The arrest and trial of Hamid Nouri and Asadollah Asadi is a violation of international law
A meeting to review the issue of "Arrest and trial of Iranian citizens in Western countries, focusing on the case of Hamid Nouri, an Iranian citizen detained in Sweden, as well as Asadullah Asadi, an Iranian diplomat who recently returned to our country after being detained in Belgium for about 5 years", in the news agency. The amount was held.
This meeting was held with the presence of Haibatullah Najhandi Menesh, Hamid Nouri's family legal advisor and professor of international law at Allameh Tabatabai University and Momeni Rad, professor of international law at Tehran University.
Asadi's arrest and trial was a violation of diplomatic rights
Najhandi Menesh, pointing out that in the trial of Mr. Nouri and Asadi, these are two completely different issues, said: In the case of Mr. Asadi, the issue of arrest and trial of an official Iranian diplomat, who was on a diplomatic mission, is discussed. And regardless of human rights violations, this act is a violation of diplomatic rights and international laws.
He stated that the second case is related to Hamid Nouri, which is somehow more severe than the case of Mr. Esadi, because he has not had any employment relationship with the government since the 70s and was not an official government employee, he stated: the accusations regarding Hamid Nouri raised accusations that should be examined in a general context; We have to check whether there really was a violation of the fair trial as claimed by the Swedish prosecutor; So we have to check the facts; When we examine the cases alleged by the Swedish prosecutor, especially from August 1967 to Mehr, we see that there was no trial that wanted to be fair or unfair.
The amnesty committee or boards were from the amnesty dimension
The Nouri family's legal advisor continued: In every legal system you enter, there are some friendly institutions; Institutions that are in favor of the accused or convicted, and in this case, since the beginning of the revolution, there have been some committees or amnesty boards, and these amnesty boards are separate from the category of official amnesty that exists in every legal system, and this is so-called for members of gangs. and if we want to express it in today's or European language, those who engaged in terrorist activities; Therefore, these amnesty committees existed in different years, and their job was to ask the convicts questions, not to judge them, (sentences have already been issued) and these people were supposed to be given a favor and given a chance; This was not a trial and this action was only from the perspective of friendship.
This international law expert said: This issue is one of the very humane aspects of the legal system of the Islamic Revolution and the Islamic Raft, which is discussed in such cases. Therefore, the events alleged in the indictment are also evaluated from a legal point of view, and in our opinion, there was no trial and no trial on the dates claimed by the Swedish prosecutor, and the discussion of fair trial does not apply in these cases because no trial took place.
He emphasized: With this description of the incident, there is no crime against Hamid Nouri to say that he was arrested, detained and tried because of it.
Violation of the principle of innocence by Sweden
"Najandi Menesh" continued: Another important point is that in every legal system there is an important principle called "Principle of Innocence" based on which it is assumed that every citizen is innocent and if someone is supposed to be guilty and or found guilty must be based on evidence in a competent court and based on legal processes.
He stated that when we look at Mr. Nouri's document, which is about 10,000 pages long, we do not see anywhere in this case that the Swedish prosecutor has conducted an investigation, he said: When a person as a plaintiff presents cases to the prosecutor, the prosecutor It prepares an indictment or statement of claim, and the statement of claim means that things are merely alleged and to prove them, there must be enough evidence to prove these accusations "without any reasonable doubt", but none of these can be seen in Hamid Nouri's case. And even the Swedish prosecutor has not checked the truth of some of the claims made.
According to this international law expert, the hypocrites were in Iraq for many years, but the Swedish prosecutor did not conduct an investigation in Iraq either, and therefore the prosecutor raised the same allegations in the court, and the court did so without verifying a legal form. has given alleged cases and has issued a so-called preliminary ruling against it.
Najandi Manesh added: With these explanations, it should be said that behind this apparently legal case lies a complex political reality, and perhaps the interpretation of hostage-taking is a more accurate interpretation in this regard.
Hamid Nouri's family's legal advisor continued: The prosecutor has no solid evidence for the events that date back more than 3 decades. There has been a case similar to this one in The Hague, Netherlands, which goes back to 6 Afghan commanders, and in this case, 4 of the defendants have been acquitted, because the prosecutor and in fact the court of The Hague, the Netherlands, announced that these events were related to 1988 in Kabul and The court could not find a solid reason for them; This lack of evidence should end in favor of the accused and therefore 4 people were acquitted in this case.
The story of the statements of Iraj Masadaghi and Kaveh Mousavi
"Najandi Menesh", emphasized: this is trapping Mr. Nouri; According to a case in 2008 or 2009 at a meeting in Oxford University where "Iraj Masadaghi" talks with "Kaveh Mousavi" and it is discussed that if somehow one of the people who was involved in the issues of 1967 in Iran became one of If European countries are brought, some measures can be taken, "Kaveh Musa" also addresses Masadaghi and says, "Bringing such a person with you and arranging the rest of the legal measures with me."
According to him, exactly the same thing happens to Mr. Nouri; Although this event is rejected by "Madaqi", the newspaper "Washington Post" presents this event in detail; Therefore, it has become a political game to achieve a series of legal goals.
This international law expert believes that the same thing happened to Asadollah Asadi. It is an American method characterized by a detailed and multi-layered program; Therefore, this is more of an abuse of the courts and proceedings to get political benefits and privileges.
Pre-designed scenarios for arresting Iranian citizens
"Momini Rad", professor of international law, also stated in the continuation of this meeting: Before focusing on these 2 cases, it should be said that they have different dimensions, but both have complex scenarios; Scenarios designed in advance so that the perpetrators achieve their goals.
He stated: We want to talk about legal aspects, but in the world we live in now, rights, human rights and international law are intertwined with politics, and we cannot say that we have legal issues without having a connection to the issues. They should know that this is a general matter, but in the case of Iran after the victory of the Islamic Revolution, this matter is doubled.
This international law expert continued: The words of the Islamic revolution did not appeal to the taste of the great powers and it does not at present, and this has caused us to face a full-scale combined war, a part of which is a legal war. ; Rights are used as a tool of war, sometimes military, sometimes social, sometimes political, sometimes cultural, and sometimes legal, and they use rights, human rights, and international law as tools, and in this way, they enter to achieve their goals; Also, rights as a tool of war; They use human rights and international law against Iran, create scenarios and implement the scenarios.
"Mominirad" stated: The phenomenon we are facing now in the world is the phenomenon of inversion, we see in the documents that human rights are written very well and with good words and put in the showcase, but we see in practice that there is a kind of inversion. Also, in some parts of the world, we are faced with the dominance of politics, power and wealth, and these determine what terrorism is, for example; According to them, any action that they do not like is terrorism and a terrorist act, although they do not say so on the surface. It is on this basis that groups like Lebanon's Hezbollah and Hashd al-Shaabi, which are at the forefront of the fight against terrorism, are now being introduced as "terrorism".
The arrest of Asadullah Asadi was against international law
He pointed out that there was a specific design so that our diplomats in Europe and some countries would not feel safe, so they planned to arrest Asadullah Asadi, adding: a scenario that was prepared in various intelligence agencies such as Mossad and CIA. Asadi was arrested on the way back from his mission and this arrest had no justification from the point of view of international law.
This professor of international law emphasized: The 1961 Vienna Convention very clearly states that every diplomat in another country has immunity, but in such actions, the basis is an "illusory assumption" and basically America and Europeans have an "illusory assumption". put forward and act based on it. In order for an accusation to be considered a crime, it must be proven in a competent court; If the issue is domestic, it must be proven in a domestic court, and if the issue is international, it must be proven in an international institution. With such "illusory assumptions" they cancel the immunity of our government, institutions and officials and proceed to issue judgments.
He continued: Before examining the accusations against Asadullah Asadi, we must raise the question whether Iran benefits from harming the meeting of the hypocrites. This group has a history of assassinating 17,000 Iranians, and has been organizing such meetings for years, receiving support from the West, taking money and doing business with these meetings, and living with such actions and propaganda and oppression. Instead of dealing with the terrorist actions of this group, the West supports them. The hypocrites have committed all kinds of collective and individual terror and have targeted people from infants to the elderly, but now they make our diplomats look like "terrorists" and support these people.
"Mominirad" added: from the point of view of international law, it is illegal to shelter a terrorist whose terrorist acts have been proven. Also, according to the documents related to asylum and the sentence given by the Hague Court, a person who has been proven to have committed murder and attempted to assassinate a number of people, a country should not give shelter to such a person, but European countries have exactly committed a violation of international law. and have not only sheltered these people but also provide them with financial support and provide them with media and advertising tools.
He continued: Westerners allow these people to enter the European parliaments and talk with the authorities and receive their support. Iran does not need to act, for example, at a meeting of the terrorist group of the hypocrites. It is clear that these scenarios are pre-planned to make our diplomats feel insecure in these countries and to make it appear to the world that Iranian diplomats are doing some kind of "terrorist actions".
The court where the hypocrites are complaining!
In another part, this professor of international law said: Regarding the case of Hamid Nouri, the question should be raised, to what extent was he related to the issues that they claim? Hamid Nouri was deceived and arrested with a predetermined plan, the scenario was predetermined, and they tried him in a show court; The court where the hypocrites complain, the hypocrites whose hands are stained with the blood of 17,000 Iranians and who should be tried themselves, complain in this court; This is where we face the inversion phenomenon.
He emphasized: Both the issue of the arrest of Asadullah Asadi and the deception and arrest of Hamid Nouri were pre-planned scenarios. With the release of Asadollah Asadi, we have once again shown that what they are trying to achieve is ultimately worthless. They have also raised accusations against Hamid Nouri in the court, none of which have been proven, and his arrest, detention, imprisonment and trial are illegal.
"Mominirad" stated: the arguments of international law that the other side has put forward to accuse Asadi and Nouri are completely invalidated by emphasizing international law; They claim that according to Article 53 of the 1961 Vienna Convention, the immunity of a diplomat who commits a terrorist act will be revoked, but the question is, how is this terrorist act proven? The basis here is the same "false assumption" that has never been proven.
He continued: The arguments they raised about Asadullah Asadi, for example, that he was on vacation and therefore did not have judicial immunity, are very strange and ridiculous. The fact that Asadi was on vacation does not affect his status as a diplomat from the legal point of view.
This international law expert stated that Germany, Belgium, Austria and France coordinated with each other in this scenario, while the original accusation about Asadullah Asadi is questionable, and said: These cases show that we are in a combined war. Ayar is with the West, and this is only one of the scenarios that are proposed against us, and Iran is also justified, legal and based on human rights and international law documents.L answers them.
Who invited Hamid Nouri to travel to Sweden?
In another part of the meeting, Najhandi Menesh, the legal advisor of Hamid Nouri's family, pointed out that there have been various talks about Mr. Hamid Nouri going to Sweden, but if you hear the interrogations of many people in Mr. Nouri's case and look at the court documents You will see that no invitation has been made by any person from Mr. Nouri, he said: only one person named "Harsh Sadegh Ayyubi" who was the son-in-law of Mr. Nouri's friend because of one issue and personal revenge and on the other hand because of promises which was probably given to him by his enemies, he invited Hamid Nouri. Hamid Nouri is being wronged here because they raise arguments about him, and in fact, there was no discussion of inviting him from any other person.
He stated that there are some serious issues in terms of human rights that have destroyed the defense conditions for Hamid Nouri. First, the issue of communication with his family, where face-to-face meetings were interrupted for a while, and telephone calls were interrupted for almost a year, and recently, after a year, Mr. Nouri was able to contact his family. Is; Because this is a special case and it goes back to Iran's legal system and it is about events that happened in Iran, so the Swedish lawyer is not very familiar with it and this is a natural thing and the Iranian lawyer should be next to the Swedish lawyer and in communication with his client. able to present the cases to the Swedish lawyer, but despite this, the visits are interrupted and only a few meetings were allowed at first and the visits were stopped again.
"Najandi Manesh" stated: The third problem is Hamid Nouri's lack of access to the documents and materials of the case; The client must have access to the file and be able to read the file in order to know the protocols that the prosecutor adds to the file, the new documents and words that are added to the file, and to get ideas and discuss them with his lawyers.
According to him, the Swedish party tore some papers, notes and screenshots that Hamid Nouri had taken from about 10,000 files and took the "iPad" from him.
The story of "iPad" in Swedish prison
The legal advisor of Hamid Nouri's family also explained: It may be raised that the prison has provided Hamid Nouri with good facilities such as an iPad, but it must be said that it is not possible to have paper, and therefore an iPad is given to all detainees. They give access to some files such as documents in a controlled and limited manner. Nevertheless, they took the same "iPad" from Hamid Nouri.
"Najandi Manesh" Hamchamim said: The next objection is about the arrest itself; This length of time alone is unprecedented in Sweden and is considered a record. We are not saying this, but Hamid Nouri's lawyer, who was once the Minister of Justice of Sweden, says this and calls it a stain on Sweden's judicial history, and all these conditions make defense difficult for Hamid Nouri.
The presence of a Swedish officer of Iranian origin during the case; Who is Omid Farhand?
The legal advisor of the Nouri family stated that what was discovered recently is that one night before the 11th session of the Court of Appeal, Swedish TV Channel 4 broadcasts a documentary, and in that documentary, for the first time, a Swedish police officer who is of Iranian origin is exposed. Kand, who has been involved in the preliminary investigation since the beginning, said: This is a surprise for the lawyers, because the lawyers must be informed about all the events that happen in the investigation process and, for example, they must know who the Nouri interrogators are. Who are the translators, what meetings are held and what is said in these meetings, but if there is a meeting that lawyers cannot attend due to security reasons, the minutes of the meeting must be provided to the lawyers.
According to him, Hamid Nouri's lawyers, after the trial court and 11 sessions of the appeals court, suddenly realized that there was a person in the course of the case and investigation from the beginning that they were unaware of, and that this person was conducting a "secret and parallel" investigation. have given.
Najhandi Manesh added: This police officer named "Omid Farhand" whose uncle was allegedly executed in Iran in the 60s; This person was present as a translator in the case and even translated some of the documents presented by Shekat, in the event that this action should be done by an official translator and an impartial person, but this person, on the other hand, because he is Iranian And on the other hand, because of the death claim that he raises, he is somehow a beneficiary in the case and can give a personal aspect to the case and abuse his position and authority for the benefit of people with whom he feels he is "sympathetic".
The Nouri family's legal advisor continued: Another action of this person was to interrogate him and he even interrogated "Masadaghi" and several other people about this person's complaints. It is interesting that in some cases he was present as a deputy interrogator and was not allowed to speak in Farsi, but before the main interrogator began to speak, he spoke in Farsi with witnesses and suspects, and this is against the interrogation protocols. Because the court is held in Sweden, if a case is raised in Persian, it must be translated into Swedish, but these parts have never been translated and it is not clear what this person told the interrogators.
He added: Another point is in the selection of documents for the court; For example, if an individual's memories were to be presented to the prosecutor as evidence, this person would select a part of the memories and present them for translation and inclusion in the case, but the continuation of memories that raise contradictions would not be translated and presented to the prosecutor; This is why when you look at the case of Hamid Nouri, the cases that exist are "incriminating" and none of the cases that benefit Mr. Nouri are seen in the case; Therefore, abusing the position, aspects or personal motives and violating the principle of "equality of arms" (in the procedural code, it means that the accused and his lawyers should have the same facilities, tools and situations that the prosecutor has). , There is.
"Najandi Manesh" says: Hamid Nouri's lawyers have raised this serious objection to the investigation and investigation process that if this police officer was involved in the investigation from the beginning and the prosecutor was also aware, why did he tell the previous lawyers and the trial court about this The matter has not been notified? If informed, then its documentation should be provided. If the prosecutor was not informed, this is an example of abuse of fair proceedings.
He emphasized: The issue of abuse of fair trial is raised both in the internal laws of Sweden, in the "Common Law" laws of England and America, and even in countries such as Germany and France, and even in the framework of the European Court of Human Rights. The effect of an abuse of due process is that the indictment, without being heard on its merits, must be dismissed in its entirety and the proceedings stopped at that stage.
This legal consultant said: Hamid Nouri's lawyers, in the petition they filed on June 19, while raising questions that the prosecutor must answer, have clearly expressed their desire that the appeals court at this stage It should stop the proceedings, not enter into the continuation of substantive discussions and reject the indictment altogether. Maybe this is the only way to compensate for the material losses that Hamid Nouri has suffered so far.
"Najandi Menesh" stated that Hamid Nouri did not know that the said policeman was a part of the interrogation and investigation team and thought that this person was an Iranian who came and helped him. He has only abused in solitary confinement in a foreign country, while according to Swedish police protocol, interrogation is a very specific process, firstly, the interrogators must be known, all interrogations must be recorded, there must be no informal matters. and if an action is to be taken secretly, it must be done with the approval of the prosecutor and the consent or information of the accused and the lawyers, at least until now Hamid Nouri's lawyers stated that they had no knowledge of this matter.
He also added: "Naturally, the police is present in the investigation process, but which police?" A policeman who knows the name of the person in question from the beginning and has informed both sides of the case. In addition, all conversations and meetings with the accused are recorded and approved by both parties, but as the Swedish lawyers of Hamid Nouri have stated, there was no such process regarding this Swedish police officer.
The legal advisor of the Nouri family emphasized that the solitary confinement of Hamid Nouri is a clear example of torture and said: One of the reporters of the Convention against Torture in 2014 said that detaining a person in solitary confinement for more than 2 weeks is an example of torture. In the 11th session of the Court of Appeal, Hamid Nouri's lawyer Thomas Bodström told the prosecutor that "Ms. Prosecutor, you are referring to the Convention against Torture, while Mr. Nouri himself is a victim of torture, and this is a violation of the Convention against Torture by Sweden." goes."
Long-term solitary confinement in a Swedish prison
In another part of the meeting, "Momini Rad" also stated that there are indications, evidences and reasons that this is a scenario with a complex design, and stated: Look at the laws of Sweden, to what extent is solitary confinement? They claim a lot, but now they are acting against these claims. When a process is politicized and the design is done in advance, one must witness numerous cases of violations.
He pointed out that the arrest and imprisonment of Hamid Nouri, the conditions of imprisonment, interrogations, bringing the case forward, the witnesses of the case, which the witness himself must have characteristics, if examined, it will be clear that these people are qualified to appear in court.They do not have witnesses, he said: this process has been dominated by politics and conspiracy design since the beginning. All violations that occurred in the case must be listed (under Swedish law and the European Convention on Human Rights). This case has many dimensions that Iran should use to assert its rights.
The professor of international law also pointed to the issue of how prisoners are treated by these countries and the human rights claims they raise and said: This is the issue of double standards. If a fair review is done, these actions are examples of double standards. There are two completely different actions and opinions about a single issue.
According to him, consider America; This country claims to defend human rights; It is enough to review the state of the prisons under the control of this country, such as "Guantanamo" and "Abu Ghraib" and even the internal prisons and detention centers of this country; See what tragedies this country has wrought in prisons only from the cases that have been leaked despite the extensive concealment. Consider the behavior of the police in this country with minorities such as blacks and natives; What is happening shows that the claim of defending human rights is only in the field of opinion and authority, and other things are happening in practice, and this is the double standard. On the other hand, consider Iran's treatment of detained citizens of these countries; The difference is very obvious.
Hamid Nouri's family met with a member of Amnesty International in a cafe!
"Najandi Menesh", in another part of the meeting to review the arrest cases of Hamid Nouri and Asadollah Asadi, said: One of the things that should have been done for Mr. Nouri was that he should work with non-governmental organizations and human rights institutions of the United Nations, such as the Council We corresponded with Human Rights, the Commission for the Prohibition of Torture, Amnesty International and Human Rights Watch, but we did not receive a response after the correspondence.
He pointed out that finally the Amnesty International office in Sweden answered us and a person from this office said that he is ready to meet Mr. Noori's family for a very short time and for a few minutes outside the official office of Amnesty International. to meet in Sweden, he added: This meeting lasted 20 minutes at most and we went to a coffee shop whose address was specified by the mentioned person. When we reached the meeting place, the said person said that this is not a suitable place and that we should go to the lower floor. In this meeting, Hamid Nouri's family spoke about numerous cases of human rights violations against him and raised issues such as preventing contact and meeting. This person also heard and wrote down these things during the meeting and was supposed to inform us what he can do; This meeting took place about 2 years ago, but until this moment we have not been given any information so that we know what action Amnesty International is taking in this regard.
The opinion of 2 experts about international organizations
The legal advisor of the Nouri family said: International NGO organizations are under the influence of the same hegemony and it seems that they have a mission to open their ears to one side and remain closed to the other side, and this is an issue that is more annoying than the issue of human rights violations. Is.
"Momini Rad", professor of international law, also emphasized: these institutions claim to be neutral and an international institution of the people and defend justice and do not get any influence from any power or country, but when these cases This happens and it becomes clear that these claims are only the appearance of the matter.
Monday 2023/06/26 | 18:29:09
160
The arrest and trial of Hamid Nouri and Asadollah Asadi is a violation of international law
A meeting to review the issue of "Arrest and trial of Iranian citizens in Western countries, focusing on the case of Hamid Nouri, an Iranian citizen detained in Sweden, as well as Asadullah Asadi, an Iranian diplomat who recently returned to our country after being detained in Belgium for about 5 years", in the news agency. The amount was held.
This meeting was held with the presence of Haibatullah Najhandi Menesh, Hamid Nouri's family legal advisor and professor of international law at Allameh Tabatabai University and Momeni Rad, professor of international law at Tehran University.
Asadi's arrest and trial was a violation of diplomatic rights
Najhandi Menesh, pointing out that in the trial of Mr. Nouri and Asadi, these are two completely different issues, said: In the case of Mr. Asadi, the issue of arrest and trial of an official Iranian diplomat, who was on a diplomatic mission, is discussed. And regardless of human rights violations, this act is a violation of diplomatic rights and international laws.
He stated that the second case is related to Hamid Nouri, which is somehow more severe than the case of Mr. Esadi, because he has not had any employment relationship with the government since the 70s and was not an official government employee, he stated: the accusations regarding Hamid Nouri raised accusations that should be examined in a general context; We have to check whether there really was a violation of the fair trial as claimed by the Swedish prosecutor; So we have to check the facts; When we examine the cases alleged by the Swedish prosecutor, especially from August 1967 to Mehr, we see that there was no trial that wanted to be fair or unfair.
The amnesty committee or boards were from the amnesty dimension
The Nouri family's legal advisor continued: In every legal system you enter, there are some friendly institutions; Institutions that are in favor of the accused or convicted, and in this case, since the beginning of the revolution, there have been some committees or amnesty boards, and these amnesty boards are separate from the category of official amnesty that exists in every legal system, and this is so-called for members of gangs. and if we want to express it in today's or European language, those who engaged in terrorist activities; Therefore, these amnesty committees existed in different years, and their job was to ask the convicts questions, not to judge them, (sentences have already been issued) and these people were supposed to be given a favor and given a chance; This was not a trial and this action was only from the perspective of friendship.
This international law expert said: This issue is one of the very humane aspects of the legal system of the Islamic Revolution and the Islamic Raft, which is discussed in such cases. Therefore, the events alleged in the indictment are also evaluated from a legal point of view, and in our opinion, there was no trial and no trial on the dates claimed by the Swedish prosecutor, and the discussion of fair trial does not apply in these cases because no trial took place.
He emphasized: With this description of the incident, there is no crime against Hamid Nouri to say that he was arrested, detained and tried because of it.
Violation of the principle of innocence by Sweden
"Najandi Menesh" continued: Another important point is that in every legal system there is an important principle called "Principle of Innocence" based on which it is assumed that every citizen is innocent and if someone is supposed to be guilty and or found guilty must be based on evidence in a competent court and based on legal processes.
He stated that when we look at Mr. Nouri's document, which is about 10,000 pages long, we do not see anywhere in this case that the Swedish prosecutor has conducted an investigation, he said: When a person as a plaintiff presents cases to the prosecutor, the prosecutor It prepares an indictment or statement of claim, and the statement of claim means that things are merely alleged and to prove them, there must be enough evidence to prove these accusations "without any reasonable doubt", but none of these can be seen in Hamid Nouri's case. And even the Swedish prosecutor has not checked the truth of some of the claims made.
According to this international law expert, the hypocrites were in Iraq for many years, but the Swedish prosecutor did not conduct an investigation in Iraq either, and therefore the prosecutor raised the same allegations in the court, and the court did so without verifying a legal form. has given alleged cases and has issued a so-called preliminary ruling against it.
Najandi Manesh added: With these explanations, it should be said that behind this apparently legal case lies a complex political reality, and perhaps the interpretation of hostage-taking is a more accurate interpretation in this regard.
Hamid Nouri's family's legal advisor continued: The prosecutor has no solid evidence for the events that date back more than 3 decades. There has been a case similar to this one in The Hague, Netherlands, which goes back to 6 Afghan commanders, and in this case, 4 of the defendants have been acquitted, because the prosecutor and in fact the court of The Hague, the Netherlands, announced that these events were related to 1988 in Kabul and The court could not find a solid reason for them; This lack of evidence should end in favor of the accused and therefore 4 people were acquitted in this case.
The story of the statements of Iraj Masadaghi and Kaveh Mousavi
"Najandi Menesh", emphasized: this is trapping Mr. Nouri; According to a case in 2008 or 2009 at a meeting in Oxford University where "Iraj Masadaghi" talks with "Kaveh Mousavi" and it is discussed that if somehow one of the people who was involved in the issues of 1967 in Iran became one of If European countries are brought, some measures can be taken, "Kaveh Musa" also addresses Masadaghi and says, "Bringing such a person with you and arranging the rest of the legal measures with me."
According to him, exactly the same thing happens to Mr. Nouri; Although this event is rejected by "Madaqi", the newspaper "Washington Post" presents this event in detail; Therefore, it has become a political game to achieve a series of legal goals.
This international law expert believes that the same thing happened to Asadollah Asadi. It is an American method characterized by a detailed and multi-layered program; Therefore, this is more of an abuse of the courts and proceedings to get political benefits and privileges.
Pre-designed scenarios for arresting Iranian citizens
"Momini Rad", professor of international law, also stated in the continuation of this meeting: Before focusing on these 2 cases, it should be said that they have different dimensions, but both have complex scenarios; Scenarios designed in advance so that the perpetrators achieve their goals.
He stated: We want to talk about legal aspects, but in the world we live in now, rights, human rights and international law are intertwined with politics, and we cannot say that we have legal issues without having a connection to the issues. They should know that this is a general matter, but in the case of Iran after the victory of the Islamic Revolution, this matter is doubled.
This international law expert continued: The words of the Islamic revolution did not appeal to the taste of the great powers and it does not at present, and this has caused us to face a full-scale combined war, a part of which is a legal war. ; Rights are used as a tool of war, sometimes military, sometimes social, sometimes political, sometimes cultural, and sometimes legal, and they use rights, human rights, and international law as tools, and in this way, they enter to achieve their goals; Also, rights as a tool of war; They use human rights and international law against Iran, create scenarios and implement the scenarios.
"Mominirad" stated: The phenomenon we are facing now in the world is the phenomenon of inversion, we see in the documents that human rights are written very well and with good words and put in the showcase, but we see in practice that there is a kind of inversion. Also, in some parts of the world, we are faced with the dominance of politics, power and wealth, and these determine what terrorism is, for example; According to them, any action that they do not like is terrorism and a terrorist act, although they do not say so on the surface. It is on this basis that groups like Lebanon's Hezbollah and Hashd al-Shaabi, which are at the forefront of the fight against terrorism, are now being introduced as "terrorism".
The arrest of Asadullah Asadi was against international law
He pointed out that there was a specific design so that our diplomats in Europe and some countries would not feel safe, so they planned to arrest Asadullah Asadi, adding: a scenario that was prepared in various intelligence agencies such as Mossad and CIA. Asadi was arrested on the way back from his mission and this arrest had no justification from the point of view of international law.
This professor of international law emphasized: The 1961 Vienna Convention very clearly states that every diplomat in another country has immunity, but in such actions, the basis is an "illusory assumption" and basically America and Europeans have an "illusory assumption". put forward and act based on it. In order for an accusation to be considered a crime, it must be proven in a competent court; If the issue is domestic, it must be proven in a domestic court, and if the issue is international, it must be proven in an international institution. With such "illusory assumptions" they cancel the immunity of our government, institutions and officials and proceed to issue judgments.
He continued: Before examining the accusations against Asadullah Asadi, we must raise the question whether Iran benefits from harming the meeting of the hypocrites. This group has a history of assassinating 17,000 Iranians, and has been organizing such meetings for years, receiving support from the West, taking money and doing business with these meetings, and living with such actions and propaganda and oppression. Instead of dealing with the terrorist actions of this group, the West supports them. The hypocrites have committed all kinds of collective and individual terror and have targeted people from infants to the elderly, but now they make our diplomats look like "terrorists" and support these people.
"Mominirad" added: from the point of view of international law, it is illegal to shelter a terrorist whose terrorist acts have been proven. Also, according to the documents related to asylum and the sentence given by the Hague Court, a person who has been proven to have committed murder and attempted to assassinate a number of people, a country should not give shelter to such a person, but European countries have exactly committed a violation of international law. and have not only sheltered these people but also provide them with financial support and provide them with media and advertising tools.
He continued: Westerners allow these people to enter the European parliaments and talk with the authorities and receive their support. Iran does not need to act, for example, at a meeting of the terrorist group of the hypocrites. It is clear that these scenarios are pre-planned to make our diplomats feel insecure in these countries and to make it appear to the world that Iranian diplomats are doing some kind of "terrorist actions".
The court where the hypocrites are complaining!
In another part, this professor of international law said: Regarding the case of Hamid Nouri, the question should be raised, to what extent was he related to the issues that they claim? Hamid Nouri was deceived and arrested with a predetermined plan, the scenario was predetermined, and they tried him in a show court; The court where the hypocrites complain, the hypocrites whose hands are stained with the blood of 17,000 Iranians and who should be tried themselves, complain in this court; This is where we face the inversion phenomenon.
He emphasized: Both the issue of the arrest of Asadullah Asadi and the deception and arrest of Hamid Nouri were pre-planned scenarios. With the release of Asadollah Asadi, we have once again shown that what they are trying to achieve is ultimately worthless. They have also raised accusations against Hamid Nouri in the court, none of which have been proven, and his arrest, detention, imprisonment and trial are illegal.
"Mominirad" stated: the arguments of international law that the other side has put forward to accuse Asadi and Nouri are completely invalidated by emphasizing international law; They claim that according to Article 53 of the 1961 Vienna Convention, the immunity of a diplomat who commits a terrorist act will be revoked, but the question is, how is this terrorist act proven? The basis here is the same "false assumption" that has never been proven.
He continued: The arguments they raised about Asadullah Asadi, for example, that he was on vacation and therefore did not have judicial immunity, are very strange and ridiculous. The fact that Asadi was on vacation does not affect his status as a diplomat from the legal point of view.
This international law expert stated that Germany, Belgium, Austria and France coordinated with each other in this scenario, while the original accusation about Asadullah Asadi is questionable, and said: These cases show that we are in a combined war. Ayar is with the West, and this is only one of the scenarios that are proposed against us, and Iran is also justified, legal and based on human rights and international law documents.L answers them.
Who invited Hamid Nouri to travel to Sweden?
In another part of the meeting, Najhandi Menesh, the legal advisor of Hamid Nouri's family, pointed out that there have been various talks about Mr. Hamid Nouri going to Sweden, but if you hear the interrogations of many people in Mr. Nouri's case and look at the court documents You will see that no invitation has been made by any person from Mr. Nouri, he said: only one person named "Harsh Sadegh Ayyubi" who was the son-in-law of Mr. Nouri's friend because of one issue and personal revenge and on the other hand because of promises which was probably given to him by his enemies, he invited Hamid Nouri. Hamid Nouri is being wronged here because they raise arguments about him, and in fact, there was no discussion of inviting him from any other person.
He stated that there are some serious issues in terms of human rights that have destroyed the defense conditions for Hamid Nouri. First, the issue of communication with his family, where face-to-face meetings were interrupted for a while, and telephone calls were interrupted for almost a year, and recently, after a year, Mr. Nouri was able to contact his family. Is; Because this is a special case and it goes back to Iran's legal system and it is about events that happened in Iran, so the Swedish lawyer is not very familiar with it and this is a natural thing and the Iranian lawyer should be next to the Swedish lawyer and in communication with his client. able to present the cases to the Swedish lawyer, but despite this, the visits are interrupted and only a few meetings were allowed at first and the visits were stopped again.
"Najandi Manesh" stated: The third problem is Hamid Nouri's lack of access to the documents and materials of the case; The client must have access to the file and be able to read the file in order to know the protocols that the prosecutor adds to the file, the new documents and words that are added to the file, and to get ideas and discuss them with his lawyers.
According to him, the Swedish party tore some papers, notes and screenshots that Hamid Nouri had taken from about 10,000 files and took the "iPad" from him.
The story of "iPad" in Swedish prison
The legal advisor of Hamid Nouri's family also explained: It may be raised that the prison has provided Hamid Nouri with good facilities such as an iPad, but it must be said that it is not possible to have paper, and therefore an iPad is given to all detainees. They give access to some files such as documents in a controlled and limited manner. Nevertheless, they took the same "iPad" from Hamid Nouri.
"Najandi Manesh" Hamchamim said: The next objection is about the arrest itself; This length of time alone is unprecedented in Sweden and is considered a record. We are not saying this, but Hamid Nouri's lawyer, who was once the Minister of Justice of Sweden, says this and calls it a stain on Sweden's judicial history, and all these conditions make defense difficult for Hamid Nouri.
The presence of a Swedish officer of Iranian origin during the case; Who is Omid Farhand?
The legal advisor of the Nouri family stated that what was discovered recently is that one night before the 11th session of the Court of Appeal, Swedish TV Channel 4 broadcasts a documentary, and in that documentary, for the first time, a Swedish police officer who is of Iranian origin is exposed. Kand, who has been involved in the preliminary investigation since the beginning, said: This is a surprise for the lawyers, because the lawyers must be informed about all the events that happen in the investigation process and, for example, they must know who the Nouri interrogators are. Who are the translators, what meetings are held and what is said in these meetings, but if there is a meeting that lawyers cannot attend due to security reasons, the minutes of the meeting must be provided to the lawyers.
According to him, Hamid Nouri's lawyers, after the trial court and 11 sessions of the appeals court, suddenly realized that there was a person in the course of the case and investigation from the beginning that they were unaware of, and that this person was conducting a "secret and parallel" investigation. have given.
Najhandi Manesh added: This police officer named "Omid Farhand" whose uncle was allegedly executed in Iran in the 60s; This person was present as a translator in the case and even translated some of the documents presented by Shekat, in the event that this action should be done by an official translator and an impartial person, but this person, on the other hand, because he is Iranian And on the other hand, because of the death claim that he raises, he is somehow a beneficiary in the case and can give a personal aspect to the case and abuse his position and authority for the benefit of people with whom he feels he is "sympathetic".
The Nouri family's legal advisor continued: Another action of this person was to interrogate him and he even interrogated "Masadaghi" and several other people about this person's complaints. It is interesting that in some cases he was present as a deputy interrogator and was not allowed to speak in Farsi, but before the main interrogator began to speak, he spoke in Farsi with witnesses and suspects, and this is against the interrogation protocols. Because the court is held in Sweden, if a case is raised in Persian, it must be translated into Swedish, but these parts have never been translated and it is not clear what this person told the interrogators.
He added: Another point is in the selection of documents for the court; For example, if an individual's memories were to be presented to the prosecutor as evidence, this person would select a part of the memories and present them for translation and inclusion in the case, but the continuation of memories that raise contradictions would not be translated and presented to the prosecutor; This is why when you look at the case of Hamid Nouri, the cases that exist are "incriminating" and none of the cases that benefit Mr. Nouri are seen in the case; Therefore, abusing the position, aspects or personal motives and violating the principle of "equality of arms" (in the procedural code, it means that the accused and his lawyers should have the same facilities, tools and situations that the prosecutor has). , There is.
"Najandi Manesh" says: Hamid Nouri's lawyers have raised this serious objection to the investigation and investigation process that if this police officer was involved in the investigation from the beginning and the prosecutor was also aware, why did he tell the previous lawyers and the trial court about this The matter has not been notified? If informed, then its documentation should be provided. If the prosecutor was not informed, this is an example of abuse of fair proceedings.
He emphasized: The issue of abuse of fair trial is raised both in the internal laws of Sweden, in the "Common Law" laws of England and America, and even in countries such as Germany and France, and even in the framework of the European Court of Human Rights. The effect of an abuse of due process is that the indictment, without being heard on its merits, must be dismissed in its entirety and the proceedings stopped at that stage.
This legal consultant said: Hamid Nouri's lawyers, in the petition they filed on June 19, while raising questions that the prosecutor must answer, have clearly expressed their desire that the appeals court at this stage It should stop the proceedings, not enter into the continuation of substantive discussions and reject the indictment altogether. Maybe this is the only way to compensate for the material losses that Hamid Nouri has suffered so far.
"Najandi Menesh" stated that Hamid Nouri did not know that the said policeman was a part of the interrogation and investigation team and thought that this person was an Iranian who came and helped him. He has only abused in solitary confinement in a foreign country, while according to Swedish police protocol, interrogation is a very specific process, firstly, the interrogators must be known, all interrogations must be recorded, there must be no informal matters. and if an action is to be taken secretly, it must be done with the approval of the prosecutor and the consent or information of the accused and the lawyers, at least until now Hamid Nouri's lawyers stated that they had no knowledge of this matter.
He also added: "Naturally, the police is present in the investigation process, but which police?" A policeman who knows the name of the person in question from the beginning and has informed both sides of the case. In addition, all conversations and meetings with the accused are recorded and approved by both parties, but as the Swedish lawyers of Hamid Nouri have stated, there was no such process regarding this Swedish police officer.
The legal advisor of the Nouri family emphasized that the solitary confinement of Hamid Nouri is a clear example of torture and said: One of the reporters of the Convention against Torture in 2014 said that detaining a person in solitary confinement for more than 2 weeks is an example of torture. In the 11th session of the Court of Appeal, Hamid Nouri's lawyer Thomas Bodström told the prosecutor that "Ms. Prosecutor, you are referring to the Convention against Torture, while Mr. Nouri himself is a victim of torture, and this is a violation of the Convention against Torture by Sweden." goes."
Long-term solitary confinement in a Swedish prison
In another part of the meeting, "Momini Rad" also stated that there are indications, evidences and reasons that this is a scenario with a complex design, and stated: Look at the laws of Sweden, to what extent is solitary confinement? They claim a lot, but now they are acting against these claims. When a process is politicized and the design is done in advance, one must witness numerous cases of violations.
He pointed out that the arrest and imprisonment of Hamid Nouri, the conditions of imprisonment, interrogations, bringing the case forward, the witnesses of the case, which the witness himself must have characteristics, if examined, it will be clear that these people are qualified to appear in court.They do not have witnesses, he said: this process has been dominated by politics and conspiracy design since the beginning. All violations that occurred in the case must be listed (under Swedish law and the European Convention on Human Rights). This case has many dimensions that Iran should use to assert its rights.
The professor of international law also pointed to the issue of how prisoners are treated by these countries and the human rights claims they raise and said: This is the issue of double standards. If a fair review is done, these actions are examples of double standards. There are two completely different actions and opinions about a single issue.
According to him, consider America; This country claims to defend human rights; It is enough to review the state of the prisons under the control of this country, such as "Guantanamo" and "Abu Ghraib" and even the internal prisons and detention centers of this country; See what tragedies this country has wrought in prisons only from the cases that have been leaked despite the extensive concealment. Consider the behavior of the police in this country with minorities such as blacks and natives; What is happening shows that the claim of defending human rights is only in the field of opinion and authority, and other things are happening in practice, and this is the double standard. On the other hand, consider Iran's treatment of detained citizens of these countries; The difference is very obvious.
Hamid Nouri's family met with a member of Amnesty International in a cafe!
"Najandi Menesh", in another part of the meeting to review the arrest cases of Hamid Nouri and Asadollah Asadi, said: One of the things that should have been done for Mr. Nouri was that he should work with non-governmental organizations and human rights institutions of the United Nations, such as the Council We corresponded with Human Rights, the Commission for the Prohibition of Torture, Amnesty International and Human Rights Watch, but we did not receive a response after the correspondence.
He pointed out that finally the Amnesty International office in Sweden answered us and a person from this office said that he is ready to meet Mr. Noori's family for a very short time and for a few minutes outside the official office of Amnesty International. to meet in Sweden, he added: This meeting lasted 20 minutes at most and we went to a coffee shop whose address was specified by the mentioned person. When we reached the meeting place, the said person said that this is not a suitable place and that we should go to the lower floor. In this meeting, Hamid Nouri's family spoke about numerous cases of human rights violations against him and raised issues such as preventing contact and meeting. This person also heard and wrote down these things during the meeting and was supposed to inform us what he can do; This meeting took place about 2 years ago, but until this moment we have not been given any information so that we know what action Amnesty International is taking in this regard.
The opinion of 2 experts about international organizations
The legal advisor of the Nouri family said: International NGO organizations are under the influence of the same hegemony and it seems that they have a mission to open their ears to one side and remain closed to the other side, and this is an issue that is more annoying than the issue of human rights violations. Is.
"Momini Rad", professor of international law, also emphasized: these institutions claim to be neutral and an international institution of the people and defend justice and do not get any influence from any power or country, but when these cases This happens and it becomes clear that these claims are only the appearance of the matter.
