- 5 May 2010
- 5 Comments
- Events in Iran, Human Rights in Iran
Mahmoud Ahmadinejad says that the future of three American hikers detained in Iran since July 31 is up to the courts to decide.
While equating the case of the hikers with those of seven Iranian citizens currently incarcerated in US jails, Ahmadinejad said yesterday that the three will be dealt with according to the judicial system set up under Iran’s laws and constitution.
But the three hikers have been held without charge for over 9 months, in direct violation of Article 32 of the Constitution of the Islamic Republic of Iran, which guarantees that:
No person may be arrested except according to and in the manner laid down in the law. If someone is detained, the subject matter of the charge, with reasons (for bringing it), must immediately be communicated and explained in writing to the accused. Within at most 24 hours the file on the case and preliminary documentation must be referred to the competent legal authority. Legal procedures must be initiated as early as possible. Anyone infringing this principle will be punished in accordance with the law.
And Article 35, which says:
In all courts, both parties to the claim are entitled to select a lawyer for themselves. If they do not have the capacity to do this, the means of a lawyer being appointed to act for them must be made available to them.
ABC’s George Stephanopoulos asked Ahmadinejad in an interview yesterday if the hikers will be allowed access to the outside world and legal representation. Ahmadinejad, whose answers grew increasingly defensive, responded in typical fashion by turning the issue back toward the United States. “If anyone illegally entered U.S. borders, do you think the U.S. Government will let them go freely?” he said.
These three individuals entered our borders illegally. They have confessed to that. They crossed our border. Now, they’re being handled by our judicial system and the judicial system will review their crimes according to the law. We have laws. There’s a due process of law that is being observed.
But the reality simply does not fit with the picture Ahmadinejad is painting. Nine months of incarceration without formal charge. The three have not been allowed access to their lawyer. International observers have had limited access, and questions remain about the health of the three Americans in detention.