A lawyer representing head of the nationalist opposition party Nehzat Azadi tells Radio Farda that the court which has summoned Ebrahim Yazdi to a trial next month for anti-regime activities, does not legally have the jurisdiction over his case. Also, he adds, the judge should remove himself from the case, since he is a party to another case against the lawyer.
August 14, 2004 - Secretary-general of the nationalist "opposition" party Freedom Movement of Iran (FMI), or Nehzat-e Azadi, Ebrahim Yazdi said he will not honor an Islamic revolutionary court's summon to appear next month in order to stand trial on charges of anti-revolutionary activities. He said he would only respond to charges if tried in an open court with the presence of his lawyers and a jury.
Nobel Peace Prize laureate Shirin Ebadi, along with lawyers Shahpour Manouchehri and Mohammad-Ali Dadkhah announced that they will represent Yazdi, who was arraigned last year on his return to Iran from the US, where he had gone for cancer treatment.
"When the Islamic revolutionary court was trying officials of the Nehzat-e Azadi, Yazdi was in the US. The court has set September 16 for Yazdi's trial," Yazdi's lawyer Mohammad-Ali Dadkhah tells Radio Farda's broadcaster Amir-Mosaddegh Katouzian, adding that Yazdi's legal team have filed papers protesting against the jurisdiction of the court.
"The court has no legal jurisdiction over the case, and the judge has lost his neutrality, since he has filed a complaint against me, which makes him ineligible," he adds.
According to the law, the revolutionary courts can only deal with matters such as drug smuggling and arms resistance. Political cases should be tried in open courts with the presence of lawyers and a jury, Dadkhah adds.
... Payvand News - 8/15/04 ... --