The ruling is against the law and Islamic Sharia.
In his second letter to Chief Justice of Iran, Mr. Mohseni Ejei.
In the Name of God
Your Excellency, Mr. Ejei, Honorable Head of the Judiciary;
Greetings;
As you are aware, 22 years ago, the late Ayatollah Hashemi Shahroudi, the then Head of the Judiciary, stated that “today the Judiciary is nothing more than a ruin.” Your Excellency, after assuming the position as the Head of the Judiciary stated that “today I confess that we have not yet made any changes in the Judiciary.” The clear statement of this indicates the serious and legitimate concerns of your Excellency about the situation of the judiciary and the need for fundamental reforms, which is a source of hope.
In the previous letter dated 12/7/1400 (26 February 2022) I submitted a documented and comprehensive report on the contract of ‘Gol Shargh Kish’ and the verdict of Branch 68 of the Tehran Court of Appeals regarding my conviction as well as some other former managers of the Kish Organization. It is crucial to note that in the case proceedings, a forged contract with a forged signature in my name was submitted to the court file. It is now clear that the purpose of the forgers was to convince the judge of the case that I was involved responsible and signed in the contract of the East Kish Flower Project. The forged document is attached.
All the documents in the verdict of Branch 68 of the Court of Appeals are related to the period from June 2002 to June 2005.
During the mentioned period, after the contract was signed in 2002 and according to the report by the Organization of the General Inspection Organization, a judicial case was formed in the branch of combating economic corruption. The contract for the ‘Gol Shargh Project’ was approved by the Board of Organization for Attracting Foreign Investment and was subsequently protected by the Foreign Investment Protection Law in Iran. The then Minister of Economy also announced the approval and noted the implementation of the contract through letter No. 19240 attached.
Given the lawsuit and media attention to the issue, the European Consortium in its letter No. 276250/183 to the then President of the Kish Free Organization announced its readiness to cancel the contract, but noted that “the continuation of the project is subject to a final and written decision of the Iranian officials.” “The authorities of the Islamic Republic of Iran will be.” The letter from the European Consortium is attached.
The CEO of Kish Free Organization requested in a letter No. 2/28495/183 the then Head of the Judiciary, Ayatollah Hashemi Shahroudi, “to officially announce if he views the implementation of the project by the contractor against the interests of the people of the Islamic Republic.” The letter of the CEO of Kish Organization is attached.
Letter of the CEO of Kish Organization and the file of Gol Shargh project in the meeting between the President, Head of the Parliament, Head of the Judiciary as well as Ministers of Economic Affairs and Intelligence was examined. In that meeting, all the allegations of corruption, collusion, embezzlement in government transactions were decisively rejected and the validity of the contract was confirmed. Subsequently, the decision of the Chiefs of Forces was notified to the CEO of Kish Organization in letter No. 0118/2249 dated 12/26/83, and the organization is officially and legally obliged to implement the Gol Shargh project in accordance with the contract. The letter is attached.
As a result, the Kish Organization was delegated to assume responsibility for implementing the Gol Shargh Project.
Following the decision of the Heads of Executive and Judiciary Branches, the case was drooped. In the letter No. 2/28495/183, the Head of the Judiciary noted that “the implementation of this project should be fully supported and that he has personally reviewed the case of Gol Shargh and believes that the project should be supported. Therefore, considering the approval and support of the highest authorities of the Islamic Republic of Iran, it is necessary for you, on behalf of the investor consortium of Gol Shargh project, to start the project with full force and power within the framework of contracts concluded with Kish Free Zone Organization.” The letter is attached.
About 7 years after the end of the judicial case, that is, in 1390 (2011), a new judicial case was formed, which is basically related to the period of Mr. Ahmadinejad’s presidency. Because during Mr. Ahmadinejad’s presidency, with the approval of the Cabinet, the parties to the agreement were allowed to refer to the Paris International Arbitration should disputes arise. During this period, an amendment to the main contract was signed and approved by the High Board of Foreign Investment. The amendment was announced to the then Minister of Economy. The resolution of the ministers is also attached.
However, despite the approvals of the highest legal authorities of the country in the two administrations, the contract of Gol Shargh project and its amendment in 2008 was unilaterally canceled by the next management of Kish Organization and the order to return the lands and evacuate them will be announced.
The Branch 68 Court of Appeal states that:
“In the amendment of the contract during Mr. Ahmadinejad’s administration, the interests of the government have not been served and conditions that violate the rights of the government and in favor of Mr. Alam Beigi have been added to the contract. It seems that 100,000 square meters of the sea has been assigned to Mr. Alambeigi illegally and without receiving any payments. In addition, the organization has promised to repel the opponents within six months from the date of the amendment and hand over the land to the buyer in full. And by eliminating the terms and timetables set out in the contract, the buyer’s obligations are virtually eliminated. “Additionally, contrary to Article 139 of the Constitution laws, the Paris International Chamber of Commerce is included in the contract as an arbitrator.”
However, in the court’s verdict, there is no condemnation of the relevant managers of Mr. Ahmadinejad’s presidency!
Based on the above documents, it is clear that the verdict of Branch 68 of the Tehran Court of Appeals regarding the accusation of collusion in Contract No. 178267/16 dated 4/25/2002 is contrary to the laws, regulations and Sharia for the following reasons:
1- The allegation of a crime is based on the contract of 4/25/2002, while the new judicial case was filed on 5/29/1390, which according to the law is subject to the expiration of the prosecution time, and the case was subject to a suspended restraining order at the same time in 1390 (2011) and regardless of the nature of the case. have been. Mr. Fazlali, the Head of Branch 68, has also invoked this law in order to acquit me and others.
2- Regardless of the fact that the judges and counselors of Branch 68 of the Court of Appeals, while opposing the said decision, entered into nature and acquitted me in a separate verdict, but in a surprising act, the verdict again sentenced me and others to imprisonment and a fine. Issued to include only the managers and staff of the Kish Free Zone Organization in the period 1381 to 1384 (2002-2005) and condemned them for a contract that after the report of the Inspection Organization and the formation of a judicial case, the said contract in the highest legal authority to investigate economic corruption in the presence of the heads of three branches, the head of the General Inspection Organization as the plaintiff and the head of the branch for combating economic corruption as the judge of the case, the ministers of information and economy, the investigation and suspicion of corruption and collusion and waste in government transactions in the said contract is rejected The contract is approved and the Kish organization is obliged to implement the Gol Shargh project according to the contract.
3- After the approval of the heads of forces, the judicial case of the project related to the period 1381 to 1384 will be closed and a new judicial case will be formed about 7 years later during the presidency of Mr. Ahmadinejad in 1390 (2011), which is mainly related to allegations of violations during the presidency of Mr. Ahmadinejad. This fact is also stated in the appeal court’s statement. One may wonder, however, that the why doesn’t the statement mention any of the relevant managers in Mr. Ahmadinejad’s government! And the sentence includes the managers of the period whose case was closed 17 years ago by the decision of the heads of the three branches of the system!
4- In the mentioned case, Mr. Ghasemi, the CEO of Kish Organization, who is responsible for all the obligations of the organization according to the law, and Mr. Najafi, Deputy of Economy of Kish Organization; Each of them have been fined in the amount of 8 million Tomans. Mr. Fazel, the legal director of the Kish Organization, will also be acquitted, but I, who only introduced the investor, have been sentenced to 11 months in prison! In addition, the imposition of a fine of 8 million Tomans for the main and legal officials of the Kish organization at the time also indicates that the accusations are baseless. Of course, I have always believed that these gentlemen tried with the utmost honesty and compassion to implement a national project in the country, and finally submitted to the decision of the supreme leaders of the country, and no crime was committed, and a fine of 8 million Tomans has no legal legitimacy.
5. Even in the absence of approvals and decisions of the highest legal authorities of the country, I had not committed any crime because I did not interfere in any of the contracts of the project and I only introduced and encouraged the investors to invest in Iran. Introducing and encouraging the investor is not only not a crime but also a national and legal obligation.
6- Even if one hypothetically considers that there was corruption or collusion in the abovesaid contract, the culprits were the officials who approved and endorsed it in the High Investment Council, the meeting comprised of the Heads of the three branches and the cabinet in both governments of Khatami and Ahmadinejad. And not managers who, by law, have obeyed the approvals of the highest legal authorities in the country.
Given all of the above and the attached documents, please issue an appropriate order regarding the annulment of the ruling of the Branch 68 Court of Appeal.
Sincerely,
Seyed Hossein Mousavian
نامهی دوم موسویان به رئیس دستگاه قضا: حکم خلاف قانون و شرع است
