RAPID ACTION NETWORK
12 November 2002
RAN 55/02

IRAN: Academic Hashem Aghajari sentenced to death

International PEN condemns the death sentence handed down to Professor Hashem Aghajari for apostasy on 9 November 2002. PEN believes that Professor Aghajari has been targeted for his criticism of the anti-reformist faction in Iran, and joins Human Rights Watch and Amnesty International in calling for his immediate and unconditional release. The following is a 9 November 2002 Human Rights Watch press release:

The death sentence handed down this week for apostasy against Prof. Hashem Aghajari is a blatant attempt to quash legitimate, non-violent criticism of Iran's clerical rulers, Huma! n Rights Watch said today. Human Rights Watch demanded that all charges against Aghajari be dropped immediately.

Aghajari was charged with apostasy in August after a philosophical speech in which he rejected demands to "blindly follow" clerical rule. This speech prompted an outcry from some hard-line clerics in the religious establishment, who claimed that the speech was an attack on the Prophet of Islam and on fundamental Shiite Islamic doctrines. Many Shiite religious authorities contested these charges and Prof. Aghajari himself has repeatedly denied criticizing the Prophet in any way, and apologized for any inadvertent offense his remarks may have caused.

"Prof. Aghajari's criticisms were of hard-line clerical leaders who demand blind obedience from the people. Instead of protecting Aghajari in conducting a crucial philosophical debate about Iranian and Islamic politics, the judiciary will resort to the death sentence to ! gag him," said Joe Stork, Washington director for the Middle East and North Africa Division at Human Rights Watch. "In bringing these charges against Prof. Aghajari, his accusers have affirmed his arguments. By charging that his criticism of them constituted apostasy, they are hiding their political interests behind religious doctrine."

Despite the disagreement among religious experts, his speech led to Aghajari's arrest on charges of apostasy and subsequent sentencing by Judge Ramazani of the Fourteenth District Court in the western city of Hamadan, the site of Aghajari's speech. The trial was unfair and fell far short of international standards of due process. It was conducted behind closed doors, and the defendant was given only limited access to his lawyer.

In addition to the death sentence, Aghajari received a sentence of 74 lashes of the whip, eight years imprisonment and internal exile, and a 10-year prohibition from t! eaching. Aghajari has 20 days to lodge an appeal once he officially receives the text of his sentence. His lawyer has said that there will be an appeal, although he has not yet been given the text of the judgement of the reasoning behind it.

Aghajari's family has expressed concern about his health in prison. He lost his right leg in the Iran-Iraq war, and it is known that he had to undergo surgery on his leg while in prison. The 45-year old Aghajari heads the history department at the Tarbiat Modarress University in Tehran. He is a member of the reformist Organization of Mojahedin of the Islamic Revolution and is a close ally of reformist Iranian President Mohammad Khatami.

Prof. Aghajari is evidently another victim of the increasingly intense power struggle within the clerical establishment between reformists and the hard-liners who control most organs of real power, including the military and the judiciary. The sente! ncing of this prominent reformist intellectual coincided with the parliament passing a bill proposed by President Mohammad Khatami designed to limit the power of the Council of Guardians, one of the power centers used by the hard-liners to maintain their grip on power.

"Professor Aghajari was simply exercising his right to engage in non-violent political and philosophical debate," Stork said. "This is another example of the judiciary and religious law being exploited by one side in a political contest."

Iran has an obligation to protect free expression under Article 19 of the International Covenant on Civil and Political Rights, to which it is a party. Professor Aghajari has committed no offense and should be released immediately and unconditionally, Human Rights Watch said.

The information contained in this press release/alert is the sole responsibility of Human Rights Watch.

Please send appeals:

• Condemning the death sentence recently handed down to Professor
  Aghajari;

• Highlighting the Iranian authorities’ obligation to protect the right to freedom of expression in accordance with the International Covenant on Civil and Political Rights;

• Expressing grave concern that his health is rapidly deteriorating and that he may not be receiving the correct medical attention in detention;

• Calling on the Iranian authorities to heed Professor Aghajari’s appeal application and thus permit his unconditional release.

Please send appeals to:

His Excellency Ayatollah Sayed ‘Ali Khameni
The Presidency
Palestine Avenue
Azerbaijan Intersection
Tehran
Islamic Republic of Iran

His Excellency Hojjatoleslam Sayed Mohammad Khatami
The Presidency
Palestine Avenue
Azerbaijan Intersection
Tehran
Islamic Republic of Iran

Please note that there are no fax numbers available for the Iranian authorities, so you may wish to ask the diplomatic representative for Iran in your country to forward your appeals. It would also be advantageous to ask your country’s diplomatic representatives in Iran to intervene in the case.

For further information, please contact Sara Whyatt  at International PEN WiPC, 9/10 Charterhouse Buildings, Goswell Road, London EC1M 7AT, U.K. Tel: +44 (0)20 7253 3226, fax: +(0)20 7253 5711, email: sara@wipcpen.org