Lawyers of Hamidi and Mohammadi: Imprisonment Sentence is Meaningless; Case Should Be Closed

The lawyers of Elaheh Mohammadi and Niloufar Hamidi, two journalists who were arrested for reporting on the death of Mahsa Amini while in the custody of the Guidance Patrol and were released after about 400 days, emphasized that their clients are exempt from the charges of 'collaboration with an enemy state' and that they should be covered by the '2023 Amnesty Directive' and their case should be closed. Following the statements made on Sunday morning, October 22, by the spokesperson of the judiciary regarding the implementation of a five-year prison sentence for Elaheh Mohammadi and Niloufar Hamidi, Mohammadi's lawyer stated that her case is 'subject to the 2023 Amnesty Directive' and the enforcement of the prison sentence is 'legally meaningless' and 'a clear violation of the public amnesty order.' Shahabuddin Mirloohi said: 'My client meets all the conditions of the amnesty directive; her arrest and case were related to the protests of 2023 and after September 16, 2022, and the remaining charges (regardless of detailed legal discussions and the invalidity of the charges and independent of all legal criticisms that can be made about the issued verdicts) are all subject to amnesty, and therefore, like thousands of others who were granted amnesty during the events of 2023, her case should also be subject to amnesty and closed.' Elnaz Mohammadi, the sister of the journalist, also referred to the lawyer's statements, saying that despite her acquittal from the charge of 'collaboration with an enemy state,' the remaining charges 'should be subject to the 2023 Amnesty Directive, but the case has gone to the enforcement of sentences and our bad days continue.' Additionally, Partow Borhanpour and Hojjat Kermani, the lawyers of Niloufar Hamidi, expressed their surprise at the spokesperson's remarks, stating that 'without any ifs or buts, the announced amnesty directive in 2023 will apply to their client, as they said, 'the only barrier to her benefiting from the announced amnesty was the charge of collaboration with enemy states, from which she has been acquitted.' These two lawyers emphasized that 'the amnesty directive in 2023 explicitly states that those prosecuted for the protests of 2023, regardless of the stage of their case, should have their cases closed,' and added: 'We reiterate that what prevented the application of amnesty for Ms. Hamidi was the charge of collaboration with a foreign enemy state, and now that she has been acquitted of this charge, the judiciary must be accountable for why the announced amnesty has not been applied to her. Why has she been excluded? Why does the judiciary not take a stance on the nearly 17 months of illegal pre-trial detention imposed on Ms. Hamidi?' In this regard, Mohammad Hossein Ajorlou, Niloufar Hamidi's husband, wrote on X that 'a few days before her birthday, they said her five-year prison sentence will be enforced,' while 'her case should be closed.' Asghar Jahangir, the spokesperson for the judiciary, announced on Sunday at a press conference with the media that 'the harshest punishment will be applied in the cases of Niloufar Hamidi and Elaheh Mohammadi.' Elaheh Mohammadi and Niloufar Hamidi, two journalists who were arrested for reporting on the death of Mahsa Amini while in the custody of the Guidance Patrol, were temporarily released from Evin Prison after spending about 400 days with a bail of 10 billion tomans. One of the charges against them was 'collaboration with an enemy state,' which was dismissed in the appeals court. The United States government has repeatedly denied any connection or collaboration with these journalists and described the issuance of such sentences as an effort by the Islamic Republic to suppress freedom of expression in Iran.