Dire Physical and Psychological Condition of Payam Darfshan in Evin Prison
Saeid Dehqan, lawyer of Payam Darfshan, a detained attorney, expressed concern in an interview with Human Rights Campaign in Iran about his client’s physical and psychological condition in prison, stating that he is not in good physical and psychological health and should be hospitalized in a specialized hospital for treatment.
Mr. Dehqan simultaneously announced the reduction of his client’s sentence based on the new law on reducing discretionary imprisonment penalties, expressing hope that the Supreme Court will approve his request for retrial.
Payam Darfshan is an attorney representing a number of political and civil prisoners in Iran who was arrested on August 30, 2018 at the residence of Arash Keykhosravi, another attorney who was in custody at that time, and was released on bail on September 6 of the same year. Mr. Darfshan was sentenced by the first branch of the Karaj Revolutionary Court to two years in prison and two years deprivation of the right to practice law on charges of insulting the leadership, which according to Saeid Dehqan’s account to the campaign, the appeals court overturned. However, this attorney was arrested again on June 9, 2020 and was sentenced to two years and six months in prison by branch 26 of the Revolutionary Court. He is currently in Evin Prison.
Saeid Dehqan, Payam Darfshan’s lawyer, explained his client’s case in an interview with the campaign: “After consulting with my colleague Mr. Abouzar Nasrollahi, with whom we jointly represent Mr. Darfshan’s case, we concluded that given the many legal problems the case has, the most important action at present is to file for retrial for final review in the Supreme Court. Especially since his current imprisonment sentence was based on spreading false information with the intent to disturb public opinion due to discussion of the joint case of myself and Payam regarding Fateme Khoshsefid (Sehar Tebar), and we have official evidence that Ms. Khoshsefid contracted coronavirus. Therefore, Mr. Darfshan did not publish false information deserving punishment. For this reason, we hope for the result of retrial in the Supreme Court. Simultaneously with the retrial in the Supreme Court, citing sections of the Islamic Penal Code and also the new law on reducing discretionary imprisonment penalties, not only was the punishment for one of his charges (propaganda against the system) revoked, but as a result, the final and enforceable punishment, according to the appeals court ruling, was reduced to two years.”
Mr. Dehqan explained the new law on reducing discretionary imprisonment penalties: “This law, which we are now citing and using for many of our clients, was proposed by attorneys such as Mahmoud Sadeqhi as a bill in parliament, which in a way was in line with macro policies in five-year programs related to decarceration. While this measure has been accompanied and continues to be accompanied by weaknesses in drafting and implementation, it was necessary overall. Of course, it came very late, since the discretionary penalties section of the Islamic Penal Code dates back to 1996 (that is, 24 years ago) and has many weaknesses. Of course, the focus was on imprisonment at that time. The new law on reducing discretionary imprisonment penalties in cases of files that have the capacity for reduction must be reduced and is mandatory. However, in political and ideological cases (or as security officials say) restrictions have been placed in this law, including judicial discretion, which practically creates problems and obstacles.”
Payam Darfshan informed media outlets, including Human Rights Campaign in Iran, about his client Sehar Tebar’s contraction of coronavirus in Qarchak Varamin Prison and warned about his condition. This issue led to a prison sentence for him on charges of propaganda against the system and spreading false information. Although with the follow-up of his lawyers, he was acquitted of the charge of propaganda against the system.
Saeid Dehqan, expressing concern about his client’s condition in Evin Prison, told the campaign that Mr. Darfshan is not in good physical and psychological health and should receive treatment in a specialized hospital. For this reason, we are simultaneously pursuing his medical leave.
Source: Human Rights Campaign
