Tehran Prosecutor Announces Judiciary's Readiness to Trial Leaders of 2009 Protests

The public and revolutionary prosecutor of Tehran stated that the judiciary of the Islamic Republic is prepared to trial the leaders of the 2009 protests, referred to by him as the 'leaders of sedition', and described the house arrest of Mehdi Karroubi, Mir-Hossein Mousavi, and Zahra Rahnavard as a 'decision of the system'. Abbas Jafari Dolatabadi, on Tuesday, September 6, at the 'seventh meeting of the Tehran Prosecutor's Council', noted that the trial of these individuals is contingent upon 'the conditions being met', but did not provide further details. According to ISNA news agency, he added: 'The decision of the system in 1389 (2010) was house arrest, and the claim that some consider this to lack a basis is unacceptable; the house arrest is a resolution of the Supreme National Security Council and is considered a decision of the system, which the Ministry of Intelligence and the judiciary are responsible for implementing.' Previously, Yadollah Javani, advisor to the representative of the Supreme Leader in the Revolutionary Guards, stated that if a court for the detainees is held, they must prove their claim of election fraud in the 2009 elections to be acquitted. Mir-Hossein Mousavi, Zahra Rahnavard, and Mehdi Karroubi have been under house arrest without trial since Esfand 1389 (March 2011), while reports from their families indicate their health has deteriorated due to the house arrest. Mehdi Karroubi announced on August 25 that he demanded a trial and the removal of agents from his place of house arrest, leading him to go on a dry hunger strike. Reports indicate that following the worsening of Mr. Karroubi's health, the Minister of Health and the Deputy Minister of Intelligence met with him and agreed to his request to remove the agents from his home. However, Gholamhossein Mohseni Eje'i, the first deputy and spokesperson of the judiciary, stated that the Supreme National Security Council decided to house arrest the leaders of the 2009 protests in 1389, saying, 'This decision led to the house arrest of some individuals and that resolution remains in effect.' These statements prompted criticism from Ali Motahari, the Deputy Speaker of the Islamic Consultative Assembly, who on August 30 called for a reason for the opposition to the request for a public trial of the detainees. While judiciary officials have repeatedly stated that the house arrest of Karroubi, Mousavi, and Rahnavard is a result of the Supreme National Security Council's resolution, Iranian government officials reject this claim. For instance, Hassan Rouhani, the President of Iran, stated during this year's election campaign that the Supreme National Security Council had no resolution for the house arrest of these three individuals. Ali Motahari at that time expressed the opinion that the continuation of the house arrest is a demand of Ali Khamenei, the leader of the Islamic Republic. The Tehran prosecutor, in his remarks on Tuesday, called on 'other agencies' not to interfere in matters that do not concern them, stating that 'these fabrications are not effective in the position'. Earlier, on June 8 of this year, Sadegh Amoli Larijani, the head of the judiciary, without naming Hassan Rouhani, said, 'Some have spoken about lifting the house arrest; what is your role in wanting to break the house arrest?' Meanwhile, Mr. Jafari Dolatabadi referred to the reasons for the arrest of Mehdi Khazali, a political activist and critic, accusing him of 'spreading false and misleading news against the judiciary through hostile media'. He stated: 'We have accurate news that Mehdi Khazali, through a woman named Z - R, who was connected with him, was arrested today, and some of his relatives send false news to Voice of America and anti-revolutionary websites, which are considered criminal actions and subject to legal prosecution.' Mehdi Khazali was arrested on August 22 at his father's home, but the reasons for his arrest were not announced at that time. Ali Motahari, on September 4, in a letter to the head of the judiciary of Iran, referring to the 'very unfavorable' physical condition of Mehdi Khazali 'due to hunger strike', requested Sadegh Amoli Larijani to refrain from prosecuting this political critic. The Deputy Speaker of the Iranian parliament stated that 'his re-arrest as serving a sentence while he has already served his six-year prison sentence and no new case has been sent to court for him seems illegal.' The Tehran prosecutor, in response to Mr. Motahari's remarks, stated that 'the recent action of Mehdi Khazali, including insults to institutions and some officials, is not related to the execution of the previous sentence, and the new charge is being investigated independently.' He held the political prisoner's hunger strike responsible and urged prison judges to 'strictly fulfill their duties in executing the sentence and if they see that the rights of the convicts are being violated, they should take legal action, and it is obvious that the responsibility for unjustified actions of convicts, such as refusing to eat and similar actions, rests with the convict.' Mehdi Khazali has been arrested multiple times since 1388 (2009). Before his recent arrest, he was last arrested in Bahman (February) of last year, and the Tehran prosecutor stated that his charge was insulting officials and requesting not to participate in the 22 Bahman (February 11) rally. However, Mr. Khazali was released shortly after his hunger strike.