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.

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