A Report on the Situation of Daneshpour Moghadam Family

HRANA News Agency – Mohsen and Ahmad Daneshpour Moghadam, father and son, along with Motahareh Bahrami and Reihaneh Haj Ebrahim Dabbagh, all members of a family, with Hadi Ghaemi, a family friend, were arrested in 2009 and sentenced to death. Despite the passage of years since the original conviction for Mohsen and Ahmad Daneshpour Moghaddam, and despite their objection, the judiciary refuses to make the final decision under the pretext of “the files are lost”. The physical condition of these two political prisoners, who are deprived of their rights because of remaining undecided, has been reported extremely poor.
According to the report of Human Rights Activists News Agency in Iran (HRANA), Mohsen and Ahmad Daneshpour Moghaddam, father and son, political prisoners in ward 350 of Evin prison continue to live in uncertainty under the shadow of death for the 7th year. This uncertainty is while Ahmad Daneshpur, despite his illness, is also taking care of his patient 72-year-old father.
In response to repeated request for retrial, the officials claim that they have “lost the files”. Lack of legal proceedings of these two ill prisoners is while considering changing in the rules related to the charges of waging war on the new Penal Code (enacted in 1392) these two prisoners, like the other accused in this case, have  high probability to get commute on their death sentences.
Based on the new Penal Code, adopted in 2013, definition of charges of “waging war against God”, “corruption on earth” and “rebellion”, under Articles 279 to 288 of the law have been changed. According to Paragraph B of Article 10 of the Penal Code Act of 2013, the judges of enforcement are required to request the sentence amendment based on the new law from the court which had issued the verdict.
A close source to the families of these political prisoners, regarding their current situation, told HRANA’s reporter: “Ahmad is his aged father’s nurse, in addition to enduring the pain of his countless illnesses. Recently he has requested for retrial. If even the current laws of the Islamic Republic would be applied on them, they would not have to stay in prison under sentence of death. In addition, according to many diseases that they are suffering from, they can be subjected to the terms of “punishment intolerance” and be released or sent on medical leave”.
Regarding the authorities respond to Mr. Daneshpur’s request, the informed source added: “The situation of uncertainty is while the judicial authorities claim that the file is missing. It seems that finding this file, which is full of human rights violations, will create new problems for the judiciary. He did not have any weapons, and therefore there is no legal basis under the laws for his death sentence”.
It should be noted, Article 279 of the Penal Code Act of 2013 says that “waging war is to use a weapon to end someone’s life, property or honor of people or intimidate them, leading to insecurity in the society. Whenever someone has a personal motive to aim weapon towards one or more specific persons and is not general, or against the public but, as a result of the inability, do not deprive security, it is not known as; waging war.”
It is also mentioned in Article 281 “bandits, robbers and smugglers who take up arms, leading to insecurity are combatants”.
This informed source continued: “Ahmad, who previously weighed 90 kilograms, he is about 43 kilos now because of illness and prison conditions. He suffers from weakness and low blood pressure, as well as Mohsen Daneshpour as an old man who recently went under a surgery.”
It should be noted that Ahmad Daneshpour Moghaddam, born in 1970, his wife, Reihaneh Haj Ebrahim Dabbagh, born in 1981, his father, Mohsen Daneshpour Moghadam, born in 1944, his mother, Motahareh Bahrami Haghighi, born in 1954, along with Hadi Ghaemi, a family friend were arrested by the security guards at their house on December 28, 2009, and less than a month later, they were tried by a lower court without their own lawyer and with a public defender and all were sentenced to death by judge Salvati, on January 16, 2010.
These detainees were held in solitary confinement in ward 209 of Evin prison incommunicado until the court verdict was issued.
The Court of Appeal reduced the verdict for Reihaneh Haj Ebrahim Dabbagh to 15 years imprisonment and exile to Rajai Shahr prison, Motahareh Bahrami to 10 years imprisonment and exile to Rajai Shahr prison, Hadi Ghaemi to 15 years imprisonment and exile to Gonabad, in May 2010. However, Ahmad and Mohsen Daneshpour Moghadam’s verdict is still pending, after the announcement of the death sentence by the lower court and has not been sent to the Court of Appeal yet.
After 4 years of follow- up in June 2016, their relatives found out that their cases are under the authority of the head of the judiciary.
Mohsen Daneshpour Moghadam, 72, was admitted for surgery on the knee in Tehran Sina Hospital, in September 2016.
Previously, many attempts have been made to hire a lawyer for the father and son, but each time by saying that “this is a death penalty which does not need a lawyer”, power of attorney has been rejected by the judge. More than 10 prominent lawyers who represented Reihaneh Haj Ebrahim Dabbagh and two other defendants, have sent power of attorney for them, but every time they sent a proxy, it was returned, and after the lawyer followed up, he was threatened that if he would insist, he would be arrested, and they forced him to retire from their cases.
The 2 men are not able to take advantage of going on leave, requesting for a retrial, imprisonment punishment intolerance request, and even the use of the facilities provided by the law for older prisoners, including parole which applies just because of being held in the uncertainty condition.
Hadi Ghaemi was exiled to Gorgan prison in 2010, and then he was returned again to Evin prison in 2015, and despite aging and suffering from different disease, his request for leave, even when his mother passed away, has never been accepted.
Yousuf Ghaemi, son of Hadi Ghaemi said: “The Supreme Court ordered a review of the case of this political prisoner and stopping the execution, but the Court of Appeal has refused to stop his sentence”, and now, his father’s case has been referred for a review to Branch 54 of the Appeals Court as a “parallel branch”, while “Mr. Babai”, the current head of this branch was formerly head of another branch of the Court of Appeal, which had issued a 15-year imprisonment sentence for Hadi Ghaemi.
Motahareh Bahrami was exiled to Rajai Shahr prison in November 2010 and Reihaneh Haj Ebrahim Dabbagh in May 2011. They were transferred to Qarchak prison on May 3, 2011, and they were returned to Evin prison, about two weeks later.
According to the doctors, Reihaneh has got IBS and intestinal colitis, because of stress and pressure on her and she is suffering from this disease since 2011. She is fighting with the pain only with pain killers and that is because of lack of access to special diet. However, due to lack of specialized treatment for her disease, she is just getting sedatives injections and according to the doctors, her disease is getting worse, day-to-day.
Ahmad Daneshpour Moghaddam got colitis disease in 2012, and he is still suffering from this incurable disease, due to lack of proper diet and use of strong chemical drugs. This disease which is eligible for “imprisonment intolerance order”, has been repeatedly mentioned in his case and even according to the doctors, it may even become a cancer.
Motahareh Bahrami had got the “sentence stopping order”, after two or three times going on leave due to multiple joints diseases, but after one year she was informed of her exile order in the city of Karaj (her current location).
It should be noted that the family of Daneshpur were arrested on charges of traveling to Ashraf (former headquarters of the PMOI in Iraq) to meet the son and brother of Mohsen Daneshpour, just for a few days in 2008, and connection with these people in Ashura 2009.  Reihaneh was arrested only because of the connection with the PMOI and Hadi Ghaemi also because of being imprisoned along with Mohsen Daneshpour in 1981 and on suspicion of collaboration with them.
Reihaneh’s father had been held in prison in an undecided condition for 4 year, in 1980’s. It should be noted that Mohsen’s two brothers were also executed in 1980’s.

Leave a Reply

Your email address will not be published. Required fields are marked *