Urgent Action Appeal

Jamal Saberi must be released from prison

February 10, 2004

''Arrest by Japan’s immigration police'/ Possible forcible return/
Incommunicado detention/ Fear of torture or ill-treatment 

Japan/ UNHCR
Jamal Saberi (Jalal Amanzadeh Nouei) - Iranian asylum seeker

Jamal Saberi (Jala Ahmadzadeh Nouei) is an Iranian asylum seeker who has been imprisoned in a Japanese Immigration detention center in Yokohama branch of Tokyo Immigration Bureau for deportation to Iran since October 30, 2003.

BACKGROUND INFORMATION on Jamal Saberi (Jalal Amanzadeh Nouei):

Mr. Jamal Saberi is a well known political opponent of the Islamic Republic of Iran that came to Japan in 1990. Since 1992 he has joined the Worker-communist Party of Iran (WPI). Mr. Saberi has been politically active with the WPI for the past 10 years in Japan, including printing and distributing WPI literature as well as writing several articles against the Islamic regime of Iran, which have been published in Persian and Japanese magazines and websites. His lengthy political activities with the WPI and against the Islamic regime of Iran have come to the notice of Iranian authorities. He applied for refugee status to the Japanese Minister of Justice on May 10, 2001.

Mr. Saberi has a well-founded fear of persecution based on his political opinion. He warrants recognition as a political 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.

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 like the Worker-communist Party of Iran (WPI), who advocate and actively organize for an equalitarian, non-religious and secular state.

Mr. Saberi 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.

Forcible return of Iranian asylum seekers:

A well-known example of persecution upon forcible return to Iran was reported in Amnesty International’s recent report on the forcible return of Iranian asylum seekers from Japan in October 2003. According to Amnesty International’s press release, a 58-year-old Iranian, an undocumented resident who converted to Christianity in Japan, was sent back to Iran in October 2003 and was arrested several days later. Five other Iranian undocumented residents Amnesty had been in contact with have been deported since the start of 2004, but only one has safely returned.

In other examples from an Australian newspaper The Age (29/04/2002) two Iranian men refused refugee status by Australia after spending two years in detention at Woomera were arrested by security police on their return to Iran and ordered to appear before a revolutionary tribunal.

Also, Karim Tuzhali, a former asylum seeker recognized as a refugee by the United Nations High Commissioner for Refugees (UNHCR) is another well known case. The Turkish authorities forcibly returned him to Iran on 20 June 1998. He was sentenced to death on 16 September 1998, in connection with his former membership of the banned armed opposition group, the Kurdistan Democratic party of Iran (KDPI). 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.

In other cases, 50-year-old Khaled Shoghi, who was forcibly returned from Turkey and arrested in 1997, was tortured in Iran; Kheder Viesi, another returned asylum seekesr, was sentenced to death in 1998 as well as Saleh Goudarzi, who was sentenced to death in 1999, and is detained in Sanandaj prison.

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. Japan 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 Japanese government:

- Calling on them to immediately recognize Jamal Saberi as a refugee;

- Calling for the immediate release of Jamal Saberi;

- 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 Japan - Tokyo:

- Calling on them to recognize Jamal Saberi (Jalal Amanzade Nouei) as a refugee;

- Seeking assurances that he will be given immediate and unconditional refugee status and granted protection.

APPEALS TO:

Japan ministry of justice

1-1-1, Kasumigaseki, Chiyoda-ku,

Tokyo 100-8977
the Red Brick Building (The Ministry of Justice)

Email: Webmaster@moj.go.jp

Tel: 00813 3592-7911 or 0081-3-3580-4111

Fax

UNHCR IN Japan – Tokyo

4-14 Akasaka 8-chome, Minato-ku,

Tokyo 107,

Tel: 0081- 3-3499-2310

Fax: 0081-3-3499-2273

E-mail: webmaster@unhcr.or.jp or jpnto@unhcr.ch

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

Postbus 1312

5602BH Eindhoven, Netherlands

Email farshadhoseini@yahoo.com

http://www.hambastegi.org
Phone: 31 6139 40 534

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END OF URGENT ACTION APPEAL

SAMPLE LETTER

RE: Jamal Saberi (Jalal Amanzadeh Nouei)

To Whom It May Concern:

I / My Organization am / is writing to express my strongest concern over the fate of Jamal Saberi (Jalal Amanzadeh Nouei) who is currently detained in Yokohama branch of Tokyo Immigration Bureau and is going to be deported to Iran from Japan. Jamal Asaberi is political opponent which will face serious persecution if refueled to Iran.

I / My Organization urge(s) the Japan Immigration Authorities to immediately release him and cancel his deportation order. I also urge the UNHCR and Japan Immigration ministry to grant him refugee recognition.

I am awaiting you immediate intervention in this life-threatening situation. Needless to say, the UNHCR and Japanese government will be held accountable for Jamal Saberi's life and freedom.

Signed

Name

Organization

CC: ifir@ukonline.co.uk or farshadhoseini@yahoo.com