Respecting Legitimate Freedoms and Protecting Citizens’ Rights: Excerpt from Iranian legal framework.

[Editor’s Note: Iran Press Watch has recently published a number of articles by qualified authors in an effort to make the Iranian legal framework accessible to the readers. Recently, in this series you can read “Iranian Islam, not the Yaran, on trial in the court of international opinion,” and “The Trial of the Yaran under Iranian Criminal Procedure: ‘The Justice of God’ or Procedural Injustice?” by Dr. Christopher Buck. Now we are happy to provide a provisional translation of a portion of a piece of legislation, “Respecting Legitimate Freedoms and Protecting Citizens' Rights,” adopted in Iran on 4th of May, 2004. The translation is by Mr. Omid Ghaemmaghami, a doctoral student at the University of Toronto.]

Respecting Legitimate Freedoms and Protecting Citizens’ Rights

“Single Act”: From the date of the adoption of this statute, all public tribunals, Revolutionary Courts, military courts, public prosecutor offices, and judicial officials are bound to observe the provisions articulated below in carrying out their legal duties. Violators will be prosecuted to face punishment, as prescribed by law.

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7 February 2010
(BWNS) GENEVA — Seven imprisoned Baha’i leaders appeared in court today in Iran for a second session of their trial.

The session was once again closed, and family members were not permitted in the courtroom, the Baha’i International Community has learned.

The hearing, which lasted just over one hour, does not seem to have gone beyond procedural issues. No date was given for any future sessions.

The seven were arrested nearly two years ago and have been held in Tehran’s Evin prison since that time, spending the first year there without formal charges or access to lawyers.

After several postponements, their trial officially began on 12 January, when the seven were arraigned in Branch 28 of the Revolutionary Court in Tehran.

That session was also closed to the public, but accounts in government-sponsored news media said the defendants were formally 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.

All the charges have been categorically denied. The defendants are Mrs. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mrs. Mahvash Sabet, Mr. Behrouz Tavakkoli, and Mr. Vahid Tizfahm.

Source: BWNS, English, Persian.

THE TRIAL OF THE YARAN UNDER IRANIAN CRIMINAL PROCEDURE: “THE JUSTICE OF GOD” OR PROCEDURAL INJUSTICE?

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).

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(HRA) 27 Day 1388 [17 Jan 2010]
Mr. Siamak Ighani, a Baha’i resident of Semnan, Iran, has been sentenced to three years in prison for propaganda against the Iranain Government and teaching the Baha’i Faith.
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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.

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31-Jan-2010

(BWNS) NEW YORK — The Baha’i International Community has issued a statement condemning the trial of 16 individuals in Iran yesterday as a “violation of all internationally accepted standards of legal due process.”

The statement highlights the lack of proper legal representation for the defendants and the use of unreliable “confessions” in the trial. One of the 16 on trial is a Baha’i.

“The use of coerced ‘confessions’ and the denial of adequate legal representation reflect the Iranian authorities’ growing assault on human rights,” said Bani Dugal, principal representative of the Baha’i International Community to the United Nations.

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