Why are the votes of “Indian almond thief” and “Khuzestani farmer” not coincidental?

Fars News Agency Legal and Judicial Department – Less than a month has passed since the publication of the strange verdict of the Indian almond thief, and another strange verdict is being circulated in the media. “One and a half years in prison and two years in exile” for a farmer who angrily threw stones at a helicopter that landed on his farm and broke the helicopter window.

Both verdicts have been reviewed in the media and their formal and legal objections have also been expressed, but apart from the objections of the two cases and their strict verdicts; A significant issue is the situation of the defendants in these cases during the trial.

In the case of “Indian Almond Thief”, a middle-aged father of three children with bad financial situation is summoned to court due to committing the theft of three packages of Indian almonds, the price of which eventually reaches 100,000 Tomans. He goes to court anxiously and does not even imagine that he should have a lawyer and defend himself. As stated in the sentence, he defends in vain and is eventually convicted in a court of first instance.

The almond thief that we only know is Hassan’s son, when the verdict is served on him, he does not know at all that he can appeal the verdict and maybe he does not know at all what the appeal means; So he gets scared and runs away. The 20-day appeal period expires and the six-month prison sentence and 40 lashes for the cashew thief are final.

The story is more explicit in the case of the “breaking the helicopter glass” case. An emergency helicopter takes off to carry the disease in one of the “impassable” areas of Khuzestan, where it is not possible to travel by car, and lands on the “Seyed Bozorg” agricultural land in the mountains of “Seyed Khedr” village.

The old man of the village who sees this giant car, which he may see for the first time, destroys the product of his year-long effort with the strong wind it has created, becomes naturally angry and throws stones at the helicopter so that it may move away from its ground like a pesky crow. But the $ 3,000 glass of the helicopter breaks and Dehdez Health Center becomes the plaintiff of Sayyid Bozorg!

We do not know whether Seyyed Bozorg was able to see his message in the Sana system in that remote village where he had to use a helicopter to transport his patients; But we can guess that this old village man had to go through a lot of hardships to get to the Dehdez Public Court branch, which has no roads to get around, a hardship that is unlikely to be endured by Sayyid Bozorg, who, according to his fellow villagers, “could even build a room for himself.” “It doesn’t have either,” he said.

So Sayyid Bozorg is sentenced to one and a half years in prison and two years in exile in Sistan and Baluchestan, while he could not go to court at all! What if he thinks he can have a lawyer and has to defend himself, while the governor of Despart says: “In any case,” the assailant must appear in the relevant court to defend himself, but there is no follow-up by this person. It’s not done!

Of course, these two narrations and these two rulings are just examples of hundreds of narrations and rulings that are usually executed without hearing a narration from them; Because just as the defendants in these cases do not have the mental and financial capacity to defend themselves, they also naturally do not have the capacity to go to the media. Judgments that, when asked by a judge about the reason for their issuance, justify the crowdedness of their branch and that they do not have enough time to reflect, and of course who has enough time to hear a case that has neither a lawyer nor a defendant who can defend himself?

In the words of one judge: “In our judicial system, little attention is paid to the rights of poor defendants, and our criminal justice system is the so-called ‘poor killer’! That is, the legislator has not been careful and our criminal justice system has become such that if you enter it without money, you will be miserable; “You can not get a lawyer, you can not bail, you can not get a guarantor, and … eventually you go to prison and then you have a record and your life is practically tense,” and this is a repetitive story.

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