A/HRC/13/40/Add.1
were reportedly brought against them. It was alleged that these arrests were part of other
raids on the homes of the five aforementioned persons in Tehran and of Mr. Riazullah
Sobhani, Mr. Golshan Sobhani, Mr. Shahryar Cyrus, Mr. Changiz Fanaiyan, Mr. Nima
Haghar, Ms. Minoo Sasani and Ms. Homa Etemadi. Intelligence Ministry officials
reportedly seized laptops, books and photographs related to the Bahá’í faith.
137. Reportedly, Mr. Aziz Samandari, Ms. Jinous Sobhani, Mr. Shahrokh Taef, Mr.
Payam Aghsani and Mr. Didar Raoufi were held incommunicado in Evin Prison. Allegedly
there is indication that they were arrested for “threat to inner security and collaboration with
hostile countries”. Their cases were under the same examining magistrate in charge of the
cases against the seven members of the Baha’i leadership group, who have reportedly been
arbitrarily detained without charge since May 2008 in the same prison. The seven members
of the Bahá’í leadership group, Ms. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif
Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mr. Vahid Tizfahm and Ms. Mahvash
Sabet, have already been the subject of joint communications sent on 19 May 2008 and on
17 October 2008 (see above para. 130).
138. The Special Procedures mandate holders drew the Government’s attention to
General Assembly resolution 61/153, in which the Assembly “reminds all States that
prolonged incommunicado detention or detention in secret places may facilitate the
perpetration of torture and other cruel, inhuman or degrading treatment or punishment and
can in itself constitute a form of such treatment, and urges all States to respect the
safeguards concerning the liberty, security and dignity of the person.” The Special
Procedures mandate holders also asked the Government to indicate the legal basis for the
arrest and detention of Mr. Aziz Samandari, Ms. Jinous Sobhani, Mr. Shahrokh Taef, Mr.
Payam Aghsani and Mr. Didar Raoufi and how these measures were compatible with
applicable international human rights norms and standards as contained, inter alia, in the
International Covenant on Civil and Political Rights.
(b)
Response from the Government dated 20 February 2009
139. The response from the Government of the Islamic Republic of Iran dated 20
February 2009 is summarized above in paras. 131-134.
(c)
Observations of the Special Rapporteur
140. The Special Rapporteur is grateful that the Government of the Islamic Republic of
Iran replied to the joint communication of 26 January 2009. However, she notes that in its
reply letter the Government did not provide any information on the legal basis for the arrest
and detention of Mr. Aziz Samandari, Ms. Jinous Sobhani, Mr. Shahrokh Taef, Mr. Payam
Aghsani and Mr. Didar Raoufi and how these measures were compatible with applicable
international human rights norms and standards. In addition, the Special Rapporteur would
like to refer to her observations above in para. 135.
4.
(a)
Urgent appeal sent on 23 March 2009 jointly with the Chairperson-Rapporteur of the
Working Group on arbitrary detention, and the Special Rapporteur on the
independence of judges and lawyers
Allegations transmitted to the Government
141. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding the Hosseinieh of Nematollahi-Gonabadi Sufi
order and the subsequent detention of Mr. Mohammad-Ali Taban, Mr. Parviz Shams, Mr.
Firuz Bidabad, Mr. Ali-Akbar Bonnakdar, Mr. Hassan Kashani, Mr. Mohammad-Sadeq
Moradi-Sarvestani, Mr. Amin Karampour, Mr. Mehrdad Karami, Mr. Abolfazl Salehi, Mr.
Mikael Qorbani, Mr. Reza Forutan, Mr. Peyman Amrai, Mr. Reza Mehravar, Mr. Moslem
37