Urgent
Action Appeal
Armin Rad (Hosein
Javaherynia) must be released from prison
25th November,
2012
''Arrest by South Korea’s immigration police'/ Possible forcible return/
Incommunicado detention/ Fear of torture or ill-treatment
South Korea/ UNHCR
Armin Rad (Hosein Javaherynia) - Iranian asylum seeker
Armin Rad (Hosein Javaherynia) is
an Iranian asylum seeker who has been imprisoned in a South Korea Immigration
detention center in Hwaseong
Immigration detention centre for deportation to Iran since October
30, 2012.
BACKGROUND INFORMATION on Armin
Rad (Hosein Javaherynia):
Mr. Armin Rad (Hosein Javaherynia) is a well known political opponent of the Islamic
Republic of Iran which his political records goes back to 1986 and in connection
with the People's Mujahedeen Organisation of Iran (PMOI).
Before fleeing to South Korea, he was arrested twice on 06/08/1994 till
21/08/1994 for 14 days and 26/09/1994 till 10/12/1994 for 2/5 months for his
political connections and activities by Iranian authorities. He was in prison
for the last 3 months and is being kept in solitary confinement under very
harsh and squalid conditions. He was severely tortured by the regime. Upon his
release, he was continuing his political activities in Iran till 2003.
Mr. Javaherynia was forced to flee when his political activities was
disclosed to the Iranian secret police during his discussion with student about
and against Islamic readers involving in terrorist activities in Berlin. After
that political conversation he was attacked by Iranian secret police by a car
and he was serious injured which till now he suffering from this attack. It is
important to consider that as a result of this political attack, he has now
serious problem with his legs. After this treatment accident and even in
hospital he was under the control by Iranian secret police and was faced imprisonment
and torture.
He was applied asylum protection in South Korea on February 2003. His
asylum application was rejected ultimately by South Korean Immigration
authorities in 2005. Because of his fear of been prosecuted on his return to
Iran he was forced to stay illegally in South Korea till now.
Mr. Javaherynia’s Joined to IFIR as a representative of IFIR in South
Korea and continues his political activities in connection with IFIR, and
remained with this organization till now. He became an important activist of
IFIR in South Korea. His name and identities has been published in www.hambastegi.org and other Iranian websites in abroad.
Following the presidential election in Iran in early June 2009 the
incumbent, President Ahmadinejad, was returned to power amidst allegations of
vote-rigging. A ground-swell of public opinion in Iran led to widespread
demonstrations in various cities in Iran. The violent methods adopted by the
Iranian government in responding to the demonstrations led to protests in
support among the Iranian diaspora.
Mr. Javaherynia has been participated in major demonstration against
Islamic regime of Iran in the South Korea during Iranian people uprising since
June 2009. His face in demonstrations were filmed and published in the internet
and web sites.
Mr. Javaherynia also has been converted to Christianity and practicing
his faith since 01-10-2006.
His political activities against Iranian regime and his co-operations
with IFIR in South Korea, which is banded organizations by Iranian regime, and
his conversation to Christianity and participating to the demonstration against
Iranian regime in South Korea all came to the notice of Iranian authorities.
Mr. Javaherynia has a well-founded fear of
persecution based on his religious faith and political opinion. He warrants
recognition as a refugee and merits the protection foreseen by the Convention
and Protocol Relating to the Status of Refugees. His life and freedom would be in danger if he
were refouled to Iran.
Mr. Javaherynia must be immediately released
from prison and have the right to seek and enjoy asylum. He has a well-founded
fear of persecution and cannot be refouled to Iran. The International
Federation of Iranian Refugees holds the South korea government accountable for
his life and safety.
The political and human rights situation in Iran:
Based on information gathered by the International Federation of Iranian
Refugees (IFIR) first-hand and from well-known international human rights
organizations, the Iranian government continues to be a major abuser of human
rights with no evidence of improvement. Systematic abuses include
extra-judicial killings and summary executions; widespread use of torture and
other degrading treatment; arrest and detention; lack of fair trials; and harsh
prison conditions.
The political activity of banned organizations is forbidden in Islamic
Republic of Iran and if political activists are identified they would torture
and heavy sentences. Members of political parties and individuals particularly
those demanding the overthrow of the government face harsh and maximum
sentences. The Islamic government of Iran does not tolerate opposition from
parties who advocate and actively organize against Islamic regime of Iran.
Mr. Javaherynia clearly fulfills the criteria
for refugee recognition detailed in relevant international instruments. He
faces a threat to his life or liberty if refouled to Iran.
Failed asylum seekers returning to Iran
It is well known that the Islamic Republic of Iran has arrested,
imprisoned, tortured, and killed Iranians who were forcibly returned to Iran if
they had unlawfully departed from the Islamic Republic of Iran, had stayed
abroad without authorization, and/or had applied for asylum in another country.
Applying for asylum is considered a political act by the Iranian regime.
There have been reports that persons deported have been imprisoned and
executed. The repressive conditions in the Islamic Republic of Iran make it
extremely difficult to verify the fate of those forcibly returned. Many times,
only those able to return to a first country of asylum after deportation can
verify the persecution faced by those deported back to Iran. I know several
such cases that have faced imprisonment and torture upon being forcibly
returned to Iran.
While some failed asylum seekers have reportedly returned to Iran
without experiencing significant problems, the treatment of returnees is
unpredictable. Citizens who have a personal grievance against a returnee are
also considered capable of engaging authorities and using security apparatus to
harass and prosecute returnees. In a 2008 fact-finding mission to Iran, the
Danish Refugee Council reports:
Expulsion and Obligation
Article 33 of the 1951 Convention prohibits returning any refugee for
any reason, whatsoever to a country where their life would be threatened.
Non-refoulement is a custom and protects anyone, whose life or freedom would be
threatened, not just Article 1A refugees who are beneficiaries of Art.33.38 The
principle is therefore applicable to all persons and refugees or asylum seekers
and it has been affirmed by numerous international instruments, including Art.
3 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (UNCAT)39, Article 13 (4) of the Inter-American
Convention to Prevent and Punish Torture40 and in United Nations Human Rights
Committee. As it is seen, the principle is explicitly included in a number of
other instruments focusing on human rights, somewhat different in its scope and
characteristics’.
The South Korea is also a party to the United Nations Convention Against
Torture which specifically states, in Article 3, that “No State shall expel,
return (“refouler”) or extradite a person to another State where there are
substantial grounds for believing that he would be in danger of being subjected
to torture.” It also requires that “For the purpose of determining whether
there are such grounds, the competent authorities shall take into account all
relevant considerations, including where applicable, the existence in the State
concerned of a consistent pattern of gross, flagrant, or mass violations of
human rights.”
Some facts on those who were deported to Iran
2011 Norway: Rahim Rostami whose asylum application had been rejected by
the Norwegian authorities was arrested by the police on February 8th and
deported to Tehran, accompanied by two Norwegian policemen, the next day. After
being handed over to the Iranian authorities he has been taken to interrogation
and later to the notorious Evin prison where he has been held in solitary
confinement. Rostami Rahim was handed over by Norwegian authorities to the
Iranian authorities on 9 February 2011, and then taken to Tehran's notorious
Evin prison.
2006 Norway: An Iranian Christian, who was forced to return from Norway
in 2006, was later imprisoned and tortured in their homeland .An Iranian asylum
seeker named Kahnlo rejection of his application for asylum in Norway. After he was forced to return to Iran in
2006, he was arrested and questioned about their religious beliefs. Kahnlo says he was beaten, kicked and beaten
in prison.
2004 Canada: An Iranian woman named Saba whose asylum request was
rejected by Canada was expelled from the country. She was arrested by Iran’s
security forces as she entered Tehran’s Mehrabad Airport, Radio Farda reported.
2004 Japan: Amnesty International reported that during 2004, from 4
Iranian asylum seekers, which have been deported to Iran by Japan Immigration
authorities, just one of them could be safe after deportation to Iran.
2004 Norway: Norwegian Refugee councils announce on 11 March 2004 that
one Iranian asylum seeker Esmail Usefi, was killed two weeks after his
deportation to Iran. Norwegian Refugee Councils in its press release reported
that Esmail Usefi was deported to Iran in 13 February. He was arrested by
Iranian Intelligence authorities and was tortured in the prison of Iran. His
body with broken head was discovered on 28 February.
2003 Japan: One Iranian asylum seeker who was changed his religious in
the Japan arrested after his deportation to Iran. He was arrested and deported
by Japan immigration authorities after his claimed for refugee status was
rejected in October 2003. A few days after his deportation to Iran Iranian
Inelegance forces arrested him.
2002 Australia: Two Iranian men refused refugee status by Australia
after spending two years in detention at Woomera have been arrested by security
police on their return to Iran and ordered to appear before a revolutionary
tribunal. (The Age 29/04/2002).
1998 Turkey: Karim Tuzhali was reportedly executed on 24 January 2002 at
Mahabad prison, western Iran. He had
been in detention for three Years, allegedly in Orumieh prison, West Azerbaijan
province. He had reportedly been
tortured while in detention and there was apparently a delay in releasing his
body to his family. Karim Tuzhali was a former asylum seeker and recognized as
a Refugee by the United Nations High Commission for Refugees (UNHCR). He
reportedly sought asylum around 1996 under an assumed name. The Turkish
authorities forcibly returned him to Iran on 20 June 1998 without informing the
UNHCR. (Amnesty International).
IFIR considers the forcible return of Iranian political activists to be
a violation of the principle of non-refoulement. This principle prohibits the
forcible return of a person to a country where their life or freedom would be
threatened. It is a principle of customary international law, which binds all
states. South Korea is a party to the International Covenant on Civil and Political
Rights (ICCPR) which prohibits torture, cruel, inhuman or degrading treatment
or punishment.
RECOMMENDED ACTION:
Please send appeals immediately:
To the South Korea government:
- Calling
on them to immediately recognize Mr. Hosein Javaherynia as a refugee;
- Calling
for the immediate release of Mr. Javaherynia;
- Stressing
that the forcible return of any person to a country where they are at risk of
torture or ill-treatment is a violation of the principle of non-refoulement;
To the UNHCR in South Korea - Seoul:
- Calling
on them to immediate intenvention in this matter and recognize Mr. Javaherynia as
a refugee;
- Seeking
assurances that he will be given immediate and unconditional refugee status and
granted protection.
APPEALS TO:
Protest letters can be sent to addresses below:
Chief Commissioner of the Korea Immigration Service
Seok Dong-hyeon
Korea Immigration Service
1-19 Gwacheon
NC Building 8th Floor
Byeolyang-dong
Gwacheon
Gyeonggi Province 427-705
Republic of Korea
Fax: +82-2-500-9097/9201
Minister of Justice
LEE Kwi-nam
Ministry of Justice
Gwacheon Government Complex
88 Gwanmoon-ro
Gwacheon
Gyeonggi Province 427-720
Republic of Korea
Fax: +82-2-2110-3079
UNHCR Republic of Korea
Telephone +82-2-773-7011
Facsimile +82-2-773-7014
Kumsegi Bldg. 16 Eljilro 1
Ga, Joong-Ku Seoul 100-842, Republic of Korea
Please send appeals immediately. For further information, contact
Farshad Hoseini with Tel: 0031 613940534 or E-mail farshadhoseini@yahoo.com.
IFIR is an international
non-governmental organization with over42-branches in 16 countries worldwide which advocates promoting and protecting the
rights of Iranian refugees and asylum seekers; provides evidentiary support
through its Documentation Center; and provides referrals for services.
This Urgent Action may be reposted if kept intact, including contact
information and stop action date (if applicable).
Thank you for your help with this appeal.
Urgent Action Network
IFIR campaign organizer:
Farshad Hoseini
SAMPLE LETTER
RE: Armin Rad (Hosein Javaherynia)
To Whom It May Concern:
I / My Organization am / is writing to
express my strongest concern over the fate Mr. Hosein Javaherynia who is
currently detained in in Hwaseong Immigration detention centre in South Korea and is going to be
deported to Iran from South Korea. Hosein Javaherynia is political opponent
which will face serious persecution if refueled to Iran.
I / My Organization urge(s) the South Korea
Immigration Authorities to immediately release him and cancel his deportation
order. I also urge the UNHCR and South
Korea Immigration ministry to grant him refugee recognition.
I am awaiting you immediate intervention in
this life-threatening situation.
Needless to say, the UNHCR and South Korea government will be held
accountable for Hosein Javaherynia's life and freedom.
Signed
Name
Organization
