INSUBCONTINENT EXCLUSIVE:
TEHRAN - The secretary of Iran's High Council for Human Rights has condemned the detention and prosecution of an Iranian diplomat,
Assadollah Assadi, who was abducted in Belgium in July 2018.
Kazem Gharibabadi expressed displeasure over the Assadi case in a letter to the
UN High Commissioner for Human Rights.Gharibabadi has guilted the Belgian and German governments for the way Assadi is treated and voiced
Secretary-General of the High Council for Human Rights of the Islamic Republic of Iran, one task assigned thereto is to follow up on the
cases of human rights violations and to secure the denied rights of foreign-based Iranian nationals, I, the undersigned, am addressing this
urgent letter to Your Excellency to express my profound concern about the flagrant violations of Mr
Despite enjoying diplomatic immunity, he was unlawfully arrested in July 2018 in the State of Bavaria in Germany on his way back to his
After 101 days in custody, Assadi was extradited to Belgium in October 2018 pursuant to an unlawful ruling issued by the Karlsruhe court,
after which, the Antwerp criminal court illegally sentenced him to twenty years in jail irrespective of diplomatic immunity thereof by
virtue of the 1961 Vienna Convention on Diplomatic Relations
He is currently imprisoned in Belgium.Given the leadership role and the mandate assigned to the High Commissioner for Human Rights in
safeguarding all human rights and following up on the enforcement of international and human rights obligations by the Federal Republic of
Germany and Belgium, I am hereby listing the instances of human rights violations by said States with a view to following up on and securing
Membership of numerous international conventions on human rights and additional protocols as well as membership of the European Convention
on Human Rights requires Germany to enforce provisions set forth therein
agent and members of his family accompanying him shall be accorded inviolability and the entire immunities and privileges set forth therein
for returning to diplomatic post in a third State or transiting a third State to return to their own country
regulations of Article 40, has not only violated the 1961 Vienna Convention, but also it has resulted in illegal denial of freedom and
physical restrictions under tough conditions
Not only is that in conflict with the principles set forth in the UN Charter, but it also amounts to the flagrant violation of the right to
liberty and security stipulated in Article 3 of the Universal Declaration of Human Rights, Article 9 (1) of the International Covenant on
Civil and Political Rights as well as Article 5 of European Convention on Human Rights.Furthermore, the Federal Republic of Germany is a
signatory to the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant
on Civil and Political Rights and the European Convention on Human Rights, whereby respectively Articles 2, 7 and 3 in the said documents
require Germany to refrain from subjecting any person to torture, cruel, inhuman or degrading treatment or punishment
Incarcerating Assadi in a cold and poorly-lighted cell, failure to provide sufficient food and drinking water thereto, holding him in the
section reserved for dangerous criminals, imprisonment in a bunker fitted with CCTV for a period of 28 days, failure to provide sufficient
clothing in conformity with climate conditions, undressing, and improper behavior by police and penitentiary authorities during custody and
extradition to Belgium have altogether subjected the above named to physical and psychological torture and humiliation, in violation of the
Article 2(1), 10 and 26 of the International Covenant on Civil and Political Rights and Article 14 of the European Convention on Human
is a diplomatic agent and contrary to international regulations, he had been held in solitary confinement in a bunker for 28 days; he had
been held in the section reserved for dangerous criminals and denied access to such facilities as TV, exercise equipment and food
recipients, to which other inmates have access.Under any circumstances, the relatives of the detainee should be immediately informed of the
detention and place of detention and be granted right to communication and visitation
flagrant violation of Articles 7 and 10 (1) of the International Covenant on Civil and Political Rights and Article 8 (1) of the European
Convention on Human Rights.I regret to point out that during the 101-day period Assadi was illegally detained, penitentiary authorities
violated the right to freedom of religion and practice thereof under Article 18 of the International Covenant on Civil and Political Rights
and Article 9 of the European Convention on Human Rights, by prohibiting observance of religious rituals and confiscating religious
books.BelgiumSimilar to Germany, Belgium is a signatory to numerous international human rights documents and additional protocols as well as
the European Convention on Human Rights, which should in principle indicate safeguarding and respecting human rights therein
Nonetheless, the fact of the matter is otherwise when it comes to the unlawful detention, trial and imprisonment of Mr
The obligations set forth in the 1961 Vienna Convention on Diplomatic Relations are binding upon Belgium as a signatory thereto, and the
aforesaid, as the diplomatic agent of the Islamic Republic of Iran in Austria, is entitled to the rights provided for in the said Convention
The order for the illegal detention of a diplomatic agent and extradition thereof to Belgium is in full conflict with the principle of
inviolability and diplomatic immunity accorded to diplomatic agents under Article 31 and 40 of the said Convention and also violates the
principles provided for in the UN Charter.The arrest warrant and detention by the court in Belgium lacks any legal standing, thereby
The Belgian judicial authorities have thereby violated the human rights obligations provided in legally-binding Article 9 (1) of the
International Covenant on Civil and Political Rights and Article 5 (1) of the European Convention on Human Rights
Subsequent to the illegal arrest warrant and extradition to Belgium, authorities and officers therein have meted out to Assadi treatments
which are emblematic of an inhumane, unjust, degrading or cruel behavior
Undressing the abovenamed for body search on a weekly basis, non-supply of sanitation needs including toilet, using blindfold and shackles,
facilities and insufficient food, are among treatments amounting to torture and imposition of inhumane, degrading and unjust behaviors and
Cruel, Inhuman or Degrading Treatment or Punishment, Article 7 of the International Covenant on Civil and Political Rights as well as
Article 3 of the European Convention on Human Rights
Analogous to German authorities, Belgian authorities have shown discriminatory behavior towards Assadi despite being a diplomatic agent
Holding him in solitary cell, failure to provide sufficient food and drinking water thereto, using expired plastic vessels, no access to
books or TV channels, denial of fresh air time, physical exercises and family communications are among rights the foregoing person has been
denied although other inmates have been entitled to
Such discriminatory behaviors violate Article 7 of the Universal Declaration of Human Rights, Articles 10 and 26 of the International
Covenant on Civil and Political Rights and Article 14 of the European Convention on Human Rights
Belgium is a signatory to the latest two documents.Prisoners are authorized to communicate with family and friends during regular intervals
and under necessary surveillance
However, penitentiary authorities holding Assadi in Belgium have denied him the right to communicate with children, siblings and other
relatives and mete out highly strict and offensive treatment thereto
Civil and Political Rights and Article 8 of the European Convention on Human Rights.Freedom of thought, conscience and religion should be
the International Covenant on Civil and Political Rights and Article 9 of the European Convention on Human Rights
Confiscation of religious books by the Belgian authorities violates these obligations
The hearing held for the abovenamed by a court in Antwerp is by no means representative of justice as a fair trial is required to comply
Prosecuting a diplomatic agent with immunity runs counter to international law
A court revoking diplomatic immunity is incompetent and cannot be independent and impartial
Therefore, the ruling issued by the Belgian court violates Article 14 of the International Covenant on Civil and Political Rights and
Article 6 of the European Convention on Human Rights
Furthermore, the principle of presumption of innocence has not been considered with regard to Assadi whose conviction rests upon
unsubstantiated grounds.Excellency,The facts pertaining to human rights violations in the case of the aforesaid can be verified simply by
The foregoing person has personally declared these instances of rights violations, receiving no attention from German and Belgian
Excellency undertake all necessary measures to hold the aforementioned States accountable and prevent the continuation of violations and
