Agents ordered to pay court and defense fees
A court in Cologne, Germany, rejected on Tuesday, November 22, accusations leveled against the People’s Mojahedin Organization of Iran by two agents of Iran’s secret police, the Ministry of Intelligence and Security (MOIS), Farhad Javaheriyar and Majid Mashouf, ringleaders of an MOIS cell in Cologne named Roshana Association. The two men had claimed violence was perpetrated against them by the PMOI.
The case, which was brought against Mr. Ehsan Rajai, a refugee with links to the Iranian resistance, was ruled permanently thrown out of court. The Cologne court ruling was a serious blow to the fraudulent efforts of Mullah Ali Younesi and Mullah Mohsen Ejei, former and current MOIS chiefs, and their agents, to cast the PMOI as “violent.”
On September 28, 2004, Javaheriyar and Mashouf were engaged in spying, surveillance and intelligence gathering against supporters of the Iranian resistance in Cologne. The two alleged that Mr. Rajai “attacked” Javaheriyar and intended to “kidnap” him, in a stage-managed scenario to implicate Mr. Rajai. In a bid to prove their allegations, they resorted to perjury and fraud during the year-long investigation.
The court today heard Mr. Rajai and his defense attorneys present precise and irrefutable evidence which convinced the court that the incident was an entrapment with sinister political motives.
After Mr. Rajai’s statements, Javaheriyar was called to the witness stand. His statements were so conflicting and untrue that the prosecutor cutoff his testimony and proposed to retract the charges and close the case. Mr. Rajai’s defense team, however, opposed the move and asked that the opposing side be ordered to pay all expenses of the court and defense. The prosecution accepted the demand and the case was closed.
With the court throwing out the charges, Javaheriyar will not be able to press the false charges again. The court ruling also provides Mr. Rajai the opportunity to file a civil suit for slander and false statements against agents of the MOIS.
There were many indications that the aforementioned agents were pursuing devious political goals dictated by Tehran.
Websites associated with the MOIS had announced on September 24 and 27, 2004 (before the events of September 28) that “the Mojahedin have shifted violence against their opponents to European soil.” Javaheriyar was one of the signatories on the two statements that prophesized the event.
Javaheriyar also provided false testimony by claiming that he had been beaten by Mr. Rajai on September 28. Testimony offered by German eyewitnesses and police showed that it was the other way around. The testimony of a physician and Ehsan Rajai’s blood-stained shirt also proved that he was the one that was beaten by Javaheriyar.
The day after the staged events of September 28, 2004, a series of websites affiliated with the MOIS all published identical reports of the incident and a picture of Ehsan Rajaei that was from 20 years ago. The picture had been confiscated by Revolutionary Guards and the MOIS in Tehran during raids on houses during that period. The fact that Roshana and the other front organizations of the MOIS had access to the MOIS archives showed that the ringleaders of the staged incident were actually part of the MOIS.
Javaheriyar again falsely claimed that Ehsan Rajai was accompanied by Mr. Mohsen Nadi Shabastari on September 28. However, documents presented to the court clearly showed that Mr. Shabastari had resided in Ashraf Camp in Iraq from before the Iraq war (March 2003). The numerous conflicting testimonies of Javaheriyar and Mashouf showed that there was a conspiracy to use the German judicial branch to extract a ruling to prove allegations of MOIS and brand the Mojahedin as “violence prone” and impose limitations on them.
Documents showing Farhad Javaheriyar’s links to the MOIS were first published in Mojahed journal, No. 592 on July 12, 2002, and more details were published in Mojahed No. 597 on August 8, 2002, and also Mojahed No. 599 on August 22, 2002, about this agent’s links with the MOIS. Javaheriyar was one of the 12 witnesses interviewed by Human Rights Watch for its disgraceful report against the People’s Mojahedin Organization of Iran. Last March, he and the other MOIS agents went to Auver sur Oise, the residence of Mrs. Maryam Rajavi, President-elect of the Iranian Resistance, to slander, spy and create disturbances against the resistance.
Saeed Mashouf is also known to Iranians in Germany as an agent of MOIS. He was member of the group that was dispatched to Paris in April 2003 along with Karim Haqi and Massoud Khodabandeh and several other MOIS agents to participate in a seminar and slander the Mojahedin and Iranian resistance, and facilitate the disgraceful and unsuccessful raid on June 17.
The National Council of Resistance emphasizes that the ruling of the Cologne court once again proves that the agents of MOIS in Germany and throughout Europe, have intelligence and espionage roles and act as terrorist liaisons for the clerical regime. The NCRI warns European countries about allowing freedom of movement of MOIS agents of the mullahs’ regime who masquerade themselves as “opposition activists” and “former members of the Mojahedin” and calls for tight control of these agents and their prosecution and expulsion from Europe.
Secretariat of the National Council of Resistance of Iran
November 22, 2005
