Mr. Shekhi who represents Shikoo Moarefi, currently on death row, said that his client is held in the
public ward of Saghez prison and added: “I have not received any official notice informing me that my client’s execution order will be carried out. Also, I have no knowledge of his transfer to solitary or quarantine section of the prison”.
In recent days news has been circulating regarding the imminent execution of Shirkoo Moarefi. The HRA sat down to talk with the defense lawyer, Mr. Sheiki, about the latest developments in Moarefi’s case.
Q- Can you explain about the case and the legal steps you have taken?
A-To answer your question, I can say that he was tried and sentenced to death on Moharebeh(enmity) charges in December 2008 after he was indicted by the revolutionary and criminal tribunal of Saghez. During the initial trial, he was represented by a court appointed lawyer, but I was asked to represent him ten days after the initial ruling. I went to Saghez to review the case file and meet with the prisoner. I discussed the content of the case file with Shirkoo Moarefi. When he recounted the circumstances of his arrest and detention I noticed that his side of sory differed from what was on the file and the indictment. Also an affidavit form Iraq’s labor Ministry confirmed that he was employed in Iraq and had only returned to Iran to be involved in what was called “the propaganda phase”. When he was confronted by IRGC forces in a village near Saghez he had put down his arm and surrendered himself voluntarily. The written testimony of 20 to 30 villagers who had witnessed his surrender can be found on the file.
Therefore, based on the regulations of the criminal legal procedures, we asked that the testimonies of witnesses be corroborated and investigated. Unfortunately the appeals court rejected our appeal and upheld the verdict. I then, filed a petition with the Supreme Court in March, 2009 and asked him to order a new trial. The appeal for a new trial has been referred to the 31 branch and I have not yet received any official response. Also, with the help of his court appointed lawyer who had represented Moarefi in his first trial, I filed the related application at the provincial registrant office asking the Parole Board to revoke the death penalty of my client.
Q- In the absence of public awareness there is a possibility that he will be executed, can you explain about the steps you have taken to stay the execution?
A-When it was announced that the execution could be carried out in the near future, I wrote to the honorable Prosecutor of Saghez to remind him that carrying out the execution order would be wrong, while an appeal has been filed with the Supreme Court and while his case is being reviewed by the parole board would. I also argued that if true, it would be unlawful to prepare the execution without officially notifying the defense lawyer. Apparently, after my explanations even if the initial news regarding his transfer to solitary in the quarantine section was true, he is now back in the public ward.
Q-Some internet sites have reported that Shikoo Moarefi’s father was taken to the hospital because of the psychological effects of hearing the news. Can you confirm this news?
A-I am not aware of any news regarding his father’s illness. Last Saturday, I prepared another petition based on article 18(2) of the law governing the procedures of Revolutionary and Common Courts and sent it to the head of the Judiciary via Moarefi’s family. Unfortunately until now the office of the head of the Judiciary has refused to receive the petition. The family lacks the legal understanding and it is not clear to me why the Judiciary has refused to receive the petition. I intend to go to Tehran shortly to follow up.
Q-Where is Moarefi being held now and what is his current status?
A-He is held in the public ward and his overall conditions are reportedly satisfactory. The verdict is final and can be carried out at any moment but I have not been notified officially that it will take place. Considering that once death penalty is carried out it cannot be revoked ,also in view of appeal filed before the Supreme Court and our request for parole which is being reviewed by the Parole board, it is my opinion that carrying out the verdict will be against the law and legal procedures.
The defense insists that the death penalty ruling is illegal because:
My client does not believe and have not been involved in armed struggle;
According to an affidavit by the Iraqi Labor Ministry my client was employed and worked for living while he lived in Iraq;
He voluntarily surrendered himself to the IRGC forces and several villagers who witnessed the incident have signed an affidavit confirming the voluntary surrender. The affidavit and the names and addresses of the witnesses are included in the case file.
Also the death penalty ruling in the case of my client is against the Law and Sharia since:
The evidence introduced in the initial indictment the appeal process, notably the report by intelligence and military authorities, included statistics and presumptions which should not have been considered in the presence of eyewitness testimony and evidence that contradicted them. This is a question of evidence versus presumption. Where there is eyewitness testimony and sufficient evidence,-in this case the official affidavit by a foreign government- no presumption shall be taken into consideration by court unless the evidence is proven to be forged or the testimonies were false.
And most importantly:
Article 189 of the Islamic Penal Law states that in Moharebeh cases, guilt shall be established based on the testimonies of two just men or the confession of the defendant. Article 59 of the legal procedures states that only confessions made before the ruling judge shall be taken into consideration by courts. According to the file, my client has made no such confession during the initial trial or the appeal hearing.
Based on the arguments listed above, I have asked the honorable head of the judiciary to use the legal power given to him and order a fair investigation or even personally plea with the Supreme Leader for a clemency. My client is an Iranian citizen, comes from a Muslim family and does not have prior criminal history. Therefore all legal procedures should be respected when it comes to a decision that concerns his fate. I hereby call on the honorable head of the judiciary to take into consideration this very important issue
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