Dr. Manouchehr Ganji
Secretary-General
Organization for Human Rights and
  Fundamental Freedoms for Iran



Dear Doctor Ganji:

Thank you for your email of September 2, 2006, concerning the killing of
Canadian photojournalist Ms. Zahra Kazemi while in Iranian custody. I
regret the delay in replying to you.

Canadians are deeply shocked and saddened by the brutal treatment and
death of Ms. Kazemi. Many Iranian citizens share Canadians' concerns
about this tragedy. Iranian commissions struck by then President
Mohammad Khatami and by the Majlis (Iranian parliament) cast doubt on
the Iranian judiciary's official account that Ms. Kazemi died from an
accidental fall.

The Canadian government has been very active in the pursuit of justice
for the Kazemi family. The following represents some highlights.

*Canada has repeatedly and consistently raised at the highest levels the
Kazemi case with Iranian authorities and made clear its indignation and
demands for justice.
*Canada has asked the Iranian government to carry on an independent
forensic investigation into the death of Ms. Kazemi. Ultimately, a
credible investigation is the only way that the disturbing questions
about this case can be answered. Iran has rejected this proposal.
*Canada withdrew its ambassador to Iran twice as a strong diplomatic
signal of protest. It has since sent one back, this being the only way
to directly engage Iranian authorities on the Kazemi case and other
issues of great consequence to Canadians such as Iran's nuclear
program.*Canada has discussed the Kazemi case with other governments,
the European Union and United Nations bodies, and sought their support
as the case is representative of the serious human rights violations
that persist in Iran. Canada appreciates the active assistance they have
offered, and continues to liaise with its like-minded partners to
discuss developments and strategy.
*Canadian government lawyers have engaged in a constructive, cordial and
common-cause effort with the lawyers of Mr. Stephan Hachemi, the son of
Ms. Kazemi, to look at every legal avenue available.
*The Canadian government helped in bringing to Canada as a refugee Dr.
Shahram Aazam, the first physician to examine Ms. Kazemi, and has
respected his need for confidentiality and safe haven.
*On September 20, 2005, at the United Nations in New York, Canada
reiterated its outrage at how the Kazemi case was handled directly to
the Iranian Foreign Minister Manouchehr Mottaki. Canada repeated the
family's demand that justice be rendered and the body returned to
Canada.

On November 23, 2005, the Tehran Court of Appeal decided to reopen the
investigation into Ms. Kazemi's death. Canada calls for this case to be
tried in a criminal court with a minimum delay and for all relevant
witnesses and testimony to be brought to bear in the dispensation of
justice.

The death of Ms. Kazemi has highlighted the serious problems that exist
with Iran's broader human rights record, particularly in areas such as
freedom of expression, treatment of prisoners, and independence of the
judiciary. Canada has been active in reminding Iran of its international
human rights obligations. Given that Canada has seen no credible
evidence of any improvement in the human rights situation in Iran, on
November 2, 2006, and for the fourth consecutive year, Canada tabled a
resolution at the 2006 session of the United Nations General Assembly
(UNGA). The resolution was adopted by UNGA on December 19, 2006. The
international community has once again expressed its great concern for
the human rights situation in Iran. Canada urges the Government of Iran
to abide by its freely undertaken obligations and to address the
situation.

Since 1996, Canadian political relations with Iran have been governed by
a policy of controlled engagement. Canada places limits on its contacts
with Iran. For instance, Iran is not able to open consulates in Canada,
there are no direct air links to Canada, and export controls are applied
on sensitive goods. This policy reflects the Government of Canada's
concerns about the Iranian government's opposition to the Middle East
peace process, its support of terrorism, its position on nuclear
non-proliferation and its human rights record. Canada placed further
restrictions on its bilateral engagement with Iran as a strong sign of
its outrage following the inconclusive judicial appeals of May 16 and
July 25, 2005. Canada now engages with Iranian authorities only on the
Kazemi case, human rights, and the nuclear non-proliferation question.
All programs of cooperation with the Iranian government have been
halted. Only meaningful change in Iran's position on human rights and
nuclear non-proliferation can lead to an improvement in Canada-Iran
relationship.

In your correspondence, you refer to the September 2006 visit to the
United States by Mr. Khatami. As I mentioned earlier, Mr. Khatami was
instrumental in casting doubt on the Iranian judiciary's official
account that Ms. Kazemi's death was accidental. During his presidency,
improvements had been achieved in the field of women's education, health
and democratic participation, as well as the situation of children in
Iran. The Iranian people had made it clear that they wanted to see the
implementation of political, social and cultural reforms as embodied by
the ideas of Mr. Khatami and those who surrounded him. However, Mr.
Khatami's reformist platform faced obstacles by the opponents of change.

I wish to clarify that extradition is the surrender by one State at the
request of another State of a person who is accused of or who has been
convicted of an extraditable crime, over which the requesting State has
jurisdiction. Where an extradition is sought for the purpose of
prosecuting such a person, sufficient evidence must be available to
justify and substantiate that extradition request.

Canada will continue to raise both Iran's record on human rights and the
specifics of the Kazemi case with its counterparts at every opportunity.
Iran must respond and fulfill its obligations as a member of the
international community.

Thank you for taking the time to write.

Sincerely,


Peter G. MacKay
Minister of Foreign Affairs

نامه دكتر منوچهر گنجي خطاب به وزير امور خارجه كانادا، مبني بر پيشنهاد استرداد محمد خاتمي از آمريكا به كانادا

Organization for Human Rights and Fundamental Freedoms for Iran

 1 September 2006

  His Excellency Peter Mackay

  Minister of Foreign Affairs

  Canada

  Re : Zahra Kazemi  Torture and  Death in Evin Prison, Iran

  Dear Mr. Foreign Minister,

  Mrs. Zahra Kazemi, a 54 year old Iranian born Canadian citizen was arrested in Tehran, Iran July 11 , 2003 on charges of taking pictures of the demonstrators  outside Evin prison. She had just arrived in Iran as a foreign journalist accredited by Iran's Ministry of Guidance, to prepare a series of reports on Iranian affairs.

 ON July 27,  2003 she died in custody. Dr. Shahram Azam, the Military doctor who examined her upon arrival at hospital and who now lives in Canada has stated that he found that she had been " beaten, tortured and raped savagely". He  says " there were horrendous injuries on her body ranging from a broken nose to a ruptured ear drum, lash marks and evidence of brutal sexual assault."

At the time of Mrs. Zahra Kazemi's arrest, torture and brutal murder Mr. Mohammad Khatami  was President of Iran. Of course her,s is by far the only such case during his 8 years Presidency. A few of the other similar, and even still worst cases of murder, torture and disappearances  that come to mind are the brutal killings of Dariush and Parvaneh Forouhar's, the notorious serial killings of Mohammad Mokhtari, Mohammad Poyandeh etc.

Mrs. Zahra Kazemi,s arrest, torture and brutal murder  happened during the time when cleric Mohammad Khatami was President of Iran. Notwithstanding his smiling face and public front of the so called  " dialogue of civilizations" which he carries for outside consumption, Mr. Khatami did nothing to stop arbitrary arrests and systematic torture and killings ,during his 8 years of office. You may recall that in 1999 he acted brutally against peaceful  student demonstrations, which had been caused by police brutalities at a student dormitory in Tehran. In the course of three days of student demonstrations which  followed , all over the country, under his orders, more than 20 students, mostly in Tabriz and Tehran died and aroun1500 were imprisoned and tortured. MR. Ahmad Batebi ,and Manouchehr Mohammadi and many others are still in prison and being tortured. Mr. Akbar Mohammadi another one of the student leaders died under torture just about a month ago. The one single individual who orders all these atrocities to be carried out in Iran today is Saeed Mortazavi. He was a Revolutionary Court Judge who was promoted during Mr. Khatami's term of Office to become Prosecutor General of Tehran.

 As for his background cleric , Mohammad  Khatami, right from the first day of 1978 revolution, was among the   top collaborators of Khomeini. In 1980 he was "elected" as a Member of the first Parliament of Islamic Republic (from Meibod and Ardakan province ). In 1981 Khomeini appointed him as Head of Keyhan journalism school. During Iran/Iraq war he served as the deputy Head of Joint Command of the Armed Forces and as Chairman of War Propaganda Headquarters. Between 1982-1988 he served at the same time as the Minister of Culture and Islamic Guidance -also responsible for affairs of the press and censorship. Between 1989-1992 he served in the same capacity in cleric Hashemi Rafsanjani's Government.  Towards the mid 1993 (Rafsanjani's second term) he was appointed as Cultural Advisor to the President and the Head of National Library. In 1996 Ayatollah Khamenei, the Supreme leader appointed him as a Member of the High Council for Cultural Revolution. He was elected as the President of Islamic Republic in May 1997 and served in that capacity until May 2005

Excellency , Mr. Mohammad Khatami will be in the United States in 2 or three days time. Can the Canadian Government do with him what Spain did in the case of Augusto Pinochet when he was visiting Britain a few years ago. This would provide the Canadian Government with a unique opportunity to bring at least one of the participants of the torture and murder of a Canadian citizen Mrs. Zahra Kazemi to justice. I believe in view of the above it is incumbent upon the Canadian Government to seek the arrest and extradition of Mr. Mohammad Khatami from the United States to stand trial for the crimes that he has been a party to.

For further background and a chronicle of the crimes committed by the Islamic Republic of Iran, under Mr. Khatami et al ,please visit www.iri-crimes.de .

Please accept Excellency the assurances of my highest respects and considerations.

                                                Professor Manouchehr Ganji

            Secretary- General , Organization for Human Rights and Fundamental Freedoms for

                                                             Iran