Mohammad Mostafaei’s wife Fereshteh Halimi and brother-in-law Farhad Halimi were taken hostage in return for his arrest.
In an interview with Radio Farda, Hassan Aghakhani, the lawyer for Fereshteh and Farhad Halimi, said that the family of his clients were told that in order for the Halimi’s to be released, Mohammad Mostafaei (left) must be turned in.
Mostafaei’s wife and brother-in-law were arrested on July 24, 2010, several hours after Mostafaei’s four hour long interrogation session.
Aghakhani states he has not been able to obtain the letter that makes him officially the representative and lawyer of his clients signed by Fereshteh and Farhad Halimi. He described how his clients were arrested, ”After Mr. Mostafaei was summoned and interrogated [by the Court Branch located in Evin prison], his wife and brother-in-law were confronted by security agents when they tried to enter their vehicle parked near Mr. Mostafaei’s office.” Aghakhani added that his clients were detained and transferred to the Security Interrogation Centre, and based on his contacts with them, they are held in the Security Detention Centre.
According to Aghakhani, his clients may be charged with “attempt to help Mohammad Mostafaei escape.” Meanwhile, Mostafaei’s father-in-law was informed that his children will be released in the event that Mostafaei is turned in. Aghakhani told Radio Farda, “Ms. Kianersi and I were supposed to represent Mr. and Ms. Halimi, but unfortunately, the magistrate told us that the director of the court has not allowed [my clients] to sign any representation letter.”
Aghakhani stated that he has no information on any possible warrant issued against Mostafaei, but hopes that in the case Tehran’s Attorney General and the Head of Judiciary learn about the arrest of his clients, they will act immediately on this “unlawful” ordeal.
Mohammad Mostafaei has represented some of the human rights cases in recent years, two of the most controversial are the cases of Behnoud Shojaee and Sakineh Mohammadi Ashtiani.
Behnoud Shojaee is a young man who was sentenced to death for a murder he allegedly committed while he was under the age of 18. His death sentence was postponed several times, but he was finally executed on October 11, 2009. Shojaee’s other lawyer Mohammad Oliyaifard was sentenced to a one-year prison term in February 2010. Oliyaifard was arrested on May 1, 2010.
Sakineh Mohammadi Ashtiani is a 43 year old woman from Tabriz. The possibility of her imminent execution by stoning resulted in an international campaign against the stoning punishment.
Some of the news sites tied Mostafaei’s summon to the court on Saturday, which was an international day of action against the execution of Sakineh Mohammadi Ashtiani.
However, a source aware of the proccess of Mostafaei’s summon and interrogation told Radio Farda that he was summoned under the pretext of acquiring illegal money in Behnoud Shojaee’s case. He was not, however, accused of anything during the interrogation. The question of earning the illegitimate money was in relation with a bank account opened by Mostafaei to collect funds for juveniles on death row*.
In an interview with Radio Farda, Shirin Ebadi, law expert and a Nobel Peace Prize Laureate, said that the arrest of Mostafaei’s wife and brother-in-law is completely against the regulations that govern criminal proceedings and detentions. She referred to their arrests as “hostage taking.”
Ebadi hopes that Mostafaei does not turn himself in and stands up against this illegal move. Ebadi suggested that Mostafaei should announce the hostage-taking of his wife, and state that he is not prepared to give in to the demands of those who took his family hostage. Ebadi emphasized that Mostafaei’s wife and brother-in-law have to be released, and then actions regarding any possible charges against Mostafaei should be taken in accordance with legal proceedings.
She added that, unfortunately, methods used in interrogations conducted by security and intelligence organizations never mention an individual’s real charges, but rather false matters are brought up during the course of interrogation.
Ebadi said that Mostafaei’s real crime is his belief that punishments like stoning and the execution of individuals under the age of 18 is not right. She states that the security interrogators have resorted to bizarre allegations to damage Mostafaei’s social standing and reputation, but of course nobody buys the accusations.
*Translator’s note: Diyeh (blood money) is the funds paid to the families of victims of murder so that their consent may be given to spare the life of the defendant. In Sharia Law, the family of the victim has two choices: receive the blood money and spare the life, or insist on Qesas (an eye for an eye, retribution) and thus the execution of the defendant.