Lawyer for Jafar Kazemi Declares Moharebeh Charge Not Supported

Post-election prisoner Jafar Kazemi risks execution any day now. His lawyer Nasim Ghanavi states that the death sentence was confirmed by the Appeals Court and thus the execution can take place at any moment. Kazemi is charged with Moharebeh (waging war against God).

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The following is the latest interview on the status of Jafar Kazemi’s case. Lawyer Nasim Ghanavi speaks to VOA correspondent Farideh Rahbar:

Farideh Rahbar:

Jafar Kazemi is one of the prisoners who was arrested and detained in the 1980s for affiliation with the People’s Mujahedin of Iran (PMOI). He was released in 1990. On September 18, 2009 when he was arrested again, he was charged with Moharebeh (waging war against God) for association with the PMOI.

Nasim Ghanavi:

- Despite many efforts by me and Jafar Kazemi’s family, the death sentence was reconfirmed by the Appeals Court.

- There is no legal path to follow to save the life of Jafar Kazemi, since the charge is Moharebeh.

- Someone who is considered Mohareb is involved in armed activities that causes other people to live in terror. Kazemi was a supporter of the PMOI in the 1980s, and he was not involved in any political activities after that time. This to me is not grounds to charge someone with Moharebeh.

- In my opinion as a lawyer, this is not evidence to accuse Kazemi of Moharebeh. It was mentioned in the defense statement that the PMOI was disarmed, which means that the organization cannot be considered armed.

- Kazemi cannot be considered a member of the PMOI based solely on the accusations of the prosecutor. It cannot be proved that he is part of the PMOI, because he is not. Even if we state that he is a member of the PMOI, this still does not support the Moharebeh charge. It is possible that he could be found guilty of other crimes, but accusing him of Moharebeh and issuing the death sentence is a violation of human rights.