Details about the final appeal hearing in the case of Nazanin Fatehi

Iran Press News: Student committee of human rights reporters announced that the court hearing that was meant to begin at 10:30 on Wednesday morning, January 10th, in the branch 74 of the provincial criminal court, began with a two-hour delay at 12:30.

With the arrival of the accused, Nazanin (Mahabad) Fatehi in the courtroom, the sister of the deceased - Youssef Mahmoudi, a young man who attacked Nazanin and her 14-year-old niece, Somayeh - viciously and angrily cussed and swore at Nazanin. Then in a spectacle of grief began to scream and wail.

Mahmoud Takeyeh and Salman Parchami, the two friends of the deceased who were also a part of the attack on Nazanin and her niece, as well as Roozbeh Mowlai and Hamid Rahimi former friends of Nazanin and Someyeh were present as witnesses to the murder.

At first Rezvanfar, the prosecutor’s representative read the penalty that was asked for by the attorney general and discussed the charges and stated that the murder was intentional.

Fazeh Mohamoudi, the mother of the deceased took the stand and announced: “I demand retaliation; my son left the house for a few minutes and the next thing I know, they deliver his corpse to me.”

Then the judge summoned the 4 witnesses of the case and asked them to explain the exact course of events.

Mahmoud Takeyeh and Salman Parchami, the deceased’s friends and colluders spoke in contradictory statements and came under attack from the panel of judges.

Mohammad Mostafaii, one of Nazanin’s defense lawyers built his defense on 3 different points. He said

“The course of events: the murder took place in one of smaller roads in the outskirts of the Tehran suburb of Karadj and considering the fact that the incident took place in the winter time and it happened at approximately 2 p.m. and with regard to the privacy of the route and gardens around, it is considered to be a good place for sexual misconduct. Someyeh Fatehi was 14 years old at the time and due to psychological problems had for several days run away from home; according to the medical examiner she was also known to physically cut or harm herself. Apparently after Someyeh ran away, Nazanin was the only member of the family, who Somayeh would allow to protect her and care for her. The medical examiner also confirms that Somayeh had in fact been raped."

Mostafaii said: "In a hearing Nazanin told us that Mahmoud Takiyeh pulled her off a motorcycle, then pulling a sheet over her head began fondling her breasts; Youssef grabbed her. She told him that if he does not let her go that she would hit him but he wouldn’t let her go…another one of the two guys grabbed Somayeh.” Mostafaii then argued that this is enough proof and a legitimate defense of the innocence of Nazanin. He announced the 3 points as:

“1. With regard to the crime scene, naturally any girl in such a situation would be shocked and react.”
“2. The number of assailants vs. Nazanin and Somayeh”
“3. The presence of no other individual who would have been involved in this encounter is by no means certain; in view of the strange situation surrounding the incident and the lack of any police stations in the vicinity, how can we expect Nazanin to abandon Someyeh, to go and fetch disciplinary and police officials. Punishing someone who bravely defends herself only discourages and breaks the will of the citizens.”

In the end of the court hearing Shadi Sadr, Nazanin’s other lawyer, gave a speech that moved all those who were present; here is an excerpt of what she said: "Early on in the first trial it was pointed out that Nazanin was not a virgin and as a result one cannot mount a legitimate defense in her case. Nazanin was first brutally raped at age 15; that was an extremely painful experience and according to the medical examiner, the evidence of that rape is still visible on her body. She reported the rape and identified her rapist to the police however, they ignored it. Given her first experience, she simply does not feel safe to put herself in the hands of men, and she will not allow her niece to have to go through the same experience. If you gentlemen, our respected judges were to go and visit the place where Nazanin lives, one of the poorest neighborhoods around Karadj…every time she would go home, form running errands or from school, she would have to cross dried fields…the place of her own rape; with that in mind she had begun carrying a knife…not surprising but quite reasonable under the circumstances to have such an instrument on her person."

In the end of the hearing, the attorney general's representative made extremely controversial remarks: "In the verdict handed down by the Supreme Court, the intentionality of the crime has been confirmed and self-defense also has been proven but the proportionality thereof is what is dubious. Three things can be debated, self-defense, defense of property and honor of chastity; in this case the first two are non-existent but there is a defense of honor of chastity. How can a girl who is caught alone with several boys, in such a secluded area, be so concerned and sensitive about her honor and chastity?!"

After these misogynist remarks from the representative of the prosecutor’s office and another round of arguments from Nazanin’s defense, the judge adjourned the court.

In the end of the court session, the deceased’s family who during the session, had continued to jump and bounce around, insulting and complaining, attacked Nazanin’s family, inciting an altercation. The deceased’s screaming mother and sisters physically lunged at Nazanin and her mother. Then addressing Nazanin’s father, they continued to swear at him, saying: “You’re a spineless and dishonorable; if you had any honor, you would pull your daughter together”. They continued the insults and screaming in an attempt to provoke the Fatehi family but they were forced out of the court by disciplinary guards.