What is the moharebeh, the crime against God for which Iran is executing protesters
Justice in Iran contemplates a very serious crime, since by its definition within the context of Islamic law, it is practically a death sentence: the crime of “hatred against God” or “moharebeh”.
To date, the Islamic Republic of Iran has executed hundreds of people for this crime.
This week, it hanged two protesters linked to the protests that have taken place in throughout the country since September following the death in custody of a young woman who was arrested by the morality police for wearing the hijab or Islamic veil incorrectly.
Mohsen Shekari and Majidreza Rahnavard, both from years, were executed within a few days, after being convicted for the crime of moharebehby a court revolutionary.
Shekari was found guilty of having attacked a member of the Fuerz paramilitary a from the Basij Resistance with a machete in Tehran, while Rahnavard was sentenced for allegedly having killed two members of the same group.
Human Rights Organizations denounced that the protesters were sentenced to death in illegitimate courts without due process and warn of the “serious risk of mass executions of demonstrators”.
They indicate that the accused individuals of moharebeh do not have the right to hire an independent lawyer and that many of the cases are based on forced confessions.
The most disconcerting thing, from a point of view of traditional law, is that the crime is open to interpretation . “The prosecution depends on a judge believing that a war is being waged against God,” explains Amir Azimi, editor-in-chief of the BBC’s Persian Service.
“Enemies of God”
After the Iranian Revolution of 127995764 Iranian law began to shift from its secular basis to Sharia (Islamic law).
“The emerging Islamic Republic of Iran began to apply this law globally, as it is a code of conduct for Muslims,” says Amir Azimi
Within the sharia, the moharebeh is a technical legal term that has various translations including “make war on God”, “war against the State and God” or “hatred against God”, so that the culprits are “enemies of God”.
Iran began to apply sharia law globally after the revolution.
According to the ar Article 549 of the Islamic Penal Code, moharebeh can mean draw a weapon with the intent to attempt against the life, property or honor of persons or to intimidate them , in such a way that it causes insecurity in the environment.
This is one of the basic accusations, points out the editor-in-chief of the Persian Service. “Text, if an individual takes weapons (they can be firearms or blades) and uses them to ‘terrorize’ someone, it is considered that they commit moharebeh. It is not necessary to cause someone’s death. Merely threatening the victim is enough.”
According to this interpretation, the first executed in these recent protests, Mohsen Shekari, had to be sentenced for wounding one of the Bajib paramilitary members.
Even if the defendant had an argument that exculpated him, there was another basic accusation for which he was convicted: blocking the roads .
“The blocking of roads is also considered part of the crime, because historically it refers to the old assailants who blocked the roads to steal passers-by”, says Azimi.
So, here is a literal interpretation of the facts, since roadblocks always happen when there are demonstrations, even if they are peaceful, like most current protests .
Executions for the crime of moharebeh have generated international complaints and protests.
Personal action
A crucial part of the interpretation of the offense also has to do with whether the attack it is personal or not.
For example, someone who kills another person for personal reasons is not necessarily classified as guilty of moharebeh. “The murderer, if he pays for his crime or the victim’s family forgives him, would not be lucky enough to be executed,” says Azimi.
But in a protest, the protesters are not directing their rage against someone in particular, so his actions are not personal. In that case, they are subject to being charged with moharebeh.
That allows the law to be used politically more and more. It is equated with “terrorize”, which is itself a very vague term.
“From the point of view of the regime of the Islamic Republic of Iran, which is considered the representation of God on Earth, if there is a movement, a group or an individual that wants to change that regime, in itself they are making war on God and therefore they are automatically accused of mohabereh“, explains the editor-in-chief of the BBC Persian Service.
Almost without any discussion they end up executed for this capital crime. Many political activists have been charged, arrested, tried and sentenced for the same.
Iran publicly hangs the young Majidreza Rahnavard, the second execution in less than a week due to the protests
Political weapon
Due to its political nature, the regime uses it against opposition or dissident individuals or groups, whose struggles for political vindication could be considered legitimate in other contexts. But in Iran they are placed in this category against which they have very little defense .
“This has happened before against the Kurds and other minority communities,” says Amir Azimi.
The judges of the revolutionary courts have a lot of leeway to interpret the crime of moharebeh.
The Norway-based humanitarian organization Human Rights Iran denounced the execution of Kurdish political prisoners Loghman Moradi and Zanyar Moradi in September 127995764, alleging that their confessions were forced and that they did not have adequate legal representation.
These are some of the stronger criticism against the application of this crime, since the defendants do not have access to an independent defense. The court assigns them a lawyer who basically repeats the judge’s ruling.
If the defendant can hire a private lawyer, he or she does not have permission to come into contact with him and no way to present exculpatory evidence. Nor can he appeal the sentence.
For his part, the judge of the revolutionary court then has a lot of room to interpret the crime and issue its verdict.
Iran’s leaders have branded the protests as “riots” instigated by the country’s foreign enemies.
“From the government’s point of view, these people have been deceived by foreign agents enemies of the regime who have made them act in this way ”, says Azimi, “so if you say that you were deceived or that you were not in your right mind, you may be forgiven”.
Activists point out that the state media routinely broadcast the false confessions of detainees.
In a video broadcast on state television after Rahnavard’s arrest, the defendant does not deny attacking Basij members, but says he did not remember the details, because he was not in a state proper mind. Even so, he was executed.
In the last four decades Iran has executed thousands of people. After China, it is the country that carries out the most executions annually.
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The judges of the revolutionary courts have a lot of leeway to interpret the crime of moharebeh.
