Mother of Kasra Nouri, prisoner of conscience that after passing more than four years in prison still his demand for the application of Article 134 of the new Penal Code has not been granted said to the International Campaign for Human Rights in Iran; “we applied this new article for Kasra at the early of this year, but we don’t know why the prosecutor of Shiraz says this rule and article doesn’t encompass my son. If this article had been implemented, Kasra should have been freed earlier”. She kept on.
Article 134- In the cases of offenses punishable by ta’zir, where the offenses committed are not more than three, the court shall impose the maximum punishment provided for each offense; and if the offenses committed are more than three, [the court] shall impose more than the maximum punishment provided for each crime provided that it does not exceed more than the maximum plus one half of each punishment. In any of the abovementioned cases, only the most severe punishment shall be executed and if the most severe punishment is reduced or replaced or becomes non-executable for any legal reason, the next most severe punishment shall be executed. In any case where there is no maximum and minimum provided for the punishment, if the offenses committed are not more than three, up to one-fourth, and if the offenses committed are more than three, up to half of the punishment prescribed by law shall be added to the original punishment.
Shokoufeh Yadoullahi, mother of Kasra Nouri, stated: “the prosecutor of Shiraz didn’t respond about why this new law doesn’t encompass my son, now we have to wait approximately eight months until the end of his sentence”. The mentioned prisoner is now imprisoned in Nezam prison of Shiraz.
Kasra Nouri, 24 years,one of the Gonabadi dervishes and rights activists and also one of the colleagues of Majzooban Noor Website, on 14 March 2012 had been arrested, then on 23 April 2012 was sentenced to four years and four months in prisonby the Revolutionary Courtof Shiraz due to the charges of propaganda against the regime, acting against national security, insulting the leadership, membership on Majzooban Noor as well as interview with “Radio Farda”. He has passed more than half of his sentence, but the new Islamic Penal Code Article 134 which encompasses every prisoner as a mandatory one, still has not been implemented upon him.
Sedigheh Khalili, one of the dervishes and intimate relatives of Kasra Nouri in an interview with “Campaign”on October 2013 stated that the adopteddecision by the Revolutionary Court of Shiraz to four years and four months for Kasra Nouri was to avoid “irreparable consequences in the bed of society particularly the youth”.
“Kasra and his lawyer don’t accept this sentence. He is guiltless. The officials seek to scare the youth and prevent them from joining Dervish Order, that’s why they sentenced him to four years and half”. Mrs. Khalili said.
Ten of Gonabadi dervishes were arrested in connection with Majzooban Noor Website in 2011. And since 2013 eight of them named Hamid-Reza Moradi, Mostafa Daneshjou, Farshid Yadollahi, Afshin Karampour, Amir Eslami, Omid Behrouzi, Reza Entesari and Salehedin Moradi after serving their sentences have been released. Hamid-Reza Moradi is the last one who was released after serving four years and half.
Yet, two of dervishes named Kasra Nouri and Mostafa Abdi are still in prison. Mostafa Abdi is another dervish who was sentenced to three years in spring 2013 by Branch 15 of the Revolutionary Court, presided by Judge Salvation charges of gathering and colluding to disturb national security.
Seven of these dervishes were lawyers who were arrested on September 2011 and several months in solitary confinement were being interrogated. These all were eventually put on trial on charges, including spreading lies on Majzooban Noor website, disturbing public opinions, propaganda against the regime and acting against national security through activities on Majzooban Noor. They were all together sentenced to sixty years in prison by lower court.
These lawyers stressed that the appeals court lacks jurisdiction to hear their cases, so; they ignored to appeal, however; their sentence failed in the court appeal. Hamid-Reza Moradi that the lower court had sentenced him to 10 years in prison, however; the Appeals Court reduced his sentence to four years and half in prison.
He spent much of his detention due to cardiovascular disease in Shohada e Tajrish hospital and also his release sentence was announced to him in the aforementioned hospital, eventually; was freedon 16 August 2015.
Mostafa Daneshjou, lawyer of dervishes, who had been sentenced to seven years and half by the lower court, on 18 May 2015, was released with the termination of the sentence. Mr.Daneshjou also spent some of his imprisonment in the hospital due to severe lung disease and asthma.
Farshid Yadollahi, Amir Eslami, Afshin Karampour, and Omid Behrouzi who had been sentenced by the lower court to seven years and half, subsequently; by the Appeals Court their sentences reduced to three years and a half. All three of these dervishes, after the end of their sentences were released on 3 March 2015. Saleheddin Moradi who had been arrested on March, 2015, then on 2 June 2015 after passing three months in prisons of Adelabad and Nezam in Shiraz was released. Reza Entesari also was released on 14 August 2015.
Source: International Campaign for Human Rights in Iran
Translated by Majzooban Noor