Table 1 The Context for Appeal of Mr. Leysanli

The attached appeal by Mr. Leysanli has been explained in the above references and new and original materials are also given in the appeal. However, there is still some gap for the uninitiated parties. This gap is related to the official response to the defamation by the daily newspaper, Iran , daring against the integrity of the nation of Southern Azerbaijan and also what happened to the newspaper itself. Regrettably, we have not kept the press cuts for the subsequent development and therefore we cannot be precise. However, a rough guide without precise dates is given below in the bullet point format.

Background – Amnesty International’s account on the background (Slightly refined)

In May 2006, massive demonstrations took place in towns and cities in north-western Iran , where the majority of the population is Azerbaijani Turkic, in protest at a cartoon published on 12 May by the state-owned daily newspaper Iran which many Azerbaijani Turks found offensive. Hundreds were arrested during or following the demonstrations (see UA 151/06, MDE 13/055/2006, 26 May 2006 and UA 163/06, MDE 13/063/2006, 8 June 2006). Some of those detained have allegedly been tortured, with some requiring hospital treatment. Publication of the newspaper was suspended on 23 May and the editor-in-chief and the cartoonist were arrested. Azerbaijani sources have claimed that dozens were killed and hundreds injured by the security forces. The security forces have generally denied that anyone was killed, although on 29 May a police official acknowledged that four people had been killed and 43 injured in the town of Sulduz .

The Official Response

• The Islamic Republic of Iran reacted to the Southern Azerbaijani students protest by threatening and brutish acts of beating up the protesting students but hardly arresting them. The student movement raised the awareness of the nation of Southern Azerbaijan and on 22 May mass protest broke out in Tebriz spontaneously and this was replicated in Urmu on 23 May 2006.
• In response to these protests, the Iranian government had no choice but to close the Iran newspaper and arrested the cartoonist and the chief editor in response to this protests. Until then they thought they could get away.
• At the same time, the rulers of Tehran reacted to the peaceful protests by bloody repression.
• On 24 May 2006 the protests swept to most of the cities and afterwards there was no abatement to the mass protests despite the iron-fist policies, but Erdebil was under even a harsher regime and yet to join the movement.
• Some of the Southern Azerbaijani MPs played nice and joined the official ranks condemning the protesters and kept quiet about the defamation other objected and offered a bill to make it illegal to defame any ethnic group but this was hampered by the officials.
• Southern Azerbaijanis suffered a clampdown and many were detailed
• The chief editor and cartoonist were tried recently and the cartoonist was smuggled to a foreign country when he was in furlough (yet Mr. Hesen Azerbaijan has been detained illegally but was not allowed a furlough when he wanted to visit his lifelong friend in the deathbed (see our letter: Ref: 395/2006 on 9 October 2006). The chief editor was recently cleared.
• The seal on the newspaper Iran was lifted recently and it will be published from 30 October 2006 and yet Mr. Leysanli’s business licence has been revoked illegally and this is yet to be lifted.

THE TRANLATİON OF MR. LEYSANLİ’S APPEAL

The source document is available both in Farsi and in Azerbaijani Turkic. However, much to the abhorrence of Mr. Leysanli, the Iranian authorities will only accept the appeal in Farsi. We draw your attention to the fact that Mr. Leysanli has concluded his appeal with a poem in Azerbaijani Turkic with s stern message that the struggle of his nation goes on.

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Translator’s Note:

Note 1:    The style of the Defence Document has changed from the customary literary Persian style to that of English. Therefore the texts in Italic and paragraphs are introduced by the translator.

Note 2:    The translation is also checked against the Azerbaijani Turkic translation, where the meanings and expressions are clearer.

Note 3:    The word “Southern” is often added to most of the occurrences of the word “ Azerbaijan ” in order not to incriminate the Republic of Azerbaijan with the ills of the Iranian authorities.

Note 4:    You already have the translation of the Sentence as per our letter: 400/2006 on 18 October 2006. However, the translation was conceptually true but not word by word, as the Verdict (Sentence) issued by the court was of 2 pages in one paragraph and the whole text was in one sentence.

Note 5:    The names are transcribed into English based on their Azerbaijani Turkic pronunciations in preference to their Farsi corruptions, e.g. Savalan but not Sebelan. Similarly, Mr. Leysanli’s name may be transcribed as Lisani or Lesani.

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The Translation

In the name of God

Appeal against the sentence for taking part in the 27 May 2006 Mass Protests – Court Case (Registration Number)

Dear Head of the Appeal Court in the Province of Erdebil ,

With respect, I, Abbas Lisani, wish to appeal against the sentence issued by Branch 105 of the General Penal Court of Erdebil sentencing me to 16 months of imprisonment and 50 lashes. The sentence is issued on the grounds of the Islamic Penal Code; your Reference for the Sentence is: 85/7/5-630 on my File Reference is: K85/105-546. I consider the sentence to be illegal, unjust and thoroughly brutal. Furthermore, I hold that there is no legal basis for the sentence, as substantiated below:

1.      The first accusation charged on me in the issued sentence states “taking part in disturbing public order and peace among the community by way of unusual movements and creating noise in the illegal gathering and marches on Saturday evening 27 May 2006 all over the city of Erdebil ”

a.       According to Article 27 of the Constitution of the Islamic Republic of Iran “It is open to anyone to form gatherings and marches without carrying weapons and provided that the Islamic foundation is not undermined.” This clear and explicit article of the Constitution was complied with in the above said protes