PUBLIC
    AI Index: MDE 13/007/2005
    15 February 2005

    Further Information on EXTRA 65/02 (MDE 13/012/2002, 16 August 2002)

    Medical concern

    IRAN

    Nasser Zarafshan (m) aged 59, Human rights defender and lawyer

    Human rights defender and lawyer Nasser Zarafshan is being refused extended leave from Evin prison by the Tehran prosecutor, despite the fact that he requires medical treatment for a long standing kidney problem. Amnesty International is concerned that his health could further deteriorate.

    Both the prison authorities and Nasser Zarafshan's doctor are in support of him receiving treatment, and have granted him 24 hour leave from the prison. However, Said Mortazavi, the Tehran Prosecutor, is refusing to give his permission in contravention of Article 291 of the Iranian Criminal Procedure Code.

    On 2 December 2004 Nasser Zarafshan’s health deteriorated after a severe kidney inflammation and he was hospitalized in Evin Prison. On 6 December his lawyer, Shirin Ebadi, reportedly asked for him to be hospitalized outside the prison. Nasser Zarafshan has been allowed out on three occasions, but has never been granted enough time to seek adequate medical treatment.

    On 19 March 2002, a military court sentenced Nasser Zarafshan to five years' imprisonment and 70 lashes following his conviction in a secret trial before a military court. He was given two years for publicizing state information, three years for possession of firearms and 70 lashes for illegally possessing alcohol. He was also banned from practising law, an act which only a disciplinary court for lawyers is legally permitted to undertake. On 16 July 2002 Tehran’s appeals court upheld his sentence and he began his five year’s imprisonment on 7 August 2002. The Supreme Court reportedly upheld his sentence on 25 November 2003.

    Nasser Zarafshan had been charged in connection with disseminating ''confidential information'' relating to a controversial and widely publicised legal case involving his representation of the family of political activists who were murdered in 1998 as part of what is known in Iran as the ''serial murders'' case. He was also charged with having weapons and alcohol at his law firm following a search of his office carried out while he was in detention and without the presence of his lawyer.

    Nasser Zarafshan featured in the 2004 Greeting Cards campaign and has told Amnesty International that he was “astonished” to receive these cards, and that “they had a big effect; they create hope and courage”. He added “one cannot measure the effect that the cards had on the authorities”, and that the prison administration is more or less ‘on his side’.

    RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in Persian, English, French or your own language:
    - expressing concern for the health Nasser Zarafshan, who reportedly suffers from a long standing kidney problem;
    - urging the judicial authorities to grant him immediate and unconditional access to the medical treatment that he needs;
    - stating that Amnesty International considers Nasser Zarafshan to be a prisoner of conscience, arrested solely for the peaceful expression of his beliefs;
    - expressing concern that Nasser Zarafshan was convicted after an unfair trial and calling for his immediate and unconditional release.

    APPEALS TO:

    Leader of the Islamic Republic
    His Excellency Ayatollah Sayed ‘Ali Khamenei
    The Presidency,
    Palestine Avenue, Azerbaijan Intersection,
    Tehran, Islamic Republic of Iran
    Fax:+ 98 21 649 5880 (please mark ‘For the attention of the Office of His Excellency, Ayatollah al Udhma Khamenei, Qom)
    Email: info@wilayah.org
    Salutation: Your Excellency

    Head of the Judiciary
    His Excellency Ayatollah Mahmoud Hashemi Shahroudi
    Ministry of Justice, Park-e Shahr,
    Tehran, Islamic Republic of Iran
    Email: irjpr@iranjudiciary.org (mark 'Please forward to HE Ayatollah Shahroudi')
    Salutation:Your Excellency

    President
    His Excellency Hojjatoleslam val Moslemin Sayed Mohammad Khatami
    The Presidency, Palestine Avenue,
    Azerbaijan Intersection,
    Tehran, Islamic Republic of Iran
    E-mail: khatami@president.ir (please resend your message if it does not get through the first time)
    Salutation: Your Excellency

    Speaker of Parliament
    Gholamali Haddad Adel
    Majles-e Shoura-ye Eslami (Parliament)
    Imam Khomeini Avenue,
    Tehran, Islamic Republic of Iran
    Fax: + 98 21 646 1746
    Salutation:Dear Sir

    Human Rights Department, Ministry of Foreign Affairs
    Chairperson,
    Human Rights Office
    Ministry of Foreign Affairs
    Sheikh Abdolmajid Keshk-e Mesri Avenue
    Tehran
    Islamic Republic of Iran
    Email: matbuat@mfa.gov.ir (please ask for the message to be forwarded to the Human Rights Department)
    Fax: + 98 21 390 1999
    Salutation: Dear Sir

    and to diplomatic representatives of Iran accredited to your country.

    IRANS AMBASSAD
    BOX 6031
    181 06 LIDINGÖ
    FAX 08-765 31 19

    PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 29 March 2005.

    Source: Amnesty International, International Secretariat,
    1 Easton Street, WC1X 8DJ, London, United Kingdom