Ya Ran

From: Christopher Buck Date: October 15, 2009 2:17:14 PM EDT Your Excellencies, Ambassadors of the Islamic Republic of Iran: I am an independent scholar, and have attached four published articles, in both Persian and English, that bear directly on the persecution of the Baha'is in Iran. In anticipation of the upcoming trial (now scheduled for Oct. 18, 2009) of the seven former leaders of the Baha’i community of Iran, known as the “Yaran” (“Friends”), I write with grave concern over the arrest and detention of these seven Baha'i leaders since May 2008. I understand that Mrs. Fariba Kamalabadi, Mr. Vahid Tizfahm, Mr. Jamaloddin Khanjani, Mr. Afif Naemi, Mrs. Mahvash Sabet, Mr. Behrouz Tavakkoli, and Mr. Saeid Rezaie, have now been detained for nearly a year and a half, and have been denied the right to access their legal counsel, who is Nobel Peace Prize laureate, Shirin Ebadi. The charges against the accused include, inter alia, “espionage for Israel, insulting religious sanctities, and propaganda against the Islamic Republic” and “corruption on earth.” These charges can carry the death penalty. The Baha’is deny categorically these charges. With regard to the charge of “espionage,” on comparative legal grounds, the case bears no facial semblance to any act of “classical spying” that is criminalized under any statutory “Espionage Act” under any system of jurisprudence. Therefore, I can only conclude that the prosecution, on behalf of the Islamic Republic of Iran, cannot meet its burden of proof by laying out a prima facie case for espionage. In the West, espionage statutes

are typically explicit in phrasing the crime of espionage as an act of obtaining information relating to the national defense to be used to the advantage of any foreign nation (often with no distinction made between friend or enemy). In light of the foregoing, what “state secrets” have been compromised? Where is the threat to the State’s external security and internal stability? The accused are not agents of Israel. They are not even “minor” espionage agents. In fact, there is not a shred of reliable evidence that any of the seven accused were involved with any known conspiracy. Provision for capital punishment in espionage and treason acts is the tenet that forfeiture of the life of the spy or traitor will serve as a deterrent to those who may thereafter be tempted to commit similar acts. Instantly, this social policy would be frustrated by the wrong outcome in this case. Here, where there is no identifiable act of espionage or treason, any guilty verdict would work a manifest injustice. I urge each of you, as honorable Ambassadors of the Islamic Republic of Iran, to consider the international consequences of the execution of such these sentences. It is entirely possible that the false accusations of the pending trial—and the unjust sentences that this honorable Court is being asked by the State to contemplate—might supply grist to the mills of the international press and incite anti-Iranian feelings. It is therefore in the State’s best interest not to proceed in a case that promises to have unmeasured ripple effects internationally in besmirching the noble ideals of justice to which the Islamic Republic of Iran stands committed by its own signature on many international treaties, as well as by the principles of justice embedded in the highest Source for Iranian Law — the Qur’an. The State is using the instrumentality of the legal system to prosecute what may be fairly characterized as a “show trial” for the benefit of anti-Baha’i hardliners—yet to the great detriment of Iran’s international standing in the community of nations, as well as a betrayal of its own stated principles. Worst of all, the

fair name of Islam—which stands for “submission” to the powerful presence of justice under divine precept and praxis— will be tarnished if this travesty of pretextual conspiracy charges is allowed to go forward. On procedural grounds alone, I urge your Excellencies to dismiss this case, with prejudice, for lack of due process. As a signatory of the U.N. International Covenant on Civil and Political Rights Due, Iran has committed itself, under international law, to the exercise of due process. Due process, however, is absent from this case. Taking the charitable view that the State’s case here may be the result of invincible ignorance, this would be the best way for all parties to “save face.” Generally, I note that many, if not most, of the members of the Baha'i community in your country are deprived of equal treatment under various policies and laws, such as legal recognition of their religion under the Constitution of the Islamic Republic of Iran. I am also concerned that the Baha'is, in particular, suffer from systematic discrimination, such as denial of the right to education, work and employment benefits. Please be reminded that, under the International Covenant on Civil and Political Rights, your government has the obligation to respect and ensure right to freedom of religion, right to life and right to personal liberty, etc. of all individuals without distinction of race, religion, national origin or other status. In the case of the seven Baha'i detainees, I observe multiple violations to basic rights solely on the basis of their religious beliefs. Iran ratified the International Covenant on Civil and Political Rights in June 1975. As a signatory state, Iran entered the Covenant into force in March 1976. Since the Islamic Revolution of 1979, at no time has the Islamic Republic of Iran sought to revoke its ratification of the treaty. Nor has Iran promulgated any official declarations or expressed any reservations about

any of the Covenant’s clauses. Thus, as the signatory’s successor state, the Islamic Republic of Iran remains fully bound by the terms of the International Covenant on Civil and Political Rights. Article 18 of the Covenant commands: (1) Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. (2) No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. (3) Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. (4) The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions. In contrast, Article 13 of the Constitution of the Islamic Republic of Iran recognizes Zoroastrians, Jews, and Christians as the only legally “recognized religious minorities” and, as such, these are the only religious minorities who “are free to perform their religious rites and ceremonies,” “within the limits of the law.” By specifying that Zoroastrians, Jews, and Christians are the only protected people, people from other faiths are, both in principle and in practice, without protection. This is particularly true in the case of the Baha’is, Iran’s largest non-Muslim religious minority. Baha’is are outside the penumbra of constitutional protections and rights. Not only are the Baha’is not “free to perform their religious rites and ceremonies, and to

act according to their own canon in matters of personal affairs and religious education,” they are not free even to pursue university education. The Iranian regime’s treatment of its Baha’i citizens arguably violates a number of fundamental rights ostensibly enshrined in the Iranian Constitution. The Constitution of the Islamic Republic of Iran is replete with human rights slogans. Yet these are all conditioned on “conformity with Islamic criteria”—which can effectively trump any of the constitutional guarantees enshrined in this duplicitous document, to wit: Article 19 proclaims: “All people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; and color, race, language, and the like, do not bestow any privilege.” Except for the Baha’is. Article 20 declares: “All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria.” Except for the Baha’is. Article 23 stipulates: “The investigation of individuals’ beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief.” Except for the Baha’is. Article 26 announces: “Political parties, societies, political and craft associations, and Islamic or recognized minority religious associations may be freely brought into being, provided that no violation is involved of the principles of independence, freedom, national unity, Islamic standards, and the foundations of the Islamic Republic.” Except for the Baha’is, which is not one of the “recognized minority religious associations” and is therefore excluded.

Article 28 promises: “Every person is entitled to choose the employment he wishes, so long as it is not contrary to Islam or the public interest or the rights of others. The Government is bound, with due regard for the needs of society for a variety of employment for all men, to create the possibility of employment, and equal opportunities for obtaining it.” Except for the Baha’is. Article 29 avers: “Every person is entitled to the enjoyment of Social Security. This covers retirement, unemployment, old age, being laid off, being without a guardian, casual misfortune, accidents, and occurrences giving rise to the need for health services and medical care and treatment, through insurance etc. The Government is bound, in accordance with the laws, to use public revenues and the revenue drawn from individual contributions to provide the services and financial support mentioned above for every individual in the country.” Except for the Baha’is. Article 30 states: “The Government is bound to make available, tree of charge, educational facilities for all up to the close of the secondary stage, and to expand free facilities for higher education up to the limits of the country's own capacity.” Except for the Baha’is. Article 32 commands: “No person may be arrested except according to and in the manner laid down in the law. If someone is detained, the subject matter of the charge, with reasons (for bringing it), must immediately be communicated and explained in writing to the accused. Within at most 24 hours the file on the case and preliminary documentation must be referred to the competent legal authority. Legal procedures must be initiated as early as possible. Anyone infringing this principle will be punished in accordance with the law.” Except for the Baha’is.

Sadly, the Yaran have languished in the notorious Evin prison for close to a year and a half now, without access to their celebrated defense counsel, 1993 Nobel Peace Prize laureate, Shirn Ebadi, who has been denied access not only to her clients, but to their files. Judging from remarks by Ayatollah DorriNajafabadi, the Yaran are presumed guilty rather than presumed innocent, as required by Article 37 of the Constitution of Islamic Republic of Iran: “Innocence is the basic principle. No person is considered legally guilty, except in cases where his guilt is established in a competent court.” Except for the Baha’is. Except for the Yaran. Article 38 decrees: “Any kind of torture used to extract an admission of guilt or to obtain information is forbidden. Compelling people to give evidence, or confess or take an oath is not allowed. Such evidence or confession or oath is null and void. Any person infringing this principle is to be punished in accordance with the law.” Except for the Baha’is. Except for the Yaran. While the post-revolutionary persecution of Baha’is in Iran has attenuated, a subtle strangulation of the Baha’i community is now in effect, evidenced recently by unprovoked arrests and short-term detentions of Baha’is, confiscation of Baha’i properties, summary seizures of liquid assets, wrongful denial of rightful pensions, desecration or destruction of Baha’i cemeteries, official and public denunciations of the Baha’i religion, harassment of Baha’i teachers and students, the effective barring of qualified Baha’i students from higher education, and the barring of Baha’is from all government employment enforced as a matter of official policy and adroitly orchestrated. All attempts to obtain redress are procedurally frustrated or systematically denied, as Baha’is have no legal recourse under Iran’s constitution. Particularly egregious has been the recent destruction of Baha’i sacred sites in Iran, comparable to the Taliban’s demolition of two towering Buddha figures in Bamiyan, Afghanistan, in 2001.

This might be more comprehensible, although no less justifiable, had Baha’is acted against Iran or Islam — both of which they respect and honor. Paradoxically, Baha’is have a strong belief in the prophethood of Muhammad and in the authenticity and veracity of the Qur’an. The situation is even more peculiar for a Western academic, like myself, teaching Islam in an effort to counteract the cultural Islamophobia that still predominates in the West, as a United Nations study has rightly noted. The international community, under Article 3 of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, is duty-bound to do the following: Discrimination between human beings on the grounds of religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter of the United Nations, and shall be condemned as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and enunciated in detail in the International Covenants on Human Rights, and as an obstacle to friendly and peaceful relations between nations. The imminent trial of the Yaran now places Iran itself on trial. The closed trial of the Yaran, moreover, will put Iranian “Islam” on open trial. This charade of justice promises to be a spectacle of debacle, a travesty of due process, a perversion of Iranian “Islamic” justice, a flagrant repudiation of universal standards of human rights, a shock to the judicial conscience, and affront to human dignity, and international scandal and a national disgrace. The international community, according to Article 3 of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, is duty-bound to roundly condemn such actions, and to make compliance with

this requirement of international law a precondition to normalized diplomatic relations. Placed in historical perspective, the prosecution of these Baha’i leaders is the latest major event in a 30-year-long systematic campaign orchestrated by the Islamic Republic of Iran to eliminate the Baha’i community as a viable entity in Iran, the birthplace of the Baha’i Faith. Documentary evidence exists on this campaign: http://iran.bahai.us/documents. Iran will soon judge the Yaran. In so doing, Iran will reflexively be judged by the Yaran. If Iran condemns the Baha’i “Friends” (Yaran), then, under the clear terms of Article 3, Iran “shall be condemned” in the open court of international opinion. To promote true justice and human dignity, I sincerely urge your government to: • Release all the seven Baha'i leaders and other prisoners of conscience immediately and unconditionally; •

Stop persecuting Baha'i and other religious minorities; and

• Respect religious freedom and amend the Constitution of Iran in line with international human rights standards. In the final analysis, Iran’s anti-Baha'i policy does serious damage to the reputation of Islam globally. As a consequence of Iran’s treatment of its Baha’i minority, the ultimate injury-infact is refractory damage to the reputation of Islam in the eyes of the international community.

The most urgent need of the Iranian Baha’i community is for the youth to have access to higher education in the regular official universities. I appeal to your Islamic sense of humanity to grant Baha’is full access to a university education, and to give legal status to the Baha’i Faith as a distinct religious minority. Legal recognition of the Baha’i Faith is not without historical and legal precedent in the Middle East. In 1924, an Egyptian court ruled that the Baha’i Faith is a distinct religion; the same conclusion was reached in a landmark case in Turkey in 1959. “Everyone has the right to education,” according to the Universal Declaration of Human Rights, to which Iran is a signatory. Surely, an enlightened Islamic social policy would grant no less for any human being, whether he or she is Muslim or not. Symbolically, these seven Baha’i leaders—the Yaran—represent all Iranian Baha’is. I respectfully remind you that the international community is watching. The press and media are watching as well. I urge you to put pressure on the appropriate Iranian authorities to release the Yaran immediately. Otherwise, the international Reputation of the Islamic Republic of Iran—and the fair name of the religion of Islam—will be gravely compromised. Respectfully, Christopher Buck