Death sentence against Iranian rapper Toomaj Salehi overturned, now he faces a new trial

Toomaj Salehi, the regime-critical Iranian rapper, was sentenced to death in April for releasing music critical of the government. The sentence was overturned on Saturday and he faces a retrial.

Salehi’s lawyer Amir Raesian wrote on social media (via the guard), “As expected, the Supreme Court avoided an irreparable judicial error,” and that the Supreme Court “affirmed that even the previous prison sentence (6 years and three months) did not comply with the rules of multiple crimes… and goes beyond the statutory punishment.”

Salehi was arrested in October 2022 in the midst of the uprising sparked by the death of Mahsa Amini, a 22-year-old who was arrested by Iran’s morality police and later died in their custody. Salehi was eventually charged with “spreading corruption on earth,” a crime punishable by death, for releasing anti-government music and calling on his followers to join the protests.

Following his arrest, allegations emerged that Salehi was being held in solitary confinement and tortured. UN experts said he suffered a broken nose, several broken fingers and injured legs. There were also fears that his trials were being held behind closed doors and without his lawyer present.

In April, 33-year-old Salehi was sentenced to death by hanging. His lawyers announced at the time that they would appeal the verdict.

The death sentence sparked strong criticism from various government and interest groups as well as artists such as Coldplay and Sting. The Office of the US Envoy to Iran said“We strongly condemn the death sentence against Toomaj Salehi,” but also mentioned the five-year prison sentence imposed on another artist, the Kurdish-Iranian rapper Saman Yasin.

Following the Iranian Supreme Court’s decision, the Index on Censorship, the Human Rights Foundation and Salehi’s international legal team issued a statement saying: “While the Supreme Court’s decision represents an important correction of the cruel and unlawful treatment of Mr. Salehi, it is vital that his rights are properly respected.”

The statement continued: “Mr. Salehi’s case has been referred back to Branch 1 of the Revolutionary Court in Isfahan for re-sentencing. Even a shorter prison sentence would be unjust: Mr. Salehi has done nothing other than demand respect for his and other Iranians’ fundamental rights. He must be free to continue to practice his music and receive the necessary medical care after his imprisonment without further imprisonment, harassment or persecution.”