Human Rights Lawyer Amirsalar Davoudi Charged with Espionage Over Clients' Wedding Audio

According to information obtained by Iran Human Rights, Amirsalar Davoudi has been arraigned on three distinct counts in a new case: propaganda against the state, disturbing public opinion via computer systems and offences under the second section of Article 4 of the “Law on Intensifying the Punishment for Espionage and Cooperation with the Zionist Regime and Hostile States against National Security and Interests,” concerning the alleged transmission of video and audio files to “hostile networks.” 

The primary basis for the espionage accusation stems from an audio recording of a marriage ceremony Amirsalar conducted for his clients Mahshad Keshani, an imprisoned protester, and her partner Alireza Sepahi, who was executed on 5 October. 

Amirsalar who was arrested on 11 October, faces up to fifteen years if he is convicted of the Article 4 offence. Since the charge does not amount to efsad-fil-arz (corruption on earth), the applicable penalty is third-degree tazir imprisonment of more than 10 to 15 years and permanent dismissal from state and public employment. 

On 4 October, Amirsalar published an audio recording on his personal Instagram account in which Alireza and Mahshahd’s fathers, as the representative of their children, consent to Amirsalar officiating their children’s religious marriage (aghd). In the audio, Amirsalar then reads the official aghd text to the fathers.  

An informed source told Iran Human Rights: “The basis for the charge under Article 4 of the Law on Intensifying the Punishment for Espionage is the alleged transmission of an audio recording of the wedding ceremony of Alireza Sepahi and Mahshad Keshani to foreign-based media. Amirsalar Davoudi had previously officiated their marriage vows but the recording was first published as a story on his personal account before being republished by domestic and international outlets. Mr Davoudi did not record the file himself; in the audio, he can be heard asking others to send him a copy after recording it.”

The source added: “Despite the progression of judicial proceedings, Mr Davoudi's lawyer has been denied access to the case file and prevented from reading it. His request to review the dossier was rejected, effectively depriving him of the ability to examine the documentation, evidence and legal grounds for the charges. Taking a final defence without giving defence counsel the opportunity to study the file is in serious conflict with fair trial principles and the right to an effective defence.”

The formal arraignment took place after Amirsalar suffered a mild heart attack in solitary confinement on 8 November and was briefly admitted to Al-Zahra Hospital in Isfahan. Although unconscious upon arrival and in fragile health, he was discharged the following morning and immediately escorted to court for arraignment. IHRNGO previously reported that the arraignment was postponed due to the investigation being incomplete.

Regarding his arrest, the source emphasised: “Amirsalar Davoudi was arrested inside the courtroom while performing his professional duties and defending his client, Mahshad Keshani. Arresting a lawyer in court during active representation raises serious questions regarding the independence of the legal profession, professional immunity and the right to a fair trial. Beyond violating his professional and personal rights, it undermines the client's right to an independent defence and creates an atmosphere of intimidation among lawyers.”

Despite an explicit order issued by the prosecutor granting him contact with his family, enforcement officers continue to hold him incommunicado. 

Amirsalar Davoudi is the 2022 Ludovic-Trarieux International Human Rights Award. In November 2018, he was arrested in relation to his Telegram channel “Without Retouch,” where he criticised procedural flaws, the judicial harassment of lawyers and human rights violations. Originally sentenced to 30 years imprisonment and 111 lashes by “Death Judge” Salavati, his case has since undergone prolonged appeals and repeated cycles of detention. On 2 September 2024, Amirsalar was granted a three-day furlough, and the enforcement of his sentence was suspended after an Article 474 appeal was granted.