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

Ali Mokhtari

About

Nationality: Iran
Religion: Presumed Muslim
Civil Status: Unknown

Case

Date of Killing: October 6, 1983
Location of Killing: Qasr Prison, Tehran, Tehran Province, Iran
Mode of Killing: Hanging
Charges: Drug trafficking; Drug possession; Drug related offense

About this Case

The execution of Mr. Ali Mokhtari, along with sixteen others, was announced in a communiqué from the Anti-Narcotics Section of the Public Prosecutor’s Office in Tehran. The communiqué was reported in the Jomhuri Eslami Daily on October 8, 1983.

Arrest and detention

The circumstances of this defendant’s arrest and detention are not known.

Trial

No information is available on the defendant’s trial.

Charges

Mr. Mokhtari was reportedly charged with “purchasing and distributing narcotics, establishing a trafficking gang, confessing to dealing 1.400 kg of heroin, possessing 17 gm and 15 centigram of heroin when arrested, and having been convicted previously several times.”

The validity of the criminal charges brought against this defendant cannot be ascertained in the absence of the basic guarantees of a fair trial. International human rights organizations have drawn attention to reports indicating that the Islamic Republic’s authorities have brought trumped up charges against their political opponents and executed them for drug trafficking, sexual, and other criminal offences. Thousands of alleged drug traffickers have been sentenced to death following judicial processes that fail to meet international standards. The exact number of people convicted based on trumped-up charges is unknown.

Evidence of guilt

The report of this execution does not contain information regarding the evidence provided against the defendant.

Defense

No information is available on Mr. Mokhtari's defense.

Judgment

The Anti-Narcotics Islamic Revolutionary Tribunal in Tehran declared Mr. Mokhtari a corruptor on earth and sentenced him to death. Having been confirmed by the Supreme Court, the sentence was carried out at 5 a.m.

Based on the available information, the following human rights have been violated in this case:

    • The right to liberty and security of the person. The right not to be subjected to arbitrary arrest and detention.

Universal Declaration of Human Rights (UDHR), %Article 3%viol_udhr_3%; International Covenant on Civil and Political Rights (ICCPR), %Article 9.1%viol_iccpr_9.1%.

The right to due process

    • The right to be presumed innocent until found guilty by a competent and impartial tribunal in accordance with law.

ICCPR, %Article 14.1%viol_iccpr_14.1% and %Article 14.2%viol_iccpr_14.2%.

Pre-trial detention rights

    • The right to know promptly and in detail the nature and cause of the charges against one.

UDHR, Article 9(2); ICCPR, %Article 9.2%viol_iccpr_9.2% and %Article 14.3.a%viol_iccpr_14.3.a%

    • The right to counsel of one'sown choosing or the right to legal aid. The right to communicate with one'sattorney in confidence

ICCPR, %Article 14.3.b%viol_iccpr_14.3.b% and %Article 14.3.d%viol_iccpr_14.3.d%; Basic Principles on the Role of Lawyers, %Article 1%viol_bprl_1%, %Article 2%viol_bprl_2% %Article 5%viol_bprl_5%, %Article 6%viol_bprl_6%, %Article 8%viol_bprl_8%.

    • The right to adequate time and facilities for the preparation of the defense case.

ICCPR, %Article 14.3.b%viol_iccpr_14.3.b%.

    • The right not to be compelled to testify against oneself or to confess to guilt.

ICCPR, %Article 14.3.g%viol_iccpr_14.3.g%.

    • The right not to be subjected to torture and to cruel, inhuman or degrading treatment.

ICCPR, %Article 7%viol_iccpr_7%; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, %Article 1%viol_ctcidp_1% and %Article 2%viol_ctcidp_2%.

Trial rights

    • The right to a fair and public trial without undue delay.

ICCPR, %Article 14.1%viol_iccpr_14.1%,

ICCPR, %Article 14.3.c%viol_iccpr_14.3.c%.

    • The right to defense through an attorney or legal aid. The right to examine, or have examined, the witnesses against one and to obtain the attendance and examination of witnesses on one’s behalf under the same conditions as prosecution witnesses.

ICCPR, %Article 14.3.d%viol_iccpr_14.3.d% and %Article 14.3.e%viol_iccpr_14.3.e%.

    • The right to have the decision rendered in public.

ICCPR, %Article 14.1%viol_iccpr_14.1%.

Judgment rights

    • The right to appeal to a court of higher jurisdiction.

ICCPR, %Article 14.5%viol_iccpr_14.5%.

    • The right to seek pardon or commutation of sentence.

ICCPR, %Article 6.4%viol_iccpr_6.4%.

Capital punishment
    • The inherent right to life, of which no one shall be arbitrarily deprived.

Universal Declaration of Human Rights (UDHR), %Article 3%viol_udhr_3%; International Covenant on Civil and Political Rights (ICCPR), %Article 6.1%viol_iccpr_6.1%; Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty, %Article 1.1%viol_sopiccpr_1.1%, %Article 1.2%viol_sopiccpr_1.2%.

    • The right not to be subjected to cruel, inhuman or degrading punishment.

ICCPR, %Article 7%viol_iccpr_7%; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, %Article 1%viol_ctcidp_1% and %Article 2%viol_ctcidp_2%.

Correct/ Complete This Entry