Iran should halt execution of Kurdish prisoner: UN rights consultants
Their attraction follows critical considerations that Heidar Ghorbani didn’t obtain a good trial and was tortured throughout pre-trial detention.
He was arrested in October 2016 in reference to the alleged killing of three males affiliated to Basij paramilitary forces and no info was supplied to Mr. Ghorbani’s household on his whereabouts till three months later.
In an announcement, the rights consultants stated that they have been “significantly involved” that the 48-year previous’s confession was compelled because of torture and ill-treatment.
In addition they expressed considerations that he had been denied entry to a lawyer in the course of the investigation, and that later his legal professional didn’t have full entry to his case file in the course of the trial.
“Allegations of torture and confessions extracted beneath duress are extraordinarily regarding, as is the truth that these allegations didn’t result in any investigation and seem to not have been thought of by the Court docket throughout his trial”, the consultants stated.
Charging, convicting and sentencing
In October 2019, a Legal Court docket convicted Mr. Ghorbani of aiding and abetting homicide, tried kidnapping and aiding the perpetrators of the assault to flee.
He was sentenced to 118 years and 6 months in jail.
The next January, a Revolutionary Court docket in Kurdistan Province convicted him of an armed revolt in opposition to the State, known as baghi, and sentenced him to dying – regardless of the courtroom’s acknowledgement within the verdict that Mr. Ghorbani was by no means armed.
Iran’s Legal Code stipulates that to determine the crime of baghi, the defendant should be a member of an armed group and personally resort to arms.
Throughout his trial, Mr. Ghorbani denied all costs, stating that he was not a member of a Kurdish political group and by no means had a weapon when the victims have been killed, the rights consultants famous.
In August 2020, Iran’s Supreme Court docket upheld the dying sentence and rejected Mr. Ghorbani’s requests for a judicial overview in September 2020 and once more in August 2021.
His sentence could also be carried out at any time.
Under authorized threshold
“Many foundational ensures of honest trial and due course of enshrined in worldwide human rights regulation seem to have been violated”, the unbiased human rights consultants stated.
They described it “regrettable” that the Authorities continues to difficulty dying sentences and “significantly regarding” when the crimes don’t meet the edge as required by worldwide regulation.
Furthermore, the consultants discovered it troubling that “courts proceed to difficulty dying sentences in trials that not solely breach worldwide honest trial requirements, however even home regulation and due course of ensures”.
We name on Iran to impose an instantaneous moratorium on executions — UN consultants
“As soon as once more, we name on Iran to impose an instantaneous moratorium on executions and commute all dying sentences”, they said.
The UN consultants had beforehand raised considerations with the Authorities about dying sentence and honest trials violations in opposition to Mr. Ghorbani, which have been responded to with feedback.
Click on right here for the names of the 9 UN consultants who endorsed the assertion.
Particular Rapporteurs and unbiased consultants are appointed by the Geneva-based UN Human Rights Council to look at and report again on a selected human rights theme or a rustic state of affairs. The consultants should not UN workers, nor are they paid for his or her work.