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Shirkoo Moarefi: Prisoner of the day

Death sentence upheld

ICHRI: In an interview with the International Campaign for Human Rights in Iran, lawyer to death row inmate Shirkoo Moarefi, currently held inside Saghez Central Prison on charges of "moharebeh (enmity with God)," confirmed that his client was on a hunger strike on 4 April to protest his ambiguous status in prison. Saeed Sheikhi told the Campaign that his client's execution may be carried out at any moment. "The confirmation of his sentence was against clear legal principles and it is final and since it was issued last year, none of my objections have been addressed," Sheikhi told the Campaign.

Shirkoo Moarefi, a Kurdish political prisoner, was arrested on 30 September 2008 on the Iran-Iraq border, while he was attempting to return to Iran from Iraqi Kurdistan. He was sentenced to death on charges of "moharebeh (enmity with God)" and "acting against national security), and the Supreme Court has confirmed his sentence. Moarefi has repeatedly embarked on hunger strikes to protest his conditions and his sentence.

Related article: Shirkoo Moarefi’s Lawyer Says His Execution Orders Have Been Issued

"My client had a court-appointed lawyer in his lower-court trial in Saghez where his death sentence was issued. After that I accepted to represent him at appeals level. Unfortunately, Branch Four of Saghez Appeals Court rejected our appeal and upheld the death sentence issued by the lower court. I than requested a re-trial and the case was sent to the Supreme Court where it was confirmed again. Using Article 18, we then asked the Head of the Judiciary and the General Prosecutor to review the sentence. Fortunately, Head of the Judiciary recognized the death sentence against the Sharia law and ordered a retrial," explained Saeed Sheikhi about his client's death sentence.

"According to legal principles, a retrial means that the case will have to be sent to a court that is lateral to the court that issued the initial ruling, but, unfortunately, they forwarded the case to a court that was lateral to the Appeals Court. The Supreme court then entered the judicial review against all legal principles and confirmed the ruling again. The Supreme Court should have never been involved in this case. The Supreme Court can only review cases in two instances, when a ruling is issued in an appeals court and the Supreme Court is asked for assistance, or when when a case is referred to them under extraordinary circumstances, none of which were valid in Shirkoo's case," Sheikhi told the Campaign.

"After the sentence was confirmed again, I objected again to the Prosecutor General, Head of the Judiciary, and the Prosecutor at the Saghez Revolutionary Court, but my objections remain unaddressed," said Shirkoo Moarefi's lawyer.

26-Apr-2012
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