Briefly Noted

Abstract

On December 19, 2023, the Svea Court of Appeal in Sweden issued its judgment in the above case affirming the conviction and sentencing of Hossein Seyed Ahmadi, an Iranian citizen, for grave breaches of international humanitarian law and murder that took place in Iran in 1988. Specifically, he was charged with having executed prisoners associated with the People's Mojahedin Organization of Iran in the Gohardasht prison. Though the Court of Appeal dismissed the conviction of grave breaches of IHL with regard to some of the prisoners at issue, it found overall that the district court was correct in holding that the prosecutor substantiated the charges levied against Ahmadi. With regard to the murder charge, the Court of Appeal affirmed and noted that it should actually have been considered several acts of murder instead of just one single act. One judge dissented and argued that the defendant should have been found guilty of aiding and abetting murder rather than murder itself. The Court of Appeal also agreed with the district court's assessment that the acts took place in relation to the conflict between Iran and Iraq, thus triggering the application of IHL. Ahmadi's sentence to life in prison stands, and damages have been awarded to surviving plaintiffs and relatives of the deceased prisoners.