Esha, dressed in white

David ET
by David ET
27-Dec-2008
 

 

CSUN graduate student Esha Mdomeni was arrested October 15 while driving in Tehran, Iran and was taken to Evin prison where she was incarcerated for almost a month before formal charges of "propaganda against the state" were made against her. She has since been released from prison, after her parents put up their home for her $200,000 bail, but her passport is being detained.

 

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David ET

Dear Amirkabear4U

by David ET on

That is a great valid point that you are making. There are those within Iran including Ayatollahs such as Boroujerdi , Montazeri etc who question the compatibility of the regime with Islam and there are those who challenge Islamic Republic with their own laws and constitution (eg: Shirin Ebadi)

As for some of us who can also challenge the validity of IR's action versus Islam or IR constitution, the problem is for some who do not believe in either it is difficult to address that because by doing it, we will be taking sides on something we do not even agree on. 

As for Moderate Muslims who compose the majority, I totally agree with you that they should be more proactive in Iran and worldwide as their faith has long been hijacked by the extremists.

Having said all that in case of Esha and so many others in fact Mafia of Islamic Republic repeatedly violates its own constitution:

Article 32
No person may be arrested except according to and in the manner laid down in the law. If someone is detained, the subject matter of the charge, with reasons (for bringing it), must immediately be communicated and explained in writing to the accused. Within at most 24 hours the file on the case and preliminary documentation must be referred to the competent legal authority. Legal procedures must be initiated as early as possible. Anyone infringing this principle will be punished in accordance with the law.

Article 34
To ask for justice is the unquestioned right of every individual. Everyone may refer to the competent courts in search of justice. All members of the nation are entitled to have recourse to such courts within their reach. No one may be prevented from recourse to any court to which the law entitles him to refer.

Article 35
In all courts, both parties to the claim are entitled to select a lawyer for themselves. If they do not have the capacity to do this, the means of a lawyer being appointed to act for them must be made available to them.

Article 37
Innocence is the basic principle No person is considered legally guilty, except in cases where his guilt is established in a competent court.

Article 38
Any kind of torture used to extract an admission of guilt or to obtain information is forbidden. Compelling people to give evidence, or confess or take an oath is not allowed. Such evidence or confession or oath is null and void. Any person infringing this principle is to be punished in accordance with the law.

Article 39
Aspersion of the dignity of and respect due to any person who has been arrested or put in detention, or imprisoned or exiled by command of the law is forbidden in any form, and is liable to punishment.

Article 168
Political and press offenses will be tried openly and in the presence of a jury, in courts of justice. The manner of the selection of the jury, its powers, and the definition of political offenses, will be determined by law in accordance with the Islamic criteria.

Article 171
Whenever an individual suffers moral or material loss as the result of a default or error of the judge with respect to the subject matter of a case or the verdict delivered, or the application of a rule in a particular case, the defaulting judge must stand surety for the reparation of that loss in accordance with the Islamic criteria, if it be a case of default. Otherwise, losses will be compensated for by the State. In all such cases, the repute and good standing of the accused will be restored.

and the list continues .... !


amirkabear4u

Justice

by amirkabear4u on

It has come to my mind and feel need to mention it. It seems no one ever mentions why we are not fighting IRI by islamic laws instead of just arguing. It is clear by muslims too that IRI is not even following islamic laws too. I think they will politically suffer a great deal if they were reminded that they are not doing things according to islamic law. They can not make arrests or imprison people without evidence.

What is your view on this?