30 Oct 2024 | Iran, Middle East and North Africa, News and features
Rap is not a crime. Calling for human rights and democracy is not a crime. Standing up in solidarity with the courageous women who took to the streets to protest their rights is not a crime. Yet, the fact that such basic truths need to be stated is a damning reflection of the current state of affairs in Iran. My family knows this harsh reality all too well. My cousin, the renowned rapper Toomaj Salehi, remains unjustly imprisoned.
Two years ago today, Toomaj was arrested. Due to the opaque nature of the Iranian justice system, we only know what has been communicated through the state’s propaganda channels. The Public and Revolutionary Prosecutor of Isfahan, Seyed Mohammad Mousavian, listed my cousin’s charges as “propaganda against the regime, cooperation with hostile states, and establishing an illegal group with the intention of disrupting national security.” Speaking to the Mizan News Agency, Mousavian added: “The accused played a key role in creating disturbances and inviting and encouraging the recent disturbances in Isfahan province and in Shahinshahr city.”
For our family, translating statements like these have become second nature. Simply put, the Islamic Republic’s power rests on inconsistency, vagaries and arbitrariness, instilling fear in the people. But voices like Toomaj, who declare “we are not afraid of you and stand with women demanding basic human rights” have shaken that foundation. They arrested him due to his influence and courage and because his music was seen as a threat. For the authorities, his prominence meant that if they could silence him, they could silence anyone.
But they underestimated my cousin.
Toomaj has always been outspoken, never backing down from telling the truth. While many Iranian artists use metaphors to cloak their criticism, Toomaj’s music speaks plainly and directly. His words shine a light on the reality that many cannot name. He always seeks to be clear and easily understood by everyone. This clarity was a reason he was popular and a reason he has been targeted.
His arrest two years ago wasn’t his first. On 13 September 2021, Toomaj was arrested at his home on charges of “insulting the Supreme Leader” and “propaganda against the regime”, following the release of his song Mouse Hole, which called out the “corporate journalist, cheap informer, court artist” who support the regime’s persecution of dissidents. He was released on bail on 21 September 2021 and one of the first things Toomaj did was record a music video, filmed outside the prison he had been held in.
Justice in Iran comes in waves – dark then light then dark – and our fight for Toomaj is no different. After his second arrest on 30 October 2022, he was sentenced to prison in July 2023. He was then released from Isfahan Central Prison on 18 November 2023 on bail, only for the darkness to return when he was rearrested less than two weeks later after he told the world about the torture and mistreatment he received.
Then in April 2024 we received the news that everyone who has a family member in prison dreads – reports that Toomaj was facing the death sentence. The light came when this was overturned by the Supreme Court but the bulb is flickering. He remains in prison facing new charges as the regime still intends to keep him imprisoned for as long as possible.
We are one of the thousands of families forced into campaigning for our loved one’s release after the brutal clampdown following the protests that erupted after the death of Mahsa Amini while in custody. Many have been robbed of the hope of ever seeing their family members again as a number of protesters have been executed by the regime. At a time when women risked everything to demand their rights, Toomaj knew standing alongside them was the only right thing left to do and that his music and visibility could bring more attention to their courage. This is why the regime has been so threatened and so willing to persecute him – holding him in solitary confinement, torturing him, threatening him with the death sentence and withholding medical treatment.
Toomaj’s resilience is unshakable, fueled by his unwavering pursuit of freedom. It is this vision that gives him the strength to keep fighting, no matter the obstacles. It is now up to the international community to stand up and exert pressure on Iran to demand his immediate release. The world must not remain silent – it must speak out like my cousin did when he saw wrongdoing and injustice.
18 Sep 2024 | Iran, News and features, Volume 53.02 Summer 2024
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.
24 Jul 2024 | Iran, Middle East and North Africa, News and features, Press Releases
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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