The Middle East

Iran Human Rights Documentation Center Calls for the Unconditional Release of Sakineh Mohammadi Ashtiani

November 4, 2010
Iran Human Rights Documentation Center

NEW HAVEN, CONNECTICUT – The Iran Human Rights Documentation Center (IHRDC) condemns the continued unwarranted detention of Sakineh Mohammadi Ashtiani in Iran and calls for her unconditional release.  “The Iranian authorities should immediately release Mohammadi Ashtiani,” said Renee Redman, Executive Director of IHRDC. “The handling of her case file has lacked fundamental guarantees of due process and transparency from the beginning. It is particularly alarming that while the Iranian government plays with Mohammadi Ashtiani’s life, it is making a bid for a position on the board of the newly-created UN Women agency that was created to promote women’s equality.”

Mohammadi Ashtiani, a widow and mother of two, was initially sentenced to execution by stoning for a conviction for adultery. Following international condemnation, her execution was suspended in July, pending review by the Iranian judiciary. While in detention, Mohammadi Ashtiani has reportedly been subjected to torture and mistreatment, and forced to falsely confess.

Mohammadi Ashtiani’s family and close associates have also been harassed and targeted by government authorities. Mohammadi Ashtiani’s lawyer Mohammad Mostafaei, a prominent criminal defense attorney and a human rights activist, was threatened with arrest by Iranian authorities in retaliation for comments he made to the international media in support of his client. He was forced to flee the country. On October 10, 2010, Mohammadi Ashtiani’s other lawyer, Houtan Kian, and her son, Sajjad Ghaderzadeh, were reportedly arrested in Kian’s law office in Tabriz, Iran for speaking with two German journalists about Mohammadi Ashtiani’s case. Kian, Ghaderzadeh and the foreign journalists remain in detention.

On November 1, the International Campaign Against Stoning reported that Mohammadi Ashtiani would be executed by hanging yesterday. While her execution appears to have been delayed, reports indicate that the implementation of the sentence is imminent.

Under Article 83 of Iran’s Islamic penal code, individuals found guilty of adultery may be sentenced to death by stoning—this punishment falls disproportionately on women. Currently at least ten people—including both women and men—are awaiting execution by stoning for adultery convictions in Iran.

IHRDC’s recently published report entitled Silencing the Women’s Rights Movement in Iran documents the arrests and detentions of women’s rights activists and lawyers who defend women’s rights, following the disputed presidential election of last year.  The harassment of Mohammadi Ashtiani’s former lawyer, Mohammad Mostafaei, by Iranian authorities is also chronicled in the report.

The report is available in English on IHRDC’s website here.

The Persian translation of the report is available here.

IHRDC is a nonprofit organization based in New Haven, Connecticut that was founded in 2004 by a group of human rights scholars, activists, and historians. Its staff of human rights lawyers and researchers publish comprehensive and detailed reports on the human rights situation in Iran. The reports and database of documents relating to human rights in Iran are available to the public for research and educational purposes on the Center’s website at www.iranhrdc.org.

Execution by Stoning Imminent in Ashtiani Case

By Eric C. Sigmund
Impunity Watch Reporter, Middle East

TEHRAN, Iran – Despite the best efforts of the international community to stop the execution of Sakineh Mohammedi Ashtiani, an Iranian woman sentenced to death for committing adultery, it now appears that her execution is imminent.   If the government moves forward with its plan to execute Ashtiani, she will be stoned to death.  To make matters worse, both Ashtiani’s son and lawyer have been detained by the government since October 10.  Now Amnesty International is renewing its call to stay the execution but fears that these additional detentions may make it impossible to defend Ashtiani. 

Ashtiani May be Executed as Early as Today (Photo Courtesy of CBC News)
Ashtiani May be Executed as Early as Today (Photo Courtesy of CBC News)

Nations throughout the world have joined together to condemn Ashtiani’s sentence, calling death by stoning “barbaric” and “inhumane.”  Facing intense international pressure, the government of Iran temporarily suspended the stoning punishment in favor of execution by hanging but has since reaffirmed the original verdict.  Government officials however, contend that the leadership has not yet made a final decision on the matter.  Despite its rhetoric, Tehran’s position is quite clear.  Responding to criticism, Mr. Ramin Mehmanparast, a Foreign Ministry representative stated “[t]they (the West) have been so shameless that they have turned the case of Ms. Ashtiani, who as committed crime and treason, into a human rights case against our nation.” 

Although reports have confirmed that she has not yet been executed, the International Committee against Stoning (ICAS) warned that Ms. Ashtiani’s execution might take place as early as today.   Ms. Ashtiani has already faced punishment by suffering 99 lashes in front of her son.   Despite this abuse, officials indicate that she is currently in good health.

Even if she escapes her stoning punishment, Ashtiani still faces further criminal penalties for her alleged involvement in the murder of her husband.  Under Sharia law, if found guilty, Ashtiani would face death by hanging.  Although her lawyer Houton Kian calls the charges ”bogus,” he will be unable to challenge these accusations if the government continues his detention.  Despite these difficulties, the ICAS expressed its commitment to freeing Ashtiani, her son and her lawyer and has been able to raise significant contributions for their defense.  Although the Iranian leadership may step back from its staunch support of stoning punishments it will likely seek to execute Ashtiani by other means. 

For more information, please see:

The Australian – Iran Lashes Out at West Over Ashtiani Stoning Outrage – 4. Nov. 2010

The Washington Post – Amnesty Urges Iran to Free Stoning Case Detainees – 4 Nov. 2010

Sify News – Iran Says ‘no final Decision Taken on Stoning to Death’ Woman’s Execution – 4 Nov. 2010

New York Daily News – Iranian Woman Sakineh Mohammadi Ashtiani charged with Adultery, Murder, and Will Likely Die by Hanging – 3. Nov. 2010

Arranged Marriage Has 3 and 5-Year-Olds Engaged in Syria

By Eric C. Sigmund
Impunity Watch Reporter, Middle East

DAMASCUS, Syria – Two children in Syria, a boy of five-years-old and a girl of three, became engaged last week after being forced into the relationship through an arranged marriage. The children’s parents contend that both children consented to the engagement and that they love each other.  Although the parents of the children say that there will be no formalization of the marriage for at least a decade, the issue of arranged marriages has again received international attention. 

Khalid, 5, and Hala, 3 Engaged to be Married (Photo Courtesy of New York Daily News)
Khalid, 5, and Hala, 3 Engaged to be Married (Photo Courtesy of New York Daily News)

The boy’s father reported that he vowed to have his son, Khalid, engaged by the age of five and claims that his son fell in love with the girl, Hala, on a family trip.  He explained that after their encounter, both children suffered from “loneliness” when they were apart.  After returning home, Khalid refused to return to his day care center unless Hala attended with him reported the boy’s father.  Khalid’s parents note that their son’s new fiancé felt similar symptoms and that upon discussing the matter with Hala’s parents, agreed that the children should be engaged.

Arranged marriages are common in the region and often involve negotiations for the exchanged of goods or favors for a promise to marry.  Khalid’s father told Gulf News that he will “bear the education expenses of both the children till they graduate.”

Both families are facing growing criticism from within and outside of the country.  Articles in numerous Syrian newspapers and online discussion forums expressed their disapproval of the engagement.  “How can these idiotic and clearly blind parents not see that they are merely encouraging the destruction of their children’s childhoods?” comments one woman on an online forum.  But Forward Magazine, a Syrian magazine written in English, notes that Syrian marriages are traditionally arranged at an early age.  Typically, when a boy reaches puberty, his mother will search for a suitable female, usually younger than their son, to be his wife explains the magazine.  Despite the prevalence and custom of arranged marriages in Syria however, the ages of Khalid and Hala makes this case very unique. 

The United Nations has recommended that nations set a minimum age for marriage at 18 for both men and women, warning that child marriages often reinforce poverty and low education.  A number of international human rights agreements protect children from underage marriages however, enforcement of these agreements is often lax especially when a society’s customs and beliefs are implicated.

Khalid’s father notes that it is possible that the children may change their minds when they are older but failed to comment on whether the engagement could be broken off.  “We know that Khalid or Hala might change their mind in the future” states Khalid’s father “but what we do know at this stage is that they are very happy and talk to each other everyday.” Khalid is waiting until he is 15 to marry Hala.

For more information, please see:

CBS News – Syrian Boy, 5, Engaged to Girlfriend, 3 – 25 Oct. 2010

Huffington Post – Syrian Boy, 5, Proposes to 3-Year-Old Girlfriend – 25 Oct. 2010

New York Daily News – Boy, 5, Engaged to Girl, 3, in Arranged Marriage in Syria – 25 Oct. 2010

Gulf News – Five-Year-Old Khalid Pops the Question to Hala, Three – 21 Oct. 2010

Media Freedom Suffers in Tajikistan

By Eric C. Sigmund
Impunity Watch Reporter, Middle East

DUSHANBE, Tajikistan – The Organization for Security and Cooperation in Europe (OSCE), Europe’s primary human rights body criticized the government of Tajikistan on Monday for its mistreatment of independent media in the country.  OSCE representatives announced that the government has failed to comply with its media freedom commitments by “blocking websites, preventing newspapers from printing and launching tax or prosecutorial inspections” against media providers. 

In a statement to the Tajik government, the OSCE urged the government to re-open foreign and internet media sources.  At least three major regional news websites have been shut down since September 29th.  Internet providers were ordered to block certain websites after the Tajik government issued a directive demanding that restrictions be imposed on those media providers which the government deemed to contribute to unrest in the country.  The Tajik government is currently conducting an intense counter-terrorism offensive against Islamic militants in the country.  One internet provided commented “[w]e are trying to objectively report on the unrest in the east but clearly some officials do not like this. “

The OSCE further noted that government pressure has also resulted in the censor of printing houses, several of which have been forced to stop printing independent newspapers.  Although these organizations report that technical failures are to blame for their decision to stop printing certain papers, the OSCE remains unconvinced and believes that the government used threats of tax inspections to coerce printing houses into submission. 

Representatives from the OSCE stressed the importance of free and open media and encouraged the government to “reverse the ongoing deterioration of the media freedom situation in Tajikistan.”  Tajik authorities however, have denied any wrongdoing and argued that national legislation does not prevent the regulation of internet media.  “As for newspaper” stated a government representative “no newspapers were shut down, while the suspension of some of them is due to purely technical problems.”  Despite international pressure, the government remains unpersuaded by the OSCE’s concerns and may take additional steps to censure and regulate media as it continues its fight against militant forces in Tajikistan.    

For more information, please see:

Moscow Times – Tajiks Urged to Stop Attacks on Free Media – 20 Oct. 2010

Radio Free Europe / Radio Liberty – OSCE Warns Media Pluralism in Tajikistan in Danger – 18 Oct. 2010

Reuters Africa – OSCE Urges Tajikistan to Stop Attacks on Free Media – 18 Oct. 2010

Agence France Presse – Tajikistan Blocks Internet sites Amid Unrest – 11 Oct. 2010

Kurdish Defendants Denied Rights at Trial

By Eric C. Sigmund
Impunity Watch Reporter, Middle East

ANKARA, Turkey – Kurdish-Turkish relations have grown tense since Monday’s court decision to prohibit Kurdish suspects the ability to respond to prosecutor’s questions in their native language during trial. The ruling comes after a plea by 150 Kurdish detainees currently standing trial for their alleged links to a guerilla terrorist organization within Turkey, to defend themselves in Kurdish.  The suspects asked the court to allow them to respond to questions in Kurdish as an expression of their identity.  The court refused their request fearing such an allowance would grant rights not afforded Kurds in Turkey.

Hundreds of protestors come out to support Kurdish suspects (Photo courtesy of BBC News)
Hundreds of protestors come out to support Kurdish suspects (Photo courtesy of BBC News)

This decision highlights the social and political tensions underlying the Kurdish-Turkish relationship in the country.  Since 1984, Kurdish guerilla groups have killed tens of thousands of Turkish citizens as they seek autonomy from Turkey.  The Turkish government has been relatively successful in suppressing the guerilla fighters, strengthening its resolve to punish rebel fighters and supporters, as well as, the government’s methods of subordinating and managing the Kurdish population.

Responding to criticism stemming from Monday’s court decision, the government claimed that it has been working with the Kurdish minority to grant them more cultural rights, such as the ability to broadcast Kurdish television programs.  The government however, has been hesitant to engage in meaningful dialogue with the Kurdish population over a wider range of social rights.  In particular, the government continues to reject demands by Kurds to include education in Kurdish in state schools.  The government has defended these moves by claiming that such an expansion of rights and liberties could divide the country along ethnic lines. 

Gultan Kisanak, deputy head of the Peace and Democracy Party noted the importance of this trial, stating“[t]his trial will tell us a lot about whether this country wants to improve its democracy and whether it has any intention to solve the Kurdish problem through peaceful means.”   A senior Kurdish rebel commander threatened to end the most recent cease-fire agreement with the government at the end of the month if the government does not take steps to bolster Kurdish rights.  The commander, Murat Karayilan, told a British newspaper that “[w]e will wait another 15 days.  If something positive develops, we will extend the unilateral case-fire.  If there are no concrete steps, we will evaluate developments and do what we have to do to defend ourselves.”

Although there have been a number of skirmishes between Kurdish and Turkish forces since the August cease-fire, there is a growing concern that a resumption of full armed conflict may be imminent.  Observers contend that the government is preparing an intensive campaign to eradicate Kurdish rebel forces throughout the country.  Mr. Karayilan acknowledges that such an initiative may be in the final planning stages but remains firm that “[i]f attacks are carried out, all the Kurdish people will be part of the defense strategy.”   15 days may now be the only thing that stands in the way of a brutal conflict in Turkey.

For more information, please see:

BBC News – Turkish Court Rejects Kurdish Hearing Plea – 19 Oct. 2010

Canadian Press – Turkish Court Refuses to Allow Kurdish Suspects to Defend Themselves in Kurdish Language – 19 Oct. 2010

The Independent – Kurdish Rebels Tell Turkey: Keep Your Promises or Cease-fire is Over – 19 Oct. 2010

Reuters – Turk Court Rejects to Use Kurdish in Trial – 19 Oct. 2010