Execution, for throwing stones

GVF -- Mohammad Amin Valian, under the charge of Moharebeh, or “enmity against God,” which is punishable by death. The International Campaign for Human Rights in Iran has called the charges “grossly disproportionate.”

According to The International Campaign for Human Rights in Iran, at least nine other protestors have been sentenced to death in similar unfair trials and are at risk of imminent execution. Five other protestors, including Valian, were prosecuted last week and face the death penalty if convicted. The main pieces of evidence used to convict the twenty-year old student are photographs showing him throwing rocks during Ashura protests.

The prosecution of Valian, a student from Damaghan Science University, followed his denunciation in a student newspaper run by pro-government Basiji militias and subsequent arrest. Valian was also convicted of “corruption on earth,” “congregation and mutiny to commit crimes against national security,” “propagation activities against the Islamic regime,” and “insulting top regime officials.”

“The Judiciary, by this grossly disproportionate charge, devalues the life of a promising young student,” stated Aaron Rhodes, a spokesperson for the Campaign.

During his trial, Valian confessed openly to throwing stones on three occasions during the protests, noting that they hit nothing, and asked the court to consider the reasons why he had thus expressed his feelings and frustrations. He also freely admitted to chanting “Death to the Dictator.”

A prominent human rights lawyer in Tehran, Abdolfattah Soltani, told the Campaign that according to Sharia law, the essential condition for applying the charge of Moharebeh to someone is the certainty that the defendant has engaged in armed activity.

Asked about the act of throwing stones in the street and if such activity can legitimately result in a charge of Moharebeh, Soltani said: “Absolutely not. If a person is arrested because of association with an armed group then Moharebeh may apply. But if an ordinary person, for whatever reason, such as anger or losing his temper, throws a stone, aimed at the destruction of some property or hurting someone, then there are other legal charges applicable and such actions do not rise to the charge of Moharebeh.”

Peers of Valian told the Campaign that he was one of the most active members of the Central Council of the Islamic Student Association. He had organised a number of political debates, which were also cited as evidence of the crimes for which he was convicted. Valian has been an active supporter of presidential candidate Mir Hossein Mousavi.

The Campaign called on the Head of the Iranian Judiciary to intervene in the case, and urged that Valian be released immediately pending an examination of his case by an independent committee of legal experts, which should look into all cases of those charged on the basis of their political protests.