Iranian criminal procedure apropos Bahá'ís (Yaran) on trial

From Iran Press Watch.

The Trial of the Yaran under Iranian Criminal Procedure: "The Justice of God" or Procedural Injustice?

Posted: 05 Feb 2010

by Christopher Buck, Ph.D., J.D.
[Editor: Iran Press Watch welcomes back Dr. Christopher Buck, a distinguished legal scholar. While most writers expose the injustice of Iranian practice in contrast with the international practice, Dr. Buck demonstrates how the current treatment of the Yaran is even problematic within the context of Iran's own legal framework. Dr Buck's article comes in a critical time when in two short days, on the 7th of February, 2010, the second trial of Yaran is scheduled to take place. The Baha'i Communities around the world are holding devotional gatherings as a response to the call of the Universal House of Justice, the international governing body of the Baha'i Community: "The prayers offered by the  [Baha'is] … worldwide have been a constant source of comfort and support to the  former members of the Yaran who have withstood their long ordeal with heroic  fortitude and patience." With these thoughts in mind we invite you to consider the discourse by Dr. Buck.]
Part I:
The "Justice of Islam," Jurisdiction and Venue, Prosecution and Indictment
The trial of the Yaran, the "first session" of which took place on January 12, 2010, is being conducted under the current system of Iranian criminal procedure, a creature of the Islamic Revolution of Iran. Just as my previous article, "Iranian Islam, not the Yaran, on trial in the court of international opinion" (published by Iran Press Watch on January 12, 2010, the day of the first session of the trial of the Yaran), was an effort to show how the treatment of the Yaran reflects poorly on Iranian Islam inasmuch as the "Justice of Islam" is concerned, the present article demonstrates how, by Iranian legal standards, the treatment of the Yaran is in clear violation of the current Constitution of the Islamic Republic of Iran and its existing Code of Criminal Procedure (CCP).
Both articles, therefore, are essentially "Iranian" and "Islamic" arguments. I have not seen this approach taken by others. While the international community is interested to know how the treatment of the Yaran violates international standards, I believe that the Iranian audience would like to know how the legal course of the case of the Yaran is problematic within the Iranian legal context itself. This is not an easy task for anyone who has to comprehend a completely different system of criminal procedure for the first time. Consequently, I add this disclaimer: that my understanding of Iranian law is imperfect, to say the least; yet I have made every attempt to ground my argument in clearly documented principles of Iranian criminal procedure.
The Yaran — who have been held in the notorious Evin Prison since the spring of 2008 — are represented by four lawyers from the Center for the Defense of Human Rights based in Tehran — Ms. Shirin Ebadi (Iran's first female judge prior to the 1979 Islamic revolution, and awarded the Nobel Peace Prize in 2003), Mr. Abdolfattah Soltani (co-founder of the Center for the Defense of Human Rights), Mr. Hadi Esma'ilzadeh and Ms. Mahnaz Parakand. The latter two, Mr. Esma'ilzadeh and Ms. Parakand, took part in the hearing on January 12, 2010 and represented the accused, as Ms. Ebadi is out of the country. Mr. Soltani was unavailable, having been twice imprisoned previously.
"Representation" was unduly restrictive. Shortly after the trial, Ms. Ebadi commented: "When I and my colleagues accepted to act as their defense lawyers, they [detainees] had not been allowed to see their families for over a year. And for some time too, they were not allowed to meet with us. After a year and a half when the investigation ended, I and the rest of the lawyers were permitted to read the dossier and we met them on one occasion in prison." ("Iran's Ebadi says seven Baha'is must be acquitted." Washington TV. Online at http://televisionwashington.com/floater_article1.aspx?lang=en&t=1&id=17143.)
The purpose of this article is to help render translucent the otherwise opaque system of Iranian criminal procedure, which will never be fully transparent. See, e.g., Richard Vogler, "Islamic Criminal Justice: Theocratic Inquisitoriality," A World View of Criminal Justice (Hants, UK/Burlington, VY: Ashgate Publishing, 2005), 105–126.

Read the full article here.

Qur'án teacher openly clobbers, vilifies Bahá'í children

From Iran Press Watch.

Physical assault on two Baha'i students by their Qur'an teacher

Posted: 01 Feb 2010

Tuesday 29 Day 1388 [19 Jan 2010]
Society for Combating against Educational Discrimination ( P.C.E.D. ): Physical assault on two Baha'i students by their Qur'an teacher
Following a series of governmental activities aimed at the denial of rights to the Baha'is of Iran, a short time ago two Baha'i students at the Sa'adat Guidance School in Shiraz were subjected to severe physical assault by their Qur'an instructor, whose name was Mr Rashidi.
The following account describes the episode, in the words of one of the two 12 year old students:
' The end-of-the-period bell had not rung yet, but the Qur'an instruction had finished.
The students were talking together quietly, when suddenly the teacher's voice made us all silent: " You two, come here!". I thought he was addressing the students sitting behind us, but he was probably calling my friend and me. Before rising from our seats, the teacher reached our desk and first attacked my friend, who was sitting on the first spot of the bench. With several harsh blows he threw him off his seat and dragged him to a corner of the room, where he set upon him with fist blows and kicks. Stunned and frightened, I was looking at the teacher, who was walking towards me. I was frozen in my place in terror when his fist blows showered my head and face. The only thing I could do was to cover my neck to avoid the blows hitting my neck — because I had recently had a tonsillectomy, and was worried that the blows might hit the surgery spot. At any rate, he threw me to a corner of the room, as he had done to my friend, and said "sit here on the floor", as again he kicked us with all his might. As the repeated blows were falling on my head, the only sound I heard were the insults he heaped on the beliefs of my friend and me. Whenever he entered the classroom, addressing us two, he would denigrate the Baha'i Faith before starting his lesson. I don't know why on that day he displayed such harsh behaviour toward us for our belief. I felt he had always waited for an opportunity for vengeance against us, due to our belief in the Baha'i Faith, and now he had found that chance, carrying out his teaching duties appropriately! Beaten and heart-broken, I went home.
'The next day, my parents came to school to pursue the matter. The Principal, Mr Shafi'i, categorically denied that the episode had occurred, and promised to my family that if such a thing had in fact happened he would speak to the teacher. Arriving at the school the next day, I expected that we would certainly be consoled. The Principle, addressing the morning assembly from his podium, began with insults and undeserved accusations against the Baha'i Faith, calling it a British and Israeli invention, with followers who held empty and baseless beliefs, and who were spies and enemies of Islam. I was stunned. It seemed that instead of the teacher being chastised, he had been advised to play his part in this breach of rights in the most appropriate way!! '
As is stated in the National Charter of Student Rights:
Fundamental Student Rights:

• Article 1 – A student has the right to free speech and belief, and is to be protected from harm after expressing same.
• Article 2 – A student is protected against harm to his body, emotional and personal dignity. His supreme human station must be respected.

Society for Combating against Educational Discrimination
Translation by Iran Press Watch
Source: www.edu-right.us

Source: Iran Press Watch.
Photo source: http://www.payvand.com/news/08/jul/1030.html

French Litterateur Joins in Championing Bahá'ís' Rights

From Iran Press Watch.

The Baha'i Hunt in Iran…

Posted: 28 Jan 2010

The Baha'i Hunt in Iran

By Serge Dupont-Valin

10 January 2010

I am not Baha'i. I didn't even know Baha'is existed! What a strange name – Baha'i…

In Iran, they are pursuing Baha'is, imprisoning them, destroying their possessions. But what crime are they accusing them of? Born in the 19th century, this religion, "Baha'ism", based on the concept of one prophet succeeding another, is characterized by tolerance and pacifism. This community practices, among other principles, the equality of men and women, the elimination of all forms of prejudice, the elimination of extremes of wealth and poverty, education for all, religious tolerance. I didn't know that the Baha'i Faith is the second most widespread religion in the world, existing in 218 countries and sovereign territories.

How did I learn all this?

My memory goes back to the book faire of Saint Louis, in Alsace – one of the most important of such expositions in France – whose organizers refused to exhibit my novels for all kinds of reasons. The truth was that that I wasn't part of the powerful group of well-known names of the literary microcosm; that is, I wasn't well-known to the media. I was resentfully about to abandon all hope of actively participating in the fair when the Baha'is, who had rented a booth to display their own literature, spontaneously offered me a place to sign my works in their stand. Nothing was negotiated; no conditions were imposed on me; no one tried to recruit me. This simple gesture of generosity accompanied by a smile was a lesson to me!

Therefore, in response to this magnanimity, I would like to inform you of the following press release:

Seven accused of spying for Israel to be judged Tuesday, tension mounts for the Baha'is of Iran

Acute anxiety, once again, for the Baha'is of Iran. The seven Baha'i leaders, two women and five men, held in Evin prison of Tehran for 20 months, are to appear in court on Tuesday, January 12, on charges that could lead to the death penalty. As the date approaches, bad news has been received that pressure is mounting as though the ground is being laid for a trial that will teach the Baha'is a lesson.

In addition, thirteen Baha'is were arrested on Sunday, January 3. Among them was Negar Sabet, the daughter of Mahvash Sabet, one of the seven to be tried on Tuesday, as well as Leva Khanjani, the granddaughter of Jamaloddin Khanjani, the older of the seven leaders. This young woman was arrested along with her husband, Babak Mobasher. Jinous Sobhani, the former secretary of Nobel Prize winner Shirin Ebadi and her husband, Artin Ghazanfari, were also summoned. Ten of the thirteen are still in detention. At the same time, and for some weeks, an anti-Baha'i campaign has been intensifying in the official media.

Plot theory

Baha'is, the largest non-Muslim religious minority in Iran, have always been the scapegoat of the Islamic Republic. The Iranian regime is constantly charging them with well-worn allegations of conspiracy theories, adapted to suit the new circumstances. These days, the Baha'is have been accused, by "experts" interviewed by the reporters of ultra-conservative newspapers, as being "behind" the post-electoral disturbances, or for having fomented the December 27 protests which took place during the festival of Ashura, and for being hidden consultants for the reform candidates. In addition, the old accusation of being agents of Zionism persists. For good measure, the authorities are requiring those being summoned to sign a commitment not to participate in demonstrations. Note that the Baha'is, according to their principles, abstain from any political activity.
The seven Baha'i leaders to be judged on Tuesday have never received an official accusation, but have been accused in the ultra-conservative newspapers of being "spies for Israel", to have insulted the sacred character of Islam and for having produced "propaganda against the Islamic Republic" – all unfounded accusations, and each one liable to the death sentence..

Shirin Ebadi is a lawyer for the seven Baha'is. Although she is abroad, her colleague, the courageous fighter for human rights, who is well-acquainted with Iranian prisons, Mr. Abdolfattah Soltani, has agreed to defend them. He was arrested in June, and then freed, after a fine of 90,000 euros was paid at the end of August.

"Enemies of God Organization"

During the last ten months, 60 Baha'is have been arrested and then freed, each held for between one days and several months. At the moment 48 are incarcerated, the only reason being their faith. For thirty years they have been considered to be "unprotected infidels". This community of 300,000 believers is known as "the enemies of God organization". Second class citizens in their own country, Baha'is are deprived of post-secondary education, and have no access to the public sector. Just for being a Baha'i one can have one's property and possessions seized, can be deprived of retirement funds, can be denied a loan or a license. In school, teachers are encouraged to publicly humiliate Baha'i children. Hundreds of Baha'i cemeteries have been desecrated and razed. Citizens who attack Baha'is are not questioned. More than 200 Baha'is, among them minors, have been executed since the founding of the Islamic Republican.

However, the Baha'is have at least one ray of hope: they note that, among their countrymen, inside and outside of Iran, the number of those who sympathize with them is growing.
And, humble craftsman of literature I am, I would like to be associated with the protests emanating from the United Nations, from the European Parliament, from the foreign ministers of different countries around the world, from well-known personalities such as François Jacob of the Academy of Science, and from a considerable number of organizations and institutions, as well as from citizens who are passionate about justice and tolerance.

Translation by Iran Press Watch

Source: http://www.lemonde.fr/opinions/chronique/2010/01/11/en-iran-chasse-aux-baha-is_1289818_3232.html

10 January Message of Bahá'í Supreme Governing Council to Believers in Iran

A letter of consolation, hope and encouragement addressed by the Universal House of Justice to the Bahá'ís of Iran, dated 10 January 2010, following the arrest of ten Bahá'ís on 3 January 2010 (more on that here).
(Excerpt:)

[R]egrettably, those whose inner vision is dimmed by the veils of religious prejudice have conspired to create false accusations so as to provide justification to the Iranian people for their acts of oppression against you, seemingly unaware that such actions ultimately vitiate the perpetrator's credibility.

The Seat of the Universal House of Justice, Mount Carmel, Haifa, Israel.

THE UNIVERSAL HOUSE OF JUSTICE

10 January 2010

To the Believers in the Cradle of the Faith

Dearly loved Friends,

As the date set for the trial of the former members of the Yaran approaches, certain officials have made statements over the past few days claiming that the motive for the arrest of ten friends on 3 January 2010 lay not in their membership in the Baha'i community but in their involvement in organizing the events that occurred on the day of 'Ashura. The people of Iran--indeed, the people of the world and the community of nations--are familiar with the principles of the Baha'i Faith, the conduct of its adherents, and the history of its development; they know therefore that such a claim is baseless. All fair-minded people would attest that Baha'is, wherever they reside, labour shoulder to shoulder with their compatriots for the progress and prosperity of their nation. Baha'is are known to rely on the framework of the law in defence of their own rights as well as those of others. They aspire to the virtues of truthfulness and honesty, eschew violence and conflict, and avoid all manner of partisan politics. Yet, regrettably, those whose inner vision is dimmed by the veils of religious prejudice have conspired to create false accusations so as to provide justification to the Iranian people for their acts of oppression against you, seemingly unaware that such actions ultimately vitiate the perpetrator's credibility. We take comfort in knowing that you are cognizant of the operation of divine forces. You realize that within His grasp are held the reins of all things. You call on the spiritual powers born of such understanding to transcend enmity and oppression. Staunch and immovable, you have won the admiration of the world as you have continued to discharge your duties with consummate wisdom. Our hearts overflow with love and admiration for each and every one of you. We raise our hands in supplication to Almighty God, beseeching Him to safeguard you and to aid you in promoting the interests of the Cause and in serving your fellow countrymen.

[signed: The Universal House of Justice]

(Authorized translation from the Persian original)
(Photo copyright Bahá'í International Community)

Indications of Systematic Plotting by Iran Government to Implicate Jailed Baha'is

Concern is growing over the lack of information about the status of 10 Baha'is who were arrested earlier this month in Iran.

The Committee of Human Rights Reporters has published these photographs and identified the individuals as among the 10 Baha'is, including two married couples, arrested on 3 January.

Detention of ten Baha'is leads to fears for other prisoners

27 January 2010

NEW YORK —
In addition to worry about their safety, there are fears that charges against these 10 will be used to create false evidence in court against the seven Baha'i leaders who have been held since 2008 and whose trial is set to resume on 7 February.
"Our concern is that in the absence of any evidence against the seven leaders, the authorities may be attempting to build a case by perhaps forcing these newly arrested Baha'is to 'confess' that they were involved in organizing December's Ashura demonstrations under orders from their 'leadership'," said Bani Dugal, the principal representative of the Baha'i International Community to the United Nations.
"Any such claim would be absurd, given that the seven leaders have been in prison for the last two years," she said.
Since their arrest on 3 January, statements have been made in Iranian state-sanctioned media that the 10 possessed arms and ammunition in their homes as part of an anti-government plot related to the December demonstrations.
The 10 have virtually disappeared into Iran's detention system, said Ms. Dugal.
While it is not known whether any of these 10 were in fact present at the Ashura demonstrations, any suggestion that they were central to the organization of these events or that they possessed arms to be used against the government is completely without foundation, she said.
"In the three weeks since these Baha'is were detained, their families have had no contact with them, aside from a brief telephone message to one family member on 11 January."
While families have been unable to contact the 10, it has been learned that they have been transferred recently to Gohardasht prison in Karaj.
"A cell mate of some of the Baha'i prisoners was recently released, and this individual informed the families of this transfer," said Ms. Dugal. "We don't know exactly what this means, but we do know that families tried to bring clothes and money to the prisoners. The money was accepted by authorities in Karaj, but not the clothing."
The 10 Baha'is who were arrested on 3 January are Mrs. Leva Khanjani, granddaughter of Jamaloddin Khanjani, one of the seven Baha'i leaders, and her husband, Mr. Babak Mobasher; Mr. Artin Ghazanfari and his wife, Mrs. Jinous Sobhani, former secretary of Nobel laureate and human rights attorney Shirin Ebadi; Mr. Mehran Rowhani and Mr. Farid Rowhani, who are brothers; Mr Payam Fanaian; Mr. Nikav Hoveydaie; and Mr. Ebrahim Shadmehr and his son, Mr. Zavosh Shadmehr.
On 12 January, the formal arraignment of the seven leaders was held in Branch 28 of the Revolutionary Court in Tehran.
According to accounts in government-sponsored news media, the seven have been charged with: espionage, propaganda activities against the Islamic order, the establishment of an illegal administration, cooperation with Israel, sending secret documents outside the country, acting against the security of the country, and corruption on earth.
In court, the defendants explicitly denied all of these charges.
Ms. Dugal said the judge has reportedly indicated that the next session of the trial on 7 February will be open and the families will be permitted to attend. The first court appearance was closed to the public.
The seven "leaders" are Mrs. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mrs. Mahvash Sabet, Mr. Behrouz Tavakkoli, and Mr. Vahid Tizfahm.
This group of seven and the 10 Baha'is arrested on 3 January are among hundreds of Baha'is who have been detained in the ongoing persecution of Baha'is - a systematic campaign that has increased in severity in the last few years.

Source: Baha'i World News Service

Seven leaders of Iran's Bahá'í community reject accusations; new court date set

From Bahá'í World News Service.

Date set for seven Baha'i leaders' next court session
20 January 2010

GENEVA — Iranian authorities have notified the lawyers of seven imprisoned Baha'i leaders that the next session of their trial will be held on 7 February, the Baha'i International Community learned today.

At their first court appearance, held 12 January in Tehran, the charges were read to the seven, who categorically denied the accusations.

"While we know little about what actually took place inside the court, we can now say for certain that these seven innocent Baha'is stood up and firmly rejected all of the charges against them," said Diane Ala'i of the Baha'i International Community.

"We can also say that, based on the international outcry that accompanied the first session of their trial, the world is watching this proceeding closely and that the Iranian government will be held accountable for any injustices," she said.

The charges against the seven, according to accounts in government-sponsored news media, were: espionage, "propaganda activities against the Islamic order," the establishment of an "illegal administration," cooperation with Israel, sending secret documents outside the country, acting against the security of the country, and "corruption on earth."

The seven defendants are Mrs. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mrs. Mahvash Sabet, Mr. Behrouz Tavakkoli, and Mr. Vahid Tizfahm.

All but one of the group were arrested on 14 May 2008 at their homes in Tehran. Mrs. Sabet was arrested on 5 March 2008 while in Mashhad. They have been held in Tehran's Evin prison ever since, spending their first year there without formal charges or any access to lawyers.

Source: http://news.bahai.org/story/750

Trial's Predetermined Outcome Evident from Pre-Trial Press Release

 
The Iranian government's unjust procedures are laid bare for all to see.
(Excerpt:)

The best example that reveals the true nature of the government’s intentions with this trial is text of the pre-written report that was inadvertently printed prior to the intended date. In one of its paragraphs, the text notes that the defendants had “confessed that they had held meetings at the homes of ambassadors from Western countries.”

A Major Gaffe Reveals the True Nature of The Show Trial of the Iranian Bahá'ís

Posted on Facebook Friday 15 January 2010 at 03:54 GMT-1

Written by Leva Mottahed
Translated by Nizam Missaghi

The Bahá'í Affairs Committee of the Human Rights Activists in Iran

January 14, 2010

The trial for the former Bahá'í leaders of Iran was finally held in Tehran’s Revolutionary Court on Tuesday January 12, 2010, after a 1.5-year detention period and postponing of three previous trial dates. This trial was held behind closed doors and the immediate families were not allowed to be present. Even the lawyers representing the defendants had to work their way into the courtroom after significant persistence. The lawyers were able to finally meet their clients in person for the first time on the day of the trial. Despite being held behind closed doors, there were camera crews present in the courtroom, although it was not immediately apparent with what agency they were associated or who had granted them permission to record the proceedings.

The most prominent feature of the trial was its true nature as a show trial. This was most apparent in the inadvertent release on January 11, 2010, of a report of this trial a day before its actual date. The report was apparently pre-written and sent to news outlets for publication on Tuesday afternoon, after the session’s adjournment. However, despite well-rehearsed “instructions” regarding the timing of the publication, a major semi-official news source entitled “Young Journalists” published the report at 17:50 on Monday, January 11, on its front page, and, within two hours, another website entitled fararu.com published the same article and referenced the original publication. The original article was available for viewing on the front page of “Young Journalists” website but was promptly removed at 09:05 on January 12, presumably once the gaffe was discovered. The site did not, however, realize that their article had been cross-posted and referenced on fararu.com. The original URL for the Young Journalists website http://www.yjc.ir/news/NewsDesc.aspx?newsid=264157 is now a broken link.

It is worth noting that the same exact article appeared the next day, January 12, after the court adjourned, on official and semi-official websites. This fact also reveals the true nature of the proceedings as a show trial since the authorities did not even bother to change the wording of a scripted report and re-published the same article. Farsnews and ISNA are the two sources that published the same article with the right timing:

http://www.farsnews.com/newstext.php?nn=8810221294

http://isna.ir/ISNA/NewsView.aspx?ID=News-1472572&Lang=P

The above gaffes not only give credence to how this proceeding is nothing but a show trial with predetermined verdicts, but also present as strong evidence that the seven Bahá'í leaders are innocent. The regime has no document or evidence to present in support of its allegations against the Bahá'ís. Therefore, by holding the court session behind closed doors and presenting pre-written reports to the media, the regime is attempting to influence public opinion rather than ensuring justice. The best example that reveals the true nature of the government’s intentions with this trial is text of the pre-written report that was inadvertently printed prior to the intended date. In one of its paragraphs, the text notes that the defendants had “confessed that they had held meetings at the homes of ambassadors from Western countries.”

The intentions of the Iranian government toward the Bahá'í leaders are evident from the above. They have been held under “temporary detention” status for over 1.5 years with deplorable conditions and severed restrictions. Their dire situation is alarming and leaves these individuals vulnerable to significant danger at the behest of the Iranian government. It is incumbent upon all human rights activists and organizations to take action to ensure preservation of life and securing of freedom for these seven Bahá'ís.

Seven former leaders of the Baha'i Community in Iran

Photo copyright Bahá'í International Community