On 17 March 2022, Nazanin Zaghari-Ratcliffe and Anoosheh Ashoori were finally returned to the UK after six and five years respectively in unlawful detention in Iran. Their release appeared to be a joyful win for human rights in the midst of the gruesome atrocities occurring in other parts of the world. However, beneath this apparent victory lies a worrying trend that demonstrates that their release had nothing to do with human rights working at its best but was another strategic move made by Iran in its irresponsible game of politics against Western states.
The Islamic Republic of Iran is a party to the International Covenant on Civil and Political Rights (ICCPR), meaning that, among other things, it has an international obligation to protect article 9 of the ICCPR, the right to liberty and security of person. This is reflected in article 32 of the Iranian Constitution. Iran is therefore under a duty not to subject anyone to arbitrary or unlawful detention and to prevent such a deprivation of this right by others. And yet it has flagrantly ignored this duty. In a clear derogation from its obligations, Iran unlawfully detained several dual nationals with links to the US, the UK, and other Western countries, and used them as political pawns to blackmail these states.
Nazanin and Anoosheh are just two examples of this. They were both arrested and detained upon visiting their family members in Iran for allegedly spying and wanting to overthrow the Iranian government. It was clear from the outset that these charges were unfounded, especially considering that neither of them had ever worked for the British government or been involved in politics. At first, Iran attempted to legitimise its actions, trying both individuals, and finding them guilty in domestic courts. However, it soon became clear that it was all a charade and Nazanin and Anoosheh were being used as bargaining chips to get the UK to pay a £400m debt it owed to Iran since 1979. Thus, despite the tireless campaigning of their lawyers and family, until that debt was paid, both individuals remained in detention.
Beyond that, their treatment varied depending on Iran-UK relations. As diplomatic correspondent, James Landale, put it; “if Tehran wanted to make nice, they would treat [Nazanin] well… If Tehran wanted to exert pressure on London, then her conditions might worsen, and privileges might be withdrawn”. Although the British Foreign, Commonwealth and Development Office (FCDO) has categorically denied the link between the debt and the detentions, it is telling that the payment of this debt preceded the release of both Nazanin and Anoosheh.
For other dual nationals who present an opportunity for Iran to win their bargaining game against other Western countries, they remain unlawfully detained abroad. Another case is that of Morad Tahbaz, a conservationist who was detained for supposedly conducting espionage and “cooperating with the hostile state of the US”. His family was told that he would be released from prison on furlough in March in conjunction with the return of Nazanin and Anoosheh. While he was actually released temporarily, two days later he was returned to prison with no satisfactory explanation and remains in detention with no signs of being released. It appears that Morad was placed back in prison because he is in the unlucky situation of not only being an Iranian and British citizen but being an American citizen as well.
As such, it appears that Iran wants to use him to make another move in a bigger game with another competitor, the US. However, the US has not been as willing as the UK to succumb to the pressure being put on them by Iran through this means of hostage-taking. Its relations with Iran have soured, resulting in the US imposing several sanctions on Iran including an embargo on US-Iran dealings. These sanctions have crippled the Iranian economy and led to a recession, with no indication that the US appears willing to remove any of them. Iran’s retaliation has involved detaining unfortunate individuals under unfounded charges. The US has, however, refused to undertake any diplomatic negotiations to secure their release and so US nationals remain in unlawful detention.
There are also other dual nationals still in detention with no signs of release. Among these are Ahmadreza Djalali (Iran-Sweden), Fariba Adelkhah (Iran-France), Abdolrasoul Dorri Esfahani (Iran-Canada), Kamran Ghaderi (Iran-Austria), Massud Mossaheb (Iran-Austria), Karan Vafadari and Afarin Neyssari (Iran-US), and Nahid Taghavi (Iran-Germany). These individuals are being kept in deplorable conditions with no near sign of freedom. It has become clear to the Western nations that this is a tactic by Iran to put pressure on them in different diplomatic situations.
When Fariba Adelkhah was sentenced to five years in prison in 2020, the French Foreign ministry condemned Iran’s politically motivated actions. Ahmadreza Djalali’s detention has also been described as hostage diplomacy by human rights groups and his recent death sentence has been described as Iran’s retaliation on Sweden for the war crimes trial of former Iranian judiciary official Hamid Nouri. And yet, beyond global condemnation and empty promises to fight for the freedom of those being unlawfully detained, it appears that Western countries are constrained in a game that seems to be controlled by Iran. Either they succumb to the pressure and have their nationals released or they do not, and have their nationals kept in continuingly deplorable conditions.
This cannot continue, however, as in the meantime, individuals whose rights to liberty have been deprived continue to be used as collateral damage. The time has come for other state parties to stop playing Iran’s political game and to aim to develop a holistic plan that stops what is indeed a human rights crisis and upholds the integrity of human rights.
Sephlin is an aspiring barrister and has just completed the Bar Practice Course. She is interested in immigration law and its connection to international law. She hopes to work with asylum seekers, the homeless, and other marginalized groups.