33 Bedford Row's Nigel Edwards KC has recently co-signed the Statement to Protect the Rights of Iran's Opponents in Europe. Read more below and get in touch with Mohammad Hanif Jazayeri to sign and support.
"The Iranian authorities have announced the opening of 'judicial' files against 104 prominent members of the Iranian democratic opposition living abroad. As you may be aware, in 1988 Iran's Supreme Leader, Ayatollah Khomeini, issued a fatwa (religious decree) stating that all members of the opposition MEK who remained steadfast in their views were condemned to execution on the charge of Moharebeh ('waging war against God'). In this sense, their sentence had already been passed. It therefore appears that the new 'judicial' measure is an attempt by the regime to provide the necessary legal cover to misuse the INTERPOL system for filing extradition requests against its opponents.
The International Committee of Jurists for the Rights of Ashraf-3 Residents (ICJRAR) is circulating a statement supported by eminent international jurists and legal experts. Its central plea is for European authorities to uphold the rights of these refugees as enshrined in the 1951 Geneva Convention and the ECHR. "
- Mohammad Hanif
The statement may be read below, along with a partial list of signatories.
Text of statement:
Denouncing Iran’s Oppressive Judiciary
Safeguarding Fundamental Rights of Dissidents in Europe
On 29 July 2023, Tehran’s Criminal Court issued a public announcement publishing 104 names of individuals affiliated with the opposition People’s Mojahedin Organization of Iran (PMOI or MEK), most of whom left Iran more than four decades ago, calling on them to appoint a lawyer as they have been "charged."
Given the Iranian regime's history of arbitrary judgments, executions, and lack of due process of law, we are deeply troubled by this announcement. Our concern is further heightened by past public statements made by Iran's officials, declaring all affiliates of this organization as mohareb (enemies of God) and subject to execution.
According to International human rights organizations over the past four decades, tens of thousands of MEK members and supporters have been executed in Iran on baseless charges such as Moharebeh.
In 1988, Iran's Supreme Leader issued a fatwa calling for the execution of all political prisoners who remained steadfast in their support for the organization. This has been well-documented by human rights organizations and judicial investigations in Europe. Ebrahim Raisi, the current president of Iran, was a key member of Tehran’s “death commission” that sent several thousand prisoners to death in a matter of a few weeks. Many more were executed across the country, during the 1988 massacre for refusing to disavow their political affiliation.
The Iranian judiciary, known for politically motivated executions and imprisoning lawyers representing dissidents, intends to use this bogus legal maneuver to amplify repression within Iran and extend its crackdown on its opponents beyond its borders. State-controlled media has indicated that the objective is to exploit INTERPOL to extradite members of this opposition group who are currently outside Iran.
In previous similar attempts, several complaints had been filed in France by affiliates of the Iranian regime against members of the opposition, but after several years of investigations, they were dismissed due to a lack of evidence.
Iran's disregard for international law was evident during the trial of one of its serving diplomats in Belgium on terrorism charges. He was sentenced to 20 years in prison for bringing a bomb in a diplomatic pouch to be detonated at the NCRI opposition rally in the suburbs of Paris in June 2018.
In light of these events, especially bearing in mind that most of the 104 are currently refugees in Albania, we express our deep concern that on June 20, 2023, based on allegations provided by the Iranian regime, the police in Albania raided Ashraf-3, home to thousands of members of the MEK.
As jurists, lawyers, law professors, and professionals in the field of law, we condemn the Iranian regime's blatant disregard for international laws and human rights.
We urge relevant authorities within democratic countries in Europe and elsewhere to:
1. Publicly condemn the Iranian regime's repressive actions - disguised as judicial measures - against MEK members and ensure that Iranian dissidents enjoy their full human rights in Europe and elsewhere around the world.
2. Take action to hold Iranian officials accountable for their role in crimes against humanity, specifically the 1988 massacre of 30,000 political prisoners, the majority of whom were MEK members and sympathizers.
3. Safeguard the fundamental human and political rights of MEK refugees in Ashraf-3, Albania, as outlined in the 1951 Geneva Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and other applicable international laws. This includes guaranteeing their freedom of speech and assembly, as underscored by the Prime Minister of Albania in a 2016 letter to a Vice President of the European Parliament, which will also foster Albania's EU integration.
This is to uphold our own values and the rule of law.
Partial list of signatories:
International Bar Association's Human Rights Institute (IBAHRI) (United Kingdom)
Prof. José Luís da Cruz Vilaça (Portugal)
President of the Court of First Instance of the European Communities (1989-1995); Judge of the Court of Justice of the European Union (2012-2018); Professor of EU Law
Prof. Stefan Trechsel (Switzerland)
President of the European Commission of Human Rights (1995–1999); Judge, UN International Criminal Tribunal for the former Yugoslavia (ICTY) (2006-2013)
Prof. Christian Tomuschat (Germany)
President of the OSCE Court of Conciliation and Arbitration (2013-2019); Member and Chairman of the UN International Law Commission (1985-1996); Member of the UN Human Rights Committee (1977-1986); Rapporteur of the UN Human Rights Commission on the human rights situation in Guatemala (1990-1993); Professor em. Humboldt University Berlin
Prof. Robert K. Goldman (United States)
President, International Commission of Jurists (ICJ); Former President and member, Inter-American Commission on Human Rights (IACHR); Former UN Independent Expert on the protection of human rights and fundamental freedoms while countering terrorism; Professor of Law & Louis C James Scholar, Washington College of Law, American University
Stanislav Pavlovschi (Moldova)
Judge, European Court of Human Rights (2001-2008); Minister of Justice of Moldova (2019)
Prof. Martti Koskenniemi (Finland)
Professor of International Law at the University of Helsinki and Director of the Erik Castrén Institute of International Law and Human Rights; Member of the UN International Law Commission (2002-2006); Member of the Finnish diplomatic service (1978-1994); Judge with the Administrative Tribunal of the Asian Development Bank (1997- 2002)
Sareta Ashraph (Trinidad and Tobago)
Barrister at Garden Court Chambers, International Criminal Lawyer
Robert Seabrook KC
Former Chair of the Bar of England and Wales; Barrister, 1 Crown Office Row
Matthias Kelly KC SC
Former Chair of the Bar of England and Wales
Christina Blacklaws
Former President of the Law Society of England and Wales
Steven Kay KC (United Kingdom)
Head of 9BR Chambers
Anand Grover (India)
UN Special Rapporteur on the Right to Health (2008-2014); Senior Advocate, Supreme Court of India; Adjunct Professor, Georgetown Law Center, Georgetown University
Prof. Sara Chandler KC (United Kingdom)
Secretary to the Human Rights Commission of the European Bars Federation (Fédération des Barreaux d'Europe - FBE) and Former President of the FBE; Former Chair of the Human Rights Committee, Law Society of England & Wales
Prof. Ledi Bianku (Albania)
Judge, European Court of Human Rights (ECHR) (2008-2019); International Judge, Constitutional Court of Bosnia and Herzegovina (2021-present)
Amb. Stephen J. Rapp (United States)
US Ambassador-at-Large for Global Criminal Justice (2009-2015); Prosecutor of the UN Special Court for Sierra Leone (SCSL) (2007-2009); Senior Fellow at Center for the Prevention of Genocide of US Holocaust Memorial Museum and at Center for Ethics, Law & Armed Conflict (ELAC) of Oxford University
Prof. Giovanni Grasso (Italy)
Former International Judge of the Constitutional Court of Bosnia and Herzegovina; former Judge of the Human Rights Chamber for Bosnia and Herzegovina
Prof. Brice Dickson (United Kingdom)
Chief Commissioner of the Northern Ireland Human Rights Commission (1999-2005); Professor of International and Comparative Law, Queen’s University Belfast (QUB)
Prof. David M. Crane (United States)
Founding Chief Prosecutor, UN Special Court for Sierra Leone; Founder, Global Accountability Network
Prof. Siobhan Wills
Director, Transitional Justice Institute (TJI), Ulster University; Professor of Law, School of Law, Ulster University
Antonia Benfield (United Kingdom)
Barrister at Doughty Street Chambers
Zimran Samuel MBE (United Kingdom)
Barrister at Doughty Street Chambers; Member, Executive Committee of the Bar Human Rights Committee (BHRC); Visiting Professor, London School of Economics
Prof. Eric Heinze (United Kingdom)
Executive Director, Centre for Law, Democracy, and Society (CLDS), Queen Mary University of London; Professor of Law & Humanities, School of Law, Queen Mary University of London
Professor Errol P. Mendes (Canada)
President, International Commission of Jurists (ICJ), Canadian Section; Faculty of Law, University of Ottawa
Prof. Nicholas Grief (United Kingdom)
Emeritus Professor of Law, University of Kent
MikoĊaj Pietrzak (Poland)
Dean of the Warsaw Bar Association
Peter Rowlands (United Kingdom)
Barrister, Garden Court Chambers
Achille Campagna (San Marino)
Member of the List of Counsel for the International Criminal Court (ICC)
Amos Waldman (United Kingdom)
Barrister at Doughty Street Chambers; Member of the List of Counsel for the International Criminal Court (ICC)
Greg Boos (United States)
Member of the List of Counsel for the International Criminal Court (ICC)
Dr. Melanie O'Brien (Australia)
Associate Professor of International Law, University of Western Australia
Olexiy Yasyunetsky (Ukraine)
Human rights lawyer
Prof. Pearl Eliadis (Canada)
Law Office of Pearl Eliadis (practice in human rights); Associate Professor (Professional), McGill University
Roberto Durrieu (Argentina)
Member of the List of Counsel for the International Criminal Court (ICC)
Lord John Hendy KC (United Kingdom)
Barrister at Old Square Chambers
David Carter (United Kingdom)
Barrister at Doughty Street Chambers
Stephanie Barwise KC (United Kingdom)
Barrister at Atkin Chambers
Lexa Hilliard KC (United Kingdom)
Barrister at Wilberforce Chambers
Prof. Rebecca Cook (Canada)
Professor Emerita, Faculty of Law at the University of Toronto
Thom Dyke (United Kingdom)
Barrister at Deka Chambers; Member of the List of Counsel for the International Criminal Court (ICC)
Prof. Juan Carlos Manriquez (Chile)
Member of the List of Counsel for the International Criminal Court (ICC); Professor of Criminal Law, Criminal Proceedings and International Criminal Law
Mary Westcott (United Kingdom)
Barrister at Doughty Street Chambers
Theo Huckle KC (United Kingdom)
Counsel General for Wales 2011-2016; Visiting Professor of Law, King’s College London