Nikbin v. Islamic Republic of Iran

• Citation: 517 F.Supp.2d 416
• Decision Date: 28 September 2007
• Docket Number: Civil Action No. 04-008(JDB).
• Parties: Ghollam NIKBIN, Plaintiff, v. ISLAMIC REPUBLIC OF IRAN, et al., Defendants.
• Court: U.S. District Court — District of Columbia

517 F.Supp.2d 416

Ghollam NIKBIN, Plaintiff, v. ISLAMIC REPUBLIC OF IRAN, et al., Defendants.

Civil Action No. 04-008(JDB).

United States District Court, District of Columbia.

September 28, 2007.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

William F. Pepper, Paul David Wolf, Washington, DC, Liam George Pepper, London Great Britain, Raymond D. Kohlman, Seekonk, MA, for Plaintiff.

MEMORANDUM OPINION

(Findings of Fact and Conclusions of Law)

JOHN D. BATES, District Judge.

Plaintiff Ghollam Nikbin ("Nikbin") has filed this civil action against the Islamic Republic of Iran, the Iranian Ministry of Intelligence and Security ("MOIS"), the Islamic Revolutionary Guards ("Revolutionary Guards"), two individuals, Ali Akbar Hashemi Rafsanjani ("Rafsanjani") and Ali Akbar Fallahian Khuzestani ("Khuzestani"), and Does 1-10. Plaintiff seeks money damages for injuries arising from acts of torture committed against him while he was in the custody of the Iranian government. His amended complaint asserts various state-law causes of action and a claim under the Flatow Amendment, 28 U.S.C. § 1605 (note). On July 28, 2006, the Clerk of Court declared all of the named defendants in default, see Clerk's Entry of Default, Docket Entry Nos. 29, 30, 31, and to this date defendants have not responded to the suit.

This Court undertook its independent obligation to verify that jurisdiction existed over all of Nikbin's claims, and for the reasons described in the Court's January 11, 2007 memorandum opinion, the Court dismissed all claims against defendants Rafsanjani, Khuzestani, and Does 1-10 for want of personal jurisdiction. See Nikbin v. Islamic Republic of Iran, 471 F.Supp.2d 53 (D.D.C.2007).¹ Before this Court can enter a default judgment against the remaining defendants Iran, MOTS, and the Revolutionary Guards, plaintiff is required by the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. §§ 1602-1611 (2000), to establish his remaining claims "by evidence satisfactory to the court." § 1608(e). Accordingly, the Court held an evidentiary hearing on February 2, 2007, and now issues the following findings of fact and conclusions of law.

FINDINGS OF FACT

I. Background and Events of 1994-1998

Ghollam Nikbin was born in Ashghabad, Iran, on August 12, 1947. Tr. 10:4-13. In Iran, Nikbin finished high school and graduated from Tehran University. Tr. 10:22-11:5. Following his graduation from the university in 1975, Nikbin came to the United States to pursue a Masters of Business Administration degree, which he obtained from Long Island University in 1979. Tr. 11:12-18. He then worked briefly for Merrill Lynch in New York City until his visa was revoked following the taking of the hostages in Tehran in 1979. Tr. 11:19-12:18. After his visa was revoked, Nikbin applied for political asylum and ultimately relocated to Salt Lake City, Utah. Tr. 12:19-13:21.

In 1982, Nikbin converted to Mormonism prior to marrying a woman who was a member of the Mormon Church, Tr. 13:22-14:8, and in 1984 Nikbin received his U.S. "green card." Tr. 14:12-13. One year after he received his green card, Nikbin and his wife separated, and they were later divorced. Tr. 14:12-15. In 1991, Nikbin became a naturalized citizen of the United States. Tr. 15:3-5.

With a desire to be closer to his family, Nikbin moved back to Iran in 1993. Tr. 15:6-14. The heart of Nikbin's complaint concerns acts that occurred while he was in Iran during the years 1994 through 1998. Shortly after he returned to Iran, his family arranged a marriage for him with an Iranian woman. Tr. 17:15-18:1. Nikbin suggested that they marry in Cyprus to escape the surveillance of the religious police, but his future wife's family insisted on a ceremony in Iran. Tr. 16:2-17. During the wedding celebration, in accordance with Islamic rules, there were two separate sites for men and women. Tr. 16:12-17. But at the end of the party, a violation of Iranian law apparently occurred when several boys began dancing with their mothers. Members of the Munkerat and Mafasad Society — Iranian government officials charged with enforcing Islamic law — observed this event, disrupted the celebration, and arrested twenty-seven people, including Nikbin. Tr. 16:18-24.

Nikbin and the wedding guests were taken to jail and were held for one month. Every morning during their detention Nikbin and the twenty-six wedding guests were taken to court where they waited to appear before a judge, and every afternoon they were returned to the jail. Tr. 33:4-22. When Nikbin appeared before the judge, he was sentenced to forty lashes with a whip as his punishment for violating the law. Tr. 16:13-17:4; 33:23-34:7. The lashes were inflicted from his ears down to his feet, with the majority of lashes falling upon his back. Tr. 17:10-12.

Following this experience, Nikbin decided to leave Iran. Tr. 18:15-19. He altered his plans, however, when he learned that his wife was pregnant and that his family wanted him to stay in the country until the child was born. Tr. 18:16-19:10. During this waiting period, Nikbin remained in Iran but became outspoken against the Iranian regime. Tr. 19:17-20:10. After being informed by acquaintances that the secret police had been asking about his activities and religious practices, Nikbin became nervous about the repercussions of his actions. Tr. 20:11-21. Once his daughter was born, Nikbin completed his arrangements to leave the country, and he purchased a plane ticket for May 28,1995. Tr. 19:8-10. On that date, Nikbin went to the Tehran airport, but he was stopped at the departure area. Tr. 22:1-9. An Iranian official asked to see his passport and directed him to a room where he waited for an hour and a half until three or four additional Iranian officials arrived. Tr. 22:6-24. They escorted him to a car, hit him on the head, had him close his eyes, and drove him to a location where he was thrown into a jail cell. Tr. 22:21-23:9.

That night in his jail cell he heard screams from other prisoners, which gave him great anxiety and made him fearful of what would happen to him. Tr. 23:16-24:11. When officials eventually questioned him about his religious practices, they accused him of converting to Mormonism, and Nikbin denied the accusation. Tr. 23:14-15. He was then left in his cell for a few days before he was taken to an interrogation room where he was confronted with his baptismal certificate from the Mormon Church. Tr. 24:21-25:3. During that confrontation, Iranian officials forced Nikbin to lie on his back with his legs in the air. The interrogators then hit him and shocked him repeatedly on the soles of his feet with an electrical cable. Tr. 26:5-7. Nikbin experienced severe pain as a result of this incident and had difficulty feeling his legs for several days. Tr. 26:7-12.

Some days later, Nikbin learned that the punishment for apostasy was decapitation. After hearing this, Nikbin's fear heightened each time he heard an official walk down the hallway and each time he was taken to an interrogation room. Tr. 25:14-19. The Iranian officials continued to question him about his activities as a Mormon and about other individuals suspected of converting to Mormonism. Tr. 26:20-23. During these interrogation sessions, Nikbin was subjected to numerous acts that resulted in physical pain and mental anguish. In one interrogation session, Nikbin was hung upside down from the ceiling by his right foot for a prolonged period of time. The uncomfortable position caused intense pain and made it difficult for Nikbin to breathe. Tr. 26:18-23. Throughout the interrogations, Nikbin suffered physical injuries, lost five teeth, and eventually had to have three operations due to the injuries he suffered. Tr. 25:5-11.

On the advice of his family, Nikbin eventually feigned insanity to get transferred to a mental hospital, as a means of avoiding the capital punishment of decapitation. Tr. 28:4-14. As a patient in the mental hospital, Nikbin was expected to take certain medications. When he refused, he was forcibly injected with drugs on three different occasions. Tr. 28:15-29:10. After he finished his treatment at the mental hospital, Nikbin was returned to the city jail and eventually his family was able to buy his freedom by bribing Iranian officials. Tr. 29:11-30:3.

Upon his release after three and a half years in custody, Nikbin made plans to leave Iran. Tr. 25:16-17. When he went to the airport, however, government officials again detained him and took him to a room for questioning. Tr. 30:17-23. In that room, Iranian officials assaulted Nikbin by repeatedly forcing a coke bottle up his rectum. Tr. 30:21-25. Nikbin believes the Iranian officials assaulted him to. "teach [him] a lesson" about what they would do to him if he talked about the horrors he experienced while he was in Iranian custody. Tr. 30:23-24. Following the assault, he was released and allowed to board the plane. All the way to New York Nikbin was in pain from the assault, and he experienced severe bleeding which was visible on the airplane seat. Upon his arrival, in New York, he was sent immediately to Bellevue Hospital. Tr. 31:1-3. Nikbin was admitted to Bellevue Hospital for seven months of treatment, which included several operations to remedy the injuries he sustained while he was in Iranian custody. Tr. 31:20-22.

Nikbin was profoundly affected by his experiences in Iran. Though he now resides in New York, he testified that he has nightmares every night from the events that occurred while he was in Iranian custody. Tr. 31:10-12. For three and a half years, he lived in constant fear and anxiety of being subjected to acts of torture. Tr. 25:14-19. Even though he was released more than eight years ago, that fear still resides in Nikbin. Tr. 25:20-24. Wherever he goes, he constantly scans the environment around him fearing repercussions from the defendants. Tr. 32:7-33:2. To this day, Nikbin still continues to receive mental health...