Abdorrahman Boroumand Center

for Human Rights in Iran

https://www.iranrights.org
Omid, a memorial in defense of human rights in Iran
One Person’s Story

Hassan Hekmat Demir

About

Nationality: Unknown
Religion: Unknown
Civil Status: Unknown

Case

Date of Killing: December 20, 2007
Location of Killing: Khoy, Azarbaijan-e Gharbi Province, Iran
Mode of Killing: Hanging
Charges: Acting against state's security

About this Case

Mr. Hekmat Damir was a Turkish citizen and a member of PJAK.

News of the execution of Mr. Hassan Hekmat Demir was published by various sources including the Committee of Human Rights Reporters on January 14, 2008, Human Rights Organization of Kurdistan on January 12, 2008, and the Federation of Political Prisoners in Kurdistan. Additional information was published by Amnesty International on May 3, 2007, Faratnews on December 18, 2013, Orumieh website on January 12, 2008, and Human Rights Watch News Agency in Kurdistan on April 26, 2007.

Mr. Hekmat Demir was a Turkish citizen and a member of PJAK (The Free Life Party of Kurdistan) with the organizational name of Agid.

The Free Life Party of Kurdistan (PEJAK) is a leftist organization, established in December 2003-January 2004, with the goal of [reaching] “a democratic, ecological, society, with equality of the sexes,” in the framework of a democratic and federal Iran with autonomy for ethnic minorities. It had its first congress on April 25, 2004. Headed by Abdorrahman Haji Ahmadi, the Party has close ties to PKK in Turkey and considers “Apo” (Abdollah Ocalan), PKK’s leader, its spiritual leader. PEJAK is mostly influential in the northern regions of Iranian Kurdistan, and is engaged in armed struggle against the Islamic Republic. PEJAK calls Iranian Kurdistan “East of Kurdistan.”

According to the existing information, Mr. Hekmat Demir had escaped the Orumieh Prison in Arpil of 2007 after being detained for a year.

Amnesty International issued a statement on May 3, 2007, expressing concerns regarding the lack of medical attention for Mr. Hekmat Demir in prison. The Human Rights Organization of Kurdistan issued a statement objecting to the execution of this Turkish citizen. (January 12, 2008)

Arrest and detention

According to the existing information, Mr. Hekmat Demir was arrested by Revolutionary Guards in the mountainous area of Aland, Khoy, near the Iran-Turkey border in the spring of 2007, several weeks after his escape from the Orumieh Prison. He was transferred to the detention center of the Intelligence Office in Orumieh. According to Amnesty International report, Mr. Hekmat Demir’s feet were frozen when arrested and doctors intended to amputate both but he disallowed them. During his detention period, he had no means to contact or visit his family who lived in Turkey. According to Amnesty International and the Human Rights Organization of Kurdistan, in spite of his need for medical attention, Mr. Hekmat Demir was under physical and psychological pressure in solitary confinement in the Intelligence Office in Orumieh.

Trial

No information is available on Mr. Hekmat Demir’s trial. According to the Human Rights Organization of Kurdistan, he was denied access to an attorney.

Charges

According to the existing information, the charge brought against Mr. Hekmat Demir was “acts against national security.”  

The validity of the criminal charges brought against this defendant cannot be ascertained in the absence of the basic guarantees of a fair trial.

Evidence of guilt

The report of this execution does not contain information regarding the evidence provided against Mr. Hekmat Demir.

Defense

No information is available on Mr. Hekmat Demir’s defense.

A Summary of the Defects of Mr. Hassan Hekmat Demir’s Legal Proceedings

No precise information is available about the proceedings in Mr. Hassan Hekmat Demir’s case. Most media outlets reported that he was a member of Pejak. Since Pejak is engaged in armed action, he was most probably tried on the charge of Moharebeh and Efsad fel-Arz. According to Iranian law, membership in groups that are engaged in armed and terrorist activities against the regime is punishable by death.

Based on human rights organizations reports, Mr. Hassan Hekmat Demir was in dire need of medical treatment at the time of his arrest but Iranian authorities failed to take the necessary steps for his treatment, whereas, pursuant to existing laws and regulations, including the Prisons Organization’s Executive Guidelines, the responsibility to treat prisoners falls on the shoulders of the relevant authorities. Furthermore, some organizations report that Mr. Hekmat Demir was denied access to an attorney. Pursuant to the Law on the Rules of Criminal Procedure for General and Revolutionary Courts, Note 1 to Article 186, in force at the time of his trial, “If in crimes for which the law has mandated the punishments of Qesas of life, execution, stoning, and life imprisonment, the defendant does not personally introduce an attorney, it is mandatory that a court-appointed attorney be designated.” It is clear that the law considers the presence of an attorney as mandatory in cases where the punishment is death; if no attorney is present at these trials, the judge may not proceed. If he does proceed with the adjudication, the ruling that is issued has no legal value or credence. Therefore, if certain news agencies’ claims are correct, if Mr. Hekmat Demir was deprived of an attorney at trial and no court appointed attorney was designated for him, the sentence is without legal value and merit.

Judgment

Mr. Hassan Hekmat Demir was hanged at the Khoy Central Prison on December 20, 2007. There is no information on the verdict leading to this execution.

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