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.
24 Sep 2024 | News and features
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.”
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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22 Jun 2024 | Iran, News and features
Today, 22 June 2024, Iran’s Supreme Court overturned the death sentence handed down in the case of rapper Toomaj Salehi on the basis that it was contrary to Iranian law and excessive. Salehi had been sentenced to death for alleged crimes including “corruption on earth,” but his conviction and sentence arose from him using his music and his voice to stand in support of Iranian women and to speak out about his treatment in prison. The Supreme Court’s decision means that Salehi will not be executed for exercising his fundamental rights.
This verdict is the culmination of more than three years of judicial harassment – including arrest, imprisonment, and torture – directed at Salehi, whose music and activism have supported protest movements across Iran, called out corruption, and pursued greater human rights for all Iranians.
The decision to sentence Salehi to death was handed down by Branch 1 of the Isfahan Revolutionary Court on 23 April 2024. 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 practicing art. The verdict flew in the face of the principles underpinning a functional and independent judiciary.
On 3 May 2024 an urgent appeal was filed with two United Nations Special Rapporteurs by an international legal team at Doughty Street Chambers, on behalf of the family of Toomaj Salehi and Index on Censorship. The legal team, Index on Censorship and the family are now working together with the Human Rights Foundation to ensure protection of Salehi’s rights.
Index on Censorship, the Human Rights Foundation and Salehi’s international legal team at Doughty Street Chambers welcomes today’s decision by the Supreme Court. It is a clear demonstration of the injustice of the lower court decision, and we are delighted that Salehi no longer faces the threat of execution. The Supreme Court found that the death sentence delivered to Salehi was excessive and failed to comply with Iranian law.
Whilst the Supreme Court’s decision is an important correction to Salehi’s cruel and unlawful treatment, it is critical that his rights are properly respected. Salehi’s case has been returned to Branch 1 of the Isfahan Revolutionary Court for resentencing. Even a shorter period of imprisonment would be an injustice: Salehi has done nothing other than to call for his, and other Iranians’, fundamental rights to be respected. He must be free to continue his music and seek the necessary medical care he needs following his imprisonment, free of any continued imprisonment, harassment or persecution.
Background:
Salehi, who was Index’s 2023 Freedom of Expression arts award winner, was first taken into custody on 30 October 2022, after posting videos of himself protesting. After an extended period of pre-trial detention, including significant time spent in solitary confinement, Salehi was sentenced to six years and three months in prison for “corruption on earth,” as well as being banned from leaving Iran for two years. He was also banned from preparing, singing and producing music for two years.
In November 2023, Iran’s Supreme Court struck down Salehi’s six-year prison sentence and referred the case back to the court of first instance. It has since held that that sentence was excessive and unlawful. On 18 November, Salehi was released on bail only to be rearrested days later, after he uploaded a video to YouTube documenting his treatment while in detention. On 18 April 2024, Branch 1 of the Isfahan Revolutionary Court held a new trial for Salehi following the Supreme Court’s earlier decision. Nearly a week later, on 23 April, the court sentenced Salehi to death.
Responding to today’s Supreme Court ruling, Salehi’s cousin, Arezou Eghbali Babadi, and his friend and manager of his social media accounts, Negin Niknaam, made a joint statement, saying:
“The international community’s solidarity and support have played a crucial role in the release of Toomaj Salehi. We extend our heartfelt gratitude to all who contributed in any way to this outcome. However, we must not lose sight of the unlawful and oppressive rules that continue to exert severe psychological pressure on freedom seekers, their families, and society as a whole in Iran.
While we urge for Toomaj’s unconditional freedom and look forward to seeing him as soon as possible, we cannot forget the injustices we faced during this period. Our struggle continues as we seek justice for those prisoners who remain under the threat of the death sentence. It is imperative that we remain vigilant and persistent in our efforts to support all who bravely stand against oppression and demand a just and fair legal system in Iran.”
Jemimah Steinfeld, CEO of Index on Censorship, said:
“While of course we welcome the Supreme Court’s decision today it should not have been needed as Toomaj should never have been arrested in the first place. His courageous music, standing for women and fighting for the rights of everyone in Iran should be celebrated. Instead the Iranian authorities have done everything they can to target, isolate and persecute Toomaj. We hope that this decision today will allow Toomaj to seek the medical treatment he needs and continue his vital work. And we’d like to take this moment to highlight all the others who remain imprisoned in Iran simply for calling for freedom. We call on Iran to release them immediately.”
Claudia Bennett, a legal and programs officer, Human Rights Foundation, said:
“Toomaj’s case is emblematic of the brutality of dictatorships. They use arbitrary detention to silence dissidents and those advocating for democracy and human rights. Toomaj’s crime was singing a song and posting on social media. Something that we in democracies take for granted.”
Caoilfhionn Gallagher KC, international counsel for Salehi’s family, Index on Censorship, and the Human Rights Foundation, added:
“Toomaj Salehi uses his powerful art – his rapping, his music, his words – to support human rights, democracy and freedom for the Iranian people. For this, the Iranian authorities have targeted him for years, attempting to silence him through arrests, imprisonment, torture, assaults, and even a death sentence.
The Iranian Supreme Court’s decision is a welcome correction to the most recent injustice imposed on Salehi, and we welcome the fact that his life has been spared. But this is not enough. Salehi’s immediate and unconditional release must follow. We urge the international community to keep the pressure up at this critical time, to secure Salehi’s freedom and hold Iran to account for its egregious violations of international human rights law.”
Further details of the urgent appeal to the UN Special Rapporteurs are available here.
Any press queries for Index on Censorship should be directed to Jemimah Steinfeld on [email protected].
Any press queries for the Human Rights Foundation should be directed to [email protected].
Any press queries for the international legal team should be directed to [email protected] or [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.
