Kahrizak Indictment
Complete Text of the Indictment of Tehran Military Prosecutor Against 12 Persons Responsible for the Kahrizak Tragedy
INDICTMENT
Honourable Head of the Military Courts in Tehran
Greetings and salutations;
The following pertains to case reference 88/5878:
A) Identity of the accused and the charges against them:
1- Lieutenant-colonel Faraj Kamijani, son of Hussein, born 1341 [1962], birth
certificate number 2684-issued in Kamijan, Shi`a, FATEB1 Unit (Head of Kahrizak
Detention Centre), literate, married, no prior criminal record, resident of Tehran,
detained since 25/5/88 [16 August 2009] under temporary detention order, stands
charged with: [Law Respecting Legitimate Freedoms and Protecting Citizen Right
a) Authorizing assault causing injuries to detainees;
b) Denying the detainees of their constitutional rights and violating their civil
rights contrary to the single-article Law Respecting Legitimate Freedoms
and Protecting Citizen Rights ;
c) Involvement in false reporting,
d) Creating public mistrust of NAJA2
2- Officer Mohammad Khamisabadi, son of Abdollah, born 1351 [1972], birth
certificate number 5-issued in Kangavar, Shi`a, FATEB Unit (Kahrizak Detention
Centre), literate, married, no prior [criminal] record, serving since 1376 [1997], resident
of Tehran, detained since 25/5/88 [16 August 2009] under temporary detention order,
stands charged with:
a) Involvement in assault causing physical injuries, resulting in the
intentional killing of (deceased Mohsen Rohulamini, Amir Javadifar, and
Mohammad Kamrani)
b) Direct participation in assault causing physical injuries, and verbal insults
against complainants (Hossein Baghban, Erfan Nazari, Masoud Ebrahimi,
Hamed Sadruddini, Shahin Fathi, Mohsen Sadeghi Esfahani, Reza Tavakoli,
Behnam Rezaie, Hossein Emami Taleghani, Pouria Ramezanian, Nader
Khaireh, Amir Asghari, Eshagh Rezaie Niaraki, Amir Aghchelou, Hamed
Malekzadeh, Masoud Alizadeh, Seyed Milad Hosseini, Reza Fazeli
Mostakhdem, Maisam Kargar, Ali Najjari, Mohammad Sadeghlou, Houman
1 FATEB is a Persian acronym for Commanding Law Enforcement Agency in Greater Tehran
2 NAJA is a Persian acronym for Law Enforcement Agency of the Islamic Republic
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Rajabi, Hatef Soltani, Taha Zinali, Reza Ahmadi, Amir Imani, Ali Jalilvand,
Medi Bahmanzadeh, Saman Ganji, Sadegh Sowlati, Payman Shahnabi, Mehdi
Mohammadi Fard, and Hossein Nasr Esfahani);
c) Denying the detainees of their constitutional rights and violating their civil
rights contrary to the single-article Law Respecting Legitimate Freedoms
and Protecting Citizen Rights;
d) Creating public mistrust of NAJA
3- Officer Ebrahim Mohammadian, son of Sayfollah, born 1362 [1983], birth certificate
number 2-issued in Natanz, Shi`a, citizen of Iran, literate, FATEB Unit (Kahrizak
Detention Centre), no prior [criminal] record, married, resident of Tehran, detained
since 25/5/88 [16 August 2009] under temporary detention order, stands charged with:
a) Participation in assault causing physical injuries, resulting in the
intentional killing of (deceased Mohsen Rohulamini, Amir Javadifar, and
Mohammad Kamrani)
b) Direct participation in assault causing injuries, and verbal insults against
complainants (Hossein Baghban, Erfan Nazari, Masoud Ebrahimi, Hamed
Sadruddini, Shahin Fathi, Mohsen Sadeghi Esfahani, Reza Tavakoli, Behnam
Rezaie, Hossein Emami Taleghani, Pouria Ramezanian, Nader Khaireh, Amir
Asghari, Eshagh Rezaie Niaraki, Amir Aghchelou, Hamed Malekzadeh,
Masoud Alizadeh, Seyed Milad Hosseini, Reza Fazeli Mostakhdem, Maisam
Kargar, Ali Najjari, Mohammad Sadeghlou, Houman Rajabi, Hatef Soltani,
Taha Zinali, Reza Ahmadi, Amir Imani, Ali Jalilvand, Medi Bahmanzadeh,
Saman Ganji, Sadegh Solati, Payman Shahnabi, Seyed Masoud Razavie, Mehdi
Mohammadi Fard, and Hossein Nasr Esfahani);
c) Denying the detainees of their constitutional rights and violating their civil
rights contrary to the single-article Law Respecting Legitimate Freedoms
and Protecting Citizen Rights;
d) Creating public mistrust of NAJA
4- Civilian Mohammad Reza Karami (a.k.a. Mohammad Taifil), son of Ali, born
1362 [1983], birth certificate number 7687-issued in Tehran, Shi`a, citizen of Iran,
literate, resident of Terhan, prior criminal record, single, detained since 2/6/88 [24
August 2009] under temporary detention order, stands charged with:
a) Involvement in assault causing injuries, resulting in the intentional killing
of (deceased Mohsen Rohulamini, Amir Javadifar, and Mohammad Kamrani)
b) Direct participation in assault causing physical causing injuries, and verbal
insults against complainants (Hossein Baghban, Erfan Nazari, Masoud
Ebrahimi, Hamed Sadruddini, Shahin Fathi, Mohsen Sadeghi Esfahani, Reza
Tavakoli, Behnam Rezaie, Hossein Emami Taleghani, Pouria Ramezanian,
Nader Khaireh, Amir Asghari, Eshagh Rezaie Niaraki, Amir Aghchelou,
Hamed Malekzadeh, Masoud Alizadeh, Seyed Milad Hosseini, Reza Fazeli
Mostakhdem, Maisam Kargar, Ali Najjari, Houman Rajabi, Hatef Soltani, Taha
Zinali, Reza Ahmadi, Amir Imani, Ali Jalilvand, Medi Bahmanzadeh, Saman
Ganji, Sadegh Solati, Payman Shahnabi, and Hossein Nasr Esfahani and Mehdi
Mohammadi Fard);
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12 Persons Responsible for the Kahrizak Tragedy
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c) Denying the detainees of their constitutional rights and violating their civil
rights contrary to the single-article Law Respecting Legitimate Freedoms
and Protecting Citizen Rights;
d) Creating public mistrust of NAJA
5- Colonel Ravanbakhsh Fallah, son of Bahram, born 1342 [1963], birth certificate
number 89-issued in Roodbar, Shi`a, literate, Head of Inspections of FATEB, serving
since 1360 [1981], resident of Tehran, no prior [criminal] record, married, detained
from 13/6/88 [4 September 2009] to 14/9/99 [5 December 2009], released on bail with
surety, stands charged with:
a) Involvement in false reporting;
b) Negligence and violation of government regulations in carrying out duties,
resulting in loss of lives and bodily harms;
c) Denying the detainees of their constitutional rights and violating their civil
rights contrary to the single-article Law Respecting Legitimate Freedoms
and Protecting Citizen Rights;
d) Creating public mistrust of NAJA
6- Colonel Mohammad Amerian, son of Rahim, born 1344 [1965], birth certificate
number 232-issued in Shahrood, Shi`a, citizen of Iran, literate, FATEB Unit (FATEB
Director of Operations for [prison] Inspection), resident of Tehran, no prior [criminal]
record, married, detained on 23/6/88 [14 September 2009] to 30/8/88 [21 November
2009], released on bail with surety, stands charged with:
a) Negligence and violation of government regulations in carrying out duties,
resulting in loss of lives and bodily harms;
b) Creating public mistrust of NAJA;
c) Denying the detainees of their constitutional rights and violating their civil
rights contrary to the single-article Law Respecting Legitimate Freedoms
and Protecting Citizen Rights;
7- Lieutenant-general Azizollah Rajabzadeh, son of Salman, born 1335 [1956], birth
certificate number 1015-issued in Tehran, Commander of the Law Enforcement
Agency in the Greater Tehran, Shi`a, literate, serving since 1357 [1978], no prior
[criminal] record, resident of Tehran, married, free on recognizance, stands chargedwith:
a) Authorizing false reporting;
b) Negligence and violation of government regulations in carrying out duties,
resulting in loss of lives and bodily harms;
8- 3rd Lieutenant Seyed Kazem Ganjbakhsh, son of Seyed Ali, born 1356 [1977], birth
certificate number 655-issued in Gunabad, Shi`a, citizen of Iran, literate, with prior
criminal record, FATEB Unit (Kahrizak Detention Centre), resident of Bajistan,
detained from 11/6/88 [2 September 2009] to 22/9/88 [13 December 2009] under
temporary detention order, released on bail with surety, stands charged with:
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12 Persons Responsible for the Kahrizak Tragedy
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a) Assault causing physical injuries, and verbal insults against complainant
(Masoud Alizadeh);
b) Denying the detainees of their constitutional rights and violating their civil
rights contrary to the single-article Law Respecting Legitimate Freedoms
and Protecting Citizen Rights;;
c) Creating public mistrust of NAJA
9- Officer Akbar Rahsepar, son of Jomeh Ali, born 1359 [1980], birth certificate number
104-issued in Khurammabad, Shi`a, citizen of Iran, literate, FATEB Unit (Kahrizak
Detention Centre), serving since 1378 [1999], resident of Tehran, no prior criminal
record, married, detained from 11/6/88 [2 September 2009] to 23/8/88 [14 November
2009], released on bail with surety, stands charged with:
a) Participating in assaults causing physical injuries, and verbal insults
against complainants (Houman Rajabi, Hatef Soltani, Taha Zainali, Mehdi
Bahmanzadeh, and Saman Ganji);
b) Denying the detainees of their constitutional rights and violating their civil
rights contrary to the single-article Law Respecting Legitimate Freedoms
and Protecting Citizen Rights;;
c) Creating public mistrust of NAJA
10- Officer Hamid Zandi, son of Ali Ghorban, born 1359 [1980], birth certificate number
2677-issued in Malayer, Shi`a, citizen of Iran, literate, married, with prior criminal
record, FATEB Unit (Kahrizak Detention Centre), resident of Gharchat—Varamin,
detained on 15/6/88 [6 September 2009] under temporary detention order, released on
bail with surety, stands charged with:
a) Participating in assault causing physical injuries, and verbal insults against
complainants (Hossein Mahmoodi, Seyed Milad Hosseini, Mohammad
Sadeghlou, Pouria Hossein, and Hassan Nasr Esfahani);
b) Creating public mistrust of NAJA;
c) Denying the detainees of their constitutional rights and violating their civil
rights contrary to the single-article Law Respecting Legitimate Freedoms
and Protecting Citizen Rights;
11- Officer Majid Varvie, son of Mahmood, born 1356 [1977], birth certificate 13718-
issued in Kermanshah, Shi`a, citizen of Iran, literate, resident of Tehran, no prior
criminal record, FATEB Unit (Kahrizak Detention Centre), single, detained on 23/8/88
[14 November 2009] and remained in custody due to inability to provide surety,subsequently released on bail with surety on 11/9/88 [2 December 2009], stands
charged with:
a) Participating in assault causing physical injuries, and verbal insults
against complainants (Yaghoub Salimi, Pouria Hossein, Hossein Nasr
Esfahani, Mehdi Mohammadi Fard, and Majid Nokhostin Sarbaz);
b) Creating public mistrust of NAJA
12- Sergeant-major Mehdi Hosseinifar, son of Mahmood, born 1363 [1984], birth
certificate 5648-issued in Tehran, Shi`a, citizen of Iran, literate, serving since 1386
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[2007], no prior criminal record, FATEB Unit (Kahrizak Detention Centre), married,resident of Tehran, detained from 12/7/88 [4 October 2009] to 23/9/88 [14 December
2009] under temporary detention order, subsequently released on bail with surety,
stands charged with:
a) Participating in assault causing physical injuries, and verbal insults against
complainants (Mir Masoud Razavi, Pouria Hossein, Hossein Nasr Esfahani,
Yaghoub Salimi, and Mehdi Mohammadi Fard);
b) Creating public mistrust of NAJA;
c) Denying the detainees of their constitutional rights and violating their civil
rights contrary to the single-article Law Respecting Legitimate Freedoms
and Protecting Citizen Rights;
B) Procedural Synopsis:
Subsequent to the report of the Judiciary’s Council of Tehran Province for the Inspection
and Supervision of the Rights of Citizens and the instructions of the respected Chief
Deputy of the Judiciary, and the closure of Kahrizak detention centre as per the order of the
Supreme Leader, a file was opened at the Military Court of Tehran concerning the crimes
committed by the authorities and officers in charge of Kahrizak detention centre. The file
was then forwarded to Branch One of the Investigation Bureau for action. The results of
thorough and extensive investigation and inquiries surrounding the claims, including:
interviews with the complainants, witnesses, and those with information; inspection and
investigation of the site; use of various methods to gather information from related sources;
referral of the complainants to the Coroner’s Office for forensic assessments and reports
concerning the degrees of injuries sustained by the complainants and their causes, as well
as determining the cause of death for those who lost their lives; summoning the accused
identified in the file for further investigation; and a number of sessions of inquiry with the
presence of the defendants, complainants and witnesses, is hereby noted below:
1- Background of Kahrizak detention centre and information about the actions of the
authorities and officials at the detention centre based on the information gathered
during the investigations and inquiries:
Kahrizak detention centre is located 15 kilometers outside of Kahrizak in the southern part
of Tehran and was established for the purpose of holding detainees classified as ‘thugs and
louts.’ The detention centre was administered exclusively by the Law Enforcement
Agency of the Greater Tehran, and the State Prisons Organization had no supervisory role
over the named detention centre. Overall the prison is described as follow:
1-1. The facilities had six wards and two quarantine units. The area of the quarantine
unit where the detainees of 18 Tir 1988 [9 July 2009] were kept was approximately
65 sq. meters, with no light and no proper ventilation system.
1-2. Upon admission to Kahrizak prison, as per the orders of the guard in charge, the
detainees were told to strip naked in front of others, some of whom—based on their
claims—were kept naked for 45 minutes, at which time their underwear were taken
and disposed of, and their cloths were put on them inside out. The authorities
explained this action as measures to avoid infestation of parasitic insects.
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1-3. All the detainees of 18 Tir [9 July] (123 individuals) were kept in a quarantine unit
with an area of 65 sq. meters. The prison authorities then proceeded to add to the
crowd another 37 prisoners who were already serving their sentence in Kahrizak,
classified as thugs and louts. Given that it was a summer month, the air inside the
quarantine was extremely hot and suffocating. Others arrested during the unrest at
the time were also divided into four groups, each group held in cages that were
specially designed for keeping prisoners classified as thugs and louts, within a very
small space.
1-4. Inside the quarantine, there was insufficient space to sit down, and most of the
detainees had to spend the entire night standing.
1-5. The only source of ventilation in the quarantine was five small windows near the
ceiling, three of which, according to the complainants, were shut.
1-6. The quarantine had only access to two toilet facilities, one of which was out of
order, and the other without a door. The detainees had to wait a long time to use
the facility and had to walk in and out without shoes. Furthermore, the detention
center had no shower facilities, and the detainees had no opportunity to wash
themselves.
1-7. The said quarantine had only one water faucet, which emitted unsanitary water.
1-8. Gasoline fumes produced by the generators leaked inside the quarantine causing
further air pollution inside the limited 65 sq. meter space.
1-9. One of the prisoners, named Mohammad Reza Karami, known as Mohammad
Taifil, an inmate classified as a thug, with multiple criminal convictions—an unfitviolent
individual—who had previously been detained in the same facilities for 13
months, was appointed by the Head of the Prison facilities (Lieutenant-colonel
Kamijani) as the warden.
1-10. On numerous occasions, both during the admission process and while in detention,
the guard and the warden (Mohammad Taifil) verbally insulted and abused the
detainees and violently battered and assaulted them with PVC pipes.
1-11. The daily food ration was a small potato and some bread given to each detainee
twice daily. This resulted in severe malnutrition of the detainees and loss strength
that made them susceptible to illnesses and injuries caused by assaults. The detailed
meal distribution charts found in Kahrizak records is enclosed with the conviction
order (p. 35).
1-12. As a result of brutal physical assaults and blows inflicted by the prison guard and
the inmate warden, the detainees suffered severe injuries, which, due to lack of
hygiene and the dire conditions in the quarantine, turned into infectious diseases in
most cases. The detainees suffered gravest assault and injuries at the time of
admission by Officer Mohammadian, on 19/4/88 [10 July 2009], and by Officer
Khamisabadi on 20/4/88 [11 July 2009].
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1-13. Despite the presence of a physician in Kahrizak, conditions at the detention centre
was extremely unsanitary and a foul odor saturated the air inside the quarantine.
The detainees were routinely denied request for transfer to the infirmary, and those
who were granted medical attention, were not treated properly and the prescribed
medications were not provided to them.
1-14. There was no carpet or rug in the quarantine, and all detainees were walking
barefoot. As a result of the unsanitary conditions, all detainees developed eye
infections and some had fainted with froth coming out of their mouths.
1-15. According to the complainants, a number of prisoners classified as thugs and louts
who shared the quarantine with them, roamed around fully or partially naked. This
also indicates the authorities’ negligence and careless attitude in respect of moral
and religious standards at the detention centre.
1-16. There were no opportunities and/or proper areas at the detention centre for
performing obligatory prayers and/or other religious observances.
1-17. From the time of the detainees’ arrest, until their transfer to Evin prison, their
families were worried and bewildered, not having any knowledge of their
children’s fate and whereabouts. Hoping to locate their children, the families
contacted the Coroner’s Office, courts, hospitals, and medical emergency units.
Despite the fact that every detainee had provided two addresses and two telephone
numbers at the time of their admission, no steps were taken [to inform their
respective families].
1-18. Physical evidence of assault on bodies of some of the detainees, despite the passage
of months from infliction of the wounds in Kahrizak, was observed during the
inquiry. The evidence of wounds were also recorded and verified by the forensic
report issued by the Coroner’s Office. (pp. 629, 639, 786, 878, 978, etc.)
1-19. Despite the efforts of some detainees in drawing to attention of the guards the
critical condition of some of the detainees, the authorities in charge of the transfer
of prisoners from Kahrizak to Evin prison (including Officer Ganjbakhsh and
Rahsepar) were grossly indifferent towards the general condition of the detainees
and continued harassing and insulting them.
1-20. The said officers in charge of the transfer denied prisoners of water. And once at
Evin, while the late Rohulamini was already in coma upon arrival, Officer
Ganjbakhsh again dealt with the matter with complete disregard.
1-21. Lieutenant-colonel Kamijani, who was fully aware of the assaults and injuries
inflicted upon the detainees by the officers, subsequent to the death of one of the
detainees named Amir Javadifar, in order to shirk responsibility and fabricate the
cause of death as meningitis, approached the head of the Medical Clinic at the
FATEB Unit, Dr. Farahmandpour, and asked him to confirm Javadifar’s cause of
death as meningitis, and the place of death in Kahrizak. To this end, Colonel
Kamijani went as far as preparing a written text and asking Dr. Farahmandpour to
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sign it, which he declined. Subsequently, Colonel Toumari, administrator at
Commander Rajabzadeh’s office, contacted Dr. Farhmandpour by phone and asked
him to sign the report, which he again declined. Lieutenant-colonel Kamijani then
approached Dr. Pourandarjani, staff physician at Kahrizak infirmary, and asked him
to sign the report. Dr. Pourandarjani also declined the request of the head of the
prison.
Ultimately, a fabricated report addressed to the Public and Revolutionary
Prosecutor of Tehran was prepared by Colonel Fallah and signed by Lieutenantcolonel
Kamijani. The report indicated that “1. Mohsen Rohulamini, subsequent to
his arrival to Evin, in front of other detainees from the quarantine, developed
compulsion and was transferred by the prison infirmary to the Shohada-y Tajrish
Hospital; 2. According to the diagnosis of all three hospitals, i.e., Mehr, Shohada-y
Tajrish, and Loghman, the three detainees died as a result of meningitis, and the
cause of death was determined and declared to be the said illness; 3. The infirmary
at Kahrizak also reported the primary reason for the death of detainee Javadifar as
respiratory condition, meningitis, and heart failure; 4. No assault and/or injuries
were inflicted upon the detainees at the facilities.” (pp. 2691-2692, Vol. 14 of the
file)
It is noted that the accused Fallah and Kamijani claim that the text of the fabricated
report was given to them by the former Public Prosecutor of Tehran, Mr. Saeed
Mortazavi, and that it was Mr. Mortazavi who had asked them to submit such
report as it was in the best interest of the Public Prosecutor of Tehran. (p. 1814,
Vol. 9 of file) Furthermore, according to page 1985, volume 10 of the file, Colonel
Fallah claims the Tehran’s Public Prosecutor’s Office had contacted Commander
Rajabzadeh’s office and conveyed to them the wishes of the Prosecutor of Tehran,
subsequent to which Commander Rajabzadeh instructed that the request be
complied with.
2- The admission processes of the post-election detainees at Kahrizak:
2-1. On 25/3/88 [15 June 2009], Masoud Mir Razavi was the first individual to be
admitted as a result of the post-election incidents at Kahrizak by the security police
of FATEB. He was subsequently released from prison on 20/4/88 [11 July 2009].
While in custody, the named individual was detained in different wards among
those classified as tugs and louts.
2-2. On 29/3/88 [19 June 2009], a group of 11 arrested during the unrest in Tehran
(prior to 18 Tir [9 July]) listed as Hesam Kamangar, Amir Arsalan
Mohammadzadeh, Hossein Mahmoodi, Amin Shafi’i, Ali Azimi, Arvin Alizadeh,
Mohammad Reza Moniri, Hassan Razzaghi, Seyed Abozar Mousavi, Sattar Rahimi,
and Akbar Ezzati were also sent to this detention centre. They were transferred
after 11 days [?], on 6/4/88 [27 June 2009], to Evin prison. During the period in
custody at Kahrizak, these individuals were detained among 26 prisoners classified
as tugs and louts in Ward 3.
2-3. Again on 29/3/88 [19 June 2009], two individuals named Pouria Hossein and Medi
Mohammadifar were sent to Kahrizak, and were subsequently transferred to Evin
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prison on 6/4/88 [27 June 2009]. These individuals were also held in wards
designated to tugs and louts.
2-4. On 3/4/88 [24 June 2009], 9 individuals listed as Amir Hossein Babaie, Amir
Sohrabi, Yaghoub Salimi, Nima Nakhosteen, Ramin Aghazadeh Ghahremani,
Majid Nakhosteen, Hujjat Darvishi, Majid Sohrabi, and Saman Abouzari were sent
to Kahrizak for detention. These individuals were transferred to Evin prison on
6/4/88 [27 June 2009], and subsequently released from there on 8/4/88 [29 June
2009].
2-5. At 15:30, on 19/4/88 [10 July 2009], 22 individuals listed as Morteza
Mohammadipour, Amir Asghari, Mehdi Pourshaboumi, Morteza Sohrabi, Ali
Bakhshayeshi, Hamed Pouladi, Shahram Kurdestanchi, Hafez Mohtaj, Vahid
Vakili, Siavash Yousefshahi, Bahman Omidvar, Behzad Ansari, Nader Ahmadi,
Amir Aghcheloo, Mohamad Balazadeh, Nader Javalani, Milad Haghpour, Alireza
Ardalan, Mohammad Reza Mirza Aliakbar, Sajjad Nour Mohammadabadi,
Faramarz Mafakheri, Davood Mansouri were admitted to Kahrizak by the security
police. After the admission process, the above individuals were divided into groups
and sent to wards designated to thugs and louts.
2-6. At 18:30 on the same date, 19/4/88 [10 July 2009], 118 other 18 Tir [9 July]
arrestees (refer to the detention records for list of names) were transferred to
Kahrizak detention facilities by the security police. They were detained in the
quarantine unit.
2-7. At 22:00, again on 19/4/88 [10 July 2009], 5 other individuals named Yousef
Emami, Hamed Naderi, Ahmad Zamanpour, Sajjad Abadi Azar, and Shahram
Rezaie were admitted to Kahrizak detention centre by the security police.
2-8. The 145 individuals admitted at Kahrizak detention centre at three different periods
on 19/4/88 [10 July 2009], were transferred after five days, on 23 Tir 88 [14 July
2009], to Evin prison at the request of the Deputy to Public and Revolutionary
Prosecutor of Tehran for Security Affairs. Three of the detainees died.
3- Statements of the complainants and witnesses concerning assaults and injuries
relating to the detainees:
Following the death of the three detainees and subsequent to gradual release of other
accused arrested during the unrest, in addition to the next of kin of the three victims, 98 of
the former detainees filed a formal complaint.
The complainants claim that at the time of admission in Kahrizak they were subject to
verbal abuse as well as physical assault; that they were forced to strip naked before others,
and were then taken to the 65 sq. meters quarantine area where 37 inmates classified as
tugs and louts were also added to their midst. Moreover, the complainants claim that there
were no opportunities given to them for performing their obligatory religious rites, i.e.,
daily prayers, during the course of their detention; also, that they were deprived of proper
nutrition. Each day they were given two meals comprised of one potato and some bread,
and the water provided to them was unsanitary.
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One of the complainants named Mir Masourd Razavi, has stated in his grievance that the
guard on duty, after the admission process, buried him up to his waist in a ditch outside the
detention facility and kept him in that position from 8 p.m. on 25/3/88 [15 June 2009], until
6 a.m. on 26/3/88 [16 June 2009], for 10 hours without food, water or supervision. During
the inquiries, the said guard, Sergeant Hosseinifar, admitted to have committed the act in
accordance with the orders of the Head of Kahrizak Detention Centre. However, when
confronted [with his superior], as recorded on p. 2260 of the file, the Officer changed his
story and stated that he had committed this act on his own volition, due to his own personal
state of anxiety.
It should be noted that 51 complainants withdrew charges during the investigation process.
However, the three victims’ next of kin and the remaining complainants proceeded with the
motion.
The complainants: Messrs Morteza Sohrabi (p. 92, Vol. 1); Hamed Naderi (p. 96, Vol. 1);
Hamed Pouladi (p. 97, Vol. 1); Saman Mahami (p. 97, Vol. 1); Mohammad Hossein
Rashidnia (p. 209, Vol. 2); Nima Vaziri (p. 211, Vol. 2); Farid Ebrahimzadeh (p. 217, Vol.
2); Emad Yeganeh (p. 258, Vol. 2); Hamed Sadruddini (p. 274, Vol. 2); Davood Mansouri
(p. 277, Vol. 2); Shahin Fathi (p. 292, Vol. 2); Reza Zoughi (p. 378, Vol. 2); Hossein
Emami Taleghani (p. 411, Vol. 2); Amir Aghcheloo (p. 588, Vol. 3); Masourd Alizadeh (p.
576, Vol. 3); Milad Hosseini (p. 683, Vol. 4); Seyed Ashkan Khorasani (p. 637, Vol. 4);
Maisam Kargar (p. 643, Vol. 4); Ali Najjari (p. 681, Vol. 4); Alireza Hosseinian (p. 720,
Vol. 4); Houman Rajjabi (p 726, Vol. 4); Hatef Soltani (p. 730, Vol. 4); Taha Zaynali (p.
735, Vol. 4); Mehdi Bahmanzadeh (p.849, Vol. 5); Reza Ahmadi (p. 751, Vol. 4); Saman
Ganji (p. 854, Vol. 5); Alireza Esfahani (p. 868, Vol. 5); Nader Najafi (p. 1139, Vol. 6);
Payman Shahnabi (p. 1154, Vol. 6); Mohammad Mohammadpour (p. 1270, Vol. 9);
Hossein Nasr Esfahani (p. 1029, Vol. 10); Davood Mansouri (p. 1186, Vol. 9); Faramarz
Mafakheri (p. 90, Vol. 1); Hossein Baghban (p. 155, Vol. 1); Saman Mahami (p. 222, Vol.
2); Reza Ebrahimrad (p. 239, Vol. 2); Mehdi Maleki (p. 349, Vol. 2); Ali Akbar
Khoshakhlagh (p. 380, Vol. 2); Mohammad Farokhi Yeghaneh (p, 499, Vol. 3); Hamed
Zandifar (p. 505, Vol. 3); Mohammad Sadeghlou (p. 766, Vol. 4); Hamid Hajjarha (p, 781,
Vol. 4); Mohammad Mohammadi (p. 815, Vol. 5); Ahmad Zamanpour (p, 744, Vol. 5);
Sadegh Solati (p. 1128, Vol. 6); and Mohammad Farrokhi Yeganeh (p. 499, Vol. 3) have
collectively testified to the committal of assaults by the accused persons using batons
causing injuries; battering with fists and kicks; assault using belts and PVC pipes; physical
confrontations and chastisements [of the detainees] by forcing them to frog jump (on two
legs or one leg only) barefoot, and by forcing the detainees to go around on all fours on hot
asphalt at noon. A summary of the statements of the above witnesses can be found on pp.
40-92 on the conviction order.
Furthermore, the next of kin of the three victims have asked for retribution. (pp. 689, 1123,
and 1174 of the file)
4- Summary of the victims’ condition and cause of death:
4-1. The late Mohsen Ruholamini, born 1363 [1984], 25, was arrested and detained on
19/4/88 [10 July 2009] in Kahrizak under a temporary detention order issued by the
security prosecutor of Tehran. Due to assault and injuries at Kahrizak, his physical
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condition was critical. The authorities in charge, however, not only ignored his
condition but subjected him to repeated abuse, to the point that prior to his
admission to Evin prison on 23/4/88 [14 July 2009], and resulting from blows and
injuries as well as harsh treatment in Kahrizak, he had gone into a state of coma.
The authorities, however, with unjustified delay and procrastination, finally
transferred him to Shohaday-e Tajrish Hospital and falsely identified him as an
‘unknown’ person. The aforementioned dies at 6:10 a.m. on 24/4/88 [15 July 2009]
at the hospital. The autopsy report, pp. 655-657, Vol. 4 of the file, verified severe
injuries caused by multiple blows to the body. Furthermore, a commission at the
Coroner’s Office comprised of 13 expert forensic physicians, while confirming the
evidence of injuries resulting from multiple blows to the body, declared the cause
of death as, “A result of physical and psychological stress, including severe injuries
to the body and the effect of being held in bad conditions, the deceased developed
systematic inflammatory reactions to severe trauma, resulting in the failure of vital
organs, ultimately costing his life. Moreover, neither the tests at the hospital nor
the forensic reports indicate the existence of any infection in the blood stream
and/or signs of meningitis. Accordingly, the cause of death is hereby determined as
multiple injuries and severe blows to the body and being struck by hard object.”
(p.650, Vol. 4)
In response to the investigating officer, a medical commission of the Coroner’s
Office, comprised of seven expert forensic physicians, declared the cause of
[Rohulamini’s] death as the sum of blows and injuries inflicted upon him in the 72-hour period prior to his death. (p. 2250, Vol. 11)
4-2. The late Amir Javadifar, born 1363 [1984], 25, was arrested and detained on
19/4/88 [10 July 2009] in Kahrizak under a temporary detention order issued by the
security prosecutor of Tehran. He suffered from poor physical and general
condition due to assault and injuries sustained at the time of arrest, and further
blows and trauma while at Kahrizak. He died on 23/4/88 [14 July 2009] at 12:15
p.m. on the bus while being transferred from Kahrizak to the Evin prison, resulting
from sever injuries to the body and being held in bad conditions at the detention
centre. The autopsy report, pp. 653-654, Vol. 4, verified severe injuries caused by
multiple blows to the body. Furthermore, a commission at the Coroner’s Office
comprised of 13 expert forensic physicians, while confirming the evidence of
injuries resulting from multiple blows to the body, declared the cause of death as,
“A result of blunt trauma to soft tissues and struck by hard object.” (p. 652, Vol. 4)
In response to the investigating officer, a medical commission of the Coroner’s
Office, comprised of seven expert forensic physicians, declared the cause of
[Javadifar’s] death as the sum of blows and injuries inflicted upon him in the 72-hour period prior to his death. (p. 2250, Vol. 11)
4-3. The late Mohammad Kamrani, born 1370 [1991], 18, was arrested and detained
on 19/4/88 [10 July 2009] in Kahrizak under a temporary detention order issued by
the security prosecutor of Tehran. Subsequent to four days of detention in
Kahrizak, upon arrival at the Evin prison, the deceased goes into the state of coma.
He was first taken to Lughman Hakim Hospital and then moved to Mehr Hospital
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by his father. He dies on 25/4/88 [16 July 2009]. The autopsy report confirmed
severe injuries and multiple blows to the body. (p. 659, Vol. 4)
A commission of the Coroner’s Office, comprised of 13 expert forensic physicians,
while confirming the evidence of injuries resulting from multiple blows to the
body, declared the cause of death as, “Acute kidney failure due to trauma to the
muscle tissues as a result of being struck by hard object.” (p. 651, Vol. 4)
In response to the investigating officer, a medical commission of the Coroner’s
Office, comprised of seven expert forensic physicians, declared the cause of
[Kamrani’s] death as the sum of blows and injuries inflicted upon him in the 72-hour period prior to his death. (p. 2249, Vol. 11)
5- Results of the investigations from the accused:
5-1. Lieutenant-colonel Faraj Kamijani, Head of Kahrizak Detention Centre
Despite the limited capacity of the detention centre, the named individual issued an
order regarding the admission of those captured during the unrest [to the Kahrizak
facility]. He explained his action as following orders issued by Commander
Rajabzadeh which was communicated to him by Colonel Amerian. According to
the admissions made by the officers and based on the evidence provided by the
complainants, Lieutenant-colonel Faraj Kamijani issued order of assault and
battering of the detainees. During the inquiries, the above named Lieutenantcolonel
stated that all of the FATEB supervisory authorities were aware of the
situation in Kahrizak, and that actions were carried out in coordination with those
authorities. With regards to lack of food and nutrition for the detainees, while
holding the commanding authorities responsible for the decision, he stated: “That
was not a detention centre; they had made it into a pig house! They provided the
centre with two tanks of water daily and sent two meals for the detainees. The
Lieutenant-colonel admitted to having filed a false report to Tehran’s Public
Prosecutor’s Office at the time as per the instructions of Colonel Fallah, stating:
“Based on the report issued by Mehr, Lughman, and Shohaday-e Tajrish Hospitals,
all three accused died as a result of meningitis. Furthermore, the infirmary at
Kahrizak determined the primary cause of death for Javadifar as meningitis and
heart failure. There were no assault and/or battering inflicted upon the detainees in
prison.”
Based on the file documents and evidence provided by the witnesses, the above
named was present at the detention centre and personally witnessed the brutal
assault inflicted upon the detainees by the officers in charge of the detention centre.
(pp. 897, 993, 997, 1005, 1215, 1563, 1724, 1848, 2414-2417, Vol. 12)
5-2. Officer Khamisabadi, guard on duty on 20 and 23/4/88 [14 July 2009]
At 13:00, on 20/4/88 [11 July 2009], the said officer removed the detainees from
the quarantine unit to walk barefoot on the hot asphalt outside. He made the
detainees do frog jumps (on one or two legs), walk on all fours, and forced a few to
carry others on their back. Whoever did not comply was beaten by a PVC pipe.
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The officer claims that the order to assault and injure the detainees was given to
him by Lieutenant-colonel Kamijani. Some of the complainants also verified this
claim.
Furthermore, on that same date, at 22:00, Officer Khamisabadi removed three of
the detainees by the names of Masoud Alizadeh, Saman Mahami, and Ahmad
Balouchi under the pretext of disorderly behaviour and severely assaulted them. He
then ordered that they be hung from their feet and beaten by pipes. The officer,
together with Mohammad Karami (accused number 11), and 3rd Lieutenant
Ganjbakhsh engaged in beating and injuring the three detainees. (pp. 166, and 927,
Vol. 5; p. 1163, Vol. 6; p. 1354, Vol. 7; p. 1789, Vol. 9; and p. 893 of the file)
During the inquiries, as per page 933, Vol. 5, Officer Khamisabadi made direct
admissions to his involvement in assaulting and causing injuries to the detainees,
and stated that Colonel Fallah, Lieutenant-colonel Kamijani, and the head of the
detention centre ordered him to use violence against the prisoners and have no
mercy, otherwise he would be chastised and disciplined accordingly. Furthermore,
as per p. 166, Vol. 1; and in a face to face session with some of the complainants,
as in p. 893, and 927, Vol. 5; pp. 1165, 1167, and 1219, Vol. 6; p. 1354, Vol. 7; pp.
1788, and 1790, Vol. 9; and p. 2361, Vol. 12, the accused accepted responsibility
for participation in assault causing injuries.
5-3. Officer Ebrahim Mohammadian, guard on duty on 19 and 22/4/88 [13 July 2009]
According to the evidence, on 19/4/88 [10 July 2009], the said officer in charge of
admission ordered the detainees to strip naked and subject them to assault causing
injuries. During the inquiries, Officer Mohammadian made direct admissions to his
involvement in assaulting and causing injuries to the detainees and stated that he
took such measures as routine conduct in the detention centre. (pp. 936-944, and
1002, Vol. 5; and p. 1359, Vol. 7 of the file)
The named officer was also on duty on 22/4/88 [13 July 2009], when he removed
the detainees from the quarantine unit under the pretext of updating the records, and
along with Mohammad Karami engaged in beating the detainees with PVC pipes
and causing injuries upon them. Furthermore, as per page 889, Vol. 5 of the file
documents, and in a face to face session with a number of complainants as in page
936, Vol. 5; p. 1358, Vol. 7; and p. 2360, Vol. 12, Officer Mohammadian accepted
responsibly for participation in assault causing injuries.
5-4. Civilian Mohammad Reza Karami (known as Mohammad Taifil)
This individual, a detainee classified under ‘thugs and louts,’ with previous
criminal record, was appointed by the head of [Kahrizak] prison, Lieutenantcolonel
Kamijani, as the detention warden. During the inquiries, he admitted that
according to the instructions of the prison authorities he verbally harassed the
detainees and subjected them to assault and injuries by using PVC pipes.
Furthermore, he admitted that he hung three of the detainees by the names of
Masoud Alizadeh, Saman Mahami, and Ahmad Balouchi by foot for physical
punishment. He used any excuse to harass and abuse the detainees. (pp. 1348,
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2407-2409 of the file) From 19/4/88 [10 July 2009] until 23/4/88 [14 July 2009],
together with the guard on duty, the aforementioned subjected all the detainees to
assault causing injuries. According to p. 770, Vol. 4; and p. 2407, Vol. 2, the
accused has made admissions to assault causing injuries on one of the
complainants. Moreover, during face to face sessions with some of the
complainants, as per p. 872, Vol. 4, the accused has accepted responsibility for
participation in assault causing injuries.
5-5. Colonel Ravanbakhsh Fallah, Head of Inspections of FATEB:
Colonel Fallah has admitted that on 19/4/88 [10 July 2009], subsequent to a
telephone communication from Commander Rajabzadeh’s office pertaining to
admission at Kahrizak of the arrestees of the unrest, he relayed the order of
Commander Rajabzadeh to Colonel Amerian. He has further admitted that after
coordinating with Commander Rajabzadeh, in keeping with the order of the Public
Prosecutor of Tehran, he prepared a false report regarding the cause of death of the
deceased, indicating that no assault and/or injuries was sustained by the detainees.
He then gave the report to Lieutenant-colonel Kamijani for signing. (pp. 1015,
1158, 1814-1816, 2458, and 2459, as well as the record of the face to face meeting
between Commander Rajabzadeh and Colonel Fallah as per page 1985, Vol. 10)
According to page 1814, Vol. 9, Colonel Fallah admitted that Mr. Mortazavi, the
Prosecutor of Tehran at the time, told him that for expediency purposes such a letter
should be prepared, and that the content of the letter was dictated to him by Mr.
Mortazavi himself.
5-6. Colonel Mohammad Amerian, FATEB Director of Operations for [prison]
Inspections:
Colonel Amerian has admitted that on 19/4/88 [10 July 2009], subsequent to a
telephone call from a Deputy Commander of the Law Enforcement in Greater
Tehran pertaining to instructions of Rajabzadeh, and after a phone call from
Colonel Fallah, the Head of the Inspections of FATEB, issued an order to the guard
on duty with regards to admission of the arrestees to Kahrizak despite lack of space
and substandard conditions of the facility. Furthermore, he was present at the
Kahrizak on 21/4/88 [12 July 2009] and, despite his inspection of the facility and
the quarantine with Lieutenant-colonel Kamijani, according to Kamijani’s evidence
on page 2314, and 2440, Vol. 12, and regardless of having full knowledge of the
water, food, hygiene, and medical care requirements, and overall dreadful situation
at hand, took no action to remedy the dire conditions. (pp. 431, 1007, 1156, 1721,
2434, and 2435, Vol. 12 of the file)
5-7. Lieutenant-general Azizollah Rajabzadeh, Commander in Chief of the Law
Enforcement in the Greater Tehran
During the inquiries, the said Lieutenant-general briefly mentioned that the
predetermined manner of treating the detainees was not approved by him.
Therefore, in April 2009, he had issued an order that the officers should not assault
or injure the detainees. During the course of his rank as a commander until the
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closure of the facility, he inspected Kahrizak only once. Considering that
Lieutenant-general Rajabzadeh held the position as the Commander in Chief of the
Law Enforcement in Greater Tehran, and that the detention centre was operated
under the supervision of the said force, Rajabzadeh failed to present any convincing
argument in his defence and continued to shirk responsibility.
Concerning the false report, the record of the face to face session between Colonel
Fallah and Lieutenant-general Rajabzadeh, as per page 1985, Vol. 10, indicates that
it was according to the order of Lieutenant-general Rajabzadeh that Colonel Fallah
prepared the false report and had it signed by Lieutenant-colonel Kamijani before
sending it to the then Prosecutor of Tehran. (pp. 1300, 1502-1506, and 1987, Vol.
10)
5-8. Officer Kazem Ganjbakhsh, deputy guard on 19/4/88 [10 July 2009]
On 19/4/88 [10 July 2009], during the arrestees’ admission process, the
aforementioned officer subjected the detainees to assault and verbal abuse.
Furthermore, on 20/4/88 [11 July 2009], along with Officer Khamisabadi, removed
Masoud Alizadeh from the quarantine and inflicted assault and injuries on him.
The officer was also in charge of transferring the detainees from Kahrizak to Evin
prison, who regardless of the detainees’ critical physical conditions confronted
them with aggression. The witnesses gave evidence to the above during
investigations. (p. 889, Vol. 5; pp. 1217, and 811-813, Vol. 4; and 2425-2426, Vol.
12)
5-9. Officer Akbar Rahsepar, deputy guard on 19/4/88 [10 July 2009]
The named officer was a staff member at Kahrizak Detention Centre, and on
19/4/88 [10 July 2009], as a deputy to the guard in charge, inflicted assault and
injuries on the detainees. Furthermore, on 23/4/88 [14 July 2009], he was also in
charge of transferring the detainees to Evin prison, during which time he continued
his harsh treatment and verbal abuse of the detainees, and despite the critical
condition of late Javadifar in the bus, and irrespective of repeated requests by other
detainees, made no efforts in transferring him to the emergency unit, which resulted
in Ami Javdifar demise in the bus. Subsequent to his death, the body was returned
to Kahrizak in a van.
The mentioned officer has admitted to participation in assault causing injuries, and
during the subsequent investigation the witnesses testified accordingly. (pp. 601,
824, 1002, 1379, 1840 of the file)
5-10. Officer Hamid Zandi, guard on duty on 26/3/88 [16 June 2009]
The mentioned officer ordered the detainees to strip naked during admission and
inflicted assault and injuries on them. The said officer admitted to participation in
assault causing injuries, and in stripping the detainees as a routine measure. (pp.
919, 1037, 1766, 1772, 2420, and 2421, Vol. 12)
5-11. Officer Majid Varvaie, storekeeper at the detention centre
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The named officer was a prison storekeeper at Kahrizak. According to the
statements and testimonies of a number of complainants, on 6/4/88 [27 June 2009],
during the transfer of the detainees to Evin prison, the officer assaulted and injured
the detainees and subjected them to verbal abuse. In light of the evidence provided
by the witnesses and informants, as per pp. 2331-2336, Vol. 12, his guilt is evident
and his denial unsubstantiated.
5-12. Sergeant Mehdi Hosseinifar, guard on duty on 25/3/88 [15 June 2009]
The named Sergeant made direct admissions during the investigations to have
taken, with the intention to threat and create fear, one of the detainees, i.e., Seyed
Masoud Razavi, to the area outside the detention centre, where he put the detainee
in a ditch and covered his sides with dirt, leaving him in that condition unattended
until the next day when he returned and removed him from the ditch and in between
dirt and rocks. Furthermore, he admitted to have participated in assault causing
injuries on detainees. (pp. 926, 996-998, 1241, 1234, 1780, 1516, 1697, 1705,
2422-2423 of the file)
C) Grounds for charges against the accused:
1- Charge of murder against Officer Mohammad Khamisabadi, Officer Ebrahim
Mohammadian, and Civilian Mohammad Reza Karami:
Considering file documents and in light of the investigations, other than the three above
mentioned accused, the others (Officer Seyed Kazem Ganjbakhsh, Officer Akbar Rahsepar,
Officer Hamid Zandi, Sergeant Seyed Mehdi Hosseinifar, and Officer Majid Varvaie) had
not been involved in the assault and abuse of the three deceased. The accused persons
Kazem Ganjbakhsh and Mehdi Hosseinifar assaulted and injured a number of other
detainees, but not the deceased, and have managed to get consent from some of the
complainants. Furthermore, the accused Majid Varvaie and Akbar Rahsepar were
attendants and in charge of accompanying the prisoners and they participated in the assault
of a specific number of detainees only during the admission process, outside the ward and
the quarantine, and at the time of the detainees’ transfer from Kahrizak to Evin. With
respect to Officer Hamid Zandi, at the time of the arrest of the 18 Tir 88 [9 July 2009]
detainees, he was off duty and his charges of assault causing injuries pertain to the
detainees prior to 18 Tir [9 July]. As such, the charges of assault causing injuries resulting
in loss of life of three deceased pertain to Officer Mohammad Khamisabadi, Officer
Ebrahim Mohammadian, and Civilian Mohammad Karami, and their guilt therein is proven
and confirmed. As per the following reasons the murder [of the three victims] is
considered willful and intentional and subject to section ‘b’ of article 206 of the Islamic
Penal Code:
1-1. Concerning the charges of assault with intent causing injuries resulting in the
murder of three detainees, the records indicate that Officers Ebrahim
Mohammadian and Mohammad Khamisabadi were officers on duty during the time
of the incarceration of the detainees (from 9/4/88 [30 June 2009], to 23/4/88 [14
July 2009]), and that Mohammad Karami was present as the warden inside the
prison. As such, considering the views of the seven-member-commission of the
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Coroner’s Office, that the injuries were caused 72 hours prior to the death, and
were in fact the cause of death, and further considering the date of their demise on
23, 24, and 25/4/88 [14,15 & 16 July 2009] respectively, the accused
(Khamisabadi, Mohammadian, and Karami) are found guilty as charged.
1-2. Prison guards on duty are responsible for control and supervision of the prisoners,
and among prison staff, other that the head of prison, the guards on duty are the
only ones who can enter and exit the quarantine units and other wards.
Furthermore, these officers have the sole responsibility of requesting medical
assistance and allowing medical staff to enter the wards. Considering file
documents and evidence provided by the complainants, bulk of the assaults and
injuries were inflicted upon the detainees by prison guards and the warden
(Mohammad Karami). As per pages 90, 91, and 92 a number of complainants have
identified the three accused during the investigations at NAJA. As such, the three
accused are found guilty as charged for assault causing injuries against the victims.
1-3. The dreadful condition of the quarantine where the detainees (including the three
deceased) were held, i.e., lack of hygiene, poor nutrition, pollution and bad air
quality in the summer heat, absence of air ventilation, substandard drinking water,
and absence of medication and medical care, and other related elements that are
considered basic needs and requirements, were detrimental to the rapid decline of
the detainees’ physical strength and endurance against the force of assault and
injuries. Report from the forensic commission established a nexus between assaults
causing injuries and death of the victims as a result of the actions of three accused.
1-4. Considering that Kahrizak detention centre was designated for detainees classified
under ‘thugs and louts’ and that assault causing injuries against the detainees had
become a normal practice there, and the incidents that had taken place at the facility
prior to elections were neither reported nor investigated, the authorities did not take
responsibility for their actions and therefore this form of conduct became norm at
the detention centre. Presuming that they would never have to answer for their
actions, the prison authorities subjected the detainees, including the three deceased,
to assaults and injuries.
1-5. A number of the complainants have reported words spoken by the detention
authorities to the effect of “some of them will die in prison,” or “they [the
detainees] should give their numbers so that their families can come collect their
dead bodies,” which indicate criminal intent (assault and injuries) by the prison
authorities.
1-6. Given that the three accused willfully and intentionally assaulted and injured the
deceased, and that impact of their conduct, in light of the above item 1.3, would
naturally be fatal, the result of their actions, i.e., death [of the detainees], is
considered willful and intentional. According to the opinions ensued from the
Judicial Administrative Office of the Judiciary, ref. 7/8667, dated 14/8/1384 [5
November 2005], and 7/4981, dated 16/7/1384 [8 October 2005], ‘where an action
is done willfully and intentionally, the outcome of such action, be it murder,
assault, or injury, is considered willful and with intent.’
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1-7. Considering that forensic report of the Coroner’s Office identified the cause of
death as the sum of the blows and wounds inflicted 72 hours prior to the death of
victims, and that during the period in question all three accused engaged in
inflicting assaults causing injuries to the deceased, pursuant to articles 214 and 215
of the Islamic Penal Code, and notwithstanding the type, intensity, and number of
blows, their direct involvement in the murder of the three victims is proven and
confirmed.
1-8. In view of the circumstances at the detention centre and the physical conditions of
the deceased during their detention, and the manner in which assaults and injuries
were inflicted upon them by the accused, resulting in the demise of the victims, the
conduct of the three accused is subject to prosecution under section ‘b’ of article
206 of the Islamic Penal Code.
2- The matter of negligence and disregard for government regulations resulting in
bodily harm and loss of life:
Lieutenant-general Azizollah Rajabzadeh, as the Chief Commander of the Law
Enforcement in Greater Tehran; Colonel Ravanbakhsh Fallah, as the FATEB Head of
Inspection; and Colonel Mohammad Amerian, as the FATEB Director of Operations for
[prison] Inspections were officers with duties invested on them by virtue of their positions,as commanding officer, manager and supervisor of units under their jurisdiction, including
the Kahrizak Detention Centre, and it was as a result of their negligence and carelessness in
performing their duties that officials and guards in charge acted contrary to the guidelines
pertaining to the administration and operation of a prison, i.e., to refrain from using force or
violence against those in custody (as per pages 1083, 1106, and 112, Vol. 6), and thereby
breached the code of conduct and subjected the detainees to assault and injuries, resulting
in the murder of three, and multiple cases of injuries. It is clear that, should the
aforementioned accused carried out their duties and responsibilities [according to the
guidelines] and effectively managed and supervised the officers and guards on duty, and if
they observed mistreatment of the detainees by the officers held them responsible for their
actions, the practice of assault and violence against the detainees would not have turned
into routine conduct. Moreover, the fact that management and supervision of the detention
centre was assigned to the inspection unit, does not remove the responsibility from the
Commanding Law Enforcement in the Greater Tehran, given that, according to article 4 of
the Armed Forces Discipline Act, the Law Enforcement agency is responsible for the
conduct of units under its jurisdiction.
3- The matter of false reporting and authorizing such report:
Concerning the said charges, details of which was outlined above in section 1.21 of this
indictment, and given direct admissions of the accused, Colonels Ravanbakhsh Fallah and
Faraj Kamijani, (as per pages 967, 1017, 1019, Vol, 5; 1158, Vol. 6; and 1864-1865, Vol.
9) and the claim of Colonel Fallah with respect to a phone call from Lieutenant-general
Rajabzadeh and the issue of the instructions of the former Public Prosecutor of Tehran
concerning preparation of a report regarding the death of the deceased and Lieutenantgeneral
Rajabzadeh’s response pertaining to cooperation with the Public Prosecutor at the
time (pp. 1814-1815, Vol. 9) and the implicit admissions of Lieutenant-general Rajabzadeh
as per pages 1985, Vol. 10, the charges against Lieutenant-general Rajabzadeh for
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authorizing false report, and those against Colonels Ravanbakhsh Fallah and Faraj
Kamijani for co-conspiracy in preparing and filing false report is proven and confirmed.
4- The matter of denying the prisoners of their legitimate Constitutional rights and
violation of their rights as citizens:
According to articles 22 and 39 of the Constitution, the dignity, life, and rights of the
individual are inviolate, and all affronts to dignity and repute of persons arrested, detained,
imprisoned, in any shape or form, are forbidden and subject to punishment. Moreover,
according to articles 4 and 5 of respect to legitimate rights and protection of rights of
citizens, it is essential that treatment of those who are charged and/or have committed an
offence be in accordance with moral and Islamic standards, and that their families be
informed of their arrest. However, according to information on the file as described
previously, the principles of these laws were violated resulting from the actions of the
accused.
5- The matter of assault causing injuries and verbal harassment (belittling and
demeaning) against the complainants, and authorizing act of violence causing physical
harm:
In light of the grievances put forth by the complainants, testimonies of the witnesses,
forensic reports of the Coroner’s Office (pp. 628, 639, 866, 878, 1322, 1490, 1530, 2118,
2338, 2536, etc.) and direct admissions of the accused to participation in assault causing
injuries against the detainees, the charges of assault causing injuries and verbal harassment
pertaining to Officer Mohammad Khamisabadi, Officer Ebrahim Mohammadian, 3rd
Lieutenant Seyed Kazem Gangbakhsh, Officer Akbar Rahsepar, Officer Hamid Zandi,
Sergeant-major Seyed Mehdi Hosseinifar, Officer Majid Varvaie, and Civilian Mohammad
Reza Karami is proven and confirmed. Particulars of this count have been explained in
detail previously in this indictment in section 3, and 5.5 to 5.12.
With regards to charges against Lieutenant-colonel Faraj Kamijani (Head of Kahrizak)
pertaining to authorizing violence and assault against the detainee, considering the claims
made by some of the accused, including Officer Mohammad Khamisabadi (pp. 927, Vol. 5;
1354, Vol. 7; and 2361, Vol. 12), and Sergeant-major Seyed Mehdi Hosseinifar (pp. 1518,
Vol. 7; 1778, Vol. 9; and 2260, Vol. 12), the act to authorize violence and assault against
the detainees by the Head of the Detention Centre (Kamijani) is confirmed. Moreover, a
number of complainants testified that the act of assault causing injuries was done in the
presence of Lieutenant-colonel Kamijani. As such, charges against Lieutenant-colonel
Kamijani of authorizing assault causing injuries is proven and confirmed.
6- The issue of creating public mistrust against NAJA [Islamic Republic of Iran’s Law
Enforcement]:
The mismanagement and lack of proper supervision over the affairs of the detention centre
by FATEB inspection officials and detention authorities; the conditions of the prison with
respect to hygiene, nutrition, medication and medical care; the unjustified treatments of the
detainees by the staff on duty, including assault causing injuries, verbal abuse and
harassment, affronts to dignity of the detainees, and denial of the detainees’ basic needs and
requirements; and other similar acts as outlined in the conviction order and the indictment,
Complete Text of the Indictment of Tehran Military Prosecutor Against
12 Persons Responsible for the Kahrizak Tragedy
Page 21 of 21
such as the death of three of the detainees as a result of assaults and blows by the prison
guards, the news of which was made public by the media, and which ultimately resulted in
the issuance of an order by the Supreme Leader for the closure of Kahrizak, and
considering that Kahrizak prison was under the management and supervision of the Law
Enforcement agency, created mistrust in public opinion against NAJA, particularly for the
detainees and their families.
Therefore, all of the charges brought up above against the accused are proven and
confirmed. As such, pursuant to article 57 (section ‘c’ article 78 of the Armed Forces Penal
Code, and notes to articles 269 and 614 of the Islamic Penal Code), 205 (section ‘b’), 214,
215, 269 (note 2), 367, 403, 408, 424, 425, 442, 480, 481, 484, 485, 570, 608, and 614 of
the Islamic Penal Code, and articles 54, 55, 78 (section ‘c’) of the Armed Forces Penal
Code, and with respect to articles 42, 47, and 48 of the Islamic Penal Code (concerning
Seyed Kazem Gangbakhsh, and Mohammad Reza Karami), and the law of inquiry with
regards to definition of ‘insult,’ ‘verbal harassment,’ and ‘affronts to one’s dignity,’ as
stated in the penal code, ratified 1379 [2000], by virtue of this indictment, sentencing of all
accused is requested.
The above noted offences were committed in Tir 1388 [2009] under the jurisdiction of the
Province of Tehran.
Deputy Military Prosecutor of Tehran – Abbas Parsapour
