A lawyer for Roxana Saberi, the Iranian-American journalist who had been accused of spying on Iran for the United States, says she will be freed after an Iranian appeals court suspended her eight-year sentence. Saberi was reportedly originally arrested for buying a bottle of wine, after which the charges against her were escalated. First she was accused of reporting without a license (hers had expired in 2006) and then in April the Iranian government accused her of espionage, and said subsequently that Saberi had confessed, which was not true. The case drew international attention and condemnation of Iran's justice system. After Saberi was convicted (after a trial that took place in a single day), Iranian President Mahmoud Ahmadinejad sent a letter to Tehran's chief prosecutor urging that Saberi be allowed to present a full defense during her appeal. Both President Obama and Secretary Clinton had spoken publicly about their concern about Saberi.
The way the Saberi trial was conducted is a perfect example of a society governed by the whim of autocrats rather than the rule of law. The Iranian government never revealed under what specific violation of the criminal code she was being charged under, the trial took place in a "state security" court which was closed to outside observers, the evidence against her was hidden, and she was denied access to a group of human rights lawyers who wanted to represent her. Saberi's release occurred only after substantial international outrage and the direct intervention of Iran's president.
Something to think about as the Obama administration considers reinstating military commissions for charging suspected terrorists, under which similar rules of evidence and secrecy would likely be applied.
-- A. Serwer