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Mockery of Justice: The Framing of Siamak Pourzand


[1] See Mehdi Moslem, Factional Politics In Post-Khomeini Iran (2002); Reza Afshari, Human Rights in Iran: The Abuse of Cultural Relativism (2001); Patrick Clawson, Michael Eisenstadt, Eliyahu Kanosvsky, David Menashri, Iran Under Khatami (1998); David Menashri, Post Revolutionary Politics in Iran: Religion, Society and Power (2001); Ali Gheissari and Vali Nasr, Democracy in Iran 128-145 (2006). 

[2] The terms “conservative” and “reformist” can be problematic in the context of Iranian politics. We have used the term “reformist” in this report to refer to the political groupings inside the regime who were pushing for reform from within – groupings that would later become known as Duvvum-i Khordad-i ha (The May 23rd Front). The interaction between reformist and conservative elements within Iran’s clerical establishment is fluid and complex. IHRDC uses these terms for the sake of simplification, but it must be acknowledged that there are points of division and agreement between both camps on a wide range of issues and such complexities are not easily captured by simple labels. For greater detail on the Iranian political scene during this period see generally Mehdi Moslem, Factional Politics in Post-Khomeini Iran (2002); Reza Afshari, Human Rights in Iran: The Abuse of Cultural Relativism (2001); Patrick Clawson, Michael Eisenstadt, Eliyahu Kanosvsky, David Menashri, Iran Under Khatami (1998); David Menashri, Post Revolutionary Politics in Iran: Religion, Society and Power (2001); International Crisis Group (ICG), Iran: The Struggle for the Revolution’s Soul, August 5, 2002, available at  http://www.crisisgroup.org/home/index.cfm?id=1673&l=1 (last visited on May 15, 2008).

[3] See David Menashri, Post-Revolutionary Politics in Iran, Religion, Society and Power, 80-82 (2001).

[4] See Qanun-i Assasiyih Jumhuriyih Islamiyih Iran [Constitution of the Islamic Republic of Iran] 1368 (adopted 1979, amended 1989) art. 2 [hereinafter Constitution of Iran].

[5] See Constitution of Iran, supra note 4, article 5 and article 110.

[6] See Constitution of Iran, supra note 4, article 110.

[7] Daniel Byman, Shahram Chubin, Anoushirvan Ehteshami, Jarrold Green, Iran’s Security Policy in the Post Revolutionary Era 24 (2001).

[8] See Iranian Student News Agency (ISNA)’s interview with Mohsen Mirdamadi, the head of the National Security and Foreign Policy Commission of Majlis in ISNA, Hushdar-i Ra’is-i Commission-i Amniyat-i Milliyih Majlis dar Murid-i Bazsaziyih Sitad-i Qatalhayih Zanjirih-i [Warning of the Head of the National Security Commission of Majlis about the Reformation of the Board of the Chain Murders], 10/14/1380 (January 4, 2002), available at http://isna.ir/isna/NewsView.aspx?ID=News-96091 (last visited June 27, 2008); Tarik Khanihyih Ashbah, Asib Shinasiyyih Guzar bih Dawlat-i Democratic Tawsi’igara [Dungeon of Ghosts, Pathology of Transition to a Developmental Democratic State], 13, 18, 30 and 41 (Akbar Ganji, Tarh-e No, 1999) [hereinafter Ganji: Dungeon of Ghosts].

[9]Akbar Ganji argues that Dorri Najafabadi was appointed Minister of Intelligence contrary to President Khatami’s will in 1997. He claims that Khatami introduced him as Minister of Intelligence in his cabinet under pressure from the Supreme Leader. For more information see generally Ganji: Dungeon of Ghosts at 47 and 48].

[10] Mirdamadi claimed in the interview with ISNA that “the Chain Murder committee has reconfigured and revived itself after its nuclei was targeted earlier.” See ISNA, Hushdar-i Ra’is-i Commission-i Amniyat-i Milliyih Majlis dar Murid-i Bazsaziyih Sitad-i Qatalhayih Zanjirih-i [Warning of the Head of the National Security Commission of Majlis about the Reformation of the Chain Murder Nuclei], 10/14/1380, (January 4, 2002), available at http://isna.ir/isna/NewsView.aspx?ID=News-96091 (last visited June 27, 2008); IHRDC phone interview with a former member of the Office of Intelligence Protection of the Army in Iran (Witness A),  United States, May 2, 2008 (on file with IHRDC); IHRDC interview with Mohsen Sazegara, a founding member of the IRGC, United States, February 14, 2008 (on file with IHRDC); IHRDC interview with Ardeshir Zarezadeh, a political dissident who was arrested by the Parallel Intelligence Agency, United States, February 15, 2008 (on file with IHRDC); and Gooya News, Darbariyih Sazman-i Ittila’t-i Muvazi, Qismat-i Aval [About the Parallel Intelligence System, Part One], 19/2/1384 (May 9, 2005) (accessed on May 22, 2005).

[11] See the Qanun-i Niruyih Intizamiyih Jumhouriyih Islamiyih Iran [Law of the Law Enforcement Forces of the Islamic Republic of Iran (NAJA)] articles 2, 4.4, 4.7, and 5, available at http://www.police.ir/Portal/Home/Default.aspx?CategoryID=d851787c-8912-4fef-ac2c-dc9bca7f2b6b (last visited on June 26, 2008).

[12] Gooya News, Darbariyih Sazman-i Ittila’t-i Muvazi, Qismat-i Aval [About the Parallel Intelligence System, Part One], 19/2/1384 (May 9, 2005) (accessed on May 22, 2005).

[13] See Qanun-i Niruyih Intizamiyih Jumhouriyih Islamiyih Iran [Law of the Law Enforcement Forces of the Islamic Republic of Iran (NAJA)] article 5, available at http://www.police.ir/Portal/Home/Default.aspx?CategoryID=d851787c-8912-4fef-ac2c-dc9bca7f2b6b (last visited on June 26, 2008).

[14] Qanun-i Artish-i Jumhuriyih Islamiyih Iran [Law of the Military of the Islamic Republic of Iran] article 16, comment 1 (1987).

[15] IHRDC phone interview with a former member of the Office of Intelligence Protection of the Army in Iran (Witness A),  United States, May 2, 2008 (on file with IHRDC)

[16] IHRDC interview with Mohsen Sazegara, United States, February 14, 2008 (on file with IHRDC) and Gooya News, Darbariyih Sazman-i Ittila’t-i Muvazi, Qismat-i Aval [About the Parallel Intelligence System, Part One], 19/2/1384 (May 9, 2005) (accessed on May 22, 2005).

[17] See Qanun-i Assasiyih Jumhuriyih Islamiyih Iran [Constitution of the Islamic Republic of Iran] article 175 (adopted 1979, amended 1989).

[18] Majid Mohammadi, Judicial Reform and Reorganization in 20th Century, State-Building, Modernization, and Islamicization 163, 197, 126-136 (2008). 

[19] Ayatollah Seyyed Ali Khamenei as quoted in Mehdi Moslem, Factional politics In Post – Khomeini Iran 258 and 262 (2002). See also Reza Afshari, Human Rights in Iran: The Abuse of Cultural Relativism, 208 (2001); Menashri, supra note 3, at 154-155; Ganji: Dungeon of Ghosts at 352, 425-434.

[20] The State Prison Organization is an independent state body that is responsible for monitoring all the prisons in Iran and operates directly under the supervision of the Head of the Judiciary.  See A’yin Namiyih Ijra’iyih Sazman-i Zindanha va Iqdamat-I Ta’mini va Tarbiyatiyih Kishvar [Executive Procedure for the Organization for State Prisons and Security and Corrective Measures] article 1 (2005).

[21] Majid Mohammadi, Judicial Reform and Reorganization in 20th Century, State-Building, Modernization, and Islamicization 163 (2008)

[22]  Id. at 182-190 (2008); Menashri, supra note 3, at 148.

[23] The judicial authorities can order law enforcement agencies to arrest suspects and conduct primary investigations under the Law of the Law Enforcement Forces. See Qanun-i Niruyih Intizamiyih Jumhouriyih Islamiyih Iran [Law of the Law Enforcement Forces of the Islamic Republic of Iran (NAJA)] article 4.8, available at http://www.police.ir/Portal/Home/Default.aspx?CategoryID=d851787c-8912-4fef-ac2c-dc9bca7f2b6b (last visited on June 26, 2008). For more information, see Section 4 through 9 of this report and Human Rights Watch, Like the Dead in Their Coffins; Torture, Detention, and the Crushing of Dissent in Iran, June 2004, available at http://hrw.org/reports/2004/iran0604/ (last visited June 15, 2008). 

[24] Ay’in-i Dadrasiyih Kayfari [Iranian Criminal Procedure] article 26 (1997). 

[25] Id.

[26] Nazanin Namdar, Dadsarayih Furudgah, Qanuni ya Qayr-i Qanuni? [Is the Airport Prosecution Office Legal or Illegal?] Rooz Online, September 19, 2005.

[27] Unlike Iran’s Revolutionary and Public Courts, the Special Courts have territorially limited and legally narrow jurisdiction. For example, some Special Courts have jurisdiction over specific kinds of crimes such as embezzlement, economic crimes, and Internet crimes. The Special Court of Mehrabad has jurisdiction over the crimes committed inside Mehrabad Airport, Tehran’s previous international airport, which would normally relate to customs violations and drug trafficking. See id.

[28] The Tehran Cultural Center for Writers, Artists, and Intellectuals provided facilities for artists, writers and other intellectuals to perform, display and discuss their work. The Center also provided a forum for well-known civil society and women’s rights activists to talk about the role arts and culture could play in promoting individual rights in Iran. Mr. Pourzand encouraged such discussions.

[29] See Pen America’s Statement, Honorary Member, Siamak Pourzand, available at http://www.pen.org/freedom/hm/pourzand.htm (last visited on July 16, 2008).

[30] IHRDC interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC).

[31] Id

[32] “Iran after the Elections” was a conference on human rights, reform and secularism held in Berlin in the aftermath of the February 2000 election in which the reformists scored a sweeping victory in the Majlis. The conference was organized by the Heinrich Böll Institute, which is associated with the German Green Party, on April 7 and 8, 2000. A number of prominent Iranian liberal journalists traveled from Tehran to take part in it. The conference broke up in public disarray and mutual recrimination. One hundred and forty members of the Majlis signed a letter to the Supreme Leader condemning the reformists taking part in the conference. Mrs. Kar had prominently criticized the Islamic Republic for violating women rights during the conference, and she was arrested after her return to Iran. She was sent to Evin Prison on April 29, 2000.  See Human Rights Watch, Iran: Trial for Conference Attendees, November 2, 2000, available at  http://hrw.org/english/docs/2000/11/02/iran610.htm (last visited on July 22, 2008); and BBC, Iran bails 'Berlin conference' women, June 21, 2000, available at http://news.bbc.co.uk/2/hi/middle_east/800435.stm   (last visited on July 22, 2008).

[33] Prior to the Iranian revolution, Mrs. Zand-Ervin served in Iran's Ministry of Economics and Finance, rising to be Managing Director of the Customs Administration. She fled Iran in June 1979 and ultimately settled in the United States. She is the president of the Alliance of Iranian Women and is a regular television commentator in the U.S. In 2002 she was elected to the Central Council of the Constitutionalist Movement of Iran. In July 2006 Mrs. Zand-Ervin participated in a meeting of Iranian pro-democracy activists hosted by the White House.

[34] Banafshéh Zand-Bonazzi left Iran in 1982. She writes for a number of U.S. publications including The National Review, Defense & Foreign Affairs and Front Page Magazine, and also appears as a television commentator. She is the editor of the English department of the website Iran Press News and is active in the Alliance of Iranian Women.

[35] Parvandiyih Pourzand Ra Bih Dastur-i Ra’is Jumhur Paygiri Kardim [We Pursued the Pourzand Case at the Order of the President] Kayhan, 07/11/1380 (October 3, 2002).

[36] See Amnesty International, Further Information: Disappearance / Possible Extra-judicial Execution, Fear of Possible Ill Treatment or Torture Siamak Pourzand, May 10, 2002, available at  http://www.amnesty.org/en/library/asset/MDE13/007/2002/en/dom-MDE130072002en.html (last visited June 10, 2008) (hereinafter AI Press Release of May 10, 2002) and the Amaken page on the Law Enforcement Forces website, available at http://www.police.ir/Portal/Home/Default.aspx?CategoryID=8cbfe6bc-6e7e-4010-9131-8ac8897b4254#1 (last visited on June 20, 2008).

[37] Mahin Pourzand was the elder sister of Siamak Pourzand. She was the only member of the family to have face-to-face contact with Mr. Pourzand while he was in prison. She died on November 16, 2006.

[38] IHRDC interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC).

[39] IHRDC interview with Lily Pourzand, United States, February 28, 2008 (on file with IHRDC).

[40] Human Rights Watch, Iran: Journalist at Risk, December 22. 2001, available at http://hrw.org/english/doc s/2001/12/22/iran3449.htm (last visited on May 15, 2008) (hereinafter HRW: Journalist at Risk).

[41] IHRDC interview with Lily Pourzand, United States, February 28, 2008 (on file with IHRDC). Mr. Jami‘i was also present when Ms. Farimehr told her story to Mahin Pourzand.

[42] IHRDC interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC). Also see the Iranian government response to UN Working Group on arbitrary detention that alleges Siamak Pourzand was arrested following a complaint submitted by Mrs. Venus Farimehr, who claimed she was sexually abused by Siamak Pourzand. For more information, see United Nations Comm’n on Human Rights, Working Group on Arbitrary Det., Opinion No. 8. 2003 (Islamic Republic of Iran), U.N. Doc. E/CN.4/2004/3/Add.1.at 45 (May 9, 2003) (hereinafter Working Group Report). [attached as Appendix 1] See also HRW: Journalist at Risk, supra note 40.

[43] See BBC interview with Azadeh Pourzand in BBC Persian, Bi Ittila’-i Az Vaz’iyat-i Pourzand [No News of Siamak Pourzand’s Conditions], December 28, 2001, available at http://www.bbc.co.uk/persian/news/011228_h-pourzand.shtml (last visited on June 27, 2008); Amnesty International, Disappearance / Possible Extra-judicial Execution, Siamak Pourzand, November 27, 2001, available at http://www.amnesty.org/en/library/asset/MDE13/046/2001/en/dom-MDE130462001en.html (last visited on May 15, 2008) (hereinafter AI Press Release of November 27, 2001); Namiyih Lily Pourzand Bih Kamal Kharrazi, Vazir-i Umur-i Kharijiyih Iran [Letter of Lily Pourzand to Kamal Kharrazi, the Iranian Minister of Foreign Affairs], (December 22, 2001) (on file with IHRDC); Namiyih Azadeh Pourzand Bih Hassan Zia’i-Far, Ra’is-i Commission-i Huquq-i Bashar-i Islami, [Letter of Azadeh Pourzand to Mr. Mohammad Hassan Zia’i-Far, Head of  IHRCI], (December 21, 2001) (on file with IHRDC).

[44] IHRDC interview with Lily Pourzand, United States, February 28, 2008 (on file with IHRDC).

[45]AI Press Release of November 27, 2001, supra note 43; IHRDC interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC). See also Namiyih Mehrangiz Kar Bih Musavi Khu’iniha, Namayandihyih Majlis [Letter of Mrs. Kar to Musavi Khu’iniha, Representative of Majlis], (April 5, 2002) (on file with IHRDC).

[46] IHRDC interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC). For more information, see also BBC, Iran: Husband of Human Rights Lawyer arrested, November 28, 2001.

[47] The narration in this part of the report is based on the recollections of two credible sources, namely Mrs. Mehrangiz Kar, wife of Siamak Pourzand, and Lily Pourzand, daughter of Siamak Pourzand. Both Lily Pourzand and Mrs. Kar had direct contact with Mahin Pourzand regularly from the time of Siamak Pourzand’s arrest until Mahin Pourzand’s death in 2006.  The Iran Human Rights Documentation Center has interviewed both Ms. Lily Pourzand and Mrs. Mehrangiz Kar and has reconstructed the sequence of the events based on their interviews.        

[48] IHRDC’s Interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC). See also Working Group Report, supra note 42. 

[49] Interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC).

[50] Law enforcement agencies are required to hand over the detainees to relevant courts within 24 hours with their findings. It is illegal to keep the detainees more than 24 hours in custody. For more information see Ay’in-i Dadrasiyih Kayfari [Iranian Criminal Procedure] article 24, 123, and 123.1 (1991).

[51] The Islamic Human Rights Commission of Iran was established in 1995, during the Presidency of Akbar Hashemi Rafsanjani, by the Head of the Judiciary, Ayatollah Mohammad Yazdi. The Head of the Judiciary sits on the board of the IHRCI as an observer. It should also be noted that the IHRCI is an entirely separate entity from the Human Rights Committee established in the Majlis in 1996. Professor Reza Afshari has described this commission as a “smoke and mirrors” effort to demonstrate regime’s responsiveness to human rights issues. See Reza Afshari, Human Rights in Iran: The Abuse of Cultural Relativism, 279 (2001).

[52] Dadgustari dar Jaryan-i Dastgiriyih Pourzand Ast [Ministry of Justice Is Aware of Pourzand’s Arrest], Nourooz, 11/10/1380, (January 1, 2002).

[53] Id.

[54] Id.

[55] Amnesty International, Further Information: Disappearance / Possible Extra-judicial Execution, Siamak Pourzand, December 12, 2001.

[56] Namiyih Azadeh Pourzand bih Mohammad Khatami [Letter from Azadeh Pourzand to President Khatami], (February 2002) (on file with the IHRDC).

[57] Azadeh Pourzand letter to Khatami, Tell me where is my father, Washington Post, December 30, 2001; Lily Pourzand sent a separate letter to President Khatami echoing the same sentiments. See Namiyih Lily Pourzand bih Mohammad Khatami [Letter from Lily Pourzand to President Khatami], 10/01/1380 (January 1, 2002) (On file with IHRDC).

[58] Namiyih Lily Pourzand bih Kamal Kharrazi, Vazir-i Umur-i Kharijiyih Iran [Lily Pourzand’s letter to Kamal Kharrazi, the Iranian Minister of Foreign Affairs], (December 22, 2001) (on file with IHRDC). The letter was sent through Mr. Mehrabadi at the Interest Section of the Islamic Republic of Iran in Washington D.C.

[59] Lily Pourzand sent her letters to Mr. Nejad Hosseinian, in charge of the interest section of the Islamic Republic of Iran in Washington DC to forward them to officials in Iran. She personally requested from him that he would forward her letters to those the letters were addressed to. Namiyih Lily Pourzand bih Aqayih Nejad Hosseinian, Namayandiyih Da’im-i Iran dar Sazman-i Milal [Letter of Lily Pourzand to Mr. Nejad Hosseinian, Iran’s Permanent Representative to the United Nation], (December 22, 2001).

[60] Namiyih Azadeh Pourzand bih Rahbar-i Inqilab, Ayatollah Khamenei [Letter of Azadeh Pourzand to the Supreme Leader, Ayatollah Khamenei], (August 6, 2003) (on file with IHRDC).

[61]  See Section 5.2. of this report.

[62] Siamak Pourzand dar Zindan-i 59 Taht-i Nazar-i Sazman-i Zindanha bih Sar Mibarad, [Siamak Pourzand Is In Prison 59, under the Supervision of the State Prison Organization], Iran, 10/13/1380 (January 3, 2002).

[63] Peyk-e Iran, Ibraz-i bi Ittila’-i az Vaziyat-i Siamak Pourzand [No Information about Siamak Pourzand], 11/30/1380 (February 19, 2002) (accessed February 19, 2002).

[64] ISNA, Hushdar-i Ra’is-i Commission-i Amniyat-i Milliyih Majlis dar Murid-i Bazsaziyih Sitad-i Qatalhayih Zanjirih-i [Warning of the National Security Commission of Majlis regarding the re-establishment of Chain Murder nuclei], 10/14/1380 (January 4, 2002) available at http://isna.ir/isna/NewsView.aspx?ID=News-96091 (last visited on June 10, 2008).

[65] ISNA, Hushdar-i Ra’is-i Commission-i Amniyat-i Milliyih Majlis dar Murid-i Bazsaziyih Sitad-i Qatalhayih Zanjirih-i [Warning of the National Security Commission of Majlis regarding the re-establishment of Chain Murder nuclei], 10/14/1380 (January 4, 2002) available at http://isna.ir/isna/NewsView.aspx?ID=News-96091 (last visited on June 10, 2008).

[66] Iddi’a-i Darbariyih Siamak Pourzand [A Claim About Siamak Pourzand], Nourooz, 16/10/1380 (January 6, 2002) quoting Jam.

[67] Id.

[68]  IHRDC interview with Mrs. Mehrangiz Kar, United States, January 4, 2008 (on file with IHRDC).

[69] Gooya News, Tawzih Ra’is shawrayih Irani Amrica-i Darbariyih Tawzi’ Millionha Dollar Az Tariq-i Siamak Pourzand, [Explanation of the Head of the American Iranian Council Regarding Distribution of Millions of Dollars Through Siamak Pourzand], January 8, 2002, available at  http://news.gooya.com/2002/01/08/0801-1.php.

[70]Id.

[71] Khanivadihyih Pourzand ba Vay Mulaqat Mikunand, [Pourzand’s Family Visit Him], Nourooz, 10/23/1380, (January 13, 2002). 

[72] IHRDC interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC).

[73] Id.  Mrs. Kar recalls her talk with Ms. Pourzand who met Siamak Pourzand in Amaken office on January 14, 2002. 

[74] Pars Mass Media in its news section reported that Mrs. Pourzand visited Siamak Pourzand at Ostad Motahari Street on February 3, 2002, Pars Mass Media, Khabar [News], undated (on file with IHRDC).

[75] IHRDC interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC) and Mehrangiz Kar’s Notes in Her Calendar, 14 Bahman 1380 (February 3, 2002).

[76] IHRDC interview with Mrs. Mehrangiz Kar, United States, January 4, 2008 (on file with IHRDC). See also Namiyih Mehrangiz Kar bih Comission-i Asl-i 90 [Letter of Mrs. Kar to the Article 90 Commission], (April 9, 2002) (on file with IHRDC).

[77] IHRDC interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC).

[78] IHRDC interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC). See also Pars Mass Media, Akharin Vaz’iyat-i Siamak Pourzand [Latest News About Siamak Pourzand’s Conditions] February 25, 2002 (on file with IHRDC).

[79] AI Press Release of May 10, 2002, supra note 36.

[80] IHRDC Interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC).

[81] On February 17, 2002, Iran newspaper published names of some of those who were recently summoned to Amaken without giving details of how they were treated. The list included: Mohammad Haydari (editor-in-chief of monthly journal Ghuzarish), Kaveh Golestan (photojournalist), Firuz Goran (editor-in-Chief of Jam’iyih Salim [Healthy Society]) Ali Dahbashi (editor-in-chief of Bukhara magazine), Omid Rohani, Mohammad Ali Safari, Mohammad Boloori, Daryoush Shayegan and Bahram Beizaee. See Akharin Guzarish-ha az Majarayih Ihzarhayih Akhir bih Idariyih Amaken [The Latest Reports Concerning the Recent Summons to Amaken Office], Iran, 11/28/1380 (February 17, 2002).

[82] See Ay’in-i Dadrasiyih Kayfari [Iranian Criminal Procedure] article 112-113, (1999).

[83] See RSF, Mawj-i Ihzar va Bazju’iyih Ruznamih Nigaran-i Irani Tavasut-i Niruyih Intizami, [A New Wave of Summoning of the Iranian Journalists by NAJA], February 2, 2002.

[84] Ihzar-i Ruznamih Nigaran Bih Idariyih Amaken Qayr-i Qanuni Ast [Summoning of Journalists to the Amaken Office is Illegal], Nourooz, 28/11/1380 (February 13, 2002).

[85] BBC Persian, Itiraz bih Ihzar-i Rawshanfikaran bih Marakiz-i Intizami, [Protest Against Summoning of the Free Thinkers to NAJA Offices], February 2, 2002, available at  http://www.bbc.co.uk/persian/business/020213_amajlis.shtml (last visited on May 15, 2008).

[86] Ihzar-i Ruznamih Nigaran bih Idariyih Amaken Qayr-i Qanuni Ast [Summoning of Journalists to the Amaken Office is Illegal], Nourooz, 28/11/1380 (February 13, 2002). 

[87] Hard-liners put Iranian Journalist on Trial on Spying Charge, The New York Times, March 14, 2002.

[88] See Firuz Goran interview with Nourooz, Ihzar-i Ruznamih Nigaran bih Idariyih Amaken Qayr-i Qanuni Ast [Summoning of Journalists to the Amaken Office is Illegal], Nourooz, 28/11/1380 (February 13, 2002). 

[89] See Qanun-i Assasiyih Jumhuriyih Islamiyih Iran [Constitution of the Islamic Republic of Iran] article 90 (adopted 1979, amended 1989).

[90] Gooya News, Taftish-i Aqayid, Tahdid va Shikanjiyih Ruhi dar Idariyih Amaken, Namiyih Zindiyad Mohammad Ali Safari bih Commission-i Asl-i 90 [Inquisition, Coercion and Torture in Amaken Office, the Letter of Late Mohammad Ali Safari to the Article 90 Commission], May 22, 2002, (accessed May 22, 2002).

[91] Ihzar-i Ruznamih Nigaran bih Idariyih Amaken Qayr-i Qanuni Ast [Summoning of Journalists to the Amaken Office is Illegal], Nourooz, 28/11/1380 (February 13, 2002).

[92] IHRDC interview with Mrs. Mehrangiz Kar, United States, January 4, 2008 (on file with IHRDC).

[93] Id.  See also Mehrangiz Kar’s Notes in Her Calendar, 6 Bahman 1380 (January 26, 2002). 

[94] Nowrooz Newspaper, Khabarha-i az Jalasiyih Qayr-i Alaniyih Majlis, Dadgah-i “Siamak Pourzand” [News from the Closed Session of the Majlis, Trial of “Siamak Pourzand”] Nourooz, 11/11/1380 (January 31, 2002).

[95] Nuktih-hayih Khandani az Jalasiyih Qayr-i Alaniyih Majlis [Interesting Points from the Closed Session of the Majlis] Kayhan, 11/11/1380 (January 31, 2002).

[96] See Namiyih Mehrangiz Kar bih Ra’is-i Commission-i Asl-i 90 [Letter from Mehrangiz Kar to the Head of Article 90 Comission] (February 2002) (on file with IHRDC).

[97] See AI Press Release of November 27, 2001, supra note 43; BBC Persian, Bi Ittila’-i az Vaz’iyat-i Siamak Pourzand [No News of Siamak Pourzand’s Conditions], December 28, 2001, available at http://www.bbc.co.uk/persian/news/011228_h-pourzand.shtml (last visited on May 30, 2008).

[98] Working Group Report, supra note 42.

[99] IHRDC interview with Lily Pourzand, United States, February 28, 2008 (on file with IHRDC).

[100] Nazila Fathi, Hard-liners Put Iranian Journalists on Trial on Spying Charges, The New York Times, March 14, 2002.

[101] Id. See also BBC Persian, Mara Murdih Farz Kunid [Consider Me Dead], March 9, 2002, available at http://www.bbc.co.uk/persian/news/020309_l-pourzand.shtml (last visited on June 27, 2008).

[102] Text of the message left on Mehrangiz Kar’s answering machine (March 8, 2002).

[103] Text of the message left on Lily Pourzand’s answering machine (March 8, 2002).

[104] IHRDC interview with Lily Pourzand, United States, February 28, 2008 (on file with IHRDC).

[105] IHRDC interview with Mrs. Mehrangiz Kar, United States, January 4, 2008 (on file with IHRDC).

[106] ISNA, Izharat-i Seyyed Ali Akbar Musavi Khu’ini Darbarihyih Vaz’iyat-i Zindanha va Bazdashtgahhayih Tehran [Ali Akbar Musavi Khu’ini’s, Majlis Representative, Makes Statement about Tehran’s Prison and Detention Facilities], 07/27/1381, (October 19, 2002), available at http://www.isna.ir/Main/NewsView.aspx?ID=News-166055, (last visited on June 28, 2005) (hereinafter Statement of Tehran Representative) [attached as Appendix 2].

[107] Id.

[108] IHRDC interview with Mrs. Mehrangiz Kar, United States, January 4, 2008 (on file with IHRDC).

[109] IHRDC phone interview with a former member of the Office of Intelligence Protection of the Army in Iran (Witness A), United States, May 2, 2008 (on file with IHRDC). 

[110] Statement of Tehran Representative, supra note 106.  ,

[111] Siamak Pourzand dar Zindan-i 59 Taht-i Nizarat-i Sazman-i Zindanha Bih Sar Mibarad [Siamak Pourzand is in Prison 59 Under the Control of the State Prison Organization] Iran, 13/10/1380 (January 3, 2002).

[112] See Human Rights Watch, Like the Dead in Their Coffins; Torture, Detention, and the Crushing of Dissent in Iran, June 2004, available at http://hrw.org/reports/2004/iran0604/ (last visited June 15, 2008).

[113] Id.

[114] IHRDC interview with Hassan Zarezadeh Ardeshir, United States, February 15, 2008 (on file with IHRDC).

[115] Id.

[116] Id.

[117] Id.

[118] Human Rights Watch (HRW), Iran: “Trial” A Mockery of the Law, March 13, 2002, available at http://hrw.org/english/docs/2002/03/13/iran3809.htm (last visited on May 15, 2008).

[119] Mr. Pourzand’s family did not receive any prior notification of his appearance in court. Typically, it is the responsibility of the defense attorney to keep the family appraised of developments in a suspect’s case. See Nazila Fathi, Hard-liners Put Iranian Journalists on Trial on Spying Charges, The New York Times, March 14, 2002.

[120] Crimes against national security have a broad definition in Iran. For instance, article 498 of the Islamic Penal Code of Iran defines the crime of national security as: “Anyone with any intention who establishes or controls a group, organization, or a branch that has more than two members inside or outside the country, under any name, that disrupt the national security of the country provided that the person is not guilty of the crime of Maharib, would be sentenced to two to eleven years of imprisonment.” For more information see Qanun-i Mujazat-i Islami [Islamic Penal Code] Book Five, Crimes against the National and International Security of Iran, (1996). 

[121] Nukhustin Jalasiyih Muhakimiyih “Siamak Pourzand” Barguzar Shud [First Session of Siamak Pourzand’s Trial Convened], Iran, 18/12/1380 (March 9, 2002).

[122] Nuktih-hayih Khandani az Jalasiyih Qayr-i Alaniyih Majlis [Interesting Points from the Closed Session of the Majlis], Kayhan, 11/11/1380 (January 31, 2002).

[123] Dadgustari dar Jaryan-i Dastgiriyih Pourzand Ast [Ministry of Justice Is Aware of Pourzand’s Arrest], Nourooz, 11/10/1380, (January 1, 2001).

[124] IHRDC interview with Mrs. Mehrangiz Kar, United States, January 4, 2008 (on file with IHRDC).

[125] See Vikalatnamiyih Mehrangiz Kar bih Shirin Ebadi [Request of Mehrangiz Kar from Shirin Ebadi for Legal Representation] 09/12/1380, (December 3, 2002).

[126] IHRDC interview with Mrs. Mehrangiz Kar, United States, January 4, 2008 (on file with IHRDC).

[127] Melli-Mazhabi Website, Pourzand Vakil-i Ta’ini ra Rad Kard [Pourzand Rejected the Elected Attorney], March 12, 2002 (accessed on March 13,2002) quoting from Nourooz newspaper.

[128] IHRDC interview with Mrs. Mehrangiz Kar, United States, January 4, 2008 (on file with IHRDC).

[129] Duvvumin Jalasihyih Dadgah-i Siamak Pourzand Barguzar Shud [Second Session of Siamak Pourzand Trial Was Held], Iran, 12/21/1380, (March 12, 2002).

[130] Id.

[131] Id.

[132] Reza Pahlavi Pardakht-i Pul bih Pourzand ra Takzib Kard, [Reza Pahlavi Denied Having Paid Money to Pourzand], Shahrvand Toronto, April 2, 2002.

[133] Bifarma’id, In Ham Yik Nimunih [There You Go, Here Is an Example], Kayhan, 12/22/1380 (March 13, 2002).

[134] Id.

[135] Akharin Jalasiyih Muhakimiyih Siamak Pourzand Da’ir Shud [The Last Session of Siamak Pourzand’s Trial Was Held], Iran, 12/28/1380 (March 19, 2002).

[136] The family does not have the charge sheet, but the five charges were all mentioned in Iran on March 12, 2002.

[137] Akharin Jalasiyih Muhakimiyih Siamak Pourzand Da’ir Shud [The Last Session of Siamak Pourzand’s Trial Was Held), Iran, 12/28/1380 (March 19, 2002).

[138] Id.

[139] BBC Persian, Namiyih Dukhtar-i Siamak Pourzand Bih Mohammad Khatami, [Letter of Siamak Pourzand’s Daughter to Mohammad Khatami], March 21, 2002, available at http://www.bbc.co.uk/persian/news/020321_a-pourzand.shtml (last visited May 15, 2008).

[140] See Namiyih Mehrangiz Kar bih Mohammad Ali Abtahi, Mushavir-i Huquqiyih Mohammad Khatami [Letter of Mehrangiz Kar to Mohammad Ali Abtahi, the legal advisor to President Khatami], (April 5, 2002) (on file with IHRDC); Namiyih Mehrangiz Kar bih Mehdi Karrubi, Sukhanguyih Majlis [Letter of Mehrangiz Kar to Mehdi Karrubi, the Speaker of the Majlis], (April 5, 2002) (on file with IHRDC); Namiyih Mehrangiz Kar bih Musavi Khu’ini, Namayandihyih Majlis [Letter of Mehrangiz Kar to Musavi Khi’ini, Representative of Majlis], (April 25, 2002) (on file with IHRDC); Namiyih Mehrangiz Kar bih Comission-i Asl-i Navad [Letter of Mrs. Kar to the Article 90 Commission], (May 16, 2002) (on file with IHRDC) [attached as Appendix 3]; Namiyih Mehrangiz Kar bih Mohsen Mirdamadi, Ra’is-i Commission-i Amniyat-i Milli va Siasat-i Kharijiyih Majlis [Letters of Mehrangiz Kar to Mohsen Mirdamadi, the Head of the National Security and Foreign Policy Commissions of Majlis], (April, 5, 2002) (on file with IHRDC).

[141] Former President Khatami was invited to speak on the “Ethics of Tolerance in the Age of Violence” and answer audience questions at the Kennedy School of Government’s John F. Kennedy Jr. Forum on Sunday September 10, 2006. For more information see Alvin Powell, Khatami praises democracy, slams U.S. action, Harvard University Gazette, September 10, 2006, available at www.news.harvard.edu/gazette/2006/09.14/99-khatami.html (last visited July 23, 2008).

[142] IHRDC interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC).

[143] Id.

[144] AI Press Release of May 10, 2002, supra note 36. 

[145] Id. See also Gooya News, Ittila’iyih Khanivadiyih Pourzand Darbariyih Vaz’iyat-i Siamak Pourzand [Statement of Pourzand’s family about Siamak Pourzand’s Situation], May 9, 2002 (accessed June 10, 2002).

[146] Gooya News, Ittila’iyih Khanivadiyih Pourzand Darbariyih Vaz’iyat-i Siamak Pourzand [Statement of Pourzand’s family about Siamak Pourzand’s Situation], May 9, 2002 (accessed June 10, 2002) See also Vazi’yat-i Namusa’id-i Siamak Pourzand [Unfavorable Condition of Siamak Pourzand], Shahrvand, May 10, 2002.

[147] Siamak Pourzand bih 8 Sal Zindan Mahkum Shud [Siamak Pourzand Was Sentenced to 8 Years’ Imprisonment], Iran, 2/14/1381 (May 4, 2002). See also BBC Persian, Mahkumiyat-i Siamak Pourzand bih 8 Sal Habs [Siamak Pourzand Sentenced to 8 Years’ Imprisonment], May 4, 2002, available at http://www.bbc.co.uk/persian/news/020504_h-pourzand.shtml (last visited on May 15, 2008).

[148] Id.

[149]  Id.

[150] Siamak Pourzand Tahvil-i Zindan-i Evin Shud [Siamak Pourzand Was Handed Over to Evin Prison], Iran, 2/16/1381 (May  6, 2002).

[151] ISNA, Dadgah-i Badvi Siamak Pourzand ra bih 11 Sal Habs Mahkum Kard, [The Primary Court Sentenced Siamak Pourzand to 11 Years’ Imprisonment], 2/25/1381 (May 16, 2002) available at http://www.isna.ir/isna/NewsView.aspx?ID=News-127196 (last visited July, 24, 2008).

[152] Judge Zafarqandi stated that Siamak Pourzand had been convicted of the following crimes: i) propaganda against the Islamic Republic, ii) spying for a foreign country that had harmed Iran’s national and cultural security, iii) provoking and deception of the masses to disrupt the security of the country, iv) encouragement and persuasion to commit acts of corruption and moral turpitude, v) illegitimate affair, and vi) consumption of alcohol. For more information, see id.

[153] Article 183 of the Islamic Penal Code of Iran defines Maharib as “Anyone who pulls weapons with the intention to intimidate, create fear, denies freedom to the public and disrupts public security is Maharib”; Article 187 defines Maharib as “Anyone or any group that plans to overthrow the Islamic Republic and for this purpose arranges weapons and ammunition, and also anyone that cooperates with any one or any group that intends to overthrow the Islamic Republic or arranges financial assistance and weapons and other necessary tools for them is Maharib;” Article 190 states that the crime of Maharib is punishable by (1) killing, (2) hanging, (3) amputation of first the right hand then left leg, or (4) Nafyih balad [Exile]; Article 195 also prescribes crucifixion for the crime of Maharib. For more information, see Qanun-i Mujazat-i Islami [Islamic Penal Code] articles 183 and 190 (1991).

[154] ISNA, Dadgah-i Badvi Siamak Pourzand ra bih 11 Sal Habs Mahkum Kard, [The Primary Court Sentenced Siamak Pourzand to 11 Years’ Imprisonment], 2/25/1381 (May 16, 2002) available at http://www.isna.ir/isna/NewsView.aspx?ID=News-127196 (last visited July, 24, 2008).

[155] See Qavanin-i Jaza’i [Iranian Criminal Law] Chapter 1: Crime Against National Security, article 498- 500, 501, and 508 (1991).

[156] See id., article 190-191, 195 (1991).

[157] ISNA, Dadgah-i Badvi Siamak Pourzand ra bih 11 Sal Habs Mahkum Kard, [The Primary Court Sentenced Siamak Pourzand to 11 Years’ Imprisonment], 2/25/1381 (May 16, 2002) available at http://www.isna.ir/isna/NewsView.aspx?ID=News-127196 (last visited July, 24, 2008).

[158] Id.

[159] IdSee also Islamic Penal Code of Iran, Chapter 28: Consumption of Alcoholic Drink and Gambling, article 702, (1991).

[160] See Izhar-i Bi Itilla’iyih Ra’is-i Zindanha az Vaziyat-i Siamak Pourzand [Head of the State Prison Organization Expresses Having No Knowledge of Siamak Pourzand’s Condition], Nourooz, 2/24/1381 (May 14,2002).

[161] Siamak Pourzand dar Bazdashtgah-i Sazman-i Zindanha Nigahdari Mishavad [Siamak Pourzand Is Being Kept in the State Prison Organization’s Detention Center], Nourooz, 2/29/1381 (May 19, 2002).

[162] Pourzand Family’s Statement: Siamak Pourzand had a heart attack, May 10, 2002 (on file with IHRDC).

[163] ISNA, Pourzand: Itithamat-i Varidih ra Pazirufti’am [Pourzand: I’ve Accepted the Charges Against Me], 3/06/1381 (May 27,2002) available at http://isna.ir/isna/NewsView.aspx?ID=News-130644 (last visited on June 6, 2008).

[164]Id.

[165] ISNA, Vakil Mudafi’i Siamak Pourzand: Dadgah Dar Khusus-i Ittiham-i Digar-i Pourzand Dar Hal-i Tahqiq Ast [Siamak Pourzand’s Defense Attorney: The Court Is Still Investigating Pourzand’s Other Charge], 04/25/1381, (July 22, 2002) available at http://isna.ir/isna/NewsView.aspx?ID=News-141374 (last visited on June 10, 2008).

[166] The interpretation of Shi’a law practiced by the Islamic Republic (based on interpretations of Khomeini’s Risalih) defines conversion away from Islam into another faith – irtidad or apostasy – as an offense that under certain circumstances may be punishable by death. See Ayatollah Ruhollah Khomeini, Tahrir Al-Wasilah (Beirut: Tawzi’ Dar al-Ta’ruf lil-Matbu’aat) 366, 494-495 (1984).

[167] Gooya News, Ansar-i Hizbullah, Ittihamat-i Siamak Pourzand-ha Boycott-i Khabari Mishavad [Charges of People Like Siamak Pourzand Is Boycotted for Broadcasting by the Media], June 1, 2002 (accessed June3, 2002).

[168] IHRDC interview with Mrs. Mehrangiz Kar, United States, May 4, 2008 (on file with IHRDC). See also Namiyih Mehrangiz Kar bih Comission-i Asl-i 90 [Letter of Mrs. Kar to the Article 90 Commission],  (May 16, 2002) (on file with IHRDC).

[169] Peyk-e Iran, Dadgah-i Tajdid-i Nazar Pas az Barrisiyih Hukm-i Sadirih bar Alayhih Siamak Pourzand In Hukm ra Ta’id Kard [The Appeal Court Upheld the Verdict Issued Against Siamak Pourzand], June 24, 2002 (accessed June 24, 2002) quoting Jam-e Jam and Resalat newspapers.

[170] IHRDC interview with Mehrangiz Kar, United States, January 4, 2008 (on file with IHRDC). See also Namiyih Mehrangiz Kar bih Musavi Khu’ini, Namayandihyih Majlis [Letter of Mehrangiz Kar to Musavi Khi’ini, Representative of Majlis], (July 11, 2002) (on file with IHRDC).

[171] See Peyk-e Iran, Dadgah-i Tajdid-i Nazar Pas az Barrisiyih Hukm-i Sadirih bar Alayhih Siamak Pourzand In Hukm ra Ta’id Kard [The Appeal Court Upheld the Verdict Issued Against Siamak Pourzand], June 24, 2002 (accessed June 24, 2002) quoting Jam-e Jam and Resalat newspapers.

[172] IHRDC interview with Mrs. Mehrangiz Kar, United States, Jan 4. 2002; see also Namiyih Mehrangiz Kar bih Mehdi Karrubi, Ra’is-i Majlis [Letter of Mehrangiz Kar to Mehdi Karrubi, Head of the Majlis], (July 11, 2002) (on file with IHRDC); and Namiyih Mehrangiz Kar bih Musavi Khu’ini, Namayandihyih Majlis [Letter of Mehrangiz Kar to Musavi Khu’ini, Representative of the Majlis], (July 11 2002) (on file with IHRDC).

[173] Id. See also Namiyih Mehrangiz Kar bih Mehdi Karrubi, Sukhanguyih Majlis [Letter of Mehrangiz Kar to Mehdi Karrubi, Speaker of the Majlis], (July 11, 2002) (on file with IHRDC) (No-198); and Namiyih Mehrangiz Kar bih Musavi Khuini, Namayandihyih Majlis [Letter of Mehrangiz Kar to Musavi Khu’ini, Representative of the Majlis], (July 11 2002) (on file with IHRDC).

[174] Shirin Ebadi seems to be the last person who was summoned on July 23, 2002. See Guftuguyih Ikhtisasiyih Shahrvand ba Payam-i Fazlinejad Piramun-i Ihzar-i Viy Bih Amaken, [Exclusive Interview of Sharvand with Payam Fazlinejad About his Summoning to Amaken], Shahrvand, July 30, 2002.

[175] See Pyknet, Mardum Mipursand, dar Tehran Hadisih’i dar Sharaf-i Vuqu’ Ast, [People Wonder If Something Is About to Happen in Tehran], July 3, 2002 (accessed July 3, 2002).

[176] See Ihzar-i Ruzanihnigaran bih Idariyih Kull-i Nizarat bar Amakin-i Umumi Rabti bih Niruyih Intizami Nadard, [The Summoning of Journalists to the Central Office of Amaken Has Nothing to Do with the Law Enforcement Forces], Nourooz, 05/02/1381 (July 24, 2002). See also Izharat-i Rais-i Markaz-i Ittila’ Risaniyih NAJA darbariyih Libas Shakhsiha va Ihzar-i Ruznamih Nigaran [Statement of the Head of NAJA’s Information Office Regarding Summoning of Journalist and Plain-clothed Persons], Intikhab, 05/02/1381 (July 24, 2002).

[177] The newspaper does not mention the name of Amaken’s public relations representative. See Guftuguyih Ikhtisasiyih Shahrvand ba Payam-i Fazlinejad Piramun-i Ihzar-i Viy Bih Amaken, [Exclusive Interview of Sharvand with Payam Fazlinejad About his Summoning to Amaken], Shahrvand, July 30, 2002.

[178] See Guftuguyih Ikhtisasiyih Shahrvand ba Payam-i Fazlinejad Piramun-i Ihzar-i Viy Bih Amaken, [Exclusive Interview of Sharvand with Payam Fazlinejad About his Summoning to Amaken], Shahrvand, July 30, 2002.

[179] Id.

[180] Id.

[181] Amnesty International, Further Information, Disappearance, Possible Extra-judicial Execution, Fear of Possible Ill Treatment, or Torture, Siamak Pourzand, July 31, 2002, available at http://www.amnesty.org/en/library/asset/MDE13/011/2002/en/dom-MDE130112002en.html (last visited on May 15, 2008). 

[182] The Confession show was staged a few weeks after Mrs. Kar was awarded the National Endowment for Democracy’s 2002 Democracy Award by Laura Bush at a Capitol Hill reception on July 9, 2002. See Democracy newsletter, Laura Bush Presents 2002 Democracy Award to Muslim Women Activists, Summer 2002 newsletter, available at http://www.ned.org/publications/newsletters/summer02.html (last visited on May 15, 2002); See BBC Persian, I’tirafat-i Matbu’atiyih Siamak Pourzand, [Media Confession of Siamak Pourzand], July 25, 2002, available at http://www.bbc.co.uk/persian/news/020724_he-purzand.shtml (last visited on May 15, 2008).

[183] Id. See also Izharat-i Tazihyih Siamak Pourzand dar Dadgah, [New Confessions of Siamak Pourzand in Court], Iran, 05/04/1381 (July 26, 2002); Siamak Pourzand Savabiq-i Khud ra Ifsha Kard, [Siamak Pourzand Exposed his Past], Intikhab, 05/05/1381 (July 27, 2002); ISNA, Siamak Pourzand Fa’liyathayih Siyasi va Matbu’atiyih Khud ra Tashrih Kard [Siamak Pourzand Described his Political and Press Activities], 05/02/1381 (July 24, 2002) available at http://isna.ir/isna/NewsView.aspx?ID=News-143553 (last visited July 23, 2008).

[184] Iran TV shows dissident ‘confessing’ to be Spy, Reuter, July 25, 2002.                                                      

[185] Text of Siamak Pourzand’s Televised Confessions (on file with IHRDC).

[186] Id.

[187] Id.

[188] Id.

[189] IHRDC interview with Mrs. Mehrangiz Kar, United States, January 4, 2008 (on file with IHRDC).

[190] IHRDC interview with Lily Pourzand, United States, February 28, 2008 (on file with IHRDC).

[191] Interview with Witness B, United States, February 25, 2008. 

[192] IHRDC interview with Lily Pourzand, United States, February 28, 2008 (on file with IHRDC).

[193] IHRDC interview with Mrs. Mehrangiz Kar, United States, February 28, 2008 (on file with IHRDC).

[194] IHRDC interview with Lily Pourzand, United States, February 28, 2008 (on file with IHRDC).

[195] BBC Persian, Nishanih-hayih Napayda dar Parvandihyih Pourzand [Invisible Signs in Pourzand’s Case File], July 31, 2002, available at http://www.bbc.co.uk/persian/news/020731_a-jb-pourzand.shtml (last visited on May 15, 2008).

[196] Jannti dar Khutbih Hayih Namaz-i Jum’i: Khat-i Nifaq dar Astaniyih Rusva’i Ast [Jannati in the Speech of the Friday Prayer: The Dissent Plan is on the Verge of Being Exposed], Resalat, 05/05/1381 (July 27, 2002).

[197] Sida va Sima Harchih Mitavanad Itirafat Pourzand ra Pakhsh Kunad [IRIB Should Broadcast Pourzand’s Confession As Much As Possible], Aftab, 05/05/1381 (July 27, 2008).

[198] Ali Larijani is the son of Ayatollah Hashem Amoli and the son-in-law of late Ayatollah Morteza Motahari. He is a former member of the Revolutionary Guards Corps. He served as Minister of Culture and Islamic Guidance under President Rafsanjani and as president of Islamic Republic of Iran Broadcasting (IRIB) from 1994 to 2004. He left the IRIB to become a security adviser to Supreme Leader Ayatollah Ali Khamenei and in 2005 was appointed secretary of the Supreme National Security Council in which capacity he acted as Iran’s nuclear negotiator in its discussions with the international community. Larijani ran unsuccessfully as a conservative candidate for the presidency in 2005, losing to Mahmoud Ahmadinejad.

[199] BBC Persian, Nishanih-hayih Napayda dar Parvandihyih Pourzand [Invisible Signs in Pourzand’s Case File], July 31, 2002, available at http://www.bbc.co.uk/persian/news/020731_a-jb-pourzand.shtml (last visited on May 15, 2008).

[200] Dar Piy’i Izharat-i Sarih-i Siamak Pourzand Irtibat-i Ruznamih-hayih Zanjir’i ba Mahafil-i Biganih Ifsha Shud, [Pursuant to Siamak Pourzand’s Confession the Relationship of the Chain Newspapers with the Foreign Assemblies Are Exposed], Kayhan, 04/31/1381 (July 22, 2002).

[201] BBC Persian, Nishanih-hayih Napayda dar Parvandihyih Pourzand [Invisible Signs in Pourzand’s Case File], July 31, 2002, available at http://www.bbc.co.uk/persian/news/020731_a-jb-pourzand.shtml (last visited on May 15, 2008).

[202] Lalih Yarahmadi, Siamak Pourzand, Karnamihyih Yik Dallal-i Vabastih bih Biganih az Nazparvardihgi ta Kuditayih Farhangi [Siamak Pourzand: Biography of a Middleman Who Relied on Foreign Forces, from Living a Luxurious Life to the Cultural Coup], Kayhan, 09/18-25/1381 (December 2-9, 2002).

[203] Peyk-e Iran, Ahmad Zaydabadi Guft: Itirafat-i “Siamak Pourzand” az Sinariyuh-i kih Mah-ha Pish Tahiyih Shudih Bud Pardih Bardasht va Anra Ifsha Kard [Ahmad Zaydabadi Said: Siamak Pourzand’s Confessions Disclosed and Exposed a Scenario that Was in the Make for Many Months], 05/05/1381 (July 27, 2002) (accessed on July 30, 2002) quoting Islamic Republic News Agency, IRNA.

[204] Id.

[205] Peyk-e Iran, Reza Yusufiyan, Yik Uzv-i Firaksiyun-I Musharikat dar Majlis-i Shurayih Islami Guft: Itirafgiri Yik Ravish-i Qadimi va Gayr-i Qabil-i Itimad Ast [Reza Yusufiyan, a Member of the Majlis’ Partnership Fraction Said: Extracting Confessions Is an Old and Untrustworthy Method.], 05/06/1381 (July 28, 2002) (accessed on July 29, 2002), quoting Islamic Republic News Agency, IRNA.

[206] Emrooz, Ra’is-i Comission-i Asl-i Navad-i Majlis: Malum Nist Itirafat-i Pourzand dar Chih Sharayiti Giriftih Shudih Ast [Head of the Article 90 Commission of Majlis: It Is Not Known Under What Circumstances Siamak Pourzand’s Confessions Were Taken], 05/07/1381 (July 29, 2002) (accessed on July 29, 2002).

[207] Peyk-e Iran, Mohammad Ali Abtahi dar Yaddashti kih dar Shumariyih Ruz-i Dushanbihyih Ruznamih Iran Chap Shudih bih Ira’iyih Ittila’t-I Muhimmi Darbarihyih Parvandihyih Siamak Pourzand Pardakhtih Ast [In his Note Published in the Monday Issue of Iran Newspaper, Mohammad Ali Abtahi Provided Important Information Regarding Pourzand’s Case File], 05/07/1381 (July 29, 2002) (accessed on July 29, 2002), as quoting IRNA; Didgah-i Abtahi Darbarihyih Itirafat-i Pourzand [Abtahi’s Opinion Regarding Pourzand’s Confessions], Intikhab,  05/08/1381 (July 30, 2002).

[208] Pyknet, Imruz Bayad ba  America Muzakirih Kard, Farda Dir Ast, [We Must Negotiate with United States Today, Tomorrow Is Too Late], 05/23/1381 (August 14, 2002) (accessed on august 14, 2002), quoting Itimad newspaper. 

[209] BBC Persian Nishanih-hayih Napayda dar Parvandihyih Pourzand [Invisible Signs in Pourzand’s Case File], July 31, 2002, available at http://www.bbc.co.uk/persian/news/020731_a-jb-pourzand.shtml (last visited on May 15, 2008).

[210] Hassanzadigan Mokhbir-i Commission-i Asl-i 90: Irtibat-i Pourzand ba Anasur-i Zidd-i Inqilab Qay-i Qabil-i Inkar Ast, [Hassanzadigan, Rapporteur of the Article 90 Commission: Relationship of Siamak Pourzand with Anti-Revolutionary Elements is Undeniable], Resalat, 05/10/1381 (August 1, 2002).

[211] IHRDC interview with Mrs. Mehrangiz Kar, United States, January 4, 2008 (on file with IHRDC).

[212] Amnesty International, Prisoner of Conscience Appeal Case - Siamak Pourzand: A Case Study of Flagrant Human Rights Violations, May 2004, available at http://www.amnesty.org/en/library/asset/MDE13/025/2004/en/dom-MDE130252004en.html (last visited on May 15, 2008) (hereinafter Amnesty: Prisoner of Conscience Appeal)..

[213] Amnesty International, Iran Country Report 2003, AI Index POL 10/003/2003, available at http://asiapacific.amnesty.org/report2003/irn-summary-eng (Last accessed July 24, 2008).

[214] Peyk-e Iran, Akhbar [News], August 2, 2002 (accessed on August 2, 2002). 

[215] IHRDC interview with Lily Pourzand, United States, February 28, 2008 (on file with IHRDC).

[216] IHRDC interview with Mrs. Mehrangiz Kar, United State, January 4, 2008 (on file with IHRDC).

[217] IHRDC interview with Lily Pourzand, United States, February 28, 2008 (on file with IHRDC).

[218] Id.

[219] IHRDC interview with Lily Pourzand, February 28, 2008 (on file with IHRDC). See also Amnesty: Prisoner of Conscience Appeal, supra note 212.

[220] IHRDC interview with Lily Pourzand, February 28, 2008 (on file with IHRDC).

[221] Id.

[222] Amnesty: Prisoner of Conscience Appeal, supra note 212.

[223] IHRDC interview with Ali Afshari, United States, February 16, 2008 (on file with IHRDC).

[224] ISNA, Vakil Mudafi’-i Siamak Pourzand: Umidvaram Muvakilam Murid-i U’tufat-i Islami Qara Girad va Afv Shavad [Siamak Pourzand’s Defense Attorney: I hope that my Client is Subject to Islamic Kindness and Pardoned], 12/15/1381 (March 5, 2004).

[225] IHRDC interview with Mrs. Mehrangiz Kar, United States, January 4, 2008 (on file with IHRDC).

[226] Gooya News, Zindaniyan-i Siyasi va Aqidati, Usarayih Jumhuriyih Islami [The Political and Conscious Prisoners, Hostages of the Islamic Republic], April 20, 2004 (accessed April 21, 2004).

[227] Peyk-e Iran, Musahiabih Ahmad Batebi Darbarihyih Vaziyat-i Zindan [Interview with Ahmad Batebi About the Prison Conditions], August 25, 2004 (accessed on August, 25, 2004).

[228] Working Group Report, supra note 42.

[229] Id.

[230] Id.

[231] Id.

[232] Id.

[233] Id.

[234] Id.

[235] Pyknet, Siamak Pourzand: Bray-i Marg Haziram Ama dar Zindan, Na dar Bimiristan-i Baqiyat’ullah-i Sepah [Siamak Pourzand: I Would Rather Die in Prison than in Sepah’s Baqiyat’ullah Hospital], April 20, 2004 (accessed on April 20, 2004).

[236] IdSee also RSF, Reporters Without Borders outraged at Siamak Pourzand’s treatment in hospital, The organization will hold the Iranian authorities responsible for the deterioration in the journalist’s state of health, April 20, 2004, available at http://www.rsf.org/article.php3?id_article=9821 (last visited on May 15, 2008).

[237] RSF, Reporters Without Borders outraged at Siamak Pourzand’s treatment in hospital, The organization will hold the Iranian authorities responsible for the deterioration in the journalist’s state of health, April 20, 2004, available at http://www.rsf.org/article.php3?id_article=9821 (last visited on May 15, 2008).  

[238] On April 20, 2004, Islamic Republic News Agency (IRNA) reported that Siamak Pourzand’s guard did not allow him to speak to its reporters. See also BBC Persian, Siamak Pourzand dar Bimaristan Bastari Shud [Siamak Pourzand Was Hospitalized], April 20, 2004, available at http://www.bbc.co.uk/persian/iran/story/2004/04/040420_he-pourzand.shtml (last visited on May 15, 2008), quoting IRNA.

[239] Gooya News, Pourzand Mamnu’ul Mulaqat Shud [Siamak Pourzand Is Prohibited from Having Visitors], April 21, 2004 (accessed April 21, 2004).

[240] Peyk-e Iran, Dar Utaq Mamur-i Police Huzur Darad va Mulaqatha ba Huzur-i Mamur-i Police Anjam Mishavad [There Is a Police Officer in the Rooms and Visits are Monitored by Him], April 20, 2004 (accessed on April 20, 2004).

[241] IHRDC interview with Lily Pourzand, United States, February 28, 2008 (on file with IHRDC).

[242] Gooya News, Siamak Pourzand dar Astanihyih Marg Ast [Siamak Pourzand Is on the Verge of Death], April 18, 2004 (accessed April 18, 2004).

[243] Peyk-e Iran, Guzarishgaran-i Bidun-i Marz: Vaziyat-i Salamat-i Siamak Pourzand Nigran Kunandih Ast [Reporters Without Boarders: Siamak Pourzand’s Health Condition is Deeply Concerning], April 18, 2004 (accessed on April 18, 2004).

[244] Gooya News, Siamak Pourzand Mamnu’ul Mulaqat Shud [Siamak Pourzand Is Prohibited from Having Visitors], April 21, 2004 (accessed April 21, 2004); Hal-i Siamak Pourzand Bihbud Yaft [Siamak Pourzand’s Health Is Improving], Sharq, 02/02/1381 (April 22, 2004).

[245] IHRDC interview with Mrs. Mehrangiz Kar, United States, February 4, 2008 (on file with IHRDC).

[246] Gooya News, Khabarnamih [News Bulletin], April 23, 2004 (accessed April 23, 2004).

[247] Article 32 Of the Iranian Constitution asserts that “No one may be arrested except by the order and in accordance with the procedure laid down by law. In case of arrest, charges with the reasons for accusation must, without delay, be communicated and explained to the accused in writing, and a provisional dossier must be forwarded to the competent judicial authorities within a maximum of twenty-four hours so that the preliminaries to the trial can be completed as swiftly as possible. The violation of this article will be liable to punishment in accordance with the law.” See Constitution of Iran, supra note 4, article 32.

[248] Iran’s Code of Criminal Procedure, article 112 says: “The accused shall be summoned by an arrest warrant. There should be two copies of the arrest warrant; one is served to the accused and the other must be signed by the accused and handed back to the serving officer.” See Ay’in-i Dadrasiyih Kayfari [Iran’s Code of Criminal Procedure], article 112.

[249] Iran’s Code of Criminal Procedure, article 119 states: “The accused shall be summoned by an arrest warrant. The arrest warrant, which contains the reasons for the summons, must be read to the accused.” Id., article 119.

[250] Iran’s Code of Criminal Procedure, article 121 states: “Accused should be summoned during the day, except in the case of an emergency.”  Id., article 121.

[251] Iran’s Code of Criminal Procedure, article 123 states: “The accused shall be accompanied and monitored from the time of summoning to the time he or she is presented to a judge. Comment: The officers are responsible for presenting the summoned person immediately to a judge. The accused can only be detained if there is the possibility of flight or the destruction of evidence; notwithstanding these two conditions,  officers do not have the right to detain an individual for more than 24 hours.” Id., article 123.

[252] Article 35 of the Iranian Constitution explains: “Both parties to a lawsuit have the right in all courts of law to select an attorney, and if they are unable to do so, arrangements must be made to provide them with legal counsel.” Constitution of Iran, supra note 4, article 35.

[253] Iran’s Code of Criminal Procedure, article 185: “All parties to a criminal dispute have the right to select and introduce their own legal counsel(s) to a court of law. The date and the time of the court appearance will be announced to the accused, plaintiffs, defendants and their attorneys. If the disputing parties have multiple lawyers, presence of one lawyer from each side is sufficient for the court to proceed.” Ay’in-i Dadrasiyih Kayfari [Iran’s Code of Criminal Procedure], article 185.

[254] Iranian Constitution, article 168 states: “Political and press offenses will be tried openly and in the presence of a jury, in courts of justice. The manner of the selection of the jury, its powers, and the definition of political offenses, will be determined by law in accordance with the Islamic criteria.” Constitution of Iran, supra note 4, article 168 [Political and Press Offenses].

[255] Article 38 of the Constitution states: “All forms of torture for the purpose of extracting confession or acquiring information are forbidden. Compulsion of individuals to testify, confess, or take an oath is not permissible; and any testimony, confession, or oath obtained under duress is devoid of value and credence. Violation of this article is liable to punishment in accordance with the law.” Id., article 38.

[256] Ay’in-i Dadrasiyih Kayfari [Iran’s Code of Criminal Procedure], article 55.

[257] Iran’s Code of Criminal Procedure, article 33 states: “The arrest shall be ordered by a judge and approved by the head of the district court or his deputy. The arrest could be appealed in the provincial court within 10 days. This review will be conducted immediately. Either way, the status of the accused must be determined within a month. If the judge deems it necessary to hold the accused in custody any longer, he must have the case reviewed as specified above.”  Id., article 33.

[258] Arzuaga Gilboa v. Uruguay, U.N. Human Rights Comm., Commc'n No. 147/1983, U.N. Doc. CCPR/C/OP/2 (1990).

[259] Laureano v. Peru, U.N. Human Rights Comm., Commc'n No. 540/1993, U.N. Doc. CCPR/C/56/D/540/1993 (1996); Tshishimbi v. Zaire, U.N. Human Rights Comm., Commc'n No. 542/1993, U.N. Doc. CCPR/C/53/D/542/1993 (1996).

[260] International Convention for the Protection of All Persons from Enforced Disappearance, opened for signature February 6, 2007, U.N. Doc. A/RES/61/77, available at http://www2.ohchr.org/english/law/disappearance-convention.htm (Iran is not yet a state party to the convention.) 

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Tagged as:

Secret Prisons, Torture, Inhuman and Degrading Treatment, Punishment, Due Process, Right to an Attorney, Equality Before the Law, Discrimination