2.3. Arbitrary Arrest, Detention, and Prosecution
According to some of the Ahwazi Arab activists and citizens interviewed for this report, they were subject to arbitrary arrests, sometimes enacted by security forces of the IRI during public gatherings or in night raids on their homes.
Without exception, those interviewed state that they were not formally informed of the charges against them within 24 hours, and that their detention and interrogation continued for weeks before charges were brought. This is in contravention of Article 32 of the Constitution of the IRI, which states unequivocally that detainees must be informed of the charges against them “immediately.”
[203] Most witnesses were detained for days, weeks, or months under color of law before being charged with a crime.
The Revolutionary Courts, where many Ahwazi Arab activists are prosecuted, systematically deprive these defendants of due process rights during the course of trial and sentencing. The denial of the right to counsel, limitations on the meetings between counsel and accused, limitations on defense counsel’s access to evidence, the use of torture to extract confessions
[204]and singular reliance on reports from the security services as evidence at trial have all occurred with disturbing regularity in Khuzestan, particularly over the past decade.
Legal proceedings are conducted exclusively in Persian, a second language to most Ahwazi Arabs. When they cannot understand the language, many recalled that no translators were provided. Consequently those individuals have no understanding of the proceedings and no ability to defend themselves.
2.3.1. Arbitrary Arrest in Connection with Protests or Other Public Gatherings
Since April 2005, demonstrations have been a regular feature of political life in Khuzestan. While most reports indicate that these demonstrations are largely peaceful, interviewees have acknowledged that some demonstrators may have engaged in violence in the April 2005 protests. Regardless, reports that IRI authorities have used live ammunition against Ahwazi Arab protesters as recently as April 2011 suggest a pattern whereby freedom of assembly is violated and the peaceful expression of dissent by Ahwazi Arabs is silenced with a disproportionate use of force.
[205] Furthermore, these demonstrations and other peaceful public gatherings are often followed by the large-scale arrests of peaceful demonstrators in stark violation of the free assembly rights guaranteed by the Constitution of the IRI.
[206]
An early example of this took place in May 1985, when several Ahwazi Arabs engaged in protests when an official IRI newspaper published a claim that the Ahwazi Arabs were not in fact Arabs who had been settled there for several generations, but rather that they were itinerant Gypsies.
[207] The May 1985 protests were the first major public manifestation of Ahwazi Arab dissatisfaction with the IRI since Black Wednesday. Several arrests took place during the demonstrations themselves, and participation in the protests became a focus of interrogations of Ahwazi Arab activists who were arrested in the following years.
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2.3.1.2. Kamil Alboshoka
Kamil Alboshoka was arrested by the IRGC in a march in the city bazaar of Khalafabad (Khalafieh) on the first day of the April 2005 protests.
[209] In respect to the scale of arrests, he recounted:
Since it was still morning [when I was arrested] the protests hadn’t gotten very large. There were maybe 200 protesters…in the center of town…when [the anti-riot forces] suddenly initiated the crackdown. There were at least twenty cars [carrying them], so if we figure that there were five [anti-riot police or agents] in each car, at least one hundred armed men were unleashed [on the protest].
In regards to the agents who arrested him and the others, Alboshoka recalled:
The agents spoke with Persian accents. They weren’t Persian-speakers from the region, either, who speak with Bakhtiari and Luri accents…and as soon as they got to us, they hit us with the butts of their guns, and when we were on the ground they began kicking us…then they blindfolded us, handcuffed us and put us in minibuses.
[210]
Alboshoka was interrogated in the detention centers of the IRGC and the MOIS in Ahvaz for four weeks and released on bail without being charged. He was never tried. One year later, in 2006, agents from the MOIS raided Alboshoka’s family home to arrest him once again, but he was not present. During the raid, one of Alboshoka’s uncles, Soltan Alboshoka, attempted to defend against the agents present but the agents shot him in the neck, killing him instantly. Following the raid, Kamil Alboshoka’s father, mother, grandfather, uncles, brothers and cousins were all temporarily detained and released without charge. Since then, all have reportedly been subjected to similar treatment on at least three occasions.
[211]
Alboshoka’s family has been subjected to a sustained campaign of physical and psychological intimidation since his arrest on April 15, 2005.
[212] In addition to the violent death of his uncle in 2006, and the arrests of his father and grandfather, Alboshoka’s cousin Nasser Alboshoka was arrested on January 26, 2012. His body was made available to the family on January 30, 2012. It bore marks of torture.
[213]
Two paternal cousins of Kamil Alboshoka—Mokhtar and Jaber Alboshoka—were detained for roughly seven months in the local MOIS detention center. They were repeatedly tortured until they confessed to crimes that all informed parties confirm they did not commit. Isa Savari, who was detained with Mokhtar and Jaber Alboshoka, confirms that they were subjected to torture on a daily basis.
[214] Kamil Alboshoka believes that his activism and his brief 2005 arrest are the only reasons that the rest of his family members have been targeted. Mokhtar and Jaber Alboshoka are currently on death row.
[215]
2.3.1.3. Kathem Mojaddam
Kathem Mojaddam, an activist with the Islamic Wefagh Party, was arrested three times for his peaceful political activity, sanctioned by the constitution. During his last arrest on April 16, 2005, the second day of the April 2005 protests, Mojaddam was in his print and copy store on the morning of April 16 when two cars—one an unmarked Peugeot reminiscent of those driven by plainclothes officers of the MOIS and one a white Toyota SUV traditionally identified with the IRGC—arrived. Mojaddam attempted to flee but was apprehended and taken to an IRGC detention center in the Chaharshir neighborhood “adjacent to the [MOIS] detention center”. He was detained for two weeks before being informed of the charges against him and subsequently transferred to Sepidar Prison in Ahvaz.
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He was charged with having taken actions endangering national security and imprisoned for an estimated 45 days in Sepidar Prison. Charges from a 2003 arrest were also renewed. Mojaddam argued that he had already been acquitted on those charges, and he was freed—though he believes that this was a political decision. During Mojaddam’s detention, he lost his shop and expected further pressure from the authorities, so he fled Iran shortly thereafter.
2.3.2. Arbitrary Arrest, Detention, Interrogation and Subsequent Prosecution in Connection with Expressions of Political Opinion or Cultural Identity
The relations between Persians and Arabs in Iran and in the broader Middle East have been fraught for centuries.
[217] The formulation of a Persian-focused Iranian nationalism in the early 20th century, especially by the Pahlavi state, pushed Ahwazi Arabs further out of the Iranian political and cultural milieu, as Arabs were blamed for modern Iran’s ills.
[218] Not only were Arabs marginalized; they were the very element against which the modern Iranian state defined itself. For the Arabs living in Iran—the Ahwazi Arab community—this culminated in an attempt to negate their very culture.
This process did not abate with the Islamic Revolution. In the years following the end of the Reform era during the presidency of Mohammad Khatami (1997-2005), there was an increase in arrests and harassment of Ahwazi Arab journalists, civic, political, and cultural activists, and other vulnerable groups. The post-Khatami era crackdown in Khuzestan also occurred in the context of a restive province still simmering after the April 2005 protests.
Expressions of Ahwazi Arab culture have been targeted by the IRI with increasing severity in recent years. The very existence of an Ahwazi Arab cultural identity has given rise to the use of charges that are not defined in the IRI’s Islamic Penal Code in the arrests, trials and sentencing of Ahwazi Arab activists.
Those arrested tend to be charged with crimes involving national security. Most individuals charged with these crimes insist that their activities before arrest had been peaceful.
[219] An Ahwazi Arab attorney who defended clients in several national security cases points out that, “In national security cases human rights are violated all the time. From the moment a defendant is arrested—without any warrant—until interrogation in the MOIS detention centers, they are blindfolded and [deprived of] the presence of an attorney.”
[220]
Arab Front for Liberation of al-Ahwaz
According to the organization’s official website, the Arab Front for the Liberation of Al-Ahwaz was established on April 20, 1980 in Iraq. The stated purpose of the organization is to support the rights of Ahwazi Arabs. Following the occupation of Iraq by US forces in 2003, the group moved operations out of the region to Europe General abu-Meitham was appointed as Secretary-General of the organization on June 16, 2012.
2.3.2.1. Arbitrary Arrest, Detention, Interrogation and Prosecution of Journalists
Ahwazi Arab journalists, who are discouraged or barred from writing in Arabic, work under the threat of arrest and imprisonment. One Ahwazi Arab journalist and political activist stated that he never wrote about political affairs under his own name in Iran even during the Reform era for fears of eventual reprisals if the security situation changed. He did, however, write for the three bilingual Persian-Arabic periodicals that were printed in the reformist era: Haftehnameh Ahvaz (Persian for “Ahvaz Weekly”), Sawt al-Sha’ab(“Sound of the People”, in Arabic), and al-Shawra (“The Council”, in both languages).
[221]
Although the IRI’s Ministry of Islamic Guidance officially recognized these publications, the act of writing in Arabic was sufficient for the Ahwazi Arab journalists interviewed for this report to be summoned and interrogated for several hours by the MOIS. According to one journalist, the IRI authorities launched a crackdown in 2004-05 against Ahwazi Arab journalists that resulted in the closure of the few periodicals that carried Arabic-language sections, and the detention of several Ahwazi Arab journalists and editors.
[222]
2.3.2.1.1. Yousef Azizi
Although journalist Yousef Azizi resided in Tehran during the April 2005 protests, he was arrested on Monday, April 25, 2005 as unrest continued in Ahvaz. Mere hours before, Azizi had given a speech at an event organized by the Center for Human Rights Defenders, a civil society organization chaired by Nobel Peace Prize laureate Shirin Ebadi.
[223] Azizi had previously written articles in domestic newspapers as well as several foreign Arabic-language newspapers and had been a commentator on Arabic- and Persian-language international television networks. MOIS agents had previously summoned him for interrogation in 2003, when the United States invaded Iraq, and admonished him to moderate the tone of his political commentary.
During the early days of the April 2005 protests, Azizi had criticized the IRI’s crackdown against peaceful dissent. This was not, however, the stated reason for his arrest. Instead, Azizi was accused of being responsible for the leak of the Abtahi memo that led to the April 2005 protests in Ahvaz.
[224] Azizi was subjected to physical and mental abuse repeatedly during his detention. The case against him was opened in 2005 but was not closed until 2008. Over the intervening three years all members of his family were treated harshly by various government agencies, most likely due to their connections with Azizi.
[225]
2.3.2.1.2. Salim Karimi
Salim Karimi, another Ahwazi Arab journalist residing in Tehran but working for foreign-based Arabic language media with official recognition from the IRI, was summoned to the MOIS in November 2006. He was accused of leaking video footage to Dubai-based media showing government agents beating protesters during the April 2005 protests.
Of his arrest and the early days of his detention in Evin prison, Karimi relates:
It was dawn on a Wednesday in November. Plainclothes officers [of the MOIS] raided my house and showed me a warrant for my arrest and the search of my house that had been issued by a Revolutionary Court…three of them entered the house. One of them was taking video footage, one of them was searching the house…and several were standing outside… They searched the whole house. When they put me in the car, they blindfolded and handcuffed me. They took me straight to Ward 209 of Evin… My interrogations began at 2 AM that first night and extended to the next morning… They would strike and kick me.
[226]
The authorities arrested many Ahwazi Arab activists in late-night or pre-dawn raids on their homes like the one in which Salim Karimi was arrested. One common element of arrests made in this manner is the absence of arrest warrants, required by Article 119 of the IRI’s Code of Criminal Procedure.
[227] Typically armed plainclothes agents from the local MOIS offices in Ahvaz, Susangerd, and other cities conduct these raids, often with help from uniformed regular police. The vast majority of witnesses arrested in house raids report that violence, threats, and disrespectful comments towards family members, including women, characterize the conduct of the security services.
[228]
Karimi was informed of the charges against him after three days’ detention and interrogation. Ultimately, Karimi was sentenced to three years’ imprisonment for taking actions against national security and was released in 2009 after serving his full term. He claims he was denied due process:
They did not even give me a chance to defend myself, considering that I had rejected all the allegations in court. The fact that I rejected the allegations is even reflected in my court order. However, accepting or rejecting the allegations, having a lawyer, etc. apparently have no (particular) impact at all. On many occasions during the interrogations, the Intelligence authorities told me that they will tell the judge what his judgment should be, i.e., three years, four years, etc. In fact, the judge has no say! Unfortunately, I figured this out much later. For a long time I thought there was such thing as the law. The interrogators used to say, “Do you think the trial judge acquit you of the charges, without our consent?! We will let the judge know how many years to give you, and he will sentence you accordingly.”
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