Branch 17 of the Supreme Court Ruling in the case of Gholamreza Rassaei
The following is a summary of the circumstances of this case:
On November 18, 2022, approximately 2,000 followers of the Yarsan faith gathered at the gravesite of Seyyed Khalil Alinejad in Sahneh, Kermanshah Province, to commemorate the anniversary of his death. Seyyed Khalil Alinejad, a prominent Yarsani figure, was killed by unknown individuals on November 18, 2001, in Sweden. Each year, his admirers held ceremonies at his symbolic gravesite in Sahneh. Although these ceremonies were attended by security and law enforcement forces, no violence had occurred during previous gatherings.
On the day of the incident, a large number of law enforcement and security personnel were present at the site. According to eyewitnesses, tensions escalated due to provocations by the security forces, during which Mr. Nader Birami sprayed a substance toward the attendees, ultimately leading to clashes between the officers and participants. During this confrontation, two IRGC agents, Colonel Nader Birami and Zabih Noormoradi, sustained stab wounds and were taken to the hospital. Mr. Nader Birami, who served as the head of IRGC intelligence in Sahneh, succumbed to his injuries at the hospital.
His body was sent to the Forensic Medicine Organization, which determined the cause of death to be a cardiac rupture caused by the penetration of a sharp object into his chest. Immediately following Nader Birami’s death, a criminal case was opened, and investigations to identify those involved in the incident began. Many individuals were arrested and interrogated as part of the investigation. Among them was Gholamreza Rassaei, who had traveled to Shahriar after the incident and was arrested there on November 24. Mr. Gholamreza Rassaei was born on February 24, 1989.
The case was initially filed with the Public Prosecutor's Office in Sahneh but was later transferred to Kermanshah by the Provincial Court of Appeals in connection with the charge of intentional homicide. Consequently, the murder case was handled by the Second Investigative Branch of the Public and Revolutionary Prosecutor’s Office in Kermanshah. This branch eventually identified 18 individuals, including Gholamreza Rassaei, as suspects. The charges against these individuals included the intentional murder of a Muslim, intentional assault and battery, disturbing public order, brandishing a knife, carrying cold weapons with the intent to engage in conflict, insulting the leadership, and assembling and colluding to commit crimes against national security.
Based on available evidence, including the Prosecutor's Office decision and court rulings, Mr. Rassaei confessed during preliminary interrogations and investigations to stabbing the victim in the back. However, he later retracted this confession during subsequent proceedings, including the trial. Other defendants also admitted during interrogations to striking the victim with a knife, kicking him, and throwing stones at him. Several witnesses and informants provided conflicting accounts to the investigative branch regarding the circumstances of the victim’s death and the public’s attack on him.
All individuals testifying against Mr. Rassaei stated that he stabbed the victim with a knife from behind, between the shoulder blades. However, some witnesses did not mention any stabbing and claimed that Mr. Rassaei struck the victim with punches and kicks. Following the discovery of a knife linked to Mr. Rassaei, the Forensic Medicine Organization was consulted again. The organization stated that the injuries to the victim’s back could have been caused by Mr. Rassaei’s knife, but the chest injuries were inflicted with another sharp object. The matter was referred to the Forensic Medicine Special Commission for a conclusive determination of the cause of death. The commission, after examining three knives found in the defendants' possession, concluded that the fatal blow might have been inflicted by the knife attributed to Mr. Rassaei, which penetrated the victim’s chest near the nipple.
Mr. Rassaei confessed to stabbing the victim during interrogations by the Criminal Investigation Department and the Sahneh Prosecutor’s Office. However, he later denied his earlier admissions in the Second Investigative Branch of the Kermanshah Prosecutor's Office, claiming he did not inflict any blows on the victim. During the case proceedings, a court-appointed attorney was initially assigned to Mr. Rassaei. Later, the family retained several chosen attorneys, but these lawyers reportedly faced pressure from security forces and withdrew from the case. Ultimately, the family was forced to rely on attorneys approved by the judiciary.
Upon concluding the preliminary investigation, the Second Investigative Branch of the Kermanshah Prosecutor’s Office, specifically handling murder cases, issued an indictment on February 16, 2023, finding sufficient grounds to charge Mr. Rassaei with intentional homicide. The family of the late Nader Birami unanimously demanded the execution of the perpetrators.
After the indictment was issued, the case was referred to Branch Two of the Criminal Court of First Instance in Kermanshah Province for trial. According to the court judgment obtained by ABC, the trial court's ruling largely reiterated the content of the indictment. Additionally, surveillance footage was presented showing Mr. Rassaei at the scene of the incident holding a knife. The court ruling noted that the Forensic Medicine Organization's report documented three injuries on the left side of the chest, three injuries on the left shoulder blade area, one cut on the outer left shoulder, general injuries on the right shin, and a fracture in the sixth rib. The cause of death was determined to be the penetration of a sharp object into the chest.
One of the defendants, who had previously confessed to stabbing the victim, retracted their earlier statements during the trial, claiming they had only seen Mr. Rassaei holding a knife but had not witnessed him stabbing the victim. They further stated that their earlier confession was false and made out of fear. The court summoned the head of the Forensic Medicine Organization in Sahneh to clarify certain points, but the organization declined to appear in court.
The trial court found shortcomings in the preliminary investigation and returned the case to the Prosecutor’s Office for further inquiry. After addressing these deficiencies, the Prosecutor’s Office reissued the indictment on May 28, 2023, and the case was sent back to the court. During the subsequent hearing, a forensic medical expert was present. Mr. Rassaei denied all his previous confessions, stating they were made under torture. His attorneys also attended the hearing, denied the charges against him, and requested his acquittal.
A second hearing was held ten days later. Other defendants also denied their charges, asserting that their prior confessions had been extracted under torture by law enforcement. During the court proceedings, the forensic expert testified that the injury between the victim’s shoulder blades was consistent with the chest injury, indicating both were likely caused by the same knife. This testimony contradicted the report from the Forensic Medicine Organization in Sahneh, which had stated that the injuries to the victim's shoulder blades were not similar to the chest injuries and had been caused by different knives.
The court again found the Prosecutor's Office’s investigation incomplete and returned the case for further clarification. The ruling explicitly criticized the Prosecutor’s Office for conducting only minimal follow-up and sending the case back to the court without adequately addressing the issues.
Finally, on October 7, 2023, the judges of Branch Two issued their verdict based on their judicial discretion. The initial statements of the defendants were deemed credible. The expert opinion provided in court was accepted, and the report from the Forensic Medicine Organization in Sahneh was deemed inaccurate and unscientific. The court also rejected the defendants’ claims of torture by law enforcement officers.
Mr. Gholamreza Rassaei was ultimately convicted of the murder of the late Nader Birami and sentenced to qisas (retribution by execution by hanging). He was also sentenced to one year in prison and payment of blood money for non-lethal injuries inflicted on the victim. Additionally, he received one year of imprisonment and 74 lashes for disturbing public order. Other defendants received varying sentences of imprisonment or were acquitted.
The case, following an appeal by Mr. Rassaei's attorneys, was sent to the 17th Branch of the Supreme Court. On December 15, 2023, this branch upheld the trial court’s verdict. Gholamreza Rassaei was executed on August 6, 2024, in Dizelabad Prison in Kermanshah in the presence of Nader Birami’s family members.
Read the PDF for the Branch 17 of the Supreme Court Ruling in the case of Gholamreza Rassaei.