The Iran-Iraq conflict occurred from 1980 to 1988 as a military dispute. During the Iran-Iraq conflict, the People’s Mujahedin of Iran was a political organization that supported and worked towards the downfall of the Islamic Republic of Iran’s government in favor of the establishment of their own. At the time, Ayatollah Khomeini, the Iranian supreme leader, had all prisoners who supported the organization and their beliefs executed, according to the Swedish prosecutors. The exact number of people executed between August and July of 1988 is unknown but Amnesty International predicts that the number was in the thousands and alternative sources go up to thirty thousand deaths.
No one had been prosecuted over these executions and the torture of the political prisoners, prior to Hamid Nouri. The former Iranian prosecutor, Hamid Nouri, is suspected of contributing to the mass executions and has been held in Swedish custody since his arrival to the country in 2019. Police had been informed that Nouri was on board a flight from Iran and awaited his arrival in Sweden, unknown to Nouri. It is believed that Nouri worked as “an assistant to the deputy prosecutor in the Gohardasht prison”, a prison near Tehran. Nouri and his attorney deny his involvement in the war crimes. As of July, Swedish public prosecutors have charged Nouri. Prosecutors argue that Nouri engaged in the mass executions as well as the torture of these political prisoners. Swedish prosecutors invoke universal jurisdiction to claim criminal jurisdiction over Nouri as war crimes fall under both Swedish and international obligations.
Why is universal jurisdiction important? Universal jurisdiction is a tool used by human rights lawyers, and others, that allows for the prosecution of offenses regardless of where they occurred, by a national court. Examples of the use of universal jurisdiction include using it to prosecute people for their involvement in the Holocaust.
On August 10th of this year, Nouri’s trial began where Iraj Mesdaghi testified. Mesdaghi survived the 1988 executions and has been working to bring justice ever since. Additionally, he was responsible for the original arrest of Nouri in 2019. Other witnesses also testified in court.
A depiction of the trial held in August in Stockholm.
Nouri and his lawyers claim that Nouri “has been confused with someone else” and that the testimonies are unreliable as so long has passed since the events.
The trial will end in 2022. At this time, the judges will come to a conclusion.
Why is the prosecution of Nouri significant? Many believe that the atrocities that took place during this time have not yet been fully addressed. Prosecuting Nouri is seen as a step towards justice for those affected by these events. Shahin Gobadi, a spokesperson for the National Council of Resistance of Iran referred to the trial as “a landmark case.” He stated, “We think the world will eventually understand the extent of the atrocity in Iran and I think this is the beginning of a process that will continue until the Iranian regime leaders, including (Ayatollah) Khomeini and (Ebrahim) Raisi will be brought to justice,”. There are many human rights activists and organizations who have worked tirelessly for justice over these executions and who are finally able to see results due to the use of universal jurisdiction.
Above is a photo taken from a protest in 2019 that was held to commemorate the victims of the 1988 execution.
“This is such an incredibly important event for us: all the mothers, fathers, families and other relatives of people who have fallen victim to the Iranian regime,” Iraj Mesdaghi, a key witness in the trial, told the Swedish news agency TT. ” These crimes have never been tried before, I'm very grateful that it is finally happening.”
https://www.bbc.com/news/world-europe-58421630
https://www.bbc.com/news/world-europe-58165166
https://apnews.com/article/europe-middle-east-iran-crime-trials-17b3746b50bf382cda39dee37e43edde
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