vaziri noted that her family had done their utmost to secure her release and protect her children from the risk of any aggressive retaliatory acts by the authorities.  And since her family members did not believe that the responsible authorities would pay any attention to complaints by the victims, they had decided against filing any such complaints for the sake of protecting her and her two children and preventing the tension from escalation. Mrs. Sadeq Vaziri further noted that, at the time of her and her children’s release from prison, the body of her husband was returned to them and traveled with them in a car to Sanandaj, their hometown, 500km away from Salmas. “The authorities’ pressure on us was such,” she said, “that at midnight, when we arrived in Sanandaj, they ordered us to bury Farahmand at once. They had even picked a burial spot for him in the old part of Behesht Mohammadi Cemetery so that we would be out of sight and people could not gather around us. Yet, in spite of all these security precautions, many people joined us on our way to the cemetery, and a big crowd was waiting for us in the cemetery.”

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