The restrictions and deprivations imposed on the Gonabadi Dervishes have a long history in terms of media and legal rights. Followers of this mystical community have been repeatedly summoned, arrested, interrogated and sentenced to prison and exile without due legal process by the Iranian government since 2005, after the destruction of the Shari’at Khanqah in Qom. Their leaders have been placed under house arrest and have been constantly monitored.

Unfortunately, due to the media ban on the Dervish community in Gonabad, the level of awareness and information about the profession and way of life of Gonabadi Dervishes is very low and insignificant. The little information they have about them is from scattered news that is written about them in the virtual space.

The encounter of the Iranian people with this Sufi sect was when the Iranian television showed a man named “Mohammad Salas” with a bloody and bandaged face lying on a hospital bed, confessing in front of the camera that he was the killer of police officers in the Pasdaran area of Tehran (Golestan-e Haftom). At the same time as this confession – which is a clear violation of the law – the media labeled the Gonabadi dervishes as “Daeshis” and created a platform for manipulating public opinion.

On the last day of Bahman month last year, a news was published on social media indicating the government’s intention to suppress the Dervishes. The start of this news was from government media and under the supervision of the Revolutionary Guards and Basij, and it reported the end of the Islamic Revolution and the closure of the Dervish gathering place, which was the residence of the Dervish leader (namely the 7th garden on Pasdaran street).

The seventh incident in Golistan reached its peak when both sides of the seventh street were blocked by law enforcement, Sepah and Basij forces, and the dervishes who were surrounded by these forces could not find a way to leave the area. Meanwhile, news is spread by domestic news agencies and Telegram channels under the supervision of Sepah and Basij, which not only confuses and bewilders the dervishes, but also provides an excuse for attacking and tearing them apart by the authorities: “Undermining law enforcement officers by a bus driven by a dervish and the martyrdom of three of them.”

Attackers have surrounded the dervishes in a short amount of time to justify their unlawful actions of severely beating the dervishes. They film and send it to government news centers, in which a person with a bloody and bandaged face introduces himself as Mohammad Salas and confesses to murder.

Although the only true witnesses of the incident (meaning the beggars present at the scene) are immediately arrested and have been in prison for over two months now, the Tehran prosecutor, in his hasty and rash statements that are a mixture of arrogance and boasting, claims that in a spontaneous Basij movement, within 48 hours, a criminal charge for intentional murder has been issued and referred to Branch 9 of the Criminal Court. This branch, after holding a few so-called “public” sessions and broadcasting selective parts on TV and radio, issues a verdict of three times retribution and sentencing of the accused in less than 24 hours from the announcement of the end of the trial.

Although a detailed study of the contents of the case is necessary for legal and procedural examination of the subject, formation of the case, and enforcement of formal and substantive laws, any educated person in the field of law can even identify numerous formal and substantive flaws without studying the case.

Issuance of the indictment within 48 hours.

Regardless of the principles of criminal cases and who was the bus driver or who committed the murder, intentional or unintentional, it must be emphasized that in every criminal case, there are specific rules and procedures for discovering the crime, pursuing the suspect, conducting preliminary investigations until the issuance of an indictment and a criminal complaint, which must be followed according to the laws of the country.

What the eager and hurried prosecutor of Tehran must answer is whether these conditions and rules have been met in this short 48-hour period.

1. After the incident and its announcement to the judicial authorities, the special homicide investigator, along with the crime scene investigation team, will be present at the scene and issue orders for preliminary investigations.

2. Site Inspection and Local Investigation: Expert officers, with the order of the investigator, gather all the reasons and evidence available at the scene and conduct a thorough investigation with the help of witnesses and observers of the incident.

3. The understanding of the accusation against the defendant should be done in the presence of the defendant’s lawyer and by presenting evidence and reasons for attributing the accusation to the defendant in court.

4. The accused must be transferred to medical centers for treatment after being informed of the charges, and any interrogation and confession obtained from them under illegal and unreliable conditions is not permissible; especially for an accused who has been severely injured with a firearm or cold weapon according to multiple evidence.

5. The legal rights of the accused must be explained to them by law enforcement and the investigator. One of the most important rights of the accused is the right to remain silent and the right to have a designated attorney. The investigator must give the accused enough time to obtain a designated attorney, and if the accused does not introduce an attorney within a specified period, the investigator must appoint a public defender for the accused. Failure to do so within 48 hours is the main reason for the violation of the accused’s rights. It seems that the sole purpose of appointing a public defender in this case without any defense by the accused is an attempt to appear legally compliant and escape from the precise execution of the law.

6. In order to identify the heirs and introduce them as private complainants and judicial applicants, an exclusive inheritance certificate must be issued after going through legal procedures and publishing in newspapers. This process requires at least one month under the best circumstances. In case of a small number of heirs and determining the value, it may take a longer time.

7. Complaints from all heirs should be filed after obtaining the certificate of inheritance exclusivity.

8. Having enough opportunity for the suspect to meet with their lawyer and explain and describe the situation to their lawyer, including the main issues in the case, is one of the main matters that cannot be adhered to within the 48-hour deadline.

9. Having enough time for the lawyer to study the case, review documents and evidence, and prepare the necessary defense and present a draft.

10. Performing scene reconstruction with the presence of the suspect and their legal counsel.

11. Issuance of a “temporary detention” order and a ten-day opportunity for the accused and their legal counsel to object to the order.

12. Delivery of the bodies of the victims for expert opinion to the forensic medicine. Forensic medicine declares the extent of injuries, cause, and time of death after autopsy. This opinion can be objected by the accused and the legal guardians within a specified period of time.

13. The presence of guidance and driving experts and the presentation of their expert opinion to declare the existence or absence of any technical defects in the bus.

14. Referring the accused to a forensic doctor for assessing their mental health and well-being.

15. The right of informing the relatives of the accused about being under surveillance and responding to them for the purpose of appointing a designated lawyer.

16. Taking the final defense of the accused after completing preliminary investigations with the presence of the lawyer and obtaining the defense of the accused’s lawyer.

These cases and many other legal rules and regulations could not under any circumstances lead to the issuance of a criminal complaint within a 48-hour period. As mentioned, these regulations are merely formal rules that must be followed in the event of a criminal case, and substantive issues of the case, such as the attribution or non-attribution of the crime to Mr. Mohammad Salas, the proof of his physical and mental health, the presence or absence of conditions and obstacles that would absolve him of criminal responsibility, the knowledge and intent to commit a criminal act, the examination of justifiable defense conditions, such as the proof of committing an act to repel an attack or danger, and the proof of non-compliance with defense conditions, must be carefully examined so that the rights of the accused are not violated; especially in the case of an accused person facing charges of intentional murder and the death penalty.

Investigating a murder charge, especially in a case that has caught the attention of the public and even human rights organizations around the world, is not a matter that can be concluded quickly based on the confession of the accused and without following the proper legal procedures.

The rules and legal provisions that judicial courts are obligated to observe are part of the accused’s fundamental rights, and not adhering to them cannot be considered a revolutionary, jihadi, or mobilizing action, but rather a violation. This will not bring pride to the judicial system, but rather weaken it.