Addendum to Kokabee Letters

Information on specific violations from Saeed Khalili, Omid Kokabee’s lawyer

• Kokabee suffered illegal detention while his ruling was determined through bail – however, the judicial officials did not accept the bail offer.
• No evidence was presented against Kokabee in a trial with over a dozen other defendants in a very short trial, under 20 minutes.
• Kokabee’s rights were violated by Iranian officials through calling him to the trial court accompanied with some of accused inmates to espionage for Israel. This issue indicated that the prisoner had possible connections with the mentioned group because the national TV reported the the court’s news in a manner that the viewer would induce he is associated.
• Kokabee was deprived access to the lawyer’s service during the legal proceedings
• Kokabee’s family was pressured to convince him to cooperate with the government’s special needs in the field of nuclear enrichment.
• Kokabee’s advocate lawyer was not notified of the final verdict which prevented of filling the second appellate request on time.
• Kokabee was banned from the right to the usual permission for medical care and visiting the family outside of bars. Specifically, Kokabee’s prison doctor diagnosed him with kidney stones but he was refused further care and diagnostic measures.

International Covenant on Civil and Political Rights

Omid’s arrest violates following articles

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;  Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons; 

   (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

Universal Declaration of Human Rights

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

1. Everyone has the right to freedom of movement and residence within the borders of each state.
2. Everyone has the right to leave any country, including his own, and to return to his country.