Omid, a memorial in defense of human rights in Iran
One Person’s Story

Babak Ghadiri

About

Age: 26
Nationality: Iran
Religion: Non-Believer
Civil Status: Married

Case

Date of Execution: October 10, 1984
Location: Karaj, Tehran Province, Iran
Mode of Killing: Shooting (extrajudicial)
Charges: Unspecified counter-revolutionary offense
Age at time of offense: 26

Human rights violations in this case

Extrajudicial killings


Since the inception of the Islamic Republic of Iran in 1979, national and international human rights organizations have blamed the Islamic Republic authorities for the extrajudicial killing of their opponents, both within and outside of Iran's borders. Although over two hundred cases have been reported, the exact number of victims remains unknown.

Extrajudicial executions carried out in Iran are rarely investigated; the few cases that have been investigated have indicated that the Iranian state security apparatus has been involved. Agents of the Islamic Republic have also targeted dissidents outside the country, assassinating opposition members in Asia, the Middle East, Europe, and in the United States,.

In many assassination cases outside Iran, local authorities have made no arrests. However, investigations, when they have taken place and been made public, have led to the single hypothesis of State ordered crimes. The organization and execution of these crimes constitute a pattern that Swiss prosecutor Roland Chatelain describes as “common parameters” following a “meticulous preparation.” Similarities between different cases in different countries have created a coherent set of presumptions designating the Islamic Republic as the instigator of these assassinations.

 

In cases involving prominent Iranians assassinated in France, Germany, and Switzerland, local prosecutors have provided evidence linking Iranian authorities to the crimes in question.

 

In France, for example, the Iranian Deputy Minister of Telecommunications has been sentenced to life imprisonment for his involvement in the 1991 murder of two dissidents. In Germany, agents of Iran's secret services and Lebanese Hezbollah have been convicted for the 1992 murder of four dissidents in Berlin. Currently, the Islamic Republic's Minister of Information and Security at the time of this murder is under an International arrest Warrant launched by German judicial authorities for his involvement.

 

The German court in Berlin found that Iran's political leadership ordered the murder through a "Committee for Special Operations," whose members reportedly include the Leader of the Islamic Republic, the President, the Minister of Information and Security, and other security officials.



The Islamic Republic’s officials have claimed responsibility for some of these assassinations while denying involvement in others. In the 1980s, Iranian authorities justified extrajudicial executions of dissidents and members of the former regime and actively worked for the release of Iranians and non-Iranian agents who were detained or convicted in the West for their involvement in those killings. During the 1990s, they systematically denied any involvement in extrajudicial killings and often credited the killings to infighting amongst the opposition.

 

Still, the rationale supporting these killings was articulated as early as in the spring of 1979 when the First Revolutionary religious judge publicly announced the regime's intention to carry out extrajudicial executions. He said:

 

“no state has the right to try as a terrorist the person who kills [exiles] in foreign lands, for this person is implementing the verdict issued by the Islamic Revolutionary tribunal.”

 

More than a decade later, in August, 1992, the Minister of Intelligence and Security publicly boasted about the success of Iran's security forces, alluding to the elimination of dissidents:

 

"We have been able to deal blows to many of the mini-groups outside the country and on the borders...."

Human rights violations

Based on the available information, the following human rights may 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 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.

  • The right not to be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation.

UDHR, Article 12, ICCPR, Article 17.1.

  • 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 peaceful assembly.

UDHR, Article 20; ICCPR, Article 21.

  • 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, 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 equality before the law and the right to equal protection of the law.

UDHR, Article 7; ICCPR, Article 26.

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 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

  • 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
  • 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.

About this Case

Mr. Ghadiri was only 26 years old. He became a political activist hoping to improve his society; however, he was shot and killed by arresting agents without having a chance to be tried and defend himself. 

Information about Mr. Babak Ghadiri, son of Sajad, has been drawn from two interviews with his relatives. Additional information has been sent to Omid via an electronic form by a person familiar with this case. He is one of hundreds of individuals who were extra-judicially executed since the 1979 revolution.

Mr. Ghadiri was born in Tehan in 1958 and studied at the Iranian Banking Institute, majoring in business. He was married with one son. He started his political activism against the monarchy when he was a commerce student and soon became interested in the labor movement. He liked to hike in the mountains and was a members of the Hikers’ Society. He was also a founding member of the Razmandegan Organization. According to his relatives, he was kind, creative, and supportive to others.

The Razmandegan Organization for the Liberation of the Working Class was founded in the winter of 1979. Its activities were focused on the working class and factories. The founding tenets of Razmandegan included the rejection of armed struggle and a strong stand against the pro-Soviet policies of the Iranian Tudeh Party. It viewed the Soviet Union as a “Social imperialist” state and believed that China had deviated from the Marxist-Leninist principles. Razmandegan was among the groups that became known as Khat-e Se (Third line). By early 1981, disagreements over the Party’s position on the Iran-Iraq war caused internal splits in Razmandegan. These splits, which coincided with the massive and brutal repression of dissidents by the Iranian government, caused the organization to disband.

Arrest and detention

According to the interviewees, on October 10, 1984, when the government agents ambushed Mr. Ghadiri’s house to arrest him, he attempted to escape from the yard. However, the agents shot him. He fell into the empty pool and died quickly. He was not carrying any arms at the time of his attempted escape. His wife and 5-year-old son witnessed this incident. Agents arrested them. Mr. Ghadiri’s son was released after a few days, but his wife was detained for six months.

According to a relative of Mr. Ghadiri, a political activist couple who commuted to their house, had been arrested and revealed their location under torture.

Trial

Mr. Ghadiri was not summoned before a court, and no public trial was held in this case.

Charges

No specific charges were legally brought against Mr. Ghadiri.

Evidence of guilt

The report of this execution does not contain information regarding the evidence provided against Mr. Ghadiri.

Defense

Mr. Ghadiri was not given the opportunity to defend himself in a court of law before being killed.

Judgment

No information is available about a ruling leading to Mr. Babak Ghadiri’s death. According to his relatives, the family was not allowed to have any mourning ceremony. They were only informed of his burial location at the Behesht-e Zahra cemetery in Tehran after a year. 

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