The Case of Siyamek Mirzayi

 

  Association Arc pour la défense des droits de l’homme, des revendications Démocratiques & culturelles du peuple azerbaidjanais – Iran – « ArcDH »Arc Association for the defence of human rights and democratic claims / Culture of Azerbaijani people in Iran “ArcHR Ərk Birliyi – İnsan Haqlarını Savunan və Demokratik Tələbli Birlk / Güney Azərbaycan Mədəniyyəti – İran “Ərk-İH”

Communication Update 2 for the Case of Mr. Siyamek Mirzayi

On the 15th day of his hunger strike, this is Update 2 submitted for your attention to Communication 1 (ArcDH /2017/002.0 – UN) on 9 January 2017 and Update 1 (ArcDH /2017/002.01– UN) on 22 April 2017. The amended chronology of this case is given in Table 1, below. The arbitrary treatments by the Iranian authorities against Mr. Mirzayi know no bounds. They kept postponing the date of his trial for his appeal court but Mr. Mirzayi wants to claim his dignity and therefore he has no choice to resort to hunger stike. The particulars of this update are as follows:

  • 21 January 2017: Golestan Revolutionary Court passed an arbitrary sentence against Mr. Mirzayi comprising a 10 year sentence against forming an illegal organisation to undermine the security of the country plust 2 years of banishment to Tabas. This was passed in writing to Mr. Mirzayi’s lawyer, Mr. Jafar Afsharniya and Mohammad Ali Azizi.
  • 7 February 2017: An appeal was lodged by Mr. Mirzayi’s lawyer, Mr. Mehemmedrza Feqihi in Golestan Revolutionary Court, Tehran.
  • 17 June 2017: After a series of posponement of his appeal court, he resort to hunger strike

His family campaigning for his release and now massive campaign is underway by Azerbaijani activists. In particular, we would like to draw your attention to the campaign by Mr. Mirzayi’s father, Mr. Qedir Mirzayi. The translation of his father’s statement is given in Box 1 below, which he revealed that the authorites are telling him Mr. Siyamek Mirzayi’s file was lost and therefore the appeal court could not be carried out. This reveals the exact dimensions of arbitray conducts of justice affairs by the Iranian authorities. We hope you will particularly take note of this statement.

Box 1: Translation of Mr. Mirzayi Father’s Statements

We rally for your campaign to ensure the immediate and unconditional release of this conscientious prisoner of conscience and a law-abiding citizen who has probably never broken any law.

We express our gratitude in advance for your care.

For and on behalf of ArcDH

Mrs. Jaleh Razmi

President of ArcDH

Table 1 The Arbitrary Case Brought against the Siyamek Mirzayi by the Iranian Authorities

Dates

Description

Update 2 Submitted in 2 July 2017

   
28 June 2017 11th day of hunger strike: So far the prison authorities have called Mr. Mirzayi twice for empty promises but Mr. Mirzayi is only intereted on binding acts and not promises. In these 11 days, he lost 10 kilos and his weight has fallen from 77 kilo to 67 klo.He is only accepting water. His conditions are mnitored everyday at 21.00 p.m.
17 June 2017 The Iranian authorities failed to act legitimately towards Mr. Mirzayi’s right and therefore he resorted to a hunger strike. He started his hunger strike at 22.00 p.m.
16 June 2017 He was summoned by the prison authority and was asked for the reason to the hunger strike. Mr. Mirzayi had given a detailed account of arbitrary measures by the various Iranian authorities to victimise him.
16 Jun 2017 Mr. Mirzayi has written a letter to the prison authority that if his appeal proceedings are not in order he will resort to a hunger strike from 17 June. The responsibility for this ultimate action are fully and squarely with the prison and other Iranian authorities that are subjecting him to arbitrary treatements.
30 May 2017 Mr. Mirzayi’s lawyer sent a letter to the court authority related to the postments. Mr. Mirzayi has said if the proceedings are not in order, he will resort to a hunger strike.
19 May 2017 The appeal court was again postpoed by the Iranian authorities but no new date was issued.
  Iranian authorities postponed the date of Mr. Mirzayi appeal court17 Apr. 2017
24 Apr 2017 Iranian authorities let Mr. Mirzayi know the date of his appeal court. This will be on 26 Apr 2017
19 Apr 2017 Security agents threatened Mr. Mirzayi’s family member
10 Apr 2017 He was issued with bail for a temporary release for the surety of 1 billion Tumen (Tooman). But he was not released.

Update 1 (ArcDH /2017/002.1 – UN) submitted on 9 April 2017

8 Apr 2017

It has been announced that the Appeal court to Mr. Mirzayi’s arbitrary sentence will be held in Tehran Appeal Court, Branch 26 headed by Judge Hojjet-ul-Islam Zerger but no date is specified.

2 Apr 2017

Massive support from up-and-doün Azerbaijan in protest to arbitrary sentence passed against Mrş Mirzayi (https://www.gunaz.tv/az/xeberler/insanhaqlari-2/azerbaycanli-feallar-baresinde-cixarilan-hebs-qerarina-etirazlar-artir-goruntu-93072)

7 Feb 2017

An appeal was lodged by Mr. Mirzayi’s lawyer, Mr. Mehemmedrza Feqihi in Golestan Revolutionary Court, Tehran. He stated afterwards that the head of this court rejected temporary release of Mr. Mirzayi even after meeting a hefty surety of one billion Rial.

29 Jan 2017

The Iranian authorities prevented the temporary release of Mr. Mirzayi

21 Jan 2017

Golestan Revolutionary Court passed an arbitrary sentence against Mr. Mirzayi comprising:

  • A 10 year sentence against forming an illegal organisation to undermine the security of the country plust 2 years of banishment to Tabas.

  • This was passed in writing to Mr. Mirzayi’s lawyer, Mr. Jafar Afsharniya and Mohammad Ali Azizi.

As Per Communication 1 (ArcDH /2017/002.0 – UN) submitted on 9 Jan 2017

14 Jul 2016

Was arrested in his workplace at the town of Parsabad, in the Erdebil province by security agents of the Ministry of Information. They then searched his house and confiscated his books and computer. He was then taken to an undisclosed place.

15 Jul 2016

Transferred to Section 209 of the notorious Evin prison in Tehran.

15 Aug 2016

After one month of arbitrary detention, his wife searching for any information about her husband learnt from Judge Rajabi that the detention period was extended by one month further. This was despite the earlier statement by the judge that Mr. Mirzayi would be released as soon as his 31 day of detention ended. The Judge had indicated that the charge would probably be “contacts with aliens” but in this period, no charges were brought against him.

In this period, he had only one telephone call to his wife.

24 Aug 2016

Had a telephone contact with his wife, during which he informed her that he was transferred from the solitary confinement to Cell 123 of the General Prison. In this period, his was under intensive interrogation.

14 Sep 2016

The judge dealing with Mr. Mirzayi’s case had stated that the Ministry of Information requires 10 billion Riyal surety for the release of Mr. Mirzayi on bail. This decision will be issued later in 24 September 2016 to his wife. This is because, he will be travelling before then!

5 Oct 2016

The unusually high surety required by the court in Golestan, Tehran, was provided by Mr. Mirzayi’s relatives but the Ministry of Information prevented the release. At the same time, his family has had no information from Mr. Mirzayi over the last one month since his last telephone contacts. As his family member keep taking every possible step to ensure the release of their loved one, Mr. Mirzayi’s father had come face to face with the Ministry of Informations agents, who had said that currently the prisoner is kept as the guest of Ministry of Information”

30 Oct 2016

The trial was held in the Revolutionary Court, Golestan, Tenran headed by Judge Rajabi. The Charge was: “communications with aliens” we presume this to mean foreigners. According to the statements by Mr. Mirzayi’s father, this prisoner of conscience had stated that his son:

  • defended his cultural activities;
  • regarded his detention as illegal, arbitrary and a falsified case
  • had lost a lot of weight and his body had weakened severely
  • the revolutionary court dealing with this case was then to be transferred from Golestan to Islam Shahr. According to Judge Rajabi this was arranged by the Ministry of Information so that their experts can have an eye on the victim. Both of these cities are more than 700-800 km from the home city of Mr. Mirzayi and extremely inconvenient for him and his family.

Charge 1: Correspondence with ‘Aliens’ (presumably with foreigners)

The trial cleared Mr. Mirzayi from the charge after five hours of trial. During the trial, Judge Rajabi had told his father that his temporary release was prevented by the security agents of the Ministry of Justice.

There is apparently Charge 2 as follows:

Charge 2: “Forming and managing a group with the intention of upsetting the security in the country.” Awaiting trial

12 Nov 2016

Transferred from Section 209 of Evin prison to its quarantine section

1 Dec 2016

Was given the indication for the date of the trial after 6 months of arbitrary detention. The trial will be at the Revolutionary Court in the town of Baharstan (some 700-800 km away from his home). The trial will be headed by the Head of Court of Justice, Judge Hassani.

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