Mohammad Habibi’s Case Enters Appellate Stage: a Review of the Stakes

Human Rights Activists News Agency (HRANA)- The case of imprisoned teacher Mohammad Habibi—which recently inspired more than 1400 civil and union activists to write to Iran’s Supreme leader demanding that he receive medical treatment—will be reviewed in Branch 36 of the Tehran Appeals Court, presided by Judge Seyed Ahmad Zargar. Habibi’s attorney Hossein Taj told a correspondent from the state-run news agency IRNA on Monday, September 17th that a date for the hearing has yet to be set.

If all goes according to Taj’s hopes, Branch 36 will at best exonerate him, and at worst put him behind bars for seven and a half years. The precarity lies with Article 134 of the Islamic Penal Code, which in theory protects defendants from serving the sum of multiple sentences, but is not applied consistently in practice.

Cumulatively, Habibi’s charges would carry a sentence of ten years: seven and a half years for “National-Security Related Crimes”, 18 months for “Propaganda Against the Regime”, and another 18 months for “Disrupting Public Order.” In addition to prison terms, he was dealt a two-year ban from political and civic activities, a two-year travel ban, and 74 lashings.

Under Article 134, Habibi’s sentence, if upheld, would put him behind bars for a maximum of seven and a half years, i.e. the heaviest one of his three sentences. But Taj, his attorney, remains on guard: the Article 134 rights of imprisoned teacher Esmaeil Abdi, who is also on Taj’s client list, have not been honored: “…Abdi was sentenced to six years’ imprisonment, which by Article 134 should have been five,” Taj explained.

Taj elaborated that Abdi has also been denied both medical care and conditional release from prison, a privilege for which he became eligible after serving half of his sentence. “We have re-submitted my client’s conditional release request, and it is under review,” the lawyer said.

A former teacher of mathematics and Teachers’ Union General Secretary, Abdi has been in prison since November 2016 on charges of “Propaganda Against the Regime” and “Collusion Against National Security.” Habibi, a union activist and member of the Teachers’ Union Association Board of Directors in Tehran province, was arrested amid May 2018 rallies that were staged in observance of a national teachers’ holiday.

Habibi’s case–particularly his own compromised medical condition–recently drew the support of teacher organizations abroad. In a letter addressed to Ayatollah Ali Khamenei, the French trade unions SFDT, SGT, FSO, Solidaires, and UNSA held the Supreme Leader accountable for Habibi’s fate, and called his imprisonment a violation of both human rights and the fundamental freedoms of syndicates.

“Prison authorities continue to refuse him the medical treatment he sorely needs. Without proper care, his condition is at risk of rapid decline,” their letter reads. “We mean to impress upon you that as the Supreme Leader of the Islamic Republic of Iran, you are responsible for the life and health of Mohammad Habibi.”

On the one occasion Habibi’s medical leave was granted, according to HRANA reports, he was released from Great Tehran Penitentiary to a hospital that dismissed him without treatment. He was then transferred to Evin Prison on Monday, September 3, 2018, and has remained there since.

According to a letter from his HR office, Mohammad Habibi is no longer receiving his salary.

At Home and Abroad, Civil and Union Activists Continue to Rally Behind Detained Teacher Mohammad Habibi

Human Rights Activists News Agency (HRANA)- In the interest of obtaining Mohammad Habibi’s medical treatment and release from detainment, over 1400 Iranian civil and union activists have signed a letter to the attention Iran’s Supreme Leader, as his case steadily gains exposure with syndicates abroad.

Habibi, himself a union activist, educator, and member of the Teachers’ Union Association Board of Directors in the Province of Tehran, is currently serving a 10-year prison sentence ruled Saturday, August 4th in Branch 26 of Tehran Revolutionary Court. In addition to prison time, Habibi’s sentence included a two-years ban on civic activity, a two-year travel ban, and 74 lashings.

Since his detainment, Habibi’s requests for medical furlough have been repeatedly denied. On the one occasion his leave was granted, he was released from Great Tehran Penitentiary, prematurely dismissed from the hospital without receiving treatment, and then transferred to Evin on Monday, September 3, 2018, where he has remained since.

In one letter addressed to Ayatollah Ali Khamenei, the French trade unions SFDT, SGT, FSO, Solidaires, and UNSA called Habibi’s imprisonment a violation of both human rights and the fundamental freedoms of syndicates, and held the Supreme Leader accountable for his fate.

“Prison authorities continue to refuse him the medical treatment he sorely needs. Without proper care, his condition is at risk of rapid decline,” their letter reads. “We mean to impress upon you that as the Supreme Leader of the Islamic Republic of Iran, you are responsible for the life and health of Mohammad Habibi.”

The signatories of the Iranian letter below are currently at 1400 and steadily increasing. Its full text is below, translated into English by HRANA:

“The Noble People of Iran,
Dear Teachers,
Political, Civil, and Union Activists,
Sensible people of the world,

As you know, Mohammad Habibi — member of the board of directors of the Teachers’ Union Association of the Province of Tehran, and protector of the rights of students, retired educators, and currently working teachers– has been subjected to the hostility of authorities and unlawfully detained in the Great Tehran Penitentiary, weakened in body but vigorous in spirit, and was recently sentenced to ten and a half years in prison, a 2-year travel ban, and a 2-year ban on civic activity.

The verdict against this unionist, coupled with the sentences of fellow unionists and political and civil activists, betrays the will to choke freedom of speech with medieval punishments such as lashings, exile, and internment in prisons reminiscent of POW detainment centers– so many efforts to inject fear and trepidation into the civil activist’s drive for justice.

Habibi’s verdict is reminiscent of the heavy sentences imposed on student activists and of the lashes inflicted on Agh Tappeh mine workers, sentences that are the latent dread of every civic society.

These sentences are issued for teachers, workers, students, etc… meanwhile, the thieves, the embezzlers, and the corrupt, in comfort and security, violate and withhold the rights of ordinary people and laborers, continuously lowering the bar on their livelihood.

It is our human duty in such circumstances to raise our collective voice against these cruel punishments, in order to put an end to the imprisonment, flogging, and persecution of sick prisoners.

To intercept a looming human tragedy, the Defense Committee of Mohammad Habibi calls for his immediate medical admission, and with a greater sense of solidarity than ever before will continue to fight for his release as well as the release of other imprisoned teachers.

We call on all free and righteous people to protest the imprisonment and flogging of Mohammad Habibi, and that of other unionists and civil activists, starting with their signature on the “No to Prison and Flogging” petition. Hopefully, this year, Mohammad Habibi’s students will see him again in the classroom, and not behind the bars of a prison.”

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On May 10, 2018, the Council for Coordination of Teaching Syndicates urged teachers, be they retired or employed, to assemble in protest across the country. In Tehran, several of those who responded to the call were arrested and transferred to Evin Prison; all but Habibi were released on bail three days later.

Mohammad was previously arrested at his workplace on March 3, 2018 and jailed for 44 days in Evin Prison. On April 15, 2018, he was released on a bail of approximately $20000 USD (2.5 Billion Rials) in wait of his trial the following August.

Teacher Mohammad Habibi Transferred to Evin Prison

Human Rights Activists News Agency (HRANA) – Amid hopes that ailing prisoner Mohammad Habibi would be released for medical treatment, he was instead transferred from the Great Tehran Penitentiary to the Quarantine Ward of Evin Prison on Monday, September 3, 2018.

Despite suffering from a kidney condition, the union activist and member of the board of directors of the Teachers’ Union Association of the Province of Tehran was previously denied care on a prior release to the hospital.

A source close to Habibi’s family confirmed news of the Evin transfer to HRANA, adding that Habibi had updated his family on the phone and told them of a pending transfer from the Quarantine Ward to the General Ward, scheduled for Tuesday.

The source detailed Habibi’s difficulties thus far in getting adequate care. “According to a letter from a supervisory court official dated July 8 of this year, Habibi was to receive urgent medical attention. However, for unknown reasons, this letter was never delivered to Habibi. He only saw the letter ten days ago while seeking care at the internal clinic of Great Tehran Penitentiary, at which point he discussed it with officials and was transferred to Imam Khomeini Hospital.

In absence of a practicing nephrologist at Imam Khomeini Hospital, Habibi was examined by a general practitioner who recommended immediate admission for specialized testing and possible surgery. Though eight days have passed since this exam, authorities have yet to follow up on the recommendation, as his family grows ever more concerned about his health.

On August 4, 2018, Mohammad Habibi’s attorney Amir Raeisiyan reported that his client was sentenced to ten and a half years’ imprisonment, despite the fact that the maximum cumulative prison sentence for all of Habibi’s charges would be seven and a half years. At that time Habibi was subjected to the additional penalties of 74 lashings, a two-year ban on civic activities, and a two-year travel ban.

Prior to this, in separate open letters and press releases, the International Trade Union Confederation, the Council for Coordination of Teaching Syndicates, 6,500 teachers and civil society activists, and over 100 educators — all alumni of Shahid Rajai University– demanded his immediate release, and that attention is paid to his medical condition.

Habibi was previously arrested at his place of employment on March 3, 2018, and jailed for 44 days. On April 15, 2018, he was released on a bail of approximately $50,000 USD.

On May 10, 2018, the Council for Coordination of Teaching Syndicates urged teachers, be they retired or employed, to assemble in protest across the country. In Tehran, several of those who responded to the call were arrested and transferred to Evin Prison; all but Habibi were released on bail three days later.

Mohammad Habibi has remained in custody since, and according to a letter from his HR office, is no longer receiving his salary.

Mohammad Habibi Returns to Prison from Hospital without Adequate Medical Care

Human Rights Activists News Agency (HRANA) – On Sunday, August 26, 2018, Mohammad Habibi’s medical leave from prison was cut short when he was returned to detention before receiving adequate care.

The union activist and member of the board of directors of the Teachers’ Union Association of the Province of Tehran was being treated at Imam Khomeini Hospital. He was recently sentenced to a ten-year prison term and 74 lashings.

Sedigheh Pakzamir, a close associate of Habibi, stated in an online post that it took 45 days for prison authorities to act on the order for Habibi to be transferred to an outside medical clinic. When they finally carried out the order — which stipulates that Habibi receive medical attention — he was returned to the prison without receiving any.

Pakzamir added that Habibi is symptomatic for lung and urinary tract infections. As such, the doctor recommended he undergo a battery of specialized medical tests, including a sonography, on Monday.

Fatemeh Saeidi, Member of Iran’s Parliament (representing Tehran) and of the Parliament’s Education and Research Commission, previously stated that Habibi was being held in a ward housing violent criminals, and that a letter outlining his predicament containing a request for his sentence to be reduced was signed by a number of Parliament representatives and addressed to the head of the Judiciary.

On August 4, 2018, Habibi’s attorney Amir Raeisiyan reported that his client was sentenced to ten and a half years’ imprisonment. Given that the maximum cumulative prison sentence for all of Habibi’s charges would be seven and a half years, he cannot be required to serve longer. Habibi was subjected to the additional penalties of 74 lashings, a two-year ban on civic activities, and a two-year travel ban.

Prior to this, the International Trade Union Confederation issued a letter to the Islamic Republic in objection to Habibi’s heavy sentence, demanding his immediate and unconditional release. Education International, a teachers’ union federation, has also protested the verdict and demanded Habibi’s release.

In a statement, the Council for Coordination of Teaching Syndicates protested Habibi’s sentence, calling it a litmus test for the justice meted by the Iranian Judiciary. This council demanded the immediate and unconditional release of Habibi, stating, “It is as if the judge intended with his verdict to put society on guard, sending the message that if you pursue justice, you will face prison and lashings.”

On July 16, 2018, over 100 teachers, all alumni of Shahid Rajai University, met with a Mr. Abdi, the Minister of Education’s advisor in Union Affairs, and delivered him a letter in defense of Mohammad Habibi. In the letter, the signatories expressed “great concerns regarding Mr. Habibi’s health”, and requested he be transferred to Evin Prison in accordance with his charges. It also implored the Ministry of Education to pursue the demands of the letter to the furthest degree possible, and to keep the signatories and Habibi’s family abreast of their findings.

A letter signed by 6,500 teachers and civil society activists demanding the release of Mohammad Habibi was delivered to Iranian Parliament on July 25, 2018.

On May 10, 2018, the Council for Coordination of Teaching Syndicates urged teachers, be they retired or employed, to assemble in protest across the country. In Tehran, several of those who responded to the call were arrested and transferred to Evin Prison; all but Mr. Habibi were released on bail three days later.
Mohammad Habibi was previously arrested at his place of employment on March 3, 2018 and jailed for 44 days. On April 15, 2018, he was released on a bail of approximately $50,000 USD.

Mohammad Habibi is currently imprisoned in Tehran’s Evin Prison, and according to a letter from his HR office, is no longer receiving his salary.

Council for Coordination of Teaching Syndicates in Uproar over Arrest of Mohammad Habibi

Human Rights Activists News Agency (HRANA) – The Council for Coordination of Teaching Syndicates (The Council here forth) has issued a statement protesting the sentence imposed on Mohammad Habibi, a teacher’s union activist. The Council has cited the verdict as an example on which to evaluate judicial fairness in Iran. The Council has also demanded the immediate and unconditional release of Mr Habibi, adding: “The judge’s ulterior motive in this verdict is to send a warning to society: if you pursue justice, you will face prison and lashings.”

The full text of the statement has been translated to English by HRANA:

Ninety days have passed since the unlawful and violent arrest of Mr Mohammad Habibi, a member of the board of directors of the Teachers’ Union Association of the Province of Tehran. The arrest has appalled teachers and society at large, and the move is widely condemned by conscientious people after another.

Each element of Mr Habibi’s story, from the way he was arrested on May 10th to the legal process he went through and location in which he was detained, is evidence of an extrajudicial will to impose on this jailed teacher an unlawful ordeal. The denial of his bail, as well as the request from the IRGC Intelligence unit to unlawfully transfer him to Tehran, demonstrate a lack of due process and an infringement on the rights of the accused. Sadly, his story doesn’t end there. Mr Habibi was also denied urgently necessary medical attention. Coupled with the deplorable conditions of the Great Tehran Penitentiary, such negligence could end in tragedy if the status quo persists.

Based on reliable information obtained by the Council, the family of Mr Habibi has stopped at nothing to fight for his rights. They have pursued his case by writing letters and visiting with officials in person. Thanks to their efforts, it can be said with certainty that authorities on the highest level are aware of the appalling situation Mr Mohammad Habibi is in. They know of the distress that Mr Habibi’s ordeal has inflicted on the Iranian teaching community. Nevertheless, in an unprecedented and unjust verdict from Judge Ahmadizadeh who presides over Branch 26 of the [Tehran] Revolutionary Court, Habibi was sentenced to ten and a half years in prison, two years’ ban on his social activities, a two-year travel ban, and to crack down even harder, 74 lashings.

It is as if the judge intended with his verdict to put society on guard, sending the message that if you pursue justice, you will face prison and lashings. It is as if the judge sought to say to those oppressed, frustrated, and fed-up with corruption and rising prices, that authorities won’t lay a hand on thieves or embezzlers, and seek only to imprison people, especially teachers, who fight for freedom and justice.

In our view, these due process violations are so stark that an investigation into Mohammad Habibi’s ordeal could provide a clear measure of the judiciary’s integrity.

Therefore, we ask independent jurists and legal experts to investigate this matter so that the Judiciary might respond to the teachers’ inquiries and concerns:

We would like to know on what basis the agents [who came to arrest Mr Habibi] put a gun to his head while handcuffing him?

We would like to know what or who allowed plainclothes agents to drag Mohammad Habibi on the pavement after beating him?

We would like to know on what basis and how the investigators first set the bail, only to deny it later and send the case to the court?

We would like to know why the judge denied the bail and returned Mr Habibi to the Great Tehran Penitentiary?

We would like to know why Mohammad Habibi was not transferred outside of the prison for medical attention, despite the coroner’s confirmation that he needed care?

These are the unanswered questions that have preoccupied most of our minds.

Our last question is, why and how can a judge increase a punishment already imposed? The maximum penalty for collusion is five years in prison; for propaganda against the regime, one year; and one year for disturbing the public peace. The judge did not adhere to these maximums, and instead extended Habibi’s prison sentence from one and a half to ten and a half years, even though the maximum punishment for all of the charges against him could only amount to seven and a half years.

How odd a degree of hostility and rancor for those who are responsible for the education of our children.

The Council adamantly condemns the sentence of Mr Habibi and demands his immediate release until his case is heard by an appeals court. The teaching community does not abide charges against jailed activists and requests exoneration of Mr Habibi by an appeals court. We believe that the imprisonment of union activists is the epitome of treating civic activities as security threats. In a political climate like this one, with teachers confined to prison, it is futile to speak of solving education problems. Consequently, union activists, with their imprisoned colleagues in mind, will start this school year in a new, different way.

The Council for Coordination of Teaching Syndicates
August 7, 2018

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In mid-July, a group of teachers met with the Minister of Education’s advisor in Union Affairs and delivered a letter in defense of Mohammad Habibi. In the letter, the signatories expressed concerns about Mr Habibi’s health and asked for his transfer to Evin Prison.

In June, a letter signed by 6,500 teachers and civil activists demanding the release of Mr Habibi was delivered to the Iranian Parliament.

On May 10, 2018, the Council urged teachers to assemble in protest. In Tehran, several of those who responded to the call were arrested and transferred to Evin Prison, and all but Mr Habibi were released on bail three days later.

Mohammad Habibi was previously arrested and jailed for 44 days in March 2018 and was released on a bail of approximately $50,000 USD.

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