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Swedish Court Upholds Conviction of Former Iranian Official for 1980s Executions

A Swedish court upholds the conviction of a former Iranian official to life imprisonment in connection with the executions of the 1980s

A Swedish appeals court on Tuesday upheld a life prison sentence for a former Iranian official who was convicted last year for his role in a mass execution of political prisoners in Iran in 1988 under a fatwa from Iran’s first leader, Khomeini.

The Court of Appeal announced in a statement that it “affirms the ruling issued by the Court of First Instance” that imposed a life sentence against Nouri “on charges of committing serious violations of international humanitarian law and murders.”

The statement quoted Court of Appeal Judge Robert Green as saying that the case was “generally solid and convincing, and the lower court was correct in concluding that the prosecution’s accusations were largely supported by evidence,” Agence France-Presse reported.

The decision may have repercussions on the fate of Swedish prisoners in Iran, especially European Union diplomat Johan Floderos, who has been detained for more than 600 days.

A drawing of Hamid Nouri, accused of involvement in the 1988 executions, during his trial in Stockholm on November 23, 2021 (Reuters)

In July 2022, the Stockholm District Court found Hamid Nouri guilty of murder and serious crimes against international law.

The case caused a deep rift between Sweden and Iran, which said the initial ruling was politically motivated.

1988 executions

Nouri is the only person so far to be tried for a purge operation that took place in Gohardasht Prison in Karaj, Iran, in 1988, targeting members of the Iranian Mujahideen Organization, who were fighting in parts of Iran, in addition to other political opponents. Nouri was serving as Deputy Assistant Public Prosecutor in the aforementioned prison, but he confirms that he was on leave when the incidents occurred.

The issue is highly sensitive, as human rights organizations accuse officials who currently hold high-ranking positions in Iran, including President Ebrahim Raisi, of participating in the “death committees” that issued death sentences.

Human rights groups estimate that at least five thousand prisoners were executed in the summer of 1988 according to a series of rulings issued by “death committees,” while the Mujahedeen-e-Khalq organization estimates the death toll at thirty thousand.

The issue returned to the forefront after the office of Hossein Ali Montazeri, Iran’s first deputy guide (Khomeini), in August 2016, published an audio recording from Montazeri in which he rebuked the members of the “Death Committee,” including Raisi.

Nouri, who denies these accusations, was arrested at Stockholm airport in 2019. Iranian opponents say that they lured him in order to arrest and try him in accordance with universal jurisdiction, which authorizes the Swedish judiciary to consider crimes against humanity regardless of where they occurred.

Under domestic law, Swedish courts may try Swedish citizens and other nationals of third countries for crimes committed abroad in contravention of international law.

At one point this month, Iranian President Ebrahim Raisi canceled his plans to participate in the “Global Refugee Forum,” which was organized in Geneva by the United Nations, after filing a complaint with the Swiss public prosecutor against Raisi in connection with the 1988 executions.

Prisoner exchange?

The trial before the initial court, which began in August 2021, led to tension in relations between Stockholm and Tehran and raised concerns about the fate of Western prisoners detained in Iran.

In April 2022, Iran arrested European diplomat Johan Flodderus while he was on a trip to Iran with friends, and his trial began on December 9 on charges of “spreading corruption on earth,” which is one of the most serious crimes in Iran and is punishable by death.

Swedish diplomat Johan Flodderus talks to his lawyer and a judicial official also appears during a trial session in Tehran December 10, 2023 (AP)

The fate of the Iranian-Swedish academic Ahmed Reza Jalali also remains unknown after he was arrested in 2016 during a visit to Iran and a media ruling was issued against him on charges of espionage.

Swedish media reports the possibility of an exchange of detainees between the two countries.

According to Mark Klamberg, professor of international law at Stockholm University, it is likely that the Court of Appeal’s decision against Nouri will not be final, as it will likely be considered by the Swedish Supreme Court.

He told Agence France-Presse, “The government could pardon Nouri… but I think this will not happen. It is politically impossible.” Rather, it is likely that the two countries will agree that Nouri will serve the rest of his sentence in Iran, which will practically lead to his release upon his return.

But such an agreement, in the expert’s opinion, may encourage Iran to proceed with “hostage diplomacy,” which many Western countries condemn. Klamberg added that “one of the points to which the Swedish government will attach importance will be the reaction of the victims” of Iranian executions to a possible exchange.

Swedish Foreign Minister Tobias Billstrom declined to comment on this issue. Supporters of the Mujahideen-e-Khalq intend to demonstrate on Tuesday in front of the Court of Appeal in Stockholm.

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2023-12-19 22:05:44

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