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List 5: Male Prisoners Charged with Moharebeh with Sentences under 15 Years

Posted on: 14th November, 2016
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Abdol-Ghader Bazyani

HRANA News Agency – According to the changes related to Moharebeh (waging war against god) in the New Islamic Penal Code, those who have been convicted of Moharebeh based on the previous penal code, will now have the possibility for a retrial, commutation and release. Currently tens of prisoners in Iranian prisons are convicted of Moharebeh for different reasons, this includes at least 22 male prisoners who are sentenced under 15 years of imprisonment. The following is the fifth list published in regards to “Prisoners Convicted of Moharebeh” and is dedicated to this 22 male prisoners.

According to the report of Human Rights Activists News Agency (HRANA), there are currently at least twenty two male prisoners in Iranian prisons who have been convicted of Moharebeh for different reasons and have been sentenced under 15 years of imprisonment. Since 2013, According to the changes in regards of Moharebeh in the new Islamic Penal Code, these prisoners could apply for retrial. Many of them could receive commutations and reach their release soon and considering the long prison terms of some of them, it could provide them the possibility of being release.

Based on the new Penal Code, adopted in 2013, the charges of “Moharebeh (waging war against god)”, “Mofset-Fil-Arz (Sowing Corruption on earth)” and “Baghi (withdrawing from the obedience of the Islamic religious authority)” under Articles 279 to 288 have been redefined. According to section B of article 10 of the new Islamic Penal Code adopted in 2013, whether before the executing or during a sentence the judge in charge is obliged to request the court of the final judgement for the modification of the sentence in accordance with the new penal code. In addition, based on this article the convict could ask for commutation from the issuing court and in accordance with the new law.

The following is the list of mentioned 22 prisoners, along with the details obtained by HRANA:

Jafar Eghdami

Charges: Moharebeh through cooperating with an organization that is opposing the system (People’s Mojahedin of Iran)

Date of Arrest: 29 AUG 2008
Sentence: 10 years
Location: Rajai Shahr Prison of Karaj (Gohar dasht)

Comments: he has previously been convictd of the same crime and has spent many years in the prison.

Ramezan Ahmad Kamal

Charges: Moharebe through cooperating with one of the Kurdish parties. (P.K.K.)

Date of Arrest: 7 JUL 2008
Sentence: 10 years
Location: Ghazvin Prison

Comments: despite his poor health and lack of completing his treatments, this prisoner has been transferred from Rajai Shahr Prison of Karaj (Gohar dasht) to Ghazvin Prison.

Mohammad Seif-zade Pezeshkan

Charges: Moharebeh through cooperating with an organization that is opposing the system (People’s Mojahedin of Iran)

Date of Arrest: 2009
Sentence: 10 years
Location: Barazjan Prison

Comments: he has been previously sentenced on similar charges during the 80s

Abdol-Ghader Bazyani

Charges: Moharebe through cooperation with one of the opposition groups in Baluchistan

Date of Arrest: 2008
Sentence: 10 years
Location: Masjid Soleiman Prison

Mostafa Ali Ahmed

Charges: Moharebe through cooperation with one of the opposition groups in Kurdistan

Date of Arrest: 2007
Sentence: 10 years
Location: Urumie Prison

Comments: he is a Syrian citizen and was born in Syria

Motaleb Khodayari

Charges: Moharebe through cooperation with one of the opposition groups in Kurdistan

Date of Arrest: 2014
Sentence: 13 years
Location: Sanandaj Prison

Mohammad Amin Agoushi

Charges: Moharebe through cooperation with one of the opposition groups in Kurdistan

Date of Arrest: May 2009
Sentence: 10 years
Location: Tabriz Prison

Iraj Mohammadi

Charges: Moharebe through cooperation with one of the opposition groups in Kurdistan

Date of Arrest: May 2009
Sentence: 10 years
Location: Tabriz Prison

Comments: on September 2016, while enquiring about his son case, Iraj’s elderly father was physically beaten by the deputy prosecutor of East Azerbaijan province and was sent to hospital.

Ahmad Poulad-Khani

Charges: Moharebe through cooperation with one of the opposition groups in Kurdistan

Date of Arrest: May 2009
Sentence: 10 years
Location: Zahedan Prison

Bakhsh-Ali Mohammadi

Charges: Moharebe through acting against national security

Date of Arrest: October 2004
Sentence: 13 years
Location: Yazd Prison

Sahand Ali Mohammadi

Charges: Moharebe through acting against national security

Date of Arrest: October 2004
Sentence: 13 years
Location: Yazd Prison

Abdullah Ghasem-Zade

Charges: Moharebe through acting against national security

Date of Arrest: October 2004
Sentence: 13 years
Location: Yazd Prison

Hassan Javani

Charges: Moharebeh through cooperating with an organization that is opposing the system (People’s Mojahedin of Iran)

Date of Arrest: October 2011
Sentence: 10 years
Location: Bandar Abbas Prison

Comments: he has history of arrest and long imprisonments during the 80s

Kazem Khosh-Namak (Khaziravi)

Charges: Moharebeh through cooperating with an organization that is opposing the system

Date of Arrest: April 2008
Sentence: 10 years
Location: Ahvaz Prison

Seyed Zia Moradi Pour

Charges: Moharebeh through cooperating with an organization that is opposing the system

Date of Arrest: –
Sentence: 10 years
Location: Ahvaz Prison

Jasem Nabahan Nisi

Charges: Moharebeh through cooperating with an organization that is opposing the system

Date of Arrest: 2009
Sentence: 10 years
Location: Tabriz Prison

Comments: he has been arrested in Syria and has been extradited to Iran.

Taleb Savari

Charges: Moharebeh through cooperating with an organization that is opposing the system

Date of Arrest: July 2007
Sentence: 10 years
Location: Ahvaz Sepidar Prison

Jaber Safravi

Charges: Moharebeh through cooperating with an organization that is opposing the system

Date of Arrest: 24 March 2014
Sentence: 14.5 years
Location: Shiban Prison

Farhad Chalesh

Charges: Moharebe through cooperation with one of the opposition groups in Kurdistan

Date of Arrest: 7 July 2008
Sentence: 10 years
Location: Yazd Prison

Mohammad Ismael Malazehi

Charges: Moharebe through cooperation and connection to Saudi Arabia’s Embassy

Date of Arrest: 25 OCT 2010
Sentence: 10 years
Location: Zahedan Prison

Comments: his Father’s name is Mohammad Islam. He is the groom of the Molavi Abdul Hamid’s Family, the Sunni Prayer leader in Zahedan.

Mansour Rigi

Charges: Moharebe through cooperation with one of the opposition groups in Baluchistan

Date of Arrest: 2009
Sentence: 10 years
Location: Kashan Prison

Comments: father name: Nazar

Saleh Kohandel

Charges: Moharebeh through cooperating with an organization that is opposing the system (People’s Mojahedin of Iran)

Date of Arrest: 16 March 2007
Sentence: 10 years
Location: Rajai Shahr Prison of Karaj (Gohardasht)

Note that the above is the fifth list of the series of lists of prisoners in Iranian prisons who have been convicted of Moharebeh. HRANA has previously published “List One: Women Convicted of Moharebeh”, “List Two: Male Prisoners Sentenced to Life In prison”, “List Three: Male Prisoners Sentenced to More than 20 Years in Prison” and “List Four: Male Prisoners charged with Moharebeh and sentenced to between 15 to 20 years in prison”. Gradually In the coming days HRANA will publish lists of other prisoners, with the aim of enlightening the public and to support the implementation of laws that would help to improve the situation of prisoners of conscience in Iran.

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