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Bernard-Henri Lévy

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Interview: Sakineh's Attorney Speaks From Exile

Posted: 08/15/10 09:27 PM ET

Until a few days ago, Mohamad Mostafaei was Sakineh Mohammadi Ashtian's attorney. In addition to his profession, he was one of the free voices of Iran and one of its consciences. Harassed by the mollahs, imprisoned several times, subject to unbearable moral blackmail every time his wife and daughter were threatened, he finally left his country. He answered my questions from a hotel room in Oslo, where he found refuge yesterday, Sunday. Either directly, in English, or with the help of Mahmood Amiry-Mohgad, founder and activist of the NGO "Iran Human Rights", based in Norway. A clear voice. A lucid mind. His capacity to resist manifestly untouched. The man who does not flinch or waver. He continues the fight. But, for this, he needs us more than ever. Listen to him. It is the first time he has expressed himself since leaving Iran.

Bernard-Henri Lévy

BHL: Good evening, Mr. Mostafaei. I am very moved to be speaking with you. Where are you, exactly?

M. Mostafei: For the moment, I'm in a hotel room in Oslo.

How did you leave Iran?

I crossed the frontier between Iran and Turkey. Five hours on foot. Then on horseback.

And then, in Turkey?

I arrived at the city of Van. Humanitarian organisations such as Amnesty International took my case in hand. We wrote to the Turkish government. They had me take a plane for Istanbul. And I spent six days there, three at the police station at the airport, and three in a detention center for foreigners whose papers are not in order. Thanks to the intervention of some people from the UN, the European Union, and the Norwegian government, I was able to come to Oslo.

What is your state of mind right now?

Exhausted, but combative. I would have preferred to have remained in Iran, of course, to continue the fight for Sakineh and for human rights in my country. But they would have arrested me. Or worse still, they would have kept my wife in prison.

Because your wife has been released from prison?

Yes, naturally. They were only holding her to compel me to give myself up. The instant I touched Norwegian soil and they understood they couldn't catch me, they set her free. After fourteen days of being locked up, in severe conditions.

One thing is striking, in this affair concerning Sakineh: the hounding of a woman who, after all...

That's true. They have pursued her relentlessly in every possible way. First of all, there was the sentencing to be stoned. She lived with this nightmare, this sword of Damocles over her head. And now, since the Islamic Republic of Iran, disturbed by the international mobilisation, seems to hesitate to apply the verdict and is considering transforming it into hanging, Sakineh is waiting. And it's another form of torture.

Yes. But why her? Why this determination to go after her in particular?

She is a symbol. She is the symbol of all Iranian women who are victims of the family, the society, of their discriminatory laws.

Seen from the outside, this affair sometimes seems very obscure. Of what, exactly, is she being accused?

Concretely, she was condemned to 99 lashes of a whip for "immoral relations" with a man while her husband was alive. After the murder of her husband, she was sentenced to ten years imprisonment for complicity. And, at the same moment, another tribunal rejudged her case for so-called adultery and condemned her, this time, to death by stoning. Obviously, there is not a word of truth in all that. No proof. No confession. But, when the case was judged, three of the five judges declared her guilty simply on the basis of their own intimate conviction. All three of them were clerics. And particularly fanatical clerics.

What kind of a woman is she?

A simple woman. A very simple woman. For example, she speaks little Farsi. She speaks Azari.

Is that why she did not understand the verdict of stoning when it was announced? We are told that she understood it only after she had returned to her cell and her cellmates explained it to her.

No. That's something else. It's because the word the judges used was "rajam," the Arab word that means stoning.

Strange that one would use an Arab word....

That's true. But it's the rule. It is this word, this Arab word, that is used in the Iranian penal system. And it is this word that she did not comprehend.

What, according to you, is happening in these televised images where we see her, almost entirely covered by a veil, confessing to her supposed crimes. First of all, is it she?

Personally, I have not seen the images. But, in all probability yes, it's she.

Was this confession extorted from her under torture?

Yes, that is what I have heard. That she was subjected to, let's say, very strong pressure. And that she was forced to say what she did.

Who is the attorney who took over for you? Did the family choose him? Or was he assigned by the court?

I do not know Mr. Javid Kian. I don't know if he was designated counsel by the authorities or by the family.

Is Sakineh's case exceptional? Are there similar cases? What are the latest cases of stoning you have heard of or that have been submitted to you?

I have had thirteen clients who were sentenced to death by stoning. For ten of them, I either won the appeal or succeeded in having the sentence commuted to lashing by whip. Three of them are pending...

To your knowledge, when was the last stoning actually carried out?

The last case I can recall was that of Jafar Kiani, stoned to death in Takestan in the summer of 2007. But the human rights defense organisations in Iran have documented others. A man in the city of Rasht, in March, 2009. Three others, at Mashad, in December, 2008--one of them succeeded in getting out of the hole and thus saved his own life.

You are known for having attracted the international community's attention, all the way from Iran, to the case of Mohammad-Reza Haddadi and, now, to that of Sakineh Mohammadi Ashtiani. Is this kind of mobilisation a good thing?

Yes, of course. We cannot always see the effects immediately. But, in more or less long range terms, there's no doubt. It is capital.

Then you don't agree with those who say it is more effective to act behind the scenes?
No. Both of them are necessary.

What do the Iranian authorities think of these campaigns? How do they react?

They don't like them. But they cannot ignore them. These past several years, for example, I have kept a running account, by blog, of some of the typical cases I have pleaded. The authorities systematically block these blogs. So I open others.

What can we do, today, to help you, to help Sakineh, to help Iranian women fighting against obscurantism?

To begin with, what we're doing here. Talk. Tell things. Explain that the violation of human rights in Iran deserves at least as much attention as the question of military nuclear energy.

Will you come to say this in Paris?

I will be in Germany next week. But, why not, yes, after that, in France?

Well, we will be waiting for you.

 
 
 
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05:04 PM on 08/24/2010
this man is a hero and thank you to henry levy for letting us know these infos.
IT'S A SCANDAL . NO HU,AN RIGHTS . I LOVE arabic culture BUT NOT IN THE CRIMINAL LAW.
you cant die by stoning in 2010, you cant' die in my opinion because of a judgement.
this is a scandal , and it might get the international attention.
international pressure has to save her.
i hate men abuses and government abuses on women and children.
ther'es no future if we don't change things.
i was thinking that i was on holiday in france looking castles while a woman was stoned .
i feeel even guilty .
such a scandal
07:09 PM on 08/22/2010
this is not taking alot of guts to speak out against a foreign and unpopular government
has not the guts to talk about abuses in the USA or France
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HUFFPOST SUPER USER
iam7545 r
05:42 PM on 08/22/2010
ahhhhhh - the religion of peace
This user has chosen to opt out of the Badges program
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Hoosierbrad
I know it when I see it.
06:38 PM on 08/22/2010
The politicians in that area of the world are thugs, religious or not.
04:08 AM on 08/22/2010
Easy to speak up for human rights in Iran
how about the USA, executing innocent people
woman left in the AZ desert to burn last year by jail guards
Michael Green jailed 5 years for nothing
Jesus wept
This user has chosen to opt out of the Badges program
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01:46 AM on 08/22/2010
For anybody interested in the Iran debate.

Who’s keeping the terror myth alive?

http://mycatbirdseat.com/2010/08/bin-laden-is-dead-long-live-bin-laden-video/
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relians
the interconnectedness of all things
01:06 PM on 08/19/2010
religion, huh! what is it good for?
04:08 AM on 08/22/2010
Priests said mass every Sunday as the Shoah went on
gave communion to camp guards
Pope condemned dictators only when the allies won
08:40 AM on 08/19/2010
Repeat it enough...Islam is the religion of peace, Islam can do no harm....
01:20 AM on 08/22/2010
I am and have been repeating it to the point where I'm out of Kool-Aid
09:18 PM on 08/18/2010
Please R abb i L evy, bomb I ran.
10:59 PM on 08/17/2010
As was stated, Amnesty has been watching out for Mr. Mostafaei for some time and his case is not unique.
http://www.amnesty.org/en/news-and-updates/iran-must-end-harassment-stoning-case-lawyer-2010-07-28

28 July 2010

Amnesty International has urged the Iranian authorities to stop harassing human rights lawyers amid continuing uncertainty over the whereabouts of the defence counsel in a recent controversial stoning case and the arrest of two of his relatives.

Mohammad Mostafaei’s whereabouts have been unknown since shortly after he was released from questioning by judicial officials last Saturday.

Late that evening, the Iranian authorities detained his wife and brother-in-law, prompting fears that they are being held to put pressure on Mohammed Mostafaei to turn himself in to the authorities, if he is not already being detained.

The acclaimed lawyer is defending Sakineh Mohammadi Ashtiani, whose case became the subject of an international outcry when it was reported that she was soon to be executed by stoning.
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HUFFPOST SUPER USER
Ikkru
04:01 PM on 08/17/2010
I shall take Mr. Levy seriously when he writes a piece condemnatory of Israel's terrorism in Palestine.
11:56 AM on 08/22/2010
I take injustice seriously wherever it occurs--Iran, Israel, Palestine, U.S... It all needs to be highlighted and eradicated.
Are the Iranians at war with some of their citizens and stone them?
Do the Israelis arrest Palestinian citizens and stone them? Please let me know because I am ignorant of it.
Do the Israelis arrest attorneys who are defending accused adulterers and hold their wives hostage? Let us know and then, we need to protest that too.

I think Mr. Levy was focusing on one type of injustice--stoning--of possibly innocent people and how their attorneys are persecuted. Do you agree that the world needs to hear about it? AND about any similar injustices that occur in other parts of the world.

I shall take you seriously when you acknowledge what Mr. Levy says AND tell us about specific injustices--like stoning-- in Israel against Palestinians. His article isn't about terrorism. It's about judicial process and harsh punishment.

Otherwise, what you have said merely sounds like a defensive reaction to his article because of your own cultural and political bias.
07:11 PM on 08/22/2010
he attacks only unpopular leaders wh cant even talk back much less act
america kills people every day but he wants to suck up to our govt so he can live here

John Lennon had the guts to tell the truth, even when threatened with deportation
02:57 AM on 08/17/2010
Just more propaganda designed to deny the mullahs (peace be unto them) their God-given right to nuclear weapons, which is the only way to stop the Israelis from continuing to murder millions of muslim and Christian children.
08:38 AM on 08/19/2010
I thought it was "gazillions" and not millions? Why you lowering your numbers?
12:06 AM on 08/17/2010
Dude is full of---- defended filmmaker attacked child
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ThierryGhi
World citizen
07:53 PM on 08/16/2010
I wish we would hear more peaceful Muslims from all over the world clearly and loudly show their disagreement with this kind of events. I am not talking about the few Muslim intellectuals that do so, and by the way in many cases, who subsequently fear for their life. I am talking about the Muslim walking the streets of Saudi Arabia, Algeria, Syria, Egypt, Pakistan, and so on. Where is THEIR voice? They are the only ones who could oppose the barbarism of the fundamentalist minority, but they don't. They don't because they also, although maybe silently, think we should all be Muslims. Inch Allah.
08:18 PM on 08/22/2010
I am a muslim and I am against injustice and the hypocrisy mnay dictators/ political leaders especially those that distort religion or mis-use it. Reality is politics is complex and unfair in many african, asian i guess u could add souh american nations (regardless or religion). Like some one here said these people are acting like thugs and im pretty sure extortion and making up lies to get their own way is far from the teachings of Islam and many of the things they may do in the name of it. Most muslims dont take IRAn seriousy at all we consider them nutjobs which they prove again and aga...their president is much like Sarah palins dumb twin.
Okay I am trying to stay on opic and reply to ur comment- Muslims to speak out against suc things- ive come acroos quite a few conferences, seminars organised by religious organisations or affiliated groups against extremism. Well these wont get on the news cause 'controversy stirs curiosity and makes much more impact on the news. Itd make a boring read to many .
We often see only that we want to see.
I have to disagree with the crappy last line youve written which claim is seriously bogus, I guess often sentimentality gets the better of us. Peace out and appoogies for my terrible typing skills.
05:01 PM on 08/16/2010
The barbarians are at the gates!
01:21 PM on 08/16/2010
Sit. Good boy.
See he did it.

Now, check out this new trick.
Sit. Good boy.

Now, he's got more tricks.
Sit. Good boy.

Last but not least, his final trick.
Sit. Good boy.

Who says a one trick puppy can't make an impression?