Court Ruling Regarding the Complaint of the Family of Omid Mo'ayedi
The document below concerns the case of Mr. Omid Moa'yedi.
Fourth Branch of Investigation Department of Fars Province Military Prosecutor's Office
Final Decision of the Prosecutor's Office
Decision Number: 140112390011601123
Date of Issue: March 19, 2023
Case Number: 140112920003569878
Branch File Number: 0100481
Judiciary Organization of the Armed Forces of the Islamic Republic of Iran
Case Number 140112920003569878
Fourth Branch of Investigation Department of Fars Province Military Prosecutor's Office
Final decision number: 140112390011601123
Plaintiff: Mr. Hamid Mo’ayedi, son of Hossein
Accused: Military and law enforcement officials of Fars Province
Address: Fars Province - Fars
Charge: Murder due to failure to comply with regulations regarding shooting by a military official during duty (2022 riots/ protests).
In the name of God,
On the above date, an extraordinary meeting of the Fourth Branch of the Investigation Office of the Military Prosecutor of Fars Province was held under the presidency of the undersigned. The attached case file is under review. Based on the investigations conducted and the examination of the case documents, the investigation is now terminated and found to be sufficient. With the help of Almighty God and guided by honor and conscience, the following decision is issued:
Decision of Acquittal
To the esteemed military prosecutor of Fars,
Greetings,
Following the complaint filed by Hamid Mo'ayedi, son of Hossein (born in 1972, national ID number 2297565453), an educated Iranian Shiite, married and currently residing in Shiraz at Edalat Street, Tondguyan, using telephone number 09173137292 (father of the deceased), against the security, law enforcement and military personnel of Fars Province, regarding allegations of intentional shooting and violating regulations which resulted in the death of the deceased, Omid Mo'ayedi, son of Hamid, please be informed as follows:
The incident happened as follows: During the protests and riots in September 2022 caused by the death of Ms. Mahsa Amini, the deceased was shot with a shotgun on November 15, 2022. After being transferred to Namazi Hospital, he passed away due to the severity of the wounds. Initial investigations and statements by Navid Mo'ayedi (the deceased's brother) confirm that the deceased was riding a motorcycle with him when they passed by the Mohammad Rasul Allah Clinic, where a crowd had gathered. According to Navid Mo'ayedi, the deceased got off the motorcycle to make an appointment with a doctor. Shortly after that, gunshots were heard and the crowd dispersed. Navid also left the bike and ran away. He claims that the shooters were in plainclothes and armed with guns and batons.
The necessary steps were taken, including obtaining expert opinions from the forensic medical examiner and the official judicial expert on shooting incidents, as well as conducting a field investigation to collect footage from any potential CCTV cameras installed at or near the scene of the incident. However, the lack of cameras in the area and the fact that the assailants were in plain clothes made identification impossible. The Fajr Corps has confirmed that no operational or security forces were sent to that area at that time for any mission.
Final Decision:
Despite the possibility that military or security forces fired the shots for various reasons, given the lack of identification of the perpetrator(s) and the fact that non-military and non-police individuals were also armed with shotguns during the recent riots, due to the inability to identify the suspect and attribute the crime to the security, law enforcement, or military forces of Fars Province, a decision of acquittal is hereby issued under Article 256 of the Criminal Procedure Code (2013). According to paragraph A of article 270 of the same law, the issued decision can be appealed by the complainants to the First Military Court of Fars Province within ten days of its notification.
If the above decision becomes final and the family of the victim asks for the blood money (diya), it is recommended that the case be transferred to the Military Courts of Fars to pay the blood money from public funds (Beit al-Mal). This recommendation is based on the Islamic legal principle that "the blood of a Muslim should not be unjustly wasted" ("لایبطل دم آمر مسلم"), under Article 85 of the Code of Criminal Procedure (2013) and Article 487 of the Islamic Penal Code (2013) with subsequent amendments.
Mohsen Nuhpisheh - Investigator of the Fourth Branch of Fars Military Prosecutor's Office
Issuer's signature
This is a true copy of the original.
Address: Shiraz, Artesh 3 Roundabout, North Sepah Street, Judiciary Organization of the Armed Forces of Fars Province