Say (No.): 446/2007

Tarix (Date): 4 March  2007

BMT, İnsan Haqları üzrə Ali Komissarlıq

            Lütfən bu ilətişməni İnsan Haqlarını Savunanlar üzrə Baş Katibin Özəl Təmsilçisinə çatdırın, habelə aşağıdakı qruplara da dəxli var:

·         Öz-xoşuna Tutuqlular üzrə Çalışan Qrup

·         Çağdaş İrqçilik və Ayrı-seçkilik üzrə Özəl Raporter

·         Milli Azlıqlar üzrə Müstəqil Mütəxəssis

Üzü      Xanım Harrison, Amnesty International, London

Səid Mətinpur

Say (No.): 446/2007

Tarix (Date): 4 March  2007

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 of interest 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

            UNESCO and various news media

Seid Metinpur

Table 1         Communication on Mr. Seid Metinpur

The Special Representative of the Secretary-General on human rights defenders

Office of the High Commissioner for Human Rights

United Nations

1211 Geneva 10, Switzerland

FAX:  (41 22) 917 90 06

1.               Information regarding the alleged victim

1.1       Full name

          Seid Metinpur (His name was also transcribed by Amnesty International from the Arabic script according to Farsi, as Sa’id Metinpour)

1.2       Age

          20 September 1975

1.3       Sex

          Male

1.4       Profession or occupation

          Journalist

1.5       Place of residence (or origin, if relevant to the violation suffered)

          The Southern Azerbaijani city of Zengan , in Iran

1.6       The victim’s affiliation, if any, with an organization, association or group engaged in human rights work:

          Please refer to the attachment

1.6.1    Name of the organization, association or group

Please refer to the attachment

1.6.2    Name of the person heading the organization, association or group

            The victim is a human right defender and a webblog writer. He is independent and as far as we know he is not affiliated to any organisation.

1.6.3    Nature of human rights work the individual performs

1. He is outspoken in defence of Rza Abbasi (see our Communication: Ref: 433/2007 on 3 January 2007-02-28)

2. He is an arduous campaigner for the mother language of Azerbaijani Turkic, see the attached list

1.7       If the alleged violation is against an organization:

1.7.1    Name of the organization

1.7.2    Nature of the human rights work/activities it is engaged in

          An important theme in victim’s activities is the defence of mother tongue and the victim was arrested when celebrating the International Mother Language  Day

1.7.3    Territorial scope of its work (national, regional, international)

           His activities cover the whole of Southern Azerbaijan and in particular his own region of Zengan

1.7.4    Affiliations with other human rights organizations, if any

1.7.5    Name of person(s) heading the organization

          Not Applicable

1.7.6    Additional information on the history of the work the individual or organization has performed, if submitted, may be helpful in assessing the complaint/allegation.

2.               Nature of the alleged violation

            All relevant information regarding the violation allegedly committed against the human rights defender, or organization, association or group, including:

            According to the evidence detailed in Table 2, the victim was arrested in relation to celebrating the International Day of Mother Language in Zengan.

2.1       Date

          21 February 2007, in the afternoon, probably around 4-6 p.m.

2.2       Place

Zengan, Sebze Square , City Centre

2.3       Description of the events/incident

More than thousand people turned up for the celebration of a well-publicised rally in the city centre in Zengan. Scores of people arrived with a festivity mood, distributing sweets among each other. The authorities were acting in an obstructionist fashion all the way through. Evidence for rounding up and a systematic arresting is in the attached report in Table 2, which describes a young woman was arrested while she was passing by and others were also arrested in their workplaces through a systematic wave of repression. We know the name of at least 28 victims but there is yet no official press release. Mr. Metinpur, the victim described here was arrested in the city centre, Sebze Square , Zengan.

2.4       Nature of violation suffered or threatened (The information must indicate the connection of the alleged violation to human rights activities performed.)

          Reports indicate that generally, the police attacked the arrested victims and subjected them to physical violence.

2.5       If the violation involves or includes the arrest and/or imprisonment of an individual or group of human rights defenders, information is required on:

          In general, there is reliable information that the victims were subjected to physical violence during and possibly after the arrest. In the case of Mr. Metinpur, a report by his wife, Mrs. Etiyye Metinpur informs us that there was blood in his lip when he was taken away by the arresting officials, suggesting that he was assaulted ( http://www.hbayat.com/) .

2.6       Identity of the authority involved (individual and/or ministry and/or department)

          It is invariably the Ministry of Intelligence involved with these types of illegal acts. In this case the police was also involved. The names of the individual agents/police committing the act of arrest are not known, nor those who were beating up the rally participants.

2.7       Date and place of arrest

21 February 2007

            Sebze Square , City Centre, Zengan.

2.8       Any circumstances under which the arrest was made that are relevant to the violation

          We have provided you reliable information in Table 2, where it explicitly states there are no official press release. Even the authorities are denying that there has been any arrest, let alone any detention. However, the reporter with the state licence confirms that 26 individuals have been arrested, with the 8 under detention. All the arrests are in relation to the celebration of International Mother Language Day. Three more has been released since then. All together four individuals were arrested with the surname Metinpur, two female and two male. Three of the Metinpir’s have been released bu Mr. Seid Metinpur is still in detention. Mr. Seid Metinpur was only released on Saturday 3 March 2007.

2.9       Nature of charges, if any, and the legal statute invoked

          The reporter as detailed in Table 2 of this Communication quotes two officials who contradict the arresting of any individual but definitely there are no imputed charges yet.

2.10     Potential penalties the individual or group faces

          The precedence is that the colluding authorities have a free hand and they impose harsh jail terms from a few months to a few years and as a reflection of their racist policies, their sentences include flogging to humiliate the Southern Azerbaijani advocates of the national movement.

2.11     Place of detention, if known

          -

2.12     Term of detention

            -

2.13     Information on the provision of access to legal counsel and family members

          As far as we know, Mr. Metinpur had no access to a lawyer.

2.14     Steps taken to seek administrative or judicial remedy, nature of the remedy sought, legal entity before which proceedings have been taken, and stage or result of such proceedings

          As detailed in Table 2, the families of the arrested ones gathered in front of the building at Headquarter No. 2 of Security Forces the detention facility to canvass for the release of the victims. The Metinpur families were not successful but in time they have all been released on bail: ( http://www.haqqimiz.blogfa.com/)

2.15     If the defender is being prosecuted in the courts for any activity in defence of human rights or related activity, or as a consequence of such activity:

          The defender is on bail and therefore he now stands the risk of being prosecuted for the defence of human rights on mother language and we will issue updates if other charges are brought against him.

2.15.1 The date and location of the trial

-

2.15.2 The court hearing the case

          -

2.15.3 The relevant appeal procedures

          -

2.15.4 The penalties the group or individual faces

          -

3.               Perpetrator(s) of the alleged violation

3.1       Name(s), if known

          We consistently maintain that the authorities are extremely careful to cover their track on matters related to the politics or national and human rights of Southern Azerbaijanis. So all the perpetrators are harboured dearly by the authorities.

3.2       If they are members of the security forces, their rank, functions, the unit or service, etc., to which they belong

          Please refer to 3.1, above.

3.3       If they are members of a civil defence group, paramilitary or other forces or an armed group, details on whether or how these groups relate to the State (e.g. cooperation with the State security forces, including information on chains of command, if available, State collusion with or acquiescence in their operations)

           Please refer to 3.1, above.

4.       Steps taken by or on behalf of the victim or organization to seek a remedy at the national level

4.1       All relevant information regarding whether a complaint was filed

          Family members canvassed but this was unsuccessful.

             Also, in relation to the celebration of the International Mother Language Day in Zengan, the Islamic Society of Student of the Zengan University have protested to the ill-treatments by the police against the rallying individuals stating that according to Article 27 of the Constitution of the Islamic Republic of Iran, “these rallies and group associations are free if no weapon is carried and if it does not violate the Islamic foundations.” They have asked the members of the Islamic Majles to take up the matter before the right authorities to secure justice for the nation.

4.2       If so, when, where, by whom and before which authority

           In front of the building at Headquarter No. 2 of Security Forces the detention facility, Zengan

5.               Steps taken by the concerned authorities

5.1       Whether or not an investigation or inquiry into the alleged violation has been initiated and/or concluded

           This is not really relevant in Iran when the victims are promoting the national and human rights for the nation of Southern Azerbaijan . The authorities are then most brutal and many organisations collude with one another including: the judiciary system attached to the Ministry of Justice, Ministry of Information, Ministry of Interior responsible for prisons, the police and many paramilitary organisations. We are definitely not expecting any governmental investigation.

5.2       If so, by which authority, ministry or department of the Government

           Please refer to 5.1, above.

5.3       Progress and status of the inquiry or investigation at the time of submission of the allegation

           Please refer to 5.1, above.

5.4    &nb