The Verdict of This Court is Unlawful
Why is the court that recently tried and sentenced Azerbaijani political activists to lengthy prison terms unqualified, and why is its ruling illegal?
Written by Sina Yousefi (Lawyer and Legal Expert)
December 6, 2024
1. Jurisdictional Illegality
Under the principle of local jurisdiction in legal proceedings, a competent court must operate within the locality where the alleged crime occurred. In this case, none of the detained activists are residents of Tehran, nor have they conducted any activities in Tehran that would warrant prosecution in the city’s court. Moreover, none of the exceptions to local jurisdiction—such as the nature of the charges, supplementary jurisdiction, or transfer of jurisdiction—apply to this matter. Therefore, there is no legal justification for their trial in Branch 15 of the Revolutionary Court under Judge Salavati.
2. The Activists’ Peaceful and Lawful Activities
The detained activists, some of whom are now facing lengthy prison sentences after being released on bail, are well-regarded figures in Azerbaijan known for their peaceful and lawful activities. They reside in various cities, including Tabriz, Urmia, Rasht, Karaj, and Qom, and have consistently engaged in political, civil, cultural, and linguistic activism within the narrow confines of Iran’s legal framework.
3. Flawed Collective Charges
The charge of “gathering and colluding against national security” brought against the activists is fundamentally baseless. As noted, these individuals come from different cities in Azerbaijan and often had no prior connections. Some met for the first time in detention. The nature of this charge inherently contradicts the facts of the case, as it requires evidence of a material element: individuals coming together and agreeing to commit a specific offense, which must itself pertain to national security. Such elements are entirely absent in this case, rendering the charge void.
4. Maximum Sentences Without Legal Basis
The court has imposed maximum sentences on the activists without any legal justification. The ruling must explain why such severe penalties were necessary and disregard the legal provisions for mitigating sentences. This lack of reasoning further underscores the unlawfulness of the verdict.
5. Prolonged Pretrial Detention
In addition to issuing an unlawful verdict, the Revolutionary Court has kept some of these activists in temporary detention for nearly nine months despite no legal grounds for extending their detention. The preliminary investigation and interrogation phases have concluded, and the case has already been referred to the Revolutionary Court. The insistence on continued detention amounts to imposing punishment before trial, a blatant violation of Iran’s legislative provisions and established legal principles.
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Related Petitions:
- Free Azerbaijani Political Prisoners
- Petition for the Immediate Release of Taher Naghavi, Imprisoned Azerbaijani Lawyer
- Release Parviz Siabi, the 77-Year-Old Political Prisoner in Azerbaijan
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About the Author:
Sina Yousefi is a lawyer and member of the East Azerbaijan Bar Association in Iran.
