[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Logo]

[Arabic]: Do not follow your own desires, lest you deviate[1]

Judgment Number: 950997873460094

Date of issuance: 2/9/1395 [22 November 2016]

File Number: 9509988735500470

Branch Archive Number: 950643

Branch 101 of 2nd Criminal Court of Qaraveh, (formerly Criminal Court 101)

 

Judgment

File classification: 9509988735500470, Branch 101, 2nd Criminal Court of Qaraveh (formerly Criminal Court 101)

Final Decision number: 9509978734600940

Plaintiff: Management of Qaraveh [Department of] Agriculture Jihad, represented by Ms. Samira Saberian, whose address is Qaraveh Department of Agriculture Jihad in Kurdistan

 

Defendant: Mr. Khalil Aghdamian, whose address is [address], Qaraveh, Kurdistan

 

Accusation: Unauthorized change in use of agricultural land

 

Procedural Synopsis: The above-mentioned defendant is being prosecuted on the above-noted charge.  Upon the receipt of the file and registering it according to the aforementioned classification, the court session was held on the above-mentioned date, at a previously unscheduled time, at Branch 101 of the 2nd Criminal Court of the city of Qaraveh, under the authority of the undersigned.  After reviewing the case and examining the contents of the file, the court concluded the hearing and with reliance on God, the following decision has been delivered:

 

Court’s Judgment

 

Regarding the charges against Mr. Khalil Eghdamian, son of Mohammad, age 80, concerning unauthorized changes in the use of 110 square meters of agricultural land located on the road of Sheikh Jafar Village, which is the subject of indictment number 9510438734000680 of the Office of the Public and Revolutionary Prosecutor of Qaraveh; and considering the plausible defence of the defendant that the land in question (reported by the Agricultural Jihad Office) has been in use for 45 years as a cemetery (to bury Baha’is), and therefore it is not an agricultural property, accordingly the mortuary built for the deceased (which was built by the defendant about 15 years ago) could not be considered [as constituting a] change of use of agricultural land; and that on the other hand, the property in question is not agricultural land, but rather  has been used for years as a cemetery, and having a mortuary is one of the essential requirements of a cemetery;  therefore, given the aforementioned information (regardless of the failure of the Agricultural Jihad Office  to submit the minutes of the Agricultural Land Survey Commission by the [required date]), owing to lack of sufficient evidence to prove that the crime of changes to the use of land was committed by the defendant, the court, [which] upholds the indisputable principle of “inherent innocence” in accordance with Article 4 of the Criminal Procedure Regulation enacted in 1392 [2013-2014], hereby issues its judgement and declares the defendant not guilty.

 

This decision can be appealed within twenty days in Kurdistan Appeals Courts.

 

Morteza Habibzadeh

Head of Branch 101 of the 2nd Penal Court of Qaraveh

[Signature]

 

24/91395 [14 December 2016]

[Stamp] This is a true and certified copy of the original [judgment]

[Signature]

 

 

 

 

[1] [Quran 4:135]