Confess to Being a Spy — or Else

How does Iranian law define spying, and what is the punishment? What specific evidence do authorities need to charge suspects? How does punishment differ for civilians and members of the armed forces accused of espionage?

Lawyer Musa Barzin Khalifehloo chronicles the case of one of his clients, looking specifically at these questions.

 

The Intelligence Bureau arrests my client.

I met Mohammad Reza for the first time at Tabriz Central Prison, when I had gone there to obtain power of attorney on his behalf. He had been transferred there from Tabriz Intelligence Bureau a few days before. He said that he was a native of Tabriz, the capital of Iran’s East Azerbaijan Province, but had been living in the Republic of Azerbaijan for many years. He had married in that country and worked there.

In one of his return trips to Tabriz to visit his family, he was arrested at the border and all his belongings were seized. He was taken to the detention center at Tabriz Intelligence Bureau and interrogated. After a few days, the examining magistrate, Hashemzadeh, visited him at the detention center and issued two charges against him, one for spying and one for propaganda against the regime. Hashemzadeh also signed his detention warrant and ordered his continued confinement at the Intelligence Bureau jail.

 

My client is tortured and forced to confess.

The Intelligence Bureau agents interrogated Mohammad Reza and subjected him to mental and physical torture in order to force him to confess to spying. According to my client, he was constantly beaten, insulted and humiliated. As a result of the beatings, three of his ribs and one of his fingers were broken and he lost feeling in one of his toes. He was deprived of sleep for three consecutive days and nights.

As ordered by Hashemzadeh, Mohammad Reza spent five months in solitary confinement. For a short while during those five months he shared a cell with two German reporters who had been arrested in connection with the case of Sakineh Mohammadi Ashtiani, the woman who was sentenced to death by stoning. The reporters witnessed the marks of torture on his body.

Mohammad Reza claimed that the interrogators forced him to make a false confession. They wanted him to confess that, in exchange for money, he had provided the Republic of Azerbaijan’s intelligence services with documents about Iran. Against his will and in order to end the torture, he confessed that he had given certain information published by Iranian newspapers to Azerbaijan’s security services.

Later, in a session with the examining magistrate, Mohammad Reza recanted his confessions and told him that he had been forced to do so as a result of torture. He detailed the torture and his statements were recorded in his file. But the inspector took no account of his statements and formally indicted him. He sent his case to Branch 1 of Tabriz Revolutionary Court.

 

The definition of spying, according to Iranian law.

After being appointed power of attorney for Mohammad Reza, I visited Branch 1 and requested the case file. It was thick and it took me two days to study it thoroughly and take notes. The presiding judge, Judge Hamlbar, rejected my request to change the detention order and the trial was set for two weeks later. I reviewed the notes a few times and prepared the defense brief.

Article 501 of the Islamic Penal Code addresses the crime of espionage. There are of course other provisions about spying in the laws that govern the armed forces, but if the accused individual is not a member of the armed forces, Article 501 applies. This article stipulates that “any person who knowingly and intentionally provides unqualified individuals with plans, secrets, documents or decisions about the country’s domestic or foreign policies, or informs them of their content in a way that amounts to espionage will be sentenced to from one to ten years in prison, depending on the circumstances and the particulars.”

When it comes to charges of spying, the most significant factor is the type of information or evidence involved. Article 501 does not specify what type of transmitted information constitutes spying, but other laws pertaining to espionage, including the military penal code and a logical interpretation of the law, makes the classification of the information involved essential. This means that if an individual gets hold of a piece of information that is not classified and provides unqualified persons with that information, he cannot be considered an spy, since that information is not confidential — it is in the public domain and anyone can have access to it. Therefore, a person who provides others with information published in newspapers or gleaned from unclassified documents has not in any way committed espionage.

 

Defence brief: Torture is explicitly forbidden.

In my defence brief, I thoroughly explained the above points. Furthermore, I referred to the torture of my client and pointed out that, according to the Iranian law, torture is forbidden and a confession gained through torture is invalid. In support of my argument, I cited Article 38 of the Islamic Republic constitution, which states: “torture, of any kind, in order to obtain confession or information, is forbidden. It is not permissible to force someone to testify, confess, or swear an oath. Such a testimony, confession, or oath is invalid.” I also cited paragraph nine of the 2004 Law to Respect Legitimate Liberties and Protect Citizenship Rights, which declares that: “torture of the accused in order to extract confession...is forbidden, and confessions gained in this manner shall not have legal and judicial authority.”

Regarding the charge of propaganda against the regime, I noted that there was not the slightest evidence that my client had engaged in such an activity. I stated that the examining magistrate had indicted him on this count without any evidence.

 

The judge disregards torture and evidence.

The day of the trial arrived and Mohammad Reza was brought from prison to the court. Judge Hamlbar read the charges against him and asked him to enter his plea. Mohammad Reza rejected the charges and described the torture to which he had been subjected. The judge remained silent. I pointed out the contradictions and falsehoods in the report submitted by the Intelligence Bureau and explained my defense brief by stating that my client had been unjustly indicted for spying by the examining magistrate and the Intelligence Bureau. I asked for the charges to be dismissed.

The trial ended. I was hoping that my client would be acquitted. But a few weeks later, when I received the verdict, I became extremely sad. Judge Hamlbar had disregarded our defense and had sentenced Mohammad Reza to two years in prison for spying. He was acquitted of the charge of propaganda against the regime.

The verdict was clearly unjust and defective in many ways. The evidence in the case clearly showed that Mohammad Reza had not done anything against the law. We could do nothing but appeal the verdict. Unfortunately, the appellate court upheld the lower court’s verdict.