[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Emblem]

Islamic Republic of Iran Judiciary

Do not follow (your) low desires, lest you deviate

Court Order No.: 9009978134500305

File No.: 8909988134501316

B Date of Issuance: 2/4/1390 [23 June 2011] branch Archival Ref. 891316

Enclosure:

 

Branch 101 of the Public (Penal) Court of Laljin Division

Court Order

Case Ref. 8909988134501316, Branch 101 of the Public (Penal) Court of Laljin Division

Court Order No. 9009978134500305

Plaintiff:  Mr. Khodabakhsh Khodayari, represented by Mrs. Shahla Zangboundi and Mr. Reza Naderi Moghadam. Address: [redacted]

Accused:  Mr. Yazdan Akbari [redacted]

Charge:  Fraud [Usury]

 

Having reviewed and considered the evidence and the case documents, the court hereby concludes the hearing and renders a decision as follows:

 

Decision of the Court

The defendant, Yazdan Akbari, son of Karam, is alleged to have committed usury against the plaintiff, Khodabakhsh Khodayari, son of Amirollah, represented by Counsel Reza Naderi Moghaddam.  The plaintiff claims that in [13]79 [2000/01], he borrowed a sum of 3,000,000 tuman with interest from [the defendant].  [The plaintiff] claims that he calculated the monthly interest, and on occasions when the interest was not paid, it was added to the principal.  Ultimately, the sum of 17 million tuman was paid to the defendant, and subsequent to final calculation, [the defendant] informed him [the plaintiff], that a remaining 76 million [tuman] was still owed to him [the defendant].  To prove his claim, [the plaintiff] has produced a compact disc containing a conversation between him and the defendant concerning sums that have been paid.  [The plaintiff] further produced a handwritten list by the defendant.  Subsequent to the inquiries and summoning of the defendant for the purpose of further investigation, the defendant first denied the [act of] usury; however, after the investigation order was issued and copies were made of his [the defendant’s] handwritten notes, the detective assigned to the case determined that the documents and evidence provided in this case, including cheques that were written, supported the claim of the plaintiff.  Furthermore, in the last hearing, after cross-examining the facts between the parties subsequent to reviewing the findings of the detective, the defendant made an indirect admission to usury, but added that since the plaintiff is a Baha’i, he [the defendant] has not committed any crime.  In response to such claim [that the plaintiff is a Baha’i] by the defendant, an inquiry was made of the plaintiff, and with reference to a copy of court order number K/573/70 issued by Branch 12 of the Public Courts in Hamadán, the plaintiff admitted that he was a member of the perverse sect of Bahaism.  Subsequent to the admissions of the plaintiff, considering the absence of codified law with respect to license to exercise usury under the given circumstances, pursuant to Article 167[[1]] of the Constitution of the Islamic Republic of Iran, and Article 214 of the Hearing Procedures Act in criminal matters, which states that the judge is bound to endeavour to adjudicate each case on the basis of codified law, and in case of the absence of such law, he has to deliver his judgment on the basis of authoritative Islamic sources and authentic fatwas, reference was made to letter number 891316-1/2/1390 [21 April 2011] from the office of His Holiness Ayatollah Khamenei, who had said in letter reference 148651 that usury against members of the perverse sect is inconsequential.  Therefore, pursuant to the above referenced articles and the religious advice, as well as Article 37[[2]] of the Constitution of the Islamic Republic of Iran, the court hereby issues an order of acquittal for the defendant.  This court order was issued in the presence [of the parties] and can be appealed within 20 days of its issuance at the courts of appeal in the Province of Hamadán.

Moradi––Head of Branch 1 of the Court of Laljin Division [previously indicated as Branch 101]

[Signature]

28/4/1390 [19 July 2011]

Certified Copy––Secretariat of Public Courts of Laljin

[Stamp]

 

 

 

 

 

 

[1] [Article 167 (Rule of Law for Judiciary):  The judge is bound to endeavour to judge each case on the basis of the codified law.  In case of the absence of any such law, he has to deliver his judgment on the basis of authoritative Islamic sources and authentic fatwas.  He, on the pretext of the silence of or deficiency of law in the matter, or its brevity or contradictory nature, cannot refrain from admitting and examining cases and delivering his judgment.]

[2] [Article 37 (Presumption of Innocence):  Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court.]