Lawyer and human rights defender Nasser Zarafshan was sentenced to five years' imprisonment in March 2002, after a secret trial before a military court for his role in representing the families of two political activists murdered in November 1998 during a series of killings which came to be known in Iran as the "serial murders".

Nasser Zarafshan requires immediate medical attention for a chronic and worsening kidney condition. Nasser Zarafshan suffers from a chronic kidney condition, which, according to the medical team at Evin prison, requires specialist treatment outside of the prison. Repeated requests for him to be granted leave in order to receive this treatment have allegedly been blocked by Tehran's Chief Prosecutor.

Nasser Zarafshan began a hunger strike at the end of April to protest at the denial of necessary medical treatment, and his detention in a cell with prisoners convicted of violent crimes. He halted his hunger strike following promises from prison authorities that he would be moved back into a cell with political prisoners and permitted medical leave.

On 6 June, Nasser Zarafshan 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. In a statement issued from prison he said: "the reports of medical examinations, tests and various x-rays by the Prison Health Section and its trusted physicians have made everything clear…I have no other means at my disposal to attain my rights but my life. I shall begin an unlimited hunger strike on 7 June 2005, and go on with this death marathon to the end".

On 7 June he began a hunger strike in protest at being denied medical treatment. Family members and supporters of Nasser Zarafshan, included prominent human rights and political activists, have been conducting a 'sit-in' protest outside Evin prison in solidarity with him. On 9 June, six of those participating, including Nasser Zarafshan's wife, were arrested by security forces.

On around 19 June he was taken to Labbafinejad Hospital. However, due to his low blood pressure he could not be operated on and he was returned to Evin prison. On 21 June, while being transferred to solitary confinement, apparently as punishment for going on hunger strike, he lost consciousness. He was immediately returned to Labbafinejad Hospital where he underwent an operation on one of his kidneys.

He was granted medical leave from prison on or around 4 July to allow him to  recuperate from the surgery, and for treatment of his kidney stones. He  returned to the prison on 23 July. He is held in wing 325, with other political  prisoners. He continues to be held in a cell with prisoners convicted of violent crimes.

On 10 September 2005 he underwent a medical examination in the prison, followed by another one in Labbafinejad Hospital in Tehran, both of which concluded that he still had stones in his right kidney. The doctor who treated him reportedly certified that Nasser Zarafshan needed to undergo further treatment for these
kidney stones. According to one of his lawyers his family have submitted all the necessary documents for him to be granted access to further specialist treatment, but the authorities have taken no action.

His wife is reportedly allowed to visit him once a week and his lawyers more often. The family’s visits are made difficult by the prison authorities: they have to apply for permission each time they want to visit him, and the
bureaucratic process is long and cumbersome. They are not allowed to bring him clothes, food, or basic sanitary articles such as toothpaste and soap.


RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in Persian, English, Arabic or your own language:
- expressing concern for the safety of Nasser Zarafshan, who is reportedly being denied medical treatment required for a chronic and worsening kidney condition;
- urging the authorities to grant Nasser Zarafshan immediate access to the specialist medical treatment outside of Evin prison that doctors have reportedly instructed he receive, as provided for by article 291 of Iran's Code of Criminal Procedure, which allows courts to order that inmates receive medical treatment outside prison;
- expressing concern that Nasser Zarafshan is reportedly being detained in a cell housing violent prisoners, and reminding the authorities that Principle 8 of the UN Standard Minimum Rules for the Treatment of Prisoners states that "the different categories of prisoners shall be kept in separate institutions or parts of institutions taking account of … the legal reason for their detention …" and that Nasser Zarafshan should therefore not be housed with prisoners convicted of violent crimes;
- calling for Nasser Zarafshan to be released immediately and unconditionally, as he is a prisoner of conscience, arrested solely for the peaceful expression of his beliefs, and was convicted after an unfair trial by a military court.

APPEALS TO:

Leader of the Islamic Republic
His Excellency Ayatollah Sayed 'Ali Khamenei
The Presidency,
Palestine Avenue, Azerbaijan Intersection,
Tehran, Islamic Republic of Iran
Fax: + 98 21 649 5880 (please mark 'For the attention of the Office of His Excellency, Ayatollah al Udhma Khamenei)
Email: info@wilayah.org
Salutation: Your Excellency

Head of the Judiciary
His Excellency Ayatollah Mahmoud Hashemi Shahroudi
Ministry of Justice,
Park-e Shahr,
Tehran, Islamic Republic of Iran
Salutation: Your Excellency

COPIES TO:

Speaker of Parliament
Gholamali Haddad Adel
Majles-e Shoura-ye Eslami (Parliament)
Imam Khomeini Avenue,
Tehran, Islamic Republic of Iran
Fax: + 98 21 646 1746
Salutation: Dear Sir

Please also copy your letter, or send a message of support, to Nasser Zarafshan:

Nasser Zarafshan
Evin Prison
Chamran Highway, Shahid Katchuyi Street
Darakeh, Tehran, Iran

and to diplomatic representatives of Iran accredited to your country.

PUBLIC

AI Index: MDE 13/027/2005
15 June 2005