Sena Dolar 

 

ISTANBUL - UN Working Group on Arbitrary Detention stated that Iranian women's rights activist Nasibe Şemsai was sentenced to 12 years in prison for her identity as a woman and ordered the Iranian government to pay compensation. Lawyer Kurtuluş Baştimar, who evaluated the decision as a victory, said: "With the decision, Turkey was warned that 'if she is sent back to Iran, it would be a violation of international law'."

 

In Iran, women organized many protests against the compulsory veiling law in 2017. Activist Nasibe Şemsai, a human and women's rights defender, also climbed Iran's highest mountain to protest the mandatory veiling law. Nasibe, who was used as an excuse for participating in the protest, was arrested in 2018. Nasibe, who was tried by the Revolutionary Court and released six months later, was sentenced to 12 years in prison for "insulting sacred values". Nasibe, who had to come to Turkey illegally in 2020 after the decision, was sent to Edirne Repatriation Center (GGM) to be sent back to Iran after her capture. Nasibe, who was held in the GGM for two weeks, was released after her lawyer's application to the United Nations Working Group on Arbitrary Detention.

 

Nasibe's lawyer, Kurtuluş Baştimar, applied to the UN Working Group on Arbitrary Detention on December 14, 2020, on the grounds that the relevant provisions of the International Convention on Political and Civil Rights were violated. On January 13, the United Nations Working Group on Arbitrary Detention gave the governments of Turkey and Iran three months for defense.

The United Nations Working Group on Arbitrary Detention decided on the application regarding Nasibe on June 17.

 

UN ruled that Nasibe’s rights were violated

 

The UN Working Group on Arbitrary Detention has stated that Nasibe's detention in Iran and her arrest without a legal decision is "violation of personal freedom and security", that the blocking of lawyers is "violation of the right to defense and fair trial", and that her detention and arrest for protesting against compulsory veiling is "violation of freedom of thought and expression".

In the decision, it was requested that Iran take the necessary steps and that compensation and other rights be given in accordance with international law.

 

Iran targeted Nasibe over her woman identity

 

One of the remarkable points in the UN decision was that Nasibe was arrested in Iran because of her identity as a woman. Drawing attention to the fact that this situation is a violation of rights, the decision demanded that the Iranian government deprive a full and independent woman of her freedom arbitrarily and to investigate the circumstances surrounding this situation.

 

‘Iran did not defend in time’

 

Lawyer and human rights lawyer Kurtuluş Baştimar, whom we interviewed on the subject, stated that they filed an application for the "violation of international human rights law" for the 12-year prison sentence given by the Iranian government, and for the "violation of international law" for the administrative detention and return proceedings in Turkey.

Stating that after the applications, the UN asked Iran and Turkey to defend themselves against the unfair arrest and punishment, Kurtuluş said that Iran gave a defense after the decision was announced, and that the right to defense was bypassed.

 

Warning from the UN to Turkey

 

Kurtulus said: "This decision is a victory of international law for both Turkey and Iran. With this decision, Turkey was warned that ‘if she is sent back to Iran, it would be a violation of international law’. It was also determined that the legal process she went through in Iran was against international law."