Only Salam, Resalat, CNB, IRNA Admitted to Kadivar's Trial Session

April 15, 1999 - 0:0
TEHRAN -- The first session of the public trial of Hojjatoleslam Mohsen Kadivar was held at the Second Branch of the Special Court for the Clerics, on Wednesday. Among the Iranian mass media, only reporters from Salam and Resalat dailies, Islamic Republic News Agency (IRNA) and Central News Bureau (CNB) were allowed to attend the session. Kadivar, his Lawyer Seyyed Hussein Mousavi Tabrizi and his family were present in the open session.

Hojjatoleslam Mohammad Salimi is the court's Judge. Kadivar was detained on February 27 on charges of dissemination of fabrications and disturbing public opinion. Rejecting the charges, Kadivar described them as political and press charges and claimed that the special court for the clerics is not qualified to investigate these offenses. He said that according to article 168 of the Constitution Law, investigation into political and press offenses must be carried out in the presence of a jury and by a qualified court at the Judiciary and that the special court for the clerics is not a part of the Judiciary. The Head of the Court responded, ``your charges are not political or press offenses and that we are aware that these charges should be looked into at a court in the presence of a jury and your defense in this respect is a personal approach.'' Mousavi Tabrizi also raised the question if there is an appeal court to probe Kadivar's protest.

Salimi said an appeal branch has been formed at the court whose judges are from the Supreme Court. The court will try to do its best to prevent infringement of the rights of the defendants, he added. Mousavi Tabrizi added that according to the procedures of the Special Court for the Clerics, when the court is looking into press offenses, observance of Majlis approvals which call for the presence of a jury and holding of public trial is necessary.

The court has acted the least upon the parliament approvals in this regard, he said, adding absence of a jury is one of the shortcomings of this trial. According to the press law, Hojjatoleslam Salimi said, investigation into the charges against the clerics who are managers of publications is carried out in the presence of a jury but Kadivar's charges are not pertaining to the press.

Special Prosecutor of the Court, Hojjatoleslam Mohammad Ebrahim Nekunam, read the bill of indictment against Kadivar including dissemination of fabrications, disturbing public opinion and spreading propaganda hostile to the Islamic system. Hearing the charges, the Head of the court, Hojjatoleslam Salimi, called on Kadivar to defend himself. Kadivar's Lawyer argued that if the Leader has approved that the Special Court for the Clerics deal with a press offense, then "there is no objection on our part." He went on to say that at least eight points of charges raised by the Special Prosecutor are considered as press offenses and in case of press offenses one should ask Managing Director of the publication which published the article.

Writing an article is different from launching propaganda campaign, Tabrizi said, adding the major parts of the charges against Kadivar falls within press offenses. Tabrizi said if writing articles is not considered as an act of propagation then the charge to this effect should be dropped out of the indictment. Salimi rejected the charges being press offenses and said as Kadivar is not working as a journalist, editor-in-chief or managing director, his offense cannot be considered as press offense.

He further added that if it is not propagation then Kadivar is acquitted and there is not need to drop out the charge. Kadivar protesting against the bill of indictment said it was rather a political declaration. He further said the Prosecutor has insulted him in the indictment bill and that he has lodged a complaint against the Prosecutor. The court is "not qualified to investigate these offenses," Kadivar said calling for the court to refer the case to the justice department.

The defendant demanding that the court properly review his speech at Jami' Mosque of Husseinabad said that his speech had been distorted. (IRNA)