Special Rapporteur on extrajudicial, summary or arbitrary executions
A/HRC/14/24/Add.1 para 434
Full recommendation:
I therefore urge your Excellency’s Government to take all necessary measures to guarantee
that Habibollah Latifi, Ehsan (Esma’il) Fattahian and Sherko Moarefi are not deprived of
their lives in violation of the obligations your Excellency’s Government has entered into
under international law. Considering the irreversible nature of capital punishment, this can
only mean suspension of the death sentence against them until the question whether the acts
they were found guilty of satisfy the international criteria as to what constitutes “most serious
crimes” has been clarified. In view of the urgency of the matter, I would appreciate a
response on the initial steps taken by your Excellency’s Government to safeguard the rights of
Habibollah Latifi, Ehsan (Esma’il) Fattahian and Sherko Moarefi in compliance with your
Government’s international legal obligations.
Assessment using Impact Iran human rights indicators1
A. The Special Rapporteur urges the State party to take all necessary measures to
guarantee that Habibollah Latifi, Ehsan (Esma’il) Fattahian and Sherko Moarefi
are not deprived of their lives in violation of the Government’s obligations under
international law.
In 2009, Habibollah Latifi Ehsan (Esma’il) Fattahian and Sherko Moarefi were convicted on
charges of moharebeh (“enmity against God”), which carries the death penalty, for their
alleged membership of and/or activities on the behalf of a prohibited Kurdish armed group.
Sentences were upheld in appeal and confirmed by the Supreme Court. Reportedly, all three
trials were not in compliance in with international standards. 2 3 4 5 6 7 8 There is no available
evidence that might indicate the alleged offences amount to the “most serious crime” beyond
reasonable doubts.9
Habibollah Latifi’s execution was postponed when his case became public, and 300 people
gathered outside Sanandaj prison on December 25th 2010, the night before he would have
1
CCPR.6.2.S.1
CCPR.6.2.P.1
2
https://www.amnesty.org/download/Documents/40000/mde131172010en.pdf
3
https://www.amnesty.org/en/documents/MDE13/035/2011/en/
4
https://www.theguardian.com/world/2010/dec/25/iran-execute-student-kurd-terrorist
5
https://www.amnesty.org/download/Documents/48000/mde131192009en.pdf
6
https://www.amnesty.org/en/latest/news/2009/11/iran-must-halt-imminent-execution-kurdish-man-20091110/
7
https://www.amnesty.org/en/latest/news/2010/01/kurdish-man-imminent-risk-execution-iran-20100122/
8
https://www.hrw.org/news/2011/04/30/iran-halt-execution-kurdish-activist
9
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G10/145/06/pdf/G1014506.pdf?OpenElement
1