• 17 December 2009
  • Posted By David Elliott
  • 2 Comments
  • Human Rights in Iran

Lawyer says case against Tajbakhsh devoid of evidence

Kian TajbakhshThe International Campaign for Human Rights in Iran is asserting that the case against Iranian-American scholar Kian Tajbakhsh “contains no evidence to support the allegations against him,” based on conversations with Tajbakhsh’s lawyer who has studied the prosecution’s entire case against Tajbakhsh. Tajbakhsh was sentenced to 15 years in prison for “espionage”.

There is apparently no correlation between the evidence in his file and the conviction and sentencing of Tajbakhsh, while the file itself is evidence of the blatantly political and arbitrary nature of the case.  Espionage is closely defined under Iranian law, and guilt needs to be established by evidence that highly confidential documents were passed to foreign governments. There are no references to such documents in the file.The file, only recently seen by Shafie, contains video clips of public demonstrations that Tajbakhsh allegedly emailed which hardly qualify as confidential or classified government documents.  Tajbakhsh had no access to such documents in any event.

The Campaign goes on to document the numerous breaches of Tajbakhsh’s rights. (More below the fold):

Some of the more egregious violations of due process standards in this case include maintaining the defendant in temporary detention, which violates both Article 182 and Article 37 of the Judicial Proceedings of Penal Courts [Aiin Dadrasi Keyfari]. Under Iranian law, Tajbakhsh had the right to be released on bail after the primary investigation of his case.

Moreover, in his file it is mentioned that Judge Salavati, had ordered his release on bail, stating that Tajbakhsh had refused the offer of bail, and accepted to go to prison, which is patently false.

The process also violated principle 139 of the Constitution and article 188 Judicial Proceedings of Penal Courts which stipulate that a defendant is to remain anonymous until charges against him are approved by the court.   But charges against Tajbakhsh were publicized prior to their being approved by the court.

The charges against Tajbakhsh are without merit because they do not refer to criminal acts.  Under Article 2 of the Islamic Penal Code, any actions that have not been identified as criminal may not be considered as the basis for a criminal charge.   This applies to the acts for which Tajbakhsh is charged, including for example, working as a consultant for the Open Society Institute (OSI) , which is not a crime, Shafie said.

The indictment against Tajbakhsh described his service as a consultant to the OSI, an international foundation, as de facto seditious.  But the activities of the OSI in Iran had been agreed to with the government of the Islamic Republic under a memorandum that defined those activities, and no activities were performed by Tajbakhsh or by the OSI that were not agreed to by Iranian officials, Shafie said. Furthermore, Tajbakhsh’s consultancy with OSI ended in 2007, well before the recent elections.

Finally, the indictment is ridden with factual errors that invalidate it.  Among its unreal claims, for example, is that the defendant participated in illegal demonstrations,  and was arrested while committing this crime, while in fact he was arrested on 9 July, 2009, at 21:00 at his home while he was with his wife.

Posted By David Elliott

David Elliott is the Assistant Policy Director at the National Iranian American Council.

    2 Responses to “Lawyer says case against Tajbakhsh devoid of evidence”

  1. Pirouz says:

    When a nation feels threatened by a foreign entity, NATIONAL SECURITY many times trumps rule of law or legal convetion. I could cite numerous such infractions by the US, post 9/11, in ways similar to the current reactionary sentiment in Iran. The biggest difference between the two is that Iran has not provoked itself into a foreign war of aggression, with all the death, carnage and human suffering that entails, all in the name of NATIONAL SECURITY. This continues in the form of an actual escalation under President Obama.

    David, your post doesn’t mention the specifics of an appeal for Mr. Tajbakhsh. Do you have any to provide? Or is what you’ve provided the actual basis for such?

  2. Islam says:

    [quote] When a nation feels threatened by a foreign entity, NATIONAL SECURITY many times trumps rule of law or legal convetion [/quote]

    May Allah help you.

    Could you enlighten us as to what Mr. Tajbakhsh did for him to be treated this way.

    As least the US does not claim to be doing what you think they did after 9/11 in the name of Allah. There is no Islami Repuplic of Iran. It is now Revolutionary Dictatorship of Iran, and you are nothing but just a pawn.

    May Allah help you.

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Sign the Petition

 

7,349 signatures

Tell Google: Stop playing Persian Gulf name games!

May 14, 2012
Larry Page
Chief Executive Officer
Google Inc.
1600 Amphitheatre Parkway
Mountain View, California 94043

Dear Mr. Page:

It has come to our attention that Google has begun omitting the title of the Persian Gulf from its Google Maps application. This is a disconcerting development given the undisputed historic and geographic precedent of the name Persian Gulf, and the more recent history of opening up the name to political, ethnic, and territorial disputes. However unintentionally, in adopting this practice, Google is participating in a dangerous effort to foment tensions and ethnic divisions in the Middle East by politicizing the region’s geographic nomenclature. Members of the Iranian-American community are overwhelmingly opposed to such efforts, particularly at a time when regional tensions already have been pushed to the brink and threaten to spill over into conflict. As the largest grassroots organization in the Iranian-American community, the National Iranian American Council (NIAC) calls on Google to not allow its products to become propaganda tools and to immediately reinstate the historically accurate, apolitical title of “Persian Gulf” in all of its informational products, including Google Maps.

Historically, the name “Persian Gulf” is undisputed. The Greek geographer and astronomer Ptolemy referencing in his writings the “Aquarius Persico.” The Romans referred to the "Mare Persicum." The Arabs historically call the body of water, "Bahr al-Farsia." The legal precedent of this nomenclature is also indisputable, with both the United Nations and the United States Board of Geographic Names confirming the sole legitimacy of the term “Persian Gulf.” Agreement on this matter has also been codified by the signatures of all six bordering Arab countries on United Nations directives declaring this body of water to be the Persian Gulf.

But in the past century, and particularly at times of escalating tensions, there have been efforts to exploit the name of the Persian Gulf as a political tool to foment ethnic division. From colonial interests to Arab interests to Iranian interests, the opening of debate regarding the name of the Persian Gulf has been a recent phenomenon that has been exploited for political gain by all sides. Google should not enable these politicized efforts.

In the 1930s, British adviser to Bahrain Sir Charles Belgrave proposed to rename the Persian Gulf, “Arabian Gulf,” a proposal that was rejected by the British Colonial and Foreign offices. Two decades later, the Anglo-Iranian Oil Company resurrected the term during its dispute with Mohammad Mossadegh, the Iranian Prime Minister whose battle with British oil interests would end in a U.S.-sponsored coup d'état that continues to haunt U.S.-Iran relations. In the 1960s, the title “Arabian Gulf” became central to propaganda efforts during the Pan-Arabism era aimed at exploiting ethnic divisions in the region to unite Arabs against non-Arabs, namely Iranians and Israelis. The term was later employed by Saddam Hussein to justify his aims at territorial expansion. Osama Bin Laden even adopted the phrase in an attempt to rally Arab populations by emphasizing ethnic rivalries in the Middle East.

We have serious concerns that Google is now playing into these efforts of geographic politicization. Unfortunately, this is not the first time Google has stirred controversy on this topic. In 2008, Google Earth began including the term “Arabian Gulf” in addition to Persian Gulf as the name for the body of water. NIAC and others called on you then to stop using this ethnically divisive propaganda term, but to no avail. Instead of following the example of organizations like the National Geographic Society, which in 2004 used term “Arabian Gulf” in its maps but recognized the error and corrected it, Google has apparently decided to allow its informational products to become politicized.

Google should rectify this situation and immediately include the proper name for the Persian Gulf in Google Maps and all of its informational products. The exclusion of the title of the Persian Gulf diminishes your applications as informational tools, and raises questions about the integrity and accuracy of information provided by Google.

We strongly urge you to stay true to Google’s mission – “to organize the world’s information and make it universally accessible and useful” – without distorting or politicizing that information. We look forward to an explanation from you regarding the recent removal of the Persian Gulf name from Google Maps and call on you to immediately correct this mistake.

Sincerely,

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