2009–2011 detention of American hikers by Iran

On July 31, 2009, three Americans, Sarah Shourd (32), Shane Bauer (28) and Joshua Fattal (28), were detained by Iranian border guards for alleged espionage and crossing into Iranian territory while hiking in Iraqi Kurdistan. Sarah Shourd was released 14 months later on "humanitarian grounds".^[1] Bauer and Fattal were convicted of "illegal entry" and "espionage" two years after their arrest and each sentenced to eight years in prison,^[2] but were released on September 21, 2011. Each of the detainees were released after payment of 5 billion rial^[3] (about $US 465,000)^[4] bail.

Iran claims the three were spies^[5] but "never provided any evidence" to support its contention.^[6] The three Americans claim they were on Iraqi territory at the time of the arrest and deny they were involved in espionage in any way or doing anything other than having a recreational hike.^[7] A "wide range of outside voices", including the United Nations secretary general, Ban Ki-moon, and the human rights group Amnesty International, had called for the hikers' unconditional release.^[6]

Background

Detainees

Shane Bauer

Shane Bauer, who grew up both in Onamia, Minnesota and San Leandro, California,^[8] is a freelance photojournalist and journalist who has worked for Pacifica News Service, Mother Jones, The Nation and other left-leaning media outlets, using his fluency in Arabic.^[9] Bauer and Fattal were friends from their days at the University of California at Berkeley.

Sarah Shourd

Sarah Emily Shourd, who grew up in Los Angeles, California,^[8] worked in education and social justice in Damascus, Syria, where she provided educational opportunities to refugees from the war in Iraq and taught English. Shourd was Bauer's girlfriend at the time of the arrest, and the two became engaged to be married while imprisoned.

Joshua Fattal

Joshua "Josh" Fattal, who grew up in Elkins Park, Pennsylvania,^[8] an environmentalist and educator, had been from January to May 2009 a teaching fellow for the International Honors Program (IHP)'s "Health and Community" study abroad program. Prior to traveling with the IHP, Fattal lived and worked at Aprovecho in Oregon, USA, exploring and promoting sustainable living practices.

Shortly after the release of the hikers, it was revealed that Jacob Fattal, the father of Joshua Fattal, is an Israeli expatriate living in the United States and that two of his siblings live in Israel. To avoid revealing the fact that Josh's father is an Israeli citizen, Josh's mother spearheaded the campaign for his release and his father avoided the media. Fattal had been to Israel on a few family visits. The last time Fattal was in Israel is 2007 for two weeks for his cousin's wedding. Jacob Fattal, against his son's wishes, likened his son's detention in Iran to the detention of the Israeli soldier Gilad Shalit, who was held captive by Hamas militants in the Gaza Strip from 2006 to 18, October 2011.^[10]

Iraqi Kurdistan

Iraqi Kurdistan is an autonomous Region of Iraq, a federal entity recognized by Iraq. It has a parliamentary democracy with a national assembly consisting of a parliament known as the Kurdistan National Assembly with constitutionally recognised authority over the provinces of Erbil, Dahuk, and Sulaymaniyah, as well as de facto authority over half of Kirkuk province and parts of Diyala and Ninawa provinces.

Arrest

On July 31, 2009, three Americans, Sarah Shourd (32), Shane Bauer (28) and Joshua Fattal (28), were detained by Iranian border guards for alleged espionage while hiking in Iraqi Kurdistan. Iran claims the three crossed into its territory,^[11] but the three Americans deny this.^[7]

The three American detainees have stated they were simply hikers who did not realize that they were in Iran and that they actually have lengthy backgrounds as social justice and Palestine Solidarity Movement activists .^{[12][13][14][15] [16]} They had been living and active in the Middle East, and were on holiday in Iraqi Kurdistan, an autonomous region of Iraq free from the sectarian struggle that dominates much of Iraq.^[17][18][19] They had been advised of the suitability of the region for a holiday by friends who had been there and through Internet research; and were recommended the Ahmed Awa waterfall, a popular Kurdish tourist destination, by a number of local people whilst they were in Sulaymaniyah.^[19] After visiting the waterfall, they continued walking within what they believed to be Iraqi Kurdistan, up to and including the time they were detained by Iranian border guards.^[20]

In June 2010, an article in The Nation indicated that two villagers said the hikers were accosted by Iranian authorities while they were on the Iraqi side of the border.^[7]

Their companion, Shon Meckfessel, was not detained, as he stayed behind at the Hotel Miwan in Sulaymaniyah because of a cold.^[21] He had intended to join them the following day.^[21]

Detention

Evin House of Detention, where the hikers were held

The exact circumstances of their detention are unknown. They were being held in Evin Prison, with Shourd having been in solitary confinement and allowed out for two 30-minute periods each day to spend time with the other two.^[20]

The three detainees were not allowed to communicate with their families until May 2010. Swiss consular officials were able to visit them on September 29 and October 29, 2009 and confirmed they did not appear to have been physically mistreated (Switerzland represents U.S. interests in Iran because the United States has no formal diplomatic relations with Iran). However, upon the release of Fattal and Bauer on September 25, 2011, Shourd stated that "Bauer was beaten and Fattal forced down a flight of stairs".^[22]

Mothers of the three applied for visas in January 2010 to visit their sons and daughter and left for Iran in May 2010 after the government granted the visas.^[23][24] The three were united with their mothers for two days in May 2010 while remaining in detention.

Since their incarceration, Shane Bauer and Sarah Shourd, who were already in a relationship when they were detained, have become engaged.^[25]

Release of Sarah Shourd

On 14 September 2010, after more than a year in prison, Sarah Shourd was released on 5 billion rial^[3] (about 465,000 US$)^[4] bail. Iran's judiciary also announced that the pre-trial detention of Bauer and Fattal would be extended for two more months, at that time.^[26] Shourd remained a defendant but was not required by Iran to return for trial along with Bauer and Fattal in 2011.^[27]

Iran officials stated she was released on humanitarian grounds due to her declining health.^[1] Shourd's bail did not require that she remain in Iran, but her case would still go to trial along with Bauer and Fattal. Shourd's mother has said she had been denied treatment for serious health problems, including a breast lump and precancerous cervical cells.^[28] In May 2011, Shourd announced that she would not return to Iran for trial, citing acute ill-health.^[29]

Trial

On August 20, 2011, Bauer and Fattal were convicted of "illegal entry" and "espionage" and sentenced to a total of eight years in prison, each. ^[30]

"According to an informed source with the judiciary, Shane Bauer and Josh Fattal, the two detained American citizens, have been each sentenced to three years in prison for illegal entry to the Islamic Republic of Iran," the Iran's state television website reported. It also stated that the two have separately been "sentenced to five years in prison on charges of espionage for the American intelligence agency."

Their Iranian attorney, Masoud Shafiee, thought "the sentence was not consistent with the charges." Spying typically carries a death sentence in Iran.^[31]

Iranian judicial process

President Ahmadinejad has stated his hope that the three would be able to prove their innocence of espionage, but stated they deserve at least some punishment for illegal entry into Iran.^{[32][33] [34]}

On November 9, 2009, it was announced they were to be charged for espionage by Iranian authorities.^[35][36]

Ahmadinejad also promised that he would ask the judiciary to treat the case with maximum lenience and expeditiously back in September but despite many public statements that a judicial proceeding is imminent there has been no hearing or movement on their case for nearly eight months.^[37] The detainees have been consistently denied access to their lawyer and Swiss officials have been stonewalled since late October. On February 15, Mohammad Javad Larijani, the secretary general of Iran’s High Council for Human Rights, said it was "quite possible" the Americans had strayed into Iran by mistake.^[38] Mohammad Larijani is also a brother of Ayatollah Sadeq Larijani, Chief Justice of Iran, and Ali Ardashir Larijani, Chairman of Parliament of Iran.

At the beginning of August 2010, the Iranian government reiterated its belief that the trio should stand trial for illegal entry, and announced it was considering other charges such as "intentionally acting against Iranian security". On July 31st, 2011, the two had their final hearing of the trial and the verdict is expected on August 7th.^[39]

On August 20, 2011 the two hikers were sentenced to 3 years for illegal entry and 5 years for espionage, a total of 8 years.^[27]

Calls for release

Kenan Thompson, Desmond Tutu, Muhammad Ali, Noam Chomsky, Tom Morello, Alyssa Milano, Ashton Kutcher, President Barack Obama, rapper Big Sean, along with many other celebrities and governments, called for the release of the detainees on grounds of inhumane treatment and lack of evidence.^[40]

Release

A team of United States Department of State officials, including diplomat Philo Dibble, coordinated with Omani and Swiss diplomats to secure the release of Bauer and Fattal.^[41]

On September 13 Iranian President Mahmoud Ahmadinejad told NBC News that Bauer and Fattal would be released “in a couple of days” in a “humanitarian gesture.”^[42] Ahmadinejad was scheduled to speak at the United Nations General Assembly the next week. However the release was delayed as part of "what analysts called a power struggle between Ahmadinejad and the conservative establishment he has angered," and soon after the announcement, Iran’s judiciary contradicted the president and stated it had exclusive authority to order their release.^[6] (The judiciary answers to the country’s supreme leader.) Bauer and Fattal were released at dawn September 21 and taken by a diplomatic convoy to a plane that took them to Oman.^[6]

Shafiei said the bail of 5 billion rial^[3] (about 465,000 US$)^[4] for each of the men was posted. who were released into the custody of either Swiss diplomats or an Omani delegation. Omani officials, who maintain good relations with both Iran and the U.S., reportedly played a key role in negotiations with Iran and may have paid the almost $1 million bail.^[43]

The two men were released from prison and flown back to the United States via Oman on September 21, 2011, following a 10 billion rial^[3] (about 930,000 US$)^[4] bail-for-freedom deal posted by Oman.^[44]

Once Bauer and Fattal were back on American soil, the Israeli newspaper Haaretz reported that Joshua Fattal's Iraqi-born Jewish father, Jacob, had emigrated to Israel as a child and later came to the United States, where he married Fattal's mother, Laura. In an effort not to draw attention to their ties with Israel after Josh's arrest, the family decided that rather than having his father involved in public efforts for Josh's release, the task would go to Josh's brother, Alex, a doctoral student at Harvard University, and to Josh's mother, Laura, who was born in the United States.^[45]

References

• Hammer, Joshua. "A Mountain of Trouble". Outside Online. May 2010. http://www.outsideonline.com/adventure-travel/asia/iran/A-Mountain-of-Trouble.html?page=all. 

1. ^ ^{a b} Black, Ian (2010-09-14). "Iran frees US hiker Sarah Shourd after detaining her on spy charges". The Guardian (London). http://www.guardian.co.uk/world/2010/sep/14/iran-frees-sarah-shourd-hiker. Retrieved 2010-09-14. 
2. ^ "Iran jails US 'hikers' for 8 years: report", AP Online. 21 aug 2011. Retrieved 22 aug 2011; Iran's state television website
3. ^ ^{a b c d} "Iran frees jailed US hiker 'spies' Bauer and Fattal". BBC. 21 September 2011. http://www.bbc.co.uk/news/world-middle-east-15000563. 
4. ^ ^{a b c d} "Convert Iranian Rials (IRR) to US Dollars (USD)". Exchange-Rates.org. http://www.exchange-rates.org/Rate/IRR/USD. 
5. ^ Healy, Jack (2009-12-16). "Iran Says 3 American Hikers Will Be Tried Over Crossing". The New York Times. http://www.nytimes.com/2009/12/16/world/middleeast/16hikers.html. 
6. ^ ^{a b c d} American Hikers Leave Iran After Prison Release| By J. DAVID GOODMAN and ALAN COWELL| 21 September 2011
7. ^ ^{a b c} Sarfaraz, Babak (2010-06-23). "US Hikers Were Seized in Iraq". http://www.thenation.com/article/36562/us-hikers-were-seized-iraq. Retrieved 2010-07-19. 
8. ^ ^{a b c} CBS News/Associated Press (September 14, 2010). "Freed U.S. Hiker Reunites With Mother". CBSNews.com. http://www.cbsnews.com/stories/2010/09/14/world/main6864636.shtml?tag=contentMain;contentBody. 
9. ^ "About Shane Bauer". http://freethehikers.org/?page_id=584. Retrieved 2010-07-19. 
10. ^ http://www.haaretz.com/print-edition/news/american-hiker-freed-by-iran-has-israeli-father-1.386890
11. ^ Healy, Jack (2009-12-16). "Iran Says 3 American Hikers Will Be Tried Over Crossing". The New York Times. http://www.nytimes.com/2009/12/16/world/middleeast/16hikers.html. 
12. ^ "Shane's Work". http://freeourfriends.eu/shane. Retrieved 2010-08-06. 
13. ^ "Why is Iran holding anti-war activists?". http://freeourfriends.eu. Retrieved 2010-08-06. 
14. ^ "Full Letter From Anna Baltzer". http://freeourfriends.eu/supporter/anna-baltzer. Retrieved 2010-08-06. 
15. ^ "Full Letter from Dahr Jamail". http://freeourfriends.eu/supporter/dahr-jamail. Retrieved 2010-08-06. 
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20. ^ ^{a b} "Nora Shourd, mother of hiker imprisoned in Iran on BBC Radio 4". http://www.bbc.co.uk/programmes/b00t17kb. Retrieved 2010-07-19. 
21. ^ ^{a b} Meckfessel, Shon. "Statement on Missing US Hikers", The Nation, August 17, 2009.
22. ^ "Freed hikers: Iran held us because we're American", by Associated Press, September 26, 2010
23. ^ "Mothers of 3 imprisoned US hikers head to Iran". Yahoo.com. 17 May 2010. http://news.yahoo.com/s/ap/20100518/ap_on_re_us/us_iran_us_hikers. Retrieved 2010-05-17. ^{[dead link]}
24. ^ "U.S. Detainees’ Mothers Meet Them in Tehran, Appeal for Release", by Ladane Nasseri, Business Week, May 20, 2010
25. ^ "Mothers' appeal for hikers held in Iran". http://www.channel4.com/news/articles/politics/international_politics/mothersapos+appeal+for+hikers+held+in+iran/3720377. Retrieved 2010-07-24. 
26. ^ Black, Ian (September 14, 2010). "US trio on Iran trespass charge face more accusations". The Guardian (London). http://www.guardian.co.uk/world/2010/sep/14/iran-frees-sarah-shourd-hiker. Retrieved September 14, 2010. 
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29. ^ David Batty and agencies (5 May, 2011). "American hiker charged with spying by Iran will not return to face trial". The Guardian. http://www.guardian.co.uk/world/2011/may/04/american-hiker-iran-no-return. Retrieved 5 May, 2011. 
30. ^ "Iran jails US 'hikers' for 8 years: report", AP Online. 21 aug 2011. Retrieved 22 aug 2011; Iran's state television website
31. ^ "Iran jails US 'hikers' for 8 years: report", AP Online. 21 aug 2011. Retrieved 22 aug 2011
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33. ^ Locke, Michelle (2009-08-02). "Missing Americans in Iran". News.aol.com. http://news.aol.com/article/missing-americans-in-iran/599557. Retrieved 2010-05-17. ^{[dead link]}
34. ^ Curry, Ann. Interview with Mahmoud Ahmadinejad, Today, MSNBC, reproduced on YouTube; 18 September 2009.
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40. ^ Tutu, Desmond. "It's Time for Iran to Live Up to Its Commitment to Justice and Compassion." Huffington Post, 8 May 2011.
41. ^ "Philo Dibble, Diplomat and Iran Expert, Dies at 60". New York Times. 2011-10-13. http://www.nytimes.com/2011/10/14/world/middleeast/philo-dibble-diplomat-and-iran-expert-dies-at-60.html?ref=obituaries. Retrieved 2011-10-25. 
42. ^ Iran president: US hikers Shane Bauer and Josh Fattal to be freed ‘in a couple of days’ today.msnbc.msn.com 15 September 2011
43. ^ "U.S. Hikers Released From Iranian Prison, Flown Out of Country". http://www.foxnews.com/world/2011/09/21/lawyer-for-2-us-hikers-says-bail-deal-approved/. Retrieved 2011-09-21. 
44. ^ Mosthagim, Ramin (September 21, 2011). "Iran frees American hikers". Los Angeles Times (Los Angeles). http://www.latimes.com/news/nationworld/world/la-fg-iraq-hikers-20110922,0,6664075.story. Retrieved September 21, 2011. 
45. ^ Zuta, Rutie (September 27, 2011). "Israeli father of released U.S. hiker says his son is 'faring well'". Haaretz (Jerusalem). http://www.haaretz.com/print-edition/news/israeli-father-of-released-u-s-hiker-says-his-son-is-faring-well-1.387090. Retrieved September 27, 2011. 

External links

• Free the Hikers
• Shane Bauer
• Democracy Now!: Sarah Shourd Reflects on 14 Months in Iranian Prison (video interview)