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

Asghar Mohkami

About

Age: 33
Nationality: Iran
Religion: Islam
Civil Status: Married

Case

Date of Execution: November 4, 1982
Location: Tehran, Tehran Province, Iran
Mode of Execution: Shooting (extrajudicial)
Charges: Unspecified anti-revolutionary offense

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 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 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 union 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.

    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

  • 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.

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 1Article 2%viol_ctcidp_2%.

About this Case

Mr. Asghar Mohkami is one of the 12,028 individuals listed in an addendum to the Mojahed magazine (No 261), published by Mojahedin Khalq Organization (MKO) on September 6, 1985. The list includes individuals, affiliated with various opposition groups, who were either executed or killed during clashes with the Islamic Republic security forces from June 20, 1981 to the publication date of the magazine.

Additional information about Mr. Mohkami was sent to the Boroumand Foundation through an electronic form by a person familiar with this case. According to this information, Mr. Mohkami was born in Kangavar in 1949. He was married and had a son. Mr. Mohkami graduated from Tehran University with a philosophy major and used to be a teacher before being expelled. He was a sympathizer of the MKO and a political prisoner during the Pahlavi regime.

The following information about Mr. Mohkami came from the MKO website. According to this website, Mr. Mohkami was active in MKO public relations, the Taleqani publications, street discussions and proselytization. He participated in the MKO meetings and chanted slogans before speeches. Mr. Mohkami went underground after the June 20, 1981 demonstration* and was on his way to Kordestan province to a new MKO mission when he was killed. According to this website, on November 4, 1982, while visiting his aunt’s house, around the Fourth Square of Tehran Pars, Mr. Mohkami was identified and shot to death by the members of the Revolutionary Guards.

Mr. Asghar Mohkami’s name is in Omid along with victims of violations of human rights by the Islamic Republic of Iran, because in 1981 and 1982 there were numerous cases where the government agents shot at unarmed individuals as they attempted escape and caused their death.

The 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.

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 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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* The demonstrations on June 20, 1981, took place to protest the Parliament’s efforts to dismiss President Banisadr, it’s rejection of the Mojahedin Khalq Organization’s candidates as well as it’s prohibition of that group to participate in politics. They also protested Ayatollah Khomeini’s opposition to meet with Mojahedin and his insistence for their disarmament. The Mojahedin Khalq Organization had supported the leadership of Ayatollah Khomeini and tried to be a part of the new political system until June 20, 1981. On that day, they changed their policy and tried to overthrow the regime by organizing mass demonstrations throughout the country. These demonstrations were severely suppression resulting in the killing of dozens and a wave of mass arrests that went on for months. The intensity of the suppression was unprecedented in the history of the Islamic Republic and became the official policy of the government.

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