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

Bahman Nezami

About

Age: 33
Nationality: Iran
Religion: Non-Believer
Civil Status: Married

Case

Date of Killing: July 23, 1988
Location of Killing: Evin Prison, Tehran, Tehran Province, Iran
Mode of Killing: Hanging
Charges: Counter revolutionary opinion and/or speech

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.

 

July 1988-January 1989: mass execution of political prisoners

Between July 1988 and January 1989, thousands of political prisoners throughout Iran were summarily executed in the Islamic Republic's prisons.

Exceptional procedure

Following a July 1988 order by Ayatollah Khomeini, several three-man commissions comprised of representatives of the Islamic Revolutionary Courts, the Revolutionary Prosecutor’s Office and the Ministry of Intelligence were formed in Tehran and the Provinces. Over a six-month period, these three-man commissions subjected thousands of political prisoners (from various leftist religious and secular groups), most of whom had already been tried and convicted, to formalized interrogation sessions.

Inquisition-style trials

The interrogations or inquisition-style trials were designed to discover the prisoners' political and religious views. They sometimes lasted a few brief minutes and bore little resemblance to any judicial proceedings aimed at establishing the guilt or innocence of a defendant charged with a criminal offence under the law.

The commissions did not inform prisoners that these interrogations were retrials that could lead to their executions. Defendants had no access to legal counsel and were not given the opportunity to defend themselves or to appeal the commission’s decision. Those who where deemed “unrepentant” were sentenced to death. The sentence was generally carried out immediately after the proceedings.

The executions were not announced publicly and families were informed of the executions weeks after they took place.

Human rights violations

Based on the available information, the following human rights 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 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 association with others, including the right to form and join trade unions for the protection of one’s interests.

    UDHR, Article 20; ICCPR, Article 22.1.

The right to due process

    • The right to be presumed innocent until found guilty by a competent and impartial tribunal in accordance with law.

      ICCPR, Article 14.1 and Article 14.2.

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 the right to legal aid. The right to communicate with one’s attorney in confidence

    ICCPR, Article 14.3.b and 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.

  • 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.

    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.

    ICCPR, Article 14.1, Article 14.3.c.

  • The right to defense through an attorney or legal aid. The right to examine, or have examined, the witnesses against one, and the right to obtain the attendance and examination of witnesses on one’s behalf under the same conditions as prosecution witnesses.

    ICCPR, Article 14.3.d and 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 1Article 2%viol_ctcidp_2%.

About this Case

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Information regarding the arrest and execution of Mr. Nezami has been collected from an electronic communication sent to the Boroumand Foundation, an interview with one of his relatives, Kayhan newspaper (No. 12053, 02 January 1984), and Jomhuri Eslami newspaper (No. 1331, 02 January 1984), which published on page 10 a report of the proceedings of the Military Revolutionary Tribunal that tried Mr. Nezami along with seven others. He is one of the victims of the massacre of political prisoners in 1988. The Boroumand Foundation has collected additional information regarding the 1988 massacre from the memoirs of Ayatollah Montazeri, reports from Human Rights organizations, interviews with witnesses and victims’ families, as well as the Bidaran website.

Mr. Nezami, son of Saleh, was born in Narjabad village in Maragheh. He was married and had two sons. His second son was born while he was in prison. He was a senior student at the Tehran University Medical School. He had a scholarship from the army and was serving his internship at a military hospital.Mr. Nezami was a hiker and known to be outspoken and candid. According to fellow inmates, he had retained his enthusiasm for sports and was a leader, in this, for other prisoners. He was one of the more influential prisoners and was able to create morale and solidarity among his companions. According to his inmates, in an era when medicine was scarce in the prison, Mr. Nezami tried to treat other prisoners using traditional medicine. (ABF interview)

According to a news report onMr. Nezami’s trial, the latter has stated during his defense that,impressed by his brother, he became a follower of Fadaiyan Khalq Organization after the revolution. He was discouraged by the objectives and the programs of the Organization after a while. In the beginning of the Iran –Iraq war, in 1980, Mr. Nezami went to the front to serve in the war.Towards the end of 1980, while he was still at the front, Mr. Nezami was summoned for an interview by the Ideological - Political office of the Military Academy. Followed by this, in the beginning of 1981, his name was placed on a list of expelled members, owing to his political affiliation. A while after he was expelled from the Military Academy; the Islamic Revolutionary Military Tribunal found him incompetent, due to his leftist beliefs; and he was eventually expelled from the army, too. According to information published by the courts, Mr. Nezami was drawn to the Tudeh Party by a friend, as soon as he was expelled from the army. Early in 1981, he joined members of the covert Tudeh network within the army.

The Tudeh Party of Iran (Hezbe Tudeh or the Party of the Masses) was founded in 1941 by a group of mostly communist intellectuals. Its non-radical, reformist platform and its name reflected the founders’ hopes to attract the larger religious population. Instead, the Party's Marxist-Leninist orientation and its anti-Imperialist and anti-Fascist positions made it most influential among intellectuals and educated Iranians. In the late 1940s and early 1950s, The Tudeh, with its country-wide organization, including active women, youth, and labor groups, as well as a secret military network (Sazman-e Nezami-ye Hezb-e Tudeh Iran), played a major role in Iran’s political scene.The Tudeh was banned following an attempted assassination against the Shah in 1949. Nonetheless, the Party continued its activities, as well as its publications, of which there would be many. Following the 19 August 1953 coup, the Tudeh’s military network was annihilated with many of its leaders arrested or forced into exile, mostly to the Soviet Union and Eastern Europe. Over the years, the Party’s political influence diminished, due to various splits resulting from its pro-Soviet stand and policies in periods of political tension in Iran and from the radicalization of the left in the 1960s and 1970s.After the 1979 Revolution, the Tudeh declared Ayatollah Khomeini and the Islamic Republic’s regime revolutionaries and anti-imperialists and actively supported and collaborated with the government. Though the Party never opposed the Islamic Republic, it became the target of its attacks in 1982, and the Party's leaders and many members, including those of the new secret military network, were arrested.The Tudeh lost scores of its members during the mass prison killings of 1988. Following several splits, the Party resumed its activities in the early 1990s in exile.

Arrest and detention

Mr. Nezami was arrested at his residence on Azarbaijan Street in Tehran at about 5:00 p.m. on 2 May 1983 and was taken to an unknown location by two revolutionary guards. Shortly after the arrest, the officers searched his house. There was no information on his whereabouts or his situation until 30 December, when his family could visit him for the first time. A year after his his arrest, when he had his trial and the sentence was issued, he was transferred to the Evin Prison. There is no further information about his condition and whereabouts before he was transferred to Evin.According to relatives, he was allowed to have a contact visit with his children every few months in the prison. These visits were sometimes associated with offensive behavior of the guards with the family. Mr. Nezami did not have any contact visits during the last year before his execution. According to fellow inmates, 15 days before his execution he went on hunger strike, along with five other prisoners, and was transferred to the prison clinic due to physical deterioration.

Trial

Mr. Nezami was first tried before the Islamic Revolutionary Military Tribunal of Tehran, headed by Hojatoleslam Rey Shahri, and was sentenced to 15 years and 9 months imprisonment.There is no further information regarding Mr. Nezami’s trial [in Evin Prison] but, according to testimonies of leftist political prisoners who were tried in Gohardasht Prison during the executions of the summer of 1988, the trials took place in a room on the ground floor of the prison after a few weeks of isolation during which prisoners were deprived of visitation, television and radio broadcasts, and time outdoors.

Towards the end of August, a three-member delegation, composed of Hojatoleslam Eshraqi, the prosecutor, Hojatoleslam Nayyeri, the religious judge, and hojatoleslam Pourmohamadi, the representative of the Ministry of Information, asked prisoners questions about whether they were Muslim or Marxist, whether they prayed, and if their parents were practicing Muslims. Based on the prisoners’ responses, the latter were sentenced to be hanged or flogged until they agreed to pray. The authorities never informed prisoners about the delegation’s purpose and the serious implications of their responses. According to survivors, during the summer of 1988 a large number of prisoners sympathizing with the Mojahedin or Leftist groups were executed for not recanting their beliefs.The relatives of political prisoners executed in 1988 deny the legality of the judicial process, which resulted in thousands of executions throughout Iran. In their 1988 open letter to the Minister of Justice at the time, Dr. Habibi, they argue that the official secrecy surrounding these executions is proof of their illegality. They note that an overwhelming majority of these prisoners had been tried and sentenced to prison terms, which they were either serving or had already completed when they were retried and sentenced to death.

Charges

During the first trial in the Islamic Revolutionary Military Tribunal of Tehran, Mr. Nezami was charged with “being an active member of the covert military network of the Party, holding “Nariman” as his pseudonym, supervised by Kazem, paying a monthly membership of between 200 and 300 Tomans (Rials 2000 – 3000) to his superior, Kazem, and having a relationship with the Tudeh Party, after Imam’s message.” (Jomhuri Eslami newspaper, No. 1331, page 10, 02 January 1984). However, there has been no charge publicly stated against the victims of the 1988 mass executions.Based on the testimonies of the prisoners who were incarcerated during the summer of 1988, the questions of the three-member committee to the leftist prisoners were about their beliefs, and they were accused of being “anti-religion,” insisting on their beliefs and not repenting. In their letters to the Minister of Justice in 1988 and to the UN Special Rapporteur visiting Iran in February 2003, the families of the victims refer to the authorities’ accusations against the prisoners – accusations that may have led to their executions. These accusations include being “counter-revolutionary, anti-religion, and anti-Islam,” as well as being “associated with military action or with various [opposition] groups based near the borders.”An edict of the Leader of the Islamic Republic, Ayatollah Khomeini, reproduced in the memoirs of Ayatollah Montazeri, his designated successor, corroborates the reported claims regarding the charges against the executed prisoners. In this edict, Ayatollah Khomeini refers to members of the Mojahedin Khalq Organization as “hypocrites” who do not believe in Islam and “wage war against God” and decrees that prisoners who still approve of the positions taken by this organization are also “waging war against God” and should be sentenced to death.Defendants, who did not belong to the Mojahedin Khalq Organization, may have been accused of being “anti-religion” for not having renounced his or her beliefs.

Evidence of guilt

The report of this execution does not contain information regarding the evidence provided against Mr. Nezami.

Defense

There is no information available on Mr. Nezami’s defense against the three-member delegation. According to newspaper reports published in Kayhan newspaper (No. 12053) and Jomhuri Eslami (No. 1331), and according to his relatives, he objected to the competence of the trial courts and argued with the prosecutor and the trial judge. He had explained about him his being expelled from the university on the last year of his medical studies, being expelled from the army, and how he became acquainted with and joined the Tudeh Party. He mentioned his services to the people and hoped that the court would allow him to return to university, finish his studies, and serve his people.

Judgment

Mr. Bahman Nezami was hanged in Evin Prison in the summer of 1988 during the massacre of political prisoners. Once the family heard about the mass executions, through BBC news, they made numerous follow-ups, and, finally, Mr. Nezami’s execution was confirmed by the authorities of Evin Prison after several months. Some of his personal belongings, such as his watch and wedding ring, were delivered later to his family. His family was never informed of where he was buried. They were not allowed to hold any memorial service for him.Based on the Boroumand Foundation’s research, leftist prisoners executed in 1988 were found to be “apostates.” Months after the executions, prison authorities informed the families about the executions and handed over the victims’ belongings to their families. The bodies, however, were not returned to them. The bodies were buried in mass graves. Authorities warned the families of prisoners not to hold memorial ceremonies for their loved ones.

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