One Year of Temporary Detention for Niloufar Hamedi and Elahe Mohammadi; Lawyers Say the Environment is 'Ready for Acquittal'

Lawyers for Niloufar Hamedi and Elahe Mohammadi emphasized that the environment is conducive for the acquittal of these two detained journalists, stating that more than two months have passed since their last defense, and the court has not issued a ruling nor converted their detention order into bail. Parto Borhanpour, the lawyer for Niloufar Hamedi, and Shahab Mirloohi, the lawyer for Elahe Mohammadi, in an interview published on Tuesday, September 19, in the Shargh newspaper, stressed that they have requested their release from judicial authorities, as their temporary detention should not exceed one year. According to Article 242 of the Criminal Procedure Code, 'the duration of a defendant's detention should not exceed the minimum punishment prescribed by law for that crime,' and 'in crimes punishable by death, the duration of temporary detention does not exceed two years, and in other crimes, it does not exceed one year.' According to Niloufar Hamedi's lawyer, after the repeated charges of 'collaboration with the hostile government of the United States, conspiracy to commit a crime against national security, and propaganda against the Islamic Republic' were presented in two court sessions, she has repeatedly requested 'the conversion of the order and the release of the client even on bail' while providing a 'written defense statement,' but 'no clear response has been given,' although 'the General Directorate of Legal Affairs of the Judiciary has also emphasized that the court is obliged to release the defendant.' The U.S. Department of State rejected claims by Iranian judicial authorities regarding 'the connection of Niloufar Hamedi and Elahe Mohammadi with the U.S. government,' emphasizing that the trial of these two journalists, who played a role in reporting the death of Mahsa Amini, aims to 'intimidate journalists in Iran.' Borhanpour pointed out the similarities between the cases of these two journalists and those of Negin Bagheri and Elnaz Mohammadi, asserting that 'I see the environment conducive for the acquittal of my client.' Mirloohi also emphasized that the court acquitted Elnaz Mohammadi of the charge of collaborating with a hostile government, stating that when a 'specialized branch' in the Revolutionary Court does not consider a similar case as criminal, 'this charge no longer applies to our client.' Previously, Amir Reisiian, Elnaz Mohammadi's lawyer, reported the issuance of an acquittal for the charge of 'collaboration with a hostile government' against his client and a three-year suspended prison sentence for her and also for Negin Bagheri, journalists from the 'Ham Mihan' and 'Haft Sobh' newspapers, for the charge of 'conspiracy to commit a crime against national security.' The lawyer for Elahe Mohammadi also confirmed this situation for her, stating that according to Article 374 of the Criminal Procedure Code, 'a ruling should have been issued within a week at most,' and despite the spokesperson of the Judiciary stating a month and a half ago that 'the court is drafting a ruling,' 'no ruling or decision has been communicated to us so far.' While the spokesperson of the Judiciary claimed on July 31 that the charges against Elahe Mohammadi and Niloufar Hamedi regarding the report of Mahsa Amini's death and their journalism profession 'are not related,' Mirloohi stated that in the indictment 'the name of Ms. Mahsa Amini has been mentioned more than 10 times' and 'there are numerous references to journalistic activities and related terms,' and 'one of the main instances of the charge' against Elahe Mohammadi 'is her trip to Saqez and reporting on her funeral.' Mirloohi stated that the indictment explicitly claims that 'Elahe Mohammadi, as a journalist for Ham Mihan newspaper, played a key role in disseminating news' regarding Mahsa Amini's death and added that 'there is no evidence or documentation in the case that Ms. Elahe Mohammadi collaborated with the U.S. government.' Borhanpour, Niloufar Hamedi's lawyer, also emphasized that 'there is no evidence or documentation of her collaboration' with the U.S. government, stating that in the joint statement of the Ministry of Intelligence and the IRGC Intelligence Organization, 'the main and significant charge' was 'news activity' regarding the death of Mahsa Amini. Saideh Fathi Abadi, a journalist, previously told Voice of America that the Islamic Republic does not even adhere to its own laws regarding Niloufar Hamedi and Elahe Mohammadi. According to a report by Reporters Without Borders, during the 'widespread crackdown' on protests following Mahsa Amini's death, the Islamic Republic detained 79 journalists, including 31 female journalists.