Abdorrahman Boroumand Center

for Human Rights in Iran

https://www.iranrights.org
Memorial
Omid, a memorial in defense of human rights in Iran
One Person’s Story

Bahram Yalda'i

About

Age: 28
Nationality: Iran
Religion: Baha'i
Civil Status: Single

Case

Date of Killing: June 16, 1983
Location of Killing: Central Prison (Adelabad), Shiraz, Fars Province, Iran
Mode of Killing: Hanging
Charges: Religious offense; Espionage

Human rights violations in this case

The Legal Context

The Courts

 

Islamic Revolutionary Courts, 11 February 1979-1994

 

In the immediate aftermath of the 11 February 1979 Revolution, an ad hoc tribunal, initially referred to as the Extraordinary Revolutionary Tribunal, was set up to try the officials of the previous regime, for which no specific procedures were devised. In a decree dated 24 February 1979, Ayatollah Khomeini, the revolutionary religious leader, appointed a cleric as Shari’a Judge and instructed him “to issue Shari’a-based rulings,” thereby establishing the foundation of a system of special courts.

 

Initially, the revolutionary courts’ jurisdiction was determined by the religious judge’s interpretation of the Shari’a (Islamic law based on the teachings of the Qur’an, the traditions of the Prophet, the 12 imams, and the teachings of Shi’a scholars. On 17 June 1979, the Revolutionary Courts and the Prosecutor’s Office Rules of Procedure, which was only selectively observed, established the latter’s jurisdiction and make-up.

 

The Courts’ jurisdiction encompassed a wide array of offenses including moharebeh (“waging war with God”), efsad e fel arz (“spreading corruption on Earth”), crimes against national and international security, economic crimes, murder, profiteering, prostitution, rape, and narcotic drugs-related crimes. The law required that two of the three principal members of the Revolutionary Courts be Shari’a judges.

 

 

Islamic Revolutionary Courts, 1994-2002

 

With the adoption of the Law for the Establishment of General and Revolutionary Courts of 14 June 1994, and the Code of Criminal Procedure for General and Revolutionary Courts of 19 September 1999, a uniform code of procedure was applied to both revolutionary and general courts. The jurisdiction of the Revolutionary Courts was limited to 6 categories of offenses:

1. Crimes against national and international security,“moharebeh” (enmity with god) and “efsad e fel arz” (corruption on earth;)

2. defaming Ayatollah Khomeini and the Supreme Leader;

3. plotting against the Islamic Republic of Iran, armed action, terrorism, and sabotage;

4. espionage;

5. smuggling and drug-related crimes; 6. claims under Principle 49 (economic crimes) of the Constitution.

 6. Furthermore, pursuant to the Law on the Manner of Punishing Individuals Engaged in Unauthorized Audio and Visual Activities, Article 11, the revolutionary courts have jurisdiction over crimes that fall within the purview of said Law, including production and distribution of obscene materials and misuse and abuse thereof.

These courts continued, however, to try cases falling outside their jurisdiction, such as theft and sexual offenses. Further, the vagueness of laws regarding national security allowed the revolutionary courts to try political and media crimes whenever they wished to do so.

 

The new law eliminated the Prosecutor’s Office and gave the judges inthe Revolutionary Courts the power to perform the duties of the prosecutor, as well as their own, in any case brought before them.

 

Islamic Revolutionary Courts, 2002-Present

 

The Amended Law for the Establishment of General and Revolutionary Courts of 2002 reinstated the Prosecutor’s Office in both revolutionary and general courts. In cases involving political and media crimes, revolutionary courts’ jurisdiction overlaps with that of Province Criminal Courts.

 

With the passage of the new Rules of Criminal Procedure in 2014, and its coming into force in June 2015, the jurisdiction of the revolutionary courts remains unchanged, with slight modifications in procedural aspects of adjudication. For instance, the new law provides that for crimes subject to the death penalty, life imprisonment, amputation, third degree, or higher, the revolutionary court shall convene with three judges, whereas, prior to the passage of this law, adjudication of all crimes within the jurisdiction of revolutionary courts took place with only a single judge.

The Appellate System of Revolutionary Courts, 1979-Present

 

From their inception until 1994, the rulings of the Revolutionary Courts were not subject to appeal. In the early 1980s a court entitled the Supreme Court of Qom was established in the city of Qom and which reviewed cases of execution and confiscation of properties, thereby forming a first tier form of appeal. The exact date of the creation of the court is not clear, but, based on available information, the court became operational in the early 1980s, even though Ayatollah Khomeini's official order for its creation is dated 1985. The court’s procedure was not systematic and did not meet the international standards for a court of appeals; there was no official record of its jurisdiction. The Supreme Court of Qom was dissolved in 1989.

 

The Law of 14 June 1994 subjected the Courts’ decisions to appeal. An appellate court was established at each provincial capital, called the Province Court of Appeals, composed of a three-judge panel, to review decisions made by the Revolutionary Courts. The Supreme Court was designated as the appellate authority for particular decisions, including those involving capital punishment.

 

Narcotic drugs-related crimes constitute a significant exception to the appeals process. Governed by the Anti-Narcotic Drugs Law of 1988, as Amended on 8 November 1997 and 31 July 3 2010, these crimes are within the jurisdiction of, and are adjudicated on a regular basis by, Revolutionary Courts whose decisions are final. After being handed down by the judge, death sentences are sent to the Prosecutor General or the Head of the Supreme Court as a matter of administrative approval.

 

With the passage of the new Rules of Criminal Procedure in 2014 (and its coming into force in June 2015), however, drug related crimes became subject to appeal as well.

General Courts, 1979-1982

 

In cases not falling under the jurisdiction of the Revolutionary Courts, the system devised under the previous regime continued to function in parallel with new systems devised by laws passed by the Judicial Council, one of which, entitled The Legal Bill for the Establishment of General Courts of 11 September 1979, radically changed the entire structure and categorization of the courts. It divided the courts in three branches: Criminal, Civil, and Peace (a sort of arbitration court dealing with minor financial and other disputes). Specialized courts such as family courts were eliminated.

 

General Courts, 1982-1994

 

The Law of the Amendments to the Rules of Criminal Procedure of 1982 established a new criminal courts system, Criminal Courts I and II. Criminal Court I, established only in provincial capitals, had jurisdiction over more serious offenses, including those punishable by death, and Criminal Court II heard less serious crimes.

 

General Courts, 1994-2002

 

The Law for the Establishment of General and Revolutionary Courts of 14 June 1994 established umbrella courts called General Courts, which replaced and dissolved pre-existing civil and criminal courts. The law dissolved the Prosecutor’s offices and tasked a single person with the roles of judge, prosecutor, and investigator.

 

General Courts, 2002-2015

 

In 2002, the 1994 Law was amended, reviving the role of the Prosecutor’s Office in General Courts. The prosecution offices were re-established in a gradual process over several years. The amended law also re-established specialized branches within general courts dealing separately with criminal and civil matters. In addition, this law allocated a number of branches of the Province Court of Appeals to have original jurisdiction over a number of cases including the most serious offenses, as well as political and media crimes. In these cases, the branches are called the Province Criminal Court.

 

General Courts, 2015 to Today

 

With the passage of the new Rules of Criminal Procedure in 2014 and its coming into force in June 2015, general courts underwent certain changes as well. Criminal courts were divided into Criminal Court One, Criminal Court Two, Military Court, Juvenile Court, and Revolutionary Court. Criminal Court One has jurisdiction over serious crimes such as those subject to the death penalty, life imprisonment, amputation, third degree, and higher, as well as political and media crimes. Criminal Court Two has jurisdiction over other crimes. Another change consists of the establishment of juvenile courts, which adjudicates crimes committed by individuals less than 18 years of age. In cases where the individuals less than 18 commit serious crimes such as those subject to the death penalty, however, Criminal Court One will have jurisdiction, observing rules of juvenile criminal procedure.

 

The Appellate System of General Courts, 1979-Present

 

The Legal Bill for the Establishment of General Courts of 11 September 1979, abolished appeal of most criminal courts’ decisions. The law of 1982 restricted the appeal possibility even further. According to the Islamic Republic authorities’ interpretation of Islamic Law, a qualified jurist’s decisions were not subject to appeal except under special circumstances, such as when the judge realized his own mistake, or another judge advised him so, or when he did not have jurisdiction over the case. Even in such situations, the case would not go to a higher court but would be subject to review by the same judge or another judge at his level. The judges were even urged to call their verdicts “opinions,” so that the possible change in the verdict would not be “haram” (“sinful,” the highest level of prohibition in Islam, disobedience of which would result in a sin).

 

In October 1988, the Majles (Iranian parliament) passed a law regarding review of court judgments. This law provided for an appeal if the conviction was claimed to be based on invalid documentation or false testimony. The defendant could also base an appeal on a point of law or a procedural violation.

 

The appellate system was expanded in other laws in the late 1980s and in 1993. The Law for the Establishment of Criminal Courts I and II of 11 July 1989 created the Branches of the Supreme Court. Crimes of less importance, tried in Criminal Court II, were subject to review by Criminal Court I.

 

For the most important crimes involving death punishment, which were under the jurisdiction of Criminal Court I, the law allowed limited appeal to the Branches of the Supreme Court. Defendants had the right to petition the Supreme Court for appeal in certain cases involving false testimony or procedural violations, and if granted, the case would be remanded to either another criminal court or the original one.

 

Finally, the Law for the Establishment of General and Revolutionary Courts of 1994, as amended in 2002, established an appellate court at each provincial capital, called Province Court of Appeals, composed of a three-judge panel, to review decisions made by both general and revolutionary courts. The Supreme Court was designated as the appellate authority for particular decisions, including those carrying the death penalty, as well as decisions made by the Province Criminal Court.

 

The amended law of 2002, continued the appellate procedure to the Branches of the Supreme Court established by the afore-mentioned law of 11 July 1989

 

The Supreme Court continues to be the competent authority to rule on new trials, which have been provided for in limited circumstances.

With the passage of the new Rules of Criminal Procedure in 2014 and its coming into force in June 2015, the Court of Appeals shall be the competent authority to hear appeals from Criminal Court Two decisions, and the Supreme Court shall hear appeals from Criminal Court One decisions.

Special Courts for the Clergy

 

These courts are rooted in a 1979 decree, issued by Ayatollah Khomeini, which established a committee of religious and noble figures in every region to purge the clergy of anti-revolutionary elements under the supervision of the Revolutionary Courts. Between late 1981 and 1984, a special court in the city of Qom handled, though not systematically, the trial of clerics.

 

On 29 July 1987, Ayatollah Khomeini officially appointed a prosecutor and a member of the clergy as Shari’a judge for Special Courts for the Clergy. On 6 August 1990, a directive was issued regulating the conduct of these courts, the jurisdictional ambiguity of which is such that it effectively extends to “anyone where one of the parties is a cleric” and to “all matters in which the Court is designated as competent by the Supreme Leader.”

 

The court, which was not mentioned in the Islamic Republic's constitution, was mandated to try “pseudo clerics, those related to/connected with the clergy, for public and/or anti-revolutionary crimes, and violations of the prestige of the clergy,” and where the principal suspect is a member of the clergy, “any co-conspirator or assistant, whether a cleric or not.”

 

These courts are generally not open to the public and can issue sentences for all acts and omissions punishable under codified Iranian laws or Shari’a or for any other acts or omissions which can bring dishonor to the clergy or to the Islamic Revolution. Further, in certain particular cases – which have not been defined – where no punishment has been devised by either the Penal Code or even the Shari’a, the Court “can rule as it deems fit.” 

 

The Appellate System of the Special Court for the Clergy, 1979-Present

 

There is no information on any appeal process for the Special Court for the Clergy prior to the 1990 directive. Article 49 of said directive set up, however, an appeals court called Special Appellate Court for the Clergy, the head of which is appointed by the Supreme Leader, to which the decisions of the lower court can be appealed.

 

Military Courts

 

The military court system, independent from the judiciary under the previous regime, became a part of it on 1 December 1981. The Judiciary Organization of the Armed Forces, established in 1986, replaced and merged other military courts and tribunals in existence at the time, namely the pre-revolution Judiciary Organization of the Army, the Revolutionary Tribunal of the Army (established on 8 December 1979), and the Revolutionary and General Court for the Revolutionary Guards (established on 15 July 1979.) The Judiciary Organization of the Armed Forces has its own Criminal Code and follows the country’s general rules of criminal procedure.

 

The Law of the Criminal Procedure of the Armed Forces of 15 May 1985 created Military Courts I and II. Military Court I has jurisdiction over more serious offenses, including those punishable by death, and Military Court II hears less serious crimes.

 

The Appellate System of Military Courts, 1979-Present

 

The law of 8 December 1979, establishing the Revolutionary Military Court, did not provide for any appeals. The Law of 15 May 1985 created a system of appeals through the creation of a two-tier system of courts. The decisions of Military Court II were subject to review by Military Court I. This law also provided that multiple Branches of the Supreme Court be designated as the appellate court to review decisions of Military Court I.

 

The judges

 

1979-1997: Prosecutors and judges are not necessarily law graduates and jurists. Shortly after the Islamic Revolution, a five-member Committee was established to purge the judicial system of undesirable elements, pursuant to the Legal Bill for the Modification of the Judiciary and the Law for Hiring Judges of 8 March 1979. The power of the committee was absolute and its decisions, resulting in a widespread purge of the judiciary, final.

 

The Law for the Conditions of Selection of Judges of 4 May 1981 established the conditions of eligibility for judges. The latter were to be hired among men who were legitimate children and had practical commitment to Islam and allegiance to the Islamic Republic. The law, which led to the hiring of clerics and Islamic legal scholars, also allowed hiring practically anyone as a judge who could “obtain the Judicial High Council’s permission.” Moreover, Note 2 of the Amendments of 4 October 1982 to this law allowed widespread employment of seminary students “who ha[d] general knowledge equivalent to a high school diploma” as judges at prosecutor’s offices in general as well as Revolutionary Courts.  

 

By 1989, the judiciary counted about 2,000 new judges trained in theological seminaries (graduates and students) and political appointees, many having replaced judges trained in law schools.

 

1997-Present: As of this writing (2013) the Law for Hiring Judges and its amendments of 4 October 1982, 7 February 1987, and 9 May 1988 are in full force and form the basis for hiring judges. The Executive Rules of Procedure of 22 December 1997 subjected such hiring to passing an entrance examination and successful completion of an apprenticeship program, the duration of which ranges between one and two years. The law does not limit hiring to men only but does not specify in what capacity women will be functioning, other than an advisory one.

Currently, judges are selected in accordance with the Guidelines on the Recruitment, Selection, and Internship for Judicial Candidates and the Hiring of Judges.

 

Dismissal of Judges: From 1979 to 1989, the judiciary was run by the Supreme Judicial Council which was composed of the head of the Supreme Court, the Prosecutor General (both of whom were appointed by the Supreme Leader), and three judges elected by the entire body of judges in the country. The Council had the power to hire and dismiss judges in accordance with the law.

 

The constitutional reforms of 1989 substituted the Supreme Judicial Council with one person, the Head of the Judiciary. The Supreme Leader, whose mandate is not subject to popular vote, appoints the Head of the Judiciary for a 5-year term. The latter has significant power to influence the dismissal of judges. Dismissal cases are referred to three types of disciplinary courts, presided over by judges appointed by the Head of the Judiciary, who has veto power over any decisions made by the relevant courts.

 

Two of these courts, established in 1991 and 2011, are charged with examining the judges’ conduct from a religious and ideological standpoint. The process does not necessarily involve the defendant and the final decision, left to the Head of the Judiciary, is not subject to appeal.

 

Detentions, interrogations, and trials: 1981-1988

Pre-trial detentions

The accused were held, sometimes without being charged, for months or years in overcrowded prisons. During their detention, prisoners of conscience, and in particular supporters of political opposition groups or members of religious or ethnic minorities, were routinely subject to physical and psychological torture. Interrogators used torture, authorized by the post-revolutionary law of Ta’zir (Discretionary Punishment Law), to obtain confessions of guilt or to induce repentance. The line between trial and interrogation was often blurred by the fact that the same individual would function as prosecutor, interrogator and judge.

Trials

Executed detainees may or may not have been tried formally. Prisoners of conscience were often tried through a summary process that might have lasted only a few minutes. When disclosed, charges facing the defendants were often vague or based on coerced confessions. Defendants had no access to attorneys, and they might not have been allowed to defend themselves.

Appeal processes

Convicts could not appeal their sentence and were often executed shortly after their conviction. Their execution was not necessarily announced.

Human rights violations

Based on the available information, the following human rights have been violated in this case:

  • The right to liberty and security of the person. The right not to be subjected to arbitrary arrest and detention.

    Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 9.1.

  • The right not to be punished for any crime on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time it was committed.

    UDHR, Article 11.2; ICCPR, Article 15, Article 6.2.

  • The right to freedom of thought, conscience, and religion, including the right to change and manifest his or her religion or belief.

    UDHR, Article 18; ICCPR, Article 18.1, ICCPR, Article 18.2; Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Article 1 and Article 6.

    In its general comment 22 (48) of 20 July 1993, the United Nation’s Human Rights Committee observed that the freedom to "have or to adopt" a religion or belief necessarily entailed the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views, as well as the right to retain one's religion or belief. Article 18, paragraph 2, of the International Covenant on Civil and Political Rights bars coercion that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to religious beliefs and congregations, to recant their religion or belief or to convert.

  • The right, as a member of a religious or ethnic minority, to enjoy his or her own culture or to profess and practice his or her own religion.

    UDHR, Article 18; ICCPR, Article 27.

  • The right to equality before the law and the right to equal protection of the law.

    UDHR, Article 7; ICCPR, Article 26.

The right to due process

  • The right to be presumed innocent until found guilty by a competent and impartial tribunal in accordance with law.

    ICCPR, Article 14.1 and Article 14.2.

Pre-trial detention rights

  • The right to know promptly and in detail the nature and cause of the charges against one.

    UDHR, Article 9(2); ICCPR, Article 9.2 and Article 14.3.a

  • The right to counsel of his or her own choosing or the right to legal aid. The right to communicate with his or her attorney in confidence

    ICCPR, Article 14.3.b and Article 14.3.d; Basic Principles on the Role of Lawyers, Article 1, Article 2, Article 5, Article 6, Article 8.

  • The right to adequate time and facilities for the preparation of the defense case.

    ICCPR, Article 14.3.b.

  • The right not to be compelled to testify against oneself or to confess to guilt.

    ICCPR, Article 14.3.g.

  • The right not to be subjected to torture and to cruel, inhuman or degrading treatment.

    ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.

Trial rights

  • The right to a fair and public trial without undue delay.

    ICCPR, Article 14.1 and Article 14.3.c.

  • The right to defense through an attorney or legal aid. The right to examine, or have examined, the witnesses against one and to obtain the attendance and examination of witnesses on one’s behalf under the same conditions as prosecution witnesses.

    ICCPR, Article 14.3.d and Article 14.3.e.

  • The right to have the decision rendered in public.

    ICCPR, Article 14.1.

Judgment rights

  • The right to appeal to a court of higher jurisdiction.

    ICCPR, Article 14.5.

  • The right to seek pardon or commutation of sentence.

    ICCPR, Article 6.4.

Capital punishment

  • The inherent right to life, of which no one shall be arbitrarily deprived.

    Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 6.1; Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty, Article 1.1, Article 1.2.

  • The right not to be subjected to cruel, inhuman or degrading punishment.

    ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.

About this Case

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A Shiraz Baha’i, he earned his living as a hospital accountant and an assistant university professor.  Can it be that charges against him included “Not being married”?

Mr. Bahram Yalda'i is one of the 206 Iranian Baha'is listed in a 1999 report published by the Baha'i International Community. Mr. Yalda’i was an assistant professor at Shiraz University and an accountant at the Zaynabiyyih Hospital. He was a member of the Education committee and the liaison between the Local Spiritual Assembly of the Baha'is in Shiraz and the local Baha'i families. The report, Iran’s Secret Blueprint for the Destruction of a Religious Community, documents the persecutions of the members of the Faith in the Islamic Republic of Iran and lists the Baha'is killed since 1978.

Additional information was drawn from the newspaper Khabar-e Jonub, published in Shiraz (22 February 1983), and from various issues of the The Baha’i World. See for example: Vol. XVIII, 1979-1983, Haifa 1986 or description of events as published in A Tribute to the Faithful by Mah Mihr Gulistanih, or Olya's Story by Olya Roohizadegan.

The Baha’is in the Islamic Republic of Iran: Background

The authorities of the Islamic Republic have subjected the members of the Baha'i religious community of Iran - the largest religious minority, with approximately 300 thousand members in 1979(1)- to systematic harassment and persecution, depriving them of their most fundamental human rights. The Baha'i religion is not recognized under the Constitution of the Islamic Republic, and Iranian authorities refer to it as a heresy. As a result, the Baha'is have been denied the rights associated with the status of a religious minority; they cannot profess and practice their faith, and are banned from public functions. Discrimination under the law and in practice has subjected them to abuse and violence.(2)

Persecution of Baha’is in Iran is not specific to the time of the Islamic Republic but it was in this era that it was amplified and institutionalized. During the Revolution itself, supporters of Ayatollah Khomeini attacked Baha’i homes and businesses and in certain instances, even committed murder.

On the eve of his return from France to Iran, in response to a question regarding political and religious freedom of Baha’is under the rule of an Islamic government, Ayatollah Khomeini stated: “They are a political party; they are harmful and detrimental. They will not be acceptable.” The interviewer asked another question: “Will they be free to perform their religious rites?” The Ayatollah responded: “No.” Khomeini had previously “spoken of the Baha’i threat to the Shah’s regime, Islam, national unity, and national security” in various speeches. (Asoo website, October 6, 2015).

Arrest and detention

Mr. Yalda'i, his parents and a guest were arrested in the evening of 23 October 1982 in their home in Shiraz, minutes after a Baha'i meeting had ended there. A few armed revolutionary guards entered and searched his house, confiscating Baha'i books and papers. After processing at the Sepah [revolutionary guards headquarters], he was placed in a solitary cell with two other youths. Because of his religious beliefs, the prison authorities considered him to be an unbeliever, and thus "unclean", and he was subjected to humiliating treatment similar to that of atheist political prisoners. Prison wardens refused to have any physical contact with the prisoner even when, for example, they were guiding the blindfolded prisoner to the interrogation room. In such case guards would give him the end of a folded newspaper and hold the other end, avoiding contact. He suffered from lack of space, food, access to sanitary facilities and flogging for seventy days. Once during his detention he was brought before his mother, Nusrat Yalda’i, while the guards threatened to torture him in front of her. Subsequently, he was transferred to Adelabad Prison, where he remained in custody until his execution.

Trial

The authorities provided no details about Mr. Yalda'i's trial to his family. However, visitors and former cellmates report that he had been repeatedly interrogated by or under the supervision of the Religious Judge and President of the Islamic Revolutionary Court of Shiraz. According to reports by the the Baha’i World, authorities informed the defendant that he would be subjected to four “sessions” in which he would be given the opportunity to recant his faith and accept Islam. He was informed that if he did not sign a prepared statement rejecting Baha’ism, he would be killed. It is unclear if all these sessions took place and whether or not these sessions replaced a trial.

Charges

The text of the indictment was not provided to the family. However, according to statements by the Religious Judge and President of the Revolutionary Court, Mr. Yalda'i's charges were related to his religious beliefs and activities. During his detention, the defendant was asked to recant his faith. It is also reported that he was charged with: "Not being married" (Olya's Story, p. 158), which is not considered a crime in the Islamic Republic's Penal Code. Further, in an interview published in the Newspaper Khabar-e Jonub the religious judge, Head of the Islamic Revolutionary Tribunal of Shiraz, in charge of the case, warned the Baha’is “to embrace dear Islam and …recant Baha’ism, which is rationally and logically doomed, before it is too late”.

The judge also discussed at length the charges and the alleged crimes committed by the defendants and argued that they were arrested because they were active members of the Baha’i administration and because of their “direct or indirect” relationship with the House of Justice based in Israel, which follows the Israeli government.

The judge’s statements regarding those arrested also stressed that the religious activities of the defendants were criminal activities based on Article 13 of the constitution, which “deems illegal any activity for Baha’is and considers a crime the organization of committees, councils, or receptions and any such activities…”

Finally, in his interview, the Head of the Shiraz Revolutionary Tribunal addressed the Baha’i community as a whole, asking its members to recant their faith or face the consequences:

“Soon a day will come when the Muslim nation will deal with the Baha’is the way they dealt with the Hypocrites** …who have diabolic religious pretexts, and will carry out its religious duty, and Baha’is should know that …the Hezbollah Umma will have no difficulty uprooting them.”

Evidence of guilt

No information is available on the evidence presented against the defendant or the latter’s relationship with the Israeli government. However, in his February interview the religious judge elaborated on the Baha’i community’s activities and beliefs as the evidence of their guilt.

The Judge refuted the assertion that Baha’is do not get involved in politics and abide by their government noting that they had not been supportive of the Islamic Republic and had their own administration: “…These people say: ‘We did not participate in any demonstration against the idolatrous [regime]… We did not participate in any of the Islamic Republic’s votes…because all this is politics and, from a religious perspective, we condemn participation in politics. We have our own elections and the Baha’i administration is independent...” While establishing the fact that Baha’is act independently from the state and have an independent administration, the House of Justice, as evidence that they are not loyal to the government, the judge also argued that because the House of Justice is located in Israel, the Baha’is are loyal to the government of Israel.

The very fact that Baha’is have a religious administration outside the “administration of Islam”, is, for the judge, a proof of disloyalty and guilt: “So we can see that these…children of Satan and mercenaries of Israel’s House of Justice have created an administration and a government, no matter how ridiculous, in the face of the government and the administration of Islam. Ironically, they say that ‘we are submissive to the government and whatever the government says we abide by it.’ However, this is only a way of covering the fact that they are acting independently from the people.”

Defense

No information is available on Mr. Yalda'i's defense. However, the representatives of the Baha'i community stress that their members are being persecuted for their religious beliefs. They note that the Baha'is' requests to access their files are usually denied, and that even though they have been allowed to avail themselves of the services of a defense counsel since the mid-1990s, attorneys are often under pressure not to accept Baha'i clients. They refute the validity of charges such as counter-revolutionary political activities or spying leveled against them in Iranian courts. They point out that the fundamental principles of their religion require them to show loyalty and obedience to their government and refrain from any political involvement. They believe that the accusation of espionage for Israel is unfounded and based solely on the fact that the Baha'i World Centre is in Israel. They point out that this centre was established on Mount Carmel in the late 19th century, long before the establishment of the State of Israel.

Judgment

The text of Mr. Yalda'i’s sentence was not communicated to his family. However, the Head of the Islamic Revolutionary Tribunal justified the sentence against the 22 arrested Baha'is in his February interview with Khabar-e Jonub newspaper where he stated:

“It is clear that there is no room, whatsoever, for Baha’is and Baha’ism in the Islamic Republic of Iran... The individuals who have been sentenced to death were active members of the Baha’i faith to whose evil naïve people were exposed. Their association with satans inside and outside [the country] and their enmity with Islam and Muslims are to a large measure obvious.”

The publication of this interview led the families of the prisoners to appeal to the Emam Jom’eh (Friday Prayer leader) and Governor of the Fars Province as well as officials in the Capital to look into the authenticity of the news. At the same time an international campaign in favor of the imprisoned Baha'is was launched, but it remained unsuccessful. Mr. Yalda'i, along with the rest of the Baha'i prisoners, were gathered by the prosecutor one last time to give them a chance to recant their Faith. When the defendant refused to do so, the Revolutionary Court of Shiraz sentenced him to death. The Supreme Revolutionary Court approved this sentence and Mr. Yalda’i was hanged at Abdu'llah Mesgar Garrison, also known as Chogan Square, in Shiraz on 16 June 1983.

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1- ‘Slow Death for Iran’s Baha’is’ by Richard N. Ostling, Time Magazine,20 February 1984. Also see ‘The Persecution of the Baha’is of Iran, 1844-1984, by Douglas Martin, Baha’i Studies,volume 12/13, 1984, p. 3. There is no information about the current number of Baha’is in Iran.
2- The Islamic Republic Penal Code grants no rights to Baha'is, and the courts have denied them the right to redress or to protection against assault, murder, and other forms of persecution and abuse. In so doing, the courts have treated Baha'is as unprotected citizens or "apostates," citing eminent religious authorities whose edicts are considered to be a source of law equal to acts of Parliament. The Founder of the Islamic Republic, Ayatollah Khomeini, made execution a punishment for the crime of apostasy and decreed that a Muslim would not be punished for killing an apostate.

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