Lawyer Amir Reisiann Warns of Execution Risk for Pakhshan Aziz: Appeal Denied

Amir Reisiann, the lawyer for Pakhshan Aziz, a civil activist sentenced to death, announced that the Supreme Court of the Islamic Republic has rejected his client's request for a retrial and lifted the order to halt the execution, warning that "the risk of execution exists at any moment." In an interview with 'Shahrak Network', affiliated with Shargh newspaper, published on Thursday, February 6, 2024, he added: "The Ninth Branch of the Supreme Court issued a ruling on February 6, which was communicated to us on February 17, rejecting the retrial request in this case." This lawyer pointed out that the Ninth Branch of the Supreme Court "stated that the objections raised against the ruling and the trial process are substantive issues, thus rejecting our retrial request." He also mentioned that the specialized working group of the Criminal Branch of the Supreme Court regarding Article 474 in March 2024, with a majority opinion, announced that reviewing Clause 4 of Article 474 of the Criminal Procedure Code and its application regarding the non-criminality of the actions of the convicted party, which was the main basis for our retrial request, is among the cases for retrial, and the branches of the court, when examining a retrial, can grant it if any of the three essential elements of a crime are found to be absent, and this opinion is closely related to the substantive defenses presented in the retrial request. The defense lawyer for Pakhshan Aziz, imprisoned in Evin Prison, explained: "However, the Ninth Branch of the Supreme Court, whose head is a member of the aforementioned specialized working group, still did not accept this objection and, due to the substantive nature of the objections, rejected our retrial request." Amir Reisiann also stated: "Now, in the rejection of the retrial, Ms. Pakhshan Aziz is mentioned as a member of the Democratic and PKK (PJAK) groups, and it is not clear how she can simultaneously be a member of both mentioned groups." He reiterated the ambiguity of the charges, stating that it remains unclear which "rebel group" his client was a member of that led to the death sentence being issued. Reisiann added: "Now, this ambiguity and objection remain significant for us, as when a sentence of imprisonment was issued for hypothetical membership in the Democratic or PJAK groups under Article 499 of the Penal Code, how and for membership in which other group was a death sentence issued?" The defense lawyer for Ms. Aziz announced that "we will again file a new retrial request" and emphasized: "We will certainly not overlook other avenues, such as requesting the exercise of the powers of the head of the judiciary under Article 477." Meanwhile, Maziar Tataei, another lawyer for Pakhshan Aziz, wrote on social media platform X: "We had expressed our concern about the rushed proceedings. However, no attention was paid. A human life is at stake." Pakhshan Aziz was sentenced to death and four years in prison on August 24, 2024, by Branch 26 of the Islamic Revolutionary Court of Tehran, presided over by Iman Afshari, on charges of "rebellion through membership in opposing groups in the country." She was arrested in the summer of 2023 by the intelligence forces of the Islamic Republic in Tehran. The United States had previously called for the cancellation of the death sentence for Pakhshan Aziz, a Kurdish activist and social worker. A group of United Nations experts also expressed deep concern on January 15, 2024, over the confirmation of Pakhshan Aziz's death sentence by the Supreme Court of the Islamic Republic of Iran. According to the website of the UN Human Rights Council, they wrote: "The charges against Ms. Pakhshan Aziz do not reach the level of the most serious crimes for which a death sentence is required under international law" and emphasized that "her death sentence constitutes a serious violation of international human rights law." The confirmation of Pakhshan Aziz's death sentence has faced widespread domestic and international criticism. The United States, dozens of human rights organizations, political prisoners, Amnesty International, and a group of UN experts are among the opponents of this sentence. In this context, cities in Iranian Kurdistan witnessed a widespread strike of merchants and markets on January 22, 2024, in protest against the issuance of death sentences for Pakhshan Aziz and another civil activist, Vrishe Moradi. The call for this strike was issued by Kurdish parties. One day after this public strike, the government-affiliated news agency Tasnim, close to the Islamic Revolutionary Guard Corps, claimed that the execution of Pakhshan Aziz's sentence had been postponed. The campaign for the freedom of Pakhshan Aziz: hundreds of thousands have called for the cancellation of the death sentence. The Iran Human Rights Campaign has called for an end to the repression of "minority communities" in Iran. A member of the European Parliament has called for the cancellation of the death sentences for Pakhshan Aziz and Vrishe Moradi. Eight citizens protesting against the death sentences were arrested in Sanandaj and Saqez. Narges Mohammadi: The executioners have erected gallows in Iranian prisons. Criticism of executions continues; de-escalation of laws is a necessity for today's Iran. The campaign for the freedom of Vrishe Moradi: the life of this political prisoner remains in danger.