Medico-legal report reveals extent of torture faced by Nazanin Zaghari-Ratcliffe

Leanna Burnard - Legal adviser

British aid worker, Nazanin Zaghari-Ratcliffe is one of 30 people who have been unlawfully imprisoned in Iran since 2015. Nazanin was detained in Iran on 3rd April 2016 during a trip with her 22-month-old daughter to visit family. She was sentenced to 5 years in prison which ended in 2021 but faces the threat of a second sentence. Her detention was condemned by the European Union and United nations. Public support for Nazanin and her husband was described as “really overwhelming” by a legal adviser at Redress: a legal organisation representing victims of torture. She added MPs had received countless inquiries from the public relating to Nazanin’s case.

Over three days in October 2020, a comprehensive physical and psychological evaluation of Nazanin was conducted by two doctors for a 77-page medico-legal report commissioned by Redress. The report concluded that physical and psychological findings are “highly consistent” with allegations of torture and ill treatment.

When interviewed, Nazanin’s legal adviser at Redress Leanna Burnard outlined that the report shows her client suffers from serious and chronic PTSD, major depression, and OCD. The reason for this being ill treatment in prison, house arrest and continuing legal uncertainty she faces. Leanna further mentioned that “she’s awaiting the imposition of her second sentence” and is kept in a “constant state of stress by having her finish her first sentence and then immediately bringing forward a second set of charges, meaning she is there with hope dangling in front of her”.

This threat of further prison time is “worsening the ongoing impact of her detention”. The report found the physical effects of her imprisonment to be pain and impairment of her neck, right shoulder, and arm due to the denial of medical care. The report concludes that without reunification with her family and effective treatment “her conditions could potentially deteriorate and worsen”

When asked about other foreign nationals also being detained in Iran such as Ahmadreza Djalali who are at risk of torture like Nazanin has been, Leanna informed me that “there are lots of different types of treatment that can amount to torture”.

Prolonged solitary confinement, aggressive interrogations, involving being blindfolded and threats to the victim’s family are all forms of torture and ill-treatment and have all been experienced by Nazanin. This information suggests that other detainees may face the same risk of torture.

Additionally, to the medico-legal report, Redress has compiled “the evidence file on Magnitsky sanctions” and submitted this to the UK. The sanctions provide accountability for and deter activities that would if carried out by a state, amount to serious violations of human rights. The sanctions scheme provides a range of rights and abilities to identify individuals who are responsible for human rights abuses and impose sanctions on them. Sanctions range from asset freezes to travel bans of designated persons. The UK, US, Canada and EU have the powers to use Magnitsky sanctions to reprimand perpetrators. Redress reported that they have submitted evidence to the foreign office on certain individuals responsible for hostage taking.

Before the release of the medico-legal report in March 2016, Nazanin was afforded diplomatic protection which if used, could invoke legal responsibilities of the accused state. For Nazanin, this means the UK should request a private consular meeting with Nazanin and issue a formal protest to Iran which can facilitate diplomatic action to secure Nazanin’s release and return to the UK.

Leanna added that invoking diplomatic protection had elevated Nazanin’s case and sent the message to Iran that “anything they do to Nazanin is an offence to the UK too”. Although there are benefits to granting diplomatic protection, the UK government has consistently under-utilized it, Redress is calling for diplomatic protection to be given greater effect and for the application of the Magnitsky sanctions.

The case of Kylie Moore-Gilbert is as an example of hostage diplomacy. Kylie is a British-Australian, Melbourne university lecturer detained in Iran for a total 804 days. Kylie visited Iran for an academic conference where upon departure, she was detained at Tehran airport being flagged as “suspicious”. She was convicted for espionage and sentenced to 10 years in prison. Her story shows how the Australian government negotiated her release in return for releasing prisoners. Kylie’s story shows the complexities of hostage diplomacy and raises the importance of using schemes like Magnitsky sanctions and diplomatic protection.