Hatam Özdemir has been sentenced to death after Iran’s Revolutionary Court held a retrial in his case. Özdemir, who is charged with membership of the Kurdistan Workers’ Party (PKK) was not informed of the retrial, and neither were his lawyers.
According to the HRANA news agency, an Iranian human rights news network, the third branch of the Revolutionary Court of Urmia, presided over by Judge Najafzadeh, has issued a new death sentence for Hatam Özdemir on charges of armed rebellion against the government. The verdict was delivered to Özdemir in Urmia prison on 19 May. The hearing was held via video conference by the judicial authorities on 23 April.
In late 2022, the first branch of the Revolutionary Court of Khoy sentenced Özdemir to death for ‘Baghy’, or armed rebellion against the government of the Islamic Republic, and for his membership in the PKK. The verdict had been communicated to him on 15 March of the same year. However, the verdict was later overturned in court by his lawyers.
Lawyer Mohammad Saleh Nikbakht, acting for Özdemir, said in an interview with Iran Human Rights (IHR), “As the original lawyer in the case, along with a colleague from Urmia who later joined me, I vehemently protested against the ruling. In a reasoned and well-documented decision, Branch 9 of the Supreme Court overturned the decision of the Revolutionary Court. The Supreme Court referred the case to a court of similar authority, indicating a breach in the initial judgment. Essentially, Branch 9 did not accept that Hatam Özdemir was guilty of ‘Baghy’ (armed rebellion)… The court’s branch ordered a new reconstruction of the scene and reinterviewing of witnesses.”
Nikbakht pointed out that under the ‘Islamic Penal Code’ a person must have used a weapon to be found guilty of armed rebellion. However, there is no evidence that Hatam ever used his weapon against the Iranian armed forces. Additionally, the assistant prosecutor of the Supreme Court, representing Iran’s Attorney General, stated that Hatam Özdemir is not facing armed rebellon charges. In another part of his interview with IHR, Nikbakht explained that Özdemir and his companions, as members of the PKK, were trying to reach the Qandil mountains through Iran’s territory to receive military training to fight against ISIS. Hatam and his comrades had no intention of engaging with Iran’s military forces.
The lawyer added that from the moment of his arrest, Özdemir had maintained that his organisation’s orders prohibited him from attacking Iranian forces. Furthermore, the assistant prosecutor of the Supreme Court of Iran confirmed that Hatam did not use his weapon against Iranian Revolutionary Guard Forces. However, the prosecutor’s office issued a confusing verdict, accusing him of both ‘Baghi’ (Rebellion) and ‘mohareb’ (Armed resistance against God) charges, simultaneously. Nikbakht, in his interview with IHR, said that the judicial verdict was confusing and contradictory. He insists that the case requires an impartial review, as he does not believe the judge overseeing the case was impartial.
Regarding the Turkish government, Nikbakht confirmed that the Turkish state had not intervened in Özdemir’s case. “The Turkish state or their consulate in Iran has not taken any action in this case. Based on past cases, PKK members who avoid execution in Iran or return to Turkey after serving sentences often face re-arrest and severe penalties upon their return to Turkey,” he said
Özdemir was allegedly subjected to 50 days of torture by the Iranian intelligence services after his arrest in Maku in early summer 2019, before being transferred to prison. He was later moved to the political wing of Urmia prison.
