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

Morteza Qanbari

About

Nationality: Iran
Religion: Presumed Muslim
Civil Status: Unknown

Case

Date of Killing: September 23, 1983
Location of Killing: Bakhtaran, Bakhtaran Province, Iran
Mode of Killing: Fatal
Charges: Drug trafficking

About this Case

The execution of Mr. Morteza Qabari, along with seven others, was reported in the Jomhuri Eslami daily on September 25, 1983.

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

Mr. Qabari was reported to be charged with 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. International human rights organizations have drawn attention to reports indicating that the Islamic Republic’s authorities have brought trumped up charges against their political opponents and executed them for drug trafficking, sexual, and other criminal offences. Thousands of alleged drug traffickers have been sentenced to death following judicial processes that fail to meet international standards. The exact number of people convicted based on trumped-up charges is unknown.

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. Qabari's defense.

Judgment

The Supreme Court of Qom confirmed Mr. Qabari’s death sentence. He was executed in Dizelabad Prison. But there is no information about the Tribunal which issued the sentence.

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%viol_udhr_3%; International Covenant on Civil and Political Rights (ICCPR), %Article 9.1%viol_iccpr_9.1%.

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%viol_iccpr_14.1% and %Article 14.2%viol_iccpr_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%viol_iccpr_9.2% and %Article 14.3.a%viol_iccpr_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%viol_iccpr_14.3.b% and %Article 14.3.d%viol_iccpr_14.3.d%; Basic Principles on the Role of Lawyers, %Article 1%viol_bprl_1%, %Article 2%viol_bprl_2% %Article 5%viol_bprl_5%, %Article 6%viol_bprl_6%, %Article 8%viol_bprl_8%.

    • The right to adequate time and facilities for the preparation of the defense case.

ICCPR, %Article 14.3.b%viol_iccpr_14.3.b%.

    • The right not to be compelled to testify against oneself or to confess to guilt.

ICCPR, %Article 14.3.g%viol_iccpr_14.3.g%.

    • The right not to be subjected to torture and to cruel, inhuman or degrading treatment.

ICCPR, %Article 7%viol_iccpr_7%; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, %Article 1%viol_ctcidp_1% and %Article 2%viol_ctcidp_2%.

Trial rights

    • The right to a fair and public trial without undue delay.

ICCPR, %Article 14.1%viol_iccpr_14.1%,

ICCPR, %Article 14.3.c%viol_iccpr_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 to obtain the attendance and examination of witnesses on one’s behalf under the same conditions as prosecution witnesses.

ICCPR, %Article 14.3.d%viol_iccpr_14.3.d% and %Article 14.3.e%viol_iccpr_14.3.e%.

    • The right to have the decision rendered in public.

ICCPR, %Article 14.1%viol_iccpr_14.1%.

Judgment rights

    • The right to appeal to a court of higher jurisdiction.

ICCPR, %Article 14.5%viol_iccpr_14.5%.

    • The right to seek pardon or commutation of sentence.

ICCPR, %Article 6.4%viol_iccpr_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%viol_udhr_3%; International Covenant on Civil and Political Rights (ICCPR), %Article 6.1%viol_iccpr_6.1%; Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty, %Article 1.1%viol_sopiccpr_1.1%, %Article 1.2%viol_sopiccpr_1.2%.

    • The right not to be subjected to cruel, inhuman or degrading punishment.

ICCPR, %Article 7%viol_iccpr_7%; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, %Article 1%viol_ctcidp_1% and %Article 2%viol_ctcidp_2%.

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