Judicial Documents Regarding Siavash Mahmudi
The below documents concern the case of Siavash Mahmudi.
Ministry of Justice Office in Tehran Province
First Investigation Branch of the Special Homicide Department at the Public and Revolutionary Prosecutor's Office, District 27 (Criminal), Tehran
Final decision of the prosecutor's office
Date: January 11, 2023
Case number: 140168920003920500
Branch archive number: 0100557
Case No. 140168920003920500, First Investigation Branch, special Homicide Branch, Public and Revolutionary Prosecutor's Office, Branch 27 (Criminal), Tehran
Final Decision No. 140168390015191469
Plaintiff: Mr. Mohsen Khoda'i, son of Ali
Charge: Report of suspicious death
In the name of God, On January 11, 2023, an extraordinary session of the First Investigation Branch of the Special Homicide Department of the Public and Revolutionary Prosecutor's Office, District 27 (Criminal), Tehran, was held under the supervision of the undersigned. Case number 140168920003920500 is under review. Based on the findings of the investigation and a thorough review of the case documents, the investigation has concluded that the inquiry is sufficient. Following the will of God Almighty and the principles of honor and conscience, the investigation proceeds to issue the following verdict.
Lack of Jurisdiction order
To the esteemed Deputy Prosecutor and Head of the Public and Revolutionary Prosecutor's Office, District 27, Tehran,
Greetings,
Regarding the complaint filed by Mas'ud Mahmudi against the Islamic Revolutionary Guard Corps (IRGC) regarding the death of Siavash Mahmudi, and based on the contents of the case, it is determined that the victim was killed during the recent riots. Since the actions of the security forces at that time were not in their capacity as judicial officers, but rather in the performance of their duties, regardless of the nature of the incident or whether a crime was committed, the investigation falls outside the inherent jurisdiction of this office. Therefore, following Articles 116, 117, and 310 of the 2013 Code of Criminal Procedure, a decision of lack of jurisdiction is issued in favor of transferring the case to the Tehran Military Prosecutor's Office. This decision becomes final upon approval by the Prosecutor.
To the office: Please submit the case for review by the esteemed Head of the Prosecutor's Office. Upon approval, the case should be removed from the current agenda and sent to the Military Prosecutor's Office in Tehran.
Signature of the issuer
First Investigation Branch of Special Homicide Department, Public and Revolutionary Prosecutor's Office, District 27, Tehran (Criminal)
Mohammad Hossein Zare'i Tuphkhaneh
A certified true copy.
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Emblem of Islamic Revolutionary Guard Corps (IRGC)
Emblem of the Islamic Republic of Iran
Date: February 21, 2023
Classification:
Attachment: 2 pages attached
To:
Esteemed Investigator of Branch 7, Tehran Military Prosecutor's Office
From:
Command Headquarters of Mohammad Rasulullah Corps in Tehran
Judicial and Disciplinary Administration,
Subject:
The legal complaint by the next of kin of the late Siavash Mahmudi
In reference to letter number 401424000000814193 dated February 14, 2023, I am providing the following details following the order issued for your information and further instructions:
On February 16, 2023, the Judicial Expert visited the Basij Resistance District of Shahid Raja'i and the findings are as follows:
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Major Mehdi Izadi (Operations Officer of the Base) stated that no military weapons were used in any of the missions and the Basij forces used only paintball guns and launchers.
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Major Izadi also stated that no reports regarding this issue have been received so far.
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The judicial expert visited the plaintiff's residence and found that the address listed in the lawsuit belongs to Mrs. Akram Mahdavi (the plaintiff's aunt), who was not aware of the matter.
The minutes of the meetings are attached for your consideration.
Signed and sealed by Brigadier General Mohammad Tavakoli, Deputy Commander of Mohammad Rasul Allah Tehran Corps, on behalf of Brigadier General Hassan Hassan Zadeh, Commander of Mohammad Rasul Allah Tehran Corps.
Signed and sealed by Seyed Abbas Taqavi, Investigating Judge of the Tehran Military Tribunal.