In a letter to the Excessive Commissioner for Human Rights, Kazem Gharibabadi, Deputy Chief Justice for Worldwide Affairs and Secretary of the nation’s Excessive Council for Human Rights, referred to as for an investigation into the arrest and trial of Asadullah Assad’s wrongdoing and his human rights violations. from Germany and Belgium.
Beneath is the complete textual content of the letter:
In my capability as Secretary Common of the Excessive Council for Human Rights of the Islamic Republic of Iran, a activity assigned to it’s to pursue circumstances of human rights violations and to make sure the denied rights of Iranian residents with overseas base. , the undersigned, I’m sending this pressing letter to Your Excellency to specific my deep concern on the flagrant human rights violations of Mr. Assadollah Assadi by the authorities within the Federal Republic of Germany and Belgium.
The above is likely one of the diplomatic brokers of the Islamic Republic of Iran based mostly in Vienna, Austria. Regardless of having fun with diplomatic immunity, he was illegally arrested in July 2018 within the state of Bavaria in Germany, whereas returning to his residence in Vienna. After 101 days in detention, Assad was extradited to Belgium in October 2018 on the idea of an unlawful choice issued by the Karlsruhe courtroom, after which the Antwerp prison courtroom illegally sentenced him to twenty years in jail, regardless of diplomatic immunity, by legislation61. Vienna Conference on Diplomatic Relations. He’s at the moment imprisoned in Belgium.
Given the main function and mandate assigned to the Excessive Commissioner for Human Rights within the safety of all human rights and the monitoring of the implementation of worldwide obligations and human rights by the Federal Republic of Germany and Belgium, I’m lists right here the circumstances of human rights violations by the states in query with the goal of pursuing and guaranteeing the rights of the previous particular person:
Federal Republic of Germany
The Federal Republic of Germany is a signatory to the 1966 Vienna Conference on Diplomatic Relations. Membership in lots of worldwide conventions on human rights and extra protocols, in addition to membership within the European Conference on Human Rights, requires Germany to implement the provisions laid down. in it. Nonetheless, the measures taken by the German authorities represent a flagrant violation of Berlin’s worldwide obligations and human rights obligations to Assad and his household.
Article 40 of the 1961 Vienna Conference on Diplomatic Relations stipulates that a diplomatic agent and his accompanying members of the family should be granted the inviolability and all immunities and privileges set forth therein for return to a diplomatic publish in a State. third or transit to a 3rd nation on return to their dwelling nation. The unlawful conduct of German police and judicial officers in illegally detaining Assad and his household, in violation of the binding laws of Article 40, not solely violated the 1961 Vienna Conference, but additionally resulted within the unlawful denial of freedom and bodily restrictions. in tough situations. This not solely violates the ideas set out within the UN Constitution, but additionally constitutes a flagrant violation of the suitable to liberty and safety set out in Article three of the Common Declaration of Human Rights, Article 9 (1) of the The Worldwide Covenant on Civil and Political Rights and Article 5 of the European Conference on Human Rights.
As well as, the Federal Republic of Germany is a signatory to the 1984 Conference towards Torture and Different Merciless, Inhuman or Degrading Remedy or Punishment, the Worldwide Covenant on Civil and Political Rights and the European Conference on Human Rights, the place Article 2 , 7 and three within the paperwork in query require Germany to chorus from subjecting any particular person to torture, merciless, inhuman or degrading therapy or punishment. Imprisonment of Assad in a chilly and poorly lit cell, inadequate provision of meals and ingesting water for him, maintaining him within the part reserved for harmful criminals, imprisonment in a bunker geared up with CCTV for a interval of 28 days, failure to supply sufficient clothes in accordance with weather conditions, undressing and misconduct of police authorities and serving a sentence throughout detention and extradition to Belgium, have been subjected to the entire above torture and bodily and psychological humiliation, opposite with the rights set forth within the above paperwork.
The prohibition of discrimination towards prisoners is likely one of the obligations required by the authorities of the Federal Republic below Article 2 (1), 10 and 26 of the Worldwide Covenant on Civil and Political Rights and Article 14 of the European Conference on Human Rights. of Germany to respect this for all detainees and prisoners. Though Assad is a diplomatic agent and in violation of worldwide laws, he was held in solitary confinement in a bunker for 28 days; he was held within the part reserved for harmful criminals and denied entry to amenities akin to televisions, coaching tools, and meals containers to which different inmates have entry.
In any case, the family members of the detainee must be knowledgeable instantly of the detention and the place of detention and given the suitable to speak and go to. The refusal of the penitentiary authorities to authorize Assad to have correspondence and talk along with his household for 53 days constitutes a flagrant violation of Articles 7 and 10 (1) of the Worldwide Covenant on Civil and Political Rights and Article eight (1) of the Conference European. on human rights.
I observe with remorse that throughout the 101-day interval that Assad was illegally detained, the sentencing authorities violated the suitable to freedom of faith and follow below Article 18 of the Worldwide Covenant on Civil and Political Rights and Article 9 of the European Conference on Human Rights. Rights, prohibiting the observance of spiritual rituals and the confiscation of spiritual books.
Like Germany, Belgium is a signatory to quite a few worldwide human rights devices and extra protocols, in addition to the European Conference on Human Rights, which in precept ought to replicate the safety and respect of human rights in it. Nonetheless, the very fact is totally different in the case of the unlawful detention, trial and imprisonment of Mr. Assadi. The obligations set out within the Vienna Conference on Diplomatic Relations of 1961 are binding on Belgium as a signatory and the aforementioned, because the diplomatic agent of the Islamic Republic of Iran in Austria, is entitled to the rights supplied for within the Conference in query. The order for the unlawful detention of a diplomatic agent and his extradition to Belgium is in full contradiction with the precept of inviolability and diplomatic immunity agreed upon for diplomatic brokers below Articles 31 and 40 of the Conference in query and in addition violates the ideas enshrined within the UN . Map.
The arrest warrant and detention by the courtroom in Belgium lacks any authorized stance, thus violating Assad’s proper to liberty and safety. The Belgian judicial authorities have thus violated the human rights obligations set out in Article 9 (1) of the legally binding Worldwide Covenant on Civil and Political Rights and Article 5 (1) of the European Conference on Human Rights. Following the unlawful order of arrest and extradition to Belgium, the authorities and officers in it have carried out treats of Assad which might be emblematic of inhuman, unjust, degrading or merciless habits. Undressing of the aforementioned for physique examine on a weekly foundation, failure to satisfy sanitary wants together with bathroom, use of eyes and handcuffs, holding for 45 days in part 2 of Hasselt Jail which is reserved for prisoners with bodily or psychological problems – that is whereas the above particular person doesn’t undergo from such a situation – maintaining him in low isolation with low mild, with out heating tools and inadequate meals, are among the many remedies that represent torture and imposition of inhuman, degrading and degrading habits. unfair and are equal to Belgium. violation of the Authorities’s human rights obligations below the 1984 Conference towards Torture and Different Merciless, Inhuman or Degrading Remedy or Punishment, Article 7 of the Worldwide Covenant on Civil and Political Rights and Article three of the European Conference on Human Rights Human Rights. Just like the German authorities, the Belgian authorities have proven discriminatory habits in direction of Assad regardless of being a diplomatic agent. Holding him in solitary confinement, inadequate provision of meals and ingesting water, use of expired plastic containers, lack of entry to books or TV channels, denial of contemporary air time, train and communication with household are among the many rights that the above particular person has been denied despite the fact that the opposite prisoners had been entitled. Such discriminatory conduct violates Article 7 of the Common Declaration of Human Rights, Articles 10 and 26 of the Worldwide Covenant on Civil and Political Rights, and Article 14 of the European Conference on Human Rights. Belgium is a signatory to the final two paperwork.
Prisoners are licensed to speak with household and buddies at common intervals and below obligatory supervision. Nonetheless, Assad’s sentencing authorities in Belgium have denied him the suitable to speak with youngsters, siblings and different family members and have handled them very harshly and insultingly. Such unlawful therapy constitutes a flagrant violation of Belgium’s obligations below Articles 7 and 10 (1) of the Worldwide Covenant on Civil and Political Rights and Article eight of the European Conference on Human Rights.
Freedom of thought, conscience and faith should be revered for prisoners. Respect for the suitable to freedom of faith and follow is one in all Belgium’s human rights obligations below Article 18 of the Worldwide Covenant on Civil and Political Rights and Article 9 of the European Conference on Human Rights. The confiscation of spiritual books by the Belgian authorities violates these obligations. The listening to held for the above by a courtroom in Antwerp is under no circumstances consultant of justice as a good trial is required in accordance with the legislation. The prosecution of a diplomatic agent with immunity is opposite to worldwide legislation. A courtroom that waives diplomatic immunity is incompetent and can’t be unbiased and neutral. Subsequently, the choice issued by the Belgian courtroom violates Article 14 of the Worldwide Covenant on Civil and Political Rights and Article 6 of the European Conference on Human Rights. Furthermore, the precept of presumption of innocence has not been taken under consideration in relation to Assad, whose conviction relies on unfounded grounds.
The info referring to human rights violations within the above case might be verified just by consulting the media. The above particular person has personally said these circumstances of violation of rights, receiving no consideration from the German and Belgian authorities.
In witness whereof, Your Excellency’s responsibility to guard, promote and understand human rights, I urge Your Excellency to take all obligatory measures to carry the above-mentioned States accountable and to forestall the continuation of violations and to tell the Excessive Council for Human Rights of the Islamic Republic of Iran of the measures taken to this finish.
Kazem Gharibabadi, Secretary Common
Excessive Council for Human Rights