The Law Enabled This, Not Leniency

Iran's government surprised its people and the world last week when it released 11 political prisoners, a gesture remarked upon in the West as a sign of President Hassan Rouhani's attention to human rights and intention of fulfilling electoral promises. But Shirin Ebadi, the 2003 Nobel Peace Laureate, says the release should not be viewed as an official pardon, but a legal outcome made possible under Iranian law by virtue of their having served more than half of their sentences. In an interview with IranWire, Ebadi notes that the prisoners had never even sought pardons and that numerous political prisoners still remain in custody.

What do you think motivated the government to release these political prisoners?

The release of Mrs. Sotoudeh and several other political prisoners took place as a result of both political pressure created by public opinion and proper implementation of the law. Most of those released had served more than half of their prison sentences, and according to law, they should have been released. I am very happy to see my esteemed colleague released. But I also have some questions of the judiciary. On what basis did you throw a lawyer in prison for more than three years merely because she defended her clients? Now that you released these prisoners, you must also release the lawyers who defended these political prisoners and went to prison merely because they defended their clients. Mr. Abdolfattah Soltani and Mr. Mohammad Seifzadeh, and several other lawyers, including Mr. Mostafa Daneshjoo remain in prison.

What about other political prisoners?

All political prisoners, especially those prisoners who are sick, or university students such as Bahareh Hedayat, Majid Tavakoli, Zia Nabavi, and Majid Dorri, who remain prison for their simple criticism of Mr. Ahmadinejad's policies must be released. The wrong-mindedness of Mr. Ahmadinejad's policies are now clear to everyone and the issue has been discussed over and over again in parliament. How is it that individuals who criticized him are still in prison? These are issues that the judiciary must address and considering the innocence of these prisoners, they should be let go.

What do you make of the coincidence in the timing of these releases and President Rouhani's trip to New York?

When Mr. Rouhani comes to the UN, it is only natural that reporters, as well as American public opinion, will ask him why a prominent lawyer such as Ms. Sotoudeh is in prison merely for defending the rights of her clients. We must not forget that Ms. Sotoudeh is also a PEN Award winner. I believe that in order for Mr. Rouhani to have a logical answer to these types of questions, the law was carried out in the case of these prisoners. I find it necessary to say something about some announcements on state websites and newspapers that claimed these students were pardoned. The individuals who were released, such as Ms. Sotoudeh, never asked for a pardon because they considered themselves innocent. They were released conditionally, because they had served more than half of their sentences.

Is it customary or are there precedents of prisoners being released without any administrative proceedings?

Ms. Sotoudeh had requested a furlough of a few days so that she could be with her young son when he starts first grade this year. On the day she was released, the Head Warden told her, "You are free. Don't come back." They didn't give her any letters, they only told her verbally that she is free. This is not customary in Iran, but because it led to the release of an innocent lawyer, we welcome this unusual method.

But you think that the release of these individuals was permissible by law?

The individuals who were released had served half of their sentences and should have been released according to law, notwithstanding the fact that they are fundamentally innocent. There are some other prisoners who have served half of their sentences, and who should have been released, but were not released.  I hope that soon we are able to witness the release of all political prisoners and defenders of human rights.

Do you see this as a trend or an accident?

In an optimistic view, I see it as obeying the law. I mean [our] people who are angry with the state forces' illegal activities spoke their minds at the ballot boxes. The least the regime can do to calm public opinion is to respect its own laws.

Do you think this trend can also include the opposition leaders who are still under house arrive, Mr. Mousavi, Mr. Karroubi and Ms. Rahnavard?

The conditions for Mr. Mousavi, Mr. Karroubi, and Ms. Rahnavard are even worse than all of the other political prisoners, because they have been in prison without being informed of their charges and without due judicial process for more than two years. The regime has lied several times and announced that they are staying at their own houses, and that they have assigned security guards to them in order to prevent people from attacking them. This is a complete lie, because they are not staying at their own houses.

Mr. Karroubi's family has demanded that he be transferred to his own home. Right now Mr. Karroubi is in custody inside an Intelligence Ministry "safe house," and Mr. Mousavi and Ms. Rahnavard are prisoners inside a room and security forces are set up in the other rooms. These people lack even the scant rights the other prisoners have. Mousavi and Karroubi's health has deteriorated because they do not have access to fresh air, and they have developed physical problems as a result. They must be released as soon as possible and if the government considers them guilty, they must hold public trials as soon as possible, where domestic and international reporters can be present, their charges are announced, and they are given a chance to defend themselves.