03 May 24 | Iran, News and features, Press Releases
An urgent appeal has been filed with two United Nations Special Rapporteurs on behalf of the family of Toomaj Salehi, an Iranian rapper and activist who has been sentenced to death in Iran.
Mr Salehi has been repeatedly imprisoned for his art – his rap music and videos – which is critical of Iranian authorities. Despite being arrested and released in 2021 for his music, Mr Salehi continued to make music and post videos expressing his opposition to the Iranian regime. After the death of Mahsa Amini in September 2022, following her arrest for allegedly improperly wearing her hijab, Mr Salehi took part in the protests calling for justice and released multiple rap songs and videos speaking out for women’s rights.
In October 2022, he was arrested for his involvement in the ‘Woman, Life, Freedom’ movement and protests triggered by Mahsa Amini’s death. He was sentenced to over six years’ imprisonment, but then released in November 2023 when Iran’s Supreme Court identified flaws in his sentence. Two weeks later, however, he was re-arrested after recording a video in which he spoke about having been tortured in prison. In January 2024, he was sentenced to one year’s imprisonment and began serving that sentence.
On 23 April 2024, Mr Salehi’s domestic lawyer in Iran was notified that Branch 1 of the Isfahan Revolutionary Court had sentenced Mr Salehi to death. His death sentence was handed down for crimes including “participating in rebelling against state”, “gathering and colluding against national security”, and “propaganda against state”. The charges were said to amount to “corruption on Earth” which is punishable by death under the Islamic Penal Code. The ruling also includes a two-year travel ban and a two-year ban on practising art.
The appeal window within Iran is very short: 20 days from 23 April 2024. There is profound concern that the Iranian authorities may move very quickly following any appeal by Salehi to implement the sentence, particularly given the documented increase in executions in Iran. An April 2024 report by Amnesty International found that the Iranian authorities had executed at least 853 people last year, the highest number for eight years, transforming Iranian prisons into sites of mass killings.
A team of international lawyers from Doughty Street Chambers is acting for Toomaj Salehi’s family and Index on Censorship. Last night, they filed an Urgent Appeal with the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions and the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. They submit that Iran is in violation of its international legal obligations, failing to respect multiple rights of Mr Salehi’s, including his rights to life, to be free from torture, to a fair trial, and to freedom of expression.
Caoilfhionn Gallagher KC, Jonathan Price, Sam Jacobs and Nikila Kaushik are instructed by Mr Salehi’s family and Index on Censorship, which is also supporting Mr Salehi and his family. Mr Salehi was Index on Censorship’s 2023 Freedom of Expression Art Award winner, recognising the importance of his work and his courage.
Mr Salehi’s cousin, Arezou Eghbali Babadi, welcomed the filing of the UN Urgent Appeal, and said: “The international community must stand in solidarity with Toomaj Salehi and all those who bravely speak out against injustice and oppression in Iran. Failure to act would not only imperil Toomaj’s life and well-being but would also embolden the Iranian regime to continue its harsh treatment of political prisoners which mostly meant to intimidate people and suppress dissent.”
Caoilfhionn Gallagher KC, international counsel for Toomaj Salehi’s family and Index on Censorship, said: “Toomaj Salehi is a brilliant, brave, talented artist, who uses his music and his videos to stand up to the barbaric Iranian regime and to support the Iranian people’s struggle for human rights, democracy and freedom. The Iranian authorities have repeatedly tried to silence Toomaj. He has been unjustly imprisoned, prosecuted, beaten and tortured. Now, in a grotesque abuse of power, the Isfahan Revolutionary Court has sentenced Toomaj to death for his art – for his music and his words. This is flagrant flouting by Iran of its international legal obligations in its drive to quell any dissent, no matter how peaceful, and in its violent and lethal war against its own people.”
Nik Williams, Policy and Campaigns Officer at Index on Censorship, has said: “The death sentence given to Toomaj Salehi is a grotesque abuse of power by a regime that has criminalised dissent, art and expression. While Toomaj is one of thousands who have been persecuted following the tragic death of Mahsa Amini in police custody, his case symbolises the bravery of everyone who has spoken up. This is why Index is honoured to be working with his family and Doughty Street Chambers to try to secure his release. No one should be sentenced to death for their music or for standing as an ally to the courageous women who have been protesting since 2022.”
The Urgent Appeal asks that the UN Special Rapporteurs take exceptionally urgent action given the gravity of the situation and the imminent risk to Mr Salehi’s life.
Notes to Editors:
Any press queries for the international legal team should be directed to [email protected] or +442074041313.
Any press queries for Index on Censorship should be directed to Jemimah Steinfeld on [email protected].
15 Aug 23 | Afghanistan, News and features
Music has always occupied an important place in Afghan society, serving as a medium of expression, storytelling and a celebration of cultural identity. For decades, Afghan musicians have also played a vital role in providing solace to our war-torn nation. But the situation has completely changed since the return of the Taliban to power. Musicians are one of the most severely affected of the many sections of Afghan society by Taliban rule. A once vibrant community of artists is now facing repression. Like other art forms, the Taliban consider music un-Islamic as per their strict interpretation of Islam. The lives of musicians are endangered, their livelihoods and artistic freedom deprived.
Artists who survived and worked covertly during the previous stint of Taliban rule from 1996 to 2001 were aware of the dark future that awaited them and were haunted by old memories. When the Kabul fell on 15 August 2021 many musicians fled. Rashid Khan, one of the famous musicians based in Kabul, told us that on the second night after the fall of Kabul, he got a call from the security guard of his studio to tell him that people with guns had entered the office, broke all the instruments and set them on fire. They enquired about him before leaving and the incident terrified Khan. The next day he escaped to Pakistan with his family.
The Artistic Freedom Initiative, which helps with the resettlement of international artists who are persecuted or censored, in the past two years has received more than 3,000 requests from Afghan artists for relocation.
For those who remained the attacks started immediately and grew and grew. Just a couple of days into the Taliban’s regime they brutally killed a famous folklore singer. On 27 August 2021, Fawad Andarabi was murdered at home.
Restrictions were put in place surrounding live performances, public gatherings and entertainment venues. The music industry came to a halt. Many had to retrain, if they could. One of those is a singer named Abdul Qadir, who has started working as a motorcycle mechanic.
The ministry of vice and virtue banned music on the national broadcasting network. All entertainment channels on television and radio were no longer allowed to play any music. Today they are only allowed to play the Naghmas/Taranas (patriotic and nationalist songs) of the Taliban, which are “songs” with slogans and without any actual music. They’re designed to promote the ideology of the Taliban, glorify the leaders of the Taliban and romanticise their achievements.
The Afghanistan National Institute of Music was closed. The centre’s director, Ahmed Sarmast, says we are witnessing the end of great musical heritage and we agree.
Once a famous spot for music and entertainment in Kabul, Sar e chowk has now been turned into a regular market with no sign or remnants of music anywhere. The market used to be full of shops selling musical instruments. It had small studios where artists, musicians and singers would gather to make songs, create music and entertain people. That is now all gone and instead people sell fruit and vegetables.
In attempts to completely eradicate music from society, it is even banned during weddings. What happens to those who ignore the ban? In October 2021 people with guns entered a wedding ceremony in Nangahar where music was playing. They tried to break the loud speaker. When guests resisted, the armed people fired at them, killing two and injuring 10.
In a recent attack the Taliban confiscated musical instruments in the west province of Herat on 30 July 2023 and set them on fire.
These are just some examples in an endless list.
In these testing times, the international community must not forget Afghan musicians and artists. While providing humanitarian aid and evacuation to all vulnerable populations, there is a dire need to extend support to the artistic community as well. Collaborative efforts with international arts organisations, cultural exchanges and virtual platforms can offer a lifeline to Afghan musicians, allowing them to continue their craft and share their talent with the world.
17 Sep 20 | News and features
[vc_row][vc_column][vc_single_image image=”114914″ img_size=”full”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
Mehdi Rajabian is once again facing imprisonment. His crime? Including women’s voices in his music.
Rajabian is a musician in Iran, where women’s behaviour and expression – including their ability to sing in public or record their songs – is severely limited by the regime. But Rajabian has been determined to defy the authorities’ efforts to intimidate him, repress his art, and silence women’s voices. “I need female singing in my project,” Rajabian told Index on Censorship from his home in the northern city of Sari. “I do not censor myself.”
In August, Rajabian was summoned by the security police, who arrested him and took him to court. He was handcuffed and brought in front of a judge, who told him that the inclusion of women’s voices in his project “encouraged prostitution”. Rajabian was held in a prison cell for several hours but was able to post bail with the help of his family. He remains on probation and banned from producing music.
It is not the first time that the 30-year-old has faced imprisonment for his art. He spent three months blindfolded in solitary confinement in 2013, and was subsequently sentenced to six years in prison. He was released at the end of 2017 after undertaking a 40-day hunger strike. “I was completely sick after the hunger strike,” he explained. “When a prisoner goes on hunger strike, it indicates that he is preparing to fight with his life, that is, he has reached the finish line.”
After his release, Rajabian continued to make music and last year his album Middle Eastern was brought out by Sony Music. Every track on the album, which features more than 100 artists from across the Middle East, is accompanied by a painting by Kurdish artist and Index on Censorship award-winner Zehra Doğan.
But now Rajabian says that the pressure on him has become so great that it is extremely difficult for him to be able to collaborate with other musicians and to finish his next album. In August, a music journalist was arrested and detained in Evin Prison for several days after mentioning women’s music and referring to Rajabian in an article.
“Artists and ordinary people [in Iran] are all afraid to even talk to me,” he says. “I have been completely alone at home for years. Coronavirus days are normal for me.”
At home alone, he reads, watches films, and listens to music by John Barry. “I am currently reading Alba de Céspedes y Bertini’s books,” he told Index. But he spends most of his time reading philosophy. He believes that his interest in philosophy is one of the reasons why his music has been so targeted by the regime.
“The Iranian regime is not afraid of the music itself, it is afraid of the philosophy and message of music,” Rajabian explains. “Artists who do not have philosophy in their art are never under pressure.”
What does Rajabian believe the future has in store for him? “You can’t predict anything here. I am ready for any event and reaction,” he says. “But I still believe that we must fight and stand up”.
“I will continue to work, even if I return to prison,” he says. “I know that there is a prison sentence and torture for me, but I will definitely complete and publish [the album]. In Iran, making music is difficult for me because of the bans, but I have to make it.”
“Encourage banned artists,” Rajabian concludes. “They are not encouraged in their own countries. Be their voice.”
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You might also like to read” category_id=”71″][/vc_column][/vc_row]
18 Jun 19 | Index in the Press
London rap duo Krept & Konan have accused the Crown Prosecution Service of penalising drill musicians and have launched a petition calling on it to stop using the Serious Crime Act against rappers. Read in full here.
