[PROVISIONAL TRANSLATION FROM PERSIAN]
[Translator’s notes appear in square brackets]
[Personal information has been redacted.]
The Head Office of Judiciary of Kurdistan Province
Do not follow your low desires, lest you deviate
Branch 101 Criminal Court of Two Cities Qorveh (previously 101 Criminal)
Court Order number: 950997873460945
Date of Issue: 2 Azar 1395 [22 November 2016]
File number: 9509988735500468
Branch Archival number: 950643
Case Reference 9509988735500468 of Branch 101 Criminal Court of Two Cities Qorveh (previously 101 Criminal) Final Decision
Appellant: Director of Agricultural Jihad of Qorveh represented by Ms. Samira Saberian; address: Kurdistan – Qorveh – Agricultural Jihad Office
Accused: Mr. Khalil Eghdamian; address: [redacted]
Allegation: Unacceptable change of usage of orchards and farming lands.
Procedural Synopsis: The above-mentioned accused is prosecuted, in relation to the above-mentioned allegation. The court received the file registered under the above case reference; it now convenes on the above date in an extraordinary session of Branch 101 Criminal Court of Two Cities of Qorveh, presided over by the undersigned. Subsequent to a thorough review of file records, the Court hereby concludes the hearing and, in reliance on the Almighty, renders a decision as follows.
Concerning the accusation against Mr. Khalil Eghdamian, son of Mohammad, 80 years old, regarding an unacceptable change of usage of 110 square metres of farming/orchard land, located on Sheikh Jafar Rural Road, indictment number 9510438734000683:
The public revolutionary prosecutor of Qorveh, based on the effective defence statement of the accused, indicates that the said land (subject of the Agricultural Jihad Office report), has been used as a cemetery (to bury bodies belonging to the Baha’i sect) and it is not farm or orchard, the usage of which was allegedly changed by building a mortuary [to wash and prepare the dead bodies] (which was built by the accused around 15 years ago). Moreover, it is determined that, in fact, this land could not have been used as a farm or orchard, and had always been used as a cemetery for many years. A mortuary is necessary for a cemetery.
Therefore, considering the above (regardless of non-submission of the minutes of the Orchard and Farm Land Assessment Commission by the Agricultural Jihad Office), for lack of sufficient proof of an offence having been committed regarding change of usage by the accused, while observing the self-evident truth of innocence, according to Article 4 of the Code of Criminal Procedures ratified in 1392 , the declaration of innocence of the above-mentioned is issued.
This decision can be appealed within 20 days of issuance at the respected Courts of Appeal of Kurdistan Province. /Z
Morteza Habibzadeh – Head of Branch 101 of Criminal Court of Two Cities of Qorveh
Signature of decision-maker
[Signature] 24 Azar 1395 [14 December 2016]
[Signature over stamp]