"O!
Almighty, you know that what we did was not for gaining power or fortune in the
world, but for bringing back your faith and to make reign peace and reform, so your
oppressed creatures can live in it with security and peace and that your laws
can be respected" - Nahjol -Balagheh
(Imam Ali, Sahife Sajadie -Prayer 54)
To the Attention of the Honorable Special
Team of the Judiciary Power:
I, Ahmad Batebi, son of Mohamad
Bagher, born in 1978, and having the National ID card
# 448 issued in Shiraz, am a
student of film production of the University Jihad, and reside in Fardis of Karaj. I was condemned
by the honorable judiciary following the tragedy of July 1999 [the brutal
crushing of a student demonstration for press freedom that led to the
destruction of their dormitory, numerous casualties, disappearances, one
fatality and, ultimately, to a popular uprising in Tehran].
My purpose in this missive is to tell you,
Your Honor, about the circumstances of my arrest, interrogation and trial, and
it is my hope that by doing so, we would intervene for the promotion of the
truth and help remedy the devastating harm that has been done [...]
From the end of June 1999 until my day of
arrest, I - -with the authorization of the University Jihad Office - -was
producing a documentary about the dangers of drug addiction and social
problems.
Hearing about the student dormitory [attack],
I went to cover this incident, and I conducted my work in the university dorm
area... until Wednesday when I was arrested by plainclothesmen who were
participating in the student demonstration.
I have been imprisoned since then, and
sentenced to death .[1] I will
list, hereby, the abuses of my fundamental human rights [that took place]
during my interrogations and trial; and in order to avoid taking too much of
your precious time, I will cite only the most important aspects [of these
abuses] and those which have affected my life.
A) Physical and psychological pressures:
1 - On the first day of my arrest by the
plainclothesmen, I was brought inside the university where they confiscated all
my documents and possessions. While taunting me with insults, they beat me on
my testicles, my legs and abdominal area.
When I protested, they answered that this is
the land of the "Velayat" (referring to the absolute power of the
Supreme Leader), and that I should be blinded and not be allowed to live here.
2 - They then transferred me to the Law
Enforcement Force of Zir -Pol
Hafez where, after more interrogation and under pretext of having proof of my
participation in the destruction of public property, they handcuffed me and
beat me with Cop -bats.
3 - Later they transferred me in a van along
with other people arrested. They blindfolded us with our shirts and tied us
around our necks in a 12 square meter room. LEF (d*) soldiers beat us with Cop
-bats.
I pulled off the shirt covering my eyes in
order to clean my bleeding nose.
When the soldiers saw me doing this, they
brought me to another room where they tied my hands and handcuffed my right
foot to my hands.
An official report available at LEF shows I
was condemned to receive lashes. They blindfolded me and carried out the
sentence in the same room.
4 - They transferred us via bus to another
location where I was separated from the others. Interrogators asked me
questions such as what was I doing at the students' dorms and why there were
medicines in my bag.
They also accused me of having a gun which I
had allegedly dropped into a city gutter. I was told I was part of the recent
unrest. They even accused me of stealing from a bank. When I protested the[se]
charges, they handed me over to a couple of very large soldiers wearing
commando uniforms saying that these people will "make me talk."
The soldiers tied my hands to plumbing pipes.
They hit my head and abdominal area with soldiers' shoes. They insisted I sign
a confession of the accusations made against me.
Next, they threw me onto the floor, stood on
my neck and cut off not only all my hair, but also parts of my scalp causing it
to bleed.
They beat me so severely with their heavy
shoes that I lost consciousness. When I regained consciousness, they started
their actions again.
5 - They gave me some A4 paper and ordered me
to write and sign a "confession" of their accusations. Upon my
protesting, they took me to another room, blindfolded me and tied hands to the
window bars.
Once again they insisted that I
"confess." When I again protested, they beat me with a car -jacking cable.
Under extreme duress, I was forced to write
what they wanted. At that time, they tore up the A4 paper and said that I had
to write the same thing on official paper with [a] logo. But they never brought
this paper.
I asked to go to the bathroom, but they would
not let me close the door saying I might commit suicide.
I said I needed to have the door closed, but
they refused. Not wanting to expose my bodily functions to others, I told them
I no longer wanted to go to the bathroom. They insisted I must go, and the door
must be open. Then they began lashing me.
I resisted and punched one of them in the
face. At this point, they took me and pushed my head into a closed drain full
of excrement. They held me under for so long, I was unable to hold my breath any
longer, and excrement was inhaled through my nose and seeped into my mouth.
For many hours, I was not allowed to wash
myself. An investigator wanted to question me further, and the stench was so
bad that he asked me to clean up to get rid of it.
6 - During the interrogations, they
threatened several times to execute me and to torture and rape my family
members as well as imprison them for long terms.
7 - The investigators who questioned me
initially, ordered me to confess to false allegations. I resisted as much as I
could. Under the most trying conditions and extreme duress, I was forced to
"confess" to the actions alleged. I had to sign a
"confession" fearing that they would carry out their threats to me
and my family.
Despite the baseless confessions to
allegations devoid of any proof, the investigators would not believe my
explanations of the circumstances surrounding these confessions.
8 -Threats were made to execute my family
members. My mother and sister were brought to the TOHID Detention Center (e*),
and I could hear my mother's voice from my cell window. They denied that my
mother had been at TOHID, but I recognized her voice.
9 - Several days after my transfer to the
Section 209 of Evin (f*), they brought me blindfolded to a room and gave me a
paper to sign. When I inquired as to the content, they said, "Creating
street unrest," and "Agitating people to create unrest."
When I denied the charges, they beat me
kicking me in the face causing fractures to my right jaw and knocking out my
teeth. I had to tear out the remaining roots.
10 - When I was in solitary prison, the guard
hit me on my head and ears. That beating caused an infection in my left ear
which left me with diminished auditory capacity.
11 - I have lost a significant amount of my
visual acuity according to doctors' diagnoses and evaluations. My left eye
especially has been affected and has lost strength due to the pressures and
beatings I endured.
I now have to use glasses.
12 - On the same first days, they wrote my
name on my hand with a green ink ball -point pen. When I asked why, all they
said was that they were going to take me to be executed, and it's better to
confess before dying in order to be clean and not suffer while dying.
Then they made me sit on a chair and put a
rope around my neck keeping me in this position for more than two hours.
They asked me to say my final prayer and
write my will; then someone came in and told them I had not been sufficiently
debriefed to be executed. At this time, they brought me down from my position.
13 - During this time, they made several
calls to my family telling them that I would be sentenced to be imprisoned for
long terms and even executed along with other threats.
Before I went to court, the investigator told
me that if I did not make a televised confession, I would be condemned to ten
years of imprisonment.
14 - I couldn't recognize the places and
people during this time as I was blindfolded, and once in Evin and again at
TOHID, they videotaped interviews with me.
15 - There were also investigators who did
take my poor physical condition into consideration, and they did not exert the
same pressure on me.
B) Circumstances of Doubt, Judgment and
Declaration of Sentence:
1 - They made me exit cell number 417 of
TOHID blindfolded. Half an hour later my judgment started at Branch 6 of
Revolutionary Court. I had not been told where we were going. I had assumed the
interrogation and investigation processes would be continuing.
I, therefore, was astonished when they
removed my blindfold. In fact, I did not understand what was happening until
the moment I was brought to the room to be charged.
I had fever, severe diarrhea and had lost
consciousness due to all the pressure and sleep deprivation and, thus, I could
not control my stability. I was unable to focus on what was happening, and
these factors rendered me unable to defend myself.
My father arrived during the last minutes
bringing our Home Ownership Title evaluated at 20,000,000 tomans
for my bond and was told to give it to the court. But they never released me
and are still keeping the document.
2 - After a while, they brought me to court,
and this time in the same office of the branch without the presence of a judge.
The secretary of the branch showed me an individual and said that he was my
lawyer.
I told them I didn't want a lawyer. The
individual said, "You need to; it is not possible to be judged without
lawyer." I had to accept. He signed the paper fabricated in the last
session and told me that I needed to ask for forgiveness.
In his last plea (defense), he said:
"Ahmad Batebi has been influenced by the situation and acted as he did. I
request from the holy regime that his sentence be reduced."
That's it; that was my trial.
3 - Again and after a long period, they took
me to court. In the court, Mr. Haghani and his
honorable secretary were present.
The secretary showed me a folded paper, and
he was covering the inscriptions on it. He put it in front of me and said to
sign it.
I asked what I needed to sign. He said,
"This paper. It is your sentence that has been contested by your lawyer,
and you need to sign it." I tried everything to be able to see it and to
understand its content but couldn't.
They said the reason was that I simply needed
to sign it, and I had to resign myself to doing it without being able to see
it, to read it or to understand it.
4 - During the last months, I was brought
back to the court several times to see my family based on their requests.
5 - After a couple of months, rumors were
heard that my sentence was death. Since I never saw my sentence, I could only
wonder about it.
We hired attorneys. With their help we
understood that my file had been transferred to Branch 32 of the Supreme Court
to be reexamined.
During all that time, I was allowed to see my
lawyer only once - -for twenty minutes, and until today (March 23, 2000), the
lawyers had neither been able to see the sentence nor study it.
6 - I was summoned to the court two months
ago, and they told me that my sentence had been approved by the Supreme Court.
When I asked what the sentence was, they responded, "What you need to know
it for?"
I said, "The sentence is mine, and
you're asking what I need to know it for?" They neither told [read] me the
sentence, nor did they formulate it for me.
They added that my lawyers were spies for the
USA and that if those lawyers had to defend me, then my file will be political,
and that I needed to recuse them.
They told me that my sentence had been
approved by the Supreme Court, and that no one could do anything more for me.
They told me again that I needed to recuse the lawyers to get pardoned.
I refused to do so, but my lawyers - -based
on the court's promises - -abdicated, and I had to announce their withdrawal to
the court.
On that day, I argued with the judge and told
him that I had no animosity against the regime and asked why they see me as an
apostate and how come you concluded I'm guilty with only a couple of minutes of
a one -way speech and without any defense from my part?
He said that everything was over, and there
was nothing more to be done.
I told him about how the arrest came about,
the judiciary process and my whereabouts in those days. Something interesting
was the fact that the honorable judge didn't even know where I was on those
days.
Finally, he promised to summon me again the
next week, but he has done no such a thing so far.
7 - On March 16, 2000, I was again summoned
to the court. On that day, one of the employees of Branch 6 brought me to
another room, and two interrogators came again to interrogate me.
They told me that I was taking my last
breaths, and this was my last chance. They told me that they will release me if
I was honest. They said that when they are telling one "to be honest to be
released," usually, [that] means ... to be killed by them and to be released
from life. But this time, if I'm honest, they really will free me to be able to
go back to my family.
They told me that they are looking for the
real instigators responsible for the events, and that if I write what they
want, they will make a doomsday sermon with me to free me to go home.
They told things, such as, Ezatollah Sahabi (a political
dissident) being among those responsible, as he had stated before the event of
the dormitory that during the University holiday, such an incident would
happen.
They told me why I shall be in prison when
members of the Office of Consolidating Unity (OFCU)[2]
can go to Haj pilgrimage?
They quoted Goethe to me saying, "When
you're falling, you must catch others and make them fall as well."
Then, they brought me my file and showed it
to me with my death sentence and told me to go and think until Saturday, March
18, 2000, when I would be summoned to the court, but I was not summoned again
until the end of the year (the Iranian year commence on Mrach
21st).
This letter contains the main aspects of my
arrest, trial and sentence processes during the year 1378 (l999) that I
explained in short.
What is bothering me is that today the investigation
team of the judiciary is asking what is happening to me, but not wondering what
has happened before; and how the rights of silent people have been crushed
under the judiciary's feet without any sign of protest.
But I know that there's a time when the
strong wild horse of power will be tamed by the people and... despite
all this threatening speech, they (tyrants who rode the wild horse of power)
were unaware that the strong wild horse can just as likely fling and throw them
on the ground because of their actions... And maybe at that time, they would
understand that each action calls for a reaction ... (and the
ultimate justice is not that of the people against their tyrants) but the one
promised by our Lord who will interrogate them and sentence them so that they
learn to respect the rights of the people.
May it be so...
"A
dominion can live on without faith in God but never with injustice"
- Prophet Mohammed."
Ahmad Batebi
March
23, 2000