Yasameen Manteghi ‎

Despite Mahmoud Ahmadinejad’s public disappointment, Hossein Mousavian, former ‎top nuclear negotiator and the head of the Expediency Council’s Strategic Research ‎Center, was cleared of espionage charges for the second time by Branch 15 of Tehran’s ‎Revolutionary Court. ‎

Mousavian’s attorney, Houshang Pourbabaei, told ISNA, “With respect to the main issue, ‎which created much controversy in the previous year, meaning the espionage charge, ‎Mousavian was found not guilty for the second time by the judge examining the case and ‎on March 16, 2008, his verdict was approved by the prosecutor.” ‎

Houshang Pourbabaei added that the trial judge has not allowed Mousavian access to the ‎trial binder and Mousavian’s two attorneys were able to review only about 10 percent of ‎the trial material over Norouz holidays. Meanwhile, he announced that the judge at ‎Branch 15 of the Revolutionary Court has issued a ruling based on Article 505 of the ‎Islamic Penal Code. ‎

According to Hossein Mousavian’s attorney, “The judge’s reference to this Article means ‎that, according to the opinion of the court, Mousavian intended to collect classified ‎documents to share with others but, in practice, he did not share classified information ‎with anyone.” ‎

Hossein Mousavian was arrested on May 1, 2007, by the Ministry of Intelligence and ‎detained at Evin’s Ward 209. Many experts interpreted Mousavian’s arrest, which ‎received a great deal of international press coverage, as a move against former head of ‎National Security Council Hassan Rowhani and Hashemi Rafsanjani. At the time of his ‎arrest, Moussavian headed he Expediency Council’s Strategic Research Center. He was ‎released ten days later on bail. ‎

Mousavian was initially accused of financial fraud but later Intelligence Minister ‎Mohseni Ezhei announced, “According to the Ministry of Intelligence, accusations are ‎raised against Mousavian and his crimes are obvious to us.” ‎

Ali Reza Jamshidi, the judiciary’s spokesperson, announced that, based on Mousavian’s ‎confessions, he is accused of “espionage,” “holding confidential documents,” and ‎‎“conspiring against the regime.” On November 27, 2007, Mousavian was acquitted of the ‎two charges of “espionage” and “holding confidential information.” ‎

The news of Mousavian’s acquittal was met with the harsh reaction of the administration ‎and media outlets associated with the hardliners. Tehran’s prosecutor general, Saeed ‎Mortazavi, publicly opposed the acquittal verdict and personally took charge of the trial. ‎

A few days later, the administration’s spokesperson requested a public trial for ‎Mousavian, which was supported by Hossein Mousavian himself, according to his ‎attorney Houshang Hajibabaei. The judge in the case refused the request. The trial was ‎finally held during Norouz holidays behind closed doors and with the verdict of two years ‎of suspended imprisonment, five years ban from holding diplomatic posts, and acquittal ‎from espionage, the battle between hardliners and moderates ended in truce. ‎