Another Trail

It was about one month that I was in the same row along with Fadayee guerrillas and would go for interrogation every day to military justice. On June 4^th 1972 they told me the first session of my trial would be held. Hassan Safakish was the judge. In 1965 in INP members trail was general prosecutor. When I entered the court, we knew each other. In this trial, Captain Mohsen Mahdavi and Major Reza Radan were assistant attorneys, Captain Johary was prosecutor, and retired Colonel Kalhori was my referred lawyer. (Documents 7 & 8)

I had no hope for the defense that the referred lawyer would make for me; he had been the one who had ordered the trial and execution of many people and would do nothing for me as referred lawyer. He had no correct view about the prison and the accused. He also had no intention to make the accused free.

So, when Kalhori began defending me, his defense brought the negative atmosphere to the court and made it legitimate.  Watching his weak and negative defense made me stop him. I said: “I do not believe what he says” and then began reading my own. I had written that I was a patriot and being chosen as “The Excellent Corps Soldier” would prove it. Then I added having relation with some of freed prisoners was only a simple friendship and not political at all. And about the pseudonym, I claimed it was only a suggestion by Saeed Mohammadi Fateh who was my colleague when working at Mohammadi can-making factory. I rejected any political activity along with him. (Document 9)

The attorneys consulted each other after hearing my defense and each of them told his opinion separately. They knew my accusation compatible with Article 5 of the law of “The Punishment of National Security Violators” which did not deserve commutation. Then the judge sentenced me to 6 years of correctional imprisonment. I wrote under the verdict: “Since I know myself innocent and had not participated in in any political crime, I have objections and ask for appeals.” (Document No. 10)

10 days after the verdict of the public court issued, they called me to the military justice in Qasr Crossroads to ask for referred lawyer in appeals court. Choosing a referred lawyer was ineffective. So, it would make no difference to me who would become my lawyer. At last, my brother advised me to choose Kalhori once again as my lawyer.

So, my brother went to see him and signed a contract with him to defend me for 10 thousand Rials; maybe he would do a better defense for me.

On June 27^th 1972 the appeal court was held headed by Colonel Hamid Azarnoush and four other assistant attorneys (1. Colonel Abd-ul-hamid Barandish, 2. Colonel Ahmad Mohabat, 3. Colonel Fat’hullah Sohrabiyan, 4. Colonel Mohammad Reza Saba) and Colonel Afrakhteh was prosecutor.

After hearing my accusation Colonel Kalhor began his so-called defense of me. He had written something quite general and I saw if I wait to see what happens by his defense, I would lose everything. So, just like the first trial I began defending myself. At the end the judge commuted the first verdict and changed the 6 years to 2 years of correctional imprisonment. (Documents No. 11, 12 &13)