Branch 39 of Iran’s Supreme Court has upheld the death sentence issued against Kurdish political prisoner Pakhshan Azizi.
Azizi’s lawyer, Amir Raeisian, informed Sharq Daily of the decision today and criticised the court for ignoring critical evidence.
“After Branch 26 of the [Islamic] Revolutionary Court of Tehran issued a death sentence against Ms Pakhshan Azizi, we filed an appeal. However, Branch 39 of the Supreme Court reviewed the appeal and unfortunately rejected it without addressing the numerous flaws in the case, thereby confirming the death sentence,” Raeisian told Sharq Daily.
He added: “The flaws in the investigation were ignored, and the evidence and documents showing that Ms Azizi’s case did not warrant a death sentence, and that her activities in northern Syria in refugee camps in Shengal and other camps for those displaced by ISIS attacks were entirely peaceful and humanitarian, lacking any political dimension and focused on relief efforts, were disregarded.”
Earlier, on X (formerly Twitter), Mr Raeisian shared several letters from local and international civil rights organisations working on refugee issues in Syrian Kurdistan, highlighting his client’s role as a relief worker and social service provider, stating: “The evidence against Ms Pakhshan Azizi in this case was insufficient and unreliable. A careful review of these documents would have been sufficient to dismiss the charge of baghi (armed insurrection). Unfortunately, no such diligence has been shown so far. Moreover, while innocence does not have to be proven, we have presented credible documents to the Supreme Court.
Azizi was sentenced to death and four years of imprisonment on 23 July 2024 by Branch 26 of the Islamic Revolutionary Court of Tehran, presided over by Judge Iman Afshari, on charges of “armed insurrection” (baghi) and “membership of opposition groups”.
The court’s verdict found her guilty of “armed insurrection” (baghi) for her alleged “effective activities and efforts using weapons to further the goals of groups engaged in armed insurrection against the Islamic government” and sentenced her to death. She was also sentenced to four years’ imprisonment for “membership of an opposition group” for her alleged membership of the Kurdistan Free Life Party (PJAK).
Additionally, three members of Azizi’s family were sentenced to one year of imprisonment each for “assisting the perpetrator evade trial and punishment”.
The death sentence against the Kurdish activist came despite the fact that Judge Afshari had initially based his decision on Article 288 of the Islamic Penal Code during the first session of the court.
Article 288 of the new Islamic Penal Code states: “If members of a rebellious group are arrested before engaging in conflict or using weapons, they shall be sentenced to a third-degree imprisonment if the organisation and its leadership remain intact, or to a fifth-degree imprisonment if the organisation and leadership have disbanded.”
However, during the second court session on 16 June 2024, Judge Afshari announced a legal change, moving from Article 288 to Article 287, which subsequently led to the death sentence.
According to Article 287 of the Islamic Penal Code: “Any group that takes up arms against the establishment of the Islamic Republic of Iran shall be considered rebellious and its members shall be sentenced to death if they use weapons.”
Throughout her interrogations in Ward 209 of Evin Prison and at all court hearings, Azizi has consistently denied any involvement in armed operations or membership of PJAK.