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SWEDEN AND IRAN

Swedish court to give verdict in Iranian war crimes trial in July

A landmark trial against a former Iranian prison official accused of war crimes during a 1988 purge of dissidents wrapped up in Sweden on Wednesday, with a verdict due in July.

Swedish court to give verdict in Iranian war crimes trial in July
Nina Toobaei, who's brother Siamak (portrait around neck) was executed in Iran, has on three occasions travelled from Toronto to see the trial. Photo: Sophie Tanha/TT

The proceedings marked the first time an Iranian official has gone on trial for the purge.

Hamid Noury, 61, faces charges including crimes against humanity and war crimes for his role in the killing of as many as 5,000 prisoners across Iran, allegedly ordered by supreme leader Ayatollah Khomeini.

The killings were revenge for attacks carried out by the People’s Mujahedin of Iran (MEK), an exiled opposition group, at the end of the Iran-Iraq war of 1980-88.

Last week, prosecutors called for a life sentence for Noury, who has been on trial in Stockholm district court since August 2021.

“It’s ironic, because I was witness to many of my friends being sentenced to death in one-minute trials in Iran. How different it is here”, Ramadan Fathi, a former prisoner who testified against Noury, told AFP.

On Wednesday, the final day of the trial, the judge set the date for the verdict on July 14.

“I hope these hands will be cleared … with the help of God,” Noury told the court, his palms raised to the sky and holding a Koran. “Friends, I love you, I’m not angry at you”, he told those present in the courtroom, his remarks in Farsi translated into Swedish by a court-appointed interpreter.

The defence had contested Sweden’s principle of universal jurisdiction — which allows it to try the case regardless of where the offences took place — and called into question the plaintiffs’ testimony.

“There is a lot of uncertainty about the way in which the name Hamid Noury arose in the testimonies”, Daniel Marcus, one of Noury’s two lawyers, told the court, calling the evidence “insufficient”.

‘Small, small holes’

According to the prosecution and survivors who testified against him, Noury was assistant to the deputy prosecutor of Gohardasht prison near Tehran at the time of the events.

He allegedly handed down death sentences, brought prisoners to the execution chamber and helped prosecutors gather prisoners’ names. Noury has argued that he was on leave during the period in question, and said he worked in another prison, not the Gohardasht one.

Noury was arrested at a Stockholm airport in November 2019 after Iranian dissidents in Sweden filed police complaints against him.

Throughout the nine-month trial, which briefly relocated to Albania to hear some testimony at the end of 2021, MEK supporters protested loudly outside the Stockholm courthouse.

A lawyer for the plaintiffs, Kenneth Lewis, said the evidence in the case was “overwhelming”. The defence “tried to find small, small holes, but in my opinion, they weren’t very comfortable” in their argument.

A lawyer representing the MEK expressed however concern that Noury — who is currently held in custody pending the verdict — would flee Sweden if acquitted, before an appeal could be lodged.

Ramadan Fathi, the former prisoner, said meanwhile he was “very happy to see with my own eyes” someone from the regime facing justice.

“Now that we’ve reached the end of this trial, I hope a day comes very soon when the entire leaders of this regime, perpetrators of this massacre, are brought to justice here or elsewhere.”

The trial has rendered Stockholm’s already chilly relations with Tehran even frostier.

Iran summoned the Swedish ambassador last week, the same day the prosecutor in Stockholm called for a life sentence against Noury. The Swedish foreign ministry has meanwhile advised its nationals against non-essential travel to Iran.

According to the Iranian news agency Isna, Iran plans to execute Swedish-Iranian academic Ahmadreza Djalali, who was sentenced to death in 2017 for spying for Israel, before May 21.

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POLICE

READER QUESTION: What powers do police have on the street in Denmark?

Police in Denmark can only stop and search members of the public without cause under special circumstances. What are the rules that apply?

READER QUESTION: What powers do police have on the street in Denmark?

Copenhagen Police said last week that they had confiscated more than 20 knives in just under a month as a result of around 830 people being checked for weapons in special visitationszoner or “stop-and-search” zones.

Denmark’s laws allow these zones to be established by law authorities for a limited period in response to violent crime. They mean police officers can stop people on the streets or in cars and check if they are carrying weapons without having to give any cause.

READ ALSO: Danish police search 830 people in Copenhagen in less than a month

The Local was contacted by a reader who asked what police “may and may not do” in Denmark.

“For example, can they ask for ID, question you on the street, search you? Can people video in a public place?”, they wrote.

Asking for ID

Police don’t have the right to demand ID, but can ask for your name, address and date of birth, in accordance with paragraph 750 of Denmark’s Retsplejeloven or policing laws. You do not have to give your full CPR (personal registration) number if you have one, although you might be asked for it and see no reason not to give it.

If someone refuses to provide this basic information to the police or provides false information, they can be fined or punished.

It’s worth noting, though, that foreign residents of Denmark who have an opholdskort or residence card are technically required to carry it with them at all times.

READ ALSO: Can you travel in and out of Denmark if you lose your residence card?

The police can question members of the public, but individuals are not required to provide any statements, and no force can be used to compel someone to speak or answer questions. 

Searching

Police can search a person or their vehicle if they have “reasonable suspicion” that the person may have broken the law. They can only conduct a search without any cause if they are in a designated search area (visitationszone) as described above.

In non-visitationszoner, police need reasonable grounds to conduct a search. This can include visible illegal activity, smell of drugs, acting suspiciously or being in a location where drugs or weapons are known to be circulating.

Police may also search your vehicle if they suspect it contains illegal items, such as weapons or drugs, or if the vehicle is involved in a crime.

Detainment

Police in Denmark have the authority to detain individuals for questioning if they suspect the person has committed a crime. Detention without formal charges must be reviewed by a court (known as a grundlovsforhør) within 24 hours.

Police can issue on-the-spot fines for minor offences such as traffic violations and public disturbances, but must follow up with court procedure for serious matters.

All searches conducted by police must be recorded, as must preliminary charges (termed sigtelser), which mean you are under police suspicion. These preliminary charges, which police can give if they have “reasonable grounds” to suspect you have broken the law, enable them to carry out a search as described above.

You are not obliged by law to respond to police questions during these initial searches and proceedings. Once arrested, the police must inform you of your rights, which include the right to remain silent and the right to a lawyer.

Police must record searches and initial charges including the time and circumstances of the interaction, allowing a member of the public to later file a complaint if they believe police did not act correctly.

Video recording in public spaces

Members of the public have the right to film or photograph in public spaces, including police officers, as long as they do not interfere with police work. Denmark does not have laws that prohibit filming law enforcement as long as the filming does not obstruct the officers in their duties.

If police deem that filming obstructs their work or invades the privacy of others, they can ask individuals to stop. Recording police actions from a distance without interference should generally be allowed.

In 2021, Copenhagen Police commented after media reported, based on video evidence, that some officers had threatened members of the public with being arrested if they filmed them.

“Based on the recordings presented to us, we have decided to clarify the rules on this area to all employees. As a starting point, there is no basis for charging a person who is passively filming… a police officer on duty,” Copenhagen Police told newspaper Berlingske.

Complaints

Members of the public can file complaints with the independent Police Complaints Authority (Den Uafhængige Politiklagemyndighed) if they believe the police have misused their power or acted unlawfully. You should provide a case number when filing the complaint, if you have one.

Complaints can also be filed at local police stations.

As a member of the public, you have the right to complain about both the conduct of the police and the basis on which they took their decisions – meaning, for example, how they may have justified carrying out a search. In the later case, the complaint may mean you believe a police officer has broken the law.

The Police Complaints Authority handles the case differently depending on whether it relates to a conduct issue or a potential criminal act.

Are there any further questions relating to this article you’d like us to answer? Let us know in the comments.

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