Zahra Kazemi - Murder Trial

Murder Trial

Shirin Ebadi was the main representative of Kazemi's family at the trial, and represented them at the second and third sessions of Aghdam-Ahmadi's trial, which took place on July 17–18, 2004. In the court, Kazemi's mother mentioned that she wanted the real murderer to be prosecuted. She also mentioned that she saw Kazemi's body before the burial, upon which there were signs of torture.

Ebadi and the other lawyers of the family insisted in the court that they know that Kazemi was not killed by Aghdam-Ahmadi, and they need witnesses to be brought to the court in order to find the real murderer, who they guessed may be Mohammad Bakhshi, a high officer of the Evin prison. The list of witnesses they requested included Saeed Mortazavi, the general prosecutor of Tehran Mohsen Armin, reformist member of the previous parliament Hossein Ansari-Rad, Jamileh Kadivar, and Mohsen Mirdamadi, Minister of Intelligence Ali Younesi, the Vice President of Legal Affairs Mohammad Ali Abtahi, Minister of Culture and Islamic Guidance Ahmad Masjedjamei, the five judges who were present during Kazemi's interrogation, a few employees of the Evin prison, the president of the Baghiyyatollah hospital, and all of the medical staff who had signed her file. Judge Farahani denied all of the requests. The lawyers also quoted the official report of death that various of parts of Kazemi's body had been damaged and her clothes were torn and bloody, which proves that she had been tortured.

On July 14, 2004, the Iranian government rejected requests for Canadian government observers to attend the trial, despite promises and assurances by the Iranian Foreign Minister Kamal Kharrazi and judiciary officials to the Canadian Minister of Foreign Affairs Bill Graham. The same day, Graham recalled the ambassador at Tehran, Philip MacKinnon. MacKinnon, together with the Dutch ambassador (representing the European Union) and diplomats from the British and French embassies, were later allowed to attend the July 17 trial, though not the July 18 one. Judge Farahani was quoted on July 18 as saying that "(he) made a mistake yesterday. The bar is to show the world that Iran won't bow under pressure." Hamid Reza Assefi, the spokesman for the Iranian Ministry of Foreign Affairs, said "We hadn't permitted an observer from the beginning. But you should ask the reason for the ban from the court, there may have been a shortage of seats." Assefi also said that since Iran does not recognize dual nationality and Kazemi was an Iranian citizen who entered the country under an Iranian passport, never having requested her citizenship to be removed, that the case was clearly an internal affair.

The trial sessions ended on July 18, with the lawyers of the Kazemi family insisting that the time had not been enough for proofs to be given, witnesses to be brought to court, and the murderer to be identified. They also mentioned that the court didn't pay attention to their evidence. They refused to sign the session notes. The Canadian Foreign Affairs Minister, Bill Graham, defined these events as "flagrant denial of due process".

On July 24, 2003, Judge Farahani issued his judgment, clearing Aghdam-Ahmadi of the charges. He also mentioned that since the murderer has not been found, according to the Islamic sources the blood money should be paid by the government to the family. The lawyers of Kazemi's family announced that they will appeal the case, asking for a criminal court to be established to reconsider the whole case, or completing the numerous incompletenesses of the file. They also mentioned that if the family asks, they will bring the case to the international authorities, mentioning Iran's 1954 signatory to the Universal Declaration of Human Rights. The end of July saw Iran's judiciary adding "accidental fall" and "hunger strike" to the list of alleged causes for Kazemi's death. They claimed that Kazemi had gone on a hunger strike voluntarily, developed low blood pressure that made her dizzy, fell, and hit her head. Detractors point out that this story does not explain her broken bones, genital injuries or skin lacerations.