Arrest
Pouria Javaheri was arrested after being summoned by telephone to the office of the Intelligence Organisation of the Islamic Revolutionary Guard Corps (IRGC) in Kamyaran, Kurdistan Province, on 29 November 2022, during the anti-government uprising of Women, Life, Freedom.
He was then transferred to the IRGC’s Shahramfar detention facility in Sanandaj, Kurdistan Province, where he was held for aproximately two and a half months before being sent to Kamyaran Prison.
During his detention, Javaheri was denied the right to meet with his family or have access to legal counsel.
In his only phone call to his family, he mentioned that he had been subjected to severe torture, including the breaking of one of his ribs.
Judicial Process
On 11 January 2023, Seyyed Hossein Hosseini, the head of Kurdistan Province’s judiciary, told state media that a warrant had been issued for Javaheri’s arrest on charges of “enmity against God” (moharebeh).
Hosseini added: “A case has been opened against this person at the First Branch of the Investigation Department of the Kamyaran Prosecutor’s Office. During his appearance at the investigation, he confessed to firing at the officers and stated that he had received the weapon from another person. This person was also arrested by court order.”
However, dozens of residents of Kamyaran signed and submitted a letter to the court stating that at the time of the officer’s death, Javaheri was working at an asphalt company in the village of Tilkuh in Kamyaran.
On 13 March 2023, under heavy security, Javaheri was transferred from prison to Towhid Street in Kamyaran and forced by security forces to take part in a staged reconstruction of the protest scene, where they claimed he had “taken part in the city protests and shot at military-security forces”.
According to eyewitnesses, IRGC and police forces had blocked all roads leading to Towhid Street that morning, and Javaheri was brought to the site in handcuffs and leg shackles.
Although he initially refused to take part in the staged reconstruction, he was forced to comply after being threatened with a firearm by security agents.
Meanwhile, a team of security interrogators filmed the re-enactment of what they described as the “murder of an IRGC officer” during the protests.
In August 2023, Javaheri’s lawyer, Mostafa Ahmadian, announced that an indictment had been issued against his client by the Kamyaran Public and Revolutionary Prosecutor’s Office, and that the case had been referred to the Branch One of the Islamic Revolutionary Court in Sanandaj.
Ahmadian added that the charges against Javaheri included “enmity against God” (moharebeh) for the murder of a military officer, “membership in opposition groups”, “propaganda against the state”, and “intentionally assaulting on several military personnel.”
Javaheri’s trial was held on 7 October 2023 in Branch One of the Islamic Revolutionary Court in Sanandaj.
On 16 March 2024, his lawyer announced that Javaheri had been acquitted of the charges of “enmity against God” (moharebeh), “propaganda against the state”, and “membership of opposition groups”.
He added: “Javaheri’s detention order in this case has been changed to a bail of five billion rials, which means that he has effectively been released in this case. However, he remains in custody in Sanandaj Central Prison on another case, which is still under investigation by Branch One of the Kurdistan Provincial Criminal Court. This case concerns the alleged premeditated murder of an IRGC officer and the intentional assault of several military personnel by shooting during the protests.”
Current Status
Javaheri remains imprisoned in Sanandaj Central Prison.
Additional Information
On 7 February 2023, Amnesty International issued an urgent action call, warning of the imminent execution of 14 individuals arrested during the nationwide protests. Javaheri was named among the protesters facing severe charges.
On 25 August 2023, Javaheri was transferred from Kamyaran Prison to Sanandaj Central Prison.
Notes:
1. Women, Life, Freedom Uprising: Jina Amini (Mahsa Amini), a 21-year-old Kurdish woman from Saqqez, Kurdistan Province, was arrested on a street in Tehran on 13 September 2022 by the morality police because of the way she was dressed. Shortly after her arrest, she was transferred to Kasra Hospital in Tehran with head injuries and symptoms of brain death, and passed away three days later on 16 September 2022. The government’s killing of Jina sparked unprecedented anti-government protests, which began with a large turnout at her funeral at Aichi Cemetery in Saqqez and quickly spread to many cities across Iran. These widespread protests against the Islamic Republic of Iran, which lasted for several months, resulted in at least 527 protesters being killed and thousands injured and arrested. The protests are known for their central slogan of “Women, Life, Freedom” (Kurdish: Jin, Jiyan, Azadi).
2. Article 279 of the Islamic Penal Code: “Moharebeh (enmity against God) is defined as drawing a weapon with the intention of killing, stealing from, or intimidating people in a way that causes insecurity in the environment.” According to Article 282 of the Islamic Penal Code, “if a person commits the crime of moharebeh, they will be sentenced to crucifixion, execution, amputation of the right hand and left foot, or exile, at the discretion of the judge.”
3. Article 498 of the Islamic Penal Code: “Anyone who, under any pretext or ideology, forms or runs a group, association, or an entity of more than two people, either inside or outside the country, under any name or title, with the aim of disrupting national security, and is not considered a ‘mohareb’ (enemy of God), shall be sentenced to imprisonment for a period of two to ten years.” According to Article 499 of the Islamic Penal Code: “Anyone who joins one of the groups, associations, or branches of the associations mentioned in Article 498 shall be sentenced to imprisonment for a period of three months to five years, unless it is proven that they were unaware of the group’s objectives.”
4. Article 500 of the Islamic Penal Code: “Anyone who engages in propaganda activities against the Islamic Republic of Iran or in favour of groups and organisations opposing the state, in any manner, shall be sentenced to imprisonment for a period of three months to one year.”
