Faraj Sarkuhi was arrested in February 1997 for attempting to leave Iran illegally (AFP 11 Sept. 1997, 24 June 1997; The Economist 30 June 1997; DPA 4 Feb. 1997, 20 Sept. 1997). Sarkuhi was the editor of Adineh magazine (ibid.; TASS 21 Sept. 1997; IRNA 20 Sept. 1997).

Before Sarkuhi's conviction was announced, several sources reported that he had been accused of spying (Chicago Tribune 21 Mar. 1997, Al-Hayat 2 July 1997, AP 6 Aug. 1997). Muhammad Yazdi, the chief justice of Iran, reportedly stated in June 1997 that Sarkuhi had been charged with espionage and attempting to illegally leave Iran (AFP 24 June 1997, 11 Sept. 1997; AP 27 June 1997). AP attributes the accusation to "Iranian authorities" (ibid.). Yazdi is also quoted as stating that Sarkuhi had "sent confidential material abroad" (The Economist 30 June 1997). Yazdi added that, because Sarkuhi was charged with espionage, his trial could be held in secret without the presence of foreign observers (AFP 24 June 1997). According to the Iranian news agency IRNA, however, "the trial was held behind closed doors at Sarkuhi's request" (20 Sept. 1997).

Sarkuhi was convicted in an Iranian court in September 1997 and sentenced to one year in prison (IRNA 20 Sept. 1997; Frankfurter Rundschau 19 Sept. 1997; AFP 26 Sept. 1997; TASS 21 Sept. 1997) for "secret contacts with representatives from European countries and activities undermining state security" (ibid.). AFP reported that he had been convicted of spreading negative propaganda about Iran and harming the country's security (26 Sept. 1997). According to the Iranian news agency IRNA, Sarkuhi was "found guilty of having secret contacts with some European nationals and involvement in [an] anti-state propaganda campaign" (20 Sept. 1997). According to an article in Frankfurter Rundschau, Sarkuhi called his wife in Germany on 18 September 1997 to tell her that he had been sentenced to one year in prison for spreading anti-Iran propaganda. Sarkuhi reportedly stated that time already served since his arrest in February 1997 was to be included in the sentence (ibid.).However, according to DPA reports at that time, "Iranian state sources" had said that the sentencing marked only first stage of Sarkuhi's trial; the second stage was to begin soon, it was reported (ibid.). A later DPA dispatch of 20 September 1997 reports that the one year sentence with remission for time served had been confirmed by Iranian judges. Please see the attached text of the 20 September 1997 DPA dispatch for more details.

For information on the reaction of two Iranian journalists to Sarkuhi's arrest and their discussion of the political background to the accusations against Sarkuhi, please see the attached text of a 1-2 February 1997 article in the German newspaper Die Tageszeitung.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Agence France Presse (AFP). 26 September 1997. "Article XIX proteste contre l'emprisonnement de l'écrivain Faraj Sarkuhi." (NEXIS)

_____. 11 September 1997. "Iran 'Surprised' by Kinkel Remarks on Dissident Writer." (NEXIS)

_____. [Paris, in English]. 24 June 1997. "Iran: Further on Espionage Trial of Iranian Dissident Writer." (FBIS-NES-97-175 24 June 1997/WNC)

Al-Hayat [London, in Arabic]. 27 June 1997. "Germany Rejects Return of EU Envoys; Seeks Observer Role in Writer's Trial." (BBC Summary 2 July 1997/NEXIS)

Associated Press (AP). 6 August 1997. "Germany Urged to Press for Public Trial of Iranian Dissident." (NEXIS)

_____. 27 June 1997. "Germany Demands Public Trial for Dissident Iranian Writer." (NEXIS)

Chicago Tribune. 21 March 1997. Ray Moseley. "Europe's 'Dialogue' with Iran Hangs in Justice's Balance; Germans to Rule in Slayings Tehran May Have Ordered." (NEXIS)

Deutsche Presse-Agentur (DPA). 20 September 1997. BC Cycle. "Iran Confirms Prison Sentence for Dissident Writer." (NEXIS)

_____. 4 February 1997. BC Cycle. "Arrest of Sarkuhi Confirmed by Iranian Police Official, says IRNA." (NEXIS)

The Economist. 30 June 1997. "Iran Politics: Writer on Trial." (NEXIS)

Frankfurter Rundschau [Frankfurt/Main, in German]. 19 September 1997. Karl-Heinz Baum. "Sarkuhi Reports His Sentencing in Iran." (FBIS-WEU-97-262 19 Sept. 1997/WNC)

IRNA [Tehran, in English]. 20 September 1997. "Iran: Editor Sentenced to Year's Jail for 'Anti-State Propaganda." (FBIS-NES-97-263 20 Sept. 1997/WNC)

TASS. 21 September 1997. Konstantin Kazeyev. "Iran Journalist Sentenced to 1 Year, Escapes Death Penalty." (NEXIS)

Deutsche Presse-Agentur (DPA). 20 September 1997. BC Cycle. "Iran Confirms Prison Sentence for Dissident Writer." (NEXIS)

Die Tageszeitung [Berlin, in German]. 1-2 February 1997. Dr/Pj. "Bonn Wants to Intervene on Sarkuhi's Behalf." (FBIS-WEU-97-023 2 Feb. 1997/WNC)