Toomaj Salehi was released

Human Rights in Iran – Sunday, November 19, 2023 – Toomaj Salehi was released after a petition for a retrial was approved.

According to the report of Human Rights in Iran, quoted from Sharq, on Saturday, November 18, 2023, Toomaj Salehi, a singer and one of the detainees of nationwide protests of 2022, imprisoned in Dastgerd (Central) Prison of Isfahan Province, was released on bail until the final ruling is issued by the Court of Appeal of Isfahan Province, after the request for retrial was approved in the branch 39 of the Supreme Court of the country and the cancellation of the preliminary ruling. He was previously sentenced to 6 years and 3 months in prison by the Revolutionary Court of Isfahan.

Amir Ra’isian, Toomaj Salehi’s defense lawyer, describing the news, said: “Following the appeal, the case was tried in Branch 39 of the Supreme Court, and finally, due to numerous flaws in the initial court case, some of these defects were accepted by the Supreme Court, and after the verdict was overturned, the case was returned to Branch One of the Revolutionary Court of Isfahan.

“The Supreme Court also considered Toomaj Salehi to be like other people who were subject to the declaration of forgiveness circular and announced that he too could use a declaration”, he continued.

At the end of his remarks, the lawyer said that Toomaj Salehi was released on bail on Saturday, adding: “Although Toomaj Salehi included a circular of clemency and should have been dismissed without bail, his case should be resolved, given that the flaws that have been introduced by Branch 39 of the Supreme Court should be resolved. Branch One of the Revolutionary Court of Isfahan decided to convert Salehi’s provision to bail for now, and as a result, he was released from Isfahan Prison today.”

It should be noted that on May 7, 2023, a retrial hearing into the case of Toomaj Salehi was held in the Revolutionary Prosecutor’s Office of Isfahan by videoconference, and Toomaj Salehi presented his defense to the investigating magistrate of his case, and on July 2, 2023, he was tried by Branch 1 of the Revolutionary Court of Isfahan, represented by Amir Ra’isian, Toomaj’s lawyer. Toomaj Salehi was sentenced to 6 years and 3 months in prison on the charges “insulting the founder of the Islamic Republic”, “insulting the Leadership”, and “having relations with hostile governments”. He was also sentenced to a ban on leaving the country as a supplementary punishment.

Also, on October 30, 2022, Seyed Mohammad Mousavian, the Public and Revolutionary Prosecutor of Isfahan Province, stated that the reason for the arrest of this music activist was “propaganda activity against the system”, “cooperation with hostile governments” and the “formation of an illegal group with the intention of disrupting the country’s security”, and further claimed that the defendant played a key role in causing disturbances and inviting and encouraging recent riots in Isfahan Province and in Shahinshahr City. But Amir Ra’isian, the lawyer for Toomaj Salehi, had referred to his client’s accusations as “corruption on earth”, “propaganda against the system”, “cooperation with hostile governments”, “invitation to massacre and riot”, and “insulting the Leadership”.

Toomaj Salehi was arrested by the security forces on November 30, 2022 and was transferred to the detention center of one of the security agencies in Isfahan Province for interrogation and filing a case.  While he was deprived of the basic rights of a defendant to have access to his desired lawyer, after going through the stages of interrogation and then investigation, by referring his case to the Revolutionary Court of Isfahan Province, on November 26, 2022, he appeared in the first session of his trial and after receiving his charge, he was sent back to Isfahan Prison.

After that, on December 29, 2022, Amir Ra’isian, a lawyer, while announcing the acceptance of his request for representation in the case of Toomaj Salehi, explained the situation of his client: “We have sent our comments to the branch in the form of a bill. We also sent the opinions of the Guardian Council and the Legal Department of the Judiciary to the branch so that we would be allowed to announce our representation, which finally happened yesterday.”

The suppression of freedom of expression and the prevention of dissemination of ideas and views within a society violates Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights adopted on 16 December 1966. The provisions of the law affirm the right of individuals to disseminate political and ideological ideas، opinions، and views without limitation of borders.

Arbitrary arrest, indeterminate detention of the accused, preventing access to a lawyer of his/her choice during interrogation, investigation and trial, and preventing access to other essentials in a judicial process, violates Article 9 of the Universal Declaration of Human Rights and Article 9 of the International Covenant  Civil and political rights adopted on December 16, 1966.

Also, the enjoyment of the right of a fair trial by a judge, interrogator and impartial interrogator is one of the rights which are emphasized in Article 10 of the Universal Declaration of Human Rights.

Article 5 of the Code of Criminal Procedure emphasizes that the defendant be informed as soon as possible of the charges against him/her and provide him/her with access to a lawyer and other defense rights mentioned in the law.

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