A Legal Official: The Case of Actors Opposing Mandatory Hijab Has 'Exited the Security Phase'

While some officials and institutions of the Islamic Republic are calling for the cases of actors opposing mandatory hijab to be referred to security courts, a legal official at the 'House of Cinema' states that the approach to handling these cases has changed and has exited the security phase. According to Mehdi Kouhian, a member of the legal follow-up committee regarding artists' situations, these cases have now returned to their proper legal process and are being examined in the public prosecutor's office and the culture and media prosecutor's office. He further adds that 'this is an important step towards respecting the rights of the accused.' This legal official from the House of Cinema noted that in recent months, the approach to these artists was security-based, and they were detained by security agencies, with their cases being handled by Evin Prosecutor's Office and ultimately sent to the Revolutionary Court. Mehdi Kouhian told the 'Shargh' newspaper that currently, the Tehran prosecutor is sending these cases to the public prosecutor's office and the actors' cases are being examined in Criminal Court 2. Among the artists are Pantea Bahram, Fatemeh Motamed-Arya, Afsaneh Bayegan, Baran Kowsari, Katayoun Riahi, Golab Adineh, and Shaghayegh Dehghan, whose images without mandatory hijab have been published on social media. Last week, a cinema media outlet reported that Pantea Bahram and Katayoun Riahi were fined 1.5 million tomans for not wearing hijab. This news faced a strong reaction from principlist media and pro-hijab factions, who described such a ruling from the court as a 'joke.' They demanded that the cases of these actors be referred to security courts and that heavy sentences be issued 'against the deviant and criminal actions of celebrities.' These criticisms prompted the judiciary to respond, stating that the 1.5 million toman fine was related to a previous case of hijab removal for these two actors. According to this body, a new case has been formed due to their hijablessness, titled 'offending public chastity,' which has recently led to the issuance of an indictment. Summons of artists to court due to their presence without mandatory hijab in public continues. On the other hand, Nazanin Saghafi-Pour, a lawyer for several of these actors, told the Shargh newspaper about the process of examining these cases in court: 'The subject of the cases currently formed regarding several female cinema actors follows a crime announced by the police, and the cases have been referred to the judiciary.' According to Ms. Saghafi-Pour, 'These cases have been formed and referred for female actors on two subjects. One is the crime under the note of Article 638 of the Islamic Penal Code concerning hijab removal, which is considered a grade 8 crime, and its preliminary investigations must be conducted in court according to the law. The subject of the current cases is now being examined in the Culture and Media Court.' This lawyer further adds: 'Another complaint has been filed by the police regarding the publication of images of artists without hijab at recent events. This complaint does not fall under grade 8 crimes; therefore, its preliminary investigations start from the prosecutor's office.' Afsaneh Bayegan and Fatemeh Motamed-Arya participated without mandatory hijab in a memorial for Attila Pessian. Nazanin Saghafi-Pour states that in several recent cases, the file has been referred to the Culture and Art Prosecutor's Office, and preliminary investigations are underway. This lawyer points out that the maximum prison sentence considered for the note of Article 638 is two months, reminding that this imprisonment must be converted to an alternative punishment according to Article 65 of the Islamic Penal Code, which is a monetary fine. According to her, this fine is determined up to 1.5 million tomans according to the latest resolution of the Cabinet in 2020 and is considered the maximum punishment. However, in this regard, Mohsen Barahani, a legal expert, tells the Shargh newspaper that it seems a group is trying to view the removal of women's hijab within a scope beyond the note of Article 638 and, through media pressure, is attempting to impose other charges on individuals who do not observe hijab. According to Mr. Barahani, 'Essentially, the crime of not observing the hijab is a grade 8 crime, and for this reason, only the court has the right to summon, interrogate, and issue a ruling. The rulings issued in this regard are definitive, and there is no possibility of appeal. What has happened in this context is that some are trying to form another case for women, especially female actors, who do not observe hijab, which falls under the jurisdiction of the prosecutor's office. That is, this social figure, the actor and celebrity, has committed one act but has been charged with two titles, one of which is under the jurisdiction of the court and the other under the jurisdiction of the prosecutor's office. Those who want to deal with women who do not observe hijab beyond the note of Article 638 are trying to categorize their behavior under Article 640 of the Islamic Penal Code.' Some Iranian cinema actors who published images without hijab. This legal expert adds: 'The punishment in this article is imprisonment from three months to one year and a monetary fine from 25 million rials to 100 million rials. The issue of concern for this group in this article is paragraph 3, which emphasizes that 'anyone who publishes the above items (written or designed, engraving, painting, images, press, advertisements, signs, film, cinema tape, or generally anything that offends public decency and morality) in any way or displays them publicly' is subject to punishment; therefore, some are trying to categorize the act of an actress who has removed her hijab under paragraph 3 of Article 640 of the Islamic Penal Code.' Mohsen Barahani states: 'This is a very strange interpretation, and that is why we see some of these individuals being summoned to the prosecutor's office instead of the court. Of course, it should be noted that the prosecutor's office has not yet made a definitive decision in this regard; however, some are still trying to bring the behavior of female actors under this article. The reason for this is that the punishment of the note of Article 638 is considered insufficient by them for removing the hijab, and for this reason, they want to categorize it under Article 640 to impose heavier penalties for hijab removal; however, the behavior of these individuals does not fall under paragraph 3 of Article 640 of the Islamic Penal Code at all.' Kaveh Farnam, a producer: 'The courage of artists who do not accept mandatory coverage is commendable.' The insistence of the Islamic Republic officials on observing mandatory hijab; civil resistance of Iranian women continues. The prosecutor's office in Qeshm seized a ship due to 'mixed recreational sea activities of several tourists.' Reactions to 'hijab' and 'chastity' propaganda from the words of Tolstoy and Hugo. The Basij Organization of Guilds: Special clothing for female sellers has been designed. The government's media attacks on actors opposing mandatory hijab with new accusations; 'hypocrite,' 'promoter of corruption,' 'unforgivable.' The spokesperson for the judiciary announced the submission of a 9-article bill regarding 'hijab and chastity' to the government. A judicial case was formed for Baran Kowsari and Shaghayegh Dehghan due to their opposition to mandatory hijab. Mandatory hijab | The head of the athletics federation resigned; the attorney general threatened pilots. Concerns of the Islamic Republic officials about the increase in 'civil resistance' of opponents of mandatory hijab in summer. The likelihood of not broadcasting some Iranian series due to the ban on the appearance of actors has strengthened. Dealing with opponents of mandatory hijab | Closure of the 'Diplomat Center'; officials of the Shiraz marathon were summoned. After Katayoun Riahi, Pantea Bahram is also going to the prosecutor's office. The imposition of the Islamic Republic's desired dress code; from the prohibition of ties to the obligation to wear headscarves. Summoning several artists opposing mandatory hijab; the Tehran prosecutor threatened them with detention. Two cinema actors were accused of 'creating public anxiety' due to 'hijab removal.' Reactions to Afsaneh Bayegan's presence without hijab at the House of Artists with lion and sun earrings.