European Parliament resolution on Iran, the case of Nasrin Sotoudeh

European Parliament resolution on Iran, the case of Nasrin Sotoudeh

The European Parliament ,

–   having regard to its previous resolutions on Iran, notably those concerning human rights, and in particular those of 10 February 2010 and 8 September 2010,

-   having regard to the declaration of UN High Commissioner for Human Rights Navy Pillay on 23 November 2010 who expressed concern about the case of Nasrin Sotoudeh stating that this was part of a much broader crackdown, and that the situation of human rights defenders in Iran was growing more and more difficult; (EPP, S&D, EFD)

-   having regard to the United Nations Declaration on Human Rights Defenders, which the United Nations General Assembly adopted by consensus in 1998, stipulating that states "shall take all necessary measures to ensure the protection by the competent authorities of human rights defenders against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary actions" as a consequence of their legitimate effort to promote human rights, (EPP, ECR,EFD)

–   vu le Pacte international relatif aux droits civils et politiques, le Pacte international relatif aux droits économiques, sociaux et culturels, la Convention relative aux droits de l'enfant, auxquels l'Iran est partie,(GUE/NGL)

–   vu la résolution de l'Assemblée générale des Nations unies du 21 décembre 2010 sur la situation des droits de l'homme dans la République Islamique d'Iran, (GUE/NGL)

–   having regard to Rule 122 of its Rules of Procedure,

A. whereas Nasrin Sotoudeh, a prominent Iranian human rights lawyer, was sentenced to 11 years in jail on charges of "acting against national security", "membership of the Centre for the Defenders of Human Rights",not wearing hejab (Islamic dress) during a videotaped message, and "propaganda against the regime"; whereas she was also banned from practicing law and travelling for 20 year after completion of her sentence; (EPP, S&D, ALDE, V/ALE, GUE/NGL, ECR, EFD)

B. whereas Sotoudeh, a mother of two children, was arrested on 4 September 2010, held for long periods in solitary confinement, reportedly tortured, denied contact with her family and lawyer and came close to death after hunger strike to protest her prison conditions and violations of due process; (S&D)

C. whereas Sotoudeh´s husband, Reza Khandan, was summoned by the police on 15 January and detained overnight, released on a third-person guarantee and is under prosecution because of his advocacy on behalf of his wife; (S&D)

D. whereas Nasrin Sotoudeh has been the lawyer of the Dutch national Zahra Bahrami who was arrested after the Ashura protests on 27 December 2009 and has been recently sentenced to death, (EPP, ALDE) 

E. whereas Sotoudeh´s sentence is part of a systematic assault on the human rights lawyers and activists in Iran, which includes the sentencing on 7 January 2011 of Shiva Nazarahari, co-founder of Committee of Human Rights Reporters and a prominent activist, to four years in prison and 74 lashes and the sentencing on 30 October 2010 of a prominent lawyer Mohammad Seifzadeh to nine years in prison and a ten year ban from practicing law; whereas human rights lawyer Mohammad Oliyafar is serving a one-year sentence for his advocacy on behalf of his clients;  whereas other human rights defenders facing imminent prosecution in Iran are Mohammad Ali Dadkhah, Abdolfattah Soltani and Houtan Kian;  (S&D, ECR)

F. Whereas over one year after the Ashura demonstrations in December 2009 still hundreds of Iranian citizens who had been arrested linger in prison and the authorities have continued to make arrests throughout the year, notably at the occasion of Students' Day of 7 December 2010 and whereas according to reports by Amnesty International I over 70 students are still detained (V(/ALE, ALDE,GUE/NGL))

G. Whereas journalists and bloggers equally continue to be targeted, with reportedly over 30 journalists behind bars at the moment and even acclaimed representatives of Iranian culture such as Film director Jafar Panahi are denied the freedom of expression, who in December 2010 was banned from film-making for 20 years as well as sentenced to 6 years of prison (V/ALE, GUE/NGL)

I.  Whereas forced confessions, the torture and ill-treatment of prisoners, sleep deprivation, solitary confinement, clandestine detention, cruel, inhumane and degrading treatment, physical abuse, including sexual violence, and impunity for State agents continue to be widespread in Iran, giving rise to serious doubts as to the fairness and transparency of the judicial process in that country,(S&D)

J. Whereas instead of investigating extrajudicial killings the mourning relatives of the killed might face arrest as in the case of Mahdi Ramazani  who was taken into custody at the grave site of his son in December 2010 and confronted with exorbitant bail conditions he is in no capacity to pay (V/ALE)

K. Considérant que l'Iran s'est engagé à respecter le Pacte sur les droits civils et politiques, auprès de la communauté internationale, (GUE/NGL)

1. Calls on the government of the Islamic Republic of Iran to immediately and unconditionally release Nasrin Sotoudeh as well as all other prisoners of conscience and considers that the sentence of Nasrin Sotoudeh is of political nature, aimed at taking one of Iran’s leading human rights defenders out of practice (S&D, EPP, ALDE, V/ALE, GUE)

2. Strongly condemns the extraordinarily harsh sentence against Nasrin Sotoudeh and the intimidation of her husband and commends her for her courage and her engagement; (V/ALE, S&D)) 

3. Calls on the Islamic Republic of Iran to adhere to the standards set forth by the UN Basic Principles on the Role of Lawyers, which states that lawyers must be allowed to carry out their work “without intimidation, hindrance, harassment or improper interference” and recognizes that lawyers are entitled to freedom of expression, including “the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights"; (S&D, ECR)

4. Deeply deplores the lack of fairness and transparency in the judicial process in Iran and calls on the Iranian authorities to uphold due process in law and practice; appeals to the head of the Iranian Judiciary Ayatollah Sadegh Amoli Larijani to establish an independent commission to examine the prosecution of human rights lawyers and to hold accountable all officials who have participated in illegal procedures; (S&D, EFD)  

5. Calls on the authorities to combat the impunity of human rights violators within the security forces; Re-iterates its demand for an independent investigation into allegations of extrajudicial executions since the disputed June presidential elections and for alleged violators to be brought to justice (V/ALE)

6.  Calls on the Government of Iran to cooperate fully with all international human rights mechanisms, to continue exploring cooperation on human rights and justice reform with the United Nations and to fully implement the recommendations of the Universal Periodic Review; (EPP, EFD)

7.  Calls for the re-establishment of a UN mandate for a Special Rapporteur to investigate human rights abuses and encourage accountability for those perpetrating human rights violations in Iran; (S&D)

8. Calls on the Iranian authorities to grant the Red Crescent access to all prisoners and to allow international human rights organisations to monitor the situation in the country; (S&D)

9. Urges the Iranian authorities to reconsider the sentence imposed on Zahra Bahrami, to grant her a fair trial and access to Dutch authorities given her Dutch citizenship according to international standards; (EPP,ALDE, EFD)

10.  Calls on the Commission and Council to devise additional measures in the context of the European Instrument for Democracy and Human Rights in order actively to protect Iranian human rights defenders, and encourages the Member States and local authorities to support initiatives such as the European Shelter City Programme and the International Cities of Refugee; (S&D, V/ALE, ECR)

11.  Calls for the existing list of individuals and organisations subject to the EU travel ban and the freezing of assets to be extended to include Iranian officials who are responsible for violations of human rights, repression and curtailment of freedom in Iran; (S&D, ALDE)

12. Calls on EU Representatives and the Vice-President of the Commission/High Representative of the Union of Foreign Affairs to re-engage in talks about human rights with the Islamic Republic of Iran (ALDE)

13.  Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the Secretary-General of the United Nations, the United Nations Human Rights Council, the President of the Iranian Supreme Court and the Government and Parliament of the Islamic Republic of Iran.