Figure 1. Picture of the Kerman Province, Southeast Iran. Source: Unsplash.
Zahedan, Iran- On 30 January 2021, Javid Dehghan was executed by Iranian forces, despite calls from Amnesty International and the UN Human Rights Office (OHCHR) to halt the process, due to serious violations of his rights under International and Iranian law. Mr Dehghan was convicted in May 2017 for ‘enmity against God’ (in Arabic: Moharebeh [1] ), due to his alleged involvement with the Jihadist group, Jaish ul-Adl [2]. Nevertheless, his conviction was based on a forced confession and he was not granted fair trial, thus resulting in his unfair execution, according to Articles 186 and 189 of the Islamic Penal Code of the Islamic Republic of Iran, and Article 6 of the International Covenant on Civil and Political Rights (ICCPR). His case seems to be part of a series of executions of Balochi people, an Iranian minority group, that Mr Dehghan was a member of.
Under the Islamic Penal Code, Articles 186 and 189, any member of a group that acts against the interest of the Islamic State by using weapons, is considered mohareb and is punished with the hadd [3] that is either the death penalty, stoning, amputation of hands or feet, or flogging. However, Article 186 also states that for the accused to be considered mohareb, his/her confession must be made 'intentionally and freely', which was not the case with Mr Dehghan. Additionally, under International Law, Article 6 of the ICCPR clearly states that the death penalty cannot be imposed if there was no fair trial conducted beforehand, whereas the sentence is limited to only the 'most serious crimes.'
Figure 2. Vakil Mosque, Shiraz, Iran. Source: Unsplash.
The 31-year-old was arrested on 5 June 2015 after being accused of participating in an attack which killed two officers of the Islamic Revolutionary Guard Corps, a branch of the Iranian Armed Forces that focuses on protecting the country’s political system. After his arrest, Mr Dehghan disappeared for three months and was held in solitary confinement in an unrevealed location, with his family and lawyer unable to contact him, which goes against Articles 3 and 11, of the Universal Declaration of Human Rights (UDHR), Article 9, paragraph 4 of the ICCPR.
He was then taken to Zahedan Central Prison in the Sistan and Baluchestan Province. For several months he was transported back and forth between these locations, a period during which he was tortured and pressured to confess. He was denied appeal several times during his five and a half years of imprisonment. In 2017, a Revolutionary Court in Zahedan sentenced him to death, under Article 14 of the Islamic Criminal Code, for the murders of the two officers. On 25 January 2018, the Supreme Court rejected another request for judicial review by Mr Dehghan’s lawyer.
Figure 3. Photo of the Sistan and Baluchestan Province, Southeast Iran. Source: Unsplash.
Since mid-December 2020, at least 21 Balochi prisoners have been executed for convictions that are related to abuse and smuggling of drugs, thus not falling under the category of 'most serious crimes.' The Sistan and Baluchestan Province is located on the Iran-Afghanistan and Pakistan Borders. Afghanistan is known for producing opium and for having developed drug trading relations with Pakistan. It is not a surprise then that unrest due to drug smuggling has been spotted in the province, as well as gangs and separatist militants.
The execution of Mr Dehghan, along with many others from the Baloch minority group, has sparked concerns that the Iranian government wishes to eradicate religious groups, said Ravina Shamdasani, spokesperson for the Office of the High Commissioner for Human Rights (OHCHR). The Office also tweeted on January 29 that it condemned “the series of executions” and urged “the authorities to halt the imminent execution of Javid Dehghan”. Kurdish and Ahwazi Arab minority groups also seem to be at risk. The Islamic State’s continuous unfair trials and disregard towards Local and International Law must be met with drastic actions from international organisations.
[1] According to the Islamic Penal Code of the Islamic State of Iran, Article 183, a person is considered mohareb when he/she “resorts to weapons to cause terror and fear or to breach security and freedom.”
[2] Salafi jihadist militant organization that is thought to be linked with Al-Qaeda. The organization’s name translates to “Army of Justice.”
[3] Punishments that, under the Islamic law, are mandated by God.
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