IRAN : ARBITRARY DETENTION OF ARTIST AND HUMAN RIGHTS DEFENDER TOOMAJ SALEHI

The International League Against Arbitrary Detention urges the Government of Iran to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 53/2024 concerning Toomaj Salehi, asking the Government of Iran to release Toomaj Salehi immediately and accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Toomaj Salehi (Islamic Republic of Iran):

Opinion No. 53/2024.

DETENTION OF AN ARTIST DEFENDING HUMAN RIGHTS

Toomaj Salehi is a national of the Islamic Republic of Iran. He was born on 3 December

1990. He is a popular rap artist and human rights defender with a large social media presence (2.6 million followers). His music addresses issues such as women’s rights and democracy, in criticism of the government.

Following the death in custody of Mahsa Jina Amini in September 2022, Mr. Salehi became a leading voice in the protests against the regime’s repression. Through his songs and online videos, he urged others to join the national protests.

According to the source, on 30 October 2022, Mr. Salehi was arrested by 12 agents of the Ministry of Intelligence in the Province of Chaharmahal va Bakhtiari. On 27 November 2022, the Chief Justice of Isfahan announced to the media that several charges were brought against Mr. Salehi under article 286, 500, 508, 279, 498 of the Islamic Penal Code. He was then convicted by the Revolutionary Court of Isfahan and sentenced to six years in prison. However, on 18 November 2023, the Supreme Court annulled the conviction, highlighting procedural errors and flaws in the original ruling. The Supreme Court also clarified that no more than three charges could be applied in a single case, resulting in his release on bail that day.

After his release, Mr. Salehi posted a YouTube video in which he described the torture he had endured and how he was coerced into confessing crimes he did not commit. On 30 November 2023, Mr. Salehi was arrested again and taken to an undisclosed location before being transferred to Isfahan Central Prison on 2 December 2023. On 1 January 2024, Branch 1 of the Revolutionary Court of Isfahan reconvicted Mr. Salehi under charges of spreading propaganda against the State, disseminating false information, and inciting violence, sentencing him to one year in prison. These charges were allegedly linked to his song "Divination" and the protests he took part in, and were the same charges the Supreme Court had remanded to the lower court. 20 days later, additional charges were added, bringing the total to 10. The Court of Appeal dismissed his appeal but, on 18 March 2024, he was acquitted of two charges related to a video from November 2023.

On 23 April 2024, Mr. Salehi was sentenced to death by the Revolutionary Court of Isfahan which considered the previous Supreme Court decision as merely advisory. The Supreme Court overturned this sentence on 22 June 2024, citing excessiveness, and remanded the case for reconsideration.

In July 2024, even though the Revolutionary Court of Isfahan ordered Mr. Salehi's release on bail following the Supreme Court's decision, Mr. Salehi was informed of new charges related to another one of his songs and the content on his website, he therefore remained in custody on remand.

The Iranian government was given the opportunity to respond to the source’s allegations, which it did. However, it submitted its response after the required deadline and without any request for an extension, so the reply was not accepted by the Working Group.

ARRESTED WITHOUT WARRANT AND DETAINED INCOMMUNICADO WITHOUT PROMPT APPEARANCE BEFORE A JUDGE

According to the source, Mr. Salehi’s arrest, the source claimed that following his first arrest on 30 October 2022, he was not informed of the charges until 27 November 2022, nearly 28 days later. In addition, when arrested for the second time on 30 November 2023, he was informed of the charges after 32 days, on 1 January 2024, when he was sentenced to one year in prison. In that regard, the Working Group concluded that Mr. Salehi’s warrantless arrest and the failure of the detaining authority to provide reasons for his detention violated articles 9 (1) and (2) of the Covenant as well as articles 3 and 9 of the Universal Declaration of Human Rights.

The source also submitted that Mr. Salehi was not promptly brought before a judge following his arrests and that he was unable to challenge the lawfulness of his detention. As this was not denied by the Government in its late response, the Working Group accepted that failing to present Mr. Salehi before a judge within 48 hours of his arrest and the denial of his right to appear in person at his hearings constituted violations of articles 9 (3) and 9 (4) of the Covenant.

Furthermore, the source claimed that Mr. Salehi was held incommunicado and repeatedly denied contact with the outside world, including his lawyers and family. In fact, during his first arrest, he was not allowed to contact his family until 38 days into his detention, and even then, he was only allowed unplanned communication. He was also denied the right to choose or get in contact a lawyer until 60 days after his arrest. Regarding his second arrest, it was alleged that his whereabouts remained unknown for three days before being taken to the Isfahan Central Prison. Thus, the Working Group established that Mr. Salehi was held incommunicado to the extent that it resulted in enforced disappearance, in violation of article 9 (1) of the Covenant.

In light of the foregoing, the Working Group concluded that Mr. Salehi’s arrest and detention were arbitrary under Category I as they violated article 9 of the Covenant.

DETAINED FOR EXERCISING HIS FUNDAMENTAL RIGHTS TO FREEDOM OF EXPRESSION AND OPINION

The source submitted that Mr. Salehi was detained due to his criticism of the government and his call to protest, both of which fall under his right to freedom of opinion and expression. In fact, it claimed that his actions, including releasing music in support of protesters, advocating for democracy and human rights on social media, and sharing his experiences of torture after detention, were all protected forms of expression and that Mr. Salehi’s detentions were a direct consequence of these activities.

Consequently, the Working Group found that Mr. Salehi's prosecution and conviction failed to meet the applicable criteria to be considered as legitimate restrictions on freedom of expression as the charges against him, such as "propaganda against the State," "insulting sacred values," and "spreading falsehoods," were overly vague and therefore impermissible. It considered that artistic freedom must be protected, and disproportionate measures should never be employed to silence advocates. Therefore, it found that article 19 (3) of the Covenant was violated.

The Working Group also highlighted the broader landscape of repression against those expressing their views in Iran. In light of this, it considered the additional information brought by the source's claims, such as previous opinions on arbitrary arrests and detentions in Iran, to be pointing to a systemic problem within the country's criminal justice system.

Therefore, the Working Group concluded that the detention of Mr. Salehi violated article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant, rendering his detention arbitrary under category II.

DEPRIVED OF LEGAL ASSISTANCE AND SUBJECTED TO TORTURE AND ILL-TREATMENT

In the light of its previous conclusions in Category II, the Working Group noted that no trial should have taken place. However, a trial did take place and Mr. Salehi was sentenced to prison, which led to the Working Group’s examination of the claims regarding his fair trial rights.

First, the source alleged that Mr. Salehi had no contact with a lawyer for 60 days during his first detention, and was therefore interrogated without legal counsel. He was denied appropriate access to in-person meetings and was only allowed to communicate via phone, which compromised confidentiality. Therefore, the Working Group noted that Mr. Salehi had been denied effective access to counsel at the earliest appropriate time, thus violating his rights to prepare and present his defence through counsel of his own choosing under adequate time and facilities, enshrined in article 2 of the Universal Declaration of Human Rights and article 14 (3) (b) of the Covenant.

Additionally, the source reported that Mr. Salehi had endured torture, cruel and degrading treatment, prolonged solitary confinement, and inhuman interrogation tactics. The Working Group reiterated that it considers torture a serious human rights violation that not only harms individuals but also obstructs their right to a fair trial and defence, particularly in relation to the presumption of innocence under article 14(2) of the Covenant. Additionally, the Working Group recalled that using confessions obtained

under torture or ill-treatment violated article 14 (2) and (3) (g) of the Covenant. The Working Group expressed its deep concern over the unchallenged allegations of torture against Mr. Salehi, which appeared to violate articles 5 and 25 (1) of the Universal Declaration of Human Rights and articles 7 and 10 (1) of the Covenant.

Furthermore, the source emphasized that Mr. Salehi was denied a public hearing, with his trial taking place before a revolutionary court that has repeatedly been criticized by the Special Rapporteur for violating fundamental human rights. Moreover, the presiding judge has been sanctioned by the European Union, United Kingdom, and Canada for alleged human rights violations. Given these factors, the Working Group concluded that Mr. Salehi's right to a fair hearing before a competent, independent, and impartial tribunal, as guaranteed by article 14 (1) of the Covenant and article 10 of the Universal Declaration of Human Rights, was violated.

In light of these elements, the Working Group concluded that the violations of Mr. Salehi’s right to a fair trial were of such gravity as to render his detention arbitrary under category III.

DISCRIMINATED AGAINST ON THE BASIS OF HIS POLITICAL OPINIONS

The source argued that Mr. Salehi was targeted by the authorities due to his activism as a vocal critic of the government and a defender of human rights. It highlighted that the detention of individuals who criticize the government constitutes a form of state retaliation, amounting to politically motivated persecution. The source emphasized that such arrests were discriminatory, as they are based on political opinions, and part of a wider pattern of targeting human rights defenders and dissidents in Iran.

As the Working Group previously determined, Mr. Salehi’s detention was directly linked to his exercise of the fundamental right to freedom of expression under international law. In fact, it found his detention to be discriminatory as it was based on his political views and on his role as an artist expressing opposing views and in violation of articles 2 and 7 of the Universal Declaration of Human Rights as well as articles 2 (1) and 26 of the Covenant.

Consequently, his detention was found arbitrary under category V.

CONCLUSIONS OF THE UNITED NATIONS WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Toomaj Salehi was arbitrary and fell under categories I, II, III and V because his deprivation of liberty was in contravention of articles 2, 3, 7, 9, 10 and 19 of the Universal Declaration of Human Rights and articles 7, 9, 14, 19 and 26 of the International Covenant on Civil and Political Rights.

The United Nations Working Group on Arbitrary Detention recommended that the Government of Iran take the steps necessary to remedy the situation of Toomaj Salehi without delay and bring it into conformity with the relevant international norms. The Working group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.