Iran Interview: Attorney Dadkhah on 9 Years in Prison "I am Glad They Did Not Render a Death Sentence"

Farzneh Bazhpour of Rah-e Sabz interviews Mohammad Ali Dadkhah, a prominent defense attorney and co-founder of the Center for Defenders of Human Rights, who was sentenced this weekend to nine years in prison.

Dadkhah was arrested in July 2009 and has been under threat of a lengthy punishment ever since.

Translation by Banooye Sabz:

Mr. Dadkhah, we just heard that the courts announced their ruling regarding the case against you. Can you please elaborate on the exact nature of your sentence?

I have been banned from practicing the law and teaching at any university for 10 years. I have been sentenced to eight years in prison on charges of "disrupting public order", one year in prison on charges of "propaganda against the regime", five lashes to be substituted by fines, and approximately $1000 in other fines.

Why such a harsh sentence?

I am glad that they did not render a death sentence, for it was not outside the realm of possibility. When the law is not read and disregarded anything is possible....You take what comes your way....It's less painful; you and I don't have the luxury of choice. 

What were the allegations that led to such a heavy sentence?

Being the spokesperson for and one of the founders of the Center for Defenders of Human Rights in Iran. I was responsible for publishing reports and was accused of propaganda against the regime. 

Has the Center for Defenders of Human Rights engaged in any other activities other than defending the legal rights of prisoners?

Since its inception the Center has repeatedly stated its mission to defend the legal rights of prisoners and abide by the Constitution.

Is your assessment that this sentence is politically motivated?

Given that I have been a lawyer for 30 years and my area of expertise is legal rights, judicial rights, and international law, I am of the opinion that this sentence has little to do with legal standards and frameworks.

Do you plan to appeal this ruling? What is the probability that the sentence may be reduced or reversed?

I am always hopeful for brighter days. I am an Iranian who always yearns for brighter days.

What will become of your clients and the cases against them? Some are currently in prison while others await sentencing....

You should ask this question of those who rendered such a ruling. I had no role in the sentence that was handed down by the judiciary.

Did the judge responsible for issuing this ruling provide you with any explanation?

He explicitly stated that my activities were nationalistic and that nationalism in his opinion is the worse form of betrayal.  Of course I responded that if he believes in religion, the Prophet Mohammad has said that patriotism stems from faith, but he turned a deaf ear to my remarks.

What is your opinion regarding the ruling against you?

I was glad that they did not issue a death sentence.

Do you mean to say that you expected a death sentence?

Yes this was a distinct possibility. During my interrogation process, I wrote repeatedly that they should execute me. While in solitary confinement and under interrogation I repeatedly stated that I reject all charges against me. I told them that the charges are all complete lies and I refuse to succumb to such pressure and if you wish, you can execute me.  I even told them that given their frugal nature, if they execute me as soon as possible, they would save on food and electricity.

Were you interrogated on numerous occasions during this period?

Yes, while in solitary confinement I was interrogated repeatedly and for hours on end. Most of the questioning was regarding the Center, Shirin Ebadi and my clients.  Of course I was also questioned regarding the Freedom Movement and Iran's National Front.

The members of the Defenders of Human Rights Center such as yourself , Mrs. Sotoudeh and Mr. Seifzadeh have been rendered extremely heavy sentences. Other members such as Mrs. Mohammadi and Mr. Tajik are awaiting their sentences. Why do you think the Defenders of Human Rights Center is being put under such pressure?

Because I operate within the framework of the law, I view these rulings on the one hand as inconsistent with what is described under the jurisdiction of international law and on the other contrary to the laws of our land and our religious laws. Does divine law not state that the punishment should not exceed the crime?  What have I done that they accuse me of disgracing Iran's cultural heritage?  All I said was that those who claim to preserve our cultural heritage are the ones seeking to destroy it.  I gave my reasoning and UNESCO approved my statements --- and once approved by UNESCO, they themselves [the ruling government] expressed their pride. 

Have you engaged in any other activity other than your profession, that is to defend the rights of your clients?

Apart from teaching a little I have done nothing. Of course now I have also been banned from attending university for 10 years. My first sentence was 10 years suspension from studying. These were all unjust sentences.

Did anyone defend you in court?

Mr. Mojgani was my lawyer during this last phase. I have had other lawyers in the past as well.

Given the sentences rendered against you and the Defenders of Human Rights Center, do you believe that there is a distinct possibility that similar sentences will be issued against other members of the Center?

Yes, it looks as though these types of rulings have increased. I am hopeful that those who have made such decisions develop more foresight and perceptiveness.

Why has the Bar Association not reacted, given such harsh sentences?

It looks as though they have forgotten their mission.

The Bar Association's duty is to protect lawyers. What is your request of your professional organization?

I request that my case file be addressed and that the cited case laws and legal precedents be handled in an independent manner.  Would such a ruling be issued under a fair legal system? What crime have I committed except to defend people's rights in a court of law and remind people of the shortcomings of our judicial system? Is it a crime to promote virtue and prevent vice? Is it a crime to have a law degree?

Can you please expand upon the cases you are currently defending?

I have approximately 2000 clients. I represent cases related to cultural heritage issues, the tomb of Cyrus, defending harmful actions against Chahar Bagh and the "33" bridge in Isfahan (si-o-se pol Esfahan), and other historic landmarks. I also have clients who are political prisoners behind bars and some who await their sentences.

Given that you have been banned from practicing the law. what will become of your clients' cases? Will you be allowed to be present in a court of law?

Given the sentence rendered against me, under the law it would be considered illegal for me to be present in a court of law.

Have you experienced such a thing in the past?

I received a similar sentence for the first time in 2001. The Bar Association later announced that it would not uphold that ruling. 

The Defenders of Human Rights Center in Iran published a letter that was signed by you and your colleagues demanding that the Office of the Prosecutor investigate the deaths of Haleh Sahabi and Hoda Saber. Do you believe that this letter will be effective?

Whether or not it has any effect, we were obliged to write it.  As lawyers and legal experts we have certain duties. We care about our country.  We must state our legal opinion and that which is afforded to all citizens of our land under the law, for it is the basic right of every human being to be protected under the law. We believe that the prosecutor is responsible for investigating this matter in order to protect the legal rights of all citizens.

You have written that Haleh Sahabi and Hoda Saber's deaths are observable crimes.  Can you explain what an observable crime is in legal terms?

Any event that takes place in the presence of three individuals is considered an observable crime. This event did not occur in a vacuum. Tens of people were present at the time these individuals died.

A complaint letter was also published by 64 of Hoda Saber's former prison mates in which they bore witness to Saber's latest remarks regarding how he was beaten.  Have the judicial authorities responded to and followed up on this complaint letter?

I am hopeful that they will, but nothing has been initiated to date.

Given the current climate at the Judiciary, it looks as though many rulings have political rather than legal and judicial precedence.  What is your assessment of this approach by the Judiciary?

Because we love our country and we are committed to this land, we must express our opinions.  I see it my duty to behave as a lawyer and defender of human rights.  The rest as the saying goes, is out of my hands....

What do you plan to do now?

 I will present my arguments to the appeals court and will remind them of my legal rights.  It is my duty to enlighten the courts regarding the rights afforded to me under the law and I am hopeful that they will pay attention to my arguments. My profession has allowed me to work for 30 years to defend human rights. During this time I have never violated the law or been reprimanded by the Bar Association for any wrong doings.  I have always tried to preform my duties to the best of my abilities. The case file against me even stated that I did not charge students for my services. Is selling my service for free a crime?

After the elections they claimed that drugs and weapons were found in my office and bullets were found in my house. These were all blatant lies.

In my court hearing I stated that Mr. Mortazavi either understood or did not understand Article 188 of Iran's Islamic Penal Code.  He was either aware of Article 188 and provided the names of these individuals to newspapers maliciously demonstrating that he was not fit to be a prosecutor, or he was not aware of Article 188.  In either case a prosecutor who is not aware of  Article 188 of the penal code is not fit to prosecute.

What is your current view of the parliament in their duty as representatives of the people and protectors of their rights?

The bare minimum requirement is that commission invoke the laws as related to Article 90.  The Council has been registered by the Commission as per article 10 and as reported by the Mehr News Agency. They consider this as illegal and view our behavior with the intent to overthrow. The least they could do is look into these matters fairly, which unfortunately has not happened.

As a legal entity representing your profession, has the Bar Association made any efforts to acknowledge the Defenders of Human Rights Center?

Under the law the Chief Justice of the Bar Association is considered equal to the head of the Supreme Court. Whether the Bar Association decides to do anything regarding this matter remains unclear.

Has the Defenders of Human Rights Center asked the Bar Association to acknowledge this organization?

Currently the Center has been closed.  However, we did make such a request in the past. We had warned the Bar Association regarding many of the cases we were handling, but they never welcomed such overtures. Perhaps they behaved this way out of expediency and because it is perhaps against their best interest.

Eighteen political prisoners launched a hunger strike as a result of the suspicious death of one of their prison mates (Hoda Saber). The authorities ignored their protest. What has become of our judicial system when they ignore prisoners even when their life is in danger?

When human dignity is disregarded by officials, anything is possible. 

What is your opinion regarding the United Nations assigning a Human Rights Special Rapporteur to Iran?

Any investigation is useful. Every analysis is effective and valuable and in the end will clarify who is right and who is at fault.

Given that high ranking officials in Iran's Judiciary have announced that the UN Special Rapporteur will not be allowed to enter Iran, will this decision prevent him from effectively investigating these matters?

No. Such investigations are not difficult.  It goes without saying that the behavior by the Judiciary is contrary to the norms and principles.  Iran had demanded previously that the Special Rapporteur be male, be Muslim and not a citizen of certain countries.  All these conditions were met in the selection process and Iran is now obligated to stand by its promise.  It was the Iranian government that defined these conditions and as a result it must now stand by its word. We believe that Iran will most probably not adhere to its own conditions.  I hope nevertheless that the truth is uncovered and these cases are dealt with in a fair and legal manner.

Source: Jaras: 

Interview conducted by Farzaneh Bazrpour