Haft Tapeh Workers on Trial

The following Haft Tapeh Workers were scheduled for a trial on Tuesday, February 17, 2009. Only two of these workers were questioned by the presiding judge during this trial (see the interview below). Their trial will resume on Monday, February 23, 2009.

- Ali Nejati, president of the Board of Director of the Syndicate,

- Feridoun Nikoufard, the Vice-President of the Board of Director;

- Mohammad Heydari Mehr, representative on industry affairs;

- Ghorban Alipour, Secretary

- Jalil Ahmadi, member of the Syndicate’s Board of Directors

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For more information, contact [email protected] or [email protected]

International Alliance in Support of Workers in Iran (IASWI)

www.workers-iran.org

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The Association of Human Rights Activists: An Interview on Laborers of Haft Tapeh Legal Case with Mohammad Olyaifar

Wednesday, February 18, 2009

The court considering the case of labor union leaders of Sugarcane Harvest and Industry Company (SHIC) convened yesterday. The Association of Human Rights Activists held an interview with Mr. Mohammad Olyaifar, the defense attorney for the labor leaders. Excerpts of that interview are provided in this report:

Mr. Olyaifar, please provide us with a detailed account of yesterday's court session, which was the third of its kind examining the complaints and strikes of SHIC laborers of Haft Tapeh.

Yesterday's court session convened with a two hour delay at 11:00 AM. The judge decided to individually consider the cases of the labor union leaders of SHIC. I accompanied the first defendant, Mr. Nejati, to the court and, upon arrival, presented my objection that the prosecutor's representative was not present. The judge accepted my objection and, subsequently, the prosecutor's representative arrived, and the court session officially started. I then submitted my objection that the allegations were vague and did not follow legal frameworks, which would make the work of defense virtually impossible. After much discussion with the judge, he did not agree to alter or revise the incomplete nature of the allegations. Therefore, I had to defend my client on the allegations of "propaganda against the government" and the seven elements associated with this charge, which do not apply in the case of my clients. It was my understanding that the case would close yesterday and the judge would initiate the votes. However, the legal discussions that preceded the defense and disagreements on the nature of the charges and the limited time led to rescheduling of the court to the following week, when the cases of my other four clients will also be examined.

Why do you think such confrontations are occurring with social activists? Why do they resort to pressing such vague charges against the activists?

In the case of civil or labor activists, generally the government's approach has been ideological and not in line with legal regulations and framework. The issue of strike is considered a right in international labor covenants. Filing complaints regarding pay raise or delayed compensation for laborers should naturally follow negotiations of labor leaders, the employer, and government representatives. However, in Iran, any such strikes or complaints are viewed as national security issues and invite the attention of the Ministry of Intelligence, security forces, and the Revolutionary Court.

How do you foresee the course of this case?

If the judge is not influenced and biased by the mounting reports provided by the national security and intelligence forces and solely considers this case from a legal viewpoint in line with legal deductive reasoning and justice, there would be a high chance that he would acquit my clients of all charges. However, if he chooses to forgo his objectivity and does not critically examine the file and is influences by the reports of the Ministry of Intelligence, conviction of my clients will not be unexpected.

http://hra-iran.net/index.php?option=com_content&view=article&id=540:524&catid=66:304&Itemid=293

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