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| Musa Barzin |
Musa Berzin states that the verdicts issued by the Revolutionary Courts in Iranian Azerbaijan and Tehran against Turkish activists in recent times have been completely unlawful. Speaking to Voice of America, the lawyer said, “In these cases, we see that the goal of the authorities or security agencies is nothing other than to harass national activists.”
In his discussion with Voice of America, Musa Berzin specifically analyzed the cases of Kazim Safabakhsh and Siamak Mirzayi in detail. He also highlighted the legal violations that occur from the moment Turkish activists are detained to the issuance of court rulings in Iranian Azerbaijan and Tehran.
"There must be a set of evidence or documents against an individual before a prosecutor can issue an arrest warrant. It is not right to arrest individuals first and then determine whether they have committed a crime or not," said the Tabriz-born lawyer, emphasizing that the process is unlawful from the very beginning.
Referring to Iranian law, Berzin stated:
"In many cases, pretrial detention is not permissible. The court is responsible for releasing the detainee on bail or personal guarantee so that the trial process can proceed."
He further explained, “For example, in cases of propaganda against the regime, detention is not permitted at all. Extending detention periods is also not allowed. Even in national security-related charges, detention should not be imposed. However, in cases of serious offenses, a judge may rule that a suspect will not appear in court or might flee if released, in which case detention can be ordered. However, this detention has a time limit and cannot be extended. Yet, in many activists’ cases, we see that detention orders are issued arbitrarily and unlawfully.”
None of the Turkish activists detained by security forces are allowed to have a lawyer during the investigation phase. Even in the trial process, very few activists manage to access legal assistance.
According to Musa Berzin, “The right to legal representation is frequently restricted under Iranian law. For example, under the current law, if a detainee faces charges related to national security, not every lawyer can represent them. Only lawyers approved by the judiciary (Qovveh-ye Qazayi) can take on these cases.”
He pointed out that these approved lawyers are closely affiliated with the authorities:
"Their experience and academic qualifications are not considered; they are chosen based on their loyalty to the government. There is even an official list of such approved lawyers, and many of them refuse to take these cases. Some are even retired judges."
The lawyer further stated, "In practice, no activist detained by security forces is allowed to meet with a lawyer."
"Even if such legal restrictions did not exist, in reality, when an activist is held in a security facility, no lawyer is permitted to meet with them or take on their case," Berzin added.
Musa Berzin emphasized that being denied legal representation significantly impacts the trial process:
"When a person is arrested, they need a lawyer to defend them. A detainee cannot go to the judge or other officials alone. They may not even be well-versed in the law... However, we see that an activist is arrested, taken to a security agency, then to the prosecutor’s office, and throughout all these key stages of the case, they have no lawyer. Only in court might they be allowed a lawyer... This is illegal, and it has severe consequences."
Many families of detained Turkish activists struggle to find a lawyer willing to defend them. Berzin explained, "Some lawyers do not even have permission to take these cases. They can only appear at trial, but most lawyers do not want to be involved because those who handle such cases often face threats and difficulties."
Berzin himself has faced imprisonment and other pressures for defending imprisoned Turkish activists in the past.
Recently, the Tehran Revolutionary Court sentenced 21-year-old activist Kazim Safabakhsh to 13 years in prison. The court cited his activity on the Telegram social media platform, his display of a banner reading "Haray Haray, I am a Turk!" at the Tehran Book Fair, and a photograph of him making the Bozkurt (Gray Wolf) hand gesture as reasons for the harsh verdict.
Musa Berzin emphasized that the verdict, regardless of its severity, is entirely unlawful:
"Whether this sentence is harsh or not, it is a wrongful ruling. According to the court’s own reasoning, none of the actions attributed to Kazim Safabakhsh constitute a crime. Even if the punishment had been lighter, it would still be unjust. Making the Bozkurt gesture or displaying any symbol or slogan is not a crime, as it is not an act of wrongdoing. The court has considered attending a football match and supporting the Tractor club, or chanting slogans there, as criminal behavior. However, Iranian law does not define these as crimes. The judge even wrote in the ruling that Kazim Safabakhsh made a hand gesture representing ‘the Wolves Party in Turkey.’ But there is no such party in Turkey! This clearly shows the judge has no knowledge of the matter..."
The Tabriz-born lawyer added, “Regarding the severity of the sentence, from a criminological perspective, sentencing a young person to 13 years in prison is completely inappropriate. If we compare it to Iran’s legal system, what crimes typically warrant 13 years in prison? Crimes such as kidnapping and armed robbery carry such sentences... Here, we have a person who simply held a banner, made a gesture, or expressed an opinion. To classify this in the same category as armed robbery is absurd. Our listeners can judge for themselves how illegal and unjust this ruling is.”
Link to the original interview in Turkish on the Azerbaijani section of Voice of America:
Musa Bərzin: Hökmlər qanunsuzdur, məhkəmənin məqsədi türk fəalları incitməkdir