http://www.nytimes.com/2011/05/12/world/middleeast/12iran.html?_r=1

 


Trial of American Hikers Charged With Espionage in Iran Is Unexpectedly
Delayed


By ALAN COWELL
<http://topics.nytimes.com/top/reference/timestopics/people/c/alan_cowell/in
dex.html?inline=nyt-per> 


Published: May 11, 2011 


PARIS — The trial of three Americans charged with espionage and illegal
entry in
<http://topics.nytimes.com/top/news/international/countriesandterritories/ir
an/index.html?inline=nyt-geo> Iran after their arrest almost two years ago
near the border with Iraqi Kurdistan failed to resume in Tehran on
Wednesday, and their Iranian lawyer said he had formally protested the
delay. 

One of the defendants, Sarah E. Shourd, 32, was released on bail last
September for medical reasons and returned to the United States. The other
two, Joshua F. Fattal and Shane M. Bauer, both 28, had been set to appear
for a hearing on Wednesday, but their lawyer, Masoud Shafiee, said they were
not brought to court, news reports said. 

Reuters quoted Mr. Shafiee as saying that he had lodged a formal protest. 

The case has added to the tensions between Iran and the United States
relating to many issues but focusing on Iran’s nuclear enrichment program.
Western countries say it aims to create weapons, but Tehran says it is
intended to help generate civilian electric power. 

The reason for the defendants’ absence in court on Wednesday was not
immediately known. On two previous occasions, judges delayed the
proceedings, citing the absence of Ms. Shourd. 

The three Americans, who were arrested in July 2009, deny that they were
involved in espionage or that they knowingly entered Iran during what they
have described as a hiking trip in Iraq. 

Previously, Mr. Shafiee argued that Iranian law did not permit the judiciary
to postpone the case because of Ms. Shourd’s absence. 

“When there are several accused persons, a judge cannot postpone the case
just because one of them is not present,” Mr. Shafiee said in a telephone
interview in late April. “The judge must issue separate verdicts for Shane
and Josh. Sarah’s verdict can be issued in absentia, or her case alone can
be delayed.” 

On Tuesday, the State Department in Washington urged Iran to resolve the
case quickly. 

In
<http://www.amnesty.org/en/news-and-updates/iran-end-sham-trial-and-release-
us-hikers-2011-05-10> a statement, Amnesty International also called for the
release of the Americans, saying their case had not met international
standards for a fair trial. 

It said the judicial process “indicates a political motive in holding them,
which may amount to ‘hostage-taking.’ ” 

“The facts surrounding the hikers’ arrest are disputed, and Iran’s justice
system has systematically failed to observe international fair trial
standards in this case, including giving the men adequate contact with their
lawyers, families or consular assistance,” the statement said, quoting
Hassiba Hadj Sahraoui, Amnesty International’s deputy director for the
Middle East and North Africa. 

The United States has had no diplomatic relations with Iran since shortly
after the Islamic Revolution in 1979. The Swiss Embassy in Tehran represents
American interests. 

The two men have been held in Evin prison in Tehran and “have only been
granted one brief encounter with family, when their mothers visited Iran in
May 2010,” the statement said. 

Two previous hearings, in November and February, were held in private.
Iranian law provides for such cases to be held in public, but judges are
able to make exceptions in sensitive cases. 

In an interview in November, Ms. Shourd said that she; Mr. Bauer, who is her
fiancé; and Mr. Fattal were hiking on an unmarked dirt road when a guard
gestured to them. 

“He pointed to the ground and said ‘Iran’ and pointed to the trail we had
been on before he waved to us, then said ‘Iraq,’ ” said Ms. Shourd, who
lives in Oakland, Calif. “We did not actually enter Iran until he gestured
to us. We were confused and worried and wanted to go back.” 

 



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