Head of judiciary
Gholamhossein Mohseni Ejei
c/o Embassy of the Islamic Republic of Iran
Chancery
25 Culgoa Circuit
O'Malley, ACT 2606
Dear Mr Gholamhossein Mohseni Ejei,
Mohammad Ghobadlou, a 22-year-old with a long-term intellectual disability, is at grave risk of execution in Raja’i Shahr prison in Karaj, Alborz province.
On 23 May, Mohammad Ghobadlou’s lawyer publicly revealed that Branch One of the Supreme Court had rejected a request for judicial review of one of his death sentences, which was issued by Criminal Court One in Tehran province on 24 December 2022 and upheld by the Supreme Court in late April. The lawyer noted that the Supreme Court failed to consider objections raised, including that related to Mohammad Ghobadlou’s mental health.
His second death sentence, imposed by a Revolutionary Court for “corruption on earth” on 16 November 2022, was upheld by the Supreme Court on 24 December 2022; a request for judicial review remains pending.
Mohammad Ghobadlou’s right to a fair trial was flagrantly violated. According to information obtained by Amnesty International, authorities denied him access to a lawyer during the investigation phase, subjected him to repeatedly beatings and withheld his bipolar medication to force his “confession”. A forensic report dated 20 October 2022 confirms that in custody, he sustained bruising and injuries on his body.
Mohammad was denied an independently chosen lawyer at the Revolutionary Court trial, which consisted of two brief sessions on 29 October and 15 November 2022. The authorities held Mohammad Ghobadlou in solitary confinement between the sessions, denied him access to his family and lawyers, and continued to withhold his medication, which exacerbated his vulnerability.
The Criminal Court One trial also consisted of two brief sessions on 4 and 10 December 2022, where Mohammad Ghobadlou was denied the right to an adequate defence as his independently chosen lawyer was denied access to material evidence.
Another serious violation was the failure to order independent rigorous mental health assessments which his family and lawyer say would have provided evidence that his disability substantially impaired his responsibility. International law and standards prohibit the use of the death penalty against people with mental disabilities.
I call on you to immediately quash the convictions and death sentences of Mohammad Ghobadlou and grant him a fair retrial without recourse to the death penalty, consistent with international law and standards prohibiting the use of the death penalty on people with mental disabilities, excluding coerced “confessions”, and providing him with all special needs relating to his disability. I urge you to ensure that he has prompt and appropriate mental health treatment and regular access to his family and lawyer. An independent and impartial investigation into his allegations of torture and other ill-treatment must be conducted and all those suspected of criminal responsibility must be held accountable. In addition, please immediately establish an official moratorium on executions with a view to abolishing the death penalty.
Yours sincerely,
[Your name]