Helmut Hofer, a German businessman, has been sentenced to death by a court in Iran having been convicted of engaging in consenual sex in private with an unmarried 26-year-old woman. Mr. Hofer is divorced. Apparently, on a business trip sometime in 1997 or maybe even before, he formed an intimate relationship with Vahideh Qassemi, a medical student.
Mr. Hofer, 54, was sentenced to death by stoning for having sexual intercourse with Ms. Qassemi. Specifically, it is alleged by Iranian prosecutors that Mr. Hofer, divorced, maintained an illicit relationship with a woman whom he reportedly met during a business trip in 1997 or earlier to Mashhad,a town in northeastern Iran. Mr. Hofer was arrested in September 1997, less than a month after he arrived in Iran and was accused of having sexual relations with Qassemi. Mr Hofer admits that he fell in love with the woman but insists that the couple never had sexual intercourse and only kissed once. German media have reported that the woman, who was sentenced to 99 lashes, had undergone three medical tests, two of which found that she was still a virgin.
It has been suggested that the conviction was invalid under Islamic law because the alleged offence had not been witnessed by at least four people, although this evidentiary standard may not apply in the wake of Ms. Qassemi's admission of "guilt."
Mr. Hofer's arrest came about in September 1997, when law enforcement authorities saw Vahideh at the airport and asked her why she was there. She told them that she was waiting for her fiance. After further questioning, she admitted that she and Helmut had previously engaged in sexual relations. The police arrested him upon his arrival at the Teheran airport to board a flight for Germany.
Hofer was charged with "Zenaye Mohsene," which under Iran's Islamic laws is defined as adultery with a married woman or sex between a Muslim woman and non-Muslim man.
Both Mr. Hofer and Ms. Qassemi were tried fpr and convicted by an Iranian court for having an "illicit" affair. It is illegal in Iran to have sex outside of marriage, and if the man is not a Muslim the sentence is death.
The court sentenced Vahideh to 99 lashes. Hofer was sentenced to death. They both appealed. On October 10, 1998, the Appeals Court affirmed the convictions and sentences. Hoffer has appealed the Appeals Court decision to the Supreme Court and it is believed that Qassemi is likely to do so.
The Foreign Minister of the Islamic Republic of Iran, Mr. Kamal Kharazzi, announced on January 30,1998 that the appeal against the death sentence was still in its early stages and could possibly be overturned on appeal.
Legal experts in Iran have stated that the Supreme Court would likely overturn the verdict. Under Islamic law the death sentence applies only if the woman is married or if she was raped. Death sentences are usually carried out by stoning or hanging.
Kharazzi defended his country's judiciary in the wake of a sentence, saying the Iranian judiciary was independent and the government could not interfere in the case.
Spokespersons for the German foreign ministry have said the government was "shocked" by the decision, which "flew in the face of all the principles of justice and humanity." The German government has protested to both the Iranian charge d'affaires in Bonn and the foreign ministry in Tehran. Foreign ministry spokespersons have also stated that the matter would place "severely strain on Germany's relations with Iran if this sentence were enforced."
Iran's foreign ministry has insisted that the case is unrelated to diplomatic relations between the two countries, claiming that the government in Teheran was unable to intervene because the Iranian judicial system's independence of state control. Relations between Germany and Iran had been improving after they were plunged into crisis in April by a Berlin court verdict which found that the government of Iran ordered the murder of four Kurdish dissidents in 1992. Germany led the European Union in withdrawing its ambassador from Teheran, marking the first time a European court had attributed political responsibility for any of the dozens of assassinations of Iranian opposition figures abroad since the '79 Islamic revolution. Germany had hoped to restore full diplomatic relations with Teheran within the next few months and to resume its policy of constructive engagement with Iran. Such a move will now be impossible unless Teheran commutes the death sentence passed on Mr. Hofer. The top security adviser of former Federal Chancellor Helmut Kohl had opened contacts with Iran in an attempt to save the condemned from being stoned to death.
According to the National Council of Resistance of Iran, a group representing Iran's a portion of Iran's democratic opposition, adulterers, homosexual people, prostitutes and other offenders against Islamic law are often stoned in a group. A film smuggled out of Iran in January showed one victim being whipped and then being stoned along with four other men. About 200 people were executed in 1997, according to Teheran authorities. The last publicly announced instance of stoning was in Afghanistan where the Taleban Islamic movement last year ordered the execution of a young woman. Iran is the only other country in the world where stonings are regularly reported. The National Council of Resistance of Iran, a democratic opposition in exile based in the USA, has released figures indicating that at least 60 people have been killed this manner since the Iranian revolution in 1979.
Please write (or, where possible facsimile or e-mail) your messages to the following individuals urging an immediate commutation of the sentences against Mr. Hofer and Ms. Qassemi:
Hojatoleslam Dr. Sayed Mohammad Khatami, President, The Islamic Republic of Iran, Executive Office of the President, Iman Khomenei Street, Teheran, Iran
Note: The President of Iran can be delivered e-mail at the link indicated under "miscellaneous sites."
The Officer in Charge, Islamic Republic of Iran Interests Section, Embassy of Pakistan, 2209 Wisconsin Avenue, N.W., Washington, DC 20007, Facsimile: (202) 965-1073
H.E., Mr. Hadi Majid Takht-Ravanchi, Charge d'Affaires, Mission of Iran to the United Nations, 622 Third Avenue, 34th Floor, New York, New York USA 10017, Facsimile: (212) 867-7086 / E-Mail: irnun@undp.org
The following Iranian government officials can be addressed simply by name and title, in Teheran, Iran:
The Hon. Kamal Kharazzii, Minister of Foreign Affairs
The Hon. Qorbani Dorri Njatabadi, Minister of Information
The Hon. Mohammad Esmail Shoushtari, Minister of Justice
Dr. M. Javad Zarif, Deputy Foreign Minister (Legal & International Affairs)
The Hon. Ayatollah Moqtadaii Mortaza, Prosecutor-General
The Hon. Ayatollah Mohammadi Gilani Mohammad, Chief Justice of the Supreme Court
Additionally, letters to the following would be helpful:
The Hon. Kofi Anan The Secretary General The United Nations United Nations Plaza New York, New York USA 10017
The Hon. Mary Robinson, High Commissioner for Human Rights The Hon. Jacob Salebe , Commission on Human Rights The Hon. , Subcommission on the Prevention of Discrimination & Protection of Minorities The United Nations Centre for Human Rights The United Nations Palais des Nations CH-1211 Geneva 10, Switzerland
Mr. Waly Bacre Ndiaye Director - New York Liaison Office United Nations Centre for Human Rights The United Nations United Nations Plaza, Room 5294 New York, New York USA 10017
Mr. Georg Maunter-Markhof Chief, Special Procedures Section United Nations Centre for Human Rights The United Nations Palais des Nations CH-1211 Geneva 10, Switzerland
The Hon. Gerhard Schroeder The Federal Chancellor, The Chancellery, Adenauerallee 139-141, Postfach 120535, D-53113 Bonn, Germany, Facsimile: 49-228-562357
The Hon. Joschka Fischer, Federal Minister of Foreign Affairs, Adenauerallee 99-103, Postfach 1148, PLZ 53001, D-53113 Bonn, Germany, Facsimile: 49-228-173402Most Rev. Renato Raffaele Martino, Chief of Mission, Permanent Observer Mission of the Holy See to the United Nations, 25 East 39th Street, New York, New York USA 10016, E-Mail: hsmission@holyseemission.org
Constitution of the Islamic Republic of Iran as 24 October 1979 (as amended, 28 July 1989)
Chapter 3, Article 20: "All citizens of the country, both men and women equally, enjoy the protection of the law and enjoy all human, political, economic, social and cultural rights in conformity with Islamic criteria."
Chapter I, Article 3: "(7) The Government has as its duty ... ensuring political and social freedoms within the framework of Islam." "14) The government has as its duty ... securing the multifarious rights of all citizens, both men and women, and providing legal protection for all as well as equality before the law."
Iran is a signatory or has acceded to a variety of international human rights instruments, of which the International Covenant on Civil and Political Rights (hereinafter, the CCPR) most clearly has the force of law; Iran signed the CCPR on 4 April 1968, and ratified the instrument in conformity with its internal constitutional arrangements on 24 June, 1975. No reservations, understandings or qualifying declarations of any kind, pertinent or otherwise have ever been made. Notwithstanding the fact that Iran has not become a signatory of the CCPR's "Optional Protocol," and individual cases are not therefore admissible upon petition to the consideration of the United Nations Human Rights Committee, nonetheless the CCPR has obligatory force as against the Islamic Republic of Iran in international law, and it is required by the terms of the treaty that the government and courts of that state apply the provisions of the treaty in interpreting domestic law.
UNIVERSAL DECLARATION OF HUMAN RIGHTS, G.A. RES. 217A (III), U.N. DOC A/810 AT 71 (1948).
Article 1 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 3 Everyone has the right to life, liberty and security of person.
Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, G.A. RES. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976.
Article 2 1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 6 1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.
Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
Article 9 1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
Article 10 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
Article 17 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks.
Article 18 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
DECLARATION OF PRINCIPLES ON TOLERANCE Proclaimed and signed by the Member States of UNESCO on 16 November 1995
Article 2 - State level 2.1 Tolerance at the State level requires just and impartial legislation, law enforcement and judicial and administrative process. It also requires that economic and social opportunities be made available to each person without any discrimination. Exclusion and marginalization can lead to frustration, hostility and fanaticism. 2.2 In order to achieve a more tolerant society, States should ratify existing international human rights conventions, and draft new legislation where necessary to ensure equality of treatment and of opportunity for all groups and individuals in society 2.4 Intolerance may take the form of marginalization of vulnerable groups and their exclusion from social and political participation, as well as violence and discrimination against them. As confirmed in the Declaration on Race and Racial Prejudice, 'All individuals and groups have the right to be different'
Article 3 - Social dimensions 3.3 As affirmed by the UNESCO Declaration on Race and Racial Prejudice, measures must be taken to ensure equality in dignity and rights for individuals and groups wherever necessary. In this respect, particular attention should be paid to vulnerable groups which are socially or economically disadvantaged so as to afford them the protection of the laws and social measures in force, in particular with regard to housing, employment and health, to respect the authenticity of their culture and values, and to facilitate their social and occupational advancement and integration, especially through education.
Article 5 - Commitment to action We commit ourselves to promoting tolerance and non-violence through programmes and institutions in
UNHCHR CHIEF TO VISIT IRAN NEXT YEAR
London, Nov. 3, IRNA -- The UN High Commissioner for Human Rights, Mary Robinson, is to pay her second visit to Iran early next year, British Foreign Office minister Baroness Symons has revealed. Robinson first visited Tehran last march, when she opened the sixth workshop on regional human rights arrangements in the Asia- Pacific region, which brought together representatives from 33 governments. Her new trip follows next week's UNHCHR conference on 'Enriching the Universality of Human Rights' to be held in Geneva in cooperation with the Organisation of the Islamic Conference, currently chaired by Iran. The UN High Commissioner was quoted saying in a press release on October 30 that she hoped the discussion on Islamic perspectives would "provide a framework for a better understanding of the significance of cultural and religious backgrounds." During her March visit to Tehran, she said was a "very constructive meeting" with Iranian Deputy Foreign Minister Javad Zarif on the issue of the Universal Declaration of Human Rights from an Islamic viewpoint. Answering questions in London's House of Lords on Monday, Baroness Symons did not specify the date of the former Irish President's next visit to Tehran, but said that Robinson would be accompanied by officials from the Amnesty International human rights group. She was unable to answer when British Foreign Office Minister Derek Fatchett's planned trip to Tehran would take place, but suggested that the first step in the recent restoration of UK-Iran bilateral relations was to complete an exchange of ambassadors.
UNHCHR DENIES ROBINSON VISIT TO IRAN
London, Nov. 6, IRNA - The UN High Commission for Human Rights said Friday that it did not know anything about Mary Robinson planning to visit Rran early next year. Media and Information Officer Jose Diaz told IRNA that the claim made by British Foreign Office Minister Baroness Simons was "the first time I heard of a possible visit next year to Iran by the High Commissioner." The spokesman also disputed the UK Minister telling the House of Lords in London last Monday that Robinson would be accompanied by officials from Amnesty International. "When the High Commissioner makes official visits, she is usually accompanied by members of her staff," he said. "Joint trips with Amnesty International, or any other non-governmental organization are not the procedure." A spokesman for Amnesty International in London also said that he did not know anything about an impending visit to Iran. The assertion made by Baroness Simons follows the Foreign Office appointing Amnesty International and other non-governmental organization officials to its staff as paid consultants.
INTERNATIONAL CONFERENCE ON HUMAN RIGHTS IN ISLAM OPENS
Geneva, Nov. 9, IRNA -- An international conference on enrichment of the Universal Declaration of Human Rights in view of Islam opened in Geneva on Monday. The UN High Commissioner for Human Rights Ms. Mary Robinson has sponsored the conference. 20 scholars and cultural figures from Iran, Egypt, Saudi Arabia, Syria, Malaysia, Morocco and Algeria have taken part in the conference. From Iran, Iranian expert Dr. Mehr-Pour and Deputy Foreign Minister for Legal and International Affairs Mohammad Javad Zarif have been invited to the conference. Islamic views toward social rights and political and cultural status of the individuals and campaign against discrimination have formed the agenda of the conference. Secretary-General of the Organization of the Islamic Conference (OIC) Azeddine Laraki has attended the conference. Iranian Foreign Minister Kamal Kharrazi had put forward the proposal to the United Nations Human Rights Commission in Geneva early 1998 to hold an international conference on the Universal Declaration of Human Rights and the views of Islam toward human rights. Ms. Robinson has already said that the conference will neither adopt common views nor raise the differences on human rights. The participants are expected to offer the views on human rights from points of view of the Islamic Shari'a law. The conference is focused on the theme that the Universal Declaration of Human Rights is formulated by the human being while Islam is a Divine message which should be studied in details to promote human rights in the international community.
The Magnus Hirschfeld Centre for Human Rights Homepage
E-Mail the President of Iran
The Iranian News
Iran - Political Resources on the Internet
The Constitution of the Islamic Republic of Iran
Iran Human Rights Working Group
UN Reports on the Human Rights Situation in Iran
1997 U.S. State Department Report on Human Rights Practices in Iran
Human Rights in Islam
Women in Islam
