Abdorrahman Boroumand Center

for Human Rights in Iran

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

Haji Nutizehi

About

Nationality: Iran
Religion: Islam (Sunni)
Civil Status: Unknown

Case

Date of Killing: May 30, 2009
Location of Killing: Zahedan, Sistan Va Baluchestan Province, Iran
Mode of Killing: Hanging
Charges: War on God; Acting against state's security; Corruption on earth

About this Case

was behind bars when a deadly explosion rocked a Zahedan mosque. He was put to death just hours later

News of the execution of Mr. Haji Nutizehi, child of Esmail, and two other defendants in the case, was published by numerous sources, including the Sistan and Baluchestan Province Judiciary’s website (June 1, 2009); the Islamic Republic of Iran Police Force news website (May 30, 2009); and Iranian Students News Organization (ISNA), Fars News Agency, and Taftan News Agency on May 30, 2009. Additional information about this case was obtained from Iran newspaper, Jam-e Jam online, and Radio Farda on May 30, 2009, and from other sources.*

Based on available information, Mr. Nutizehi’s case related to an explosion at the Imam Ali Mosque** in the city of Zahedan on May 28, 2009.

Arrest and detention

Information Administration agents arrested Mr. Nutizehi at Zahedan’s Imam Ali Mosque on May 26, 2009 (BBC Persian and Jam-e Jam online, June 1, 2009, and Donyaye Eghtesad newspaper, May 31, 2009). Details of his arrest and detention are not available.

Trial

Mr. Nutizehi and his co-defendants were tried between Thursday night, May 28, and Saturday morning, May 30, 2009. The trial took place in the presence of his court-appointed attorney and the session was videotaped (ISNA, May 30, 2009). No information is available about the details of the trial session/s.

Haji Nutizehi was tried, sentenced to death, and executed in less than two days. Were judicial officials after justice, or revenge?

Charges

Mr. Nutizehi’s trial was a mass trial with the other defendants in the case in which they were charged with “complicity in the bombing of Zahedan’s Imam Ali Mosque, complicity in the bombing of the Sarallah bus in 2006-07, complicity in the bombing of University Boulevard in 2006-07, attempted unsuccessful bombing of the February 10, 2009 demonstrations, explosion of a bomb in Zahedan’s Alghadir Mosque in February 2009, complicity in the March 2009 operations in the Lar region, complicity in four counts of armed hostage-taking for purposes of extortion on behalf of the Rigi gang, planning eight counts of unsuccessful terrorist and hostage-taking operations, and procuring a team house in Zahedan to carry out various operations” (Sistan and Baluchestan Province Judiciary, June 1, 2009). No information is available about charges brought against Mr. Nutizehi individually.

The validity of the criminal charges brought against this defendant cannot be ascertained in the absence of the basic guarantees of a fair trial. International human rights organizations allude to reports according to which, in certain cases, the Islamic Republic of Iran’s officials bring false charges against their opponents (including political, civil, and union activists, as well as ethnic and religious minorities) such as drug trafficking or commission of public or sexual crimes, and execute them along with other regular criminals. Hundreds of people are sentenced to death in Iran every year; however, the number of those who are sentenced to death based on these false charges is not known.

Evidence of guilt

Mr. Nutizehi’s confession was the basis of his conviction and sentence (Iran-e Asr, May 30, 2009). The security forces’ investigations and reports were also among evidence presented him.

International human rights organizations have repeatedly condemned the government of the Islamic Republic of Iran for its systematic use of severe torture and solitary confinement to obtain confessions from detainees and have questioned the authenticity of confessions obtained under duress.

Defense

Mr. Nutizehi had been arrested two days prior to the bombing. Furthermore, based on published reports, the perpetrator of the bombing was killed in the explosion (Iran newspaper, May 30, 2009).

Baluchestan Popular Movement (Jondollah) *** issued a statement following the bombing claiming responsibility, and stated that it did not know Mr. Nutizehi, that he had no connections whatsoever with Jondollah, and that he had played no role in the Imam Ali Mosque bombing (Taftan, May 30, 2009).

Mr. Nutizehi’s case was adjudicated within 30 hours of the explosion and his trial took place outside the legal framework of adjudication procedures. He was denied an attorney of his choosing and of sufficient time to prepare a defense. No information is available on Mr. Nutizehi’s defense at trial.

A Summary of the Legal Defects in the Adjudication of Mr. Haji Nutizehi’s Case

It can be said with utmost certainty that this case is one of the most flagrant cases of disregard for the principles of a fair trial. The defendant in the case was arrested on May 26, 2009. The bombing occurred on May 28, and the defendants were executed on May 30. The judicial authorities charged the defendants with “complicity in the bombing of Zahedan’s Imam Ali Mosque, complicity in the bombing of the Sarallah bus in 2006-07, complicity in the bombing of University Boulevard in 2006-07, attempted unsuccessful bombing of the February 10, 2009 demonstrations, explosion of a bomb in Zahedan’s Alghadir Mosque in February 2009, complicity in the March 2009 operations in the Lar region, complicity in four counts of armed hostage-taking for purposes of extortion on behalf of the Rigi gang, planning eight counts of unsuccessful terrorist and hostage-taking operations and procuring a team house in Zahedan to carry out various operations”. Every single one of these charges carries a very harsh penalty, and investigating and adjudicating each one requires a fairly long time. Nonetheless the judicial authorities, by their own admission, tried the case, issued the death sentence, and carried it out, all within 30 hours. The process normally includes preliminary investigations, original trial, appellate hearing, obtaining permission to carry out the death sentence from the proper authorities, and conducting the formalities of sentence implementation. It is absolutely not credible that all these steps were taken in such a short time, especially given that judicial proceedings in much smaller cases take years in Iran.

Another important issue is that the defendants in this case were arrested two days prior to the bombing and were in detention when the bombing actually occurred. It is therefore evident that these defendants played no role in carrying it out.

The unreasonable speed with which the proceedings were carried out, as well as the defendants’ arrest prior to the bombing, makes it perfectly clear that the judicial authorities executed these defendants simply to take revenge and with utter disregard for the principles of fair trial and due process.

Judgment

The court sentenced Mr. Nutizehi to death for “Moharebeh and Efsad fel-Arz (“spreading corruption on Earth”) and acting against national security”.

According to published reports, Mr. Nutizehi’s request for an appeal was submitted but there is no information as to the results thereof (ISNA, May 30, 2009).

At 7:15 in the morning of Saturday, May 30, 2009, Mr. Nutizehi and two of his co-defendants were hanged in public in front of Zahedan’s Imam Ali Mosque in the presence of the Zahedan prosecutor, families of the victims, and the general public.

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*Other sources: Taftan Neews Agency (May 29 and 30, 2009), Iran newspaper (May 30, 2009), Fars News Agency (May 28 and 29, 2009), Donyaye Eghtesad (May 31, 2009), Mehr News Agency (May 29, 2009), Jahan News (May 29, 2009), and BBC Persian (June 1, 2009).

**The bombing of Zahedan’s Imam Ali Mosque, which was one of the most important mosques in the Sistan and Baluchestan Province, occurred on May 26, 2009, at the time of the evening mass prayers, and resulted in the killing of 20 individuals, including three children, and the wounding of 120 others.

***Jondollah (Iran Popular Resistance Movement) is a militia group established in August of 2003 in southeastern Iran. This group called itself the protector of the Baluch people, an ethnic minority in southeastern Iran, and identified as its goals the defense of the Baluch people’s culture; improvement of Sistan and Baluchestan Province’s social conditions; and protecting the religious rights of the adherents of the Sunni faith from the Shiite regime of Iran; among others. The group resorted to armed struggle in order to achieve its goals and was therefore considered a terrorist group. Abodolmajid (Abdolmalek) Rigi was the leader of the group from the time it was established until his execution.

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