(turkcə ve ingilisce)

حمید والائی، )آذربايجانلي میللی چالیشقان) طرفيندن

شرقي آذربایجان حوقوقشوناسلار آسسوسياسيياسي نين اينسان حوقوقلاري اوزره کوميسسيياسي نين عاليجناب باشچيسينا  آچيق مکتوبو

 حمید بی والائی اوچون آچیلان وئبلاگین چالیشانلاری طرفیندن

www.hamid-valayi.blogfa.com

vakil.az@gmail.com

Azarbaijani Activist Campaigns for His Civic, Legal, and Personal Rights

Open Letter by Hamid Valai, Azerbaijani Activist

Letter text: (EN-ingiliscə)

In the Name of God

To the honorable Head of the Human Rights Commission of

 the Eastern Azerbaijan Bar Association,

Greetings

I, Hamid Valai, graduate in judicial law, having passed the exam for the Eastern Azerbaijan Bar Association in 2007, respectfully submit that the Intelligence Office in Tabriz repeatedly summoned my family members and orally threatened them in order to force them to turn me in to that office. I turned myself in on July 15, 2008 to room number 37 (of the News Department of the Intelligence Office at the entrance to Tabriz Prison) and was thereupon taken into custody illegally without clarification of charges against me and without presentation of written subpoena or written arrest warrant.

During my 13-day illegal, solitary confinement in a detention cell of the Intelligence Office, I was subject to severe interrogation accompanied by mental pressure and was physically tortured by the interrogator so badly that some of my teeth are broken and my gums swollen and injured. I also sustained injuries to my right leg and head. I was beaten unconscious a number of times during the torture and I now suffer from dizziness and acute headaches. After the above mentioned torture I requested admittance to the legal medical clinic (Pezeshki-ye Qanuni) for medical treatment but my requests were denied.

After being transferred to Tabriz Prison I had some correspondence with the judicial authorities, including the interrogator of the (interrogator of the 4th Branch of the Public Court of Tabriz) concerning specialized medical treatment for myself and my transfer to the legal medical clinic (to file a record of the torture marks), but again all of the requests were simply brushed off.

Following their consent to my release from Tabriz Prison (on bail) after a few days, and as a result of the insistence of my family and myself, I was eventually allowed to file a suit against the Intelligence Office and present myself to the legal medical clinic.

It should be pointed out that last May (2008), despite my having passed the test for the Eastern Azarbaijan Bar Association, after I had gone through the legal procedure, and at the stage when my training license was to be issued, I was disqualified illegally by the Intelligence Office of Tabriz (without having any crime record or earlier penal convictions), and after the disqualification letter was sent by the above mentioned office to the Lawyers Bar of the East Azarbaijan Province (Tabriz), authorities at the Association refused to issue my lawyer’s training license.

It should be noted here that the Association being required to submit to a review of award of certification by the Intelligence Office and fully complying with the decision made by the latter, contradicts the independence of the Lawyers Bar and is at odds with the law for obtaining a license to practice law. One cannot find any article according to which the Intelligence Office can summarily, and without legally acceptable evidence, prevent a license from being issued and question the independence of the Association. Should there be such an order it must be completely illegal and does not bear any legal validity.

I feel great pride in having attempted legally and in a civil manner to stop discrimination and injustice against the people of Azerbaijan, even though there may be people who cannot bear such resistance and try to quell this noble fight for justice through arrests, torture, and accusations of “campaigning against the regime.” Public awareness drives and efforts to gain back the trampled rights of the people of Azerbaijan should, in no way, be confused with subversive, anti-government activities or “campaigning against the regime.”

Perseverance in pointing out discrimination and fighting against it, cannot be considered a treacherous act. Any free human being's conscience will be troubled by discrimination and inequality, all the more so in the case of someone who, on his way toward justice in the fight against discrimination, arrives at a stage where he has to remain faithful to the principles of justice, human honor, and defense against the trampled rights of a people.

I have firm conviction in the correctness of my actions and that I am on the right path to justice. If certain individuals wish to prevent me from practicing law by disqualifying me, they should know that I have taken my oath to seek justice long before receiving my lawyer’s license. This is an oath of much greater value than my professional oath and is based on the code of honor, justice, and belief in the court of human conscience.

Therefore, with regards to the fact that, in order to claim my individual, civil, and legal rights, I have brought my lawsuit and protest before the competent authorities and in view of my own (in addition to my lawyer, Mr. Naghi Mahmudi) specialty in, and familiarity with, the law and my personal involvement in the preparation of the lawsuit, I request this respected commission as an authority for defending human rights, to defend my legal and human rights through their legal support.

My expectations of the respected commission are as follows:

• Following up on the development of the case of accusation by attempting to defend my rights from all aspects against the groundless accusation of campaigning against the regime, and attempting to obtain a court order stopping surveillance of me and the restoration of my reputation.
• Following up on the development of my case against the illegal actions taken by the Intelligence Office concerning illegal detention and crimes committed by the interrogator in relation to tortures inflicted on me.
• Appealing to the members of the Eastern Azerbaijan Bar Association (Tabriz) to convince them to legally oppose the illegal decision made by the Intelligence Office to disqualify me, and to cancel that order and also to approve my lawyers' training license.

With thanks,

Hamid Valai

Copies to:

Office of the Head of the Judiciary (Ayatollah Shahrudi)

Office of the President (Mr. Ahmadinejad)

International Lawyers Bar

The Legal Institute of the International House of Lawyers

The United Nations Committee for the Prevention of Torture

The International Institute against Torture

Amnesty International

The Organization for Defending Human Rights, "Frontline"

UN Office of High Commissioner for Human Rights

Human Rights Watch

European Court of Human Rights

PEN International

COMMUNICATION 1: THE CASE OF HUMAN RIGHT DEFENDER, MR. HEMID VALAYI

 Mr. Valayi was arrested on 16 July 2008 and was released temporarily on 28 July 2008 for medical treatment following physical and mental torture that he was subjected to by the Iranian authorities. The past experience shows that these temporary releases in Iran does not mean much as the victims are gagged when they are arrested once through an indefinite series of trials and detentions.

We would like to stress that in compiling this Communication, we have not consulted with Mr. Valayi, his family or his lawyer. They may raise a complaint

No: 499/2008
Date: 5 August 2008

The Office of High Commissioner for Human Rights, Geneva,

Please circulate this Communication to the Special Representative of the Secretary-General on human rights defenders, also this to:

• Special Rapporteur on the independence of judges and lawyers
• The Working Group on Arbitrary Detention
• Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
• The Independent Expert on Minority Issues

CC: Mrs. Harrison, Amnesty International, London

Also: Human Rights Watch and Human Rights Server

S. Azerbaijani human right defender/lawyer: Hemid Valayi
Hemid Valayi temporarily released after being tortured

Dear sir/madam

COMMUNICATION 1: THE CASE OF HUMAN RIGHT DEFENDER, MR. HEMID VALAYI

Please find enclosed Communication 1 for the defence of human rights of Mr. Hemid Valayi, who is a Southern Azerbaijani lawyer and a human rights defender and was detained arbitrarily and tortured by Iranian authorities. The documents provided for your attention are*:

Table 1: The Communication form for the Special Representative of the Secretary-General on human rights defenders, using confirmed and published information; and

Table 2: The translation of a letter written by his father to the Iranian Minister of Justice, campaigning for justice to his son.

Mr. Valayi was arrested on 16 July 2008 and was released temporarily on 28 July 2008 for medical treatment following physical and mental torture that he was subjected to by the Iranian authorities. The past experience shows that these temporary releases in Iran does not mean much as the victims are gagged when they are arrested once through an indefinite series of trials and detentions.

We would like to stress that in compiling this Communication, we have not consulted with Mr. Valayi, his family or his lawyer. They may raise a complaint as indicated in Table 2 but our action purely stems from our duty of care. This statement is necessary to manage the risk of reprisal by the Iranian authorities.

Mr. Valayi is only one of Southern Azerbaijani students/academics who suffered an ongoing wave of repression. The reinstatement of his human rights is only possible through your campaign. Thank you in advance for your care.

Yours faithfully,
Mr. Eli Tashkent
The Committee for the Defence of the Rights of World Azerbaijanis

In the name of the Almighty God

The Honourable Chief of the Judiciary, Ayatollah Shahroudi,

I would respectfully like to bring to your attention that my son, Hemid Valai, was summoned to present himself to the office of the Ministry of Information in Tebriz by repeated by telephone calls and direct calls of security agents to our home. I personally accompanied him to the said office on 16 July 2008, where after preliminary interrogations he was put under detention. As a graduate of Faculty of Law, Hemid has written many articles on legal and social topics. Also, despite his success in professional examinations for lawyers, he was branded as unsuitable to practice in legal profession by orders from the Ministry of Information.

Following his detention, all attempts by our family members, including myself, were in vain to learn of his whereabouts and the charges brought against him. One exception was that, a very brief telephone contact was made by him on 18 July 2008 in which, we only managed to ask him how he generally felt since the arrest.

In spite of our repeated attendance to the enquiry section of the office of the Ministry of Information in Tebriz asking for clear information, no steps were taken by the officials, in a background where the time passed day-by-day but we remained unaware of Hemid's mental and physical state and of the charges brought against him, as well as we kept reading very worrying information about him in the Internet.

The Honourable Chief of the Judiciary,

In accordance with Article 3 of Citizenship Rights which clearly states "no one will be arbitrarily charged without adequate reasons and proper indictment," we hold that there ought to be avoidance of the detention of the individuals, especially when there is insufficient information and no charges. Therefore, how can it be explained that the office of the Ministry of Information and the Ministry of Justice, which is under your control, have avoided the indictment of my son and kept me and our lawyer in dark? Is not obvious that as the security agents have no grounds and evidence for arresting the accused, but they are putting him under pressure in order to force him to confess to things that he has not committed and arbitrarily make a court case against him?

In accordance with the law of "Respecting Legitimate Freedoms of the Citizen" conferred on 5 May 2003 and Ratified by the Council of Protectors on 6 May 2004, any form of torture for obtaining information from the accused is illegal and therefore, the confessions obtained by such methods are void both on legal and religious grounds. However, regrettably according to the information received from reliable sources, now we know that at least in this occasion Hemid lost consciousness under physical and mental torture. We hold that, disallowing us to visit him was indicative of the severity of his physical condition inflicted by torture. Furthermore, as Hemid personally turned himself in to the custody of the office of the Ministry of Information while accompanied by myself, we hold this office fully responsible for his safety, be it mental or physical. Thus we hold that we will raise complaints to both authorities in the country and to international authorities, should anything happen to him.

During our meeting with the Prosecutor and his assistant in Tebriz, on the one hand he did not take any steps towards our concern and stated that, Hemid`s dossier did not contain any charges brought against him, but on the other hand he stated that: Hemid is not cooperating with security agents! If in the opinion of the above mentioned gentlemen, not cooperating with the agents means forcing to confess to things not committed by him, then this explains that the emerging news that he is under torture leading even to the loss of consciousness. Mr Shahrudi, this kind of investigation and forming dossier (or court cases) is illegal and void in accordance with international laws, the legal system in the country, Universal Human Rights Declarations, the law of Respecting Legitimate Freedoms of the Citizen and finally, according to your byelaws on  Citizens Rights.

The honourable Chief of the Judiciary, during last few days we were contacted by international and human rights organisations and foreign medias to participate in interviews which we have rejected as we were hoping that the usual procedures will come to an end and Hemid will be freed. But unfortunately and as we expected, the present situation proves otherwise. Therefore, we would like to request you to order the termination of the illegal procedures of the dossier and release immediately Hemid Valai from your arbitrary treatments, who always have been a law abiding citizen. Clearly should this situation continue, particularly if we remain unaware of his mental and physical state, we will have no option but to participate in interviews and contact international organisations.

Yours sincerely

Family of Hamid Valai

28 July 2008

Iran: Arbitrary Detention and Ill-Treatment of human rights defenders Hemid Valai, Sejjad Radmehr and Vedud Esedi

Hemid Valai

Front Line is concerned following reports that human rights defenders Hemid Valai, Sejjad Radmehr and Vedud Esedi have been arbitrarily detained and subjected to ill-treatment and torture. Hemid Valai is a human rights lawyer. Hemid Valai, Sejjad Radmehr and Vedud Esedi are all activists working to promote the rights of ethnic Azerbaijanis in Iran.

Further Information

Posted 08/08/2008 Hemid Valai was reportedly detained on 15 July 2008, after being summoned to the interrogation unit of the Ministry of Information in Tabriz. While in custody, Hemid Valai has reportedly been subjected to ill-treatment and torture. Following repeated requests from his family, he was transferred to a prison hospital to receive treatment for injuries allegedly sustained during his detention and was permitted to receive family visits. Reports indicate that Hemid Valai's two front teeth are broken, as are several of his ribs and his right leg, and that his jaw has been damaged. He also reportedly lost consciousness several times while in detention as a result of the beatings inflicted by authorities.

Sejjad Radmehr was arrested by security agents on 17 July 2008 at the entrance of Tabriz University following his defence of his graduate thesis. It is believed that the arrest was in connection with Sejjad Radmehr's conducting a peaceful sit-in of university students on 11 May 2008 in protest against his treatment by the university authorities, who had initially banned him from defending his thesis and in protest against arrests of human rights activists. Sejjad Radmehr is reportedly in incommunicado detention and no charges against him have as yet been made public.

Vedud Esedi was arrested on 22 July 2008 at his home in Rasht. Four security agents reportedly entered Vedud Esedi's home, conducted a search of the residence and confiscated his computer, several CDs and other personal belongings. Vedud Esedi's current whereabouts have not been confirmed by authorities but reports have indicated that it is probable that he has been transferred to Section 209 of Evin Prison in Tehran. According to information received, no charges have been publicly brought against him.

Front Line believes that the arrest and detention of Hemid Valai, Sejjad Radmehr and Vedud Esedi is directly related to their activities in defence of human rights, particularly in defence of the rights of ethnic Azerbaijanis in Iran. In light of reports of the ill-treatment and torture of Hemid Valai, Front Line fears for the physical and psychological integrity of Hemid Valai, Sejjad Radmehr and Vedud Esedi, and believes that their continued detention may form part of a campaign to restrict the work of ethnic Azerbaijani human rights defenders in Iran.

http://www.frontlinedefenders.org/node/1532