The full text of the letter follows:
H.E. Michelle Bachelet,
The United Nations High Commissioner for Human Rights
Excellency,
In my capacity as the Secretary General of the High Council for Human Rights, one task assigned thereto is to follow up on the cases of human rights violations and to secure the denied rights of foreign-based Iranian nationals, I, the undersigned, am addressing this urgent letter to Your Excellency to express my profound concern about the flagrant violations of human rights committed against Hamid Nouri, an Iranian national, by the Kingdom of Sweden.
Unlawfully arrested by the Swedish police on 10 November 2019, the abovenamed is currently languishing behind bars in solitary confinement.
Sweden is a signatory to the 1961 Vienna Convention on Diplomatic Relations, a number of international human rights instruments and protocols thereto, as well as the European Convention on Human Rights. Membership of the aforementioned instruments must basically indicate Sweden’s proper protection and respect for human rights therein; however, the truth of the matter appertaining to the foregoing person’s arbitrary arrest and illegal trial is quite the contrary.
Merely resting on false statements and hallucinatory memories of several Munafiqeen terrorists, the arrest warrant against Nouri has been issued by the Swedish prosecutor in the absence of a thorough and exhaustive investigation. Therefore, the Swedish authorities have violated the principle of presumption of innocence and the right to freedom of movement of the Iranian national in question. It took 21 months from the arrest thereof to the completion of the so-called investigation which led to presentation of indictment thereagainst on 27 July 2021. The Iranian citizen has been languishing in a solitary cell during the said period, which is emblematic of the arbitrary arrest without legitimate and documented reasons.
On the strength of Article 36 of the Vienna Convention, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner.
Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. Consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. However, facts on the ground are indicative of the violation of the rights enumerated hereinabove by the Swedish judicial authorities.
Regretfully, the Swedish Government has neither fulfilled its responsibility under the Vienna Convention to inform the Embassy of the Islamic Republic of Iran in Stockholm about the arrest, nor has it notified the forgoing person’s family. During the 2-year detention period and despite the fact that his family had traveled to Sweden twice, the Swedish authorities did not allow them to meet the unlawfully arrested Iranian national.
Excellency,
The right to liberty and security of person is one of the fundamental human rights guaranteed under Article 3 of the Universal Declaration of Human Rights, Article 9 (1) of the International Covenant on Civil and Political Rights, and Article 5 of the European Convention on Human Rights. Obligated to respect the said right, the Swedish authorities have illegally arrested Nouri and grossly violated the right thereof to liberty and security in the absence of any reason, legal basis or without prior summons whatsoever. Is the 32-month unlawful detention in solitary confinement sensible, necessary and in compliance with the aforesaid obligations?
In addition, the Kingdom of Sweden is a signatory to the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, and the European Convention on Human Rights, whereby respectively Articles 2, 7 and 3 of the aforesaid international and regional legal instruments require Sweden to refrain from subjecting any person to torture, cruel, inhumane or degrading treatment or punishment.
Incarcerating Nouri in a solitary cell for a period of more than 32 months even after restrictions introduced thereon were lifted by the court, refusal to grant him access to an ophthalmologist ever since his arrest, severe assault by police officers, and undressing especially before female officers have altogether subjected the abovenamed to physical and psychological torture and humiliation, in violation of the rights set forth in the forgoing instruments.
The Swedish judiciary’s proceedings against Nouri can under no circumstances whatsoever be described as fair. A fair trial shall in fact be in accordance with the law, the detention of the accused shall not be arbitrary, the court shall be competent, independent and impartial, the proceedings shall be conducted within a reasonable time, and the principle of presumption of innocence shall be assumed by the court.
Is the arrest and unlawful holding of Nouri for 32 months based upon merely false and contradictory complaints and statements churned out by Munafiqeen terrorists who have assassinated 17,000 innocent civilians, independent, impartial and in line with the principle of presumption of innocence? The answer to this question is negative. It is clear that the Swedish judicial authorities violate Article 14 of the International Covenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights.
Excellency,
Facts pertaining to the human rights violations committed against Nouri are easily accessible in and can be simply verified by consulting media. The forgoing person has personally declared these instances of rights violations, but to no avail as the Kingdom of Sweden has hitherto remained indifference thereto. The aforesaid has posted an audio file on 24 June 2022 in which he urges for help as part of the latest attempts to seek justice.
In witness whereof, on account of Your Excellency’s duty to protect all human rights and follow up on implementation of the international and human rights commitments of the Kingdom of Sweden, I demand that Your Excellency undertake all necessary measures to hold Sweden accountable, prevent the continuation of violations, secure the release of the forgoing person, compensate for spiritual and material damage inflicted thereon, and inform the High Council for Human Rights of the Islamic Republic of Iran of measures undertaken to that effect.
Kazem Gharibabadi
Secretary General
The High Council for Human Rights