Sunday 13 January 2013

Revealing Interview with Zanyar and Loghman’s Family

Persian2English – Family members of prisoners of conscience, Loghman and Zanyar Moradi are worried about the execution [sentences]. They say that the Friday Prayer Imam of the city of Marivan is aware that Zanyar and Loghman are not the murderers of his son, but the [death] sentence is in the Execution of Sentences Circuit, and can be carried out at any moment. After several months of arrest Zanyar and Loghman Moradi falsely confessed to the murder of the son of the Marivan Friday Prayer Imam. The confessions were extracted following nine months of continuous torture and threats of rape.

Hassan Paydar, Loghman and Zanyar Moradi’s lawyer told Rooz, “Even if the private complainant (i.e. the Imam) forgives his clients, it will have no impact on the sentence, because Zanyar and Loghman have also been accused [and convicted] of Moharebeh (Enmity with and waging war against God) and Acting against National Security. They have been sentenced to death based on these charges.”

Zanyar Moradi, Loghman Moradi, Majid Bakhtiari, and Hajir Ebrahimi were arrested in July 2009 for [allegedly] taking part in the assassination of Saadi, the son of the Marivan Friday Prayer Imam. They were also accused of “Espionage for the UK government”.

Press TV, the Islamic Republic International News Agency quoted the Ministry of Intelligence: “Terrorists” with ties to the UK government were arrested in the city of Marivan (in western Iran, province of Kurdistan). Based on the [Regime’s] report, those arrested had committed five assassinations in the previous two years. The report claimed that weapons and evidence allegedly obtained from the four individuals prove their ties with members of the *Komele party in Kurdistan. Komele has since issued a statement and denied any ties to [Zanyar and Loghman Moradi].

Following the news, Press TV aired a video of [Zanyar and Loghman’s] confessions. In the video, several people, including Zanyar and Loghman Moradi, are shown in Mamousta Mostafa Shirazi, the Friday Prayer Imam’s home confessing to the murder of his son.

Zanyar and Loghman’s family had told Rooz in an earlier interview that the confessions were false and their children were forced to make them under duress. A while later Zanyar and Loghman Moradi wrote an open letter from prison addressing the people, stating that their confessions were extracted under torture and that the interrogators threatened them with rape.

Now, [more than three years] after Zanyar and Loghman Moradi’s arrests, and while they’re held in Rajai Shahr Prison (located in Karaj, near Tehran), the death sentences were upheld by the Supreme Court and sent to the Execution of Sentences Circuit.
Marivan Friday Prayer Imam was summoned to Tehran

Eghbal Moradi, Zanyar Moradi’s father told Rooz: “We were informed that the Friday Prayer Imam was summoned to Tehran by the Ministry of Intelligence. I see no reason or motive for this summon except for the possibility that the execution sentences for Zanyar and Loghman are imminent. As a result, we are gravely concerned. On the other hand, on Saturday [Iranian authorities] took Zanyar and Loghman to one of the Supreme Judicial Council officials. We do not know the reason behind the meeting or what was said. We have had no news on Zanyar and Loghman.”

Osman Moradi, Loghman’s father told Rooz: “We have no information about the status and condition of Loghman and Zanyar. We have only heard that the [death] sentences are supposed to be carried out. On the other hand, we hear that the Friday Imam has gone to Tehran. Being in a situation where there is a media blackout, we are worried that one day we will open our eyes and hear the news of our children’s executions even though they’re innocent.

I asked Zanyar and Loghman’s fathers whether they have ever met with the [Friday Prayer] Imam. Zanyar’s father said: “I live in Iraq, and for political reasons I cannot return to Iran. However, Loghman’s father along with elders and some of the region’s credible figures have visited the Imam. He is aware that our children are not the murderers of his son and that the Ministry of Intelligence is sacrificing our children to cover up the crime its own agents had committed.”

Loghman’s father explained, “We have heard from different sources that the Friday Prayer Imam said that he is not the ‘plaintiff’ against our children [and he is not pressing charges], and that he knows our children are not the murderers of his son. I went to visit him a few times along with other people and told him that my son is innocent. The day the [assassination] occurred my son was not in Marivan. I told him: “If you want to punish the murderer of your son, you are making a mistake because my son is not the murderer of your son.” He then asked me why [Zanyar and Loghman] accepted responsibility for the murder? I replied they were forced under torture to do so. For nine months, nobody had any news on them, and they were forced to make false confessions under torture and duress. [The Friday Prayer Imam] responded, “God willing, everything will be fine.”

I asked Zanyar and Logman Moradi’s family about follow-ups made by lawyers, and whether a request for retrial was made. Loghman’s father said: “The lawyer could not do anything. We have never [actually seen] the sentence to take any legal measures. The lawyer has not seen the case file or the sentence. When I went to see [the lawyer] several times, he asked me whether I had any news on {Zanyar and Loghman].

Loghman’s father added: “I have visited lawyers in Sanandaj and Tehran, but they refused to take up the case and said that when the [assigned] lawyer is unable to do anything, then [we] cannot either. When lawyers like Mr. Sharif agreed to take on the case, Judge Salavati did not accept the letters permitting them to represent the defendants. As a result, they could not do anything.

Hassan Paydar, Zanyar and Loghman Moradi’s lawyer explained to Rooz: “I have had no news since the day the sentence was upheld by the Supreme Court and sent to the Execution of Sentences Circuit. The date of the execution is not determined– it could be tomorrow or in a month.”

I asked Mr. Paydar: “That means you have not made any attempts to follow up with the case during this time? For example, request for a retrial (also known as Section 18) or exploring other legal avenues?

He replied: “When the preliminary sentence was issued by branch 15 of the Revolutionary Court, we appealed [the ruling]. Since then we have never seen the sentences or the court decisions. None of the court decisions were sent to us. How are we supposed to request a retrial without any court decision in our possession? Such requests are made based on the content of the court’s decision. Unfortunately, I have never received any of the rulings.”

I asked him whether the execution sentences could be halted if the Marivan Friday Prayer Imam recants his complaint. Mr. Paydar replied: “In this case, the private aspect is not as strong as the public aspect. In Qesas (an-eye-for-an-eye, retribution) cases, it is the victim’s family who insists on the sentence to be carried out or gives consent to halt the sentence. However, in this case, Zanyar and Loghman have been charged with Moharebeh (waging war against God) and Acting against National Security, and they were sentenced to death based on these two charges. According to [Iran’s Islamic Penal] code, execution is different from Qesas. In the former, the private plaintiff’s consent or lack thereof has no bearing on the sentence. However, it is possible that a pardon by the complainant may lead to a reduction in the sentence or a review of the case by the Judge. But, [a pardon] has no impact on whether the sentence will be carried out or not.

Zanyar’s father explained that in the court Judge Salavati did not allow Zanyar and Loghman to provide a defense. When their lawyer stated, in their defense, that the case has no political aspect and is a murder case, because those killed were not political officials, Judge Salavati rejected his argument and did not allow him to continue the defense. Finally, based on the consensus of Judge Salavati and the Ministry of Intelligence, the case was turned into a political-security case. They accused our children of “Enmity with and fighting against God (Moharebeh)”.
Latest news on the condition of Loghman and Zanayr Moradi in Rajai Shahr Prison

Loghman Moradi’s father informs Rooz of Loghman’s latest condition: “We went to Karaj a month ago, and they allowed us a 20-minute cubicle visit. His general condition was good. He was in high spirits and insisted on his innocence. He said that one of the magistrates from the Supreme Court had visited the prison and asked him, “How come you have not been executed yet?” Loghman replied to him, “I am innocent, and I have not committed any crime.” I am not an educated man, and I already explained to you the challenges faced by the lawyer. I don’t know what else to do. What can we do? I just ask you, the media, human rights activists, and international organizations to not allow our children to be executed. My son was not even in Marivan when the son of the Friday Prayer Imam was murdered. He was in another city. After the murder, [Loghman] was working in Marivan for 40 days before he was suddenly arrested and accused of the murder. My son had a political case before. They had accused him of ties with opposition groups and had sentenced him to one year in prison. He had been released on bail. They arrested him again and leveled such heavy and serious charges against him. I implore you to defend my son. Do not let our innocent children be executed.”

Zanyar Moradi’s father describes his son’s condition: “Zanyar has been in jail for three and a half years, and we have not visited him during this time because we live in Iraq. We cannot go to Iran for political reasons. Zanyar has nobody to visit him. There is nothing we can do now but to ask for help from human rights organizations, international bodies, and the media in order to stop the execution of our children. Our children are innocent. Don’t let them be executed.”

*A Kurdish opposition party that was engaged in armed activities against the Islamic Republic in 1980s.




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