Hamid Noury was arrested on 9th November 2019 at Arlanda airport, Stockholm on charges of violating the international law and being involved in the massacre of hundreds of political prisoners in Gohardasht Prison in the Summer of 1988.
The Prosecutor had issued the warrant of arrest of Noury on 8th November 2019 for being accused of 3 counts of international crimes; namely;
genocide; crimes against humanity and war crimes. Following that Noury was arrested the day after on 9th November at 1 pm at Arlanda airport in Stockholm.
Since his arrest till this date, Noury’s detention period has been extended every four weeks. The prosecutor has requested these extensions to complete his investigations in this case. It is noteworthy that throughout his incarceration, Noury has been kept in solitary confinement without being in touch with the outside world. Noury’s application for bail has been denied on the grounds that he may jump the bail or destroy the evidence against him.
Few months after the arrest of Noury, the prosecutor following consultation with international law experts, decided to limit the charges to two counts of genocide and murder. The charges for crimes against humanity and war crimes were dropped. Crimes against humanity, although always recognised under customary international law, but was added to the international law following the adoption of the Rome Convention(for the establishment of the International Criminal Court) in 2002, and thus did not cover the massacre of political prisoners in the summer of 1988. Also “War Crimes “ could not be applicable as the prisoners were not war prisoners and had not participated in a war. The prisoners were in prison many years before the conflict between Mojahedeen and the Islamic Republic of Iran.
During the hearing for considering the application for the extension of the period of detention of Noury in November 2020, the presiding judge requested the prosecutor to expedite his investigations and set a trial date as soon as possible. On the basis of the prosecutor’s response, the hearing of Noury’s case will most probably commence in February 2021.
Recently the prosecutor has requested the Swedish Government to declare any reservation that the Government may have in relation to the trial of Noury. The Government has responded that they have no reservations and the trial may proceed with the Government’s consent. Coordination with the Government, in view of the separation of powers rules, is just a formality, allowing the Government to raise its concerns, if any, in view of its diplomatic relations with the Islamic Republic Of Iran.
Noury has consistently denied allegations against him and has objected to the extensions of his detention and limitations imposed upon him.
28th December 2020