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| Lawyer and human rights activist Musa Berzin |
Iranian courts that tried dozens of citizens who participated in pro-Karabakh protests in Iran’s Azerbaijan region during September and October last year have issued sentences of flogging and imprisonment for several activists.
Lawyer Musa Barzin, speaking to the Voice of America, believes that the arrests and sentences reflect the political views of Iranian officials rather than legal and judicial norms.
According to Musa Barzin, the situation faced by participants in the pro-Karabakh demonstrations reflects the Iranian government’s political stance on the issue:
“Another issue is that politics and law should always remain separate. However, we understand that in the general policies of Iran, a stance is taken against Azerbaijan's interests. Yes, Iranian politicians may oppose the demonstrations, but when it comes to the law, this is a right. Yet we can say that political views are influencing judicial rulings in this matter.”
Recently, Iranian courts have issued heavy prison sentences against some Turkish activists, accusing them of “membership in illegal groups aimed at disrupting national security.” For instance, young activist Ali Azizi from Urmia was recently sentenced to five years in prison on charges of membership in an illegal organization called GAMAC, a claim he denies.
According to Musa Barzin, Iran's Revolutionary Courts base their rulings on evidence prepared by intelligence agencies in cases involving accusations of illegal groups with potential prison sentences of up to 10 years.
“Iran’s penal code contains an article that stipulates up to 10 years in prison for those who establish a group aimed at disrupting national security and up to 5 years for members of such a group. However, certain conditions must be met. First, there must actually be a group — five people gathering to pursue some action wouldn’t qualify as a group. It must be an organized group. Secondly, the goal must genuinely be to disrupt national security. When we examine activities in South Azerbaijan, we do not see any unified or consistent organization intending to disrupt Iran’s security,” the lawyer notes.
He highlights the connection between Iran’s Revolutionary Courts and the Ministry of Intelligence, adding, “Trials involving security charges are usually directed by intelligence forces. Case files are also prepared by these forces. Consequently, the courts largely rely on reports from intelligence agencies when issuing judgments. What the intelligence agencies do and how they operate is entirely opaque... Even if a judge is fair-minded, they have to make decisions based on the file. The evidence prepared by intelligence agencies can be kept secret, meaning neither the defendant nor their lawyer gets to see it.”
In Iran, Revolutionary Courts handle cases involving national security charges. According to Musa Barzin, “political and security considerations are heavily prioritized when appointing judges to these courts. As a result, the judges themselves approach cases with a security-focused perspective. Across all of South Azerbaijan, there are perhaps four or five judges handling national security charges. This alone can lead to corruption. Judges, even if they want to remain impartial, are constantly under pressure from the intelligence agencies.”
Link to the original interview in Turkish on the Azerbaijani section of Voice of America:
“İranda türk fəalları məhkum edən İnqilab Məhkəmələri kəşfiyyatın nəzarəti altındadır”