UN working group on arbitrary detention declares that Iranian rapper Toomaj Salehi’s detention violated international law

On 13 March 2025, the United Nations Working Group on Arbitrary Detention (“UNWGAD”) issued an opinion declaring that Iranian rapper Toomaj Salehi’s detention of more than 753 days was arbitrary and in violation of international law. A joint petition was submitted to the UNWGAD by the Human Rights Foundation, Doughty Street Chambers, and Index on Censorship in July 2024. 

Mr Salehi has been subjected to a sustained campaign of judicial harassment by Iranian authorities, which has included periods of imprisonment, arrest, torture, and a death sentence. His treatment was the result of his music and activism in supporting protest movements across Iran.

Mr Salehi was first arrested in October 2022, after he released a song supporting the protests that followed Mahsa Amini’s death in custody. After an extended period of pre-trial detention, including significant time spent in solitary confinement, Mr Salehi was sentenced to six years and three months’ imprisonment for charges including “corruption on earth”, as well as being banned from leaving Iran for two years. 

Mr Salehi was temporarily released in November 2023 but was rearrested only 12 days later, after posting a video detailing the torture he endured. In April 2024, he was sentenced to death. His death sentence was overturned by Iran’s Supreme Court in June 2024. Shortly after, two further cases were filed against Mr Salehi based on his new song, Typhus. In December 2024, Mr Salehi was released from prison, although the two most recent cases remain on foot. 

In its opinion, the UNWGAD found that there was a clear pattern of discrimination against Mr Salehi on the basis of his political opinions and as an artist expressing dissent. The UNWGAD said that “ultimately, the song, social media posts, and video were forms of Salehi’s exercise of his freedom of expression”, and concluded that he had been targeted primarily for these forms of speech. The UNWGAD had particular regard to the vague and overly broad “corruption on earth” charge, observing that none of Mr Salehi’s alleged crimes fall under it.

The UNWGAD’s opinion also noted that Mr Salehi wasn’t tried by a public or independent court and was given limited access to his lawyer. Even when he was able to contact his lawyer, the calls were monitored. The UNWGAD expressed grave concern about the torture that Mr Salehi endured during his detention and the brief period of enforced disappearance, and indicated particular concern about the use of torture to compel a confession. 

In response to the opinion, Mr Salehi’s cousin, Arezou Eghbali Babadi, said:

“What is happening under the Iranian regime against those who stand for their rights is a direct assault on human dignity and justice. Those in power manipulate the system to silence voices of truth, leaving individuals defenseless. With no safeguards, no accountability, and no limits to their violence, every moment is uncertain. This is not just about Toomaj but it is about a nation’s struggle against fear. This cruelty can be inflicted for something as simple as singing a song or sharing a post. There is an urgent need for the world to stand against tyranny. This opinion by the UNWGAD is an important step towards that goal.”

Nik Williams, campaigns and policy officer at Index on Censorship said: 

“​​For years, Toomaj has faced persecution for his music, activism and solidarity with the courageous women of Iran and everyone standing up for human rights in the country. We welcome this opinion from the UN Working Group on Arbitrary Detention, which is an important and timely reminder of the need for continued international support and pressure to ensure he remains free and able to continue his music.” 

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

“Our brave, brilliant client, Toomaj Salehi, stood firm as Iranian authorities targeted him – with arrests, 753 days’ imprisonment, torture, and a death sentence – and fearlessly maintained his basic right to express himself through his art. His has been an important voice in the push by Iranian people for recognition of their human rights.

Now the UN Working Group’s Opinion confirms the unlawfulness of Mr Salehi’s treatment. It underscores the need to ensure that Mr Salehi remains free, and is not again subjected to arbitrary and unjust treatment by the State. It is a welcome and timely reminder for Iranian authorities that they will be held to account for their actions.”

Claudia Bennett, legal and programme officer at Human Rights Foundation said:

“The UNWGAD’s decision is not just a victory for Toomaj but for all prisoners of conscience in Iran. His case exemplifies the Iranian regime’s intolerance of any criticism, even in the form of art. This decision highlights the alarming reality that a simple song can lead to an absurd charge like ‘corruption on earth’ in Iran, a crime punishable by death. With this decision, the Iranian regime must understand that if it continues to deprive Iranian citizens of their most basic rights and freedoms, the international community will hold it accountable.”

Any press queries for Index on Censorship should be directed to Nik Williams on [email protected].

More background about Toomaj Salehi is available on social media, at @OfficialToomaj (X) and @ToomajOfficial (Instagram). More details of the campaign can be found at #FreeToomaj.

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.” 

Nobody is safe from Iran’s protest crackdown

We at Index on Censorship were rocked by last week’s news that Iranian rapper and human rights defender Toomaj Salehi has been sentenced to death for “spreading corruption on earth” following his involvement in the country’s Woman, Life, Freedom protests. The news was widely received with outrage and triggered significant pushback. Protests took place in cities all over the world, while a social media campaign calling for his release led to the hashtag #FreeToomaj trending on X (formerly Twitter).  We joined with organisations PEN America and Artists at Risk Connection (ARC) to voice our condemnation of the Iranian’s sentence.

At Index we are committed to campaigning for Toomaj – the winner of Index’s 2023 Arts Freedom of Expression Award – to be freed from his unjust and outrageous sentence. However, this is not an isolated case. Another Iranian, Abbas Daris, was also sentenced to death for his role in the protests in 2021, although he was granted a retrial in 2023. Iran Human Rights director Mahmood Amiry-Moghaddam said in a statement: “There’s no evidence against him but torture-tainted forced confessions, his sentence is unlawful not only according to international laws but even according to the Islamic Republic’s own laws.”

Similarly, in October 2023 Iranian Kurdish man Reza Rasaei, who was involved in the protests, was sentenced to death after being convicted of murder in a trial described by Amnesty International as “grossly unfair” due to the use of Rasaei’s confessions obtained through torture as evidence. 

Other citizens have been jailed for their part in advocating for human rights. Asghar Nikoukar, a musician who played music at the graves of those killed during the protests, was sentenced to five years in prison. He has now been released but with an electronic tag, meaning he will spend the remainder of his sentence outside jail with limited mobility.

Earlier this week, news broke of one Iranian woman who had endured an even worse fate. A leaked document understood to have been written by Iran’s security forces revealed that Iranian teenager Nika Shakarami, who disappeared from an anti-regime protest in 2022 and whose body was found nine days later, was sexually assaulted and killed by three men. The Iran government claimed she took her own life.

The government has targeted those in the state fighting for women’s rights and human rights for many years, a worrying trend that has significantly increased since the Woman, Life, Freedom protests of 2022. The protests were sparked by the death of Mahsa “Jina” Amini in September of that year after being detained by Iran’s “morality police” for not wearing a headscarf. According to human rights groups, during the protests security forces used lethal force on protesters and killed more than 500 people.

Some of those who participated in the protests have already been executed by the Iranian regime. A report from two campaign groups – Norway-based Iran Human Rights (IHR) and France’s Together Against the Death Penalty (ECPM) – found that at least eight protesters were executed in 2023, six of whom had been arrested in relation to the Woman, Life, Freedom demonstrations and sentenced after unfair trials. 

“Instilling societal fear is the regime’s only way to hold on to power,” Iran Human Rights Director Mahmood Amiry-Moghaddam told the BBC in the wake of the report.

Salehi was already a well-known rapper who was renowned for his songs critiquing the Iranian regime, and had been arrested and imprisoned in 2021 for “propaganda against the regime” and “insulting the supreme leadership authority”. His decision to continue to throw his weight behind the Woman, Life, Freedom protests despite this is a testament to his incredible bravery. His case is incredibly important and urgent, as are the cases of the many others who have been punished for peaceful protesting. 

There is a risk that external affairs, such as the state’s current involvement in the Israel-Gaza war, has overshadowed the injustices faced by those inside the country. We published an interview with Iranian film-maker Vahid Zarezadeh last week, who expressed his concern that the fate of protesters in Iran are being forgotten under the circumstances.

“Governments often utilise external conflicts to divert attention from domestic issues,” Zarezadeh said.

Toomaj’s case cannot be viewed as a one-off, but as a result of the actions of an authoritarian state systematically persecuting those who speak out against the regime, whether or not they have a large profile. We can’t allow the extent of the issue to go under the radar.

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