Iran Tribunal

First Conference

On Thursday, February 11, 2010, a first conference call was held for the steering committee of the planned Iran tribunal. The discussion focused on the structure of the tribunal. It was decided that a two-step proceeding would be used. First, a Commission of Inquiry comprised of six to ten jurists would investigate the alleged crimes committed in Iranian prisons in the 1980’s . Upon review of the evidence, the Commission would issue a report and, if applicable, indicitments. The Tribunal, acting as a court, would then hear the evidence and issue a verdict.

As a preliminary matter, it was decided that a document outlining the details of the Commission/Tribunal should be circulated for review and discussion. The document has been circulated, reviewed and approved as follows:

Stages of the Investigation

The description below is intended to be a brief sketch of the method by which an investigation of the gross human rights violations committed by the Iranian government in the 1980’s will take place.
As you will note, the proposal below is a hybrid of various international models of justice. Since the bodies established under this proposal will not have actual legal authority, they need not be constrained by existing legal traditions. As such, the proposal creatively draws from the “Truth Commission” model. The proposal also includes a tribunal that will pass judgment upon alleged culprits of gross violations of human rights.
According to the proposed plan, the investigation of human rights abuses in Iran in the 1980s will be compromised of two stages: a “Commission of Inquiry” and the “Tribunal”.

Stage 1: The Commission of Inquiry

Description	The Commission of Inquiry (the “Commission”) will be similar both to a “Truth Commission” (as such institutions have been popularized in recent years) and to a “Grand Jury” (as such institution has been used in Russell Tribunal tradition.) The Commission will assess whether indictments can be issued regarding the gross violations of human rights in the 1980s. The raison d'etre of the Commission is to allow victims to have a voice, to publicize the abuses of human rights, and to account for past atrocities.
Mandate	The Commission, established to investigate the murder of political prisoners and other gross human rights violations, will be unusual in its mandate as it investigate a government that is still in power. The Commission will be responsible for investigating the gross violations of human rights by the Iranian government in the 1980s.
Members	The Commission will be comprised of six to ten high profile jurists who will examine the weight of the evidence and produce (i) a report; and (ii) a recommendation as to whether the evidence warrants a trial.
Evidence	The Commission will allow victims, relatives of victims, journalists, experts and perpetrators to come forth and provide testimony. The strict rules governing the introduction of evidence in trials will be more relaxed in the Commission, thus permitting individuals to more readily come forward. Individuals who produce statements can appear in person or deposit witness statements in writing. Witnesses must limit their statements to personal experiences or areas of expertise. For example, families of political prisoners must limit their statements to what happened regarding the death of their relatives.
Timeline	The Commission will meet in person for a very brief period. However, it can receive and consider documents and testimony for a longer period prior to its meeting.
Final Product	The Commission will produce (i) a report based on evidence they have received in the course of the Commission’s operations; and (ii) a recommendation as to whether the evidence merits an indictment to be pursued by a larger tribunal. (N.B.: The published report mentioned in clause (i) above is in keeping with the Commission’s role as a Truth Commission. The recommendation of a hearing by a tribunal mentioned in clause (ii) above is in keeping with the Commission’s role as a “Grand Jury”.)
Funding	The funding for the proceedings will be provided by a special coordinating committee established by the organizers, a large group of survivors and family members of the victims of the gross violations of human rights in the 1980s. The committee has been, and will continue to, be conducting fundraising activities.

Stage 2: The Tribunal

Description	If the Commission recommends that the evidence they have examined merits a hearing by the Tribunal, such Tribunal shall be formed immediately and shall examine the evidence. The Tribunal shall function similar to a court, with prosecutorial and defense teams and a jury which shall decide on guilt or innocence of individual perpetrators.
Mandate	The Tribunal will examine only those indictments issued by the Commission.
Members / Jury	The jury will be comprised of twelve to twenty (depending on availability) international figures from various professions. The members of the Commission shall not act as jurors.
Evidence	The Tribunal will examine the evidence heard by the Commission and decide whether such evidence merits a convinction.
Charges	The Tribunal shall examine charges recommended by the Commission. It is anticipated that the charges will include crimes against humanity.
Defense	The defendants named by the Commission shall be entitled to a defense team comprised of lawyers. The defendants will likely not appear. Nonetheless, the defense lawyers are required to provide zealous and rigorous defense.
Prosecution	Members of the Commission who have recommended a hearing by the Tribunal (if applicable) may serve as the prosecution team.
Timeline	The length of time devoted to this Tribunal depends on the availability of jurors and resources. It is anticipated that he evidence will be heard in about two days.
Final Product	The jury shall deliberate and announce its verdict with a report on how it arrived at its finding.
Media	It is important that international media be invited to the Tribunal.
Funding	The funding for the proceedings will be provided by a special coordinating committee established by the organizers, a large group of survivors and family members of the victims of the gross violations of human rights in the 1980s. The committee has been, and will continue to, be conducting fundraising activities.