24 Jul 24 | Iran, Middle East and North Africa, News and features, Press Releases
Doughty Street Chambers, Index on Censorship and Human Rights Foundation jointly submitted a complaint to the United Nations Working Group on Arbitrary Detention (UNWGAD) regarding the ongoing detention and mistreatment of Iranian rapper, Toomaj Salehi. The complaint was submitted on behalf of Mr Salehi’s family.
The complaint raises the Iranian government’s failure to comply with its international legal obligations in its treatment of Mr Salehi. Mr Salehi was first detained for his art in October 2022, and has since been repeatedly arrested on overlapping and shifting charges. During his time in custody, Mr Salehi has endured: physical torture that left him with a broken arm and leg and a fractured rib, amongst other injuries; nearly 300 days’ incommunicado detention without access to his family or legal representatives; significant delays in charges being communicated to Mr Salehi; significant restrictions on his lawyers’ access to documentation related to his charges; and failure to comply with basic due process requirements in his repeated arrests. Mr Salehi was briefly released on bail in November 2023, but was rearrested only days later and prevented from accessing medical treatment for injuries suffered in prison.
Mr Salehi’s treatment amounts to judicial harassment. In April 2024, he was sentenced to death for alleged crimes including “corruption on earth,” which arose from him using his music and his voice to support Iranian women following the death of Mahsa Amini while in custody of Iran’s morality police. Mr Salehi’s death sentence was overturned by Iran’s Supreme Court on 22 June 2024, on the grounds that it was contrary to Iranian law and excessive.
However, Mr Salehi remains in custody. His case is now before Branch 5 of the Revolutionary Court in Isfahan, with the guidance that the court cannot reassert the death sentence or impose a sentence longer than six years’ imprisonment. Since his case was returned to that Court, Iranian authorities have announced that two new cases had been filed against him: (i) propaganda against the regime and incitement of the public to murder and violence, which has been referred to the Revolutionary Court, and (ii) insulting sacred values and spreading falsehoods, which has been sent to the Criminal Court nr. II. Both cases appear to arise from Mr Salehi’s rap songs and his calls for greater freedoms for Iranian people.
Iran frequently uses arbitrary detention, torture, and executions to silence dissent. We stand by what we said on 22 June 2024: any further period of imprisonment would be a grave injustice. Mr Salehi has done nothing other than to call for his, and other Iranians’, fundamental rights to be respected. He must be free to continue using his voice, and to seek the medical care he needs following his imprisonment.
Mr Salehi’s cousin, Arezou Eghbali Babadi said:
Despite the overturning of Toomaj’s death sentence, authorities aim to keep him imprisoned long-term. They often use cruel tactics, such as re-accusing prisoners of baseless charges to break them mentally and instil fear in others seeking freedom. These actions are part of an ongoing strategy of targeting the innocent lives of all Iranians fighting for democracy and justice. All accusations against Toomaj are baseless, and he must be freed immediately.
Toomaj’s friend and manager of his social media accounts, Negin Niknaam said:
Fabricating cases and making baseless charges against Toomaj Salehi, even though he has been imprisoned for over 20 months, has only one meaning: Since the Islamic Republic was unable to execute him following global outrage, it is now attempting to keep him in prison or pressuring him into silence. This is not an individual act of suppression, but systematic suppression aimed at silencing and isolating dissidents. With each passing day, Toomaj’s life is being destroyed behind bars. The Iranian regime must be held accountable for the violence it commits against dissidents. They must put an end to this psychological torture inflicted on Toomaj and his loved ones. He must be freed.
Jemimah Steinfeld, CEO of Index on Censorship, said:
The ongoing persecution of Toomaj Salehi is a stain on Iran. These new charges and the ill treatment he has received are an affront to basic human rights. Iran now has a new president, a man who has been positioned as a “moderate”. We implore him to free Toomaj Salehi and indeed all others wrongfully imprisoned for exercising their free speech rights. In the meantime, our thoughts are with him and his family – they have been through enough and we can only hope this extremely traumatic period will come to an end soon.
Claudia Bennett, a legal and programs officer, Human Rights Foundation said:
Salehi is serving sentence after sentence with no end in sight. The Iranian regime knows the impact he has on the Iranian people and is willing to do whatever it takes to keep him in detention. The countless charges against Salehi show that they will go to extreme lengths to squash dissent. But enough is enough. Art is a human right, and supporting gender equality is not a crime.
Caoilfhionn Gallagher KC, international counsel for Mr Salehi’s family, Index on Censorship, and the Human Rights Foundation said:
Toomaj Salehi is a brave and brilliant artist, who uses his words and his music to stand up to the Iranian authorities’ abuses. The years of torture, imprisonment, and judicial harassment that he has endured have been the result of peaceful actions that have brought hope and inspiration to people in Iran and around the world – and him exercising his right to freedom of expression.
When the death sentence was overturned the international community celebrated. But now it is vital that the international community does not look away whilst the Iranian authorities continue to flagrantly violate Mr Salehi’s rights. The authorities are abusing judicial procedures to attempt to silence him and keep him locked away. Mr Salehi’s continuing detention is arbitrary and unlawful. He should be immediately and unconditionally released.
*ENDS*
NOTES TO EDITORS
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22 Jun 24 | Iran, News and features
Today, 22 June 2024, Iran’s Supreme Court overturned the death sentence handed down in the case of rapper Toomaj Salehi on the basis that it was contrary to Iranian law and excessive. Salehi had been sentenced to death for alleged crimes including “corruption on earth,” but his conviction and sentence arose from him using his music and his voice to stand in support of Iranian women and to speak out about his treatment in prison. The Supreme Court’s decision means that Salehi will not be executed for exercising his fundamental rights.
This verdict is the culmination of more than three years of judicial harassment – including arrest, imprisonment, and torture – directed at Salehi, whose music and activism have supported protest movements across Iran, called out corruption, and pursued greater human rights for all Iranians.
The decision to sentence Salehi to death was handed down by Branch 1 of the Isfahan Revolutionary Court on 23 April 2024. His death sentence was handed down for crimes including “participating in rebelling against state”, “gathering and colluding against national security”, and “propaganda against state”. The charges were said to amount to “corruption on earth” which is punishable by death under the Islamic Penal Code. The ruling also includes a two-year travel ban and a two-year ban on practicing art. The verdict flew in the face of the principles underpinning a functional and independent judiciary.
On 3 May 2024 an urgent appeal was filed with two United Nations Special Rapporteurs by an international legal team at Doughty Street Chambers, on behalf of the family of Toomaj Salehi and Index on Censorship. The legal team, Index on Censorship and the family are now working together with the Human Rights Foundation to ensure protection of Salehi’s rights.
Index on Censorship, the Human Rights Foundation and Salehi’s international legal team at Doughty Street Chambers welcomes today’s decision by the Supreme Court. It is a clear demonstration of the injustice of the lower court decision, and we are delighted that Salehi no longer faces the threat of execution. The Supreme Court found that the death sentence delivered to Salehi was excessive and failed to comply with Iranian law.
Whilst the Supreme Court’s decision is an important correction to Salehi’s cruel and unlawful treatment, it is critical that his rights are properly respected. Salehi’s case has been returned to Branch 1 of the Isfahan Revolutionary Court for resentencing. Even a shorter period of imprisonment would be an injustice: Salehi has done nothing other than to call for his, and other Iranians’, fundamental rights to be respected. He must be free to continue his music and seek the necessary medical care he needs following his imprisonment, free of any continued imprisonment, harassment or persecution.
Background:
Salehi, who was Index’s 2023 Freedom of Expression arts award winner, was first taken into custody on 30 October 2022, after posting videos of himself protesting. After an extended period of pre-trial detention, including significant time spent in solitary confinement, Salehi was sentenced to six years and three months in prison for “corruption on earth,” as well as being banned from leaving Iran for two years. He was also banned from preparing, singing and producing music for two years.
In November 2023, Iran’s Supreme Court struck down Salehi’s six-year prison sentence and referred the case back to the court of first instance. It has since held that that sentence was excessive and unlawful. On 18 November, Salehi was released on bail only to be rearrested days later, after he uploaded a video to YouTube documenting his treatment while in detention. On 18 April 2024, Branch 1 of the Isfahan Revolutionary Court held a new trial for Salehi following the Supreme Court’s earlier decision. Nearly a week later, on 23 April, the court sentenced Salehi to death.
Responding to today’s Supreme Court ruling, Salehi’s cousin, Arezou Eghbali Babadi, and his friend and manager of his social media accounts, Negin Niknaam, made a joint statement, saying:
“The international community’s solidarity and support have played a crucial role in the release of Toomaj Salehi. We extend our heartfelt gratitude to all who contributed in any way to this outcome. However, we must not lose sight of the unlawful and oppressive rules that continue to exert severe psychological pressure on freedom seekers, their families, and society as a whole in Iran.
While we urge for Toomaj’s unconditional freedom and look forward to seeing him as soon as possible, we cannot forget the injustices we faced during this period. Our struggle continues as we seek justice for those prisoners who remain under the threat of the death sentence. It is imperative that we remain vigilant and persistent in our efforts to support all who bravely stand against oppression and demand a just and fair legal system in Iran.”
Jemimah Steinfeld, CEO of Index on Censorship, said:
“While of course we welcome the Supreme Court’s decision today it should not have been needed as Toomaj should never have been arrested in the first place. His courageous music, standing for women and fighting for the rights of everyone in Iran should be celebrated. Instead the Iranian authorities have done everything they can to target, isolate and persecute Toomaj. We hope that this decision today will allow Toomaj to seek the medical treatment he needs and continue his vital work. And we’d like to take this moment to highlight all the others who remain imprisoned in Iran simply for calling for freedom. We call on Iran to release them immediately.”
Claudia Bennett, a legal and programs officer, Human Rights Foundation, said:
“Toomaj’s case is emblematic of the brutality of dictatorships. They use arbitrary detention to silence dissidents and those advocating for democracy and human rights. Toomaj’s crime was singing a song and posting on social media. Something that we in democracies take for granted.”
Caoilfhionn Gallagher KC, international counsel for Salehi’s family, Index on Censorship, and the Human Rights Foundation, added:
“Toomaj Salehi uses his powerful art – his rapping, his music, his words – to support human rights, democracy and freedom for the Iranian people. For this, the Iranian authorities have targeted him for years, attempting to silence him through arrests, imprisonment, torture, assaults, and even a death sentence.
The Iranian Supreme Court’s decision is a welcome correction to the most recent injustice imposed on Salehi, and we welcome the fact that his life has been spared. But this is not enough. Salehi’s immediate and unconditional release must follow. We urge the international community to keep the pressure up at this critical time, to secure Salehi’s freedom and hold Iran to account for its egregious violations of international human rights law.”
Further details of the urgent appeal to the UN Special Rapporteurs are available here.
Any press queries for Index on Censorship should be directed to Jemimah Steinfeld on [email protected].
Any press queries for the Human Rights Foundation should be directed to [email protected].
Any press queries for the international legal team should be directed to [email protected] or [email protected].
More background about Toomaj Salehi is available on social media, at @OfficialToomaj (X) and @ToomajOfficial (Instagram). More details of the campaign can be found at #FreeToomaj.
13 Jun 24 | Iran, News and features, Statements
We are dismayed to learn that the Iranian activist, artist, and cartoonist Atena Farghadani has been sentenced to a total of six years in prison; five years for “insulting the sacred” and one year for “propaganda against the State”. This sentence was handed down by the Islamic Republic of Iran’s Revolutionary Court on Monday, June 10, as confirmed by lawyer Mohammad Moghimi via social media. The maximum penalties are indicative of the Iranian regime’s long-standing determination to persecute and silence this courageous rights defender.
Atena Farghadani had been detained since 13 April 2024 after attempting to display a drawing in a public space, not far from the presidential palace in Tehran. Over the past decade, she has been regularly monitored and harassed due to her art and activities opposing the repression of rights in Iran, especially those of women and children.
Previously jailed in 2014-16, and again for a short period last summer, Atena Farghadani risks coming to harm within the penal system. In 2023 she alleged an attempted poisoning. At the time of her arrest this year she reported that she suffered severe injuries from Iranian Revolutionary Guard Corps (IRGC) personnel.
Artwork by Atena Farghadani was recently exhibited in Norway, at the sixteenth Oslo Forum for Freedom (OFF) organized by the Human Rights Foundation, dedicated to “reclaiming democracy”. In the presence of human rights defenders from around the world, Atena Farghadani’s representative Mohammad Moghimi ensured that her voice was heard, a voice that is both brave and righteous, and is targeted because she dares to defy oppression and injustice in her country.
Our organizations call for her immediate release and that she be returned to her family unharmed.
Signatories:
Africartoons
Artists at Risk Connection (ARC)
Association of Canadian Cartoonists
Cartooning for Peace
Cartoon Movement
Cartoonists Rights
Committee to Protect Journalists (CPJ)
Forum for Humor and the Law
Freedom Cartoonists Foundation
Freemuse
Index on Censorship
Professional Cartoonists’ Organisation
