Shabtab News (Ayatollah Montazeri’s Telegram Channel) – Monday November 28, 2016
“The full text of the Special Clerical Court’s verdict for Hojatoleslam Ahmad Montazeri” Regarding the charges laid against Mr. Ahmad Montazeri, son of Hossein-Ali, established to (including):
A) Acting against national security, disclosure of the system’s (regime’s) secret documents and disruption of public order with his actions
B) Malversation via non-extradition (non-return) of the system’s (secretive and) confidential documents
C) Propaganda against the system through interview with counter-revolutionary media
Considering the content of the case and the issued indictment and numerous reports by the Intelligence Office in Qom and the conducted investigation and the accused interviews with the foregin and counter-revolution media as described in pages 1 to 5 and 13 to 21 and also his statements during the investigation as described in pages 26 to 30 and the report by deputy of IRGC Intelligence in pages 53 to 63 and the images of the texts broadcast by foreign media all of which confirm that actions of the accused are contrary to security and also extracted confessions and his explicit and implicit confessions as described in paged 18 to 23 and confirmation of secretive and classified audio file by the Intelligence Office in page 15 and also the picture of the accused along with a number of anti-revolutionary elements and enemies of the system (regime) that are active and trying to overthrow [the system] as described in pages 166 to 175. They have gone to the accused’s home in order to accompany and express gratitude for the release of the audio file and have taken a group photo together; also the accused record of propaganda against the system in foreign and opposition media as (described in) in the case and the text of interview with Dorr TV and the text of the letter by late Mr. Montazeri addressing the Imam Khomeini and publication of its (letter’s) image in cyberspace which was harvested and abused and the non-sense non-audition and unsubstantiated responses by the accused that considers publishing classified audio file only on the occasion of the anniversary of the incident on July/August 1988 and rejecting that its (audio file) release is in defence of the enemies and counter-revolution. He considers it merely the release of a documentary on memoirs of his father which has (already) been published in an unauthorized book. While firstly, the book was published unauthorized and secretly and its content cannot be documented removing the secrecy of the document (audio file); secondly, choosing the time of release of the files (cuncurently) with the enemies’ claims regarding the execution of criminals affiliated to them is intentional with the aim of supporting them.
What is clear is that the accused insists on continuing his behavior and criminal acts, such that when in an investigative meeting in the court he is asked whether ignoring the killing of 17,000 martyrs of people by the hands of enemies and counter-revolution is not cruelty (oppression) and disloyalty to the revolution, system, Islamic Ummah and the oppressed people and families of martyrs and the founder of the Islamic Republic? And whether your criminal acts is not somehow revival of crimes and approval of anti-revolutionary and criminals and terrorists? And your criminal acts practically would not be in the direction of strengthening the foundations of hypocrisy and global arrogance and undermining the Islamic system and foundations of thoughts and construction of ideas and lifesaver and Islamic Republic’s anti oppression? The defendant in all stages of investigation attempted to provide unreasonable and non-sense answers; and finally his defenses again confirm his criminal acts and lack of remorse. In the investigation stages, the defendant in addition to justifying his criminal acts by reasoning insisted on committing and confirming it.
It is well clear that the defendant’s action in publishing the audio file has had many negative effects on the society giving an excuse to the adversaries and counter-revolution and elements of discord and the enemies. What offensive material has not been applied against the prominent official, the Supreme Leader Imam Khomeini, and leadership and authorities in a widespread scale in various networks in such a way that it (the audio file) has been described as the black box missing from the plane crash; and considering that his late father at one point had the responsibility of Deputy Leader and following exposure of his association with the adversaries and counter-revolutionaries and after defending them and betrayal of the system, he was removed from his office by Imam Khomeini. And indeed, many documents that were classified as secretive and confidential have been at his disposal. After his removal, those documents related to the system and public wealth should have been transferred and returned to the relevant authorities. Whether the defendant, who had access to the documents at the time he was alive and after his death, did not have religious and legal obligation to maintain and extradit them? With what legal, religious and moral authorization the defendant keeps the documents related to the system that in no way had personal and private aspects and at one point releases one of them with a specific objective and with his action inflicts an irreparable blow to the system’s and society’s body? With the release of an audio file that its content was prepared unrealisticly based upon the viewpoints of the late Ayatollah Montazeri and according to Imam Khomeini influenced by liberal ideas and adversaries, (the audio file) was placed in the hands of the enemies of Islam and adversaries that not only used it to undermine the system (regime) but rather to stimulate and encourage confronting the system and overthrowing it. We witnessed that the criminal owners of hypocrite media and foreigners have launched hoopla to encourage and thank him and have taken memorial photo with him. Unfortunately, this behavior has been made by someone in sacred garments of clergy who is related to the Beyt (house of imam) and has a revolutionary history.
In view of the above and considering the arguments (reasons) and documents, committing the crimes set forth by the accused is clear and indisputable and compatible with the articles 501 and 500 and 498, all from the sanctions law; and by observing Article 134 of the IPC (Islamic Penal Code) adopted in 2014, the court sentence him to 10 years imprisonement on charges of acting against national security and 10 years imprisonement for releasing a classified secretive audio file and 1 years imprisonement for propaganda against the system, a total of 21 years imprisonement.
However, considering the value and sanctity of his noble and martyred brother’s blood and due to his age and specific situation and lack of criminal convictions (paragraph C of Article 38 of IPC) and in compliance with Section 3 of Article 134 of the same law regarding multiplicity of offenses, there are mitigating factors recognized by the average minimum and maximum penalties and that the average punishment is a sentence of 6 years, only 6 years from the imposed imprisonment sentences is enforced.
Whereas the sum of the defendant’s actions is considered contrary to the dignity of clergy, therefore, by virtue of Article 43 of the Special Clerical Court’s regulations the defendant is defrocked. Finally, considering that the defendant is attributed to the family of martyrs and according to articles 54 and 49 and 46 of the Islamic Penal Code, the sentence to defrock him (of the clergy garments) will be suspended for 3 years.
If during the above mentioned time he again commits an intentional crime of limit, retaliation, blood money or chastising to grade 7, in addition to punishment for the new crime, his suspended sentences will be implemented.
And on the other charges of breach of trust due to the lack of delivery of secret documents to concerned authorities, since the possession of such documents by the defendant is not proven and since it failed to satisfy the conscience of the judiciary and according to the rule of presumption of innocence and with reference to Article 4 of the Criminal Procedure Code, his innocence is declared in this issue.
The verdict is issued in person and based on Articles 48 and 49 of the Courts and Special Clerical Court (SCC) regulations, the verdict is objectable within 20 days after the notification and appeals are considered in SCC.
Head of the Fifth Branch of Qom’s Special Clergy Court
Ehsan Rezaei – October 19, 2016
Date of Notification: November 27, 2016
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