Mahmoud Reza Khavari to Be Tried in Absentia on Tuesday

Media in Iran reported the commencement of the absentia trial of Mahmoud Reza Khavari, former CEO of Bank Melli and one of the main defendants in the case known as the 'Great Banking Corruption', on Tuesday, November 21. ISNA news agency wrote on Monday, November 20, that Mahmoud Reza Khavari will be tried in absentia at the Islamic Revolutionary Court. He is one of the main defendants in the 'three thousand billion toman embezzlement' case and left Iran in 2011, residing in Canada since then. The state news agency IRNA also quoted Gholamhossein Esmaeili, the head of the Tehran judiciary, stating that a date had previously been set for Mahmoud Reza Khavari. According to this report, due to the defendant's absence from Iran, the court date was set after the issuance of the indictment and the absentia hearing order, which was announced through publication in widely circulated newspapers. As Esmaeili announced, whether the absentia trial session of Mahmoud Reza Khavari will be public or private is at the discretion of the presiding judge. The head of the Tehran judiciary also stated that after the court session and based on the case documents, a judicial decision will be made regarding Khavari, who has not yet appointed a lawyer for himself. Fars news agency also reported in an interview with the head of the Tehran judiciary that Mahmoud Reza Khavari is accused of 'disruption of Iran's economic, monetary, and banking system'. In response to the question of whether other defendants in the three thousand billion corruption case would also be present in court on Tuesday, he said: 'Statements from other defendants have been previously obtained, and the case is completely clear and evident, so there is no necessity for the presence of other defendants.' According to this judicial official, considering Mahmoud Reza Khavari's presence outside of Iran, if he is convicted, 'international rules will be applied more strictly' to him. However, the head of the Tehran judiciary added, 'We never have hope for cooperation from Western countries, but in this case, a series of financial convictions will certainly be determined based on the properties and assets that Khavari may have in Iran, and financial penalties will be enforced through the confiscation of these assets.' In September 2011, media reported the discovery of a major corruption case in the banking network, mentioning an individual named Meh-Afarid Amir-Khosravi. Following the arrest of several defendants in this case by security and judicial authorities and the holding of several court sessions, four defendants, including Meh-Afarid Amir-Khosravi, were sentenced to death. Two other defendants received life sentences, and other defendants were sentenced to long prison terms. In the trials of the four main defendants in this case, the names of the then-managers of Bank Melli and Bank Saderat were frequently mentioned, and ultimately, media reported Mahmoud Reza Khavari, the then-CEO of Bank Melli, fleeing Iran. Nasser Sarraj, the judge handling this case, stated in 2012 that 'there were hands at work to facilitate Khavari's escape from the country.' Nevertheless, he did not refer to the identities of those who had assisted Mahmoud Reza Khavari. In any case, following the failure of efforts to return Mahmoud Reza Khavari to Iran over the past five years, the judiciary has decided to try him in absentia. Gholamali Riahi, the defense lawyer for Meh-Afarid Amir-Khosravi in the three thousand billion case, stated that the court holds multiple cases in Iran in absentia, 'but we have not had an absentia trial for an important case like Khavari's until now.' According to ISNA news agency quoting some legal experts, Mahmoud Reza Khavari's absentia trial in Iran has a 'symbolic aspect', and even if he is convicted, since he is not in Iran and may not have significant assets in Iran, holding the court and issuing such a ruling lacks enforceability.