Lawyer Demands Judge Resign from Case of Supposed Iranian Spies
The defense for the Walid Sharaf al-Din, Muammar al-Abdali, Abdullah al-Dailami is demanding the resignation of Judge Mohsen Alwan because of several issues pertaining to the litigation in state security court Monday, April 26, 2010
Net Nation / private
Authority has issued a defense of the defendants and Walid Sharaf al-Din, and Muammar al-Abdali, Abdullah al-Dailami in the case known as collaborating with Iran’s number (16) issued a press release called upon the Supreme Council of Magistracy and the device of judicial inspection, civil society organizations and political parties and organizations and the national press in charge of intervention to detect practices that are not responsible because of a breach of the grave man proceedings before the Court of Criminal primary and specialized primary penal prosecution accepted that the procedures established by the laws in force concerning the safety and health procedures
He said the communication and in spite of our agreement with the defense of the accused before this court specialist but there are several things marred the transparency and impartiality of the court and the prosecutor’s office since its initial, is as follows:
1 – deplores the defense procedures followed by the prosecution in the time that is not informed of the defense date for the initial meeting, despite follow-up to the defense thereof, the prosecutor’s office has invited the media and satellite channels and high density, and the exploitation of this public meeting the media to send political messages to the outside and inside contrast with a message calling for the elimination of abstract and highlight the fact that at the expense of the reputation of the accused and their families and shaming which constituted a clear violation to the principle of justice, the judiciary and the judge that the accused is innocent until proven guilty.
2 – Judge Mohsen Alwan, the commission presiding over the meeting of the Group breaches:
A – the judge and the prosecutor overseeing themselves at the presence of the media in the courtroom and to attend the meeting and when asked one of the accused judge the usefulness of these channels responded to the judge jokingly commented that the delay in Al-Jazeera offset by the presence of Al-Manar and the world, which is aimed at the existence of convictions advance by a judge and disclosure the doctrine of the court before a hearing of the charge sheet and discuss the evidence and hear exculpatory evidence which would undermine the integrity and fairness of the judge.
B – while reading the indictment by the prosecution committed a criminal violation of express constitutional judge when he directed the public prior conviction of the accused and to the media Benathm customers than to be stripped of status and turns the judge to discount and therefore he must step down and mandatory for the case.
T – during the reading of the prosecutor’s office told the prosecution evidence the judge to expel the accused Abdullah al-Dailami from the courtroom and then to the prosecutor Almitraf after receiving a telephone call during the hearing that the track out of the room and returned my copy of a paper submitted to the judge, allowed the then judge of the accused Abdullah al-Dailami to return to the hall with a provide the judge a lot of excuses. Which constitutes a breach of the principle of justice and the integrity and independence of the judicial proceedings.
3 – Despite orders from the judge on behalf of the Criminal filmed full case file to the defense at the request of the defendants but that the prosecutor’s office until the date of the meeting refused to portray the case of lawyers and only filmed record of the charge, which read in the briefing, which impedes the work of the defense and makes their presence a figurehead, which raises many doubts about the formal trial and the provisions of a pre-prepared for political purposes.
4 – despite the judge’s orders in the meeting and calling for the defendants forensic and medical specialists to detect them and determine the effects of torture and physical intimidation, psychological, suffered by the accused after being kidnapped and imprisoned for a period of nine months in the National Security Agency but that the prosecutor’s office rejected the decision of the Court the accused were brought to medicine Forensic and specialist features to hide the crimes of torture which are not time-barred.
That the defense is trying to work in an atmosphere of legal and democratic calls upon all institutions of civil society and political parties and organizations and national forces of living and the national press is responsible to enforce respect for the rights of the accused to a fair trial away from the accounts and classifications and political assassinations. And let the defense to the formation of the national defense of all lawyers who wish to expose such false accusations and trials. This has made the entire defense in today’s meeting 25/04/2010 request the judge step down is mandatory for the case for his convictions prior explicit and public in becoming the discount, not just sentence.
Have also made the defense thanks to all the lawyers, intellectuals and nationalists who attended the meeting and showed their solidarity with the detainees in the case of opinion and freedom of expression and this brought before the district court specialist.
