Abdorrahman Boroumand Center

16-year-old Ma’edeh Sha’baninejad is languishing in an adult women’s prison for publishing her poetry online. Her father says she has been taken hostage as leverage against him and other Arab activists. Why is Iran’s judiciary keeping her behind bars?

Against the backdrop of ongoing protests in Iran’s southwest over discriminatory government policy against the region’s Arab population, Ma’edeh Sha’baninejad, a social media activist an academically promising freshman at Somayeh High School in Abadan, is presently being detained arbitrarily as authorities investigate charges of “propaganda against the regime” she faces for publishing her poetry - which focuses on themes of civil rights, minority rights, and environmental issues - online. Her current detention began on January 25, when Revolutionary Guards agents raided her paternal uncle’s house and took other family members into custody. Ma’edeh had previously been arrested on October 17, 2017 - one day after an incomplete and error-marked summons order was issued - and, free on bail, fled to her uncle’s house to avoid a second arrest. Her father reports she has been subjected to mistreatment and torture in custody, and suffers from regular bleeding in poor hygiene conditions at Sepidar Prison where she is being held.

Ma’edeh’s father, Shahid Sha’baninejad, is himself a civil activists residing abroad. He reports that Revolutionary Guards have used both Ma’edeh’s and other phone numbers to send him threatening messages instructing him to turn over information regarding other fugitive Arab civil activists in order to secure her release. Judiciary officials have responded to family members’ attempts to follow up on the case by saying that it is under the control of security forces. Shahid believes his daughter has been taken hostage by Revolutionary Guards in order to exert pressure on him and others in their crosshairs. Whatever agenda is at work behind the scenes, is there any just reason to jail a teenager for publishing poetry?

Ma’edeh’s experience is not her family’s first brush with Iran’s judiciary, which in recent years has intensely prosecuted peaceful cultural activism in Ahwaz. An uncle of Ma’edeh’s, Hashem Sha’baninejad, was himself an Arabic-language poet formerly active with the the Al-Hiwar Organization in Abadan. Al-Hiwar Scientific and Cultural Organization (“Hiwar” meaning “Dialogue” in Arabic, which was inspired by former President Khatami’s slogan “Dialogue among Civilizations,”) had obtained temporary authorization to operate from the offices of the National Organization for Youth in 2001-2002. Al-Hiwar held cultural programs in Arabic, as well as cultural and educational classes for the young people of the town of Ramshir. It was also active in promoting Arabic language and culture, as well as women’s rights. The activities of the young members of the organization were very well-received by the people of Ramshir. As a result, in the second City Council elections in 2002-2003, all five candidates supported by Al-Hiwar were elected (ABC interview).

Subsequent to street demonstrations by Iranian Arabs residing in Khuzestan Province in 2005-2006, the Al-Hiwar Organization was declared illegal. Mr. Hashem Sha’baninejad and other members, however, continued their activities by establishing a library and holding study groups and meetings at their homes. Continuing these cultural activities led to the members being summoned and interrogated by the town’s security apparatus. Between 2006 and 2009, Mr. Sha’bannejad and the other members of Al-Hiwar were summoned and interrogated numerous times by the Ministry of Information. Security agents accused them of promoting ethnic thinking and demanded an end to their meetings and study sessions.

In early 2011, members of Al-Hiwar were subject to mass arrests in Ramshir and Ahwaz and charged with offenses including “war against God,” “corruption on earth,” propaganda against the government, and actions against national security. Mr. Hashem Sha’baninejad (Amuri) and another of Al-Hiwar’s founders, Hadi Rashedi, were executed in January 2014, and other defendants were given lengthy prison sentences.

Ma’edeh’s father, Shahid Sha’baninejad , fled Iran for Iraq in 2007/2008 after being charged with propaganda and actions against the government and contact with foreign countries. He registered himself with the UN Refugee Office in Amareh, Iraq. Iraqi authorities arrested him on the charge of illegal entry into the country and sentenced him to five years in prison. Despite the fact that his refugee claim had been approved two years prior, the Iraqi government returned him to Iran in late December 2010 / early January 2011. He was immediately arrested in Iran and transferred to Shiban Prison in Ahwaz. After a few years, he was freed on bail. He then fled the country in February 2017.

Judiciary and law enforcement officials have violated Iranian law in Ma’edeh’s case. Preliminary investigations in her case were made at the Revolutionary Guards Intelligence Office rather than by a Special Prosecutor for Adolescents as required by Article 285 of Iran’s Code of Criminal Procedure. Ma’edeh is being held at Sepidar Prison for adult women in Ahwaz despite the fact that Article 287 of the same Code requires minor defendants in such situations to be held in juvenile rehabilitation facilities.

Ma’edeh’s treatment is marked by serious violations of international law, as well. She has been denied a lawyer at all stages of the legal process contrary to Article 14 of the International Covenant on Civil and Political Rights, which provides such guarantees as “[having] adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing” and “[being] tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him.” The fact of her being charged for writing poetry online is itself a violation of ICCPR Article 19, which declares that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

The Iranian judiciary must immediately and unconditionally free Ma’edeh and close the case against her.