Seventy-third Session of Hamid Nouri’s Trial; Britain’s Famous ‘Queen’s Counsel’ Takes the Witness Stand

The seventy-third session of Hamid Nouri’s trial, who is accused of participating in the execution of prisoners in the summer of 1988 at Gohardasht Prison, was held at 2 p.m. on Thursday, March 10, 2022 in Stockholm, Sweden.

Jeffrey Robertson, an international judge, was a witness at this court session and participated via video from Britain with a slight delay. Judge Robertson’s report is one of the most important pieces of evidence among the prosecutors’ written evidence in Hamid Nouri’s indictment, which has been repeatedly cited throughout more than seventy court sessions.

Judge Jeffrey Robertson introduced himself at the beginning as one of the highest-ranking British lawyers who are given the title of “Queen’s Counsel.” At the start of his testimony, he answered questions about how the Abdolrahman Boroumand Foundation contacted him and why he accepted the request to write his report.

Judge Jeffrey Robertson said he spent several weeks to verify the credibility of the foundation that commissioned the report and the nature of the requested investigation.

Judge Jeffrey Robertson explained that in his report he interviewed approximately 40 survivors of the 1988 summer executions and a number of victims’ families. He answered questions from prosecutors and defense lawyers for the accused about the number and method of selection of interviewees.

Regarding the authenticity of Ayatollah Khomeini’s fatwa ordering the execution of prisoners and opponents of the Islamic Republic, Judge Jeffrey Robertson stated:

• I have no doubt whatsoever in the authenticity of the fatwa and the existing documents about it.
• [This fatwa] was issued with particular malice.
• This fatwa appears in the memoirs of Hossein-Ali Montazeri, the number two man of the Iranian regime. He was a dissident within the country’s supreme council and opposed these executions.
• Seyyed Abdolkarim Mousavi Ardabili, who was himself the Chief Justice, also refers to this fatwa. Mousavi Ardabili says this fatwa was obtained directly from Ayatollah [Khomeini].
• Evidence and indications suggest that there was a second fatwa as well in which the order to execute leftists was issued.

Judge Jeffrey Robertson expressed his views on the nature of the executions as follows:

• When it comes to the two Gohardasht and Evin prisons, there is strong evidence that the most horrific scenes took place there.
• Considering my investigations and witness accounts, I have no doubt that the executions occurred in two waves.
• I have no doubt that in the first wave, a greater number were executed. The first wave was also the subject of public attention and concerned the Mujahedin.
• Female apostate prisoners were whipped five times a day. But male apostate prisoners were sentenced to death.

Judge Jeffrey Robertson explained the reason for the issuance of the fatwa by Ayatollah Khomeini as follows:

• First, Ayatollah Khomeini’s anger at accepting a ceasefire in the war between Iran and Iraq. He had said he would rather drink the chalice of poison than accept a ceasefire.
• Second, the regime’s intention to eliminate all its opponents and ultimately the occurrence of Operation Forugh-e Javidan [Eternal Light].

The prosecutor asked Judge Jeffrey Robertson: Based on what evidence and documentation in your report do you conclude that the executions were planned several weeks in advance? The witness answered this question:

• There were documents that prepared the files of [prisoners] who were Mujahedin and rightist supporters [before the executions]. In one of the prisons, they used a code or color like red for prisoners who were to be executed.
• These executions were supposed to be carried out at an opportune time. This opportune time was Operation Forugh-e Javidan… A meeting was held in January to prepare for the execution of the Mujahedin, news of which came after my report was published. This meeting opened the way to execute the Mujahedin prisoners. This action of theirs [the executions] certainly required prior coordination. This plan [to carry out the executions] was planned at least several weeks before it was executed.

While emphasizing that the executed individuals were called “mohareb” (enemies of God) and executed because of their rejection and non-acceptance of the country’s official religion, Judge Jeffrey Robertson explained the manner of executions as follows:

• Based on my investigations, there is evidence. The courts that were held in these prisons were not like the courts we know. Prisoners were called and asked whether they were supporters of the Mujahedin or not… Then they were lined up and taken to the prison’s Husainiyah. They later transported the executed prisoners in refrigerated trucks, at night, to cemeteries.

While emphasizing articles eight and nine of the ICC law—the law on international criminal courts for crimes against humanity—Judge Jeffrey Robertson stated:

• These executions were certainly genocide. I wrote about this in my book. But genocide is not among the charges in this court.
• These [1988 summer executions] were a war crime and a crime against humanity.

In response to the prosecutor’s question about what sentences the officials responsible for these executions should face based on his research and report, Judge Jeffrey Robertson expressed:

• In my report, I have referred to the criminal responsibility of those who issued and executed these executions. Individual and personal responsibility is at play here. Not only those who gave orders but anyone who participated in the executions is responsible. This matter covers a broad range and is a crime against humanity.

Jeffrey Robertson’s testimony was accompanied by an objection from Hamid Nouri. The accused said: “He [Robertson] should use his memory. But he’s reading everything from his book.”

Thomas Sander, the court’s judge, in response to the accused’s objection, explained that it should be this way. He said: “I have allowed him. All of this report is with us and part of the file. So whether he reads it or not, we all know this report and have read it. You have also read it before. Don’t show that you are distressed and not pleased.”

Judge Thomas Sander told Nouri: “This witness differs drastically from other witnesses and those witnesses who must use their memory to testify. From now on there will be many such witnesses… You have to get used to it.”

On the sidelines of today’s session, Hamid Nouri’s son and son-in-law expressed their objection to the manner of filming by the Voice of America delegation covering this trial. The accused’s son, in response to the Voice of America cameraman who had apologized and explained that he was only doing his job, said in English: “Film me, but not my mother and the ladies [referring to his sister].”

It should be noted that Jeffrey Robertson’s report, which was commissioned by the Abdolrahman Boroumand Foundation, was 145 pages and published on August 27, 2010, contains many interviews and information about the 1988 summer executions.

In Robertson’s report, it was noted that in events such as the political executions of 1988, not only were a number of people killed because of their political and religious beliefs, but their families were also tortured by the state while unaware of the fate of these prisoners, suffering physical and psychological harm, and therefore have the right to claim compensation from the state.

Another important point regarding Robertson’s report is that it shows that crimes against humanity are never subject to statutes of limitations, and there is hope and possibility for justice for the families of victims and society.

The next session of Hamid Nouri’s trial will be held on Tuesday, March 15, 2022 (24th of Esfand 1400) with the testimony of Payam Akhavan, an Iranian-Canadian lawyer and human rights activist.

Source: Voice of America