February 7, 2008

Ms. Louise Arbour

United Nations High Commissioner for Human Rights

Palais Wilson
52 rue des Pâquis
CH-1201 Geneva, Switzerland 

RE: Mahmoud Salehi

Dear Ms. Louise Arbour;

On January 28, 2008, my spouse, Mahmoud Salehi, a well-known labour activist and political prisoner, was taken to the government’s medical examiner for the second time in recent months. It seemed that it had been decided that doctors, including the hearth and kidney specialists, at the Tohid hospital in city of Sanandaj, were going to make formal recommendations regarding Mahmoud’s health. These physicians have reported a number of times that Mahmoud’s only kidney is losing its functions and that has caused asthma, hearth problems, fluctuating blood pressure, dizziness, vessel clogging and the clogging of the hearth’s vessel, extreme weakness or fatigue, kidney inflammation, and many other dangerous side-effects. As a result, he requires immediate treatment. Thus they think he should stay in hospital.

My husband has been imprisoned because of his efforts to organize an independent May Day event. This is totally unjust. A big campaign, which I am a part of as well, have been actively advocating that organizing an independent Labour Day is a basic right and the authorities should not keep Mahmoud in prison. However, all our efforts and that of international labour and human rights organizations have not changed the decision of the judiciary authorities and my partner is still in prison. Therefore, we all were hoping that the official medical examiners would check him up in an objective and professional manner, according to Boghrat Oath (ethical code for physicians), and would confirm other doctors’ recommendations and recommend his release from hospital due to his serious health conditions. But that was a false hope. The official medical examiners are employees of the state and a part of the judiciary and security system of the government. Consequently, they denied all other doctors’ recommendation and decided that Mahmoud should stay in prison because they think he is not in life threatening situation.

I contacted these medical examiners and protested their decisions. I reminded them that not only the physicians at the Tohid Hospital but also the prison’s doctors have reported that Mahmoud’s situation is very serious. They, despite having all these reports, responded that the advise of other physicians are not important to them. I asked them how I could formally appeal their decision. The chief medical examiner, who knows well they are protected by the judiciary system, told me that I could go to the court. Thus he indicated that his office does not have any appeal system.  I approached the Deputy Prosecutor. He spoke with me as if he was a medical doctor, confirming the medical examiner’s decision and adding that doctors in Tohid hospital made a mistake by transferring Mahmoud to the CCU section of the hospital. He also added that no one has ever filed a complaint against the government’s medical examiners. He basically suggested that filing a complaint are not going to go, anywhere otherwise others would have done it in the past 28 years. He also unsuccessfully wanted to prevent me from going to the judiciary. At the judiciary, once again, it was proved to me that there is no one there to be concerned and that no wonder the medical examiner was so confident any complaints against them would be futile.  Therefore instead of launching a complaint, I asked the Deputy Prosecutor to allow a temporary leave for Mahmoud according to their regulations. He responded that my husband is a security prisoner and is not entitled to any prison leave. The term “security prisoner” is used in Iran for political prisoners.

Now, through this letter, I am asking you, based on the universal human rights, to call for the immediate freedom of my husband, Mahmoud Salehi; or, as a minimum, please pressure Iranian authorities to allow a specialist and ethical and independent examination of Mahmoud’s health. At the above mentioned offices, doctors are acting as prison guards and prison guards as doctors. Given such unjust situation, the human rights of my husband, me and my children will not be realised unless there are more protests.

I thank you in advance for your cooperation.

Najibeh Salehzadeh

cc:

The United Nations Human Rights Council

Amnesty International (AI);

International Committee of the Red Cross;

Médecins Sans Frontières (MSF) (Doctors Without Borders)

International Trade Union Confederation (ITUC)

Other relevant labour and human rights organizations