The International League Against Arbitrary Detention calls upon the Government of Iran to take all necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 37/2023 concerning Olivier Vandecasteele, asking the Iranian Government to immediately and unconditionally release him and to accord him an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Olivier Vandecasteele (Islamic Republic of Iran): Opinion 37/2023.
FOREIGN HUMAN RIGHTS WORKER DETAINED BASED ON ESPIONAGE AND FINANCIAL CRIMES ACCUSATIONS
Olivier Vandecasteele, a citizen of Belgium, served as a country director for the Norwegian Refugee Council in Iran. His arrest, conducted without warning or warrant by plainclothes agents, was followed by accusations of espionage, collaborating with foreign governments, and financial crimes.
The Working Group first noted that Mr. Vandecasteele had been arrested without an arrest warrant, which constituted a serious violation of his rights under article 9(1) of the Covenant and articles 3 and 9 of the Universal Declaration of Human Rights. As Mr. Vandecasteele had been informed neither of the reasons for his arrest nor of the charges brought against him, the Working Group established that Article 9(2) of the Covenant had also been violated.
Besides, Mr. Vandecasteele remained in preventive detention for nine months, after which he was finally brought before a judicial authority. Thus, the Working Group found that his right to be brought promptly before a judge had been violated, in accordance with Article 9(3) of the Covenant. The Working Group also found that his prolonged pre-trial detention violated the principle that such detention should be the exception rather than the rule, as outlined in Article 9(3) of the Covenant. Finally, given these circumstances, Mr. Vandecasteele was neither able to challenge the lawfulness of his detention nor to access an effective remedy, which the Working Group found to be in violation of Articles 2(3) and 9(4) of the Covenant, as well as Articles 3, 8 and 9 of the Universal Declaration of Human Rights.
Eventually, the Working Group established that Mr. Vandecasteele had been held incommunicado for several long periods following his arrest, thus contravening established international standards, in particular the Nelson Mandela Rules. Furthermore, considering the charges brought against Mr. Vandecasteele to be too vague, the Working Group found his detention and prosecution to be contrary to articles 9(1) and 15(1) of the Covenant and 11(2) of the Universal Declaration of Human Rights.
Considering these violations, the Working Group concluded that his arrest and detention were devoid of any legal basis, thus rendering his deprivation of liberty arbitrary under Category I.
VIOLATION OF HIS RIGHT TO A FAIR TRIAL
The Working Group first noted that Mr. Vandecasteele had been consistently denied access to a lawyer, thus violating his rights to prepare and present his defence through counsel of his own choosing, under articles 14(3)(b) and (d) of the Covenant. In addition, Mr. Vandecasteele was not allowed access to his complete file, which the Working Group found to be a violation of articles 14(1) and (3)(b) of the Covenant.
Besides, the Working Group noted that Mr. Vandecasteele's right to consular access had also been denied, in violation of Article 36 of the Vienna Convention on Consular Relations, Articles 9(1) and 14(1) of the Covenant, and Article 9 of the Universal Declaration of Human Rights.
The Working Group also recalled that the inhuman conditions of his detention, including solitary confinement and the denial of medical care, violated the fundamental principles set out in article 10(1) of the Covenant and the Nelson Mandela Rules.
The absence of fair procedures, notably characterised by a short trial, an impossibility for Mr. Vandecasteele to bring his own witnesses or even to choose his legal representation, led the Working Group to consider that Mr. Vandecasteele's right to the presumption of innocence, guaranteed by articles 14(2) of the Covenant and 11(1) of the Declaration of Human Rights, had been violated. Moreover, the Working Group also found a violation of Mr. Vandecasteele's right to equality before the Court, under Article 14(3)(e) of the Covenant.
Finally, considering the fact that Mr. Vandecasteele's trial was conducted by a revolutionary court and that the presiding judge was notorious for treating foreigners unfairly, the Working Group found that Mr. Vandecasteele's right to be heard by a competent, independent and impartial tribunal, under article 14(1) of the Covenant, had been violated.
Consequently, for the above reasons, the Working Group concluded that Mr. Vandecasteele's deprivation of liberty was arbitrary under category III.
DEPRIVED OF LIBERTY BASED ON HIS FOREIGN NATIONALITY
The Working Group noted that the deprivation of liberty of Mr. Vandecasteele was marred by discrimination based on his foreign nationality, thus violating article 26 of the Covenant, which requires equal protection under the law without any form of discrimination. The Working Group explained that by targeting Mr. Vandecasteele on the basis of his nationality, the authorities disregarded his inherent right to fair and equal treatment before the law, as enshrined in international human rights instruments such as the Universal Declaration of Human Rights.
These violations rendered Mr. Vandecasteele's deprivations of liberty arbitrary under Category V.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Olivier Vandecasteele was arbitrary and fell under categories I, III, and V because his deprivation of liberty was in contravention of articles 3, 8 and 9 of the Universal Declaration of Human Rights and articles 2, 9, 10, 14 and 26 of the International Covenant on Civil and Political Rights.
The Working Group urged the Government of Iran to conduct a thorough investigation into Mr. Vandecasteele arbitrary detention and to take appropriate action against those responsible for the violation of his rights. The Working Group recommended that the Government of Iran take without delay the necessary measures to remedy the situation of Mr. Vandecasteele and bring it into conformity with the relevant international standards. Given the circumstances of the case, the Working Group recommended the immediate release and compensation of Olivier Vandecasteele, in accordance with international law.
The Working Group also called for transparency and cooperation from the Iranian government. Furthermore, the Working Group underlined that this case was emblematic of a wider pattern of arbitrary detentions in Iran, revealing systemic violations of international law.
RELEASED PRIOR TO THE WGAD OPINION
Following an agreement between the two countries, the Belgium humanitarian worker Olivier Vandecasteele was released and sent back to Belgium in exchange for the release and sending back to Iran of the Iranian intelligence officer Assadolah Asadi, until then detained in Belgium. To read more about the conditions of his release, see the Public Statement of Amnesty International.
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