Lawyer and human rights defender Nasser Zarafshan was released from Evin Prison
on 15 March.

Nasser Zarafshan is reportedly now in good health, and has expressed his
gratitude to all those who have campaigned for his release. He plans to renew his membership of the Bar Association in Tehran and to reopen his office.

Nasser Zarafshan was a prisoner of conscience, detained solely for his legitimate activities as a lawyer and for the peaceful expression of his beliefs.

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An IDHAE portait of Nasser Zarafshan (Copyright IDHAE 2006) :

Nasser Zarafshan, 59 years old, an author, translator, and a prominent lawyer, was charged with disseminating information relating to a controversial and publicised legal case in which he represented the children of writers and activists who were murdered in 1998, allegedly by officials of the Ministry of Intelligence. Nasser Zarafshan had criticized the manner in which these murders have been investigated, including the absence of important information from court files.

At least two of the 18 agents from the Ministry of Information and Intelligence charged with the murder of four writers have admitted the charges against them. However, it is believed that dozens more may have been murdered over a period of 10 years and that the responsibility lies with more senior officials than those being tried.

Zarafshan was arrested by members of the Judicial Organization of Armed Forces (JOAF) in October 2000 after giving a speech in the city of Chiraz in which he stated that the intelligence services had murdered five Iranian intellectuals in 1998 in Tehran. He was initially charged with publishing information about the assassinations, imprisoned in December 2000, and released on bail two weeks later.

In February 2002 he was judged by a military court behind closed doors with his lawyer present The presiding judge was a prosecutor with the Judicial Organisation of Armed Forces (JOAF) too. While in detention, Zarafshan's office was reportedly searched, and weapons and alcohol were allegedly found. He was sentenced on March 19, 2002 to five years' imprisonment (2 years for disseminating state secrets for opinions that he had expressed during interviews with the press, 3 for the possession of firearms) and 70 lashes for the possession of alcohol. He was also banned from practising law, an act which only a

disciplinary court for lawyers is legally permitted to undertake.

Nasser Zarafshan has denied the firearms and alcohol charges and claimed that these were planted in his office by the authorities. During his trial, Nasser Zarafshan was arrested and then released two days later.

On 15^th  of July , 2002, the Military Court of Tehran confirmed the sentence of the Military Tribunal of Tehran,

 He had appealed this decision before the Supreme Court. However, despite his appeal, he was at risk of being detained at any time. Despite  his lawyer’s petition that Mr Zarafshan’s sentence should be suspended due to his poor health and due to the fact that the Military Court’s decision was not definitive,  Nasser Zarafshan was arrested on August 7^th, 2002 and detained in Evin prison, since an appeal before the Supreme Court was not suspensive.

Nasser Zarafshan's appeal to the Supreme Court was dismissed on November 25, 2003. With this  decision, the Court confirmed M. Zarafshan's five years' imprisonment sentence, which aimed at sanctioning his activity as a lawyer of the families of the Iranian intellectuals murdered by intelligence services agents in 1998.

Nasser Zarafchan is being held at Evin prison, where his health  situation  has seriously deteriorated, following a nephritic crisis while in detention. He  is very weak, his blood pressure is low, and he has lost 14 kilograms in weight since he began the hunger strike. Despite increasing international efforts and attention, Nasser Zarafchan continues to be denied critical medical treatment for a chronic and worsening kidney condition. He has also been transferred within Evin Prison to a section that he shares with violent criminals.

He was hospitalised on December 2, 2004, in the Evin prison. His family and his lawyer, Ms. Shirin Ebadi, who visited him on December 6, 2004, asked for Nasser Zarafchan to be hospitalised outside the prison, but they have not received any answer.

Nasser Zarafchan began a hunger strike at the end of April 2005 to protest the denial of necessary medical treatment and his detention in a cell with prisoners convicted of violent crimes. Having been given commitments from prison staff that he would receive the care he needs, Mr. Zarafchan discontinued his hunger strike.

On June 6, 2005, Nasser Zarafchan announced that he was resuming his hunger strike due to refusal to grant him leave to receive medical treatment outside prison, despite previous commitments made after his first hunger strike, and clear instruction from medics that this was required. Family members and supporters of Nasser Zarafchan have been conducting a sit in§ protest outside Evin Prison in solidarity with him. 

On June 9, 2005, six of those participating, including Nasser Zarafchan’s wife, were arrested by security forces. On June 15, 2005, the protestors were reportedly beaten by plain clothed individuals, who may be members of the security forces, and two individuals were hospitalised as a result of injuries sustained.  Several political prisoners in Evin Prison are said to have begun a hunger strike in solidarity with him.

On July 4, 2005, the Iranian Judiciary decided to temporarily release Nasser Zarafchan, so that he may receive medical treatment of his kidney stones. Since his release, he underwent a surgical intervention of one kidney and would allegedly be waiting a second intervention in the coming days. He returned to Evin on July 23^th .

Background Information :

In the years following the election of President Mohammad Khatami in 1997, on a platform of supporting rule of law and civil society, independent newspapers and journals flourished in Iran.  In 2000, a large class of more vocal and reform minded representatives entered a revitalized parliament, promising to introduce new laws that would challenge the status quo.  Intellectuals, journalists, and writers debated publicly some of the most critical issues facing Iranian society. 

The judicial system in practice violates basic due process rights at every level. These include the rights to be promptly charged with a criminal offense; to have access to legal counsel; to have adequate time and facilities for preparation of a defense; to be tried before a competent, independent and impartial court in a public hearing; to be able to examine the evidence and produce evidence on one’s behalf; and, to have a conviction reviewed by a higher court. The violations are flagrant and systematic, and they undermine any capacity to seek remedy or justice.