Detention of Ghafour Borham, a citizen of Oshnavieh to serve his term of Imprisonment

Human Rights in Iran – On Saturday, May 9th 2020, Ghafour Borham, a citizen living in Oshnavieh county, was arrested and transferred to the prison of this county to serve his 11-year sentence.

According to Human Rights in Iran, May 9th 2020, Ghafour Borham, son of Karim, a citizen living in Amir Abad village located in Oshnavieh county, was arrested and transferred to Oshnavieh Prison to serve his 11 years sentence. By applying the Article 134 of the Islamic Penal Code, 5 years of the total of 11 years imprisonment will be carried out for Ghafour Borham.

In July 2018, Ghafour Borham was tried by Oshnavieh Public and Revolutionary Prosecutor’s Office without access to lawyer on the charge of ” taking action against national security through collusion and conspiracy ” which was sentenced to 5 years in prison. Also he was sentenced to a further 5-year prison sentence on the charge of ” carrying and storing illegal weapon “. As well, he was sentenced to 1 year in prison for ” illegal traffic across the border ” which the sentence was upheld by the branch 1 of Court of Appeals in W Azerbaijan province on September 4th 2019.

This resident of Oshnavieh county was arrested by security forces in November 2017, and after enduring more than 4 months in solitary confinement and 2 months interrogation in Al-Mahdi detention center of Urmia Intelligence Department was released temporarily on a 250 million Tomans bail.

Individuals have the right to access a fair trial by an impartial tribunal, as enshrined in international human rights instruments, as well as article 10 of the UDHR and article 14 of ICCPR.

In most cases, the extrajudicial and arbitrary detention of individuals with vage and dubious accusations are in the line of suppression of Freedom of Expression and opinion, which in International Instrument of Human Rights, in Article 19 of Universal Declaration of Human Rights, as well as in Article 19 of International Covenant on Civil and Political Rights, adopted on December 16th 1966, there is emphasis on not suppressing of the individuals because of Freedom of Expression and opinion. Regarding the Principle of Freedom of Expression, every individual has the right to express his/her opinions and viewpoints in any way possible, without considering border restrictions.

Article 5 of the Criminal Procedure Code stipulates that the accused shall be informed of the charges and provide access to a lawyer as soon as possible. Other defensive rights are mentioned in law, but extrajudicial actions taken by the security services violate the laws that they themselves drafted and claim to be enforced.

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