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Iran based its refusal to permit foreign observation of the trial on an intrinsic rejection of Kazemi's dual citizenship. By contending that Ms. Kazemi was solely an Iranian citizen, it maintained that the affair is strictly domestic.In the charge of "semi-premeditated murder", the assault was deliberate, but the death was accidentally inflicted; what North Americans would probably call second degree murder.
The timeline on this affair as detailed by Reporters Without Borders and CBC News Online is as follows:
The report said the skull fracture that caused her death occurred no more than 36 hours before her hospitalisation. According to the chronology of events established by the investigation, the fatal injury could have occurred while she was in the custody of either the prosecutor's staff or the intelligence ministry.
In Iran, the military prosecutor's office assigned Kazemi's case to Saeed Mortazavi, but Mortazavi subsequently recused himself because of the allegations that he was directly involved in her death. The commission of enquiry had established that he personally took part in an interrogation session within hours of her arrest. The case was transferred to Judge Esmaili at the end of July 2003.
[A clear and present attempt to obfuscate and misdirect. At least we have mechanisms in place to avoid arbitrary arrest, and if the shooting was not justified, justice is much more likely to be done. Moreover, Tabesh was being apprehended, not tortured while in custody. --MN]
Shirin Ebadi, Nobel Peace Prize laureate and leader of the team, said she was ignored by the judge as she tried to introduce evidence and witnesses who say they saw a high-ranking judiciary official hit Kazemi on the head so hard she could no longer stand. Ms. Ebadi told the court that Mohammed Bakhshi dealt the first and most severe strike against Kazemi. Ms. Ebadi also alleged that the killing was pre-meditated. An official from the Tehran prosecutor's office told the court that the prison official has already been cleared; that there was not enough evidence to implicate him.
Ms. Kazemi was quoted,"I was forced to consent to quick burial. [...] Her breast had been burned, her hand and foot had been broken. I saw it myself."
Reporters Without Borders said it was "disgusted" by the halting of the trial. The organization said in a statement, "We are appalled at this denial of justice. The Iranian judiciary has displayed intolerable cynicism and hypocrisy in a case which the world sees as a test of intent by the Iranian regime, which has been unanimously condemned by international human rights organisations. By turning the trial into a mockery, the authorities have once more totally discredited themselves and deserve to have sanctions imposed on them."
One of the affected journalists, in complaining about the censorship to reformist spokesman Abdollah Ramezanzadeh after his weekly news conference, said, "I was afraid to publicly put this to you during the press conference because I was afraid of possible punishment from Mortazavi." Mr. Ramezanzadeh denounced the judiciary for closing down the newspapers and said judiciary actions were effectively discrediting the Islamic Republic. The judiciary had ordered the reformist publications to shut down when the trial opened.
In Geneva on Tuesday, a panel of United Nations human rights experts expressed their "profound" concern about Iranian legal proceedings in the Kazemi case. The panel said in a UN statement, "Many reports indicate that the proceedings did not meet international standards of fair trial because key evidence that might have incriminated judiciary officials, the prosecutor's office as well as the intelligence ministry were ignored by the court." The expert panel -- made up of independent judges and specialists in free speech and torture -- said Iranian authorities had failed to ensure an open trial and the independent functioning of the judiciary.
In response to this, Shirin Ebadi and her team released a statement urging the head of the judiciary, Ayatollah Shahrudi, to name a judge independent of the prosecutor's office to review the entire file and allow an genuine reconstruction of the murder. The statement also contained some vital questions:
"It has been proved, including in statements from several witnesses present at the scene, that a senior official at Evin Prison struck Zahra Kazemi a very heavy blow on the left side of her head that broke her skull. We want to know why certain people want to cover up this case.
- Why was the identity not revealed of an interrogator of Zahra Kazemi, from 23 June at 10.30pm to 24 June at 2.30am, although the interrogation took place in the presence of the prosecutor and one of his assistants?
- Why were the records of the interrogation falsified?
- Why was the intelligence services proposal to take part in reconstruction of the murder scene not taken into account?"
"Reporters Without Borders cannot find words strong enough to describe the latest statements from the Iranian justice system. They dare to say that, since the man responsible for Kazemi's murder was acquitted - at a rigged trial - it proves that Zahra Kazemi died accidentally !"This reasoning goes beyond the ridiculous and amounts to an affront. We join the lawyers in calling for a judge independent of the prosecutor's office, which is implicated in this case, for a full investigation of this murder that the legal authorities are trying to dress up as an accident."
Dr. Azam was in Canada seeking refugee status. He had fled Iran with his wife and daughter during the summer of 2004, under the guise of seeking medical treatment.
For his part, Iranian Foreign Minister Manoucher Mottaki hurled accusations of abuse right back at the accusers, especially the United States, whose prisoners are: "tortured in solitary confinements for interrogation such as prisons in Guantanamo and Abu Ghraib."
[A typically schizophrenic tu quoque argument by a dumb-ass bastard who apparently cannot tell one country from another, even when his government is engaged in a pissing contest with one of them over nuclear power programs, and has murdered a citizen of the other. --MN]
In a scrum with reporters, Foreign Affairs Minister Peter MacKay replied to the charge by saying of the Iranian justice minister that he could: "Take me to court. Come to Canada and face it in the justice system, if that's what he believes. I don't put a lot of faith in what the Iranian justice minister has to say, frankly."
[Good man! -- Mr. Mckay! Now, government: Get it right! Stand fast and kick ass! --MN]
"There has been no progress in this case since the acquittal on 16 November 2005 of Reza Aghdam Ahmadi, the only person ever to be formally accused, and the Kazemi family lawyers have run into a wall of silence from the Iranian judicial authorities. We support the lawyers’ demand for a fair and impartial trial to be finally held, one that would establish once and for all the circumstances in which Kazemi died."Mohamad Ali Dadkhah, one of the Kazemi family’s lawyers, was quoted as saying to the watchdog group:
"After the appeal and its verdict, we were very hopeful that the supreme court would order the reopening of the case. Unfortunately, despite all our efforts, there has been a complete silence until now and our request has produced absolutely no reaction."The Tehran appeal court issued a ruling that upheld Ahmadi’s acquittal, but according to his lawyer and the Kazemi family lawyers, at the same time ordered that the case should be sent back to the prosecutor’s office and the investigation be reopened.