Political Prisoners: They never should have been arrested

Global Movement News

May 31, 2021

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A Statement by Supporters of Iranian Political Prisoners in Europe

"Propaganda against the state". That's one of the most frequent charges in politically-motivated imprisonments in the Islamic Republic of Iran. Translated, it means: Thinking is forbidden and talking about your thoughts is a crime. According to the Islamic Republic, those who think differently and even worse, those who think in opposition to the Regime, are a threat to its "national security." Additionally, if these thoughts are not in accordance with Sharia law, the people holding those thoughts are doubly criminalized.

Iran’s Islamic Republic is a theocratic regime and the religious beliefs of the ruling elite are meticulously written into law. Moreover, interpretation of this law is itself a haphazard affair because there are several schools of interpretation of Sharia law and each has its own clerical authority and all of these sects have control of their own jurisdictions.

This situation makes even a pretense of the rule of law impossible, because the constitution and whatever rights which might be inscribed in that constitution are in a constant state of being interpreted and re-interpreted through the prism of Sharia law.  So there is no rule of law. There is no due process. And the prisoner is presumed to be guilty, and on the basis of this presumption of guilt, the prisoner is arrested.

After the arrest, prisoners are completely at the mercy of the whims of their interrogators. The lack of Habeas Corpus means prisoners do not have the right to appear before a court immediately and do not have the right to a lawyer.

Interrogations begin with prisoners having no contact to the outside world.  They are often accompanied by physical torture and always paired with the psychological “white torture” of isolation and sensory deprivation. In the case of women, it is accompanied by verbal and different degrees of physical sexual abuse.

This behavior is sanctioned by Sharia law as well, because according to Sharia law, a prisoner has the status of a slave who is to be used and abused.

Some prisoners are tortured by being held in solitary confinement for months and even years, blindfolded when they leave their cells, kept under 24-hour video surveillance, and subject to inhuman conditions such as sleeping on the hard stone floors of their cells without pillows.  They are often denied access to medical care.  All this is designed to destroy prisoners physically and mentally.

This whole process is meant to produce "evidence" in the form of wrenching "confessions" from prisoners. Even when enough real evidence of a prisoner’s thinking, writing, and activities are seized in raids to demonstrate their opposition to the regime, the torture keeps going.  Why? Because the goal is to prove not only the prisoner’s guilt, but his or her "sinfulness.". This is related to Sharia law. Torturing the prisoner has two goals: one is to extract information and the other is to "break" the prisoner and, as the Sharia puts it, to bring them to do "tobeh,” to admit their regret for having violated the Sharia.

Once the interrogations are over and a dossier or a case file is created, the case is taken to the court. Until then, prisoners usually have no access to an independent lawyer. A few days - sometimes hours - before the trial, their lawyer is allowed to inspect the case files. These files may only be read in the courthouse and in the presence of security officers. In some cases, lawyers are not admitted to court at all, and trials even take place without the accused being present. Iran’s judicial processes are a sham because the judgments have been made by prosecutors and interrogators – Iran’s judges are not independent -- before the case even comes to court. And these can be extremely harsh judgments which often include cruel punishments like lashings or even execution.

The Iranian judicial system rejects and acts in opposition to the principle of “innocent until proven guilty.”  In fact, there can be no just society without the rule of law; there can be no rule of law without due process of law; and there can be no due process of law without the presumption of innocence!

All of this points to the fact that these political prisoners should never have been arrested. They are heroes who have stood up for others. They should be celebrated, not behind bars.

Therefore, the only just remedy is:

Immediate and unconditional freedom for all political prisoners in Iran!

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