Kurdistan International Petition & Fundraising Platform
This petition urgently calls attention to the imminent and unjust deportation of Raman Nesirzade, a prominent social media activist and critic of the Iranian regime, who faces grave risks upon return to Kurdistan occupied by Iran. We implore for immediate intervention to prevent a potential human rights violation.
The Imperative Case of Raman Nasirizadeh: A Legal Examination of Peril
Mr. Raman Nasirizadeh, a renowned Kurdish digital activist and influencer hailing from Marivan in Kurdistan (territory presently occupied by the Islamic Republic of Iran), is presently confronted with a legal predicament of significant gravity: the potential involuntary repatriation to a jurisdiction wherein, due to his overt critiques of governmental policies, his fundamental rights to life and liberty stand imperiled.
Having amassed a considerable digital audience over the years, Mr. Nasirizadeh has utilized his platforms to scrutinize, document, and challenge manifest human rights transgressions committed by the Iranian regime. A plethora of digital evidence, including videos and editorial content critically appraising the Iranian administration, underscore the pronounced risk he would be exposed to upon any potential return.
Five years prior, Mr. Nasirizadeh, in an exercise of his international rights, sought asylum in the Kingdom of Denmark, premised on the legitimate expectation that said state, with its robust human rights jurisprudence, would extend requisite protections against the threats that overshadowed his existence in his native territory. Regrettably, his recent civil engagement, notably his participation in a demonstration outside the Embassy of the Islamic Republic of Iran in Denmark – an act documented extensively by the Hengaw Organization For Human Rights – has accentuated the exigent threat of deportation, thereby magnifying the legal and humanitarian quandaries intrinsic to his situation.
In light of the foregoing, it becomes judicious to rigorously evaluate the legal, ethical, and humanitarian implications underpinning any prospective decisions or actions vis-à-vis Mr. Nasirizadeh. The Kingdom of Denmark, as a signatory to various international human rights instruments, bears a non-derogable duty to ensure the safety and well-being of individuals like Mr. Nasirizadeh, who, in seeking refuge within its sovereign territory, trust in the nation’s adherence to established legal principles and conventions. The confluence of his pronounced digital activism, coupled with tangible civil engagement, renders Mr. Nasirizadeh’s predicament particularly acute and his potential repatriation to Iranian jurisdiction manifestly perilous.
Human Rights Violations in Iranian-Occupied Kurdistan: A Legal Overview
The situation in Kurdistan, currently under Iranian occupation, has significantly deteriorated, particularly post the inception of the Jina revolution on September 16, 2022. The Hengaw Organization for Human Rights, through diligent documentation, presents an alarming testament to the systematic violations against the Kurdish people.
A. Unlawful Killings and Violent Suppressions:
Per Hengaw’s data as of March 11, 2023:
1. Fatalities: From the outset of the Jina revolution, there have been a recorded 134 deaths of Kurdish citizens. These deaths are attributable to the actions of government forces, raising serious concerns over potential extrajudicial killings.
2. Targeted Assaults: 21 individuals, including members of Kurdish parties and an ordinary citizen of the Kurdistan Region, were terminated as a consequence of IRGC drone and missile strikes, ostensibly in retaliation to Kurdish party protests.
Statutory Breakdown of Mortality Causes:
• Direct engagement by state apparatus resulted in 114 deaths, a severe contravention of both international humanitarian and human rights law.
• 9 documented deaths (6.5% of the total) have been linked to acts of torture, a direct infringement of Article 7 of the International Covenant on Civil and Political Rights (ICCPR).
• Other means of inflicting fatal harm, such as beatings, stab wounds, and asphyxiation through tear gas, further underline the indiscriminate use of force and violation of the principle of proportionality.
B. Arbitrary Detentions: March 2023:
According to the Hengaw report dated April 1, 2023:
1. Unlawful Apprehensions: 36 Kurdish citizens were detained under questionable allegations of political, civil, and union activities. The nature and frequency of these detentions raise concerns over violations of Article 9 of the ICCPR.
Categorization of Detainment Grounds:
• Charges related to political activities have led to 15 detentions, highlighting potential infringements on the freedom of association and expression.
• 12 individuals were detained post-protests against chemical attacks, and 9 were detained following Nowruz celebrations, reflecting possible curtailments of the freedom of assembly.
Additional Detainment Intel:
• Among the detainees were two female activists, a minor, and eight educators, thereby raising issues concerning potential discrimination and violations of rights of special groups.
• A significant 32 of these cases were orchestrated by the intelligence sector.
• 17 detainees were apprehended directly from their homes, a direct encroachment on personal liberties and potential violations of privacy rights.
• Four were summoned to governmental institutions and subsequently incarcerated, reflecting a potential breach of due process norms.
Considering the aforementioned data, deporting a Kurdish individual, especially one with the profile of Raman Nasirizadeh, to Iranian-occupied Kurdistan not only raises significant legal concerns but may constitute a breach of international human rights covenants and obligations.
Legal Analysis: Potential Breaches by Danish Authorities in the Context of Raman Nasirizadeh’s Potential Deportation
1. 1951 Refugee Convention:
• Article 33 (1) - Non-Refoulement: Sending a refugee to a territory where they face threats to their life or freedom due to their race, religion, nationality, political opinion, or membership in a particular social group.
• The potential return of Mr. Nasirizadeh, given his political activities and the documented human rights abuses in Iranian-occupied Kurdistan, might infringe upon the principle of non-refoulement.
2. European Convention on Human Rights (ECHR):
• Article 3 - Prohibition of Torture: No one shall be subjected to torture or inhuman or degrading treatment or punishment.
• Deporting Mr. Nasirizadeh could expose him to a risk of torture or inhuman treatment, which would violate Article 3 of the ECHR.
3. International Covenant on Civil and Political Rights (ICCPR):
• Article 7 - No Torture, or Cruel, Inhuman, or Degrading Treatment: Prohibits subjecting individuals to such treatments.
• The environment in Iranian-occupied Kurdistan suggests there’s a tangible risk of Mr. Nasirizadeh facing such treatments upon deportation.
4. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT):
• Article 3: States that no state party shall expel, return, or extradite a person to another state where there are substantial grounds for believing that they would be in danger of being subjected to torture.
• Considering the documented incidents of torture in Iranian-occupied Kurdistan, deporting Mr. Nasirizadeh might violate the CAT’s provisions.
5. Danish Aliens Act:
• Section 7 (1) and (2): Resonates with the principle of non-refoulement, specifying that a residence permit will be issued to an alien if they risk the aforementioned adverse consequences upon return.
• The potential risks faced by Mr. Nasirizadeh are congruent with the protections provided under this section of the Danish Aliens Act.
6. The Universal Declaration of Human Rights (UDHR):
• Article 5: Prohibits subjecting individuals to torture or to cruel, inhuman, or degrading treatment or punishment.
• The conditions in Iranian-occupied Kurdistan make it plausible for Mr. Nasirizadeh to be exposed to such treatments, thus potentially violating Article 5 of the UDHR.
Given Mr. Raman Nasirizadeh’s distinct profile as a prominent social media activist and critic of Iran, returning him to the current environment in Kurdistan under Iranian occupation poses grave implications for his fundamental human rights.
1. Threat of Torture and Inhumane Treatment: Mr. Nasirizadeh faces a pronounced risk of torture and inhumane treatment upon return. Such a predicament is not only in violation of Article 3 of the ECHR and Article 7 of the ICCPR, but also contravenes Article 3 of the CAT, which explicitly prohibits returning individuals to territories where they are in danger of torture.
2. Lengthy Imprisonments: Given Mr. Nasirizadeh’s conspicuous social media presence and political commentary, there’s an impending threat of him being subjected to prolonged prison sentences without a fair trial. This challenges his right to liberty and personal security, safeguarded by Article 9 of the ICCPR.
3. Deprivation of Liberty: Beyond incarceration, Mr. Nasirizadeh is at risk of arbitrary detainment, violating Article 9 of the UDHR and Article 9 of the ICCPR, both protecting against arbitrary arrest and detention.
4. Execution: With Iran’s track record of levying severe charges against political activists, such as “enmity against God” or “moharebeh” and posing a “threat to state security,” Mr. Nasirizadeh faces the extreme peril of execution. Such an act would constitute a blatant infringement of the right to life, recognized under Article 6 of the ICCPR.
5. Basis for Accusations: His prominence and influence as a social media activist critical of Iran positions him directly for allegations of “enmity against God” and “threat to state security.” Historically, in Iran, such charges have often culminated in severe penalties, including capital punishment, for those indicted.
Considering both Mr. Nasirizadeh’s personal circumstances and the overarching climate in Kurdistan under Iranian occupation, any decision to deport him not only directly endangers his life but stands in stark contrast to the foundational principles of human rights and international law that Denmark is pledged to uphold.
Demands of the Kurdish Society of Europe
1.Immediate Release: We demand the immediate and unconditional release of Mr. Raman Nasirizadeh from any form of detention or restrictive condition imposed upon him by the Danish authorities.
2. Grant of Asylum: In view of the clear and present danger Mr. Nasirizadeh faces in his home region, coupled with the political persecution evident from his documented activities, we demand that he be granted asylum in the Kingdom of Denmark forthwith. Further, his status as a political refugee should be recognized and honored, consistent with international standards and conventions.
3. Compensation for Psychological Distress: Considering the undue mental and emotional distress Mr. Nasirizadeh has been subjected to during this process — a direct consequence of the uncertainties and potential threats to his life — we demand appropriate redressal. This should manifest in the form of compensation to account for the psychological harm inflicted upon him.
Given the flow of the previous sections, I suggest that these demands be placed right before the section holding Denmark responsible. This order allows the demands to act as a direct call to action, based on the prior arguments, and then underscores the consequences if those demands aren’t met.
The Kurdish Society of Europe, with particular emphasis from our constituents in Denmark, hereby states its unequivocal position concerning the potential deportation of Mr. Raman Nasirizadeh to an environment rife with human rights abuses. We assert that any adverse consequence emanating from such a deportation will squarely place the responsibility on the Kingdom of Denmark.
By deporting Mr. Nasirizadeh, Denmark risks contravention of several cardinal principles enshrined in international human rights conventions and treaties to which it is a signatory. These include, but are not limited to, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention Against Torture.
In the unfortunate event that Mr. Nasirizadeh faces detrimental consequences upon his return — be it in the form of torture, unjust imprisonment, or even execution — we, the Kurdish Society, will consider it an irrefutable breach of these conventions by Denmark. We will not hesitate to initiate legal proceedings against the Danish government, holding them accountable for these violations at competent international judicial forums.
Moreover, we firmly believe that the principles of human rights, justice, and dignity transcend borders. It is imperative for the Kingdom of Denmark to reflect on the gravity of its actions and the potential repercussions. Our intent is to ensure that human rights are upheld, and justice prevails.
The Kurdish Society remains steadfast in its commitment to safeguarding the rights and wellbeing of its members, wherever they may reside.
Conclusion
The case of Mr. Raman Nasirizadeh is not just an isolated incident but emblematic of the dire situation many Kurds face in the Iranian-occupied region of Kurdistan. His plight represents the broader struggle for human rights, justice, and dignity. Ignoring his rightful claims for asylum not only compromises Denmark’s commitment to upholding human rights standards but also endangers the life of an individual who has dedicated himself to speaking out against tyranny and oppression.
We wish to reiterate the gravity of the situation and emphasize our commitment to seeking justice. Copies of this documentation and the associated demands have been dispatched to relevant international bodies, human rights organizations, and commissions, including those previously mentioned in this document. We trust that these organizations, alongside the Danish government, will act with the urgency and gravitas this situation demands.
We remain,
- KURD.ONE – Kurdistan International Petition & Fundraising Platform
- European Kurdish society
Signatures:
322 Comments
cause I know he will be in real danger If the returning happens.
i am human. رامان در صورت دیپورت اعدام میشود.پ
زن زندگی ازادی
Because if he comes back to Iran, islamic republic will arrest and execute him.
For human rights
He is in a serious life-threatening
امضا میکنم چون رامان بی گناهه
This man might be kill by IRCG and bring back to jail in iran.
او بی گناه است او را اخراج نکنید
I am kurd
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