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| Zahra Bahrami |
Iran has issued a death sentence on drug-related charges for Zahra Bahrami, the Iranian-Dutch citizen who was arrested in the protests of December 2009. The court sentence also includes “confiscation of her possessions, car and house.”
Jinoose Sharif Razi, Bahrami’s lawyer told the International Campaign for Human Rights in Iran that her client is charged for two separate cases. The first is connected with her arrest during Ashura Day anti-government protests and the second is a charge of keeping drugs in her home.
Sharif Razi reports that they have currently only processed the file on drug charges and adds: “Since the amount of drugs discovered at her home is over a certain limit, she has been issued the death penalty.”
Bahrami’s lawyer also indicated that her client denies having any drugs at her home. Her sentence has not been confirmed yet and has been sent to the Chief Prosecutor of Iran for further deliberation.
According to this report, 400g of cocaine and 400g of opium were found in Bahrami’s home and according to Iranian law, carrying over 30g of heroine can carry the death penalty. In terms of opium, however, over 20 kg is the limit that can justify the death sentence.
According to Bahrami’s lawyer, drug charges are usually processed with greater urgency. The court sentence on drug charges cannot be appealed but are instead sent to the Chief Prosecutor for more deliberation and finalization.
Zahra Bahrami is also facing the charge of “enmity with God” in connection with her arrest on Ashura Day in December 2009.
Uri Rosenthal, Dutch foreign minister has called on the Iranian embassy to clarify Zahra Bahrami’s situation. He declared grave concern regarding the death sentence which was announced in Dutch media yesterday.
The foreign ministry issued a statement maintaining that together with the Dutch embassy in Iran, they are following up on the case to attain "information, the opportunity to provide consular assistance and a fair trial."
In the past two weeks, 22 people have been hanged in Iran for charges ranging from “enmity against God, armed robbery, carrying drugs and murder.”
After China, Iran holds the record for the highest number of executions in the world.
The Hague is Bahrami’s last hope
“Too little, too late.” That is how one human rights activist describes the Dutch government’s offer to help Iranian-born Dutch citizen Zahra Bahrami. Ms Bahrami has been sentenced to death by a court in Iran on charges of the possession and sale of drugs. The only remaining hope for Bahrami is in the hands of the Dutch Foreign Ministry.
Sadegh Nageshkar is an Iranian citizen living in the Netherlands, and working for the NGO Human Rights Activist for Democracy in Iran. He says Dutch offers of legal assistance for Ms Bahrami come too late: "It's too late because there is no way Ms Bahrami can appeal. The case has been closed."
Innocence
In court, Ms Bahrami maintained her innocence, recanting a nationally televised confession. She says the confession was made under coercion. According to Iranian law, the possession of 30 grams or more of cocaine is a crime punishable by death, with no possibility for appeal. Iranian authorities claim Ms Bahrami had 450 grams of cocaine in her possession at the time of her arrest, in addition to 400 grams of opium.
The drugs charges against Ms Bahrami came on top of charges of membership in an armed opposition group, for which she could also face the death penalty. That portion of her trial must still take place.
As for the death penalty for possession of drugs, Ms Bahrami does have one more chance to get her punishment commuted in the Iranian legal system, through the co-called Committee of Forgiveness. If she is willing to admit to her crime, she can appeal to the committee for forgiveness. It is rare, if not unprecedented, for the committee to grant forgiveness in cases involving drugs.
Precedent
The Dutch government says it has attempted to provide Ms Bahrami assistance, in the interest of trying to make sure she gets a fair trial, but has been prevented by the Iranian authorities, who do not recognize her Dutch citizenship.
A recent – and disappointing - precedent for Ms Bahrami’s case is that of Abullah al Mansouri, another Iranian national who became a Dutch citizen. Al Mansouri fled Iran in 1988 after a conviction on charges of terrorism and settled in the Netherlands. He was arrested in 2006 while visiting Syria, and tried again in Iran. He was sentenced in 2009 to 30 years in prison.
Dutch authorities were also frustrated in their attempts to assist Al Mansouri, once again because Iran does not recognize the assumption of a second nationality.
Disappointment
Ms Bahrami feels she has not received a fair trial. Her daughter, Banafshef Najebpour, told Radio Netherlands how much her mother had counted on the Netherlands to help assure she got a fair trial. Ms Najebpour broke down as she recounted her disappointment in the Dutch government. She said, "The last time I have seen my mother was Tuesday last week. She was doing quite well, and she was certain that she would receive help from the Dutch government because she knows she hasn’t done anything wrong. But we didn’t get any help."
The Dutch Foreign Affairs Minister Uri Rosenthal reacted in writing to the news of Ms Bahrami’s sentence. He says Dutch authorities are using every possible opportunity to bring up the subject with Iran.
The case of Ms Bahrami is an early test for Mr Rosenthal, who has been foreign minister for just a few months. He has already come under criticism for not prioritizing human rights in Dutch foreign policy.
Dutch politicians still have confidence in Rosenthal’s diplomatic capabilities. Coskun Çörüz, MP for the ruling Christian Democrat party, has called on Minister Rosenthal to do everything he can to make sure Ms Bahrami’s sentence is not carried out.
Time for pressure
Iranian activist Sadegh Nageshkar agrees. He says the only chance now to have Ms Bahrami’s sentence commuted is by applying political pressure. The legal process, says Negeshkar, has run its course.
Lawyer Confirms Death Sentence for Iranian-Dutch Protestor
Jinoos Sharif Razi, lawyer to Iranian-Dutch citizen, Zahra Bahrami, who was arrested during the Ashura Day Protests in 2009 (27 December 2009), talked to the International Campaign for Human Rights in Iran about her client’s recent death sentence. “Ms. Bahrami has two charges. Her first charge is related to her arrest on Tehran streets on Ashura Day, but her other charge is related to her possession of drugs at her home. At this time the court has only reviewed her drug possession case and as the amount of drugs allegedly found in her home was more than the legal amount, she has been sentenced to death. The verdict from the lower court has been forwarded to the Prosecutor’s Office and we are waiting to see what the Prosecutor’s opinion is, and whether he would confirm or reject it,” said Sharif Razi.
Bahrami rejected charges of drug possession in court. She was arrested on 27 December 2009 in Tehran. After a while, in addition to being charged with “rioting” on that day, she was further charged with possession of drugs in her home. Based on the ruling from Branch 15 of the Revolutionary Courts, on the charge of “possession of drugs,” she has been sentenced to death, confiscation of assets, property, automobile, and cash. Her first charge of participating in the Ashura Day protests and moharebeh, enmity with God, has not been reviewed yet.
Zahra Bahrami’s lawyer, Jinoos Sharif Razi, told the International Campaign for Human Rights in Iran that she was served with Bahrami’s verdict ten days ago. “Drug-related cases are now reviewed in one stage, and they are treated with urgency. These types of charges have a different process. When the lower court issues its ruling, the ruling is sent to the Prosecutor’s Office and the Prosecutor would either confirm or reject the ruling. But drug-related cases are no longer sent to appeals courts,” said Sharif Razi.
Regarding whether or not Zahra Bahrami’s death sentence could be carried out without reviewing her other charge, Sharif Razi replied: “Yes, because according to the law, for the amount of drugs she possessed the punishment is death. Even if she is acquitted from the Ashura Day “rioting” charge, which I don’t believe she will be, possessing that much drugs could lead to the execution by itself.”
Jinoos Sharif Razi said ”I have been involved in this case for nearly two months now. All I can say is that this was a very strange case for me; especially as Ms. Bahrami refuted all charges made against her and her prior confessions about the drugs. This case is very complex and dangerous and my only hope is that she receives clemency and is treated with Islamic mercy. That’s my only hope,” said Sharif Razi.
Asked about suspicions that possession of drugs may be a fabricated charge in Zahra Bahrami’s case, her lawyer said: “I really can’t say anything about this, as I entered the case very late. I was not present during the arrest, nor at the time of interrogations, and as I don’t have any reasons, I cannot express an opinion about this, either. I can only say that Ms. Bahami herself brought up the issue of the fabrication during the first trial session and denied possessing drugs. These statements were completely different from her prior confessions.”
Bahrami’s lawyer told the Campaign that her client had made several short trips to Iran after the elections. Regarding the prisoner’s charge of “contact with [pro-Royalist] group, Anjoman-e Padeshahi-e Iran,” Bahrami’s lawyer said: “This charge is only based on her own confessions and there is no other evidence for this other than Ms. Bahrami’s confession. But she, herself, has confessed that she was in touch with this group in London years ago, and after a short while she realized that they were swindlers, as she had supported them financially, and after a while she learned about their fraud. But then she did her best to tell others about this group. She even went to the Iranian Embassy in London to report this story, which they seemingly ignored.”
According to her case file, inside Zahra Bahrami’s home, security forces claimed to have discovered 400 grams of cocaine, and 400 grams of opium. According to the law, possessing more than 30 grams of heroin will have the death penalty. Regarding opium, however, possessing more than 20 kilograms of the substance would lead to the death penalty.
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