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The Imprisoned Dervishes letter to Judge Salavati on the Reasons of not Attending the Court

 

 

 

 

 

the reasons of not attending the court session which was supposed to investigate accusations of lawyers and Dervish Rights activists.

The court session on considering the accusations facing the Dervishes and lawyers defending them , who are Dervish and Human rights activists and have been detained without trial for the past 16 months, were supposed to begin from 27th of Day up 7th of Bahman in Branch 15 of Revolution court in Tehran. The dervishes explained in a letter their decision on the reasons of not attending these court session.

According to a report by Majzooban Noor , in their letter it is mentioned : “It is now 16 months that we are detained and waiting for a fair trial . The judiciary authorities have postponed the court sessions for the third time to begin from 27th of day to 7th of Bahman.

The Branch 15 of Revolution court in which you ( judge Salavati ) are the judge , is suppose to be called investigate the violations of low by a member of lawyers and human rights activists who are Dervishes following Nematollahi Gonabadi Order. Of course that to handle and punish the violators of law for security the law and order in society is an imperative which is rationed and judiciary. But to observe and preserve the lawful rights of defendants is also a must and should be investigated justly.

Most important is the legal competency of investigating authority that is most important to form the court of law in order to put a defendant on just trial.

It is also obvious that in such a case to be investigated the Righteous of court and the judge must be accepted by law. It is in such a court that , mental and legal security of defendant is provided.

Otherwise without these conditions any trial would be meaningless.

It is now more than 6 years that we insist on legal observance of law specially by Judicial authorities.

6 years ago , after destruction of Qom’s Dervishes’s worship-place (Hosseiniyeh) by two groups of law unity breakers executioners under the name of law keepers , the Dervishes were involved and taken force fully into an undesirable challenge.

All we required were to respect the constitutional rights that are to be recognized and respect the equality of all citizens with any political , social and judicial positions . We also insist on the adherence of judiciary , which is respected by citizens if the authorities in judiciary system respect the constitution.

If such respect of law are altered, then the citizens must feel it a duty , take action ” to the famous and forbidding evil ” according to constitution. The above mentioned reasons are the base of our decision , in order to not attend the court session today. The equilibrium of a just society depends on wisdom and judges oath of justice, therefore such unlawful behaviors toward Dervishes lawyers are contradictory to any laws proven by constitution.

Although the competency of the Revolution’s court to investigate this case is questionable and also discussion-able ( this argument that is outside the scope of this letter ) but the main problem that we are posing, is the competence and the neutrality of the judge in trail.

In this dossier, there are many violations of law by the judge such as :

– To nothing the defendant 5 days before the trial ( specially the dependent number 575 , to whom it was notified verbally 10 hours before the court session )

-This act from the judge is a clear violation of law and must be put on trial according to the law and the judge must serve the required penalty.

– And the fact that, the court is not allowed to refuse to hand over the dossier to the lawyer of the defendant which another clear violation of law.

Because of all these and many other violations upon detainees it is mentioned in a separate letter that towards the lawyers of Dervishes by the detainees that:

“with respect and thanks for your activities taken , here we declare that we will refuse to take part or attend the trial , until all legal steps are taken prior to the court session such as defense forum must taken place not for individuate defendants but collectively with defendants in presence of their lawyers who have had studied their dossiers due to law and judiciary regulation.

It is important to mention that, after writing this letter and refusing to participate in court, Gonabadi dervishes’s lawyers and Majzooban Noor’s managers according to the order by judge Salavati, were transferred to solitary confinement in Evin prison.

Although formerly, these detainees’ lawyers and Majzooban Noor’s managers, in formal complaint letter to disciplinary prosecutor court of Judges, called for an investigation on violation of law by judge Salavati and other juridical and security authorities who are related to their case. The letter was submitted to the Supreme Court Justices.