In the Name of God
After fourteen days of no news and extreme concern about Emadeddin Baghi’s condition, on Wednesday 26 December he was able to contact his family through a short phone call. He announced that he had been hospitalized in the Qamar Bani Hashem hospital in Tehran and his physical condition was better than in the morning of that day. Then, on the morning of Thursday, December 27th, with the help of security officials, Baghi’s family was able to meet with him, seeing that although he had become extremely thin and weak with God’s grace danger to his health had passed. He gave his family a detailed report of what had happened on Wednesday that is being recounted here for public knowledge:
At 8:00 a.m. of Wednesday, December 26 Mr. Baghi, while taking a shower in his small cell, experiences a nerve attack that manifested itself in the trembling of his hands and feet and fainting. With the help of his only cell mate he gradually regains consciousness but because of deteriorating physical conditions calls upon the staff in prison’s health center for help. Health center staff immediately tried to stabilize his blood pressure with a pill and sweetened water and attempted to take care of the burning sensation on his face and the paralysis condition that had overtaken parts of his feet and hands as Mr. Baghi was not able to bend his fingers. The health staff massaged his hands and feet and then attempted to take him with a wheelchair to the health center in order to stabilize his breathing through injection and giving him oxygen.
At this time, as was announced before, Mr. Saleh Nikbakht, Baghi’s lawyer, was waiting to see to him but because of Baghi’s critical condition the meeting was not possible and Nikhbakht was told that Mr. Baghi was being interrogated. However, with the relative improvement of his condition Mr. Baghi contacted his family and while speaking in a halting manner he informed his family about how he was saved from danger and requested Mr. Nikbakht’s return to prison. But in the span of time Mr. Nikhbakht returned to prison and was again told that Mr. Baghi was being interrogated again, Mr. Baghi had a second attack with severe trembling that now involved teeth clenching and locked hands. Heart tests also showed an undesirable condition. Symptoms of the second attack were nausea, dizziness, trembling of the whole body and locking of hands to the point that Mr. Baghi was unable to write a sentence. He had asked his cellmate for pen and paper in order to write his will but he was unable to hold on to the pen. At this time, according to Mr. Baghi, an ambulance was called and he was sent to Qamar Bani Hashem hospital. Until 10:00 p.m. he was held in the critical care unit and then moved to the relevant section as two agents of the Ministry of Intelligence joined the team of physicians. The physician in charge said that what happened to Mr. Baghi were panic attacks and because of the special physical and mental conditions of Mr. Baghi were extremely dangerous. Had the health officials in the Ward 209 of Evin prison not moved quickly, the second attack could have been disastrous.
When asked by the physicians and Intelligence Ministry agents about factors that impacted his condition, Mr. Baghi, along with a list of many problems, identified three main issues:
First factor: Mr. Baghi’s sensitivity to what happens in prison including the commotion he heard around 2:00 a.m in one of the nights in the cell next door, suggesting that a student had attempted to commit suicide and was only saved with the presence of an Intelligence Ministry agent. Hearing about the situation of the student who had claimed that he had been physically confronted twice made Mr. Baghi extremely upset. Hearing about the situation of other students also placed him under tremendous psychological strain which he relayed to prison officials.
Second factor: Along with fact that Mr. Baghi considers his imprisonment illegal, he also deems the conditions under which he is held as illegal. Mr. Baghi asked the Intelligence Ministry agents the reasons for being held in a separate ward if he has been sentenced to one year imprisonment for the articles he published ten years ago for which he received and served a four year sentence in 2003. He also pointed out that in the court in which the sentence was issues no one but Baghi and the judge, not even Baghi’s lawyer, was present. This is why he objected to the court procedures, relying on Article 129 of the criminal code, by remaining silent. On this basis, the decision rendered is without legal merit since according to the guidelines issued by the Expediency Council the legal process without a lawyer’s presence is not legal. Baghi also referred to the fact that a bail was set for 50 million toumans in relation to this one year sentence, nullifying the case for temporary detention. Assuming that he is spending his one year prison sentence, why should he be detained in a separate security prison? Why should he be kept illegally without a ruling for 21/2 months? This is while according to Article 574 of the Islamic penal code, those who engage in such violations against the accused must face 2 months to 2 years of detention or loss of employment. Baghi said that he had told the details of the violations involved to the assistant prosecutor and he had complained to the person in charge of Ward 209 about Mr. Baghi’s detention in that ward. The person in charge of prison had said that Mr. Baghi “is in our custody” while no where in law there such a thing as a “prisoner in custody.” This is why the assistant prosecutor announced that he will have a discussion with the interrogator of the special security branch and will begin the process of trying to get Baghi out of the separate detention center. But until Wednesday nothing had happened and this state of not knowing had impacted Mr. Baghi’s health.
Third Factor: throughout the 76 days of detention, every few days new individuals are placed in Mr. Baghi’s cell, apparently so that his closed cell would not be considered solitary. These individuals who are placed in Mr. Baghi’s cell in a limited and haphazard manner are typically anxious and weep and grieve much. Given Mr. Baghi’s sensitivity to the issues and rights of prisoners, he is bound to empathize and try to console them. Mr. Baghi’s psychological state is upset by the fact that he cannot do anything for them and arrested students. The physicians in the hospital have also referred to these stressful issues and, given the threat of recurrent attacks, have advised the ceasing or at least reduction of sources of stress.
Representatives of the Intelligence Ministry, after listening carefully to the physicians’ and Baghi’s reasons, promised to change the situation not only regarding Baghi’s incarceration in a separate prison but also regarding cases such as the suicide of the student and the situation of other students.
While Mr Baghi expressed his satisfaction with the way the prison health officials had fulfilled their legal obligations, he criticized the way his family was left concerned and without news for a night and half a day.
Baghi’s family also criticized the way the news about his situation was passed along. They saw the real harm in causing concern for the family and public opinion. After meeting or talking on the phone to Baghi directly, they pointed out that by keeping the news hidden initially all sorts of doubts were raised for the family regarding whether the health problem occurred during interrogations or under normal conditions.
Although Baghi’s family delivered him to prison healthy and now see him as thin and weak with at least two physical attacks, if they had been correctly informed about his condition they could have aided in detailed and correct relaying of information. At the same time, given Mr. Baghi’s physical condition and the words of physicians trusted by officials who have warned of the possibility of a repeat attack, which this time around may be more dangerous, and said that he should be kept away from stress and physical and psychological limitations, and given the promise by the representatives of those in charge regarding respect for Baghi’s right, his family hopes that conditions are prepared for his release so he can take care of his health in an atmosphere without stress.
Of course, according to the latest information of which the family was apprised while writing this statement, Mr. Baghi was returned to prison at sundown on Thursday and was transferred to the General Ward 350. We hope that this transfer paves the way for respect of Mr. Baghi’s rights and his release.
Emadeddin Baghi’s Family
Tuesday, January 1, 2008
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