The Shahram Jazayeri Case: Defendant's Escape and Latest Developments

The Shahram Jazayeri Arab case is one of the most prominent economic corruption cases in Iranian legal history. Proceedings against the defendant began on 6 January 2002 in Branch One of the General Court of Tehran. Mohammad Sadegh Alemohammad, attorney-at-law, served as defense counsel for Shahram Jazayeri Arab throughout the case.

Charges and Trial Proceedings

Shahram Jazayeri Arab was prosecuted on charges of obtaining property through illicit means, use of forged documents, and payment of bribes. He had previously served as an advisor to the Parliament's Economic and Finance Committee.

Twenty-five hearings were held in succession, and the court ultimately issued a conviction:

20 years' imprisonment for disrupting the export order
3 years' imprisonment for bribery
4 years' imprisonment for falsifying military service documents

A total sentence of 27 years. The judgment ran to approximately 400 pages. All members of parliament named as defendants in the case were acquitted.

Sentence Vacated and Retrial

Following an appeal, Branch 20 of the Supreme Court vacated Jazayeri's conviction on the export disruption charge and referred the case to an equivalent court of first instance. This decision fuelled rumours of an imminent acquittal, which the judiciary's spokesperson publicly denied.

The first retrial hearing was held on 2 January 2007, presided over by Judge Vahid Karbalaei Aghamaleki at the Special Economic Affairs Judicial Complex.

Defendant's Escape

The Special Economic Affairs Judicial Complex announced that Jazayeri Arab escaped while being escorted — under guard — to the location where court-appointed experts were stationed to identify his assets. A warrant for his arrest was immediately issued to all military, law enforcement, and security authorities.

Mohammad Sadegh Alemohammad, Jazayeri's defense counsel, told ISNA: "Now that my client has fled, there is nothing I can do. Given his escape, I have no further duty in the matter."

He added: "According to the presiding judge, the final verdict on the charge of obtaining property through illicit means had been in the process of being drafted. The hearing had been declared closed and we were awaiting notification of the judgment."

On the question of assets, Alemohammad stated: "All of my client's assets have been seized by the court. His assets actually exceed the amount of his debts, so I believe the public treasury will not suffer any loss." He also noted that his client had approximately 50 billion tomans of bank debt.

Statements by Judicial Officials

Tehran Deputy Prosecutor Mahmoud Salarkia said: "The defendant is still inside the country. We hope he will be apprehended and returned to the relevant authorities. His flight does not impede the proceedings — since the case has reached its final stages, the verdict may be issued in absentia."

A senior official at the Special Economic Affairs Complex also confirmed that there had never been any prospect of acquittal, and noted that the presiding judge had 30 years of administrative service and 13 years of judicial experience.

Legal Observations

The Jazayeri case raises several important points from the perspective of economic criminal law:

Obtaining property through illicit means is one of the most serious charges in Iran's criminal code, carrying heavy penalties.

Selling another person's property without authorisation — whether assets of a deceased person before an inheritance decree is issued, or any other person's property — constitutes the criminal offence of selling property belonging to another.

The importance of specialist legal representation in economic cases: Large-scale economic cases, by reason of their technical complexity and the sheer volume of evidence, require a specialist defence lawyer with experience in economic criminal matters.

Alemohammad Law Office, with more than fifty years of experience in legal and criminal matters, is available to accept instructions in criminal and economic cases.