Supreme Court Rejects Heydar Ghorbani’s Request for Retrial

Branch 27 of the Supreme Court rejected political prisoner Heydar Ghorbani’s latest request for retrial.

According to HRANA, the news agency of Human Rights Activists, Mr. Ghorbani has been previously sentenced to death by the Sanandaj Revolutionary Court on a charge of “insurgency”.

Heydar Ghorbani, a native of the village of Bazvash in Kamyaran area in Kurdistan Province, was first sentenced in October 2019 to three charges of imprisonment each for 30 years on charges of assisting in murder, assault with a deadly weapon, helping offenders to escape from law enforcement, involvement in premeditated murder, murder attempt, affixing a license plate to another car, attempt to kidnap, and the acquisition of stolen property.

The First Branch of the Revolutionary Court of Sanandaj eventually sentenced Mr. Ghorbani to death on the charge of insurgency.

In August 2020, Branch 2 of the Supreme Court in Qom upheld the sentence and sent the case to the Kamyaran Public and Revolutionary Prosecutor’s Office for enforcement of the judgment.

Saleh Nikbakht, Mr. Ghorbani’s attorney, announced in August 2020 that his client’s request for retrial had been filed. In September 2020, this request was overturned by Branch 27 of the Supreme Court.

In December 2020, another retrial was requested which was overturned last week. Saleh Nikbakht, Gorbani’s defense lawyer, said he will request a retrial again.

“From a legal and jurisprudential point of view, the accusation of insurgent against Mr. Ghorbani is not valid because someone who is called [rebel] insurgence is someone who is a member of a group which revolts against the Islamic Republic,” Nikbakht said. “If the group members use weapons, then they will be sentenced to death. None of these are true about Mr. Heydar Ghorbani.”