Afkari Brothers' legal action should not be overshadowed by the presidential election drama
After nearly 9 months of Vahid and Habib Afkari's continued solitary confinement, a request for a retrial was filed on Monday, June 13, for one of Afkari's imprisoned brothers, Vahid; thus, if the Supreme Court votes in favor, Vahid Afkari's case will be reviewed again in court.
A few days earlier, Saeed Afkari announced that, according to the forensic medical report, Vahid Afkari suffered injuries to his neck and hand during his detention and as a result of committing suicide in protest of physical and mental torture, and Habib Afkari suffered a fractured toe and wrist that did not heal, as well as a torn shoulder blade.
There are many ambiguities and contradictions in the case of the Afkari brothers, who were arrested during the protests in Shiraz in August 2018. The case involved 27-year-old wrestler Navid Afkari, who was sentenced to death in a non-transparent and unfair trial, and the sentence was carried out in September 2020.
Hadi Ghaemi, Director of the Human Rights Campaign in Iran, referring to the hidden corners of the Afkari brothers' case and the contradictions and illegal behavior in its trial process, said: "The Afkari brothers' case must be handled in a fair and transparent process and by referring it to a branch independent of the judicial authorities, and the judicial authorities are obligated to be accountable for all objections and ambiguities in this case."
Referring to the numerous cases of human rights violations in the judiciary under Ebrahim Raisi and at the same time, his attempt to sit in the presidential chair, Hadi Ghaemi said: "His slogans of fighting corruption and implementing justice have no relevance to Raisi's attempt to leave the judiciary with the aim of gaining power in the executive branch."
Ghaemi emphasized: "In addition to providing conditions for a fair trial in the Afkari brothers' case by referring the request for a new trial to one of the independent branches of the Supreme Court, the judicial authorities must also identify and prosecute the perpetrators and those who ordered the torture and illegal treatment of these prisoners."
According to Iranian law, a request for a retrial is filed for final court convictions, regardless of whether the conviction has been executed or not. Among the important cases in which a convicted person or his lawyer has the right to file a request for a retrial, according to Article 474 of the Criminal Procedure Code, are:
1- The verdict was based on forged documents or false testimony.
2- After the issuance of a final verdict, a new event occurs or new evidence is presented that proves the innocence of the convicted person or his lack of guilt.
3- The act committed is not a crime or the punishment imposed is more than the punishment prescribed by law; and the like.
The Human Rights Campaign in Iran calls on the judicial authorities of the Islamic Republic of Iran to release the two brothers from prison until the trial of Vahid and Habib Afkari is held.
The Human Rights Campaign in Iran holds the judiciary, led by Ebrahim Raisi, directly responsible for the illegal and inhumane treatment of the Afkari brothers, such as the countless mental and physical torture they suffered during their long-term detention and solitary confinement. While condemning the non-transparent and unfair trial process and the issuance of unjust sentences against the Afkari brothers, it calls on the Iranian judicial authorities to identify the perpetrators and those who ordered the torture of the Afkari brothers in a legal and transparent process and to provide the conditions for a fair trial in this case.
Vahid, Habib, and Navid Afkari Sangari were arrested following the August 2018 protests in Shiraz. Navid Afkari was executed in September 2018, and Vahid and Habib have also been sentenced to long prison terms. Vahid Afkari, a 36-year-old citizen, was sentenced to 25 years in prison and 74 lashes on charges of aiding in war, and Habib Afkari was sentenced to 27 years and three months in prison and 74 lashes on charges of aiding in war.
In recent days, Amnesty International launched a campaign calling for global pressure on the authorities of the Islamic Republic of Iran, including the head of the judiciary, to release Habib and Vahid Afkari. Amnesty International had emphasized that until the two prisoners are released, their conditions of detention and the treatment of prison guards must be in line with international standards.
Recently, BBC Persian revealed documents in a report that were in fact evidence of severe mental and physical torture inflicted on the Afkari brothers. According to these documents, Vahid Afkari had gone on a hunger strike with the intention of "suicide" under severe mental and physical pressure, and despite being aware of his intention to commit suicide, the prison authorities not only failed to provide the conditions to prevent this act, but also provided him with a "glass cup" that caused him to commit suicide by "cutting his throat."
After the execution of Navid Afkari and throughout the detention of Vahid and Habib, the Afkari family has repeatedly and in various ways been the voice of the imprisoned Afkari brothers' demands for justice. However, instead of listening to these demands, the judicial authorities have continuously used intimidation, threats, and various pressures against the Afkari family's demands for justice.
Not long ago, Saeed Afkari reported on his Twitter page that officers had violently treated a group of civil activists and family members who had gathered in front of Adel Abad Prison in Shiraz to protest the Afkari brothers' 280-day solitary confinement.
Source: Iran Human Rights Campaign
