E/CN.4/2006/5/Add.1
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verbally conveyed to the Bahá'ís . When they asked for a written document, the court refused
to issue one. At the time of the communication, the sentence was under appeal. It was feared
that the convictions were related to their religious beliefs.
Urgent appeal sent on 8 November 2005 with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression and
the Special Rapporteur on torture
202.
The Special Rapporteurs were informed that, on 27 April 2004, Grand
Ayatollah Yasub al-Din Rastgari, aged 78, a religious leader and scholar, of Qom in
Iran, was arrested in Qom for publishing a book on religious history titled "The reality
of religious unity". His two sons were also arrested and the company that published
the book was closed down. It was difficult to obtain exact information on the criminal
charges, trial and subsequent sentencing of Ayatollah Rastgari. However, it was
thought that he was accused of insulting Islam and inciting schism in the book. It was
thought that he was secretly sentenced to four years imprisonment by the Special
Court for the Clergy. Ayatollah Rastgari was held in incommunicado detention and
his relatives had not been informed of his whereabouts. He was also reported to be in
poor health, suffering from diabetes and heart disease.
203.
Concern was expressed for Mr. Rastgari’s health, and in view of his
incommunicado detention, it was feared that he might have been at risk of torture or
cruel, inhuman or degrading treatment or punishment.
Urgent appeal sent on 14 November 2005 with the Special Rapporteur on torture
and the Special Rapporteur on Violence against wome n, its causes and
consequences
204.
The Special Rapporteurs expressed their concerns in view of the imminent
execution of Leyla Mafi.
205.
Her death sentence had been commuted and she was now facing a sentence
of flogging and three and a half years in prison. The Supreme Court reportedly
overturned the verdict issued in 2004 but upheld the sentence of flogging, sending the
case back to the Court of First Instance in the city of Arak for a retrial. The Court of
First Instance acquitted Ms. Mafi of the charges of in cest and controlling a brothel.
She was however found guilty under Article 637of the Penal Code of an “unchaste act
with next of kin (other than fornication).” She was sentenced to 99 lashes of the whip
for this offence. She was also found guilty of “providing the facilities for corruption
and prostitution by being available for sexual acts” and sentenced to three and a half
years imprisonment for this offence.
Response from the Government dated 25 January 2006
206.
The Government informed that Ms. Mafi had been charged with establishing
a brothel and had been sentenced to death by the court of first instance. The Supreme
Court subsequently overturned the sentence and referred the case to the Court of
Appeal for reinvestigation. The Court of Appeal reconsidered the case and acquitted
her on the charges of incest and establishing and running a brothel. However, she was
found guilty of facilitating corruption by way of fornication contrary to the Islamic