Motaleb Ahmadian Will Have a Trial Session in Sanandaj

HRANA News Agency – Motaleb Ahmadian, security prisoner in Sanandaj prison, who is currently being held temporarily in Saghez prison, will be tried soon by Branch 1 of the criminal court in Sanandaj regarding to one of his cases that has been held in undecided condition for more than 5 years. He has been charged with murder in connection with the robbery of a gold shop and he will go to the court soon, for “The Filth and Swearing”.
According to Human Rights Activists News Agency in Iran (HRANA), Motaleb Ahmadian, security prisoner in Saghez, will be tried soon by Branch 1 of the criminal court in Sanandaj.
A close source to this prisoner with announcing this news, told HRANA’s reporter: “At the moment, a murder indictment has been issued for Mr. Ahmadian and he will be taken to court for the Filth and Swearing”.
Motaleb Ahmadian has faced the charge of involvement in a murder during a robbery from a gold shop. The hearing will be held while Mr. Ahmadian has always denied the allegations.
“Swearing” is one of the methods to prove a murder according to the Penal Code, which has Articles (239 to 257) devoted to this topic and in addition to proving murder, is also used in proving Wergild and Injuries. The condition of “Swearing” implementation is being associated with the filth that has its condition and terms. The filth means the presence or existence of an evidence or a reason to conclude that the claim is true.
Legal experts believe that “The Filth and Swearing” current situation is less clear for the court and the reason is that, the “ruling” term has been mentioned in Article (239). The majority of lawyers and judges believe that the recognition and enforcement of “The Filth and Swearing” merely is possible in the presence of the judge of the court who issued the decision (ruling) and the Prosecution has no competence in these matters.
Motaleb Ahmadi, 31, from Baneh, was arrested on October 5, 2010, and after about 230 days in solitary confinement, was sentenced to 30 years in prison and was exiled to Minab prison on the charge of Muharebeh by membership in the Kurdish opposition groups.
Recently, a new case was formed for this political prisoner in relation to the events inside the prison and he was transferred to Saghez prison because of that, but he was acquitted of charges.
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