[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

Do not follow your base desires, lest you deviate [Quran 4:135]

[Emblem]

The Judiciary of Islamic Republic of Iran

Court Order

Court -----

 

Date -----

Number -----

Enclosure -----

 

File Number: 312- 2/68 KA

Verdict number 503/68 - 28 Aban 1368 [19 November 1989]

Following up Authority: The court of Karaj

Investigation Authority: Section 11 of the court of Karaj, Below signatory Mohammad-Reza Aghighi

Accused: Seyyed Asadollah Kamizi, son of Seyyed Hasan resident of. [Address]

Recipients of blood-money (family of murdered):  Seyyed Mahmoud Kamizi, Olya Beygom [illegible], Fereshteh Kamizi, all resident of Sabzevar, village [illegible]

Accusation: Involuntary manslaughter

Procedural Synopsis: The above-mentioned accused has been prosecuted by the general court of Karaj, and at the request of the judge, the file has been transferred to this court and registered as above.  After determining the time of the trial, the following signatory will proceed with the hearing and the court by carefully studying the contents of the case, and with the help of the Almighty God and conscience will issue the following verdict.

 

Court Verdict

According to the bill of indictment number 322 dated 19 Shahrivar 1368 [10 September 1989] issued from the court number one in Karaj, located in Shahriar, Mr. Seyyed Asadollah Kamizi, son of Seyyed Hasan, age 43, from Sabzevar, resident of Karaj, occupation driver, has been arrested since 8 Shahriver 1368 [30 August 1989], and is accused of the Involuntary manslaughter of Fereidoun Kamizi (his cousin), as a result of his negligence in driving on 3 Shahrivar 1368 [25 August 1989] corresponding to 23 [22] Muharram 1410.

First: considering the blood-money, since according to the statement of the accused and the family of the murdered, Fereidoun Kamizi was a Baha'i. With reference to the beliefs of this sect, which the family of the murdered have stated in the form of the court and which they are also followers of, even if they announce their belief in Islam, they are considered as heretics. The reason being that according to their belief, another Prophet has appeared after His Holiness Mohammad, which is sufficient evidence for them being condemned to infidelity.  Therefore, as the infidelity of late Fereidoun Kamizi is evident for this court, and with reference to the subject number 28 and subject number 31, on page 559 of volume two of the book "Tahriru'l-Vasilih" by Imam Khomeini, regarding the nullifying of the blood-money, the accused should not pay. Therefore, according to the principles of acquittance and with reference to subject 167 of the Constitutional Law, and item 26 of the regulations for penal courts dated 20 Tir 1368 [11 July 1989], and with reference to the above mentioned subjects of the book, the verdict for the acquittance of the accused from the payment of the blood-money is hereby issued.

Secondly, regarding the discretionary punishment requested by the court, considering the fact that- the date of the murder was 3 Shahrivar 1368 [25 August 1989], and it took Place after the expiry of the five year testing period of the physical punishments (dated 18 Mordad 1362 [9 August 1983]). In fact it is as if the murder had taken place prior to the approval of the law .Even in the event of the accused having been guilty, with attention to the verdict number 11 dated 20 Khordad 1364 [10 June 1985] of the council of the National High Court, the only punishment imposed would be the payment of the blood-money (when applicable in the case of the deceased, and not in the present case). (In general, if the accused would not be proven guilty, according to the verdict number 13 dated 6 Mehr 1362 [28 September 1983], the accused would have no responsibility, not even the payment of the blood-money).

}Considering the fact that there are no references in the religious laws about inflicting physical punishment on the accused..., and as the law for physical punishment has not yet been approved by the council... the accused is therefore acquitted of those charges. The verdict can be appealed...}

Judge of the Public Courts (Penal) of Karaj

Mohammad-Reza Aghighi