Author: Poblete Tamargo LLP

On Thursday, September 22, Congressman Mike Pompeo (R-Kan.), a member of the House Permanent Select Committee on Intelligence, offered an amendment during the Floor debate of on  H.R. 5931 – Prohibiting Future Ransom Payments to Iran Act. The measure, which passed in the House, included an amendment by Rep. Pompeo that prohibit ransom payments to any nation and sanctions Iranians responsible for holding U.S. nationals, including citizens as well as U.S. Legal Permanent Residents. 

In his remarks, Rep. Pompeo discussed the unlawful detention of Mr. Nizar Zakka, a U.S. Legal Permanent Resident and internet freedom advocate who was sentenced earlier this week to 10 years prison –  a hostage of the Iranian regime (see video embedded below).

Mr. Zakka was kidnapped after traveling to Tehran for a conference at the invitation of the Iranian government to discuss women’s empowerment and the Internet.

Rep. Pompeo released the following statement after the bill was approved by the House of Representatives: 

“Although the American people consider prohibitions on ransom payments to be U.S. policy, given the administration’s recent actions, we have to make this prohibition explicit.”

“Ransom payments put a price on the head of every American traveling abroad.  This bill prohibits the United States government from making a payment to secure the release of unjustly detained U.S. nationals or lawful residents.  Our constituents have told us this is an unacceptable use of their taxpayer dollars, and we are acting.”

More information on the detention and unjust verdict handed down against Mr. Zakka, please read more here.

See Congressman Pompeo’s remarks below;

International Law Quarterly by the International Law Section of the Florida Bar released a “Special Cuba Edition” for Fall 2016. As the United States and Cuba work on relations, those working in international law are beginning to see Cuba play a more central role in the legal realm. The Special Cuba Edition includes various articles by professional to serve as a reference on the subject.

On the issue of claims, PobleteTamargo attorney, Arthur M. Freyre writes about the U.S. Certified Claims against Cuba and the possible scenarios involving property negotiations in “Canary in the Coal Mine: An Overview of the U.S. Certified Claims Against Cuba.” Freyre writes;

The United States’ certified claims against the Cuban government are an important but often forgotten element in the debate of whether or not the embargo should continue or be lifted. How the United States and Cuba negotiate and resolve this matter will provide us with a glimpse of what the relations between these two countries will look like in the initial stages of the reestablishment of trade relations. To understand the resolution of the U.S. certified claims process, one must have a working knowledge of not only the U.S. Certified Claims Program against Cuba, but also the history of the program.

After giving us a thorough explanation of the U.S. Certified Claims programs held by the Foreign Claims Settlement Commission, Freyre goes on to examine possible outcomes for settlement of property claims against the Government of Cuba. He concludes that, “The certified claims issue serves as an indicator of how serious Cuba’s desire is to improve relations with the United States.”

The complete ILQ Special Cuba Edition by The Florida Bar International Law Section can be found below.

“Canary in the Coal Mine: An Overview of the U.S. Certified Claims Against Cuba,” can be found on Page 24.

The following news articles discuss the unlawful detention and verdict of Mr. Nizar Zakka:

• Washington Examiner –Iran Raises Stakes With 10-Year Sentence For U.S. National
• Wall Street Journal – Iran Sentences U.S. Resident to 10 Years in Prison on Spying Charges
• Reuters – Lebanese man sentenced to 10 years imprisonment in Iran: lawyer
• Radio Free Europe/Radio Liberty – Iran Sentences Lebanese IT Expert To 10 Years In Prison
• Associated Press – US resident gets 10-year Iran prison sentence
• The Washington Post – Relatives of Western prisoners in Tehran try to lobby Iranian president at the U.N.

U.S. Needs to Do More to Secure Nizar Zakka’s Unconditional Release

One year ago, as of yesterday, Internet/ICT professional Mr. Nizar Zakka was unlawfully detained by Iranian authorities on the streets of Tehran. Mr. Zakka, a U.S. Legal Permanent Resident and Lebanese national, was invited by the Iranian government to attend a conference in Tehran.

The following press release by Mr. Zakka’s U.S. lawyer, Mr. Jason Poblete, comes after Amnesty International released a second “Urgent Action” alert on the deterioration of Mr. Zakka’s health, which he has yet to receive necessary medical attention for. 

The Amnesty International “Urgent Action” alert issued on September 16, can be found here. The first “Urgent Action” alert from May 23, can be found here.

For more information on the circumstances of Mr. Zakka’s arrest, please visit the Friends of Nizar Zakka website.

The Iranian authorities regularly deny political prisoners, including prisoners of conscience, adequate medical care. Amnesty International’s research shows that the denial is often a deliberate act by the judiciary, in particular the Office of the Prosecutor, and/or the prison administration. In some cases, there is also evidence that the denial is being used as a means to extract “confessions” from political prisoners or to intimidate or punish them. Failing to provide adequate medical care to prisoners is a violation of Iran’s international human rights obligations, including under the International Covenant on Economic, Social and Cultural Rights, which guarantees “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.” The failure to provide adequate health care to prisoners may also violate the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment, including under Article 7 of the International Covenant on Civil and Political Rights, to which Iran is also a state party.