News on September 26, 2007
Referring the Case of One of the Arrested People in front of the Osnaloo’s House to the Court of Revolution
Iran Student News Agency (ISNA) - Tehran- September 26, 2007
Services: Religious Jurisprudence and Rights- Economical Rights
Ebrahim Maddi’s attorney gave the News of referring his client’s case to the Court of Revolution, Branch 28.
Parviz Khorshid gave this News to ISNA and said,” We went to the Branch 28 of the Court of Revolution in order to read his file, but we haven’t been allowed. They told us that reviewing the file requires the retainer contract between attorney and client. We accepted to defend this case free of charge, and we should be able to visit our client in the prison in order to provide the required contract.”
He added, “My client called me from the prison and told me that his charge has been introduced as acting against national security by gathering in front of the Osanloo’s house”.
Defence Bill of Saieed Torabian
by
Dr Yousef Mowlaie and Parviz Khorshid; Attorneys - at Law
The Esteemed President of Branch 14 of Tehran Islamic Revolution Court
Subject: File Classification
Your Honor,
Mr. Saieed Torabian is the honest and hard working driver at the Tehran Vahed Company, who has carried out all the assignments, which have been given to him by Vahed Company, with sympathy, and hasn’t committed any offences in his entire career’s life.
Mr. Saieed Torabian as a hard worker and justice seeker observed the disarray, mismanagement and inefficiency at the Vahed Company, while he was in the extreme financial hardship and his salary wasn’t sufficient for his livelihood’s needs. On the other hand, the managers and the trade unions at the Vahed Company hadn’t taken any effective actions in order to fulfill the legitimate workers’ demands. Therefore, he was attracted to the activities at the Vahed’s Syndicate, in the situation that the trade union’s activities didn’t cause any political and security sensitivities, and despite of the fact that the security authorities were aware of forming the Syndicate and holding election they didn’t take any measures against the members to be accused of being the member of the Syndicate. Grown up within the Islamic Revolutionary’s values, Mr. Torabian, had never had any trade union’s experiences before the establishment of the Syndicate, and under the influence of the emotional and moral approach, indicated that revolutionary’s justice has been less applied in the interests of workers, attended some of the meetings and protest’s gatherings which had been organized by the Syndicate, with enthusiasm and passion as a thoughtful worker in order to conduct the authorities to take the proper and logic decisions which would be adopted with the spirituality and values of Islamic Revolution. All of these trade union’s activities has been introduced as propaganda activities by the esteemed security and judiciary authorities, and in the issued bill of indictment the punishment has been requested by referring to the articles 610 and 500 of the Islamic Penal Code. Unfortunately, in the issued bill of indictment is not clearly identified which of the client’s activities has been considered as the propaganda against Islamic Republic of Iran and which one has been attributed to the article 610. This ambiguity would seriously question the validity of the indictment. Any doubts and suspicions in the criminal affairs would be interpreted in the favor of the accused person, and unidentified and unrecognized criminal cases would violate the defence of accused; therefore, this bill of indictment has the serious error. The issues have not been proven by reasoning and this is another objection to the indictment. There has not been given any reasons why the client’s trade union’s activities have been evaluated as propagandas against the Islamic Republic of Iran and against the national security. Issuing the protest’s leaflets, ultimately, keeping the buses’ lights on, and calling the stop working for an hour are the ordinary workers’ trade union activities. If these usual activities undermined or damaged any national securities, there wouldn’t be any security in any of those 150 countries where, everyday, different social strata protest or go to strike for any reasons. In contrast, the countries where trade unions and associations are active and taking dozens protest’s actions daily, specifically in the transportation, are among the most economically developed countries. Interpreting any calls a strike or a peaceful protest as actions against security indicates that security factors as a multidimensional concept, which should be recognized in economic, social, cultural, political, and military context, has not been anticipated properly. Workers’ trade union activities are the best tool to identify the economical and social bottlenecks and would help authorities to solve the problems before they reach to the crisis point. Trade Union’s leaflets and statements are warning sounds which make thoughtful and benevolent authorities to recognize the problems in their management system; therefore, the impact and consequences of these leaflets and statements is to strength and stabilize the national security. On the other hand, trade union’s activities by improving workers’ abilities results in their increasing productivity and responsibility. As the behavior of those drivers who are the members of the Syndicate shows they utilize and maintain Buses properly and behave to satisfy passengers as much as they could in order to decrease satisfaction and strength national security, they help the economical security to be stronger by criticizing the Vahed Company managers in order to find out the deficiencies and problems in their management system. The importance of the trade union activities of workers has increased to such an extent that it has been emphasized and supported in the Constitution of International Labor Organization, International Covenant on Economic, Social and Cultural Rights, as well as in the Constitutions Laws and Labor Laws of most of the countries. In all the developed countries the cost of the protests and strikes in compare with the long term socio economic benefits has been considered a little and they tolerate it in the sake of the public interest, and this cost has not been considered undermining security in any places in the world. Therefore, a deeply rooted and extensive common law has been formed indicating that supporting trade union activities results in economical development and workers’ satisfaction and encouragement. Therefore, ignoring the positive impacts of the trade union activities, misinterpreting the security concept, its components and elements, and identifying the workers’ peaceful actions under the Article 610 weaken the legal base of the indictment severely, and unfortunately, presents a wrong and weak image of Iran’s security power; whereas Iran properly identifies the country as a high secure regional power against the external’s threatens and pressures.
Therefore, the esteemed prosecutor should scientifically and technically prove the relation between the country’s security and trade unions’ peaceful activities, and present how within the country security’s project and strategy’s framework keeping buses’ lights on to draw the attention of Vahed Company’s managers to the workers’ problems, or calling merely the protest action may affect on internal security. Even though, assuming that this relation exists the Syndicate’s workers, who drew the attention of the authorities to the at risk point of the national security, shouldn’t blame under the criminal acts, because their activity could be realized as an effect not a cause. In the indictment has been mentioned that the Syndicate’s activists intended to cause dissatisfaction and disable the Tehran’s transportation through the strike. It can not be justified because of the following reasons:
1. Such an extensive strike which has been mentioned in the indictment has not been occurred and the Syndicate’s activists didn’t plan for such an intensive strike.
2. The Syndicate’s members have never intended to pursue the radical actions.
3. If the Syndicate enjoys such popularity and support, the authorities of the Vahed Company, who causes this dissatisfaction among the Company’s hard workers, shall be interrogated instead of the workers who are the victims of the corrupt practices of the managers.
4. Since the drivers’ strike has the trade’s intention and the addressees are the managers of the Vahed Company it couldn’t get any security direction, while eventually it could be prevented and controlled by giving some promises like the other places in the world, as previously several times negotiations between the authorities including Tehran Mayor with the Syndicate’s activists had resulted in.
5. One of the anxieties of the security authorities, which has been reflected in the file and mentioned in the legal procedure, is that the opposition political groups against Islamic Republic Regime make use of the Syndicate’s activities. Trade’s activities could be controlled by the intelligent authorities, and recognizing the trade union’s activities could show the good intention and self confidence of the regime and would change the negative propaganda to positive. On the other hand, it has been seen that some of the political authorities’ words has been mistaken and following the waves of propaganda against the Regime have been made in abroad. Is it acceptable to ask Iran, as a powerful country with the self determination governance right, ignore its rights under the influence of the unhealthy atmosphere and political issues in abroad? As nobody can blame the country’s authorities because of the mistaken of their words by the politicians of the other countries, nobody should take the political groups’ behavior and mistaken within the country or in abroad as a reason against the workers of the Vahed Company.
6. The client, who has any criminal record, wanted to propose the trade union’s demands by utilizing the capacity of the Constitution and the other Laws, facilities and resources in Islamic Republic of Iran. So, his presence and activity in the Syndicate could not be realized as gathering and conspiracy for commitment of an offence under the subject of the Article 610 of the Islamic Penal Code. Forming Syndicate, even though its legal permission has not been issued, can not be considered as a crime because issuing leaflet and call the strikes can not be realized as the measures of the violence against security, subject of the Article 610.
7. Interview with the media in abroad, which might be blamed, has not been mentioned as a crime in any articles of the Penal Code. With regards to the principle of the legality of the punishment when there is a lack of law to forbid interview with the media in abroad the sentence can not be issued based on the merely personnel interpretation as the criminal act which has not criminal description. Interpretation in the criminal affairs has completely forbidden, on the other hand, with regards to the content of these interviews, which were only about trade’s issues and the news on harassment of the workers’ family when they were arrested, there is no legal justification to attribute propaganda against the Regime to the client act.
8. The client is in an extremely financial hardship and his family has borne so much pressures. Justice and fairness order to issue a just writ of guiltlessness of the client and provide him to return to his job before his problems arise to the crisis.
9. Possible misusing by the political groups or media in abroad doesn’t cause any responsibility for the client, otherwise the criticisms of the authorities from one another which causes sometimes negative propaganda in the foreign media should be considered criminal act, such as the recent interview of the esteem head of the judiciary power in criticism of the changing managers in the government. Thus, an act can not be described criminal merely by referring to the reaction and intention of the media or groups in abroad.
10. Mr. Torabian, who is from the deprived layer of the society, has not taken any actions or has not said anything against the Regime with the intention of changing or undermining Islamic Republic of Iran. It is possible that he has misused the words and expressions by mistake, because he hasn’t had enough education and experience in the trade union activities. This can be ignored by considering his efforts in the fronts of the war to save the holy regime of Islamic Republic of Iran.
To make everything clear for the court, briefly pose our opinion on the theoretical basis of the Articles 610 and 500 of Islamic Penal Code.
Article 500 of the Islamic Penal Code does not apply in our client’s case
Any crime requires realization of three legal, mental and material elements:
1. Legal element; The crimes of propaganda against Islamic Republic of Iran and supporting opposition groups was included in Iranian penal Code in 1996. The definitions of these two crimes faces problems and is in contradiction with the principle of legality of crimes because of conceptual generality and ambiguity in phrases like “any propagandistic activities”, “the Islamic Republic of Iran Regime”, “opposition groups and organizations”, “issues contrary to Islamic Principles and foundations of Islamic Republic”; furthermore it may interpreted according to the political trends and positions of the interpreter. Thus taking the rights of the accused into consideration, we draw your attention to the principle of narrow interpretation and not referring to (logical and essential) analogy. However, the interpretation of the article 500 has been considered by the esteemed prosecutor.
2. Mental Element; Considering the mental element, it should be said that the crime subject of Article 500 of Islamic Penal code is a public offence and the intention of propagandistic activity against the Islamic Republic of Iran is the condition of realization of the offence. Thus if the accused states issues or writes something not with the intention of damaging the government but with the intention of criticism, the offence mentioned in Article 500 shall not be considered realized. The accused not only shall have intention in his criminal deeds, but he also should be in search of destructive results from his activities.
3. Material Element: In material element there are two components which are a) any form of propagandistic activities and b) being against the Islamic republic of Iran. By propagandistic activity, publication and repeated expression of a particular message and promotion of a particular thought by promoters and propagandists is meant. Although, realization of propaganda requires repetition of an ct and seemingly this offence shall be include in habitual offences, but since the act of perpetrator of the offence is propagandistic act, it should be included in continuing offences. In the terminology of political sciences, propagandistic and promotional activities are contrary to scientific, research activities. Propaganda and promotion is based on rhetoric and polemic techniques, and the addressees are usually ordinary people. Propagandistic activity comes after scientific activity, since the scholars shall do researches first and theorize the issues and then the propagandists and promoters shall promote those issues among ordinary people. The separation between promotional activity from one hand and scientific research activity from other hand is seen in the resolution of the High Council of Cultural Revolution which is the highest authority in this regard. In the collection of laws (1987, pp 18-22) approved by High Council of Cultural Revolution regarding book publication objectives, policies and regulations dated may 10th 1988 in paragraph (b) of Article 3 of this approval, while discussing legal limits, first mentions those books which are disturber of Islamic Principles and public rights and thus are not suitable to publication, which include<
a) Propaganda and promotion of atheism and denial of religious foundation
b) Promotion of obscene acts and moral corruption
c) Provoking the society to rebel against Islamic Republic of Iran
d) Propaganda and promotion for illegal and combatant (mohareb) groups and sects, as well as defending royal, totalitarian regimes
e) Propaganda for dependence to one of the world’s powers and opposition with the policy of independency
In Notes 2 and 3 of the same resolution it is read that the following cases are exception of the mentioned legal limits:
a) Scientific and research books in the ground of atheistic schools which are not propagandistic
b) Explanation of issues required by the society in the fields of sexual and moral affairs, for educational objectives
c) Proposing defects and criticisms an deficiencies of Islamic Republic on order to fine a deeper and better recognition of the state of affairs and finding proper and constructive solutions with a reasonable style of expression and without any accusation and calumny.
d) Proposing the ideas and scientific positions of those who oppose the Islamic Republic and the Islamic Revolution for scholarly investigation of their thoughts.
e) Criticizing and denial of wrong customs and rituals to correct them without any political and colonial tail.
In the above mentioned resolution. It is clearly seen that propaganda against the Islamic Republic of Iran means arousing the society against the Islamic System and not proposing the deficiencies and reasonably criticizing the Islamic Republic and we also see that there is a difference between defending royal and totalitarian regimes with scholar investigation on the ideas of those who oppose the Islamic system. The first is forbidden and the second is allowed. In the Act of the Press a difference is considered between the scholar and academic researches which are allowed and propaganda and promotion which are forbidden. According to Article 3 of the said Act, the press are allowed to inform people from constructive critical opinions and ideas, observing the Islamic principles and the society’s interests.
Note: Constructive criticism is conditioned to being reasonable and avoiding accusation calumny.
Article 6 – The press are free except in the cases of disturbing Islamic principles and public rights.
Publication of atheistic materials and issues against Islamic principles and promotion of ideas which are against the foundations of Islamic Republic.
Promoting people and groups to commit deeds against the dignity and interests of Iran inside or outside the country.
Considering the above rights it becomes clear that the legislator’s using the phrase propagandistic activities in Article 500 of the Islamic Penal Code is not scholar and scientific researches and opinions based on logic and reasoning, but superficial, unscientific and destructive expressions against Islamic Republic of Iran.
Second Component, Against Islamic Republic
In this component we should first see what “against” means and also what “Islamic Republic System” means.
“Against” here means opposing and confronting and finally “Against the System” means taking measures to abolish the Islamic System and to change it and the Islamic Republic System is a system introduced in the Constitutional Law and includes two main essential parts of Islam and Republic. Thus “against Islamic Republic” shall mean opposing the system through denial of its Islamic element and propaganda for secular republic, Socialist republic, non – Islamic democratic republic, or on the other hand denial of its republic element and propaganda for Constitutional monarchy regime, or denial of both elements and propaganda for other types of regimes. Thus, Propagandistic activity against Islamic Republic of Iran means unscientific, non- academic and non – scholarly opposition to Islamic Republic of Iran and one who does such activities can’t believe in such a system, but should be considered as one who denies the Islamic system and tries to overthrow it. But, our client has been active in the victory of Revolution and has fought in the fronts of the imposed war against Iran and has cast vote for the Constitutional Law and according to the Constitutional Law and Article 26, he has considered syndicate activities as the proper way of defending the workers’ rights who are the main supporters of independence, territorial integrity and internal security.
Therefore, with regards to the accused defense which he honestly explained the political actions as the trade union activities and denied any political intensions and objectives in those actions, and considering that he is a decent worker, as well as regarding the above defence bill, it is expected that the esteem court, issues a just writ of guiltlessness from the attributed charges.
Dr. Yousef Mowlaie - Parviz khorshid
Attorneys of Mr. Saieed Torabian
September 19, 2007
News on September 17, 2007
Mansour Osaloo’s Visit of His Family after 67 Days Being Held in Detention
Today, September 17, 2007 Mansour Osaloo’s Family visited him in Evin Prison. Osaloo is the president of the Syndicate of Workers of the Tehran and Suburban Bus (Vahed) Company.
His mother, spouse, and two sons visited him and talked to him by phone for 25 minutes. According to his family Mansour Osanloo was in high spirits, and he only complained of the way he was arrested and the problem with his eyes.
Also, the trial for Mr. Ebrahim Gohari, based on the written summons had been scheduled to be held today, September 17, 2007 at the Court of Revolution, Branch 14, which was postponed because the Prosecutor’s representative didn’t attend the trial.
News on September 15, 2007
The Rejection of the Prosecutor’s Office for Osanloo’s Family’s Visit
Iran Student News Agency (ISNA) - Tehran- September 15, 2007
Services: Religious Jurisprudence and Rights- Economical Rights
Mansour Osanloo’s attorney gave the news of rejection of Osanloo’s spouse and son’s visit with him by the Prosecutor’s Office.
Parviz Khorshid, in the interview with the legal reporter of ISNA, said, “Today, in the meeting with one of the authorities at the Prosecutor’s Office, Osanloo’s family made the request for visiting Mansour Osanloo which was not accepted”.
He also recalled that Osanloo has not visited his family since he was arrested and he was only able to call them several times. He visited his attorneys only once”.
According to Khorshid, Mr. Osanloo, one of the accused people in Vahed Company workers’ case, was arrested and taken to Evin Prison on July 10, 2007.
The Hearing of Charges against Saieed Torabian
Iran Students News Agency (ISNA) - Tehran
Service: Religious Jurisprudence and Rights – Economical Rights
The hearing of charges against Saieed Torabian, one of the accused people in the Vahed Workers Company’s case, held at Branch 14 Revolutionary Court on Saturday September 15, 2007.
Parviz Khorshid, Torabian’s attorney, gave this news to the legal reporter of ISNA, “My client has been accused of acting against national security and propaganda against Islamic Republic of Iran in this file”. He also said, “In the trial my client defended himself by rejecting these two accusations and I requested to submit my bill of defence in a week to enable the court to issue the primary verdict”.
The Complaint of ITUC and ITF to Freedom of Association committee of ILO, September 13, 2007
Syndicate Statement to Support Imprisoned Syndicate’s Workers
Support the Imprisoned Syndicate’s Representatives
To Defend the Trade Union’s Rights and to Respect Our Own Election
Noble Workers of Vahed Company,
Dear Colleagues,
As you know, the Syndicate of Workers of the Tehran and Suburban Bus (Vahed) Company established in 1968, and due to the Syndicate’s activities, and before the Islamic Revolution, the workers benefited from a lot of achievements including an assistant to drivers in each bus, New Year’s bonus, a reward of 62 days per year, and a set of suit (clothes).
Unfortunately, the Islamic Labor Council which has replaced the Syndicate with support of the employer, without any verdict for dissolution of the Syndicate, had undesirable and anti workers performance during the recent years. This resulted in the decision of a group of colleagues, as the Founding Board of the Syndicate of Workers of Vahed Company, to revival the Syndicate with regards to article 26 of the Constitution and Conventions of 87 and 98 of the International Labor Organization (ILO) of which Iran is a member. So, after the petitions with the workers’ signatures were collected, the Syndicate of Workers of Vahed Company was reestablished on June 3, 2005 by holding the General Assembly in which the Syndicate’s Constitution was approved and the members of the Executive Board and inspectors were elected. Since that day, the Syndicate has shouldered the heavy responsibility of defending the trade union’s rights of workers at Vahed Company,
despite of the troubles including dismissals, illegal arrests and detentions and imprisonment.
Dear Colleagues,
Since the protest on December 2005 and your gathering at zone 6 of the Vahed Company at which Mr. Ghalibaf, Tehran’s Mayor attended and announced those 34 cases of the legitimate workers’ trade union’s demands and promised to take care of them, your Syndicate have been following up the demands which resulted in fulfilling some of them. Shopping bonuses, eliminating the deduction of about $10 from the workers’ monthly payment and reimbursing those which had been deducted before, daily distribution of milk and cake, reallocation of a set of suit which had been omitted from the workers’ bonus in addition to an extra set of working clothes, and increased the cash money for lunch are some of the fulfilled demands. The remained which are following up by your members- elect as the Syndicate’s Executive Board, are pay for the hardship at work, enjoy fully social security, change the temporary contracts to permanent, guarantee the job security for all the colleagues, distribution of loan among workers logically and fairly, respect to the labor law and regulations among which the most important and fundamental is the right to independent labor organization (Syndicate) by the managers and authorities at all levels,
These imposed, weak and illegitimate Councils are trying to take the credit of these achievements which have been obtained in result of all your honorable workers’ efforts and conducted by the Syndicate. This is our and your responsibilities to prevent these Labor Councils to use these achievements as the instruments to justify their government- imposed existence in which most of the members got the votes by threatening and forcing workers without having any General Assembly.
Dear Colleagues,
As the result of the institutionalized the gasoline rationing, the shortage of the transportation vehicles and increased transportation’s fee most of the people choose to use the public transportation. For this reason physical and psychological pressures as well as the risk on workers have been increased and it has been declared several times by different authorities.
Your elected Syndicate draws the attention to the following issues to decrease these pressures and provide the easy situation for drivers to service the passengers in the Grand Tehran:
Dear Colleagues,
Human nobleness and zeal and trade union’s solidarity dictate us to respect our own votes and constantly defend and support the representatives who accepted this responsibility due to your votes and have been resisting and trying to improve the life’s conditions of their colleagues even though they have been arrested and imprisoned several times.
As we are addressing you two members-elect of the Executive Board, Mssrs Mansour Osanloo and Ebrahim Madadi are still in Evin Prison due to their trade union activities and forming the Syndicate to defend your rights. We are sure that you honorable workers would do all your best to free them.
Your designated Workers’ Syndicate needs your general unity and unanimity to follow up the colleagues’ trade union’s demands. Durability of all of us on the road to the better life indicates Iranian workers’ awareness and enlightened conscience.
We and You Together Once Again Persistently Ask
Government and Judicial Authorities to End
The Illegal and Unusual Detentions of Our Colleagues
Syndicate of Workers of the Tehran and Suburban Bus (Vahed) Company
September 11, 2007
News on September 8, 2007
The Appearance of Ebrahim Madadi at the Public Prosecutor’s Office of the Islamic Revolution and the Release of Seyed Davoud Razavi
Today, Saturday September 8, 2007 Ebrahim Madadi, Deputy of the Syndicate of Workers of the Tehran and Suburban Bus (Vahed) Company was taken to the Interrogation of Security branch number one and was questioned and was once again returned to Evin after the questioning procedure was over. Ebrahim Madadi was arrested on August 9, 2007 when he was about to enter Mansour Osanloo’s house and was taken to Evin.
Furthermore, Seyed Davoud Razavi, a member of the Syndicate’s Executive Board who was arrested on August9, 2007, was released on a $50,000 bail on September 8, 2007.09.09
Syndicate of Workers of the Tehran and Suburban Bus (Vahed) Company
Concerns of Osanloo’s Attorneys in the Letter to Director of Tehran Province’s Justice Department
Dear Mr. Avaiee; Director of Tehran Province’s Justice Department
Mr. Mansour Osanloo, President of Executive Board of the Syndicate of Workers of Tehran and Suburban Bus (Vahed) Company, was arrested on his way back home and taken to the prison after he was beaten up on the evening of July 10, 2007.
Judiciary or security authorities don’t give any information on this matter. After 4 days of his arrest, Mr. Osanloo called his family and informed them that he was on ward 209 of Evin Prison. His family and attorneys went to the Security Deputy of Tehran Prosecutor’s Office at the Revolutionary Court several times; however, the reason of his arrest and the charge against him is not officially reported to them. Generally he was accused of Action against National Security and Mr. Hadad, Deputy of Tehran Prosecutor’s Office, mentioned in his interview that the reason of Osanloo’s arrest was leafleting.
In the visit that we had, Mr. Osanloo mentioned that he had the Syndicate’s leaflet requesting an increase on workers’ wage at Vahed Company with him when he was arrested. He also informed us that he was beaten up and he showed us the marks.
Some of the Vahed’s Syndicate’s members who went to Mr. Osanloo’s house to visit his family were arrested on August 9, 2007 without any criminal action. They were arrested and taken to the ward 209 of Evin Prison in a situation where they were about to leave the place per Disciplinary Agents’ request. These people generally were accused of Action against National Security. Two of these arrested people were released on personal surety.
However, we are informing you about the following violations of laws in the foregoing cases:
Detentions and arrests have been taken without respecting to the articles 32, 37, 18, 119, 120, 124, 128, 132 and 134 of the Legal Procedure of the Penal Code, articles 22, 32, 37 and 39 of the Constitution and the Law of Respecting to the Legitimate Freedoms and Civil Rights as mentioned in the articles number one and five. Leafleting of increasing wages or visiting people at their house could not be the legal reason for arrest and detention of our defendants.
Continuous detention, most of the time at solitary confinement and taking primary investigation and questioning in this situation is inconsistent with the law. Keeping our defendants in the security wards because of leafleting or going to their colleague’s house has no legal justification. It seems that the prosecutor’s authorities by over using their power, imagining themselves in the court status and imposing defendants with punishments in their agenda without issuing any verdict and finalizing. So, the behavior with the defendants during detention is inconsistent with the articles 22, 23, 38, 37, 36 and 39 of the Constitution and the Legal Procedure of the Penal Code and the Law of Respecting to the Legitimate Freedoms and Civil Rights as mentioned in the articles number 3, 4, 6, 7, 8, 9, 10, 11, and 13.
Banning on telephone contact and visiting families and attorneys is the violation of Civil Rights with regard to this point that none of the defendants are banned on visiting by court.
It is not clear why the possibility of visiting Mr. Osanloo with his family has not been provided, yet. Mr. Madadi and Mr. Razavi visited their families only one time. Also Osanloo’s attorneys were able to visit him only once. However, to prevent the continuation of the violations of laws and to respect civil rights we are requesting for the following:
a) To investigate the cases of the violations of laws and to behave with offenders according to the law,
b) To cancel the detention decree to the proper one,
c) To provide attorneys with access to files for reading,
d) To provide the possibility to contact with and to visit families for defenders along with the proper enforcement of the law and their immediate release, and
e) To disseminate the information on the detention reasons and its continuation transparently
Sincerely Yours,
Dr. Yousef Mowlaie and Parviz Khorshid
Osanloo’s attorneys
Syndicate’s Letter to UN High Commissioner for Human Rights, Ms Luis Arbour, in Her Mission to Iran
To: Ms. Louis Arbour; United Nations High Commissioner for Human Rights
From: Syndicate of Workers of Tehran and Suburban Bus (Vahed) Company
September 3, 2007
Tehran
Greetings.
When Workers of Tehran and Suburban Bus (Vahed) Company felt that they needed their own real representatives the members of the Founding Board of Revival and Reestablishment of Syndicate of Workers of Vahed Company decided to reestablish the Syndicate since they had been deprived of their legal rights without any reasons. Vahed Company’s workers welcomed it, but it faced with indignation of agents from the Islamic Labor Council and Workers House, who attacked Syndicate’s office which located at Hasanabad Square in presence of Disciplinary Forces on May 9, 2005. As a result of this raid Mansour Osanloo was wounded, several workers were beaten up and the Syndicate’s promise was destroyed. Following this raid the wounded syndicate’s members submitted the complaint to the Public Persecutor Office and Syndicate’s members decided to call for the Syndicate General Assembly. The General Assembly held on June 3, 2005 in which a large number of workers attended and the Syndicate’s Constitution was approved and the members of the Syndicate’s Executive Board were elected. Following this election the syndicate’s Executive Board in defense of Workers Rights wrote several peaceful letters to the managers of Vahed’s Company but sorrowfully they haven’t received any responses from the Company’s managers. As the first protest Syndicate asked the bus drivers to keep lights on as they were driving and it was welcomed spectacularly by the bus drivers. Following this protest several of Syndicate’s members were arrested and after three days they were released unconditionally.
On December 22, 2005 some of the members of the syndicate’s Executive Board were arrested in front of their houses and taken to Evin Prison. Those members of the Executive Board who were not arrested called for one day strike at the workplaces on December 25, 2005. The strike took place and the Tehran Mayor attended and made promises for the trade union activities as well as release detained workers. Following these promises the workers decided to leave their work places and start their work. However, none of those promises have been fulfilled and Mansour Osanloo held in ward 209 of Evin Prison as it was before. After this incident workers asked for action and the Syndicate’s Executive Board decided for another strike on January 28, 2006 which ended up with the detention of a large number of workers who were taken to Evin Prison prior to the strike to prevent them from this protest action. The arrested workers were released but the members of the Syndicate’s Executive Board and activists were not allowed to return to their work. Mansour Osanloo was released on $150,000 bail after 7 months being in prison due to his family and Syndicate’s efforts. He continued his trade union activities after he was released.
After three months he was again arrested by the Security Agents and was released on $30,000 bail after one month detention. He didn’t deny his syndicate’s right and continued his trade union activities after he was released again. He later was invited to London and Brussels to attend the annual ITF and ITUC General Council meetings as the Syndicate’s elected representative by International Trade Union Confederation and International Transport Workers’ Federation. He left the country legally with the official Visa and returned after Congress. After about one month he was arrested near his house and taken to Evin Prison by Security Agents. Following this detention ITUC and ITF called for the International Action Day on August 9, 2007 to support Osanloo and the Syndicate of Workers of Tehran and Suburban Bus (Vahed) Company and the Syndicate collectively decided to go to Osanloo’s house on that day to express their sympathy with his Family. Five members of Syndicate and two other people were arrested and taken to Evin Prison on August 9, 2007as they were about entering Osanloo’s house. The five arrested Syndicate’s members were Ebrahim Madadi, Seyed Davoud Razavi, Ebrahim Norouzi Gohari, Yaghoub Salimi and Homayoun Jaberi. Due to the attempts were taken by the Syndicate’s members and families of the arrested people two Syndicate’s members; Ebrahim Norouzi Gohari and Yghoub Salimi as well as the other two arrested people were released on bail. However, until the date of writing this letter Ebrahim Madadi, Seyed Davoud Razavi, Homayoun Jaberi and Mansour Osanloo are still in Evin Prison.
Dear Ms Louis Arbour , the UN High Commissioner for Human Rights, as you are completely aware, the members of the Syndicate’s Executive Board and Activists illegally have been deprived of their legitimate Rights and social security for last two years. We request the Human Rights Organization’s intervention in this matter.
Yours Sincerely
Syndicate of Workers of Tehran and Suburban Bus (Vahed) Company
CC to:
· Mr. Guy Ryder; ITUC General Secretary
· Mr. David Cockroft; ITF General Secretary
Letter of Parvaneh Osanloo to UN High Commissioner for Human Rights, Ms. Luis Arbour, in Her Mission to Iran
September 3, 2007
Tehran
From: Parvahneh Osanloo
To: Louis Arbour; United Nations High Commissioner for Human Rights
Dear Ms Louis Arbour,
I am writing to inform you about my husband, Mansour Osanloo, President of the Syndicate of Workers of the Tehran and Suburban (Vahed) Bus Company who was abducted on July 10, 2007 by several unknown assailants as he was severely beaten. They continued to beat him as they were taking him away by a car. Authorities were denying his abduction until July 12, 2007 when I got the information that my husband was being held in Evin Prison in Tehran. Given the history of continues harassment against Mr. Osanloo, all the international unions, human rights activists, lawyers and people in Iran believe that his trade union activities are the reason behind his arrest, which is unacceptable in terms of international law. Any attacks to Mansour are considered as attacks to all the workers in Iran and violation of human and workers rights.
As you completely aware by virtue of its membership of the International Labour Organisation, the Islamic Republic of Iran is bound to respect its core principles including the principle of freedom of association.
I ask you to apply all your power to free Mansour and urge our Government to secure his immediate and unconditional release.
Yours sincerely,
Parvaneh Osaloo
ITUC Online,
Iran- Ahmadinejad to be criticised over unionists detention at regional summit
in Bishkek
Brussels, 16 August 2007 (ITUC OnLine): Irans President Mahmoud
Ahmadinejad is likely to face unexpected criticism of his government’s
human rights record today, when he attends the annual summit meeting of
the Shanghai Cooperation Organisation (SCO) in Bishkek, capital of
Kyrgyzstan. National trade union organisations in a number of SCO states
have renewed pressure on Iran to release two detained labour leaders,
Mansour Ossanloo and Mahmoud Salehi. The initiative forms part of a
worldwide trade union campaign aimed at securing freedom for the two
prisoners, kicked off last week with trade unions taking action in over
30 countries worldwide. The ITUC said in Brussels today that the
campaign was already showing results and vowed to keep up pressure on
Iran, together with the London-based International Transport Workers
Federation (ITF) and their affiliated organisations throughout the
world.
The Federation of Trade Unions of Kyrgyzstan, which enjoys associated
status with the Brussels-based ITUC, yesterday wrote to the President of
Kyrgyzstan, Mr. Kurmanbek Bakiev, asking him to make President
Ahmadinejad aware of the serious concern of Kyrgyzstan workers about the
two imprisoned Iranian trade unionists and to insist that Iran follow
the rules of international law, since these rules are the basis of any
international co-operation. Meanwhile, Russias 28 million-strong trade
union confederation FNPR (affiliated to ITUC) protested in similar terms
last week to the Iranian authorities and the country’s two other ITUC
affiliates, VKT and KTR, reiterated these demands on the occasion of the
SCO summit. Similar trade union action has taken place in India and
Pakistan. The SCO, established in June 2001, brings together Russia,
China and the four Central Asian states of Kazakhstan, Kyrgyzstan,
Tadzhikistan and Uzbekistan. Iran, which is seeking full SCO membership,
takes part in the Bishkek Summit in an observer capacity, as do
Mongolia, India and Pakistan.
Meanwhile, the ITUC and ITF welcomed the fact that Mansour Ossanloo,
detained in Tehran’s notorious Evin Prison, had been allowed to make a
phone call to his wife last Monday and to meet his lawyers on Tuesday.
According to one of his lawyers, Yussef Moulaye, his client, who is
President of the Tehran and Suburbs Bus Company Drivers Union (Syndika
Sherkat-e Vahed), was in good psychological and physical shape, though
he still bore marks of a severe beating incurred during his arrest, on
10 July 2007. The meeting also confirmed that Ossanloo was in possession
of official union correspondence at the time of his arrest. Tehran
justice officials claim he was detained for distributing anti-regime
pamphlets and maintain that his union is illegal.
The ITUC said however it remained very concerned at the lack of
progress in the case of Mahmoud Salehi, former President of the Bakery
Workers Association in Saqez (Irans Kurdistan Province) and co-founder
of a Committee to Establish Workers Organisations. Salehi, who has been
sentenced for meeting with an international trade union delegation and
organising a May Day demonstration in 2004, is being refused medical
care in the prison of Sanandaj, capital of Kurdistan Province. The ITUC
also condemned the detention of at least seven trade union and human
rights activists last week, when they had attempted to visit Mansour
Ossanloo’s house in Tehran, as part of a solidarity event convened by the
Sherkat-e Vahed trade union to coincide with the ITF-ITUC International
Day of Action on Iran on 9 August.
We will maintain pressure on Iran’s government until all our colleagues
are released and Iranian trade unionists are allowed to carry out their
legitimate activities without fear of threats, intimidation or arrest,
ITUC Deputy General Secretary Jaap Wienen said in Brussels today. Our
Bishkek operation is part of that campaign, and President Ahmadinejad is
likely to keep hearing from us wherever he goes, until Mansour, Mahmoud
and their colleagues are free and allowed to resume their trade union
work unhindered , he added.
Founded on 1 November 2006, the ITUC represents 168 million workers in
153 countries and territories and has 305 national affiliates. Website:
www.ituc-csi.org For more information,
please contact:
In Brussels: ITUC Press Department on +32 2 224 0204 or +32 472.426.482
(Margarita Tuch). In Moscow: +79166910826 (Andre Mrost, Director, ITUC
Moscow Office)
http://www.ituc-csi.org/spip.php?rubrique51
Defence Bill of Seyed Davoud Razavi
by
Dr Yousef Mowlaei and Parviz Khorshid; Attorneys - at Law
The Esteemed President of Branch 14 of Tehran Islamic Revolution Court
Subject: File Classification
Your Honor,
Mr. Seyed Davoud Razavi is the honest and hard working driver at the Tehran Vahed Company, who has carried out all the assignments, which have been given to him by Vahed Company, with sympathy, and hasn’t committed any offences in his entire career’s life.
Mr. Seyed Davoud Razavi as a hard worker and justice seeker observed the disarray, mismanagement and inefficiency at the Vahed Company, while he was in the extreme financial hardship and his salary wasn’t sufficient for his livelihood’s needs. On the other hand, the managers and the trade unions at the Vahed Company hadn’t taken any effective actions in order to fulfill the legitimate workers’ demands. Therefore, he was attracted to the activities at the Vahed’s Syndicate, in the situation that the trade union’s activities didn’t cause any political and security sensitivities, and despite of the fact that the security authorities were aware of forming the Syndicate and holding election they didn’t take any measures against the members to be accused of being the member of the Syndicate. Grown up within the Islamic Revolutionary’s values, Mr. Razavi, had never had any trade union’s experiences before the establishment of the Syndicate, and under the influence of the emotional and moral approach, indicated that revolutionary’s justice has been less applied in the interests of workers, attended some of the meetings and protest’s gatherings which had been organized by the Syndicate, with enthusiasm and passion as a thoughtful worker in order to conduct the authorities to take the proper and logic decisions which would be adopted with the spirituality and values of Islamic Revolution. All of these trade union’s activities has been introduced as propaganda activities by the esteemed security and judiciary authorities, and in the issued bill of indictment the punishment has been requested by referring to the articles 610 and 500 of the Islamic Penal Code. Unfortunately, in the issued bill of indictment is not clearly identified which of the client’s activities has been considered as the propaganda against Islamic Republic of Iran and which one has been attributed to the article 610. This ambiguity would seriously question the validity of the indictment. Any doubts and suspicions in the criminal affairs would be interpreted in the favor of the accused person, and unidentified and unrecognized criminal cases would violate the defence of accused; therefore, this bill of indictment has the serious error. The issues have not been proven by reasoning and this is another objection to the indictment. There has not been given any reasons why the client’s trade union’s activities have been evaluated as propagandas against the Islamic Republic of Iran and against the national security. Issuing the protest’s leaflets, ultimately, keeping the buses’ lights on, and calling the stop working for an hour are the ordinary workers’ trade union activities. If these usual activities undermined or damaged any national securities, there wouldn’t be any security in any of those 150 countries where, everyday, different social strata protest or go to strike for any reasons. In contrast, the countries where trade unions and associations are active and taking dozens protest’s actions daily, specifically in the transportation, are among the most economically developed countries. Interpreting any calls a strike or a peaceful protest as actions against security indicates that security factors as a multidimensional concept, which should be recognized in economic, social, cultural, political, and military context, has not been anticipated properly. Workers’ trade union activities are the best tool to identify the economical and social bottlenecks and would help authorities to solve the problems before they reach to the crisis point. Trade Union’s leaflets and statements are warning sounds which make thoughtful and benevolent authorities to recognize the problems in their management system; therefore, the impact and consequences of these leaflets and statements is to strength and stabilize the national security. On the other hand, trade union’s activities by improving workers’ abilities results in their increasing productivity and responsibility. As the behavior of those drivers who are the members of the Syndicate shows they utilize and maintain Buses properly and behave to satisfy passengers as much as they could in order to decrease satisfaction and strength national security, they help the economical security to be stronger by criticizing the Vahed Company managers in order to find out the deficiencies and problems in their management system. The importance of the trade union activities of workers has increased to such an extent that it has been emphasized and supported in the Constitution of International Labor Organization, International Covenant on Economic, Social and Cultural Rights, as well as in the Constitutions Laws and Labor Laws of most of the countries. In all the developed countries the cost of the protests and strikes in compare with the long term socio economic benefits has been considered a little and they tolerate it in the sake of the public interest, and this cost has not been considered undermining security in any places in the world. Therefore, a deeply rooted and extensive common law has been formed indicating that supporting trade union activities results in economical development and workers’ satisfaction and encouragement. Therefore, ignoring the positive impacts of the trade union activities, misinterpreting the security concept, its components and elements, and identifying the workers’ peaceful actions under the Article 610 weaken the legal base of the indictment severely, and unfortunately, presents a wrong and weak image of Iran’s security power; whereas Iran properly identifies the country as a high secure regional power against the external’s threatens and pressures.
Therefore, the esteemed prosecutor should scientifically and technically prove the relation between the country’s security and trade unions’ peaceful activities, and present how within the country security’s project and strategy’s framework keeping buses’ lights on to draw the attention of Vahed Company’s managers to the workers’ problems, or calling merely the protest action may affect on internal security. Even though, assuming that this relation exists the Syndicate’s workers, who drew the attention of the authorities to the at risk point of the national security, shouldn’t blame under the criminal acts, because their activity could be realized as an effect not a cause. In the indictment has been mentioned that the Syndicate’s activists intended to cause dissatisfaction and disable the Tehran’s transportation through the strike. It can not be justified because of the following reasons:
1. Such an extensive strike which has been mentioned in the indictment has not been occurred and the Syndicate’s activists didn’t plan for such an intensive strike.
2. The Syndicate’s members have never intended to pursue the radical actions.
3. If the Syndicate enjoys such popularity and support, the authorities of the Vahed Company, who causes this dissatisfaction among the Company’s hard workers, shall be interrogated instead of the workers who are the victims of the corrupt practices of the managers.
4. Since the drivers’ strike has the trade’s intention and the addressees are the managers of the Vahed Company it couldn’t get any security direction, while eventually it could be prevented and controlled by giving some promises like the other places in the world, as previously several times negotiations between the authorities including Tehran Mayor with the Syndicate’s activists had resulted in.
5. One of the anxieties of the security authorities, which has been reflected in the file and mentioned in the legal procedure, is that the opposition political groups against Islamic Republic Regime make use of the Syndicate’s activities. Trade’s activities could be controlled by the intelligent authorities, and recognizing the trade union’s activities could show the good intention and self confidence of the regime and would change the negative propaganda to positive. On the other hand, it has been seen that some of the political authorities’ words has been mistaken and following the waves of propaganda against the Regime have been made in abroad. Is it acceptable to ask Iran, as a powerful country with the self determination governance right, ignore its rights under the influence of the unhealthy atmosphere and political issues in abroad? As nobody can blame the country’s authorities because of the mistaken of their words by the politicians of the other countries, nobody should take the political groups’ behavior and mistaken within the country or in abroad as a reason against the workers of the Vahed Company.
6. The client, who has any criminal record, wanted to propose the trade union’s demands by utilizing the capacity of the Constitution and the other Laws, facilities and resources in Islamic Republic of Iran. So, his presence and activity in the Syndicate could not be realized as gathering and conspiracy for commitment of an offence under the subject of the Article 610 of the Islamic Penal Code. Forming Syndicate, even though its legal permission has not been issued, can not be considered as a crime because issuing leaflet and call the strikes can not be realized as the measures of the violence against security, subject of the Article 610.
7. Interview with the media in abroad, which might be blamed, has not been mentioned as a crime in any articles of the Penal Code. With regards to the principle of the legality of the punishment when there is a lack of law to forbid interview with the media in abroad the sentence can not be issued based on the merely personnel interpretation as the criminal act which has not criminal description. Interpretation in the criminal affairs has completely forbidden, on the other hand, with regards to the content of these interviews, which were only about trade’s issues and the news on harassment of the workers’ family when they were arrested, there is no legal justification to attribute propaganda against the Regime to the client act.
8. The client is in an extremely financial hardship and his family has borne so much pressures. Justice and fairness order to issue a just writ of guiltlessness of the client and provide him to return to his job before his problems arise to the crisis.
9. Possible misusing by the political groups or media in abroad doesn’t cause any responsibility for the client, otherwise the criticisms of the authorities from one another which causes sometimes negative propaganda in the foreign media should be considered criminal act, such as the recent interview of the esteem head of the judiciary power in criticism of the changing managers in the government. Thus, an act can not be described criminal merely by referring to the reaction and intention of the media or groups in abroad.
10. Mr. Razavi, who is from the deprived layer of the society, has not taken any actions or has not said anything against the Regime with the intention of changing or undermining Islamic Republic of Iran. It is possible that he has misused the words and expressions by mistake, because he hasn’t had enough education and experience in the trade union activities. This can be ignored by considering his efforts in the fronts of the war to save the holy regime of Islamic Republic of Iran.
To make everything clear for the court, briefly pose our opinion on the theoretical basis of the Articles 610 and 500 of Islamic Penal Code.
A) Article 610 may not be invoked against our client
This article governs the offences which have a communal nature and the elements of violence and even sing weapons are involved in them. Referring to them “Mohareb”[combatant] in this article considers the means, intention and consequences of the criminal activity for the public security, thus the provisions of this article may not be applied to peaceful, non violent and beneficiary activities. In the bill of indictment no evidence is brought up to be a proof of violent activities of the client, vice versa the client himself has been a victim of violence of those who do not bear peaceful labor activities. Since no evidence has been presented by the prosecutor’s office regarding offensive activities, subject of article 610, the client and we too shall be released from any defence in this regard and merely to make everything clear for the court, pose our opinion on the provisions of this article and its limits. As the court is well informed to prove occurrence of any offence the unity of three materials, mental and legal elements is required. In what follows some issues regarding material and mental elements are presented.
1) Material Element in Article 610
Offence of gathering and conspiracy for commitment of an offence will be materially realized when at least two people jointly commit an offence. In other words, the main and key element of realization of provisions of this article is commission or omission of a criminal act by individuals and on the other hand the consequences of these crimes or their effects should be damaging and undermining the country’s security. In this article the criminal act is defined as activities and doings with special particulars which considering the intensity of the act and its consequences, they are considered as dangerous offensive acts. For example creating fear and danger, committing wicked acts, using cold and warm arms, robbery, kidnapping are some of the examples of such crime. In this case, in addition to criminal act, the means and method of commitment and partnership of at least two people are required in what is considered a crime under article 610, and thus it is logically impossible to regards our client’s activities which include giving lectures, issuing statements and holding Syndicate meetings as examples of crime under 610.
2) Mental Element
Considering the mental element of crime, it should be mentioned that the subject of article 610 is public offence, its conditions will be satisfied taking into consideration the criminal intention and its consequences in internal security. In other words the perpetrator should commit the crime intentionally and jointly wit at least one another person and in addition he should have bad intention in his deeds.
In a situation that none of the Syndicate activities are considered as offence and supposedly if the Syndicate is not officially rcognized, it will not benefit fromg any leal privileges. Thus, my client has not committed any crime in his Syndicate activities and recognition of his bad faith, general or particular subject of article 610 is nonsense. As reflected in the records and our client has announced in the court, the objective and intention of the client and other members of the Syndicate have always been defending legal trade rights through peaceful activities and the result of such activities is reinforcement of national security through preventing the claims of deprived layers of the society to be radicalized. Defending the workers’ rights with good faith is an evident of his good faith in organizing the affairs of his area of working and removal of managerial deficiencies, and finally Mr. Razavi’s deeds and behavior has been in the direction of justice benevolence. There is no trace of bad faith and consequently article 610 dose not apply to his case.
B) Article 500 of the Islamic Penal Code does not apply in our client’s case
Any crime requires realization of three legal, mental and material elements:
1. Legal element; The crimes of propaganda against Islamic Republic of Iran and supporting opposition groups was included in Iranian penal Code in 1996. The definitions of these two crimes faces problems and is in contradiction with the principle of legality of crimes because of conceptual generality and ambiguity in phrases like “any propagandistic activities”, “the Islamic Republic of Iran Regime”, “opposition groups and organizations”, “issues contrary to Islamic Principles and foundations of Islamic Republic”; furthermore it may interpreted according to the political trends and positions of the interpreter. Thus taking the rights of the accused into consideration, we draw your attention to the principle of narrow interpretation and not referring to (logical and essential) analogy. However, the interpretation of the article 500 has been considered by the esteemed prosecutor.
2. Mental Element; Considering the mental element, it should be said that the crime subject of Article 500 of Islamic Penal code is a public offence and the intention of propagandistic activity against the Islamic Republic of Iran is the condition of realization of the offence. Thus if the accused states issues or writes something not with the intention of damaging the government but with the intention of criticism, the offence mentioned in Article 500 shall not be considered realized. The accused not only shall have intention in his criminal deeds, but he also should be in search of destructive results from his activities.
3. Material Element: In material element there are two components which are a) any form of propagandistic activities and b) being against the Islamic republic of Iran. By propagandistic activity, publication and repeated expression of a particular message and promotion of a particular thought by promoters and propagandists is meant. Although, realization of propaganda requires repetition of an ct and seemingly this offence shall be include in habitual offences, but since the act of perpetrator of the offence is propagandistic act, it should be included in continuing offences. In the terminology of political sciences, propagandistic and promotional activities are contrary to scientific, research activities. Propaganda and promotion is based on rhetoric and polemic techniques, and the addressees are usually ordinary people. Propagandistic activity comes after scientific activity, since the scholars shall do researches first and theorize the issues and then the propagandists and promoters shall promote those issues among ordinary people. The separation between promotional activity from one hand and scientific research activity from other hand is seen in the resolution of the High Council of Cultural Revolution which is the highest authority in this regard. In the collection of laws (1987, pp 18-22) approved by High Council of Cultural Revolution regarding book publication objectives, policies and regulations dated may 10th 1988 in paragraph (b) of Article 3 of this approval, while discussing legal limits, first mentions those books which are disturber of Islamic Principles and public rights and thus are not suitable to publication, which include<
a) Propaganda and promotion of atheism and denial of religious foundation
b) Promotion of obscene acts and moral corruption
c) Provoking the society to rebel against Islamic Republic of Iran
d) Propaganda and promotion for illegal and combatant (mohareb) groups and sects, as well as defending royal, totalitarian regimes
e) Propaganda for dependence to one of the world’s powers and opposition with the policy of independency
In Notes 2 and 3 of the same resolution it is read that the following cases are exception of the mentioned legal limits:
a) Scientific and research books in the ground of atheistic schools which are not propagandistic
b) Explanation of issues required by the society in the fields of sexual and moral affairs, for educational objectives
c) Proposing defects and criticisms an deficiencies of Islamic Republic on order to fine a deepr and better recognition of the state of affairs and finding proper and constructive solutions with a reasonable style of expression and without any accusation and calumny.
d) Proposing the ideas and scientific positions of those who oppose the Islamic Republic and the Islamic Revolution for scholarly investigation of their thoughts.
e) Criticizing and denial of wrong customs and rituals to correct them without any political and colonial tail.
In the above mentioned resolution. It is clearly seen that propaganda against the Islamic Republic of Iran means arousing the society against the Islamic System and not proposing the deficiencies and reasonably criticizing the Islamic Republic and we also see that there is a difference between defending royal and totalitarian regimes with scholar investigation on the ideas of those who oppose the Islamic system. The first is forbidden and the second is allowed. In the Act of the Press a difference is considered between the scholar and academic researches which are allowed and propaganda and promotion which are forbidden. According to Article 3 of the said Act, the press are allowed to inform people from constructive critical opinions and ideas, observing the Islamic principles and the society’s interests.
Note: Constructive criticism is conditioned to being reasonable and avoiding accusation calumny.
Article 6 – The press are free except in the cases of disturbing Islamic principles and public rights.
Publication of atheistic materials and issues against Islamic principles and promotion of ideas which are against the foundations of Islamic Republic.
Promoting people and groups to commit deeds against the dignity and interests of Iran inside or outside the country.
Considering the above rights it becomes clear that the legislator’s using the phrase propagandistic activities in Article 500 of the Islamic Penal Code is not scholar and scientific researches and opinions based on logic and reasoning, but superficial, unscientific and destructive expressions against Islamic Republic of Iran.
Second Component, Against Islamic Republic
In this component we should first see what “against” means and also what “Islamic Republic System” means.
“Against” here means opposing and confronting and finally “Against the System” means taking measures to abolish the Islamic System and to change it and the Islamic Republic System is a system introduced in the Constitutional Law and includes two main essential parts of Islam and Republic. Thus “against Islamic Republic” shall mean opposing the system through denial of its Islamic element and propaganda for secular republic, Socialist republic, non – Islamic democratic republic, or on the other hand denial of its republic element and propaganda for Constitutional monarchy regime, or denial of both elements and propaganda for other types of regimes. Thus, Propagandistic activity against Islamic Republic of Iran means unscientific, non- academic and non – scholarly opposition to Islamic Republic of Iran and one who does such activities can’t believe in such a system, but should be considered as one who denies the Islamic system and tries to overthrow it. But, our client has been active in the victory of Revolution and has fought in the fronts of the imposed war against Iran and has cast vote for the Constitutional Law and according to the Constitutional Law and Artice 26, he has considered syndicate activities as the proper way of defending the workers’ rights who are the main supporters of independence, territorial integrity and internal security.
Therefore, with regards to the accused defense which he honestly explained the political actions as the trade union activities and denied any political intensions and objectives in those actions, and considering that he is a decent worker, as well as regarding the above defence bill, it is expected that the esteem court, issues a just writ of guiltlessness from the attributed charges.
Dr. Yousef Mowlaei - Parviz khorshid
Attorneys of Mr. Seyed Davoud Razavi
August 2007
Breaking News on Actions Taken by Global Unions on International Action Day to Support Imprisoned Unionists in Iran
10:15 GMT (9 August 2007)
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ITF unions demonstrate in Melbourne |
Australia
ITF unions in Melbourne have joined forces and organised a picket outside the
Department of Foreign Affairs to express their solidarity with the Iranian
workers. Mansour Osanloo's situation was raised in both the Lower and Upper
Houses of the Victorian State Parliament today. (Email report by Vic Moore,
RTBU)
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Japanese trade union delegation meets with the Minister Counsellor |
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Japan
The Japanese trade union delegation visited the Iranian Embassy in Tokyo on 9
August. Representatives from Rengo, ITF, ITF-JC and IUF-JCC met with the
Minister Counsellor, Mohammad Ali Sarmadi Rad. They submitted their protest
letters, ITF petition and campaign posters and demanded an immediate release of
Mansour Osanloo and Mohamoud Salehi, as well as proper medical treatment and
access to their lawyers and families. The delegation stressed that the Iranian
government must guarantee fundamental trade union rights to their workers as a
member of the ILO. (Email report by Mac Urata)
Indonesia
150 activists from ITF affiliates demonstrated at the Iranian Embassy in Jakarta
between 10h00 and 12h00 today. After discussions with an official from the
Embassy, the ITF Indonesia Coordinator and 3 representatives from each affiliate
were permitted to meet with the First Secretary / International Affair Consul of
the Embassy. The Embassy agreed to bring the case to Tehran. (Email report by
Hanafi Rustandi)
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ITF affiliates picket in front of the Iranian Embassy in Bangkok |
Thailand
Between 10h00 - 11h00, 50 union activists from seven ITF affiliates in Thailand
(BMTA-SWU,TRAN-U, LU-ETA, KSLU, SRUT, TG Union and AOT-SWU) gathered and
picketed in front of the Iranian Embassy in Bangkok, demanding the immediate
release of Mansour Osanloo and Mahmoud Salehi. Because the Embassy did not allow
the union delegation to enter their premises, the ITF petition and the protest
letter were submitted to the Embassy representatives through the entrance gate.
(Email report by Su-angcana Tungworachet)
11:30 GMT (9 August 2007)
Jordan
Bilal Malkawi, ITF Amman Office, along with representatives from the transport
unions in Jordan are gathering in front of the Iranian embassy and will be
handing protest letters to the Ambassador.
Algeria
The Railway union has faxed the letter to the Iranian embassy.
Palestine
The General Union for Transport Workers has sent the letter to the Iranian
embassy in Jordan.
Yemen
Union members of the GFTW have written a protest letter and will be delivering
it to the embassy at 12h00.
18:20 GMT (9 August 2007)
Global Unions
A delegation composed of the ITUC, PSI, UNI, IUF and the Coordinator of the
Council of Global Unions met with the Deputy Permanent Representative of the
Iranian Mission to the United Nations in Geneva, Ambassador Sajjadpour and
submitted a note verbale. The delegation called for the immediate release of
Brothers Osanloo and Salehi, as well as access to medical treatment, their
lawyers and families and protested against the arrest of the five members of the
Executive Board of the Vahed Syndicate and the fact that security agents were
trying to prevent Vahed union members from gathering at Osanloo's house. The
delegation also recalled the responsibility of the Iranian government to uphold
the principles of freedom of association in light of its membership to the ILO.
(Email report by Raquel Gonzalez)
Nepal
The Nepal Trade Union Congress and Nepal Yatayat Mazdoor Sangh (NETWON) jointly
submitted the ITF petition and a protest letter addressed to the Iranian
Government through the Nepalese Foreign Ministry in the afternoon of 9 August.
The Foreign Ministry committed to send the information to the Iranian Government
soon. (Email report by Ajay Kumar Rai)
India
Today at around 11h30, more than 500 members of AIRF-NRMU-HMS gathered at
Parliament Street to protest against the abduction of Bro. Mansour Osanloo. Due
to high security in Delhi, the police did not give permission to hold the
demonstration in front of the Iranian Embassy. After discussion with police
officials, they finally agreed to allow a few representatives to the Iranian
embassy in order to meet the Consulate. Jasvinder Singh, ITF Delhi Office,
together with Mr. Harbhajan Singh, Member of the National Working Committee -
AIRF went to the Iranian embassy and delivered a memorandum to the Consular who
assured the delegation that the memorandum would be forwarded to the Ambassador
and sent to the President of Iran. (Email report by Jasvinder Singh)
Hundreds of activists from ITF unions, the National Union of Seafarers of India and the Transport & Dock Workers' Union jointly staged a demonstration in front of the Iranian Embassy in Mumbai today demanding the immediate release of Mansour Osanloo and Mahmoud Salehi. A joint delegation from the two unions submitted a protest memorandum to the Deputy Consul General. (Fax report by Transport & Dock Workers' Union, Mumbai)
Pakistan
The Pakistan Transport Workers' Federation and the Pakistan Labour Federation
staged a demonstration outside the Lahore Press Club calling for the release of
Mansour Osanloo and the five members of the union's Executive Board who were
arrested today. Representatives from the Pakistan Transport Workers'
Federation, the All Pakistan Banks and Financial Institution, GTS Employees'
Union, All Pakistan Para Medical Staff Association and the Railway Workers'
Federation addressed the rally. (Email report by Haji Muhammad Saeed)
Morocco
The Road Transport union - UMT has delivered a protest letter to the Iranian
Embassy. The letter, which was addressed to the Iranian President, expressed
the union's solidarity with Mansour Osanloo. (Email report by Bilal Malkawi and
Sahmane Said)
France
The CGT in France has organised various activities following the joint appeal by
the ITUC and ITF for a global Action Day in solidarity with Mansour Osanloo and
Mahmoud Salehi. Information about the campaign has been distributed to all
member organisations asking them to send protest messages to the Iranian Embassy
in Paris. The CGT has also addressed a letter to the French Foreign Affairs
Minister demanding intervention with the Iranian Authorities. On 9 August, CGT
activists together with their colleagues from CFDT and FO, gathered outside the
Iranian Embassy in Paris to deliver a letter demanding the immediate release of
Mansour Osanloo and Mahmoud Salehi. The Embassy refused to receive the
delegation and their messages and so these messages were sent by fax. A
demonstration was held near to the Embassy, bringing together union activists
and a number of Iranians residing in France. (Email report by Hélène Bouneaud)
Russia
The Federations of the Independent Trade Unions of Russia, representing 28
million workers, has sent a protest letter to the Iranian Embassy in Russia
concerning violation of trade union rights in the Iran and the imprisonment of
Mr. Mahmoud Salehi and Mr. Mansour Osanloo. (Email report by Anton Leppik)
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Switzerland
SEV delivered their protest letter to the Iranian Embassy in Berne as part of
their protest action in front of the Iranian Embassy today. The letter is the
same letter that the union had sent to the Iranian President on 12 July. (Email
report by Markus Fi
