A call for justice: Right to fair trail on Ghassemlou’s assassination

15:47 - 12 July 2019
July 13th marks the 30th anniversary of the assassination of Dr Abdolrahman Ghassemlou, one of the prominent leaders of the Kurdish nation and the General-Secretary of the Democratic Party of Iranian Kurdistan (PDKI), with his party comrade Abdullah Ghaderi-Azar, PDKI representative in Europe, during negotiations between the PDKI and the Islamic Republic of Iran in Vienna, Austria.

Dr Ghassemlou and the Kurdish delegation went to the negotiating table in good faith, believing that after nearly a decade of war, the Iranian regime was interested in finding a peaceful solution of the Kurdish question. However, the Iranian diplomats assassinated Dr Ghassemlou and the other members of the Kurdish delegation in the very room where the negotiation took place. To the great surprise of the international community, the Austrian authorities escorted the Iranian terrorists to Vienna airport in order to facilitate their return to Iran as they had got diplomatic visas. After thirty years of passivity, the Austrian Government has still been denying justice and a right to fair trial in this case due to maintaining economic relations with the Islamic Republic of Iran.

Whereas:

The Union is founded on the universal values of human dignity, freedom, equality and solidarity, and respect for human rights and fundamental freedoms. It is based on the principle of democracy and rule of law, which are common to the Member States. Acts of terrorism constitute one of the most serious violation of human dignity, freedom, equality and solidarity, and enjoyment of human rights and fundamental rights on which the Union is founded. They also represent one of the most serious attack on democracy and the rule of law, principle which are common to the Member States and on which the Union is based. Terrorism is a real challenge to the world and to Europe, therefore, fighting against terrorism is priority of the European Union.

Having regard to:

Council of Europe Convention on the Prevention of Terrorism Article11
the Treaty on the Functioning of the European Union, and Article 83(1)
Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
And according to:

The Charter of Fundamental Rights of the European Union Article 47
Convention for the Protection of Human Rights and Fundamental Freedoms Article 13

Upon receiving information that a person who has committed or who is alleged to have committed an offence set forth in this Convention may be present in its territory, the Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information. Also, every individual has the right to an effective remedy and a fair and public hearing within a reasonable time by an independent and impartial tribunal.

As a result of thirty years of impunity, We, the European Kurds, hereby are requesting the European Union to call upon the Austrian Government to reopen the trail to this terrorist action.

We demand that Austrian authorities to proceed on this request and reopen the assassination investigations so that the independent judiciary can bring the perpetrators of this terrorist act to justice.

We demand that the Austrian government hand over all documents, files and the evidence related to the assassination of Dr Abdolrahman Ghassemlou and Abdullah Ghaderi-Azar to an independent inquiry.

At the same time, we call upon the European Parliament and the member states of the European Union to urge the Austrian government to uphold the law and reopen the investigations into this terrorist action on account of safeguarding the core European values of democracy, human rights and justice.