PASDARAN DOCUMENTATION PROJECT
A Human Rights Activists (HRA) Initiative

Arbitrary arrest and detention of American citizens

Description

On July 31, 2009, three American citizens - Shane Michael Bauer, Joshua Felix Fattal, and Sarah Emily Shourd - were detained by Iranian forces while hiking near the Iraq-Iran border. The Iranian government claimed that these individuals were arrested after unintentionally crossing into Iranian territory. However, the American news magazine The Nation objected to this report and reported that testimonies from eyewitnesses indicate that these three individuals were detained inside Iraqi territory by members of the Revolutionary Guards and forcibly taken to Iran.

Background:
Arrest and detention: Bauer, Fattal, and Shourd were arrested on July 31, 2009, by the Revolutionary Guards on charges of illegally entering Iran and were imprisoned in Evin prison in Tehran, a prison where political prisoners and detainees accused of national security offenses are held.

Controversial arrest conditions: The accuracy of Iran's claims regarding the location of their arrest has been questioned. The American magazine The Nation reported that, according to eyewitness reports, these hikers were inside Iraqi territory when they were detained by the Revolutionary Guards. This raised concerns about the legality of their detention under international laws.

Detention conditions: These three prisoners were held in Evin prison for several months with limited contact with the outside world. They were eventually allowed to have telephone contact with their families after a long period.

Legal and diplomatic considerations: This case raises important questions about the legality of arrests and the treatment of detainees within the framework of international laws, particularly in the following areas:
- The right to a fair trial and whether the detainees have proper legal representation and the ability to communicate with their families in a timely manner.
- The location of the arrest; conflicting reports suggest that these individuals may have been unlawfully detained inside Iraqi territory, which could be a violation of Iraq's sovereignty.
- Human rights concerns regarding detention conditions and prolonged imprisonment in Evin prison.

The detention of Shane Bauer, Joshua Fattal, and Sarah Shourd by Iranian authorities has received significant international scrutiny, particularly regarding the conditions of their arrest and treatment during detention. Conflicting reports on whether they were in Iraq or Iran at the time of their detention further complicate the legal status of the case.

Note: Shane Michael Bauer, Joshua Felix Fattal, and Sarah Emily Shourd have been released

Categories

  • Hostaging of Foreign Nationals

Violation Types

  • Right to freedom and personal security

Possible International Crimes

  • Imprisonment and imposing severe restrictions on individuals' freedom as a crime against humanity

Photos

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Dates

Start Date: 07-31-2009
Start Time: N/A
End Date: 09-21-2011
End Time: N/A

Location

Country: Iran
Province: Tehran
City: Tehran
Address: Evin Prison
Coordinates: N/A

Involved Units

  • IRGC Beit al-Maqdis is the Kurdistan Province

Involved Individual

  • Allah Noor Nouralloyhi