United Nations member states must call for Toomaj Salehi’s release

This afternoon, the president of the Islamic Republic of Iran, Masoud Pezeshkian, will address world leaders at the United Nations General Assembly. He left Tehran for New York on Sunday, reportedly accompanied by a large delegation of 40 people, including close family members.

Pezeshkian’s trip to New York comes as renowned rapper and human rights activist  Toomaj Salehi remains in prison in Iran despite widespread international  condemnation. Salehi’s music and activism have supported the Woman, Life, Freedom movement in Iran, challenged corruption, and tackled human rights abuses by the Iranian authorities. In retaliation for his work, Salehi has been subjected to over three years of judicial harassment. He has been imprisoned, beaten, and tortured. In  April 2024, he was sentenced to death by Branch 1 of the Isfahan Revolutionary Court for “corruption on earth,” punishable by death under the Islamic Penal Code. The death sentence was overturned by the Iranian Supreme Court in June 2024 and referred to the Revolutionary Court for sentencing. But months later, Salehi remains  imprisoned — and now the authorities have charged him with fresh offences for his music and his work. The Iranian authorities continue to refuse to provide him with adequate healthcare, including treatment and pain relief for his torture-inflicted injuries.  

Two Urgent Appeals have been filed with United Nations (UN) bodies. In May 2024, an Urgent Appeal was filed with two UN Special Rapporteurs by an international  legal team at Doughty Street Chambers on behalf of the family of Toomaj Salehi and Index on Censorship. In July 2024, the Human Rights Foundation submitted an  individual complaint to the UN Working Group on Arbitrary Detention in Salehi’s  case, in conjunction with the counsel team at Doughty Street Chambers and Index on  Censorship. 

Today’s Call 

In advance of Pezeshkian’s speech today, Salehi’s family, his international counsel team at Doughty Street Chambers, Index on Censorship, and the Human Rights Foundation call for Iran to immediately and unconditionally release Salehi. 

Salehi’s friend and manager of his social media accounts, Negin Niknaam, said: “Toomaj remains unlawfully in Dastgerd prison despite the lack of an arrest order and being in need of urgent medical care to avoid permanent disability for injuries he  endured in custody under torture, which in itself is forbidden as per Article 38 of the  Iranian Constitution.  

“I ask UN Member States to urgently raise these concerns, remind the Islamic Republic of Iran’s authorities of the legal obligations and demand a full commitment for the immediate release of Toomaj from President Masoud Pezeshkian before his address at  the United Nations General Assembly in New York.” 

Salehi’s cousin, Arezou Eghbali Babadi, added: “The international community’s solidarity and support have played a key role so far in  ensuring the death penalty for my cousin Toomaj Salehi was overturned. Now the  international community must speak out and press the Iranian president to release Toomaj, before it is too late.” 

Iranian filmmakers pull it out of the bag

In a perceptive video essay titled Irani Bag, made in 2020, Maryam Tafakory illustrates how Iranian filmmakers get around the Islamic taboo on touch. Interweaving her commentary with film clips from 1989 to 2018, she highlights how bags have long been a recurring device in Iranian films, allowing men and women to “touch” on screen.

In one clip, a man and a woman riding on a motorbike are separated – or connected – by a bag lying between them. It functions as a substitute for human touch or an object of shared intimacy.

A bag can also be an extension of the body, and Tafakory demonstrates how men and women in these scenes repeatedly push, pull or strike each other using bags.

By contrast, in the scenes she shows without a bag, hands hover centimetres away from another person – the actors forbidden from touching.

If no direct contact materialises on screen, the filmmaker can dodge censorship. And, as Tafakory shows, Iranian cinema has developed a cinematic language “to touch without touching”.

Touch is not the only prohibition in Iranian cinema. The government has sought to align cinema and other arts with its interpretation of Islamic principles, and an overarching rule is gender segregation, which prevents men and women who are not mahram (related by blood or marriage) from interacting with each other.

As part of this, the wearing of the veil in public is strictly policed, as witnessed by Mahsa Jina Amini’s police custody death in 2022 and the ensuing Woman, Life, Freedom protests. Since cinema is regarded as a public space, female characters are always expected to be veiled – even indoors with their families where they would not wear veils in real life.

Cinema is regulated by the Ministry of Culture and Islamic Guidance (MCIG). Directors must submit their synopsis or screenplay for a production permit and, later, their completed film for a screening permit. At each stage they can be asked to make changes or otherwise risk censorship. When a film is released, the Iranian press can accuse the makers of siāh-namāyi: presenting the country in a negative light.

There are some obvious red lines for the censors: no direct criticism of Islam or Iran’s Islamic Republic, nothing too violent, and certainly no sex. But MCIG guidelines are not detailed, so moviemakers have learned other censorship criteria through trial and error.

What is permissible is always shifting due to changes in society and filmmakers pushing against boundaries.

It is important to observe that state censorship is not the only obstacle that Iranian filmmakers encounter. International funders and markets impose expectations of what their films should be about. Indeed, many filmmakers have reported to me that they find these restrictions to be as challenging as censorship.

But where censorship is concerned, filmmakers who want to explore intimacy and other sensitive topics must find creative ways to work around imposed constraints. This is reminiscent of Hollywood under the Production Code from 1934 to 1966 when political, religious and cultural restrictions on filmmaking compelled directors to employ subtle techniques that left more to viewers’ imaginations.

In Iranian cinema in the 1980s and 1990s, it was noticeable how often key roles were given to children. This was partly a creative response to new taboos as, in the early decades of the Islamic Republic, filmmakers realised that children could overcome constraints of gender segregation by acting as adult substitutes or purifiers of male-female contact.

For example, when the protagonist Nobar shares intimate moments with her lover Rasul in The Blue Veiled (1995), her youngest sibling, Senobar, serves as a mediator. Senobar even rests her head in Rasul’s lap, a proxy for her sister. The child lends an innocent aura to an erotically charged scene.
Children can also cross social boundaries and navigate between private and public spaces. In Jafar Panahi’s debut feature The White Balloon (1995), a little girl, Razieh, embarks on a quest to buy a goldfish for Nowruz (Persian New Year) and encounters people from different walks of life on Tehran’s streets, including an Afghan balloon seller.

Filmmakers have subtly used children to highlight Iran’s sociopolitical realities, among them the after-effects of the Iran-Iraq war (as in the 1989 film Bashu, the Little Stranger), the plight of the country’s Afghan minorities (The White Balloon) and the Kurds’ hardships on the Iran-Iraq border (for example, A Time for Drunken Horses from 2000, or 2004’s Turtles Can Fly).

The political climate has waxed and waned as moderate and hardline governments have relaxed censorship restrictions and tightened them again. Yet intermediaries for male-female contact have been enduring ploys throughout.

In one of several storylines in Tehran: City of Love (2018), a woman called Mina dates a man, Reza, who ultimately confesses he is married. As consolation, he couriers her a giant teddy bear. Subsequently, Mina is seen waiting at a bus shelter side-by-side with the gargantuan soft toy – Reza’s comic stand-in.

Another creative solution has been the use of the road movie genre. Simultaneously private and public, a car is a space that allows small, everyday transgressions. Being in a car relaxes the rules of compulsory veiling and encourages behaviour normally kept behind closed doors. It emboldens people to express themselves more freely. Filmmakers tap its emancipatory potential in both their production strategies and their on-screen representations.

In Ten (2002), a female passenger, whose fiancé has jilted her, removes her headscarf to reveal her head shaved in mourning and as a token of a new beginning. In Panahi’s Taxi Tehran (2015) – his third feature made clandestinely since his 2010 filmmaking ban – a series of passengers take a taxi. The cabbie is Panahi himself, masquerading in a beret. Before his ban, he was accustomed to filming in the bustling outdoors. With the car and small digital cameras, he can shoot outside again.

One of his passengers is lawyer Nasrin Sotoudeh, renowned for her work defending political prisoners. Like Panahi, she has been repeatedly imprisoned and banned from leaving Iran and practising her profession. As she gets out, she advises him to delete her words from his film to avoid more hassle from authorities. This is an underground film – made illegally, without official permits, and distributed on Iran’s black market and abroad. So Sotoudeh’s words survive the edit, registering the film’s furtive mode of production.

In Atomic Heart (2015), we first encounter Arineh and Nobahar intoxicated after a party. They are part of a modern, Westernised subculture that likes to revel, drink and take drugs, and largely rejects the Islamic Republic’s values. As their anti-regime attitude cannot be directly shown, the film hints at their unconventional lifestyle by inhabiting the road movie genre – associated with freedom and rebellion – as they whirl around nocturnal Tehran. The film evokes the subversive behaviour of real-life Iranian youth who, given restrictions on public gathering as well as bans on nightclubs and disapproval of open displays of romantic affection, have taken to the highways, especially at night.

Inserting a story within a story is a further tactic for circumventing censorship. In The Salesman (2016), Emad and Rana perform Arthur Miller’s Death of a Salesman in an amateur theatre group. The film mirrors the play, highlighting the couple’s relationship after Rana is assaulted by an intruder in their apartment – a scene left unshown to avoid censorship and engage the audience in speculating about what transpired between Rana and her attacker. In the story within a story, meaning is multi-layered, residing in the inner as well as the outer tale.

Since short films are less strictly regulated by screening permit requirements, directors are bypassing these rules by composing feature films from several shorts. Mohammad Rasoulof’s There Is No Evil (2020) comprises four short stories about characters involved in the state’s capital punishment system. Given Rasoulof’s filmmaking ban, his production team tactically applied for four short film permits without listing his name on the forms.

In Tales (2014), which was also created as multiple shorts joined together as a feature, a documentary filmmaker character shoots a film within a film. When an official notices his camera filming a workers’ protest, the recording halts. The film segues to the next story, suggesting the camera’s confiscation. Later, the filmmaker retrieves his camera without the seized footage. He determines to continue filming, stating: “No film will ever stay in the closet. Someday, somehow, whether we’re here or not, these films will be shown.” His words reflect a popular Iranian saying that a film’s purpose is to be shown to an audience.

These kinds of strategies are testament to Iranian filmmakers’ creativity. Although they cannot be overtly critical of the regime, they have developed resourceful ways to try to ensure that their films can explore sensitive topics and still be shown.

Contents – The final cut: How cinema is being used to change the global narrative

Contents

The Summer 2024 issue of Index looks at how cinema is used as a tool to help shape the global political narrative by investigating who controls what we see on the screen and why they want us to see it. We highlight examples from around the world of states censoring films that show them in a bad light and pushing narratives that help them to scrub up their reputation, as well as lending a voice to those who use cinema as a form of dissent. This issue provides a global perspective, with stories ranging from India to Nigeria to the US. Altogether, it provides us with an insight into the starring role that cinema plays in the world politics, both as a tool for oppressive regimes looking to stifle free expression and the brave dissidents fighting back.

Up Front

Lights, camera, (red)-action, by Sally Gimson: Index is going to the movies and exploring who determines what we see on screen

The Index, by Mark Stimpson: A glimpse at the world of free expression, including an election in Mozambique, an Iranian feminist podcaster and the 1960s TV show The Prisoner

Features

Banned: school librarians shushed over LGBT+ books, by Katie Dancey-Downs: An unlikely new battleground emerges in the fight for free speech

We’re not banned, but…, by Simon James Green: Authors are being caught up in the anti-LGBT+ backlash

The red pill problem, by Anmol Irfan: A group of muslim influencers are creating a misogynistic subculture online

Postcards from Putin’s prison, by Alexandra Domenech: The Russian teenager running an anti-war campaign from behind bars

The science of persecution, by Zofeen T Ebrahim: Even in death, a Pakistani scientist continues to be vilified for his faith

Cinema against the state, by Zahra Hankir: Artists in Lebanon are finding creative ways to resist oppression

First they came for the Greens, by Alessio Perrone, Darren Loucaides and Sam Edwards: Climate change isn’t the only threat facing environmentalists in Germany

Undercover freedom fund, by Gabija Steponenaite: Belarusian dissidents have a new weapon: cryptocurrency

A phantom act, by Danson Kahyana: Uganda’s anti-pornography law is restricting women’s freedom - and their mini skirts

Don’t say ‘gay’, by Ugonna-Ora Owoh: Queer Ghanaians are coming under fire from new anti-LGBT+ laws

Special Report: The final cut - how cinema is being used to change the global narrative

Money talks in Hollywood, by Karen Krizanovich: Out with the old and in with the new? Not on Hollywood’s watch

Strings attached, by JP O’Malley: Saudi Arabia’s booming film industry is the latest weapon in their soft power armoury

Filmmakers pull it out of the bag, by Shohini Chaudhuri: Iranian films are finding increasingly innovative ways to get around Islamic taboos

Edited out of existence, by Tilewa Kazeem: There’s no room for queer stories in Nollywood

Making movies to rule the world, by Jemimah Steinfeld: Author Erich Schwartzel describes how China’s imperfections are left on the cutting room floor

When the original is better than the remake, by Salil Tripathi: Can Bollywood escape from the Hindu nationalist narrative?

Selected screenings, by Maria Sorensen: The Russian filmmaker who is wanted by the Kremlin

A chronicle of censorship, by Martin Bright: A documentary on the Babyn Yar massacre faces an unlikely obstacle

Erdogan’s crucible by Kaya Genc: Election results bring renewed hope for Turkey’s imprisoned filmmakers

Race, royalty and religion - Malaysian cinema’s red lines, by Deborah Augustin: A behind the scenes look at a banned film in Malaysia

Comment

Join the exiled press club, by Can Dundar: A personalised insight into the challenges faced by journalists in exile

Freedoms lost in translation, by Banoo Zan: Supporting immigrant writers - one open mic poetry night at a time

Me Too’s two sides, by John Scott Lewinski: A lot has changed since the start of the #MeToo movement

We must keep holding the line, by Jemimah Steinfeld: When free speech is co-opted by extremists, tyrants are the only winners

Culture

It’s not normal, by Nazanin Zaghari-Ratcliffe: Toomaj Salehi’s life is at the mercy of the Iranian state, but they can’t kill his lyrics

No offence intended, by Kaya Genc: Warning: this short story may contain extremely inoffensive content

The unstilled voice of Gazan theatre, by Laura Silvia Battaglia: For some Palestinian actors, their characters’ lives have become a horrifying reality

Silent order, by Fujeena Abdul Kader, Upendar Gundala: The power of the church is being used to censor tales of India’s convents

Freedom of expression is the canary in the coalmine, by Mark Stimpson and Ruth Anderson: Our former CEO reflects on her four years spent at Index

Iran: Complaint to the UN Working Group on Arbitrary Detention in response to the ongoing judicial persecution of Toomaj Salehi

Doughty Street Chambers, Index on Censorship and Human Rights Foundation jointly submitted a complaint to the United Nations Working Group on Arbitrary Detention (UNWGAD) regarding the ongoing detention and mistreatment of Iranian rapper, Toomaj Salehi. The complaint was submitted on behalf of Mr Salehi’s family.

The complaint raises the Iranian government’s failure to comply with its international legal obligations in its treatment of Mr Salehi. Mr Salehi was first detained for his art in October 2022, and has since been repeatedly arrested on overlapping and shifting charges. During his time in custody, Mr Salehi has endured: physical torture that left him with a broken arm and leg and a fractured rib, amongst other injuries; nearly 300 days’ incommunicado detention without access to his family or legal representatives; significant delays in charges being communicated to Mr Salehi; significant restrictions on his lawyers’ access to documentation related to his charges; and failure to comply with basic due process requirements in his repeated arrests. Mr Salehi was briefly released on bail in November 2023, but was rearrested only days later and prevented from accessing medical treatment for injuries suffered in prison.

Mr Salehi’s treatment amounts to judicial harassment. In April 2024, he was sentenced to death for alleged crimes including “corruption on earth,” which arose from him using his music and his voice to support Iranian women following the death of Mahsa Amini while in custody of Iran’s morality police. Mr Salehi’s death sentence was overturned by Iran’s Supreme Court on 22 June 2024, on the grounds that it was contrary to Iranian law and excessive.

However, Mr Salehi remains in custody. His case is now before Branch 5 of the Revolutionary Court in Isfahan, with the guidance that the court cannot reassert the death sentence or impose a sentence longer than six years’ imprisonment. Since his case was returned to that Court, Iranian authorities have announced that two new cases had been filed against him: (i) propaganda against the regime and incitement of the public to murder and violence, which has been referred to the Revolutionary Court, and (ii) insulting sacred values and spreading falsehoods, which has been sent to the Criminal Court nr. II. Both cases appear to arise from Mr Salehi’s rap songs and his calls for greater freedoms for Iranian people.

Iran frequently uses arbitrary detention, torture, and executions to silence dissent. We stand by what we said on 22 June 2024: any further period of imprisonment would be a grave injustice. Mr Salehi has done nothing other than to call for his, and other Iranians’, fundamental rights to be respected. He must be free to continue using his voice, and to seek the medical care he needs following his imprisonment.

Mr Salehi’s cousin, Arezou Eghbali Babadi said:

Despite the overturning of Toomaj's death sentence, authorities aim to keep him imprisoned long-term. They often use cruel tactics, such as re-accusing prisoners of baseless charges to break them mentally and instil fear in others seeking freedom. These actions are part of an ongoing strategy of targeting the innocent lives of all Iranians fighting for democracy and justice. All accusations against Toomaj are baseless, and he must be freed immediately.

Toomaj’s friend and manager of his social media accounts, Negin Niknaam said:

Fabricating cases and making baseless charges against Toomaj Salehi, even though he has been imprisoned for over 20 months, has only one meaning: Since the Islamic Republic was unable to execute him following global outrage, it is now attempting to keep him in prison or pressuring him into silence. This is not an individual act of suppression, but systematic suppression aimed at silencing and isolating dissidents. With each passing day, Toomaj’s life is being destroyed behind bars. The Iranian regime must be held accountable for the violence it commits against dissidents. They must put an end to this psychological torture inflicted on Toomaj and his loved ones. He must be freed.

Jemimah Steinfeld, CEO of Index on Censorship, said:

The ongoing persecution of Toomaj Salehi is a stain on Iran. These new charges and the ill treatment he has received are an affront to basic human rights. Iran now has a new president, a man who has been positioned as a “moderate”. We implore him to free Toomaj Salehi and indeed all others wrongfully imprisoned for exercising their free speech rights. In the meantime, our thoughts are with him and his family - they have been through enough and we can only hope this extremely traumatic period will come to an end soon.  

Claudia Bennett, a legal and programs officer, Human Rights Foundation said:

Salehi is serving sentence after sentence with no end in sight. The Iranian regime knows the impact he has on the Iranian people and is willing to do whatever it takes to keep him in detention. The countless charges against Salehi show that they will go to extreme lengths to squash dissent. But enough is enough. Art is a human right, and supporting gender equality is not a crime.

Caoilfhionn Gallagher KC, international counsel for Mr Salehi’s family, Index on Censorship, and the Human Rights Foundation said:

Toomaj Salehi is a brave and brilliant artist, who uses his words and his music to stand up to the Iranian authorities’ abuses. The years of torture, imprisonment, and judicial harassment that he has endured have been the result of peaceful actions that have brought hope and inspiration to people in Iran and around the world - and him exercising his right to freedom of expression. 

 When the death sentence was overturned the international community celebrated. But now it is vital that the international community does not look away whilst the Iranian authorities continue to flagrantly violate Mr Salehi’s rights. The authorities are abusing judicial procedures to attempt to silence him and keep him locked away. Mr Salehi’s continuing detention is arbitrary and unlawful. He should be immediately and unconditionally released. 

              *ENDS*

 NOTES TO EDITORS

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