Saturday , 27 April 2024

Iran Human Rights Warns International Community of the Risk of Hasty Death Sentences and Execution of Protesters

Iran Human Rights (IHRNGO) – Islamic Republic authorities have repeatedly threatened protesters with the death penalty in recent days. Detainees have been charged and tried for security-related charges that carry the death penalty by the Revolutionary Courts.

Underlining the Islamic Republic’s history of using the death penalty to create societal fear, Iran Human Rights warns of the possibility of hasty executions without any prewarning. The organisation calls on the international community to prevent such crimes with timely action.

Iran Human Rights Director, Mahmood Amiry-Moghaddam said: “The death penalty is the Islamic Republic’s most important tool of repression. The international community must warn the government of the serious consequences of executing protesters.”

In the almost two months since the nationwide protests began in Iran, Islamic Republic authorities have once again bloodily crushed protests by killing protesters on the streets, made mass arrests and subjected detainees to torture and ill-treatment, forced false confessions and held show trials.

Defendants were deprived of the right to a lawyer of their choice and due process in the show trials at the Revolutionary Courts where they face security-related charges of moharebeh (enmity against god) and efsad-fil-arz (corruption on earth) that carry the death penalty. In many cases, their forced confessions were aired prior to the commencement of any legal proceedings, violating the right to be assumed innocent until proven guilty.

Iran Human Rights once again reiterates that the political cost of issuing the death penalty for protesters should be raised so high by the international community that the Islamic Republic authorities cannot use the inhuman punishment.

These are the names and charges against nine protesters that have been officially reported by the Islamic Republic. The number of protesters charged with capital punishment crimes are believed to be higher.

  1. Manouchehr Mehman Navaz: Tried for “arson of buildings with the intention of opposing the Islamic government with moharebeh (enmity against god) punishment” for throwing Molotov cocktails at a Karaj government building, “assembly and collusion against national security” and “disrupting public order and security by creating controversy and commotion” and “participating in illegal gatherings” by Branch 28 of the Tehran Revolutionary Court, presided over by Judge Amouzad.
  2. Mohammad Ghobadlu: Tried for “efsad-fil-arz (corruption on earth) through large-scale action against police by crashing into a car that caused the death of Sergeant Farid Karampour Hasanvand and the injury of 5 police officers by Branch 15 of the Tehran Revolutionary Court, presided over by Judge Salavati.
  3. Saman Seyedi (Yassin): Tried for “moharebeh (enmity against god) through pulling handgun and firing 3 bullets in the air” and “assembly and collusion against national security” by Branch 15 of the Tehran Revolutionary Court, presided over by Judge Salavati.
  4. Saeed Shirazi: Tried for “efsad-fil-arz (corruption on earth) through widespread incitement and encouragement of people to commit crimes against national security and order” for sharing Molotov cocktail making tutorials on Instagram by Branch 15 of the Tehran Revolutionary Court, presided over by Judge Salavati.
  5. Mohsen Rezazadeh-Gharagholu: Tried for “moharebeh (enmity against god) through participation in setting fire to public equipment in order to disturb public order and security”, “assembly and collusion against national security”, “making explosive items such as Molotov cocktails for anti-security purposes” and “throwing stones at law enforcement officers” by Branch 15 of the Tehran Revolutionary Court, presided over by Judge Salavati.
  6. Mohammad Boroughani: Tried for “moharebeh (enmity against god) through drawing a machete and attacking the Pakdasht city hall with a mob”, “arson of city hall” and “attacking and injuring a government official on duty, causing injury” by Branch 15 of the Tehran Revolutionary Court, presided over by Judge Salavati.
  7. Abolfazl Mehri Hossein Hajilu: Tried for “opposing the Islamic government by setting fire to equipment in public use in order to disrupt national order and security, with moharebeh punishment” for setting fire to 25 bins by Branch 15 of the Tehran Revolutionary Court, presided over by Judge Salavati.
  8. Mahan Sadarat-Madani: Tried for “moharebeh (enmity against god) through drawing a cold weapon (knife) in way that caused an environment of insecurity and fear”, “assembly and collusion against national security”, “setting fire to the private plaintiff’s motorbike, destroying his phone and causing intentional injury with a knife”  by Branch 26 of the Tehran Revolutionary Court, presided over by Judge Iman Afshari.
  9. Sahand Nour Mohammadzadeh: moharebeh (enmity against god) through destruction and arson of public property to disrupt national order and security and opposing the Islamic government”, “assembly and collusion against national security” and “disturbing public order and peace by participating in illegal gatherings” by Branch 29 of the Revolutionary Court.

The security-related charges of moharebehefsad-fil-arz and baghy (armed rebellion) which are under the jurisdiction of the Revolutionary Court carry the death penalty.

Article 279 of the Islamic Penal Code (IPC), moharebeh is defined as “drawing a weapon on the life, property or chastity of people or to cause terror as it creates the atmosphere of insecurity.” Article 282 sets out the punishments of “death penalty, crucifixion, amputation of right hand and left leg and banishment” which the judge has the discretion to choose per Article 283.

Article 286 defines efsad-fil-arz (corruption on earth) as the crime committed by a person “on an extensive level against the physical integrity of others, the domestic or external security, spreads lies, disrupts the national economic system, undertakes arson and destruction, disseminates poisonous, microbiological and dangerous substances, establishes corruption and prostitution centres or assists in establishing them.”

However, this article does not provide concrete definitions for the term “crime” and the scope of “extensive” for its purpose, giving judges more power to interpret the law at their own discretion. Efsad-fil-arz has been used by Revolutionary Court judges for its vague definition, particularly in cases where a death sentence would otherwise be difficult to justify based on other charges and irrefutable evidence.

Protesters who had no intention of “creating insecurity and fear” have been charged and tried for moharebeh and efsad-fil-arz when they were simply exercising their lawful and legitimate right to protest.

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