Greetings and respect,

Ms. “A.A.”, our young and distinguished lawyer, has compiled the following list of violations committed singlehandedly by the prosecutor’s assistant in less than two hours in this case:

۱- According to article 15 clause 5 of the Law on Supervision of Judicial Conduct enacted in 2011, offenders of each of the following violations, depending the importance and circumstances of the commission, will be convicted to one of the disciplinary punishments from degrees 4 to 7.

Clause 5: Not observing regulations related to jurisdiction, whether inherent or territorial: hypothetically and if the crime occurred, since the crime is related to a website and association and the association’s head office is in Tehran, the Sari prosecutor’s office did not have jurisdiction to review the crime and it should have been referred to the Tehran prosecutor’s office where the alleged crime occurred. The judges of the prosecutor’s office committed a violation and used their influence to review the crime in Sari.

۲- According to article 14 clause 2 of the Law on Supervision of Judicial Conduct enacted in 2011, offenders of each of the following violations, depending on the importance and circumstances of the commission, will be convicted to one of the disciplinary punishments from degrees 1 to 4.

Clause 2: Failure to announce the end of the trial in court and the end of the investigation in the prosecutor’s office, or unjustifiable delay of less than one month in issuing or executing the verdict: They were arrested on September 8 without presenting an arrest warrant and an order from the judicial authority based on arrest and were referred to Qaemshahr prison on September 9, and despite more than 20 days since the arrest, no investigations have been carried out by the prosecutor’s office. Despite being interrogated in prison by unknown individuals claiming to be from the Ministry of Intelligence, and not from judicial authorities, on September 13 and September 14, they cooperated and answered their questions separately over two days, but regrettably, the results of these investigations were not recorded in the file in a prejudiced manner and with a prior plan. And after 12 days their temporary detention order was rejected due to lack of investigation documents in branch 1 of the revolutionary court of Sari city due to the lack of investigation documents. They will spend at least 15 days unjustifiably in prison while the investigations were carried out on September 13 and 14, and the date of approval of temporary detention was September 21, having a one-week difference, while these documents should have been placed in the file immediately after the investigations and sent to the higher authority, i.e. the revolutionary court, but were intentionally not provided so that the temporary detention order would be approved due to the lack of investigation documents, and then these documents were recorded and registered in the file.

۳- According to article 17 clause 4 of the Law on Supervision of Judicial Conduct enacted in 2011, offenders of each of the following violations, depending on the importance and circumstances of the commission, will be convicted to one of the disciplinary punishments from degrees 8 to 13.

Clause 4: Deviating from impartiality in performing judicial duties, which is one of his/her religious duties: Regrettably, the judicial authorities handling this case have deviated from impartiality and first arrested them and then sought a crime.

As of their arrest at 5:30 PM on Friday, September 8, 2023, they have been uninformed of the initial arrest warrant, and no indictment has been clarified to them. Thus, on September 19, 2023, they filed separate petitions requesting related judicial rulings as follows:

– A judicial order to summon them on September 8, 2023 at 5:30 PM.

– A judicial order for the confiscation of all properties on the above date.

– A judicial order for detention outside of prison on the night of September 8 to 9.

– A judicial order for the search and confiscation of personal belongings, mobile phones, notebooks, and the collection of their information.

Contrary to legal procedure which initially clarifies the indictment and then proceeds to arrest, their arrest and imprisonment were carried out first, and they remain uninformed of the initial arrest reasons in the village of Amreh. They have been in detention for over 20 days.

۴- Prolongation of the judicial process and the failure to hold an investigative session in prosecutor’s office after nearly 20 days: their arrest date was September 8, 2023, while the prison status mentions the date as September 9, 2023. Despite being educated individuals and being barred from their professions during this period, they have not been sent to prosecutor’s office even once, and no charges have been explained to them by the judicial authority.

۵- According to article 18 of the Law on Supervision of Judicial Conduct enacted in 2011, violation of the relevant laws, for which no punishment is foreseen either in this law or in other laws, entails one of the disciplinary punishments of degrees 2 to 5, depending on the importance and circumstances of the violation.

Note: If the violation of the law is intentional and aimed at harming or favoring one of the parties, or due to accepting suggestions and being overcome by desires, resulting in the denial of rights, delay in duty, or neglect of duty, the perpetrator, depending on the importance or circumstances of the violation, will be sentenced to one of the disciplinary punishments of degrees 8 to 13 as per the details of the violation:

From the moment of arrest at 17:30 on Friday, September 8, 2023 until  Sunday, September 10, 2023, they were not allowed to contact their family or lawyer. Despite insistence on being sent to the court from the moment of arrest, the unidentified arresting individuals did not heed this request. An unidentified man, introducing himself as a judicial authority, interrogated them in an unknown location on Saturday, September 9, 2023 after office hours (around 15:00). They later realized he is the prosecutor’s assistant of Branch 5 of the Public and Revolutionary Prosecutor’s Office of Sari. Upon entry to Qaemshahr prison on the afternoon of Saturday, September 9, 2023, prison officials wanted to cooperate to let them contact their families and lawyer, however, once the prison head sought advice from the prosecutor’s assistant, the permission for this contact wasn’t granted until 8:30 on Sunday morning, September 10, 2023, i.e., about 40 hours after their arrest.

It is emphasized that the entire arrest process, confiscation of properties, inspection of properties, and detention in an unknown and uninformed location took place without a judicial order.

 

With respect and gratitude,

Dr. Mitra Kadivar

September 30, 2023, 18:00

https://freudianassociation.org/?p=70132