Abdorrahman Boroumand Center

for Human Rights in Iran

https://www.iranrights.org
Memorial
Omid, a memorial in defense of human rights in Iran
One Person’s Story

Brigadier General Gholamhossein Ala'i

About

Age: 55
Nationality: Iran
Religion: Islam
Civil Status: Married

Case

Date of Killing: June 2, 1979
Location of Killing: Masjed Soleyman, Khuzestan Province, Iran
Mode of Killing: Shooting
Charges: War on God, God's Prophet and the deputy of the Twelfth Imam; Murder of persons and/or killing Muslims or/and freedom fighters; Corruption on earth

Human rights violations in this case

The Legal Context

The Courts

 

Islamic Revolutionary Courts, 11 February 1979-1994

 

In the immediate aftermath of the 11 February 1979 Revolution, an ad hoc tribunal, initially referred to as the Extraordinary Revolutionary Tribunal, was set up to try the officials of the previous regime, for which no specific procedures were devised. In a decree dated 24 February 1979, Ayatollah Khomeini, the revolutionary religious leader, appointed a cleric as Shari’a Judge and instructed him “to issue Shari’a-based rulings,” thereby establishing the foundation of a system of special courts.

 

Initially, the revolutionary courts’ jurisdiction was determined by the religious judge’s interpretation of the Shari’a (Islamic law based on the teachings of the Qur’an, the traditions of the Prophet, the 12 imams, and the teachings of Shi’a scholars. On 17 June 1979, the Revolutionary Courts and the Prosecutor’s Office Rules of Procedure, which was only selectively observed, established the latter’s jurisdiction and make-up.

 

The Courts’ jurisdiction encompassed a wide array of offenses including moharebeh (“waging war with God”), efsad e fel arz (“spreading corruption on Earth”), crimes against national and international security, economic crimes, murder, profiteering, prostitution, rape, and narcotic drugs-related crimes. The law required that two of the three principal members of the Revolutionary Courts be Shari’a judges.

 

 

Islamic Revolutionary Courts, 1994-2002

 

With the adoption of the Law for the Establishment of General and Revolutionary Courts of 14 June 1994, and the Code of Criminal Procedure for General and Revolutionary Courts of 19 September 1999, a uniform code of procedure was applied to both revolutionary and general courts. The jurisdiction of the Revolutionary Courts was limited to 6 categories of offenses:

1. Crimes against national and international security,“moharebeh” (enmity with god) and “efsad e fel arz” (corruption on earth;)

2. defaming Ayatollah Khomeini and the Supreme Leader;

3. plotting against the Islamic Republic of Iran, armed action, terrorism, and sabotage;

4. espionage;

5. smuggling and drug-related crimes; 6. claims under Principle 49 (economic crimes) of the Constitution.

 6. Furthermore, pursuant to the Law on the Manner of Punishing Individuals Engaged in Unauthorized Audio and Visual Activities, Article 11, the revolutionary courts have jurisdiction over crimes that fall within the purview of said Law, including production and distribution of obscene materials and misuse and abuse thereof.

These courts continued, however, to try cases falling outside their jurisdiction, such as theft and sexual offenses. Further, the vagueness of laws regarding national security allowed the revolutionary courts to try political and media crimes whenever they wished to do so.

 

The new law eliminated the Prosecutor’s Office and gave the judges inthe Revolutionary Courts the power to perform the duties of the prosecutor, as well as their own, in any case brought before them.

 

Islamic Revolutionary Courts, 2002-Present

 

The Amended Law for the Establishment of General and Revolutionary Courts of 2002 reinstated the Prosecutor’s Office in both revolutionary and general courts. In cases involving political and media crimes, revolutionary courts’ jurisdiction overlaps with that of Province Criminal Courts.

 

With the passage of the new Rules of Criminal Procedure in 2014, and its coming into force in June 2015, the jurisdiction of the revolutionary courts remains unchanged, with slight modifications in procedural aspects of adjudication. For instance, the new law provides that for crimes subject to the death penalty, life imprisonment, amputation, third degree, or higher, the revolutionary court shall convene with three judges, whereas, prior to the passage of this law, adjudication of all crimes within the jurisdiction of revolutionary courts took place with only a single judge.

The Appellate System of Revolutionary Courts, 1979-Present

 

From their inception until 1994, the rulings of the Revolutionary Courts were not subject to appeal. In the early 1980s a court entitled the Supreme Court of Qom was established in the city of Qom and which reviewed cases of execution and confiscation of properties, thereby forming a first tier form of appeal. The exact date of the creation of the court is not clear, but, based on available information, the court became operational in the early 1980s, even though Ayatollah Khomeini's official order for its creation is dated 1985. The court’s procedure was not systematic and did not meet the international standards for a court of appeals; there was no official record of its jurisdiction. The Supreme Court of Qom was dissolved in 1989.

 

The Law of 14 June 1994 subjected the Courts’ decisions to appeal. An appellate court was established at each provincial capital, called the Province Court of Appeals, composed of a three-judge panel, to review decisions made by the Revolutionary Courts. The Supreme Court was designated as the appellate authority for particular decisions, including those involving capital punishment.

 

Narcotic drugs-related crimes constitute a significant exception to the appeals process. Governed by the Anti-Narcotic Drugs Law of 1988, as Amended on 8 November 1997 and 31 July 3 2010, these crimes are within the jurisdiction of, and are adjudicated on a regular basis by, Revolutionary Courts whose decisions are final. After being handed down by the judge, death sentences are sent to the Prosecutor General or the Head of the Supreme Court as a matter of administrative approval.

 

With the passage of the new Rules of Criminal Procedure in 2014 (and its coming into force in June 2015), however, drug related crimes became subject to appeal as well.

General Courts, 1979-1982

 

In cases not falling under the jurisdiction of the Revolutionary Courts, the system devised under the previous regime continued to function in parallel with new systems devised by laws passed by the Judicial Council, one of which, entitled The Legal Bill for the Establishment of General Courts of 11 September 1979, radically changed the entire structure and categorization of the courts. It divided the courts in three branches: Criminal, Civil, and Peace (a sort of arbitration court dealing with minor financial and other disputes). Specialized courts such as family courts were eliminated.

 

General Courts, 1982-1994

 

The Law of the Amendments to the Rules of Criminal Procedure of 1982 established a new criminal courts system, Criminal Courts I and II. Criminal Court I, established only in provincial capitals, had jurisdiction over more serious offenses, including those punishable by death, and Criminal Court II heard less serious crimes.

 

General Courts, 1994-2002

 

The Law for the Establishment of General and Revolutionary Courts of 14 June 1994 established umbrella courts called General Courts, which replaced and dissolved pre-existing civil and criminal courts. The law dissolved the Prosecutor’s offices and tasked a single person with the roles of judge, prosecutor, and investigator.

 

General Courts, 2002-2015

 

In 2002, the 1994 Law was amended, reviving the role of the Prosecutor’s Office in General Courts. The prosecution offices were re-established in a gradual process over several years. The amended law also re-established specialized branches within general courts dealing separately with criminal and civil matters. In addition, this law allocated a number of branches of the Province Court of Appeals to have original jurisdiction over a number of cases including the most serious offenses, as well as political and media crimes. In these cases, the branches are called the Province Criminal Court.

 

General Courts, 2015 to Today

 

With the passage of the new Rules of Criminal Procedure in 2014 and its coming into force in June 2015, general courts underwent certain changes as well. Criminal courts were divided into Criminal Court One, Criminal Court Two, Military Court, Juvenile Court, and Revolutionary Court. Criminal Court One has jurisdiction over serious crimes such as those subject to the death penalty, life imprisonment, amputation, third degree, and higher, as well as political and media crimes. Criminal Court Two has jurisdiction over other crimes. Another change consists of the establishment of juvenile courts, which adjudicates crimes committed by individuals less than 18 years of age. In cases where the individuals less than 18 commit serious crimes such as those subject to the death penalty, however, Criminal Court One will have jurisdiction, observing rules of juvenile criminal procedure.

 

The Appellate System of General Courts, 1979-Present

 

The Legal Bill for the Establishment of General Courts of 11 September 1979, abolished appeal of most criminal courts’ decisions. The law of 1982 restricted the appeal possibility even further. According to the Islamic Republic authorities’ interpretation of Islamic Law, a qualified jurist’s decisions were not subject to appeal except under special circumstances, such as when the judge realized his own mistake, or another judge advised him so, or when he did not have jurisdiction over the case. Even in such situations, the case would not go to a higher court but would be subject to review by the same judge or another judge at his level. The judges were even urged to call their verdicts “opinions,” so that the possible change in the verdict would not be “haram” (“sinful,” the highest level of prohibition in Islam, disobedience of which would result in a sin).

 

In October 1988, the Majles (Iranian parliament) passed a law regarding review of court judgments. This law provided for an appeal if the conviction was claimed to be based on invalid documentation or false testimony. The defendant could also base an appeal on a point of law or a procedural violation.

 

The appellate system was expanded in other laws in the late 1980s and in 1993. The Law for the Establishment of Criminal Courts I and II of 11 July 1989 created the Branches of the Supreme Court. Crimes of less importance, tried in Criminal Court II, were subject to review by Criminal Court I.

 

For the most important crimes involving death punishment, which were under the jurisdiction of Criminal Court I, the law allowed limited appeal to the Branches of the Supreme Court. Defendants had the right to petition the Supreme Court for appeal in certain cases involving false testimony or procedural violations, and if granted, the case would be remanded to either another criminal court or the original one.

 

Finally, the Law for the Establishment of General and Revolutionary Courts of 1994, as amended in 2002, established an appellate court at each provincial capital, called Province Court of Appeals, composed of a three-judge panel, to review decisions made by both general and revolutionary courts. The Supreme Court was designated as the appellate authority for particular decisions, including those carrying the death penalty, as well as decisions made by the Province Criminal Court.

 

The amended law of 2002, continued the appellate procedure to the Branches of the Supreme Court established by the afore-mentioned law of 11 July 1989

 

The Supreme Court continues to be the competent authority to rule on new trials, which have been provided for in limited circumstances.

With the passage of the new Rules of Criminal Procedure in 2014 and its coming into force in June 2015, the Court of Appeals shall be the competent authority to hear appeals from Criminal Court Two decisions, and the Supreme Court shall hear appeals from Criminal Court One decisions.

Special Courts for the Clergy

 

These courts are rooted in a 1979 decree, issued by Ayatollah Khomeini, which established a committee of religious and noble figures in every region to purge the clergy of anti-revolutionary elements under the supervision of the Revolutionary Courts. Between late 1981 and 1984, a special court in the city of Qom handled, though not systematically, the trial of clerics.

 

On 29 July 1987, Ayatollah Khomeini officially appointed a prosecutor and a member of the clergy as Shari’a judge for Special Courts for the Clergy. On 6 August 1990, a directive was issued regulating the conduct of these courts, the jurisdictional ambiguity of which is such that it effectively extends to “anyone where one of the parties is a cleric” and to “all matters in which the Court is designated as competent by the Supreme Leader.”

 

The court, which was not mentioned in the Islamic Republic's constitution, was mandated to try “pseudo clerics, those related to/connected with the clergy, for public and/or anti-revolutionary crimes, and violations of the prestige of the clergy,” and where the principal suspect is a member of the clergy, “any co-conspirator or assistant, whether a cleric or not.”

 

These courts are generally not open to the public and can issue sentences for all acts and omissions punishable under codified Iranian laws or Shari’a or for any other acts or omissions which can bring dishonor to the clergy or to the Islamic Revolution. Further, in certain particular cases – which have not been defined – where no punishment has been devised by either the Penal Code or even the Shari’a, the Court “can rule as it deems fit.” 

 

The Appellate System of the Special Court for the Clergy, 1979-Present

 

There is no information on any appeal process for the Special Court for the Clergy prior to the 1990 directive. Article 49 of said directive set up, however, an appeals court called Special Appellate Court for the Clergy, the head of which is appointed by the Supreme Leader, to which the decisions of the lower court can be appealed.

 

Military Courts

 

The military court system, independent from the judiciary under the previous regime, became a part of it on 1 December 1981. The Judiciary Organization of the Armed Forces, established in 1986, replaced and merged other military courts and tribunals in existence at the time, namely the pre-revolution Judiciary Organization of the Army, the Revolutionary Tribunal of the Army (established on 8 December 1979), and the Revolutionary and General Court for the Revolutionary Guards (established on 15 July 1979.) The Judiciary Organization of the Armed Forces has its own Criminal Code and follows the country’s general rules of criminal procedure.

 

The Law of the Criminal Procedure of the Armed Forces of 15 May 1985 created Military Courts I and II. Military Court I has jurisdiction over more serious offenses, including those punishable by death, and Military Court II hears less serious crimes.

 

The Appellate System of Military Courts, 1979-Present

 

The law of 8 December 1979, establishing the Revolutionary Military Court, did not provide for any appeals. The Law of 15 May 1985 created a system of appeals through the creation of a two-tier system of courts. The decisions of Military Court II were subject to review by Military Court I. This law also provided that multiple Branches of the Supreme Court be designated as the appellate court to review decisions of Military Court I.

 

The judges

 

1979-1997: Prosecutors and judges are not necessarily law graduates and jurists. Shortly after the Islamic Revolution, a five-member Committee was established to purge the judicial system of undesirable elements, pursuant to the Legal Bill for the Modification of the Judiciary and the Law for Hiring Judges of 8 March 1979. The power of the committee was absolute and its decisions, resulting in a widespread purge of the judiciary, final.

 

The Law for the Conditions of Selection of Judges of 4 May 1981 established the conditions of eligibility for judges. The latter were to be hired among men who were legitimate children and had practical commitment to Islam and allegiance to the Islamic Republic. The law, which led to the hiring of clerics and Islamic legal scholars, also allowed hiring practically anyone as a judge who could “obtain the Judicial High Council’s permission.” Moreover, Note 2 of the Amendments of 4 October 1982 to this law allowed widespread employment of seminary students “who ha[d] general knowledge equivalent to a high school diploma” as judges at prosecutor’s offices in general as well as Revolutionary Courts.  

 

By 1989, the judiciary counted about 2,000 new judges trained in theological seminaries (graduates and students) and political appointees, many having replaced judges trained in law schools.

 

1997-Present: As of this writing (2013) the Law for Hiring Judges and its amendments of 4 October 1982, 7 February 1987, and 9 May 1988 are in full force and form the basis for hiring judges. The Executive Rules of Procedure of 22 December 1997 subjected such hiring to passing an entrance examination and successful completion of an apprenticeship program, the duration of which ranges between one and two years. The law does not limit hiring to men only but does not specify in what capacity women will be functioning, other than an advisory one.

Currently, judges are selected in accordance with the Guidelines on the Recruitment, Selection, and Internship for Judicial Candidates and the Hiring of Judges.

 

Dismissal of Judges: From 1979 to 1989, the judiciary was run by the Supreme Judicial Council which was composed of the head of the Supreme Court, the Prosecutor General (both of whom were appointed by the Supreme Leader), and three judges elected by the entire body of judges in the country. The Council had the power to hire and dismiss judges in accordance with the law.

 

The constitutional reforms of 1989 substituted the Supreme Judicial Council with one person, the Head of the Judiciary. The Supreme Leader, whose mandate is not subject to popular vote, appoints the Head of the Judiciary for a 5-year term. The latter has significant power to influence the dismissal of judges. Dismissal cases are referred to three types of disciplinary courts, presided over by judges appointed by the Head of the Judiciary, who has veto power over any decisions made by the relevant courts.

 

Two of these courts, established in 1991 and 2011, are charged with examining the judges’ conduct from a religious and ideological standpoint. The process does not necessarily involve the defendant and the final decision, left to the Head of the Judiciary, is not subject to appeal.

 

Detentions, interrogations, and trials: 1979-1980

Pre-trial detentions

The charges upon which the accused were arraigned were often extremely broad. Defendants generally had no access to legal counsel nor to their file and the evidence against them prior to the trial.

Trials

Witnesses might be called, or the statement of persons with relevant information read into the court’s record. Accusation witnesses could come forward the day of the trial to give evidence against the accused, but in most cases, defense witnesses were not allowed in court. There was no automatic right of a defendant to cross-examine witnesses or to know the source of the evidence against him. The defendant had an opportunity to state his side of the matter and attempt to refute what was said against him, but the final decision was solely up to the discretion of the religious judge.

Appeal processes

The judgments of the Revolutionary Courts were not subject to appeal. The convicts were generally executed within a few hours of the judgment.

Human rights violations

Based on the available information, some or all of the following human rights may have been violated in this case:

  • The right to liberty and security of the person. The right not to be subjected to arbitrary arrest and detention.

    Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 9.1.

  • The right not to be punished for any crime on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time it was committed.

    UDHR, Article 11.2; ICCPR, Article 15, Article 6.2.

  • The right not to be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation.

    UDHR, Article 12, ICCPR, Article 17.1.

  • The right to freedom of thought, conscience, and religion, including the right to change and manifest one’s religion or belief.

    UDHR, Article 18; ICCPR, Article 18.1, ICCPR, Article 18.2; Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Article 1 and Article 6.

    In its general comment 22 (48) of 20 July 1993, the United Nation’s Human Rights Committee observed that the freedom to "have or to adopt" a religion or belief necessarily entailed the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views, as well as the right to retain one's religion or belief. Article 18, paragraph 2, of the International Covenant on Civil and Political Rights bars coercion that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to religious beliefs and congregations, to recant their religion or belief or to convert.

  • The right to freedom of opinion and expression, including the right to hold opinions without interference and to seek, receive and impart information and ideas.

    UDHR, Article 19; ICCPR, Article 19.1 and ICCPR, Article 19.2.

  • The right to freedom of peaceful assembly.

    UDHR, Article 20; ICCPR, Article 21.

  • The right to freedom of association with others, including the right to form and join trade union for the protection of one’s interests.

    UDHR, Article 20; ICCPR, Article 22.1.

  • The right, as a member of a religious or ethnic minority, to enjoy one’s own culture or to profess and practice one’s own religion.

    UDHR, Article 18; ICCPR, Article 27.

  • The right to equality before the law and the right to equal protection of the law.

    UDHR, Article 7; ICCPR, Article 26.

The right to due process

Pre-trial detention rights

  • The right to know promptly and in detail the nature and cause of the charges against one.

    UDHR, Article 9(2); ICCPR, Article 9.2 and Article 14.3.a

  • The right to counsel of one’s own choosing or legal aid and the right to meet with one’s attorney in confidence

    ICCPR, Article 14.3.d; Basic Principles on the Role of Lawyers, Article 1 , Article 2, Article 5, Article 6, and Article 8.

  • The right to adequate time and facilities for the preparation of the defense case.

    ICCPR, Article 14.3.b; Basic Principles on the Role of Lawyers, Article 8

  • The right not to be compelled to testify against oneself or to confess to guilt.

    ICCPR, Article 14.3.g.

  • The right not to be subjected to torture and to cruel, inhuman or degrading treatment or punishment.

    UDHR, Article 5; ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1, and Article 2.

Trial rights

    • The right to a fair and public trial without undue delay.

      ICCPR, Article 9.3, Article 14.1, Article 14.3.c.

    • The right to examine, or have examined the witnesses against one and to obtain the attendance and examination of defense witnesses under the same conditions as witnesses for the prosecution.

ICCPR, Article 14.3.e.

  • The right to have the decision rendered in public.

    ICCPR, Article 14.1.

Judgment rights

  • The right to appeal to a court of higher jurisdiction.

    ICCPR, Article 14.5.

  • The right to seek pardon or commutation of sentence.

    ICCPR, Article 6.4.

  • The right not to be tried or punished again for an offence for which one has already been convicted or acquitted.

    ICCPR, Article 14.7.

Capital punishment

  • The inherent right to life, of which no one shall be arbitrarily deprived.

    Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 6.1; Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty, Article 1.1, Article 1.2.

  • The right not to be subjected to cruel, inhuman or degrading punishment.

    ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.

  • The right of a person not to be subjected to the capital punishment for an offence committed before the age of eighteen. The right not to be deprived of life while pregnant.

    ICCPR, Article 6.5; Convention on the Rights of the Child, Article 37.a.

About this Case

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Loyal to country, loyal to Shah, is the impression he made on those close to him.  He never opted to leave, once the events of 1979 made him vulnerable.

The information regarding Brigadier General Gholamhossein Ala’i’s case was drawn from various emails, including an Electronic form (ABF E-form), his execution verdict and the official death certificate, which were sent to the Abdorrahman Boroumand Foundation (ABF) by individuals close to him; and from two reports by two separate daily newspapers: Kayhan, 2 June 1979 and Jomhuri Eslami, 3 June 1979.

Brigadier General Ala’i was a member of the army and held the titles of Commander of the Masjedsoleiman Garrison and Commander of the Hakhamaneshi Tank Refurbishing and Remanufacturing Factory. He was an officer of the army intelligence unit (Rokne Do) and at times deputy commander. He also spent time in Iraq around 1965 as the military attaché at the Embassy of Iran and served the last 4 years of his military career in Masjedsoleiman. At the time of his arrest, he was 55 and had two children. According to people close to him, he was not affiliated to any political groups or parties. He was very loyal to the country and the Shah, which contributed to the reason why he did not leave Iran after the 1979 Revolution. His family and friends remembered him as a kind and honest person (ABF E-forms and emails).

Arrest and detention

Brigadier General Ala’i was arrested on 13 February 1979 by his subordinate officers and members of Masjedsoleiman Revolutionary Committees at his house. The officials who made his arrest did not have a warrant (ABF E-form).

Brigadier General Ala’i was taken to the local office of the Revolutionary Committee in Masjedsoleiman, and after a couple of days he was transferred to Qasr Prison in Tehran. He also spent some time in Ahvaz Prison. His detention lasted from the 13th of February to the 2nd of June in 1979, during which he did not have access to a lawyer and was granted only two visitations with his family. The ABF E-form describes his family’s visit to Qasr Prison: there were two rows of chicken-wire that had a two-meter distance from each other which separated the prisoners on one side and the families on the other side. A guard would go back and forth between the two rows to deliver the messages. Brigadier General Ala’i told his wife during a visitation in Ahvaz Prison that he had been subjected to mock executions at least three times. In addition, there was a burn mark in his forehead. The guards apparently used to burn him there with a mohr—a clayish stone on which Muslims put their foreheads for praying. This mark would imply that the person would be praying constantly.

Trial

Kayhan reported that the Revolutionary Tribunal of Ahvaz tried Brigadier General Ala’i along with 7 others. This trial took place at 2:00 p.m. on Friday, 1 June 1979 (Kayhan). But people close to him doubt that his trial ever took place (ABF E-forms and emails).

Charges

Kayhan reported Brigadier General Ala’i’s alleged charges along with 7 others collectively as: “repression and persecution of innocent people; ordering to shoot directly a people which led to the murder and assault of the people of Ahvaz and the violent repression of the people of Khuzestan during their righteous demonstrations; deprivation of freedom and basic natural and Islamic rights; and waging war on God, the Prophet of God, the Twelfth Imam, and the Muslim people."

People close to Brigadier General Ala’i say that the real reason of his conviction was related to a feud that the judge, Ayatollah Sadeq Khalkhali, had with him. At the time Brigadier General Ala’i was a military attaché in Iraq, Ayatollah Khomeini was exiled to that country in 1965. During that time, many clerics came to visit Brigadier General Ala’i to request assistance in their pardon, etc. One of these clerics was Ayatollah Khalkhali. But Brigadier General Ala’i denied his request and when Ayatollah Khalkhali refused to leave his office, the Brigadier General called a couple of guards to throw him out (ABF email).

Evidence of guilt

No information is available concerning the evidence presented against the defendant.

Defense

Based on the information provided, Brigadier General Ala’i believed that he was innocent. According to people close to him, he wrote in his diary on the morning of his arrest: “I did nothing wrong and up to this day there is no innocent blood on my hands. I will be acquitted after a short investigation.” He was so confident about his innocence that even when there was a prison break at Ahvaz Prison during the onset of the revolution and all the prisoners escaped, he along with a small number of other prisoners of conscience refused to flee (ABF E-form and emails).

Moreover, ABF’s collected information and the report by Kayhan create serious doubts as to whether Brigadier General Ala’i’s right to due process was respected:

1. Throughout his detention, interrogation and trial, he was denied the legal assistance of a lawyer and was kept almost incommunicado. Ayatollah Khalkhali wrote in his memoir about trying defendants without the presence of a lawyer: “Regarding the fact that we don’t allow a lawyer in the court, I must say that according to the Islamic laws and the Islamic principles there is no indication that somebody can chose a lawyer for himself—except when he is mute and the individuals whom we are trying are not mute and are wise enough to answer our questions…” (Ayatollah Khalkhali’s memoir, page 78)

2. The family visitations were rare and under abnormal circumstances as stated above.

3. There were signs of torture or at least degrading acts with the defendant, but there is no evidence that the court considered this in the verdict.

4. According to the information sent to ABF, Brigadier General Ala’i wrote his defense himself without a lawyer’s assistance. This document was returned to his family along with his diary. However the reasons for why this document was returned, whether it was used in the court, or why it was not filed by the court remain unclear (ABF email).

5. Finally, the judge’s personal hostility toward Brigadier General Ala’i, the broad and vague nature of the charges, the lack of details regarding the dates and places of the alleged crimes or the names of the victims create doubts about the judge’s neutrality. Moreover, these factors were completely ignored by the judicial system.

Judgment

Brigadier General Ala’i was executed on 2 June 1979 (Jomhuri Eslami, Kayhan). His execution verdict was signed by the Religious Judge one day after his execution on 3 June. This hand-written verdict has the header of “Executive Commission of Imam Khomeini, Judicial and Intelligence Section.” On the top of the page, a verse of Quran appears: “In Qesas, there is your life, wise men!” The verdict which mentions Brigadier General Ala’i's name incorrectly stated:

“In the name of God, hereby Brigadier General Gholamhossein Amir Ala’i is sentenced to execution; all his property excluding the livestock of his wife and children shall be confiscated, and his salary shall not be paid; and {his family} is not allowed to use the public budget.” This verdict was never served to anyone. Only after Brigadier General Ala’i’s brother followed up and filed a complaint against Ayatollah Khalkhali could he manage to obtain the verdict. In addition, all of Brigadier General Ala’i’s properties were confiscated which seems to go even beyond the original verdict that excluded the family’s livelihood from confiscation (ABF E-form and email).

According to Kayhan and Jomhuri Eslami, because Masjedsoleiman was the primary place in which Brigadier General Ala’i’s alleged crimes took place, he was transferred to there from Ahvaz. Subsequently, he would be taken before the execution squads.

On 2 June 1979 at 2:00 p.m., the local radio stated that 9 officers of the army were condemned to death, among which 8 of them had already been executed, and Brigadier General Ala’i had been transferred to Masjedsoleiman for execution. The Ala’i family was informed about his execution 24 hours later by an unknown phone call (ABF email).

Brigadier General Ala’i’s brother traveled from Tehran to Masjedsoleiman to retrieve his body. He found his brother near a creek where he was executed. He was not allowed to wash the body as is custom in Islamic tradition. He then filled the bullet holes with plaster to stop the bleeding and took the body to be buried in Tehran, but no cemetery accepted the body for burial. Finally, the victim’s body was taken from the family. Later they were told that he was buried in the “corruptors on earth’s section” in Behesht Zahra (Tehran’s cemetery). The Ala’i family still does not know the whereabouts of their beloved one’s grave (ABF E-form and emails).

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