Professional background:
Author, translator, and
attorney Dr. Nasser Zarafshan is a member of the Iranian Writers'
Association Kanoon and a distinguished member of the Iranian Bar
Association. His numerous translations and articles have appeared in
important periodicals in Iran. He has also acted as the legal
representative of two of the families of Iranian writers who were
assassinated in November 1998 in what came to be known in Iran as the
'serial murders' case. The murdered journalists included Majid Charif,
an editorialist with the monthly Iran é Farda , writer-journalists
Mohamad Mokhtari and Mohamad Jafar Pouyandeh, and a couple, Darioush
and Parvaneh Forouhar, who were freedom of expression activists. It is
reported that Zarafshan has been extremely critical of the shortcomings
in the official investigation into these murders.
Case history:
Zarafshan was arrested by members
of the Judicial Organization of Armed Forces (JOAF) in October 2000
after giving a speech in the city of Chiraz in which he stated that the
intelligence services had murdered five Iranian intellectuals in 1998
in Tehran. He was initially charged with publishing information about
the assassinations, imprisoned in December 2000, and was released after
a month pending trial. In February 2002 he was tried in a military
court behind closed doors with his lawyer present; the presiding judge
was a prosecutor with the JOAF. While in detention, Zarafshan's office
was reportedly searched, and weapons and alcohol were allegedly found.
He was sentenced on March 19, 2002 to five years' imprisonment (2 years
for disseminating state secrets, 3 for the possession of firearms) and
70 lashes for the possession of alcohol. Zarafshan denies the firearms
and alcohol charges and claims these were planted in his office by the
authorities.
On April 6, 2002, Zarafshan reportedly told the Iranian Students
News Agency that he would appeal against his sentence and request a
retrial. However, on July 16, 2002 an appeals court upheld his sentence
and Zarafshan was again arrested on August 7 shortly after leaving his
home.
Current status:
Iranian judicial organizations
have so far failed to explain why Zarafshan, a civilian, was brought
before the JOAF, the purpose of which is to try members of the armed
forces and Revolutionary Guards for violations of the military code. It
is reported that the Chair of the Iranian Parliamentary Committee for
Human Rights has protested against the use of a military court in these
circumstances, branding it "unconstitutional."
Zarafshan has reportedly appealed to the Supreme Court and is
currently awaiting a decision, which, according to information as of
October 2002. Since his imprisonment was not only denied medical care
for an urgent kidney disease, but also was held in a cell with
prisoners of violent crimes. On June 7, 2005 Zarafshan started a hunger
strike to protest the absence of medical treatment. After a significant
deterioration in his health, he ended his hunger strike and was
hospitalized for an operation on his kidney in July 2005. He continues
to remain on medical leave.
PEN considers the actions against Nasser Zarafshan to be in
retribution for his criticism of the official investigation carried out
into the 'serial murders' of 1998 and as a means of silencing others
who seek the truth behind the killings. PEN calls for his immediate and
unconditional release.
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