E/CN.4/1996/95/Add.2
page 16
activities, such as espionage. Moreover, all access to public office was
conditional on the fulfilment of certain criteria, such as loyalty to the
regime.
(e)
In the field of justice
67.
The Baha’i representatives mentioned the highly negative attitude of
judicial bodies towards the Baha’is. In fact, apart from some exceptional
cases, the judiciary would never respond positively to complaints lodged by
Baha’is. The courts, presupposing the Baha’is to be involved in espionage
activities, would infer that the Baha’is had no recognized rights. The
Penal Code also denied the Baha’is any rights. For the last three years, the
Baha’is had nevertheless been entitled to avail themselves of the services of
a lawyer. However, according to the Baha’is, lawyers were subjected to
pressures and threats to induce them to refuse any Baha’i client. In the case
of Baha’i prisoners, requests by defence counsel for files were normally
rejected and the texts of sentences were not communicated.
68.
The Ministry of Justice said that no discriminatory treatment had been
reported in the judicial sector. It indicated that no judge had the right to
reject a complaint and justice was administered in accordance with the legally
prescribed rules (particularly respect for the right of defence and the
possibility of appealing and being granted a pardon).
(f)
Security of person
69.
The Baha’i representatives said that, since 1979, 201 Baha’is had been
assassinated and 15 others had been reported missing, presumed dead. From
January 1990 to June 1993, 43 Baha’is had been arrested and sentenced to
various terms of imprisonment because of their beliefs. Seven Baha’is were
currently detained and two of these had been sentenced to death (the cases of
Mr. Kayvan Khalajabadi and Mr. Bihnam Mithaqi, as mentioned in the
communication of 18 August 1994 from the Special Rapporteur E/CN.4/1995/91,
para. 64). During his visit, the Special Rapporteur had asked to see those
two persons. This request was not met. However, the Baha’i representatives
emphasized that, during the last six years, the number of Baha’is arrested
because of their religious faith had declined and the executions had
apparently been halted.
70.
The Ministry of Justice explained that persons were convicted and
detained because of offences (criminal acts of espionage, etc.) and not
because of their beliefs. It pointed out that freedom of belief was
recognized, including freedom to adopt the religion of one’s personal choice,
and no attack on other faiths in the name of religion was authorized. The
authorities indicated that the fact of belonging to the Baha’i community did
not entail loss of the rights to which every Iranian citizen was entitled.
They also said that they had had to combat small extremist groups that had
already existed before the Revolution and whose aim was to eliminate the
Baha’is.