Seven Saqqez detainees received prison sentences, fines, and additional penalties

13:12 - 16 February 2024

Seven detainees in Saqqez were sentenced by the first branch of the Revolutionary Court of Saqqez, which was presided over by Judge "Javad Mostafaei": "Hiwa Jahani," a 40-year-old son of Mohammad; "Shirko (Khaled) Hejazi," a 40-year-old son of Mohammad; "Hiwa Tataei," a 48-year-old son of Mohammad Saleh; "Safa Aili," a 27-year-old son of Abdul Rahman; "Mohammad Azad Amini," a 52-year-old son of Najm al-Din; "Samira Ahmadi," a 32-year-old daughter of Mahmoud; and "Omid Moghaddas," a 44-year-old son of Anwar.

According to paragraph C of Article 12 of the Law on Reduction of Correctional Imprisonment, Safa Aili was found guilty of three charges: "propaganda activity against the Islamic Republic of Iran system by publishing materials and images in cyberspace," which carries a sentence of seven months and sixteen days in correctional prison; "participation in assembly and collusion against internal security," which carries a sentence of fifteen months and one day in correctional imprisonment; and "insulting the leader of the Iranian government." Laws passed in 2021 stipulate that he faces the harshest punishment, which is based on how many days he was held in custody before.

The court postponed the imposition of the harshest prison sentence for three years, citing Articles 46, 49, 52, and 54 of the aforementioned law and Article 7 of the Law on Reduction of Correctional Imprisonment Punishments, which was passed in 2021. Mr. Aili was instructed to avoid socializing with individuals who were known to have engaged in criminal activity during this time, as well as to avoid locations where the alleged crime was likely to take place. Furthermore, once a month, an evaluation of Mr. Aili's moral and social standing was requested from the Criminal Enforcement Unit. In addition, during the suspension period, he must complete the three courses in education, ethics, and religion—all of which are listed in paragraph H of Article 43 of the aforementioned law—and learn a profession (a specific profession). The biography of a notable government soldier who was killed during the 2022 protests, along with his interpretation of the book, was presented as an article to enforce the judgments. The audio version was also published on a popular social network in Saqqez. It is clear that if the issued orders are not followed for the first time, the suspension period will be extended by one to two years. The court issued and announced a two-year ban on leaving the country for Safa Aili as an additional punishment in accordance with the implementation of Article 23 of the Islamic Penal Code.

Based on the law of reduction of punishments, the court reduced Hiwa Jahani's imprisonment to pay a cash penalty of three hundred and fifty million rials. Jahani was charged with "participation in assembly and collusion against internal security" and was sentenced to two years of correctional imprisonment with the calculation of previous detention days.

Samira Ahmadi was charged with "participation in assembly and collusion against internal security," and as a supplementary punishment, the court issued and announced a two-year ban from leaving the country, in accordance with Article 23 of the Islamic Penal Code. Ahmadi was sentenced to three years of correctional imprisonment with the calculation of previous detention days.

On the grounds of "participation in assembly and collusion against internal security," Mohammad Azad Amini was sentenced to three years in correctional jail, with the number of days of prior incarceration taken into account.

Hiwa Tataei was charged with "participation in assembly and collusion against internal security," and as a supplementary punishment, the court issued and announced a two-year ban from leaving the country, in accordance with Article 23 of the Islamic Penal Code. Hiwa Tataei will serve three years of correctional imprisonment with the calculation of previous detention days.

Due to his "participation in assembly and collusion against internal security," Omid Moghaddas was sentenced to two years of correctional imprisonment, with credit for prior detention days. However, the court reduced and converted his sentence to pay a cash penalty of three hundred and fifty million rials, based on the law of reduction of punishments.

According to paragraph C of Article 12 of the Law on Reduction of Correctional Imprisonment Punishments enacted in 2021, Shirko (Khaled) Hejazi is subject to the most severe punishment with the calculation of previous detention days. He was charged with "participation in assembly and collusion against internal security," which carries a sentence of three years, six months, and one day in correctional imprisonment, and "membership in one of the Kurdish parties opposed to the Iranian government," which carries a sentence of thirty-one months and sixteen days.

The court granted a suspension of two-thirds of the most severe imprisonment punishment for a period of three years, based on Articles 46, 49, 52, and 54 of the aforementioned law and Article 7 of the Law on Reduction of Correctional Imprisonment Punishments. Mr. Hejazi is required to avoid associating with individuals who are notorious for engaging in criminal matters in the indictment and locations that are likely to witness the described crime during this suspension. Additionally, once a month, the Criminal Enforcement Unit will inquire about Mr. Hejazi's moral and social status. In addition, he must finish the three courses in education, ethics, and religion—particularly religion—specified in paragraph H of Article 43 of the aforementioned law, as well as learn a profession (a particular profession) during the suspension period. It is clear from the biography of a well-known government soldier killed in the 2022 protests, his interpretation of the book, and the way he presented the information in an article for the purpose of enforcing judgments and posted the audio on one of Saqqez's most well-known social media platforms that the suspension period would be extended by one to two years if the orders are not followed for the first time.

In accordance with the application of Article 23 of the Islamic Penal Code, the court declared and issued a two-year ban on leaving the nation for Shirko Hejazi in addition to the primary punishment.

These seven citizens were informed of their verdicts on February 11. They have twenty days to file an appeal with the Kurdistan Province appellate courts.

On the day of the anniversary of Jina Amini's death at the hands of the government, Safa Aili, Jina Amini's uncle, and the six citizens were taken into custody in September 2023, and after undergoing a period of questioning, they were placed under temporary bond release.