By Roshanak Taghavi Correspondent
Christian Science Monitor
updated 8/22/2011 3:47:05 PM ET 2011-08-22T19:47:05

A day after two American hikers received an eight-year jail sentence for allegedly crossing the border illegally into Iran and spying for the United States, it appears the men may now be victims of Iran’s internal political tensions.

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Iran has held Shane Bauer and Joshua Fattal in prison for more than two years. In the weeks leading up to their sentencing, senior Iranian officials close to the president made comments to local media outlets that fueled speculation that the two men would likely be released. Iranian President Mahmoud Ahmadinejad had himself urged the court to make a light ruling.

Story: Clinton: US disappointed by hikers' plight in Iran

Within the world of Iranian politics, however, a lighter sentence would have created the impression that the judiciary had caved to political pressure from the Ahmadinejad administration.

Thus, the court’s reversal appears to represent more of a message to the president that the court acts independently of his desires and policy objectives than an affirmation of the two men’s guilt, according to analysts inside the Islamic republic.

Coming amid increasing frustration throughout the Iranian government that Mr. Ahmadinejad has overstepped the bounds of his position, the sentencing is also likely designed as a check to the president’s power.

“The judiciary doesn’t want to hand the government any victories or to be dictated to by the government,” says an analyst speaking by phone from Tehran on condition of anonymity.

For the past six years, Ahmadinejad has successfully appointed political allies to senior positions within a number of state institutions and fired those who oppose his policies. Iran’s Supreme Leader Ayatollah Ali Khamenei, who has final say in all government matters, has tacitly approved the Ahmadinejad government's extension of power at the expense of Iran's judiciary and legislature, stepping in only when the president was perceived as having gone too far.

In large part, the president has been engaged in a power struggle to carve out a permanent power base that will endure even after his presidential term ends in 2013. Iran does not have a system of strong political parties and the influence of the president typically ends when his term his over.

As a result, Ahmadinejad has worked to consolidate power in the executive branch – often at the expense of the parliament and judicial branch – and has worked hard to place his political allies in positions of influence.

In May, Ahmadinejad received a rare but significant rebuke from Ayatollah Khamenei, after unilaterally firing intelligence chief Heydar Moslehi without consulting the supreme leader.

In the run-up to Iran's March 2012 parliamentary elections, legislators and conservative political figures have sought to strengthen their political standing as Ahmadinejad continues with his own efforts to shore up his government's influence over key state institutions.

It is amid this climate that Mr. Bauer and Mr. Fattal were tried. Ahmadinejad had encouraged prosecutors to apply a more lenient sentence.

This would have boosted the Iranian president's international standing before his trip to the US in September to speak in New York at the upcoming United Nations General Assembly meeting. An improvement of Ahmadinejad’s image abroad could help him gain more power at home, so the judiciary may have sentenced the American hikers more harshly with the aim of hampering the president’s efforts to consolidate power.

Tehran's chief prosecutor, Abbas Jafari Dolatabadi, said Saturday that the two American men were sentenced to five years imprisonment on charges of spying for the United States and three years for illegally entering Iran, and have 20 days to appeal the verdict, according to the state Islamic Republic of Iran Broadcasting (IRIB) website.

Fattal, Bauer, and a third American, Sarah Shourd, were arrested in July 2009 along Iran's border with Iraqi Kurdistan. Ms. Shourd was released on $500,000 bail last September for health reasons, and is currently back in the US. Her case remains open and she could be tried in absentia.

The disconnect between the Ahmadinejad administration's public expression of hope for clemency and the harshness of the judiciary's verdict is embarrassing for Ahmadinejad's government in light of the president's upcoming travels to New York, according to domestic analysts.

“It was basically to ensure that Ahmadinejad's government doesn't have anything to use for any sort of [Iran-US] rapprochement," said the Tehran-based analyst speaking on condition of anonymity.

This article, "Harsh sentence for US hikers could spell trouble for Iran's Ahmadinejad," first appeared in the Christian Science Monitor.

© 2012 Christian Science Monitor

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Video: Is Iran using American men as pawns?

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    >>> thank you. iran has handed down the sentence against two american men who said they accidentally hike under to the country. iran accused them of being spies and as punishment they were sentenced to eight years in prison. ali is in tehran . good morning.

    >> good morning, jenna . that's right, tehran 's chief prosecutor confirmed this morning the sentences for fattal and bauer and the court was considering all of its options including trying her. the sentences were announced by iran state-run media. tehran 's chief prosecutor accuse accusaccu announced this morning eight years prison sentence for josh fattal and shane bauer for entering the country illegally. they were arrested a little over two years ago along the iran /iraq border. they denied they were spies, saying they were hiking and crossed into iran by mistake. sarah shourd was released on bail last september. she flew back to the u.s. and never returned to iran to face trial.

    >> this could be the final --

    >> reporter: she recently spoke with lester holt expressing hopes that her friends would soon be released.

    >> that's what we're praying for. the time for compassion has finally come.

    >> reporter: before sentencing, many thought bauer and fattal would be freed with time served and a yesture of islamic compassion. now friends are concerned about the toll a long prison term would take.

    >> it's unclear what that game is and it has to be very tough.

    >> reporter: the case has highlighted differences among the ruling elite in japan. it was only two weeks ago that iran 's foreign minister said he hoped bauer and fattal would be free. the u.s. state department issued a statement, "we continue to express our hope that the iranian authorities would exercise the humanitarian of releasing these two young men." continue its backdoor diplomacy to free bauer and fattal. at this point a mew manitarian option may be the only hope for these two americans. jenna , experts i have spoken to and conventioned wisdom seem to suggest that they will be free, but relations between these two countries is terrible and iran is not in the business of doing the u.s. any favors. if they're not freed in the next two weeks, they could be here for a long time. jenna ?

    >> ali, thank you.

    >>> here to give us some insight on the iranian legal system and what the sentencing means is karen desoto. good morning.

    >> good morning.

    >> the iranian ambassador to iraq and the iranian foreign minister said they fully expect these men to be free and saturday comes and they're sentenced to eight years in prison. what happened there?

    >> we went from all the top officials saying, hey, it looks like they're going to be freed and then we get this eight-year sentence. but it's a little too soon to panic because we know in recent cases. in fact, iranian american in 2009 was let go. she was a free llance journalist and she was sentenced for eight years on the same thing and was let go during the appeals process. we have not gotten to the appeals process yet. but the disturbing part is there was a trial. america does not have a consulate. we have to rely on the swiss to be our protectors in those and, of course, our minister, the swiss minister went over there and went over to the trial and was not let into the court. some more disturbing reports is that the attorney for the defendants was not allowed to talk to them. and he was hopeful that prior to the trial that he would get an hour or two to speak to them. that's a pretty huge red flag there.

    >> that must have really hurt their case, also, when you don't even have any communication with your attorney the whole time that you're in prison.

    >> well, of course, you know, americans would say that the fix is in, but the problem is, it's very difficult for the families to speak out because nobody wants to be disrespectful and it's very nice to talk about defendants' rights. when someone is literally holding a gun to your children's head, you want to be respectful and walk on egg shells and hope that maybe they will let them free and they're not going to be used as a political chip.

    >> without that communication with their attorney, is a lot of this he said/he said as far as the evidence against these two young men.

    >> the attorney reviewed the case and no evidence of criminal acts, however, we don't know, you know, what was put on the record. we still don't know what the spying evidence is. so, are they, of course the families are saying most experts are saying that this is really just they're being used as a political chip and, therefore, they're going to be used nuclear arms and as some type of bargaining chip for talks and iraqi soldiers and iran soldiers and the treatment of the soldiers. so, this is just a whole political agenda at this point.

    >> lots to come in the coming days and weeks. karen, thank you so much for your insight, as always.

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