The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Iran on 9 July 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 12 September 2024.
According to information received by the Special Rapporteur since the sending of the communication:
- WHRD Soma Pourmohammadi was acquitted by an appeal court in August 2024 and her 10-year prison sentence was overturned.
- The case of WHRD Serveh Pourmohammadi, who has been sentenced to 10 years in prison on the charge of “forming groups and association with the intention of disturbing national security”, is still being processed by the provincial courts.
- HRD Seivan Ebrahimi, whose 10-year sentence was overturned in June 2024, has served an 8-months sentence for “propaganda against the state”. He was released on 11 July 2024.
- HRD Edris Menbari, who had been sentenced to one year in prison on charges of “disturbing public order”, has served his full term and his case is now closed.
- WHRD Zahra Mohammadi, who had been sentenced to 10 years in prison in 2020, later reduced to 5 years in 2021, was pardoned and released from prison in February 2023, as part of a general amnesty.
- WHRD Jina Modares Gorji’s case is still being processed in the Court of Appeals of Kurdistan Province.
This is a shorter version of the original communication.
BACKGROUND
Topic: the sentencing of five members, Ms. Soma Pourmohammadi, Ms. Serveh Pourmohammadi, Mr. Seivan Ebrahimi, Mr. Edris Menbari and Ms. Zahra Mohammadi of the Nozhin socio-cultural association to lengthy prison sentences, as well as the sentencing of woman human rights defender Jina Modares Gorji to 21 years in prison.
Nozhin is a socio-cultural association established in 2011, certified by the Iranian Ministry of Interior in 2013. The association raises awareness of the legal and cultural rights of ethnic groups in Iran and has been active in promoting cultural education through the organisation and holding of Kurdish language classes in various cities in the region.
Ms. Soma Pourmohammadi is a woman human rights defender and a sociologist. She began her sociocultural activities in 2009 by teaching Kurdish language in different associations. She has been involved in the Nozhin socio-cultural association since 2013; from 2013 to 2017 as director and from 2021 to 2023 as a member of the board of directors.
Ms. Serveh Pourmohammadi is a woman human rights defender and a member of the board of directors of Nozhin between 2021 to 2023. She defends the sociocultural rights of the Kurdish community by teaching Kurdish language and organizing cultural events.
Mr. Seivan Ebrahimi is a human rights defender and he was a member of the board of directors of Nozhin from 2021 to 2023. He defends the sociocultural rights of the Kurdish community by teaching Kurdish and organizing cultural events.
Mr. Edris Menbari (Idris Manbari) is a human rights defender and member of the board of directors of Nozhin.
Ms. Zahra Mohammadi is the director of Nozhin.
Ms. Jina Modares Gorji is a woman human rights defender, bookseller, feminist podcaster and blogger in Sanandaj, in the Kurdistan province of Iran. She advocates for the rights of women and girls, and socio-cultural rights through holding book clubs and writing blogs. Special Procedures mandate holders have written two previous communications to the Iranian Government concerning Ms. Modares Gorji’s previous arrest and detention in the context of the ‘Woman, Life, Freedom’ protests in Iran (UA IRN 1/2023 and AL IRN 14/2023).
ALLEGATIONS
Regarding members of the Nozhin socio-cultural association
In July 2020, Ms. Zahra Mohammadi was sentenced to ten years in prison on the charge of ‘forming groups and association with the intention of disturbing national security’, by Branch 1 on the Islamic Revolutionary Court of Sanandaj. In February 2021, she was sentenced to five additional years in prison by the Court of Appeal of Kurdistan Province.
Mr. Edris Menbari was arrested on 18 December 2022, after his house was raided and his electronic devices confiscated. On 12 October 2023, Branch 106 of the Sanandaj Criminal Court sentenced him to one year in prison and forty lashes, for ‘disturbing the public order’, in relation to his participation in the ‘Women, Life, Freedom’ protests, following one court hearing held in absentia.
On 26 October 2023, Branch 1 of the Sanandaj Revolutionary Court sentenced Ms. Serveh Pourmohammadi and Mr. Edris Menbari (Ms. Soma Pourmohammadi’s sister and husband) to ten years in prison on the charge of “forming groups and association with the intention of disturbing national security”, due to their peaceful human rights activities to promote socio-cultural rights. They both appealed their sentences and are currently awaiting the verdict of the Revolutionary Court of Appeals.
On 3 December 2023, Branch 1 on the Sanandaj Revolutionary Court sentenced Mr. Seivan Ebrahimi to one year in prison and forty on the charge of ‘disturbing public order’. He began serving his sentence on 30 December 2023.
Additionally, on 3 December 2023, Mr. Ebrahimi was sentenced to ten years in prison on charges of ‘forming groups and association with the intention of disturbing national security’ and ‘propaganda against the state’ which relates to his advocacy efforts for the release of his wife, Ms. Mohammadi.
On 17 June 2024, the remainder of Mr. Ebrahimi’s sentence on charges of ‘disturbing public order’ was suspended under an amnesty scheme announced by the Iranian Judiciary pardoning prisoners who had less than six months of sentences left to serve. Following a brief release, on 29 June 2024, Mr. Ebrahimi was then acquitted of the charges of ‘forming groups and association with the intention of disturbing national security,’ and had his ten-year prison sentence overturned. His sentence on charges of ‘propaganda against the state’ was reduced from one year to eight months and on 2 July 2024, Mr. Ebrahimi began serving this sentence.
On 16 April 2024, Branch 1 of Sanandaj Revolutionary Court sentenced Ms. Soma Pourmohammadi to ten years on prison on charges of ‘forming groups and association with the intention of disturbing national security’, and informed her about the sentencing on 21 April 2024. On 13 May 2024, Ms. Soma Pourmohammadi appealed this sentence.
In a separate case, on 4 March 2024, Branch 106 of Sanandaj Criminal Court sentenced Ms. Soma Pourmohammadi to one year in prison, on the charge of ‘disturbing public order’, due to her participation in the ‘Women, Life, Freedom’ protests which started in September 2022.
Regarding Ms. Jina Modares Gorji
On 9 May 2024, the final hearing took place in the criminal case against Ms. Modares Gorji on charges of ‘forming groups and associations with the intention of disturbing the national security’, ‘collaboration with a hostile government’, and ‘propaganda activities against the state.’ These charges are believed to be related to her peaceful and legitimate human rights activities, including participating in international conferences and organising other activities to promote women’s rights in the Kurdistan region of Iran.
On 24 May 2024, Ms. Modares Gorji was notified of her conviction and sentence to a combined 24 years in prison by Branch 1 of the Sanandaj Revolutionary Court. This sentence is currently under appeal and, if confirmed, 10 years of this sentence may be executable under article 134 of the Islamic Penal Code of Iran.
There is an additional pending criminal case against Ms. Modares Gorji before Branch 2 of the Sanandaj Criminal Court on charges of ‘spreading disinformation’ and ‘inciting violence.’
CONCERNS
In the communication, we express our concerns at the charges against, and sentencing of, human rights defenders working on the cultural and linguistic rights of the Kurdish population and the rights of women and girls, as well as for participating in peaceful protests. We are concerned that the targeting and prosecution of human rights defenders not only directly limits the freedom of expression of the individuals concerned, it also sends a chilling message to all individuals wishing to exercise their freedom of expression, including human rights defenders, activists and journalists, having a severe chilling effect on the freedom of expression in Iran. We are further concerned about the reported shortcomings of the judicial proceedings, including hearings held in absentia. Moreover, we are concerned about the lengthy sentences they have received, which appear to be excessive and disproportionate, and may thereby possibly amount to persecution based on intersecting grounds.
