Nazanin Zaghari-Ratcliffe: new charges, but not returned to jail

The detained British-Iranian dual national, Nazanin Zaghari-Ratcliffe, has been given new charges as of 2 November 2020. After being taken to Judge Salavati’s Revolutionary Court, she was charged with spreading propaganda against the Iranian regime.
 Four years of turmoil
Ms. Zaghari-Ratcliffe has been arbitrarily detained since 2016 when she was given a five-year sentence. She lost a final appeal in April 2017 in Iran’s Supreme Court to overturn her sentence. Throughout her years in prison, she has undergone many hunger strikes in protest of her sentence. Her husband, Richard Ratcliffe, has continuously lobbied the British government for her release. Nazanin and Richard’s daughter Gabriella, whom she took with her to Iran in 2016, was able to return to the UK in 2019.
In March 2020, she was given temporary leave from prison due to the Covid-19 pandemic and has been living in her parents’ house in Tehran. The new charges presented this week used the same evidence that was used to convict her in 2016. Her husband issued a press release saying that, “Nazanin was allowed to respond to questions from the Judge, however before she was able to present her defence the case was adjourned.” There has been no date set for the next hearing yet, but she was allowed to return to her parents’ house.

“She will not sleep in prison tonight”, her husband said.

 Mr Ratcliffe, who speaks to his wife regularly, said she described her journey to the Court as a great spectacle and show of power. Two vans escorted by two motorbikes arrived at her parents’ house, with a huge number of people, at least ten men and two women. The Guards were rude and threatening towards her, asking whether she had packed her bags ready for prison as this is where she’ll be taken. Ms. Zaghari-Ratcliffe pointed out that the orders were to take her to court, and if she was then ordered by the Judge to go to prison, she would ask permission to come back to the family home and pack.
Judge Salavati was respectful to Ms. Zaghari-Ratcliffe. She noted during her trial that she had already been convicted of the charges presented to her in her first trial in 2016, and under Article 22 of the new Judiciary guidelines from October 2020, it is illegal to try someone for the same crime twice. Before she could present a proper defense however, the case was adjourned, with no discussion on what happens next. Her lawyer was upset that this happened, and the suspension of the case is seen as a negotiating tactic within Iran’s hostage diplomacy.
Ms. Zaghari-Ratcliffe reportedly said that she kept “imagining the face of Gabriella, telling myself I would see her again. I am so relieved to be back. You have no idea. I was so stressed out. There is no better place than home. I am glad to be home even if just for the time being.”
Hostage Diplomacy
There were no representatives from the British Embassy present at the trial.
However, UK Foreign Secretary Dominic Raab issued a statement on 30 October 2020, saying that

 “The detention of Nazanin and our other dual nationals in Iran is totally unwarranted. We’ve made it very clear we want to try and put the relationship between the UK and Iran on a better footing. If Nazanin is returned to prison, that will of course put our discussions and the basis of those discussions on a totally different place. It is entirely unwarranted, it is entirely unacceptable, it is totally unjustified.”

Raab spoke to Ms. Zaghari-Ratcliffe on Thursday evening (29 October 2020) to reiterate his commitment to solving her case and ensuring she would not be returned to Evin prison. Raab also said that he has spoken to the families of other dual nationals held in Iran, and has made clear to his opposite number in Tehran and at ambassador level that their detention is unjustified and must not continue to happen.
Prime Minister Boris Johnson was involved in efforts to free Ms.Zaghari-Ratcliffe during his time as Foreign Secretary, calling for her release during a meeting with Iranian President Hassan Rouhani in November 2019. Two years earlier, he had to apologise for suggesting that she had been training journalists when she was arrested, rather than on holiday with her daughter. He was heavily criticised by campaigners who said his comments put her at greater risk of an increased prison sentence.
Parliament held a debate on the matter today (3 November 2020). Alexander Stafford, Conservative MP for Rother Valley, asked whether James Cleverley, Minister of State, agrees that “Iran’s attempt to exploit dual nationals for political gain is unacceptable and they should be continued to be lobbied for release”. Cleverly responded with the reassurance that,

“the responsibility lies with the government of Iran and we remain committed to their full and permanent release. Whilst we are pleased Nazanin hasn’t been returned to jail that is not the end of the matter and we will continue to work to have her and the other detainees return home.”

Labour MP for Walthamstow, Stella Creasy, pointed out that over a year ago the British government gave Ms.Zaghari-Ratcliffe diplomatic immunity, and pressed Cleverly as to what has changed since then, and what difference this has made. He responded that

“our ability to support Nazanin is determined in large part by the behaviour of the Iranin government, we have made it clear on numerous occasions that we want to have access to our detainees and we now have access to speak directly to Nazanin, and we will continue to working with the Iranian government within the limitations they impose in order to secure their personal release.”

Ms. Zaghari-Ratcliffe’s summons came one day after a UK court hearing on the matter of a £400 million outstanding debt from Britain to Iran, but both the UK and Iranian governments deny any connection between this and her case. She is one of many dual nationals held in Iran, who are often used as part of negotiation tactics between governments. Iran has unlawfully imprisoned 30 people since 2015 and does not legally recognise dual nationality. At this time, there are at least 12 foreign or dual nationals held in detention in Iran, four from the UK. Many are charged with crimes against the Iranian government.
Things have also escalated in a number of other foreign or dual national cases, detailed in the Free Nazanin press release. British-Australian academic Kylie Moore-Gilbert disappeared for almost a week, but is now reportedly back in Ward 2A of Evin Prison, most likely in solitary confinement. Another academic who is Australian-Iranian, Meimant Chavoshi, was given a five-year sentence on 1 November 2020. She was arrested in 2018 and charged with, “colluding against national security by conducting a birth control investigation.” There was also recent news of a Swedish-Iranian dual national, political activist Habib Alaswad, being abducted.
IOHR’s #FreeRouhaniHostages campaign has continued to report on the cases of dual nationals arbitrarily detained for hostage diplomacy. See the campaign below:
https://observatoryihr.org/campaign/freerouhanihostages/