The Justice Seeking for the Afkari Brothers Must Not Be Overshadowed by the Presidential Election Spectacle
Nearly nine months after Vahid and Habib Afkari continued their solitary confinement, on Monday, the 23rd of Khordad, a request for retrial for one of the imprisoned Afkari brothers, Vahid, was registered; thus, if the Supreme Court rules in favor, Vahid Afkari’s case will be reviewed again in court.
Days before this, Saeed Afkari announced that according to a forensic medical opinion, Vahid Afkari suffered neck and hand injuries during detention and as a result of a suicide attempt in protest against physical and psychological torture, and Habib Afkari also suffered a fractured toe, unhealed wrist fracture, and a torn shoulder blade.
There are many ambiguities and contradictions in the case of the Afkari brothers, who were arrested during the Mordad month protests in 1397 in Shiraz. A case in which 27-year-old wrestler Navid Afkari was sentenced to death through an opaque and unjust legal process, and this sentence was carried out in Shahrivar month of 1399.
Hadi Ghomi, director of the Human Rights Campaign in Iran, referring to the hidden aspects of the Afkari brothers’ case and the contradictions and unlawful conduct in its legal proceedings, said: “The examination of the Afkari brothers’ case should be conducted in a just and transparent process with referral to an independent branch of the judicial authorities, and judicial officials are obligated to be accountable for all objections and ambiguities in this case.”
Hadi Ghomi, referring to the multiple instances of human rights violations in the judiciary under Ebrahim Raisi’s command and simultaneously his effort to assume the presidency, said: “The slogans of fighting corruption and implementing justice by him are in no way consistent with Raesi’s effort to leave the judiciary in order to gain power in the executive branch.”
Ghomi emphasized: “Judicial authorities must provide conditions for just proceedings in the Afkari brothers’ case by referring the new retrial request to one of the independent branches of the Supreme Court, and must also identify and prosecute the perpetrators and instigators of torture and unlawful treatment of these prisoners.”
According to Iranian law, a retrial request is filed for cases of final conviction judgments by courts; whether the conviction judgment in question has been carried out or not. Among the important cases in which a convicted person or his lawyer has the right to file a retrial request, according to Article 474 of the Criminal Procedure Code, are:
1- The judgment was based on forged documents or false testimony.
2- After issuance of a final judgment, a new fact occurs or new evidence is presented that proves the innocence of the convicted person or his lack of fault.
3- The act committed is not a crime or the punishment in the judgment exceeds the punishment prescribed by law; and similar cases.
The Human Rights Campaign in Iran urges the judicial authorities of the Islamic Republic of Iran to release these two brothers from prison until the trial of Vahid and Habib Afkari is held.
The Human Rights Campaign in Iran holds the judicial authorities and Ebrahim Raisi at their head directly responsible for unlawful and inhumane conduct towards the Afkari brothers, such as countless physical and psychological torture during detention and prolonged solitary confinement of these brothers, and while condemning the opaque and unjust legal process and the issuance of unfair judgments against the Afkari brothers, it urges the Iranian judicial authorities to identify and prosecute the perpetrators and instigators of torture against the Afkari brothers in a legal and transparent process, and to create conditions for just proceedings in this case.
Vahid, Habib, and Navid Afkari were arrested following the Mordad 1397 protests in Shiraz. Navid Afkari was executed in Shahrivar month 1399, and Vahid and Habib have been sentenced to long-term imprisonment. Vahid Afkari, a 36-year-old citizen, was sentenced to 25 years in prison and 74 lashes on charges of complicity in armed rebellion, and Habib Afkari was sentenced to 27 years and three months imprisonment and enduring 74 lashes.
In recent days, Amnesty International launched a campaign calling for international pressure on the Islamic Republic of Iran authorities, including the head of the judiciary, for the release of Habib and Vahid Afkari. Amnesty International had emphasized that until the release of these two prisoners, their conditions in detention and the treatment by prison officials must comply with international standards.
Recently, BBC Persian revealed documents and evidence that actually testified to the infliction of severe physical and psychological torture on the Afkari brothers. Based on these documents, Vahid Afkari, under severe physical and psychological pressure, went on a hunger strike with the intent of “suicide,” and prison authorities, despite being aware of his suicidal intent, not only failed to provide conditions to prevent this act but also caused Vahid Afkari to attempt suicide by “throat cutting” by providing a “glass cup.”
After Navid Afkari’s execution and throughout the period of Vahid and Habib’s detention, the Afkari family has repeatedly and in various ways called for justice for their imprisoned brothers; however, instead of listening to this call for justice, judicial authorities have constantly stood against the Afkari family’s pursuit of their rights through intimidation, threats, and various forms of pressure.
Some time ago, Saeed Afkari announced on his Twitter page about the rough treatment of civil activists and family members by authorities who had gathered in front of Adeelabad Prison in Shiraz to protest the 280 days of solitary confinement of the Afkari brothers.
Source: Human Rights Campaign in Iran
