Ayatollahs/Hojjatoleslam val moslemin kept under arrest/torture

Ref: ShiaChat
Grand Ayatollah Sayed Mohammad Shirazi, born in Najaf, Iraq, comes from a family of well-known marjas and religious scholars of Iranian origin. He left Iraq for Kuwait in 1971 to escape persecution by the Iraqi Government. He then moved to Qom in Iran in 1979 after the establishment of the Islamic Republic. With many followers outside Iran, Grand Ayatollah Shirazi has maintained a stance of non-involvement in Iranian political affairs. However, he reportedly refused to accept that Ayatollah Khamenei was a mojtahed when the latter became the current Leader and has since reportedly refused to recognize Ayatollah Khamenei as the most eminent marja-ye taqlid in Shi’a Islam or even as a Grand Ayatollah.Over the years, reports indicate that hundreds, if not thousands, of his supporters and relatives have suffered harassment, and scores, if not hundreds, have been arrested, some on more than one occasion. Many have reportedly been tortured. Some were released without charge, whereas others were sentenced to prison terms after unfair trials, believed for the most part to have taken place before the Special Court for the Clergy. Some of these cases from recent years are outlined below.Hojjatoleslam Sheikh Ja’far GhaniHojjatoleslam Sheikh Makki Akhound, married with three children, was arrested in the first half of 1994 in Isfahan, reportedly without an arrest warrant. He was said to have been tortured during his initial incommunicado detention which is believed to have lasted about six months. He was later tried before the Special Court for the Clergy, on charges which apparently related to having connections with, and supporting the views of, Grand Ayatollah Shirazi. He was reportedly sentenced to three years’ imprisonment and 75 lashes. He is said to have had no access to a lawyer since his arrest. In early 1996 he was moved from Saheli prison in Qom to a prison clinic in Khorramabad (said to hold psychologically disturbed patients), making it more difficult for his family to visit him and reportedly increasing his sense of isolation. Sheikh Makki Akhound reportedly suffers from various ailments, including ulcers, heart disease, high blood pressure and nervous problems and was apparently not granted access to a doctor of his choice during his detention. In December 1996 he was released early from prison. Amnesty International members around the world had sent mass appeals on his behalf to the Iranian authorities.(23)Hojjatoleslam Sheikh Makki AkhoundUp to 13 others were also arrested at around the same time in 1994, reportedly including Sheikh Makki Akhound’s father, Abdolamir; his uncle Abdolrasoul (who is also his father-in-law); two of his brothers; seven cousins; his wife; and a sister-in-law. They were all held in solitary confinement for some time(24), before being released, apparently without charge.Hojjatoleslam Sheikh Ja’far Ghani, an Iraqi national, was arrested on 30 September 1995, and was reportedly held in incommunicado detention until early 1996. After a trial before the Special Court for the Clergy, he was sentenced to 15 months’ imprisonment, but was released early in mid-1996. According to a March 1996 response from the Iranian Embassy in London (see Appendix C), he was convicted of offences including "...travelling illegally and repeatedly to foreign countries such as Iraq;...forging ID cards with Afghan identity and also forging Afghan passports; ...membership of the illegal organization of Sayed Morteza Shirazi(25);...[and]disseminating lies and rumours". Sources close to the Grand Ayatollah have denied that he was involved in forgery, or that he went to Iraq illegally, arguing that as an Iraqi national, he was allowed to travel there.Hojjatoleslam Muhammad Saleh Hedayati, Hojjatoleslam val moslemin Mohammad Taqi Dhakeri, Hojjatoleslam ‘Abdolrahman Ha’eri,Hojjatoleslam val moslemin Sayed ‘Abdolrasoul MusawiHis arrest was followed by that of Hojjatoleslam Muhammad Saleh Hedayati on 17 October 1995. He was later reportedly sentenced to two years’ imprisonment and banned from wearing the clothing of a cleric(26), apparently in connection with his association with Grand Ayatollah Shirazi. The scale of arrests increased on 11 November 1995, when ten men, all prominent religious figures or businessmen known to be close to Grand Ayatollah Shirazi, were arrested, reportedly without arrest warrants by members of the security forces, from their homes in Qom and Tehran. They were Hojjatoleslam val moslemin Mohammad Taqi Dhakeri; Hojjatoleslam ‘Abdolrahman Ha’eri; Hojjatoleslam val moslemin Sayed ‘Abdolrasoul Musawi; Hojjatoleslam val moslemin Taleb Salehi; Hojjatoleslam val moslemin Mohammad Fazel Mohammad al-Saffar; Hojjatoleslam val moslemin Mohammad ‘Ali Ma’ash; Hojjatoleslam Fu’ad Fujian; Mohammad Ghaffari; Hadi Dhakeri and Iyad Fujian. Most of them, and some of their relatives were also reportedly beaten during the arrests, which took place at night. The wife of Sheikh Mohammad al-Saffar reportedly had her hand broken, and the young son of Sheikh Mohammad ‘Ali Ma’ash was said to have sustained an eye injury from a gun butt. Both reportedly received hospital treatment for their injuries.On the following day, 12 November 1995, security forces reportedly raided the Martyr Ayatollah Sayed Hassan Shirazi religious school in Qom, arresting approximately 120 students. Most were released several hours later, but seven remained detained. Despite repeated requests to the Iranian Government for clarification, their fate is unknown to Amnesty International.Hojjatoleslam val moslemin Taleb Salehi, Hojjatoleslam val moslemin Mohammad al-Saffar,Hojjatoleslam val moslemin Mohammad ‘Ali Ma’ash, Hojjatoleslam Fu’ad Fujian, Mohammad Ghaffari, Hadi Dhakeri, Iyad Fujian,Hojjatoleslam Sayed Abbas MusawiOn 21 November, Hojjatoleslam val moslemin Sayed Morteza Shirazi, the second son of Grand Ayatollah Shirazi, was arrested in Qom. Arrests continued in December and January. Hojjatoleslam Sayed Abbas Musawi, who works in the office of Grand Ayatollah Shirazi was detained in Qom on 6 December 1995. He was later sentenced to six months’ imprisonment by the Special Court for the Clergy, also apparently on account of his association with Grand Ayatollah Shirazi. The brothers Ahmad and Jalal Akhound (relatives of Sheikh Makki Akhound, see above) were arrested in Tehran in early January 1996.Hojjatoleslam val moslemin Sayed Morteza Shirazi, Hojjatoleslam Sayed Mehdi ShiraziArrests ceased for almost six months, but started again on 19 June 1996 with the arrest of Hojjatoleslam Sayed Mehdi Shirazi, the fourth son of Grand Ayatollah Shirazi, while in a car between Qom and Tehran. On the same day Hojjatoleslam ‘Ali Rumaythi, a member of Grand Ayatollah Shirazi’s staff, was arrested in Qom. On 20 June, Hojjatoleslam Sheikh Hossein Dhakeri (the brother of Sheikh Mohammad Taqi Dhakeri and Hadi Akhound Dhakeri), another member of Grand Ayatollah Shirazi’s staff, was arrested, also in Qom. On 20 or 21 June, Hojjatoleslam val moslemin Sheikh Azizollah Hassani (aged about 60) was arrested in Tehran. Also in June, the wife of Sayed Sadeq Fali, a follower of Grand Ayatollah Shirazi said to have been exiled to Iranshahr in 1995 by the Special Court for the Clergy, was reportedly arrested in Qom following an argument with security forces surrounding an Islamic centre linked to Grand Ayatollah Shirazi, who are said to have beaten her in public. She was released on bail after a couple of days to await trial before the Special Court for the Clergy. Other members of the Fali family, who also follow Grand Ayatollah Shirazi, are reported to have been arrested, tortured and some sentenced to prison terms in previous years.In September 1996, Hojjatoleslam Sheikh Fazel Fazeli, a follower of Grand Ayatollah Shirazi and a poet, was arrested from his home in Qom. According to unconfirmed reports, he was released shortly afterwards. Several others were arrested on 14 and 15 January 1997. They included Hojjatoleslam val moslemin Sheikh Mohammad Amin Ghafoori, a well-known religious figure and writer on Islamic themes, and his wife, and Hojjatoleslam val moslemin Sayed Hossein Fali who has reportedly been arrested several times before for association with Grand Ayatollah Shirazi. He is said to have been tortured during his previous detentions and to have undergone surgery as a result. Unconfirmed reports suggested that the latter three were all beaten during their arrests. Reports from detention have also indicated that they have been tortured during their detention.Most of those listed above have been released at various times since July 1996. They include Hojjatoleslam val moslemin Abdolrahman Ha’eri; Hojjatoleslam val moslemin Sayed Abdolrasoul Musawi; Hojjatoleslam Taleb Salehi; Hojjatoleslam Mohammad ‘Ali Ma’ash; Iyad Fujian; Hojjatoleslam Sayed Abbas Musawi; Ahmad and Jalal Akhound; Sheikh Hossein Dhakeri; ‘Ali Rumaythi; Hojjatoleslam Sheikh Azizollah Hassani; Mohammad Ghaffari; and Mohammad Fazel al-Saffar. Sayed Morteza Shirazi was released for almost 48 hours between 21 and 23 October, after which he was summoned back to prison. He was released again on 1 January 1997; his younger brother Sayed Mehdi had been released a few days earlier on 28 December 1996. Among those still held are Sheikh Mohammad Taqi Dhakeri; Hadi Dhakeri; Iyad Fujian; Sheikh Mohammad Amin Ghafoori; and Hojjatoleslam val moslemin Sayed Hossein Fali.Most, if not all of those from Qom arrested in 1995 were transferred to Tehran for further interrogation. They were held in incommunicado detention, probably in Tawhid Prison in Tehran until early 1996, when most received at least one family visit.During their detention, there have also been reports that most, if not all of the detainees referred to above, have been tortured. Methods are reported to include:* beatings on different parts of the body, including prolonged beatings on the soles of the feet, after which the detainee is forced to walk on injured feet* cigarette burns on the tips of the fingers and the soles of the feet* burning with hot metal elements such as an iron, or hot liquids poured onto the body* prolonged enforced standing (sometimes on one leg) including in the snow during winter* detention in extremely confined spaces* suspension by the hands, ankles or other body parts from the ceiling and occasionally from a ceiling fan which was rotated with beatings administered at the same time* exposure to heat and cold for long periods* the plucking of hair from the beard or the head (which causes severe humiliation to religious figures, as well as physical pain)* shackling the arms in contorted and painful positions, such as the right arm behind the right ear and the left arm behind the back, and shackled at the wrist* prolonged sleep deprivation, reportedly up to 16 days* electric shocks, including in the mouth* threatened execution by electrocution after telling the detainee to write his will and attaching electrodes to the body* prolonged blindfolding for up to two months* the playing of extremely loud music or screams of other people apparently being tortured* stating that relatives of the detainee have been arrested and threatening to torture them.At least one, Sheikh ‘Ali Ma’ash, is reported to have required medical treatment after his release as a result of torture, including for a toe on his right foot which was broken and left untreated. At least one of the detainees is reported to have severe burn marks on his arms and neck, which is said to look like "a creased piece of material". There have also been reports that detainees were denied access to medical treatment and given inappropriate treatment in prison for illnesses such as diabetes.Responses received by Amnesty International members or sections from Iranian Embassy officials concerning 11 of the detainees (see Appendix C) deny that they were "ill-treated", but give no information as to whether any investigation has been carried out into the allegations of torture of these and other detainees.The responses from Iranian officials also outlined the main charges against the 11 detainees referred to. Among other charges, Sayed Morteza Shirazi is accused of setting up an illegal organization to pursue unlawful objectives such as disturbing public order; forging documents; dissemination of lies and rumours; insulting the country’s officials and despatching unauthorized reports abroad. Other accusations included disturbance of public order and promotion of ghameh zani(27), and making contacts with wanted criminals resident in foreign countries. The others were accused of a variety of offences including membership of Sayed Morteza Shirazi’s organization; insults to the Leader of the Islamic Republic; forgery; helping people to leave the country illegally; dissemination of lies and rumours; possession of illegal material; and insulting officials.Amnesty International recognizes that activities such as forgery are criminal offences and that governments have a right to bring people accused of such acts to justice. However, despite repeated requests for full details of the charges against all the detainees, and the evidence against them, the Iranian authorities have so far failed to provide such information. In addition, in the Embassy responses, many of the charges are extremely vaguely worded and would appear to allow the possibility that those so accused are being detained for what could be the non-violent expression of the internationally recognized rights to freedom of belief, expression and association. In the other cases, no information at all has been provided by the Iranian authorities about the nature of the charges against the detainees. In May 1996, newspaper reports suggested that Iranian officials were claiming behind the scenes that the reason for the arrest of Grand Ayatollah Shirazi’s followers was their involvement in anti-government unrest in Bahrain, including forgery of documents and passports.(28) However, no public statement to this effect has been made by Iranian officials, and although forgery is mentioned in the Iranian Embassy response of March 1996, the only two foreign countries mentioned among the various charges are Iraq and Afghanistan.Amnesty International therefore believes that the main, if not the sole, reason for the arrests of the followers and relatives of Grand Ayatollah Shirazi and the continued detention of some of them, is their association with him, and that these measures are intended to pressurize the Grand Ayatollah to change his views. If this is the case, then these detainees are prisoners of conscience and should be released immediately and unconditionally. Otherwise they should be charged with a recognizably criminal offence and promptly tried in accordance with international standards for fair trial.(From Amnesty report 13/18/97)