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Iran opposition NCRI sues Raisi in US prior to next month’s UN General Assembly

The Iranian opposition coalition National Council of Resistance of Iran (NCRI) announced a New York lawsuit against Iranian regime President Ebrahim Raisi on Thursday, calling on U.S. authorities to deny him a visa for next month’s UN General Assembly and take action against him.

The NCRI lawsuit accuses Raisi of torture and murder for his direct role as a member of the regime’s notorious “Death Commission” during the summer 1988 massacre of political prisoners across Iran, specifically in Evin Prison of Tehran and Gohardasht Prison of Karaj, just west of the Iranian capital.

Similar to complaints filed previously in England and Scotland, this civil lawsuit says that in 1988 Raisi was among the four officials who directly ordered thousands of executions as well as torture of members of the opposition People’s Mojahedin Organization of Iran (PMOI/MEK). Over 30,000 political prisoners, mostly members and supporters of the MEK, were sent to the gallows during the mass executions. The MEK is the cornerstone member of the NCRI coalition.

It is “beyond doubt that as deputy state prosecutor for Tehran province, Ebrahim Raisi, was a member of that death commission,” Steven Schneebaum, the lead attorney in the lawsuit, said in the NCRI’s Washington press conference.

For a crime of this magnitude, there has to this date been no justice.

This lawsuit in the United States, brought by these plaintiffs against this defendant, to be heard by a United States federal judge, is a small step toward that goal,” Mr. Schneebaum added.

The suit was filed in federal court in New York last week in the names of two people tortured at the time and a third person whose brother was executed. The plaintiffs include Ms. Sheila Neinavaie of San Francisco, Mr. Ahmad Hassani, and Mr. Amir Borjkhani.

“Raisi has not denied his participation [in the 1988 massacre] and in 2018 he was quoted as saying that the murders committed at the direction of the Death Commissions were ‘one of the proud achievements of the system,’” explained Judge Michael Mukasey, former U.S. attorney general, at the NCRI press conference. “Diplomatic immunity does not mean diplomatic impunity. Even diplomatic immunity has its limits,” Judge Mukasey emaphasized.

The lawsuit cites Amnesty International and U.S. sanctions declarations that accuse Raisi of complicity in the 1988 massacre. The suit demands for damages caused by the regime due to torture, extrajudicial killings, genocide and crimes against humanity.

The lawsuit specifically argues that Raisi, selected president last year through the regime’s so-called elections, actually does not enjoy immunity under U.S. law as a head of state and also an official foreign representative attending the United Nations annual general meeting at the UN headquarters in New York.

For beginners, Raisi is not a diplomat officially accredited to the United Nations, Schneebaum explained. And while Raisi is the regime’s president, the actual head of state of the Iranian regime is the mullahs’ Supreme Leader Ali Khamenei.

“Raisi is not a diplomat… and is not eligible for the privileges extended under the Vienna Convention. Nor is he in fact a head of state,” Schneebaum said.

Ms. Sheila Neinavaie, arrested in 1981 in Iran for supporting the MEK, delivered a moving testimony of her experience during the 1988 massacre, emphasizing “now is the time for justice and accountability.”

“I was among the very few survivors. After returning to my solitary confinement, I realized that most of the people I knew in the prison had been hanged, and the prison, which was full when I entered it, seemed deserted and empty… When I was escaping Iran, I felt the responsibility of echoing the voice of my fellow cellmates, and those who did not survive,” Ms. Neinavaie explained.

Mr. Ahmad Hassani, another plaintiff in the NCRI lawsuit, spoke of how his brother, Mahmoud, was executed in 1988 after appearing before the Death Commission.

“While in prison, he was tortured and abused physically and mentally… In 1988, we were hoping that he would be released soon, since he had already served seven years of his sentence. But we were shocked to find out that he had been hanged during the 1988 massacre, like 30,000 others, after refusing to renounce his support for the MEK and the ideal of Iran’s freedom before the Death Commission,” Mr. Hassani highlighted.

If U.S. authorities accept the arguments presented in the NCRI lawsuit, Raisi could be served with a warrant if he decides to attend the UN General Assembly that is scheduled to begin on September 13.

Such a development would require Raisi to submit a plea withing 21 days, Prof. Schneebaum explained.

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