One thousand two hundred and ninety cases of violations of human rights in Iranian Kurdistan

While Kurdpa News agency are publishing the rate of continuous discrimination and repression and human rights violations in Iran, particularly in the Kurdish region. This is the fifth consecutive and analytical report within the last five years.

The report has classified all statistics on human rights violations in which covers one thousand three hundred cases. It is also citing authoritative sources of information for statistical, without mentioning the names of any individuals. In the last year more human right violation were carried out in Iran however since other source of media did not confirm them it was not addressed in this report.

Kurdpa News agency is in the possession of Names, details and documents related to this report.

Table (1)

Human right violation in the Iranian Kurdistan (2016)



numbers of human right violation in the Iranian Kurdistan could potential be more than what it seems in this report, this is because many report have not been confirmed by a reliable source of news therefore they have not been indicated in this report.

Summon and arrest:

Detention, killing and wounding civilians, backpack carrier, and sentencing to imprisonment are 564, 154 and 119 respectively. These are the highest number of human rights violation in the Iranian Kurdistan.

There have been 9 cases of mass arrests of Kurdish citizens between group of 15 and 40.

At the beginning of March 2016, during Newroz celebrations a group of 23 people were arrested by the security forces in Sanandaj.

During Kurdish opposition party ‘s activities mass arrest were taken place by the Iranian security forces in the Iranian Kurdistan.

Arresting Sunni Muslim has also been taken place such as two groups of 19 and 40. Within the last year 25 managers of Telegram network were arrested by cyber security force. In Chahar-shanbeh Souri (last Tuesday of year celebration event) 40 people were apprehended in Kermanshah. On the other hand 20 environmentalists were also arrested together in Mariwan. Statistically, 32 female are among of convicted and summoned individual.

Convicted:

According to the statistics, 119 Kurdish citizen of Iran have been convicted on political-security\" charges. Revolutionary Courts have sentences them to 409 years, 11 months and 5 days of imprisonment, 11 years and 1 day suspended prison, 94 lashes and one political prisoner sentenced to death. (4 students, 2 civil rights activist, two teachers, one Sunni Muslim activist and three political prisoners are among the convicted detainees). All these people have also been charged with \"acting against national security\" and \"propagating against the regime\".

Among these prisoners 25 people were sentenced to between 10 and 25 years imprisonment. Furthermore 9 women are among convicted individual.

Execution:

Last year a political prisoner named Muhammad Abdullahi was executed in the Urmia prison and Hedayet Abdullah-Pour whom had been arrested in Qara-Saqel village was sentenced to execution in Oshnavieh.

In addition, 21 Sunni Muslim prisoners in Rajaie –Shahr prison were executed and another 7 were sentenced to death. Currently 23 Kurdish people are sentenced to death in which all of them are in custody.

Land mine explosion:

52 Kurdish citizens were killed and injured as a result of landmine explosion, in which 9 of them are children. Two out of these children were killed and the other 7 were injured. In addition to this in total 7 landmine sweepers were also injured while they were detecting and removing landmine in the Kurdish region of Iran. Three women are also among either killed or injured people due to landmine explosion.

According to a lawyer Osman Mazin: In the Iranian judiciary system there is no different between underage and adult victims.

Those suffered from landmine explosion are classed as victims of war however they are not provided any aid or facilities, as it should be given for the victims of war and their family.

There is no clear and specific free medical treatment policy for the victims of landmine explosion in Iran.

It should be noted that among the countries of the world, Iran is among 36 countries that have not signed a treaty in which prohibiting the use of landmines. According to current statistics, there are over 16 million pieces of undiffused landmine remaining from the period of Iran-Iraq war in particular within western border of Iran. The Iranian government has allegedly no plan for detection and removing these large amounts of landmines.

Strike and the condition of political prisoners:

During the last year 22 prisoners including 22 political and 5 religious cases attempted hunger strike following the prison warden inappropriate behavior and negligence. All these prisoners were denied having access to medical treatment for having physical conditions.
In this regard, Head of the Judiciary announced on January 2017, that any one, promoting and spreading information regarding the issue of political prisoners hunger strike would be prosecuted. He further urged the judiciary authority that must not be influenced by what he called as the atmosphere created by of media and their impact on the society.

82 political and Sunni Muslim prisoners were transferred to solitary confinement, the right of these prisoners were on the basis of security grounds. Four political prisoners were also summoned this is just to put them under pressure and filing lawsuit against them. In addition 144 political and religious prisoners have faced ill treatment, not having access to the medical care and right of annual leave due to their medical conditions.

Human Rights Defenders in their report in April 2016 while referring to the fact that the political and ideological prisoners in Iran have been deprived of medial treatment therefor, \"The judicial authorities of the Islamic government can be charged with manslaughter. This organization also accused judiciary officials in Iran of discriminatory practice in implementing the Code of Criminal Procedure and the law.

In regards with providing Security and services for the prisoners.
Under Article 502, judges should replace, convert or stop carrying out the verdict if individuals suffering from physical or mental illness.

The above mentioned human rights organization which is led by Shirin Ebadi said: \"charging prisoners for the cost of hospitalization and medical car, is contradictive to the Executive Regulations of providing security and facility for Prisoners.

Denying political, ideological and civil prisoners, from access to medical services also late transferring sick prisoners to the hospital are a common practice that the Iranian government use to put the prisoners under physical and psychological pressure.

Ban Ki-Moon reiterated that detainees in Iran are facing torture, ill treatment. He quoted Zaynab Jalaliyan as an example of political prisoner whom has been severely ill treated in jail.

Also in 2016 Amnesty International in a statement requested for immediate action, regarding Afshin Sohrabi a member of Iranian Kurdish minority who has been in prison for 25 years, in far southern region in Iran. They believed he needed immediate medical treatment, which should have been provided from outside of the prison. He is in life threatening condition and not having access to an appropriate treatment has intensified his medical condition.

Declaration:

Ahmad Shaheed criticized Iranian judiciary and security authority in his last report back in September 2016. Criticized Iranian judiciary and security authority for the way they deal with journalists and media activists, dual citizens, political and social activists and workers. He also reiterated that the execution as the method of punishments is cruel and degrading humanity in Iran.

The UN Human Rights Council in September pointed Asemeh Jahangir as the UN Special Rapporteur for Human Rights in Iran. Ahmad Shaheed, a former UN Special Rapporteur for Human Rights in Iran whom had been elected in 2011 was never allowed to visit the country by the Iranian authority.

Asemeh Jahangir in her initial comprehensive report, for the first time addressed violation of human rights in the Iranian Kurdistan separately; she also raised her concerned over increasing human rights violation in Kurdistan region in Iran. He noted that one-third of execution and half of political prisoners in Iran are Kurdish.

In December this year, a resolution condemning human rights violations in Iran at the UN General Assembly was adopted. This was because of widespread of human rights violations, including the use of torture, increasing the death rate, sharp restriction on freedom of assembly, discrimination against women and religious minorities.
Further more in October 2016 a new report from UN Secretary-General on the human rights situation in Iran extremely concerned over human right violation, including executions, floggings, arbitrary detentions, unfair trials, and torture in detention centers and prisons in the country.

Table (2)

Human rights violations in the field of activities in the Iranian Kurdistan



Political Prisoners in Iran are often members of opposition groups, bloggers and journalists, labor activists, and religious minorities. They are charged with vague subjects, which are classified as National Security by the Iranian judiciary. They are all in custody.

In most cases political prisoners are denied access to lawyer fair trials. Most of them are in custody for month with undecided charges against them. They are kept in detention centers and solitary confinement.in many cases they are forced to confess by the means of torture and ill treatment.

The new Iranian criminal procedure law, regarding \"crimes against internal and external security of the country as well as criminal organization, defendants must choose their attorney among lawyers recommended by the Chief of Justice at the preliminary inquiry.

Meanwhile, Ali Asghar Jahangir chief of prisons in Iran on the sidelines of the thirty-first session of the United Nations Human Rights Council said: \"In our country, there is no political prisoner by the definition of some other countries, although we have some security related prisoners. Early May 2016, Iranian Foreign Minister in an interview with American PBS television network denied, any prisoners whom has been arrested regarding with expressing their opinions.

The role Iranian government institutions in human rights violations in Iranian Kurdistan:

Table (3)

Institutions that have been involved in arresting and Kurdish citizen in Iran



According to table 3 security forces are the main Iranian institution in arresting Kurdish citizens.

Referring to Universal Human Rights Watchdog \"the repressive Iranian security and intelligence forces and the judiciary have broad powers and committing wide range of crimes.

According to the report, intelligence service, security forces and the judiciary authority are the main perpetrators of human right violation in Iran.

In the Islamic Republic of Iran, in addition to law enforcement as the official body, responsible for arresting and detaining people, there are parallel and complex organizations such as the Office of Intelligent service, the Revolutionary Guard, the Basij and vigilante known as plain clothes linked to the previous three organizations. The plainclothes have power to detain individuals without any prior judicial warrants and time limits.

Unknown Fate:

Among 503 cases where people have been arrested by the security forces, the fate and whereabouts of 333 of them is unknown, the home of 33 of them have been raided and searched by judiciary law enforcement and security forces. The personal belongings of 32 of those detainees were confiscated and 19 of them have faced ill treatment and torture at the time of arrest.

Universal Declaration of support for the people regarding “forcefully disappeared” stated that, disappearing people forcibly is a potential reason to avoid and preventing investigation to discover the fate or location of the person. This is classed as the deprivation of freedom, and that this approach undermines the deepest values of any society committed to respect for the rule of law, Human rights and fundamental freedoms. In addition this is a systematic approach to committing crimes against humanity”.

According to Article 6 of the Law Concerning Respecting Legitimate Freedoms and Protecting Citizens\' Rights, any form of persecution and humiliation during arrest and interrogation is prohibited.

According to Article 24 of the Code of Criminal Procedure, judicial authority should allow inspecting homes, confiscating personal belongings. Although the law enforcement office should implement the process of judicial investigation, however in practice the current roles are not followed accordingly.

Approach to security in the Islamic Republic of Iran reveals that the secretly holding detainees is in fact pursuing the following the objectives:

1- Covering up the death of detainees as a result of being tortured in which would lead to an intense media reactions against the government.

2 -Preventing an investigation to unveil the fate or the location of the detainees. Denying the fact that any arrest has been taken place, so the detainees can not have any access to any legal support to reveal the truth.

3- Creating an atmosphere of terror designed to confessions and instill charges usually done in a limited time period.

Islamic Republic of Iran from 1976 to joined \"International Convention on Civil and Political Rights\". In accordance with paragraph 2 of Article 9 of the Convention, anyone who is arrested

shall be informed, at the time of arrest, of the reasons for his arrest and should also be promptly informed of any charges against him.
Since Ayatollah Ali Khamenei took the power as a supreme leader, the number of Islamic Republic of Iran\'s security agencies has increased from 5 institutions to 16.

Killing people:

Table (4)

The way in which backpack carrier and civil citizens killed and injured in the Iranian Kurdistan 2016)



According to Table 4 vast majority of backpack carrier and civilian have been killed by the military forces.

Shooting and killing Kurdish backpack carrier take place while many Kurdish citizens in Iran choosing backpacking due to wide range of unemployment end economic break down.

During the killing and injury of civilians and backpack carrier three backpack carrier aged between16 and 17 were killed and wounded by the Iranian military forces. Furthermore in 2016, 14-backpack carrier lost their lives due to avalanches and frost and blizzard. In this regard and in relation to the livelihood of the people of Kurdistan and the status of backpack carrier, about sixty actors, politician, civilian, journalist and lawyer sent a letter to the head of the three .

government sections (judiciary, legislative, executive) calling for general development and creating job in the Iranian Kurdistan.

According to the director of border region markets called Tamarchin in the city of Piranshahr \"No backpack carrier is insured. The only thing that have been done among four thousand backpack carrier using Tamrchin border only ten unnamed individuals are insured. This is only to cover them for medical treatment if they face an accident. On daily basis between 700 and 1000 backpack carrier commuting in Tamrchin border and they are prone to any type of accident.

Fethullah Zamanian, the head of anti-smuggling goods and foreign currency in September 2016, said: \"If the backpack carrier and any other smugglers, disregard police orders are to be shot in the Zero- point border line.

According to Article 3 of the rule of engagement in the Islamic Republic of Iran, the military forces are allowed to use their weapon only if they their lives are in danger or the second party tends to kill them. Clause 3 of this law states that military forces must not use their weapon without prior warning. According to experts and lawyers, referring to the policy of using guns, shooting at backpack carrier is a violation of this rule.

Representation of domestic and international law:

According to the United Nations General Assembly, military forces in Iran shoot backpack carrier as soon as they are spotted.
According to the rule of engagement in Iran, a suspected person must be first warned by the armed forces and if there is no response they must shoot into the air and as a final step they need to shoot at the waist down.

Military forces in Iran shooting gunfire at the backpack carriers, while according to the Islamic penal code those who carry out backpacking and any other business which is classified as smuggling goods and communing unlawfully within border region, should only being sentenced to a few months imprisonment and certain amount of fine which are a few time more than the values of the smuggled goods.
According to paragraph A, Article 2 of smuggling law, if the value of contraband is less than 400 dollars no punishment should be considered. Since the amount of goods are carried by backpack carrier is usually less than 400 dollars they should not be facing any fine or punishment but the products or goods would be confiscated.

Legal view:

Islamic Republic of Iran, believe that backpack carrier is classed as smuggling goods, therefore they are found guilty, however from legal point of view there are certain doubt about this judgment.

According to Saleh Nikbakht, a Kurdish attorney, each trial regarding killing backpack carrier by the Iranian military force does not reach a clear conclusion. Perpetrators all are acquitted, this is because they simply tell the court that they only follow the rule of engagement.

The same attorney stated, when inaccuracy of shooting at from the waist down are scrutinized they would not be held responsible for killing Kurdish citizen in Iran, because they would simply make far distance an excuse for inaccurate shooting at civilians. He also said that If a person is in a vehicle, initially the car’s tires is targeted and then the driver should be arrested, however in many cases the armed forces have breached this rule and instead they do directly shoot at the passenger in the vehicle.

There has many reports that military forces shot at civilian’s cars but eventually they would realize that there is no evidence of smuggling such as unauthorized goods in the car.

Regarding killing backpack carriers, Muhammad, Saleh Nikbakht had previously told Kurdpa that if the military forces follow the rules of engagement, killing these people would be classed as murder. The punishment for this charge in Iran is execution.

According to Nikbakht, in the past few years the death of backpack carriers have been considered as either unintentional or semi-intentional, ultimately the perpetrators are exempt from prosecution.
Widespread killing backpack carrier, are carried out while the deputy of Kurdistan governor in Iran, at the beginning of March, said: \"It is safe to say that since the start of the government of prudence and hope, even one backpack carrier has not been killed or injured on the border region of Iranian Kurdistan.

No character or entities associated with direct fire at backpack carriers and Kurdish businessmen within the border region have been prosecuted. The legal investigations, which have been lodged, by the family of victims are neglected under the pretext of \"preserving and protecting the borders”.

Backpacking is one of the biggest challenges, facing the person who lives in the border region and many families rely on this way for living.
Statistical comparison between Kurdistan region and different parts of Iran indicates that backpacking is not a choice but an obligation. If there were a choice and possibility to find another job, would have been chosen another job in the Iranian Kurdistan.

Undoubtedly the vast majority of backpack carriers would not chose this exhausting.

Upcoming election and the situation of human right in Iran:
At a meeting over the human rights situation in Iran on the eve of Iran\'s presidential election, which was held in the UK Parliament, the implementing the standard of human rights in Iran was scrutinized by Human Rights activists.

Tahereh Danesh, editor of \"Human Rights Report\" about the current human rights situation in Iran, believes that \"the lack of legal clarity\" is one of the main obstacles to implement the human rights in Iran.

Mehrangiz Kar a lawyer and author addressed the lack of independence of the judiciary system in Iran. She said that, the lack of independency in judiciary system in Iran has a great impact on human rights activities. The entire regional judicial system which in fact should be supporting people are appointed by the head of the judiciary, on the other hand the head of judiciary authority himself is appointed directly by the Supreme leader. In addition she said that in upcoming presidential election in Iran it is highly unlikely that any potential elected president can fulfill and secure the basic human right including freedom of speech and religious. She also said, the Iranian people do not have an essential means such as NGOs, independent political parties and a free press in their hands to demand their needs from the government.

She concluded by saying: \"This is an important question that how reformist and centrist or conservative can deliver the context of human rights or whether can be hopeful to fulfill these demands or not? Obviously vast majority of people will be participating in the upcoming presidential election because they do not have any other choice or way to select or make a change. Human rights can not be

implemented with any election if the judiciary is not independent she said.

Roya Kashefi the head of Human Rights Committee of the Iranian scientific research institute started her speech with the definition of elections in Iran. She reviewed, on one hand the election of Trump as a president in America, and on the other hand instability in the Middle East and intensified Nationalism in the world as the main three subjects which would have impact on the transformation of domestic developments in Iran.

This human rights activist, referring to the speech of Mohammad Khatami who said that \"the president of Iran can not be more than a facilitators “, called institutions such as the judiciary and the Guardian Council, which are appointed directly by the Supreme Leader as the main establishment against reforms and changes.

She also addressed the recent years orders issued by the Supreme Leader of Iran, for legislations amendments. Kashefi also said: \"In such a structure you choice would be restricted in the upcoming election.

When the entire candidates must be passing the Guardian Council and security agencies filters, when there is no independent or political parties, the people obviously do not have a free choice in the election. This human rights activist believes that boycotting the elections is important decision which can sent a crucial message to the Iranian regime. She continued: \"I do not believe reformist or conservatism in Iran, I see them as the both sides of the same coin that are thrown by the political frameworks to determine the winner. \"

At the end of the fifth consecutive year of statistics collected and recorded by the Central Statistics section in Kurdpa News Agency, summary of the last 5 years human rights violations in the Iranian Kurdistan are provided in the following table.

Table (5)

Human right violation figures within the last 5 years (2011-2016) in the Iranian Kurdistan