Mrs. Asam Jahangir, Dr. Ahmad Shaheed and some other UN human
rights experts and rapporteurs have communicated with the Iranian regime
concerning critical situation of Mr. Boroujerdi, the founder of monotheism
without borders. The rapporteurs have questioned the regime’s authorities
regarding the details of injustice misbehaviours against Mr. Boroujerdi who is
a popular spiritual teacher in Iran and violations of his human and civil
rights and they have demanded for explanation highlighting the international
standards and rules. Based on the internal UN laws, this letter have been
declassified after several months of the date of communication and recently has
been published.This is the eighth formal communication of UN rapporteurs concerning Mr. Boroujerdi. They have mentioned the previous communications in the recent letter and stated their concern about Mr. Boroujerdi’s health and security, legal procedures for his case and trial. They have asked the regime the reasons of continued detention of Mr. Boroujerdi under house arrest with 24 hour surveillance after his temporary release on January 2017.
They also questioned the regime
about the violation of his civil rights including banning Mr. Boroujerdi from
writing and distributing publications, delivering speeches, continuing his
teachings and organizing ideological or doctrinal meetings. For example, it is
written in this letter that “Mr. Boroujerdi, who has long advocated for
secularism in Iran, was sentenced to 11 years in jail in 2007 on charges
including “waging war against God” (Moharebeh) and acting against national
security, and he was defrocked. While in detention, he reportedly suffered
physical abuse, solitary confinement and other forms of repeated torture and
ill- treatment. Currently, eleven months remain on his sentence. We would like
to express concern about the placement under house arrest and the alleged
continuous harassment of Mr. Boroujerdi, which seems to be related to the
legitimate exercise of his right to freedom of religion or belief and freedom
of opinion and expression. We are particularly concerned about the allegations
of death threats by Iran authorities since his release from prison. In
addition, we are seriously concerned about his poor health condition, which is
reportedly the result of years in prison in unsanitary conditions with
inadequate nutrition and lack of appropriate health care.”
It is necessary to note that
unfortunately Mrs. Asma Jahangir, the UN Special Rapporteur on the
situation of human rights in the Iran,
has deceased on 11 February 2018, in Lahor, Pakistan. May his soul live in
peace
The letter is presented in below:
Mandates of the
Working Group on Arbitrary Detention; the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment; the Special
Rapporteur on the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health; the Special Rapporteur on freedom of
religion or belief; and the Special Rapporteur on the situation of human rights
in the Islamic Republic of Iran
REFERENCE:
UA IRN 25/2017
Excellency,
29 August 2017
We have the
honour to address you in our capacity as the Working Group on Arbitrary
Detention; Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment; Special Rapporteur on the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health;
Special Rapporteur on freedom of religion or belief; and Special Rapporteur on
the situation of human rights in the Islamic Republic of Iran, pursuant to
Human Rights Council resolutions 33/30, 34/19, 33/9, 31/16, and 34/23.
In this
connection, we would like to bring to the attention of your Excellency’s
Government information we have received concerning Seyed Hossein Kazemeini
Boroujerdi, an Iranian cleric, who has been placed under house arrest without a
judicial order after his release from prison on temporary medical leave on 4
January 2017, and who is reportedly facing continued intimidation and death
threats by Iranian authorities.
Mr. Boroujerdi
has been the subject of a number of previous communications, sent by several
Special Procedure mandate holders on 2 October 2014 (see case IRN 19/2014), on
10 July 2013 (IRN 11/2013), on 5 May 2010 (IRN 14/2010), on 3 June 2009 (IRN
16/2009), on 30 August 2007 (IRN 41/2007), and on 20 December 2006 (IRN
52/2006). We thank your Excellency’s Government for the reply received on 9
February 2015. Nevertheless, new information was received that raise serious
concerns.
Mr. Boroujerdi,
who has long advocated for secularism in Iran, was sentenced to 11 years in
jail in 2007 on charges including “waging war against God” (Moharebeh) and
acting against national security, and he was defrocked. While in detention, he
reportedly suffered physical abuse, solitary confinement and other forms of
repeated torture and ill- treatment. Currently, eleven months remain on his
sentence.
According to
the new information received:
Since Mr.
Boroujerdi’s release from prison on temporary medical leave on 4 January 2017,
he has been effectively placed under house arrest, notably in the absence of a
judicial order or oversight, and subject to intense pressure from the
authorities. His home in Tehran is reportedly under 24 hour surveillance and he
is
only allowed to
leave for medical appointments and hospital visits. He is not permitted any
visitors and he has reportedly been banned from writing and distributing
publications, delivering speeches, continuing his teachings and organizing
ideological or doctrinal meetings.
Mr. Boroujerdi
has been summoned to the court twice since his temporary release. On 15 April
2017, he was warned by the Special Prosecutor for the Clergy against making any
statements about the presidential elections or he would be returned to prison.
On 8 August 2017, he was questioned about an encounter in which some followers
and students visited him in the parking lot of a hospital where he had an
appointment. He was told that he would not be allowed to return to the hospital
again if he saw them. Officials from the court have reportedly paid frequent
visits to his house, threatening to kill him if he speaks to the media.
Mr.
Boroujerdi’s health condition is in a poor state. Since his release, he has
undergone tests and treatment, but continues to suffer from numerous health
conditions, including heart disease, kidney problems, severe arthritis, lumbar
herniated disc, and spinal stenosis. He has shortness of breath, numbness and
tingling in his hands and feet, back and leg pain, and has difficulty walking
and performing daily tasks. He collapses frequently. His poor health condition
is reportedly the result of years in prison in unsanitary conditions with
inadequate nutrition and lack of appropriate health care.
Prior to his
medical leave, Mr. Boroujerdi had to give written undertakings to three
separate security bodies that he would not talk to the media or participate in
gatherings of more than 10 people. He was reportedly denied specialized medical
care while in prison, despite being told prior to his release that he might
have a herniated spinal disc and should have a magnetic resonance imaging (MRI)
scan.
While we do not
prejudge the accuracy of the information received, we would like to express
concern about the placement under house arrest and the alleged continuous
harassment of Mr. Boroujerdi, which seems to be related to the legitimate
exercise of his right to freedom of religion or belief and freedom of opinion
and expression. We are particularly concerned about the allegations of death
threats by Iran authorities since his release from prison. In addition, we are
seriously concerned about his poor health condition, which is reportedly the
result of years in prison in unsanitary conditions with inadequate nutrition
and lack of appropriate health care.
We would like
to appeal to your Excellency’s Government to take all necessary measures to
guarantee their right not to be deprived arbitrarily of their liberty and to
fair proceedings before an independent and impartial tribunal, in accordance
with articles 9 and 14 of the International Covenant on Civil and Political
Rights (ICCPR).
We would like
also to appeal to your Excellency’s Government to take all necessary steps to
secure the right to freedom of opinion and expression in accordance with
fundamental principles as set forth in article 19 of the ICCPR, which provides
that “Everyone shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print, in the form of
art, or through any other media of his choice.”
We would also
like to refer to article 18 of the ICCPR, which stipulates that “Everyone shall
have the right to freedom of thought, conscience and religion. This right shall
include freedom to have or to adopt a religion or belief of his choice, and
freedom, either individually or in community with others and in public or
private, to manifest his religion or belief in worship, observance, practice
and teaching.”
With regard to
the alleged threats and intimidations against Mr. Boroujerdi, paragraph 8(a) of
the Human Rights Council resolution 16/23, recalls States that “Intimidation
and coercion, as described in article 1 of the Convention against Torture,
including serious and credible threats, as well as death threats, to the
physical integrity of the victim or of a third person can amount to cruel,
inhuman or degrading treatment or torture.”
With regard to
the allegations concerning the conditions under which Mr. Boroujerdi is
currently being held, we would like to remind your Excellency’s Government that
in accordance the Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment, “[a] detained or imprisoned person shall
have the right to be visited by and to correspond with, in particular, members
of his family and shall be given adequate opportunity to communicate with the
outside world.”
With regards to
Mr. Boroujerdi’s poor health condition, we would like to refer your
Excellency’s Government to article 12 of the International Covenant on
Economic, Social and Cultural Rights (ratified by your country on 24 June
1975), which provides for the right of everyone to the enjoyment of the highest
attainable standard of mental and physical health. This includes an obligation
on the part of all State parties to ensure that health facilities, goods and services
are accessible to everyone, especially the most vulnerable or marginalized
sections of the population, without discrimination.
We also wish to
refer your Excellency’s Government to General Comment No. 14 of the Committee
on Economic, Social and Cultural Rights, which holds that, “States are under
the obligation to respect the right to health by, inter alia, refraining from
denying or limiting equal access for all persons, including prisoners or
detainees, minorities, asylum seekers and illegal immigrants, to preventive,
curative and palliative health services...” (para.34). Furthermore, we would
also like to refer to the Basic Principles for the Treatment of Prisoners,
adopted and proclaimed by General Assembly resolution 45/111,
according to which
“Prisoners shall have access to the health services available in the country
without discrimination on the grounds of their legal situation” (principle 9).
We would like
to draw the attention of your Excellency’s Government to the Standard Minimum
Rules for the Treatment of Prisoners of 1977. Rule 22(2) provides that, “Sick
prisoners who require specialist treatment shall be transferred to specialized
institutions or to civil hospitals. Where hospital facilities are provided in
an institution, their equipment, furnishings and pharmaceutical supplies shall
be proper for the medical care and treatment of sick prisoners, and there shall
be a staff of suitable trained officers”. While Rule 25(1) provides that, “The
medical officer shall have the care of the physical and mental health of the
prisoners and should daily see all sick prisoners, all who complain of illness,
and any prisoner to whom his attention is specially directed.” With regard to
general conditions in prisons, Rule 10 holds that, “All accommodation provided
for the use of prisoners and in particular all sleeping accommodation shall
meet all requirements of health, due regard being paid to climatic conditions
and particularly to cubic content of air, minimum floor space, lighting,
heating and ventilation”. According to Rule 20(1), “Every prisoner shall be
provided by the administration at the usual hours with food of nutritional
value adequate for health and strength, of wholesome quality and well prepared
and served”.
The full texts
of the human rights instruments and standards recalled above are available on
www.ohchr.org or can be provided upon request.
In view of the
urgency of the matter, we would appreciate a response on the initial steps
taken by your Excellency’s Government to safeguard the rights of the above-
mentioned person in compliance with international instruments.
As it is our
responsibility, under the mandates provided to us by the Human Rights Council,
to seek to clarify all cases brought to our attention, we would be grateful for
your observations on the following matters:
1. Are the facts alleged in the summary of the case accurate?
2. Please provide information concerning the legal grounds for the
continued detention of Mr. Boroujerdi under house arrest with 24 hour surveillance
and how this is compatible with articles 9, 14, 18 and 19 of the ICCPR.
3. Please explain why Mr. Boroujerdi has not been allowed to receive
visits, communicate or meet with others.
4. Please explain the legal basis on which Mr. Boroujerdi had to give
written undertakings that he would not talk to the media or participate in
gatherings of more than 10 people.
5. Please clarify the legal justification for banning Mr. Boroujerdi
from writing and distributing publications, delivering speeches, continuing his
teachings and organizing ideological or doctrinal meetings. How are these bans
compatible with international legal standards that guarantee the right to
freedom of religion or belief ?
6. Please indicate what measures have been taken to guarantee the
physical and psychological integrity of Mr. Boroujerdi while being deprived of
his liberty by State authorities, so as to ensure that he is protected against
any form of abuse of power that may amount to torture or other cruel, inhumane,
degrading treatment or punishment as defined in the Convention Against Torture.
7. Please provide details of any measures taken to ensure adequate
living conditions and health standards, in particular access to adequate health
care and availability of essential medicines to Mr. Boroujerdi.
While awaiting
a reply, we urge that all necessary interim measures be taken to halt the alleged
violations and prevent their re-occurrence and in the event that the
investigations support or suggest the allegations to be correct, to ensure the
accountability of any person responsible of the alleged violations.
In addition, we
would like to draw your Excellency’s Government’s attention to paragraph 23 of
the methods of work of the Working Group on Arbitrary Detention, according to
which, “after having transmitted an urgent appeal to the Government, the
Working Group may transmit the case through its regular procedure in order to
render an opinion on whether the deprivation of liberty was arbitrary or not.
Such appeals - which are of a purely humanitarian nature - in no way prejudge
any opinion the Working Group may render. The Government is required to respond
separately for the urgent action procedure and the regular procedure.
Your
Excellency’s Government’s response will be made available in a report to be
presented to the Human Rights Council for its consideration.
Please accept,
Excellency, the assurances of our highest consideration.
Elina Steinerte
Vice-Chair
of the Working Group on Arbitrary Detention
Nils Melzer
Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment
Dainius Pūras
Special
Rapporteur on the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health
Ahmed Shaheed
Special
Rapporteur on freedom of religion or belief
Asma Jahangir
Special
Rapporteur on the situation of human rights in the Islamic Republic of Iran
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