The following information was obtained during 4 and 10 March 1999 telephone interviews with an attorney from a Tehran law firm that maintains liaison offices in Paris and New York. He described Iran's system of law as very similar to that of France, but added that there are a number of different courts/tribunals that issue a wide range of forms or notices. However, the forms used by one court/tribunal are generally consistent throughout the country. Furthermore, as in the French legal system, an "investigative" judge, rather than a grand jury, is used to determine whether there is enough substance for a case to proceed. As such, that judge has the authority to summon witnesses and/or a potential accused to determine whether a trial will actually occur.

He stated that what can be referred to as a "court summons" is used in both civil and criminal cases, but that in Iran they are generally known as a "notice to appear." The lawyer described the summons/notice as a "warning" in a civil case that legal action is being taken and, as such, if the summons is ignored then the lawsuit will proceed without the participation of the person named in the summons/notice. In criminal cases the summons/notice can be understood as "official notification" that the participation of the named person is required in a criminal investigation, either as a witness or as an accused. The lawyer said that for "mainstream criminals" warrants for their arrest are usually issued, which means that police will take the person into custody. However, in these cases the accused normally has an opportunity to post a "bond" or bail to maintain their freedom pending their trial. Court summons/notices are also used for traffic offences and minor criminal cases. If summons/notices in criminal cases are ignored by the person served, then a warrant for their arrest could be issued. However, the lawyer indicated that this would depend on the circumstances and the severity of the case.

If a person is found guilty in a criminal case then a "notice of conviction" is issued by the presiding judge. The lawyer indicated that the judgement could be hand-written but that it is more common now for it to be typed. The convicted person is served with a copy of it. The lawyer stated that when a person is notified of their conviction then they must fulfill the proscriptions of the notice of conviction which could be either incarceration or the payment of a fine. However, if the crime involved a person who can be identified as a victim, then the victim, or his/her family can "forgive" the person who was convicted. In those circumstances, the person convicted then pays an agreed upon monetary compensation to the person injured or to his/her family. The lawyer said that this effectively means that some persons can buy their way out of serving their sentences.

A forfeiture document, according to the lawyer, is "a judgement of the revolutionary court to lose your assets" and he indicated that it "happens all the time." He explained that it is a "form of guarantee." The forfeiture document is used in, but is not limited to, circumstances involving bond/bail and it is often used to secure the assets of "people who are deemed to be anti-revolutionary." In cases where a person has been arrested, another person can "put up assets" as a promise that the first person will appear in court. If the accused fails to appear, then the assets are "forfeited." These assets can also include the "body" of the second person, such that if the accused flees then the second person is taken into custody.

The lawyer also stated that the above documents would not be difficult to forge but, at the same time, it would not be difficult to check their veracity with court records in Iran. For example, he stated that convictions are now commonly kept in computer records that are accessible throughout the country.

There are also a variety of documentary reports concerning people receiving court summons, not responding to court summons, as well as being arrested when arriving at court. The following reports relate to persons responding to court summons. Iran News reported on 14 February 1999 that Abdollah Nouri, managing director of a newspaper, was "summoned to appear before the Special Court for Clergy" but Iran News did not provide further details. In December 1998, a lawyer who had testified against a police chief, was summoned to court and the managing director of a newspaper which had reported on his testimony was also summoned (IRNA 24 Dec. 1998). The managing director was later acquitted of charges but her paper was fined two million rials and suspended for two weeks (ibid.). According to SOBH "the Revolution Court's Complex Office in Tehran" had served summons on several "liberal" journalists and that they "have been interrogated on their efforts and programs regarding assistance to...publications" (22 Nov.-21 Dec. 1998). The director of a daily newspaper was summoned to court and stood trial following the filing of a complaint "against him by the Commander of the Islamic Revolution's Guard Corps" (Iran News 26 May 1998). A columnist for "Tous, a liberal newspaper" was arrested at court in response to a summons (The Houston Chronicle 20 Sept. 1998). After "criticizing the performance of some officials" a university student received a summons from the Islamic Revolutionary Court (Iran News 4 Jan. 1999). He was questioned and then released on bail (ibid.).

The following reports relate to persons who did not immediately respond to court summons. After a summons was issued to the press secretary of the Culture and Islamic Guidance Minister, his lawyer went to the court in an unsuccessful attempt to have the charges revealed (Akhbar 28 May 1998). There was speculation that he would "be charged in connection with the explicit stance he adopted when defending press freedom" (ibid.). IRNA reported that "the director of a moderate newspaper" was arrested for failing to respond to a court summons (AFP 13 June 1998). After not responding to a court summons, the managing editor of another newspaper was detained and arraigned (IRNA 11 June 1998). After failing to respond to a court summons, Assadollah Bayat, "a close ally of President Mohammad Khatami, was arrested on charges of swindling and forgery" (AFP 17 Dec. 1998). Keyhan reported on 30 October 1997 that the mayor of Tehran, Gholamhossein Karbaschi, had not responded to several court summons and in response, the head of the Judicial Branch stated that a warrant for his arrest would be issued if the mayor continued to not appear. AP referred to an Iranian newspaper report that the Tehran mayor had appeared in court on 9 November 1997 after ignoring an earlier court summons (10 Nov. 1997). He was warned by the judge that he could be fined five billion rials (US$1.6 million) if he did not respond to court summons in the future (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Agence France-Presse (AFP). 17 December 1998. "Pro-Khatami Cleric Arrested in Iran for Alleged Swindling." (NEXIS)

_____. 13 June 1998. "Iranian Authorities Detain Director of Moderate Newspaper." (NEXIS)

Akhbar [Tehran, in Persian]. 28 May 1998. "Iran: Irna Paper: Minister's Press Secretary Summoned to Court." (FBIS-NES-98-157 6 June 1998/WNC)

Associated Press (AP). 10 November 1997. "Court Probing Graft Bans Tehran Mayor From Leaving Country." (NEXIS)

The Houston Chronicle. 20 September 1998. "World Briefs: Political Columnist Held, Tehran, Iran." (NEXIS)

Iran News [Tehran, in English]. 14 February 1999. "Iran News Carries Press Review for 14 Feb." (FBIS-EAS-1999-0215 14 Feb. 1999/WNC)

_____. 4 January 1999. "Iran: Iran News Press Review Cites Papers on Council Candidates." (FBIS-NES-99-015 15 Jan. 1999/WNC)

_____. 26 May 1998. "Iran: Court Summons for Iranian Daily's Editor From IRGC's Safavi." (FBIS-NES-98-155 4 June 1998/WNC)

IRNA [Tehran, in English]. 24 December 1998. "Iran: Tehran Court Summons Witness Accused of Lying." (FBIS-NES-98-358 24 Dec. 1998/WNC)

_____ [Tehran, in Persian]. 11 June 1998. "Iran: Managing Editor of Iranian Daily Detained for Violations." (FBIS-NES-98-162 11 June 1998/WNC)

Keyhan [London, in Persian]. 30 Oct. 1997. "Iran: Yazdi: Karbaschi Would Be Arrested if Not in Court." (FBIS-NES-97-318 14 Nov. 1997/WNC)

Law Offices of Alexander Aghayan, New York. 4 and 10 March 1999. Telephone interviews with lawyer.

SOBH [Tehran, in Persian]. 22 November 1998 - 21 December 1998. "Iran: Iranian Revolution Court Questions 'Liberals,' Newsmen." (FBIS-NES-98-343 9 Dec. 1998/WNC)