Saturday, July 31, 2010

Human rights lawyer Mohammad Mostafaei urges the Iranian authorities to release his wife and brother in law

Mohammad Mostafaei
After 1 week of no new about whereabouts of the human rights lawyer Mohammad Mostafaei, he sent an open letter to Tehran's public prosecutor today.

The human rights lawyer Mohammad Mostafaei asked in an open letter to Jafar Dowlatabadi the public prosecutor of Tehran, to release his wife and brother in law.

Mr. Mostafaei wrote in his letter: "The district prosecutor of Shahid Moghaddas, has in an act which is unjustifiable and contrary to the principle of personal crimes, taken hostage my wife and brother in law, and announced that they will not be released until I present myself". Mr. Mostafaei characterized this action as "abuse of power" and "acts of personal taste".

Mr. Mostafaei explained that he presented himself to the prosecutor's office last Saturday after being summoned "legally". Later the same day he was once again summoned by phone and he had decided to go to the prosecutor's office the next day. However he was told by his father in law that his wife and brother in alw were taken into custody late that night.

He writes" After hearing this disturbing news I intended first to go to the Evin Prison, but I don't tolerate so much lawlessness and violations of basic human rights, and despite the fact that they were holding my loved ones I decided not to participate in anu judicial process that doesn't adhere to basic principles of the law including the principle of crimes and punishments of being personal, presumption of innocence, the principle of legality of crimes (the hostage taking is illegal), principle of people having a fair hearing, the principle of impartiality of judges and hundreds of other principles. I decided not to present myself to the prosecutor's office unless they decide to come and arrest me.

Mr Mostafaei finally asks the prosecutor general to "release his wife and brother in law who have been taken as hostages" and that "he is willing to be present in any fair trial court and accept any fair charges and punishments".

Mahmood Amiry-Moghaddam, the spokesperson of Iran Human Rights urged the international community, UN, the International Bar Association and all national and international lawyer associations to show their support for the human rights lawyer Mohammad Mostafaei and put pressure on the Iranian authoriteis to stop harrasment of Mr. Mostafai and his family. Amiry-Moghaddam said: Mr. Mostafaei has been defending tens of the weakest victims in the Iranian society, and has defended and managed to release several minors on the death row and women sentenced to death by stoning. It is the world community's moral responsibility to defend Mr. Mostafaei's rights.

Source: Iran Human Rights, July 31, 2010

Two hanged in Iran

2 men were hanged in the prison of Isfahan, (in the central part of Iran) early today, reported the state run news agency Fars.

According to the report the men were identified as "Behnam J" (32) convicted of keeping 1 kilo and 645 grams of heroin, and Shahram A. convicted of keeping 166 grams and selling 15 grams of crack.

The charges have not been confirmed by any independent sources.

Source: Iran Human Rights, July 31, 2010

Sakineh Mohammadi Ashtiani asks to be reunited with her children

Sakineh Mohammadi Ashtiani
Sakineh Mohammadi Ashtiani's supporters call for support to free her from prison, after sentence was changed to hanging.

The Iranian woman whose sentence of death by stoning was commuted to hanging after an international campaign, today sent a message from inside Tabriz prison calling for further support so that she might be reunited with her children.

Sakineh Mohammadi Ashtiani, a 43-year-old mother of 2, said she thinks of nothing other than hugging her children and that she was mentally broken when authorities flogged her 99 times in front of her then 17-year-old son, Sajad.

She thanked the world for launching the campaign for her release but said part of her "heart is frozen". "Every night before I go to sleep, I think who would throw stones at me", she said.

The message was read by Mina Ahadi, of the Iran Committee against Stoning (ICAS), at a press conference in Conway Hall, in London.

"Put Sakineh's picture beside Neda Agha-Soltan's and don't let Iran repeat what it did with Neda again with Sakineh," said Ahadi, an Iranian human rights activist. Agha-Soltan was shot to death in the aftermath of Iran's disputed election in June 2009 and became a symbol of Iran's post-election rebellion.

Yesterday, Iran allowed Mohammadi Ashtiani's family to have a full contact visit with her in the prison.

"When I told her about the world's support for her, that the world doesn't think she has done any crime even if she had had an adulterous relationship, I had the feeling that once again she regained her honour ... after all those humiliations from the Iranian officials," Sajad, now 22, said.

After weeks of imposing a media blackout over Mohammadi Ashtiani, Iran's state-run TV broadcast a report this week that tried to link her campaigners to "the west and Israel", and accused them of calling for the release of someone who had been convicted of murder.

At the conference, ICAS presented a document showing Mohammadi Ashtiani had in fact been convicted of adultery. She was originally sentenced to 99 lashes, but her case was reopened when a court in Tabriz suspected her of murdering her husband. She was acquitted, but the adultery charge was reviewed and the death by stoning sentence handed down on the basis of "judge's knowledge".

The documents provided by ICAS show that 2 of 5 judges who investigated Mohammadi Ashtiani's case concluded that there was no forensic evidence of adultery. "It's shocking, she's sentenced to death by stoning because 3 judges think, just think, that you had an illicit relationship outside marriage," said Maryam Namazie of the ICAS.

This week, Iran issued an arrest warrant for Mohammad Mostafaei, the lawyer who volunteered to represent Mohammadi Ashtiani. Mostafaei has gone into hiding, but Iran has taken his in hostage to force him to reappear. The Guardian has learned that Mostafaei is safe and plans to publish an open letter to Tehran's prosecutor.

ICAS also issued a warning over the case of Mariam Ghorbanzadeh, 25, whose stoning sentence was commuted to hanging this week.

Ghorbanzadeh is pregnant and human rights activists believe that Iranian authorities are putting pressure on her in prison in the hope that she miscarries. They would then be allowed to execute her.

Source: The Guardian, July 30, 2010


Activist: Iranian with lifted stoning sentence says she's grateful for support but heartbroken

An Iranian woman whose sentence of death by stoning was lifted earlier this month says she's grateful for the international support she's received, but remains heartbroken at the separation from her children and tormented by the fear she could still be executed, a rights activist said Friday.

Iranian officials have said Sakineh Mohammadi Ashtiani will be spared stoning, which in Iran involves being buried from the chest down and pelted with rocks. The announcement came after international outrage over plans to execute the mother of two for adultery — an offence her supporters say she confessed to under duress.

Germany-based activist Mina Ahadi, who helped publicize the case, said Friday that Ashtiani remains locked up in Tabriz prison in northwestern Iran and could still be hanged. Many others on Iran's death row still face the prospect of being stoned, Ahadi said.

"You're talking about the Middle Ages," she told journalists in London, speaking through a translator. "Stoning is a form of terrorism."

Ahadi read out a message from Ashtiani in which she spoke of her shock at the sentence and said that "part of my heart is frozen."

"The day they sentenced me to stoning, it was as if I fell into the bottom of a well, and I lost consciousness," the message read. "Many nights before going to sleep I think: 'Who can think of throwing a stone against me, and crushing my face and hands?

"From Tabriz prison, I thank all of you. Tell everyone I am afraid of dying."

Ahadi said Ashtiani had dictated the message over the phone from prison during the past week. Ahadi did not provide further details.

Ashtiani, who is in her early 40s, was first convicted in May 2006 of having an "illicit relationship" with 2 men following the death of her husband and sentenced to 99 lashes.

Later the same year, she was also convicted of adultery.

A translated court document handed out to journalists appears to show that judges were divided about Ashtiani's guilt. The minority opinion held that she was being tried twice for the same crime, and that in any case there was no proof she cheated on her husband.

"Prosecution in this case has no legal justification as no positive religious or legal evidence can be found," the minority opinion read, according to the document. "The above-named is believed to be innocent of the charge."

Mohammad Mostafaei
But the majority ruled that Ashtiani's "severely corrupt mind," as well as other evidence, pointed to the crime of adultery, and she was sentenced to death by stoning.

Ashtiani's appeal failed, and she has been sitting on death row since.

She might have died in obscurity had it not been for the efforts of her tech-savvy attorney, Mohammad Mostafaei. Shortly after he published a blog post saying he feared his client would be executed imminently, the image of Ashtiani's face — framed in a black chador — spread across newspaper front pages, television bulletins and the Internet. Celebrities including Robert Redford, Emma Thompson and Colin Firth put their names behind a campaign to release her, while the United States and Britain also demanded Ashtiani's sentence be lifted.

Such a punishment would "disgust and appall the watching world," British Foreign Secretary William Hague said, while Turkish Foreign Minister Ahmet Davutoglu promised to raise the issue with Tehran.

Faced with a growing international outcry, the Iranian Embassy in London issued a statement saying Ashtiani would not be executed by stoning, although the announcement still left a question mark over her fate.

On Saturday, authorities called Mostafaei, her lawyer, in for questioning. He was released, but has since disappeared and is thought to be in hiding. Ashtiani's son, Sajad, has also had his cellphone blocked in an effort to prevent him from speaking about the case, Ahadi said.

Amnesty International Iran researcher Ann Harrison said about a dozen people are still thought to face death by stoning in Iran. Ahadi said Friday she believed the number could be twice as high.

The phone rang unanswered at the Iranian Embassy in London Friday.

Source: Canadian Press, July 30, 2010

Amnesty International: Urgent Action Appeal for Zoda Hiroshi in imminent danger of execution in Japan

Tokyo Detention Center
Two men, Ogata Hidenori and Shinozawa Kazuo, were hanged in the Japanese capital, Tokyo, on 28 July. Of five men on death row in Japan highlighted by Amnesty International in UA 54/09, four have now been executed. The fifth man, Zoda Hiroshi, could be executed at any time.

Ogata Hidenori (also known by the name Hideki) and Shinozawa Kazuo were hanged in Tokyo Detention Center. They had been convicted of murder. Shinozawa Kazuo’s death sentence was confirmed by the Supreme Court in February 2007. Ogata Hidenori had expressed his intention to withdraw his appeal against the death sentence filed by his attorney. The Supreme Court confirmed his death sentence in July 2007. They were the first people to be put to death since a new government took office in Japan following elections in August 2009.

Zoda Hiroshi remains in imminent danger of execution. He is also held in Tokyo detention center.

Executions in Japan are by hanging and are usually carried out in secret. Prisoners are typically given a few hours’ notice but some may be given no warning at all. This means that prisoners who have exhausted their appeal options spend their time on death row knowing they could be executed at any time. Families are notified after the execution has taken place.

BACKGROUND INFORMATION
These execution orders are the first to be signed by Minister of Justice Keiko Chiba since she took office as part of the government formed by the Democratic Party of Japan in September 2009. Seven people were executed in 2009, but there had been no executions since 28 July 2009.

Minister Chiba, who has previously spoken out against executions, announced plans to set up a working group on the death penalty within the Ministry of Justice following the hangings on 28 July 2010. She is the first Minister to attend the executions in person.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Expressing regret at the Justice Minister’s decision to proceed with the executions of Ogata Hidenori and Shinozawa Kazuo;
- Urging the Minister not to execute Zoda Hiroshi;
- Calling on the Minister to order an immediate moratorium on the death penalty with a view to full abolition and to commute the sentences of all those now on death row.

APPEALS TO:

Justice Minister
Keiko Chiba
Ministry of Justice
1-1-1 Kasumigaseki, Chiyoda-ku
Tokyo 100-8977
JAPAN
Fax: 011 81 3 5511 7200
Salutation: Dear Minister

COPIES TO:

Prime Minister
Naoto Kan
Prime Minister
Prime Minister’s Office
1-6-1 Nagata-cho
Chiyoda-ku
Tokyo 100-8968
JAPAN
Fax: 011 81 3 3581 3883

Newspaper
Asahi Shimbun
5-3-2 Tsukiji
Chuo-ku
Tokyo 104-8011
JAPAN
Fax: 011 81 3 3545 0285

Ambassador Ichiro Fujisaki
Embassy of Japan
2520 Massachusetts Ave. NW
Washington DC 20008
Fax: 1 202 328 2187

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 10 September 2010.

Friday, July 30, 2010

U.K. Author Says He Won't Apologize for Book on Singapore's Death Penalty

Alan Shadrake (left), the British author charged for contempt of court for challenging the integrity and independence of Singapore's judiciary, said he wouldn’t apologize for his book on the city's death penalty.

"I want to have my day in court," he said after his trial was adjourned today to allow his lawyer more time to prepare a defense of fair criticism and fair comment. "I didn't spend 3 years writing the book only to run away," Shadrake said.

The 75-year-old writer is also being investigated for criminal defamation by Singapore authorities. His book "Once a Jolly Hangman: Singapore's Justice in the Dock," suggests that the government "succumbs to political and economic pressures" in meting out the death penalty, the Attorney-General's Chambers said in court papers.

Shadrake can "tender an unreserved apology in unqualified terms," David Chong, chief counsel of the Attorney-General's civil division, said in court today. "Justification is no defense" for contempt of court, Chong
said.

Refusing to apologize would count as an "aggravating factor," the Attorney-General’s office said in a statement today. "An apology tendered to the court, if unqualified and sincere, may mitigate the punishment," according to the statement.

The book "insinuates that the Singapore judiciary is a tool of the People's Action Party to muzzle political dissent" through the award of "heavy damages in defamation actions brought without legal basis," the Attorney General's office said in the court papers. The book contains comments that imply the Singapore judiciary was "guilty of impropriety" by being "biased particularly against the weak, poor or less educated," according to the papers.

Contentious Statements

Shadrake's lawyer M. Ravi asked Justice Quentin Loh today to order Chong "not to put unnecessary fear in the media" after the prosecutor told journalists not to cite contentious statements from the book or risk being in contempt as well.

"I see quite a number of members of the media smiling," Loh said. "I don't think they're in fear."

Shadrake's book isn’t banned in Singapore, the Media Development Authority said in an e-mailed statement today. The regulator added that book retailers and distributors will have to seek legal advice on whether they can sell or distribute the book in the city-state.

“Singapore uses criminal defamation laws to silence critics of government policies," Amnesty International’s Asia Pacific Deputy Director Donna Guest said. "If Singapore aspires to be a global media city, it needs to respect global human rights standards for freedom of expression."

The Singapore police have said that Shadrake’s anti-death penalty views are not the issue in its investigations.

Singapore's Laws

"It is his violation of the laws of Singapore which are," the police said. "Those who disagree with our position have presented their arguments and as a matter of principle, we respect their right to hold such opposing views, as we hope they do ours."

The city-state, which has one of the world’s lowest crime rates according to the United Nations Office on Drugs and Crimes, imposes a death penalty for offenses including murder and drug trafficking.

Singapore in 2008 expanded the scope of free speech including allowing outdoor public demonstrations without police permits at designated areas and eased restrictions on political films. Prime Minister Lee Hsien Loong said in August 2008 the moves were to "liberalize our society, widen the space for expression and participation."

Contempt of court carries a jail sentence, a fine, or both. No maximum penalty has been specified under Singapore's constitution, according to the Attorney General's office.

Previous Cases

In March 2009, Singapore's High Court fined a senior Wall Street Journal editor S$10,000 ($7,300) for the publication of 3 articles that the city-state’s government said showed contempt of its judiciary. Three activists were sentenced to between 7 and 15 days in prison for wearing t-shirts with pictures of a kangaroo dressed as a judge in another contempt of court lawsuit.

Dressed in a sand-colored linen suit, Shadrake waved to the gallery as he entered the court earlier and showed the thumbs up sign. His lawyer told the court that Shadrake suffers from a heart condition and hypertension and has been “put to severe stress,” because of the trial and criminal defamation investigation.

Shadrake told reporters outside the court the case has helped his book, now in its third printing, "sell like hot cakes." The Singapore government has "blown me up into an international celebrity," he said. "Before, I was just an unknown poor journalist."

The case is Attorney-General vs Alan Shadrake OS720/2010 in the Singapore High Court.

Source: Bloomberg News, July 30, 2010

Japan: Execution chamber to open to media as early as August 2010

TOKYO (Kyodo) -- The Justice Ministry will open the execution chamber at the Tokyo Detention House to the media as early as August, Justice Minister Keiko Chiba said Friday.

Secretive practices surrounding the capital punishment system in Japan, including executions without prior notice to death row inmates, their families and lawyers, have drawn criticism.

Tokyo Detention House
Execution chambers in Japan have been closed to the public, including the media, but Chiba has ordered the Tokyo detention facility to allow media access in order to stir public debate over the death penalty.

She told a press conference after a Cabinet meeting Friday that a panel to study the death penalty will be established next month under the justice minister to discuss the overall system of capital punishment.

The announcement came after Chiba, who once belonged to a group of lawmakers against the death penalty, ordered the execution by hanging of two death row inmates and, in an unusual move, witnessed the executions herself Wednesday.

After attending the executions, Chiba said at a press conference, "I felt anew the need to fundamentally discuss the issue of capital punishment."

On Friday, she rejected suggestions she had been persuaded by Justice Ministry officials to sign the execution orders, saying, "It's not true. I recognized that I had such a duty when assuming the justice portfolio."

She also said the view she held as a former member of the Japan Parliamentary League against the Death Penalty that abolishing capital punishment is one option "will never change," indicating she remains in favor of its abolition.

The Geneva-based Human Rights Committee urged Japan in 2008 to consider terminating the death penalty regardless of domestic public opinion, which favors its maintenance.

"Regardless of opinion polls, the state party (Japan) should favorably consider abolishing the death penalty and inform the public, as necessary, about the desirability of abolition," it said in its report.

A Japanese government survey showed in February that a record 85.6 percent of respondents consider continuing capital punishment as "unavoidable."

According to Amnesty, 139 countries, or more than two-thirds of them, have abolished the death penalty in law or in practice so far.

Source: Mainichi Japan, July 30, 2010

Iran: Jafar Kazemi at imminent risk of execution over alleged participation in anti-government demonstrations and alleged contact with banned opposition group

Jafar Kazemi
The execution verdict for Jafar Kazemi was upheld by branch 36 of the Appeals Court by judge Hojatoleslam Zargari. His file has now been processed to carry out the death sentence. There is no legal recourse to save Jafar Kazemi’s life.

Kazemi’s lawyer Ms. Ghanavi told a human rights website that her client has spent long periods of time in solitary confinement. Kazemi was originally sentenced by branch 28 of the Revolutionary Court.

Roudabeh Akbari, Kazemi’s wife, wrote a letter to the UN Secretary General Ban Ki-moon urging him to take steps to stop her husband’s execution.

Kazemi was working as a lithograph for textbooks and pamphlets for Amirkabir University when he was arrested on September 18, 2009 at Haft-e Tir Square. He was taken to solitary confinement in ward 209 of Evin prison and spent 74 days there before he was transferred to ward 350. Kazemi was also imprisoned from 1981 until the end of 1989.

Ghanavi has stated that her client was issued the charge of Moharebeh (waging war against God) for his alleged affiliation with the Mujahedin-e Khalq Organization. Kazemi has not accepted the charge during his interrogations.

According to Ghanavi, Shi’ite scholars state that the charge of Moharebeh is levied against those who rise up in an armed revolt against the government. Ghanavi explains that this is not the case with her client. It is believed that he did take part in post-election gatherings and chanted slogans but his lawyer says the charge of Moharebeh is baseless. Ghanavi explained that the appeal for Kazemi was never really considered by the court and the Moharebeh charge was never looked into. Read more.



Source: Persian2English, July 30, 2010

Death penalty book author Alan Shadrake defiant in Singapore

Alan Shadrake
SINGAPORE — A British author facing a possible jail term over his book criticising Singapore's use of the death penalty was defiant following his first court hearing Friday.

Alan Shadrake appeared in a packed courtroom to hear contempt of court charges levelled against him by the Attorney General following the local launch of his book "Once a Jolly Hangman: Singapore Justice in the Dock".

A High Court judge granted an adjournment, giving Shadrake's lawyer two weeks to further prepare for the case and another week for prosecutors to respond.

With his passport impounded to prevent him from leaving the country, the 75-year-old freelance journalist remained defiant despite facing possible imprisonment.

"Whatever they do to me, it will prove whatever I say in my book," he told reporters outside the court after the hearing.

"I'm not a wimp, I'm not a coward," Shadrake added. "I want to have my day in court... I'm not running away. If I run away, it means I'm guilty."

Retired Singapore executioner
Darshan Singh
Shadrake's book features candid conversations with a retired hangman, Darshan Singh, who the author says executed some 1,000 local and foreign criminals in a career spanning nearly half a century.

Based in Malaysia and Britain, Shadrake is out on bail for the contempt charges, and is undergoing a separate investigation for criminal defamation.

Defamation carries a sentence of two years' imprisonment or a fine or both, while contempt of court is "punishable by imprisonment and/or a fine, with no limits on either," said a statement from the Attorney General's Chambers.

Amnesty International and other human rights groups have urged Singapore to abolish the death penalty.

Amnesty said that with a population of nearly five million, Singapore has one of the highest per capita execution rates in the world. It executed 420 people between 1991 and 2004.

However, Singapore officials maintain that capital punishment has deterred drug dealers from operating in the country and spared the lives of thousands of young people from drugs.

The death penalty is mandatory for anyone caught trafficking more than 15 grams of heroin, 30 grams of cocaine or 500 grams of cannabis.

Shadrake said his arrest had been counterproductive for the Singapore authorities.

"They've blown me up into a worldwide celebrity," he said, adding that his book was "selling like hot cakes" in neighbouring Malaysia.

Related story: "Nguyen Executioner Revealed", Alan Shadrake, The Australian, 0ctober 28, 2005. Excerpt: 

"On the day of Nguyen's execution, Mr Singh will be picked up by a government vehicle and driven to the prison, arriving at 2am local time (0400 AEST) to prepare the gallows. Shortly before 6am, he will handcuff Nguyen's hands behind his back and lead him on his final short walk to the gallows, just a few metres from the cell. Mr Singh joined the British colonial prison service in the mid-1950s after arriving from Malaysia. When the long-established British hangman Mr Seymour retired, Singh, then 27, volunteered for the job. He was attracted by the bonus payment for executions. Mr Singh is credited with being the only executioner in the world to single-handedly hang 18 men in one day -- three at a time. They had been convicted of murdering four prison officers during a riot on the penal island of Pulau Senang in 1963. He also hanged seven condemned men within 90 minutes a few years later. They had been convicted in what became known as the "gold bars murders", in which a merchant and two employees were killed during a robbery. He carries out the executions wearing simple casual clothes, often just a T-shirt, shorts, sports shoes and knee-length socks."

Source: Agence France-Presse, July 30, 2010


UK author Shadrake's Singapore contempt trial adjourned

The trial in Singapore of a British author charged with contempt has opened and adjourned.

Alan Shadrake is accused of contempt of court by the Singapore Attorney General over a book he wrote which criticises the application of the death penalty.

If found guilty, Mr Shadrake could be given up to two years in prison.

The case has highlighted not just the use of capital punishment, but the broader issue of freedom of speech in Singapore where dissent is rare.

The title of the book leaves little room for doubt as to the tone of the content: "Once A Jolly Hangman - Singapore Justice in the Dock".

No regrets

Singapore
It is a critique of the way the death penalty is applied, alleging double standards and a lack of impartiality.

The Attorney General argues passages of the book scandalise the Singapore judiciary and undermine the authority of the courts, and that is why they have brought the contempt charges against the 75-year old author.

But human rights groups say the Singaporean authorities too often resort to the courts to silence their critics.

Mr Shadrake is also under investigation for criminal defamation.

Speaking outside the court, he told the BBC he would never apologise.

"I will not grovel to them," he said. "I will carry on this fight."

Recommended reading: "Singapore: Disneyland with the Death Penalty", by William Gibson, WIRED, Sept/Oct. '93

Source: BBC News, July 30, 2010

Thursday, July 29, 2010

Legal Charges Threat to Freedom of Expression; British Author's Critique of Death Penalty Leads to Arrest

Singapore officials should cease using criminal defamation and contempt laws to silence government critics, Human Rights Watch said today. The arrest of Alan Shadrake, the 75-year-old British author of Once A Jolly Hangman: Singapore Justice in the Dock, a critical review of Singapore's death penalty law and its administration, further narrows the space for reporting and analysis of issues the government prefers to keep under tight control, Human Rights Watch said.

On July 16, 2010, the day before the book launch, the Media Development Authority, responsible for regulation of Singapore's media and publishing industry, filed a police complaint against Shadrake for criminal defamation and contempt of court. The defamation charge is still under investigation. On the same day, Singapore's attorney general submitted an affidavit saying that Shadrake should be "committed to prison or receive such other punishment ... for his contempt of court ... for bringing into existence, publication and distribution of the Book which contains passages that scandalize the Singapore Judiciary." Supporting documents add that passages "undermine the authority of the Singapore courts and public confidence in the administration of justice..." If convicted, Shadrake faces a potential 2-year sentence and fines.

"Free speech is an endangered species in Singapore," said Phil Robertson, deputy Asia director at Human Rights Watch. "It's sadly predictable that the government did not hesitate to threaten prosecution, fines, and imprisonment against an author whose views run contrary to its own."

Authorities arrested Shadrake, a death penalty opponent, on July 18, seized his passport, and released him on bail the following day. The court hearing on the contempt charge is set for July 30, but in the interim the 75-year-old author has been subjected to several days of police interrogation without benefit of counsel. Shadrake stated that the lengthy interrogation sessions left him exhausted, and his lawyer reported that he had been placed on a heart monitor.

Once a Jolly Hangman is based on interviews with a longtime executioner at Changi Prison who has now retired and with dozens of lawyers and death penalty opponents. Shadrake also reviewed years of court case files. He is outspoken in his suggestion that Singapore death penalty sentencing decisions are not always made through impartial and independent examination of the alleged crimes. Human Rights Watch considers criminal penalties for defamation to be disproportionate and unduly harmful to freedom of expression. Many states have abandoned such laws, recognizing that civil defamation is generally adequate to protect the reputation of others.

Scandalizing the court, the contempt charge applied in Shadrake's case, is a relic of British colonial law no longer in use in the UK or in other commonwealth countries such as Brunei, Hong Kong, New Zealand, and Canada, but retained in Singapore. And although Singapore's constitution protects free expression, it also specifically protects against contempt of court.

Another well known case was that of the academic Christopher Lingle and the International Herald Tribune, who were fined for contempt when Singapore's High Court deemed that a reference in an October 7, 1994 op-ed article to "intolerant regimes" and a "compliant judiciary" could only refer to Singapore. In the 2009 case of Attorney-General v. Hertzberg, the High Court rejected the proposition that contempt had to pose a "real risk" to the administration of justice and affirmed that conviction could be based merely on the "inherent tendency" of words to suggest bias, impropriety, or other judicial wrongdoing.

"All the government's action will do is jail yet another author, while ensuring that Shadrake's book will be a best seller outside Singapore, most likely in Southeast Asia's airport bookstores" Robertson said.

Although media reports state the book is not banned in Singapore, it is apparently hard to purchase because the government has advised bookstores not to stock it.

The death penalty is a touchy issue for Singapore officials, who rigorously defend the state's mandatory death penalty for murder, treason, and some 20 drug-related offenses. The latest high-profile case on Singapore's death row involves a Malaysian, Yong Vui Kong, due to be executed in August for a drug-related offense committed when he was 19. Singapore refuses to make public statistics on executions in the city-state, but is believed to have one of the highest per capita execution rates in the world. Human Rights Watch opposes capital punishment in all circumstances because of its cruel, inhumane, and irreversible nature.

Singapore's drug law, which carries a mandatory death penalty for some offenses, also fails to meet international human rights standards, Human Rights Watch said. The mandatory nature of this penalty effectively obstructs judges from considering the circumstances of a case or handing down lighter sentences. The United Nations special rapporteur on extrajudicial, summary or arbitrary executions has stated that the death penalty should under no circumstances be mandatory by law, regardless of the charges involved.

"If the government is truly concerned with protecting its reputation, it could do better than to jail authors and execute drug offenders," Robertson said. "Abandoning criminal punishment for defamation and prosecutions for criticizing the judiciary would be a good start."

Source: Human Rights Watch, July 29, 2010

1 man was hanged in Qazvin west of Tehran today

1 man was hanged in the prison of Qazvin, West of Tehran, early today July 29, reported the state run Iranian news agency Fars.

The man who was identified as Yousef Khamseh (35) and was convicted of rape and robbery according to the report.

Source: Iran Human Rights, July 29, 2010

Removing the cloak of secrecy from executions in Japan

Keiko Chiba
2 death-row inmates were hanged at a Tokyo detention center on July 28 under orders from Justice Minister Keiko Chiba, marking the 1st time since the Democratic Party of Japan (DPJ) rose to power that Japan has carried out executions.

Critics have questioned why the minister -- once a member of a nonpartisan parliamentary league calling for the abolition of the death penalty -- gave the order to carry out the death sentences. In a news conference, Chiba, who was present for the executions for the first time as a justice minister, said that thorough debate on the death penalty was needed.

Up until now a veil of secrecy has shrouded Japan's execution venues. Chiba's comments following her firsthand witnessing of the executions mark the starting point for discussion of Japan's treatment of the death penalty.

Chiba has instructed the Justice Ministry to form a panel to discuss issues relating to the death penalty in Japan, including its very existence. She has also ordered the Tokyo detention facility where the inmates were executed to be opened to the media.

In a policy list made public last year, the DPJ said it would "continue wide debate not only on the existence of the death penalty, but on a moratorium on executions, advance notification of executions and on the methods by which death sentences are carried out, both within and outside the Diet." Chiba's latest orders are in line with the party's stance. It must be ensured, however, that the panel the government plans to form is not composed of Justice Ministry bureaucrats alone; it must incorporate 3rd party members, spurring opportunities for wide-ranging debate.

Orders to carry out death sentences are the duty of the justice minister, but for nearly a year after Chiba assumed office no death penalties were carried out, and speculation had arisen that the minister would stand firm on her position and eventually step down without ordering any executions.

Chiba lost her seat in the recent House of Councillors election and her term as an upper house member expired on July 25. It was a day before this that she signed the orders to carry out the death sentences. Opposition parties criticized her move, asking why a person who was rejected in the election signed the death penalty orders. Questions have also arisen over the timing of her decision, and the minister can expect to be pursued by the opposition during an extraordinary session of the Diet to be convened on July 30. We want Chiba to be held accountable for the move and explain why she decided to go ahead with the executions.

Over 2/3 of the world's countries have abolished the death penalty either by law or in practice. The only advanced countries to retain it are Japan and the United States.

In a United Nations meeting in December 2007, a resolution submitted by the European Union and other parties calling for a moratorium on the death penalty was passed with approval from 104 nations. The resolution has no binding power, and in Japan, government administrations led by the Liberal Democratic Party continued to carry out executions in line with a trend toward severer penalties for crimes.

In 2008, the committee of the International Covenant on Civil and Political Rights recommended that the Japanese government review its treatment of death-row inmates from a human-rights perspective, and inform death-row inmates in advance of the time of their executions to lessen their psychological distress.

Needless to say, it is up to each country to decide on their judicial system and penalties for crimes. But countries cannot advance while completely ignoring the voice of international society. It is only natural for Japan to initiate debate in a public setting on the treatment of death-row inmates and the state of executions -- issues that have been cloaked in secrecy up until now.

Source: Mainichi Daily News, July 29, 2010

Asia a bastion for executions despite abolitionist wave

Japan is reviewing the death penalty and Singapore's frequent use of capital punishment is under the spotlight, but Asia remains a bastion of support for executions despite outrage from rights groups. Amnesty International says thousands of convicts may have been executed in China and at least 26 others were put to death in other Asian countries in 2009 despite growing global support for abolition.

The execution of 2 Japanese men for murder on Wednesday reignited a debate over the relevance of judicial executions in the 21st century.

Justice Minister Keiko Chiba announced a review after witnessing the 1st executions since the centre-left government took power last year.

"It made me again think deeply about the death penalty, and I once again strongly felt that there is a need for a fundamental discussion about the death penalty," Chiba said.

Even China is taking a look at its laws by launching a review of the 68 offences currently punishable by death, according to state media reports.

But in Singapore, British writer Alan Shadrake, 75, will appear before the High Court on Friday to face contempt of court charges after launching a book titled "Once a Jolly hangman: Singapore Justice in the Dock."

In the book, Shadrake highlights candid conversations with a retired hangman, Darshan Singh, who the author says executed some 1,000 local and foreign criminals in a career spanning nearly half a century.

Shadrake, based in Malaysia and Britain, is out on bail and undergoing a separate investigation for criminal defamation.

Among human rights groups, Singapore is known as the execution capital of the world because of the number of hangings it has carried out relative to its population, currently standing at just 5 million.

Singapore keeps its tally of executions secret and maintains that the death penalty on murderers and drug traffickers has been crucial in keeping the crime rate low in island, widely acknowledged as one of Asia's safest countries.

Amnesty International estimates that Singapore executed at least 420 people between 1991 and 2009.

"Our view is that there is a growing global sentiment against the death penalty," Phil Robertson, deputy director for Asia at Human Rights Watch, told AFP, adding that countries that still execute convicts are "seriously out of touch" with international opinion.

Amnesty says China was believed to have executed thousands of people in 2009 -- more than the rest of the world combined -- although the figures are a state secret.

The London-based human rights group said at least 26 people were known to have been executed in other Asian countries in 2009, led by nine in Vietnam and seven in Japan.

In Malaysia, the government rarely releases information about executions but activists said there were 358 hangings carried out between 1981 and 2005.

"The death penalty is inhumane," said lawyer Charles Hector, from rights group Malaysians Against Death Penalty and Torture.

Thailand has executed 325 convicts, including 3 women, since 1934, when it began using firing squads instead of beheadings, according to government figures.

It introduced lethal injection in 2003 and has since executed 6 people by this method.

India has not carried out any execution since 2004 and has hanged only 2 people since 1998.

The last available government statistics show that 308 people were on death row at the end of 2007, although no breakdown was provided about the status of prisoners in the appeals process.

Those waiting to hear their fate include the killers of former prime minister Rajiv Gandhi, who was assassinated in 1991, and Mohammed Ajmal Amir Kasab, convicted for the 2008 Mumbai terror attacks.

In Taiwan, a total of 541 people have been executed since 1981, according to figures compiled by Taiwan's Justice Ministry.

The last took place in April, when 4 prisoners were executed after the justice minister stepped down, causing a political storm by saying she would not allow any convict to be put to death during her term.

In Indonesia, executions are carried out by firing squad. The last one was in November 2008 when 3 extremists behind the 2002 Bali bombings were shot.

Source: Agence France-Presse, July 29, 2010

Japan announces death penalty review after hanging two men

Keiko Chiba
Japan angered abolitionists by executing two men this week, in the first hangings since the country’s center-left government took office in September. Tokyo's new government says it still has plans to review its use of the death penalty.

Justice Minister Keiko Chiba (left) took the unprecedented step of attending the executions of Kazuo Shinozawa and Hidenori Ogata at the Tokyo Detention Center on Wednesday.

Shinozawa burned six women to death after setting a jewelry store alight in 2000; Ogata strangled a woman and fatally stabbed a man in 2003.

Minister Chiba, a longtime opponent of capital punishment, had raised hopes that Japan was moving towards a de facto moratorium on hangings after her appointment last year.

“It is not that I changed my mind,” said Ms. Chiba, who was a member of a parliamentarians’ group opposed to the death penalty until she became justice minister. “I attended the executions as I believe it is my duty to see them through.

"Witnessing [them] with my own eyes made me think deeply about the death penalty, and I once again strongly felt that there is a need for a fundamental discussion.”

Human rights groups condemned the executions, which came a year to the day after the last round of hangings.

“Japan continues to go against the international trend toward abolition and mete out this cruel, inhuman and degrading punishment,” said Donna Guest, deputy director of Amnesty International’s Asia-Pacific program. “A day that should have marked one year without executions has instead seen Japan return to carrying out state-sponsored killings.”

Japan has resisted pressure from the European Union, which calls for the universal abolition of capital punishment.

EU foreign policy chief Catherine Ashton said she “deeply regretted” the executions.

Japan and the US are the only members of the G8 to retain the death penalty, while, according to Amnesty, 139 countries – about two-thirds of the world’s total – have either abolished or stopped using the punishment. For the first time in five years Taiwan also recently carried out executions after the resignation of a justice minister who had been criticized for saying she would not sign death warrants.

Chiba said she had instructed the detention center to allow the media to visit the facility and ordered the justice ministry to form a panel to review Japan’s retention of capital punishment. However, it appears there was no advance notice to the public on the executions.

This week’s executions bring the number of condemned inmates in Japan to 107. They typically spend years on death row and are not informed of their execution until moments before they are hanged. Their lawyers and relatives are informed only after the sentence has been carried out.

Chiba may soon be replaced as justice minister after losing her seat in upper house elections earlier this month. She reportedly signed the execution orders last Saturday, a day before her parliamentary term was due to end.

Amnesty said any debate about capital punishment should coincide with a freeze on executions. “It is contradictory to execute someone while proposing a debate on it,” it said in a statement.

Still, despite recent hopes for an end to the death penalty, opposition to the death penalty among citizens in Japan is muted. According to a government poll conducted in February, a record 85.6 percent of respondents said retaining the punishment was “unavoidable.”

Given that level of support, Chiba herself appeared to suggest that Japan would continue to send people to the gallows. "I think it will be something for this country's people to decide if, after various discussions, the majority of public opinion is for the death penalty to be abolished,” she said.

Source: The Christian Science Monitor, July 29, 2010

DNA clears Houston man 27 years after conviction

Michael Green
A Houston man is expected to be freed this week after serving more than 27 years in prison — the longest time behind bars of any Texan who has been exonerated - for a rape prosecutors now say he did not commit.

Michael Anthony Green, 45, is expected to be in court today, when his attorney, Bob Wicoff, will ask that he be released on bail while the case moves forward.

If freed, Green would be the eighth local man let out of prison in recent years, and the second in a week, after serving time for a crime he did not commit.

"He is innocent," Wicoff said. "We've got the bad guys, too. We've pegged the bad guys."

Green was sentenced to 75 years in prison for the 1983 rape of a Houston woman based on faulty eyewitness identification, Wicoff said. Read more.

Source: Houston Chronicle, July 28, 2010


Innocent prisoner's angry outburst delays release

A Houston man expected to be freed today after being imprisoned 27 years for a rape he did not commit will have to wait one more day after reacting "emotionally" to the reality of his release this morning.

Bob Wicoff, an attorney for Michael Anthony Green, said his client was angry and would need another day to compose himself before having a bond set while the Texas Court of Criminal Appeal rules on his actual innocence.

"He was upset," Wicoff said. "Hopefully he'll be fine tomorrow."

Green was expected to be granted a personal recognizance bond by visiting state District Judge Mike Wilkinson this morning. He was not brought into the courtroom, but loud shouting could be heard from behind the door to the court's holdover cell.

Wicoff said the shouting was Green.

"This has been a gross perversion of justice and he's a smart guy and he knows it," Wicoff said. "He's angry."

The release was the next step in proceedings to declare Green actually innocent of a 1983 sexual assault. Read more.

Source: Houston Chronicle, July 29, 2010


Adding insult …

After years of wrongful imprisonment, a prisoner faced one last injustice

For 27 years, imprisoned Houstonian Michael Anthony Green, wrongly convicted in 1983 of aggravated sexual assault, protested his innocence and fought in vain to clear his name. Last year, his case was taken up by the Post Conviction Review Section, a group of lawyers and investigators newly formed by Harris County District Attorney Pat Lykos to examine credible claims of a prisoner's innocence.

To the enormous credit of that group, investigators were able to find key DNA evidence that resulted in establishing Green's innocence and identifying the actual assailants.

Green's long nightmare was due to end last Thursday, in a hearing that would most likely release him on bond until his conviction and sentence could be overturned. Instead, Green made that long-awaited trip to the courtroom bound in handcuffs and shackles.

Green responded loudly and vehemently to that indignity, to the extent that he was not allowed into the courtroom, and the hearing was postponed until Friday. It was one last cruel blow, one insult too many from a justice system that had robbed him of his entire adult life. (He was 18 when he began serving a 75-year sentence.)

The reason for the restraints, said Harris County Sheriff's Office spokesman Alan Bernstein, was that Green came into the county jail classified as a violent criminal, and therefore needed to be taken to the courtroom in handcuffs and shackles. He told the Chronicle that no one had advised jail personnel of Green's special circumstances.

It's true that the sheriff's office is a giant bureaucracy (about 900 prisoners were transported to court on that same day) and procedures and protocols are necessary. But provision must be made, even in giant bureaucracies, for the rare occasion when business as usual becomes a travesty and must give way to humanity and common sense.

DA Lykos has said that should another such case arise she will alert the sheriff's office. (There was no official communication between the two offices on Green, said DA spokesman George Flynn.) Sheriff Adrian Garcia has said that in a similar situation, his office would suspend regular procedures.

"Everybody's learned from it," said sheriff's spokesman Bernstein. It would be a good idea for both offices to formalize that learning experience, and provide clear guidelines for future actions. This was a sad, unnecessary blow, not only to Green, but to Harris County's justice system, one that should never be allowed to happen again.

Source: Houston Chronicle, Aug.4, 2010

State urges judge to deny Troy Davis claim

Troy Davis
Lawyers for convicted murderer Troy Anthony Davis made "a strategic decision" not to call two witnesses at last month's federal court hearing and should not be allowed to use their choice to re-open the evidence, attorneys for the state argued Wednesday.

Davis' attorneys have worked for 15 years to gather evidence to prove his innocence and had plenty of time during two days of testimony before U.S. District Judge William T. Moore Jr. to present their case, the state contends in its 13-page filing.

"They chose only to call 'the most important witnesses,'" attorneys with the Georgia Attorney General's office argued. "(Davis) still seeks to claim that he has not been afforded his day in court."

Davis remains on Georgia's death row at the Georgia Diagnostic and Classification Center at Jackson on his murder conviction and death sentence in the Aug. 19, 1989, slaying of off-duty Savannah police officer Mark Allen MacPhail.

The officer was gunned down as he rushed to assist a homeless man under attack in the parking lot of the Greyhound Bus terminal/Burger King restaurant on Fahm Street.

A Chatham County Superior Court jury convicted Davis on Aug. 28, 1991.

Moore held hearings June 23 and 24 to allow Davis' appellate team to present evidence to "clearly" establish his innocence.

Those lawyers asked Moore July 22 to reconsider his decision to reject hearsay testimony that another man, Sylvester "Redd" Coles, killed the officer.

They failed to call Coles last month, telling Moore there was no reason to do so since he was "not going to admit to this killing."

Moore told Davis' lawyers he was not going to "abandon the rules of evidence," warning that hearsay evidence is looked at with suspicion and he might not consider it his final determination.

Defense lawyers want affidavit testimony by Dorothy Ferrell to be considered even though they did not call her and she was in the courthouse, the state argues.

"Counsel, not Ms. Ferrell, chose not to have her testify," they argued in Wednesday's filing.

Nor did Davis' team place on the record her alleged "reluctance" to testify, the state said.

They also want Moore to reconsider his rejection of Quiana Glover's testimony.

And the state argued an affidavit from investigator Jeffrey Walsh that he was unable to subpoena Coles at his job was presented "for the first time, a month after the hearing," the state contends.

They said Davis' team only sought to find Coles after Moore "questioned whether Mr. Coles would be testifying" on the first day of the hearing.

Davis "has had his day in court, his evidence has been heard," the state argued, adding it did not meet the required burden.

Moore has taken the case under study and given no indication on when he might rule.

Source: SavannahNow.com, July 29, 2010

Amnesty International: Iranian Stoning Case Lawyer Mohammad Mostafaei missing

Mohammad Mostafaei
CAIRO — Amnesty International accused Iran of harassing the lawyer of a woman sentenced to death by stoning, saying Wednesday that he has gone missing and two of his relatives have been detained.

A blog maintained by the lawyer, Mohammad Mostafaei, helped generate a wave of international outrage over the stoning sentence, with Britain and the United States calling for it to be lifted.

Tehran said earlier this month that it would not carry out the stoning sentence against Sakineh Mohammadi Ashtiani for the time being, but the mother of two could still face execution by hanging for her conviction of adultery and other offenses.

Mostafaei — an outspoken lawyer who also has defended many juvenile offenders and political prisoners — was summoned for questioning by judicial officials at Tehran's Evin prison on Saturday, released after several hours, then asked to return, Amnesty said, adding it was not known if he went back.

"Mostafaei's whereabouts have been unknown since shortly after he was released from questioning by judicial officials last Saturday," the London-based human rights group said.

It said Iranian authorities also had detained the lawyer's wife, Fereshteh Halimi, and her brother, Farhad Halimi, later that day in a possible attempt to pressure Mostafaei to surrender if he wasn't already detained. "They remain held and have been denied access to their lawyer," according to the statement.

Mostafaei did not respond to calls to his cell phone, and family members could not immediately be reached for comment. Iranian authorities routinely refuse to discuss such issues.

The lawyer wrote on his blog after his release Saturday that he had been mainly questioned about his defense of juvenile offenders. He also wrote on his Facebook account: "It is possible they will arrest me," according to Amnesty.

He and a number of other lawyers launched a campaign against the execution of juveniles in 2008, demanding that the punishment be abolished.

"Mohammad Mostafaei is a thorn in the side of the Iranian authorities and we fear that he is being persecuted in an attempt to stop him carrying out his professional activities as a defense lawyer and in support of human rights," Amnesty official Malcolm Smart said.

Human Rights Watch, another advocacy group, has said Ashtiani was first convicted in May 2006 of having an "illicit relationship" with two men following the death of her husband — for which a court in Tabriz, in northwestern Iran, sentenced her to 99 lashes. Later that year she was also convicted of adultery, despite having retracted a confession which she claims was made under duress.

Stoning was widely imposed in the years following the 1979 Islamic revolution, and even though Iran's judiciary still regularly hands down such sentences, they are often converted to other punishments.

The last known stoning was carried out in 2007, although the government rarely confirms that such punishments have been meted out.

Under Islamic rulings, a man is usually buried up to his waist, while a woman is buried up to her chest with her hands also buried. Those carrying out the verdict then throw stones until the condemned dies.

Source: AP, July 29, 2010

Wednesday, July 28, 2010

Lawyer in Iran stoning case in hiding to avoid arrest, supporters say

Mohammed Mostafaei
Human rights attorney Mohammed Mostafaei (pictured) helped bring the world's attention to his client, Sakineh Mohammedie Ashtiani, a 43-year-old mother of two who was set to be stoned to death for allegedly committing adultery in Iran.

And in the process of his very public campaign to clear his client's name, Mostafaei may have also turned the Iranian government's spotlight on himself.

On Saturday, while the world was rallying in support of Ashtiani, hoping to pressure the Iranian government to reverse her death sentence, human rights groups say Mostafaei was being questioned by Iranian authorities for four straight hours in Evin prison before being released.

His crime? According to Rudi Bakhtiar from the International Campaign for Human Rights in Iran, Mostafaei was being pressured for making the Ashtiani case too public.

"The reason why Mr. Mostafaei is under fire is no doubt because of the worldwide attention concerning the Ashtiani case," she said. "And this is something the Iranian government does not like at all."

Mostafaei told CNN in July that he had been arrested once before, shortly after the post election turmoil in 2009, and that he knew the risks he was taking by speaking so publicly about the Ashtiani case. But he also said that risk wouldn't deter him from speaking out about human rights abuses in Iran.

Now it seems his family may be paying the price. Bakhtiar and other human rights advocates said Mostafaei went into hiding on Saturday to avoid arrest.

But Bakhtiar said, the Iranian authorities still managed to get their message across.

"His wife and his brother in-law were picked up when they went to his office to get his car, " Bakhtiar said. "The authorities were outside Mostafaei's office waiting to arrest him. Instead they arrested his wife and his brother-in-law. Then they called his wife's father and told him, 'We will release them as soon as Mostafaei turns himself in.'"

Mina Ahadi, from the International Campaign Against Execution, says the Iranian government is holding Mostafaei's relatives "hostage," and that the International community needs to keep speaking up and speaking out as they have for Ashtiani.

"I think it is a very dangerous situation for Mr. Mostafaei," she said. "If he were to present himself to the authorities, he might receive 10 to 15 years in prison, and I think we must put pressure on the Islamic regime so that his wife and brother will be released."

Bakhtiar says that unfortunately cases like Mostafaei's are far too common in Iran.

"Other attorneys have been arrested similarly when they have tried to advocate for certain people. This is something the government of Iran has tried over and over again -- to hush, using fear and intimidation tactics and also imprisoning anyone that they feel is threatening," she said. "The Islamic Republic likes to keep their stoning cases and their executions very quiet."

But for now one case Mostafaei has advocated for so diligently remains very public.

Next week, human right's groups say, the Iran judiciary may release their final judgment in the Ashtiani case, deciding whether to reinstate her sentence of death by stoning, execute her by another means or possibly even grant her a reprieve.

Source: CNN, July 28, 2010


Mohommad Mostafaee at large; family members "held hostage"

Evin Prison, Tehran
Iranian authorities should end their efforts to arrest Mohammad Mostafaee, a human rights lawyer whose work came into international focus with his defense of Sakineh Ashtiani, a woman sentenced to be stoned to death for adultery, the International Campaign for Human Rights in Iran said today. In what is being interpreted as a pressure tactic to force Mostafaee to turn himself in, his wife, Fereshteh Halimi, and brother-in-law, Farhad Halimi, neither of whom is involved in human rights work, were detained at the same time shortly after Mostafaee was last summoned on Saturday, 24 July. Mostafaee was first summoned to a security court for interrogation on 21 July. His current whereabouts are unknown.

"In advocating against the stoning of his client, Mostafaee has broken no laws, rather, he has tried to uphold the laws and rights of Iranian citizens," stated Hadi Ghaemi, spokesperson for the Campaign.

"The apparent effort to halt Mostafaee's important work is in direct violation of Iran’s international human rights obligation to allow for independent legal counsel," he added.

The Campaign also called for the immediate release of Mostafaee's wife and brother-in-law, whom it said were "essentially hostages who have been kidnapped."

In an interview with the Campaign, on 23 July, Mostafaee stated, "I have not committed any crime for which they would want to keep me. My work as a lawyer is defending the accused, and all the processes are done according to the law. There isn't any part that is outside the law. I respect the law and always have respect for the judicial system. I have a professional outlook towards my work and therefore there is no reason for my arrest. However, a potential always exists."

A number of human rights lawyers have been banned from travel, arrested, detained, tortured, and put on trial in the course of Iran's post-election crackdown on dissidents and civil society groups. They include, inter alia, Mohammad Ali Dadkhah, Shadi Sadr and Abdolfattah Soltani. Threats against other human rights lawyers have continued.

Iranian judicial authorities routinely disallow lawyers representing prisoners of conscience to meet with their clients, have access to court documents, or to make statements during trials. According to information the Campaign has received from human rights lawyers, prisoners have been ordered by authorities to change their lawyers, and have prevented lawyers from representing clients.

"The warrant for Mohammad Mostafaee’s arrest is further evidence of the erosion of legal rights in Iran," Ghaemi said.

Source: Iran Human Rights, July 28, 2010