Judicial Documents Regarding Mohammad Qobadlu

Below are translations of official documents related to the case of Mr. Mohammad Qobadlu
Supreme Court Verdict, July 25, 2023
"Do not let your desires prevent you from acting justly."
Emblem of the Islamic Republic of Iran
Emblem of the Judiciary:
Branch One of the Supreme Court of Iran
Judgment
Judgment No. 140206390000346716
Date of Issue: July 25, 2023
Case No.: 140191920005396796
Branch Archive No.: 0200572
Due to conflicting witness testimonies, the absence of CCTV footage, and ambiguity regarding the date on which the case was referred to Branch One of the Prosecutor’s Office of the Public and Revolutionary Court of Robat Karim County, a retrial has been requested on behalf of the convicted defendant, Mohammad Qobadlu. The request is supported by a renewed opinion from a specialist in neurology and psychiatry at the Tehran branch of the Forensic Medicine Organization and is based on subsections (j) and (ch) of Article 474 of the 2013 Code of Criminal Procedure. The case was referred to this chamber for review.
After examining the case file, this branch's panel deliberated and issued the following decision:
Decision:
Regarding the retrial petition submitted by the defense attorneys of the convicted defendant, Mohammad Qobadlu—specifically, Mr. Amir Ra’isian Firuzabad and Ms. Mahdokht Damghanpur—for Judgment No. 140168390013653257, issued on December 17, 2022, by Branch One of the Tehran Provincial Criminal Court I, which sentenced the defendant to qisas (retribution in kind) for intentionally murdering Mr. Farid Karampour, ten years of discretionary imprisonment for the attempted murder of Emergency Response Unit members Mehdi Baba’i, Mohammad Amin Aqajari, Alireza Bahrami, and Shayan Heidari, and one and a half years of discretionary imprisonment for intentional destruction of property. Following the issuance of the final verdict, a specialist in neurology and psychiatry from the Tehran branch of the Forensic Medicine Organization—who had previously affirmed the defendant’s mental competence and the absence of any major psychiatric disorder or diminished capacity for discernment and self-control at the time of the offense—issued a new opinion on June 28, 2023. The specialist identified symptoms of bipolar disorder, impulsivity, and high-risk behavior in the defendant, concluding that further psychiatric evaluation and reassessment were warranted. According to the law, the emergence of new facts or evidence after a final judgment is issued that could prove the innocence or lack of culpability of the convicted individual is grounds for a retrial. As the present petition satisfies the criteria outlined in subsection (j) of Article 474 of the 2013 Code of Criminal Procedure, as amended, this court grants the request for retrial pursuant to Article 476 of the same code. The case is referred for reexamination to a court of equal jurisdiction to that which issued the original final verdict.
Branch One of the Supreme Court of Iran
Presiding Justice: Enayat Hayati
Deputy Member: Asadollah Mas'udi Moqaddam
............................
Supreme Court Verdict, January 1, 2024
"Do not let your desires prevent you from acting justly."
Emblem of the Islamic Republic of Iran
Emblem of the Judiciary
The 39th Chamber of the Supreme Court of Iran
Court Judgment
Judgment Number: 140206290000820735
Date of Issue: January 1, 2024
Case Number: 140191920005396796
Branch Archive Number: 0200936
-
In light of the defendant’s explicit confessions made before law enforcement, the prosecutor’s office, and the court—particularly on pages 5, 6, 7, 10, 11, 12, 13, 358, and others—he admitted: "I take responsibility for the murder. After attending a memorial service in Saqqez, I was influenced by social media and public sentiment, which fueled my hatred toward the military and police forces. That is when I decided to carry out the act. I do not know how many people I ran over with the vehicle, but I intended to kill.”
-
Following a psychiatric evaluation, the Forensic Medicine Organization concluded in its October 20, 2022, report that there was no evidence of a major psychiatric disorder that impaired his capacity for discernment or volitional control at the time of the offense. He was therefore deemed fully responsible for his actions.
-
The court-appointed forensic psychiatrist testified beginning on page 356 of the trial proceedings: "The essence of a psychiatric evaluation lies in the patient’s account. One must assess the nature of the behavior and its consequences. The information provided by the defendant accurately reflects the events. He traveled to Saqqez the night before the incident, became emotionally disturbed, and was influenced by social media. These events led to anger. Although he suffers from personality and mood disorders that may affect his behavior, they were not severe enough to impair his ability to discern.” Subsequently, the same psychiatrist, in conjunction with a group of fellow psychiatrists and following the finalization of the verdict, submitted a letter to Your Excellency, as well as a separate letter to the Honorable Justices of the Supreme Court, requesting a reconsideration of the psychiatric assessment of the convicted individual. First, under Islamic jurisprudence and Iranian law, only legal insanity constitutes grounds for exemption from criminal responsibility. Based on expert assessments and an evaluation of the defendant’s statements, he was not deemed insane at the time of the offense. Second, psychological or psychiatric conditions that do not impair one’s capacity for discernment do not absolve a person of criminal liability. Third, nearly a year has passed since the crime was committed. Even if the defendant developed insanity afterward, it would not affect the validity or legality of the verdict issued at trial.
According to Judgment No. 140168390013653257, issued on December 17, 2022, the defendant was sentenced to qesas (retribution in kind) by hanging for intentionally murdering Mr. Farid Karampur. The defendant was also sentenced to ten years of discretionary imprisonment for attempting to murder members of the Police Emergency Response Unit, Mehdi Baba’i, Mohammad Amin Aqajari, Alireza Bahrami, and Shayan Heidari, by hitting them with a vehicle. The defendant was also sentenced to one and a half years of discretionary imprisonment for intentionally destroying six motorcycles belonging to the Emergency Response Unit of the Law Enforcement Command of Robat Karim County. The defendant’s attorneys filed a petition for appeal, which was reviewed by Branch 39 of the Supreme Court of Iran. In Judgment No. 140106390000965318, dated March 12, 2023, Branch 39 affirmed the appealed judgment in its entirety. Subsequently, the defendant’s attorneys submitted a petition for retrial on the grounds of the defendant’s lack of mental soundness at the time, citing subsections (j) and (ch) of Article 474 of the Code of Criminal Procedure (2013), as amended.
---------
Emblem of the Islamic Republic of Iran
Emblem of the Judiciary
Judgment No. 120206290000820735
Date of Issue: January 1, 2024
Case No.: 140191920005396796
Branch Archive No.: 0200936
Branch 39 of the Supreme Court of Iran
Judgment:
Based on the forensic medical report and the defendant’s clear and unequivocal statements on pages 5 through 13 of the case file, which leave no room for ambiguity or doubt, it is established that the defendant went to the scene of the incident after attending the memorial service for Ms. Mahsa Amini in Kurdistan intending to attack civilians and law enforcement. There, he carried out his plan. After killing one person, he drove his car toward others, including police officers, injuring them. He repeatedly stated that he intended to kill them. Therefore, there is no doubt regarding his mental capacity for discernment.
As these facts were examined during the original proceedings and no new developments justify a retrial, the defendant’s petition does not meet the requirements under Article 474 of the Code of Criminal Procedure. Furthermore, the Head of the Provincial Judiciary's assertion that Branch One of the Supreme Court's decision to allow the retrial was issued in error is valid and substantiated.
Accordingly, pursuant to Article 477 of the Code of Criminal Procedure, the contested judgment is overturned, and the convicted defendant's request for a retrial is rejected. This decision is final.
Branch 39 of the Supreme Court of Iran
Presiding Judge: Ali Razini
Associate Judge: Gholamreza Mazra’i
................................
Supreme Court Verdict, January 2, 2024
"Do not let your desires prevent you from acting justly."
Emblem of the Islamic Republic of Iran
Emblem of the Judiciary
Branch One of the Supreme Court of Iran
Judgment
Judgment Number: 140206390000822344
Date of Issue: January 2, 2024
Case Number: 140191920005396796
Branch Archive Number: 0201770
On January 1, 2024, case archive number 0201770 was under review. The honorable judges of Branch 5 of the Tehran Criminal Court I requested clarification and guidance regarding the procedural status of Mr. Mohammad Qobadlu's case through Decision No. 2768, dated December 20, 2023. The case was referred to Branch 5 of the Tehran Criminal Court I as a court of equal jurisdiction following the approval of a retrial regarding Judgment No. 3257, issued by Branch One of the Tehran Criminal Court I on December 17, 2022. This retrial was ordered by Judgment No. 6716, issued by this authority on July 25, 2023. However, since a request has been submitted to apply Article 477 of the Code of Criminal Procedure to Judgment No. 6716, dated July 25, 2023, and the case has been referred to Branch 39 of the Supreme Court of Iran for review, the retrial concerning Judgment No. 3257, dated December 17, 2022, issued by Branch One of the Tehran Criminal Court I, is currently suspended, pending the outcome of the Article 477 proceedings in Branch 39 of the Supreme Court of Iran.
Branch One of the Supreme Court of Iran
Presiding Justice: Ali Esfahani
Deputy Member: Asadollah Mas'udi Moqaddam
............................
Sentence Implementation Notification:
Emblem of the Islamic Republic of Iran
Emblem of the Judiciary:
In the name of God.
Tehran Province Judiciary
Branch Two of the Criminal Sentences Enforcement Unit
Public and Revolutionary Prosecutor's Office of Robat Karim County
Electronic Notification
Notification Number: (Unreadable due to poor image quality)
Case number: (unreadable due to poor image quality)
Case archive number: (unreadable due to poor image quality)
Date of Issue: (Unreadable due to poor image quality)
First Name: Amir
Last Name: Ra'isian Firuzabad
National ID Number: 0492668620
Type of notification: Warning/Summons — Deadline for Action by the Concerned Party.
Attendance deadline: 10 days from the date of publication in the electronic notification system.
Reason for notification: execution of the sentence.
Notification text:
The deadline for attendance is 10 days.
Reason for attendance: The convicted person, Mohammad Qobadlu, is scheduled to receive the qisas (retribution) sentence on Tuesday, January 23, 2024.
Issuing official: Majid Fard
Position: Deputy Prosecutor of the Criminal Sentences Enforcement Unit. Branch Two, Criminal Sentences Enforcement Unit, Public and Revolutionary Prosecutor’s Office of Robat Karim County — Majid Fard
Signature of Issuing Official.
The notification was sent to the Electronic Notification System on Monday, January 22, 2024.
A national ID card is required for identity verification.
Address: Tehran Province, Robat Karim County, Azadegan Boulevard (Davoudieh, Dadgostari Street)
Postal code: 3761/58461