E/CN.4/1993/62
page 43
With regard to the complaint a former employee of the National Department
of Forestry and Prairies concerning the discontinuation of his pension
payments, in June 1991 the Court of Administrative Justice did ’not find the
complaint acceptable’, ’taking into consideration the fact that the
complainant has not denied membership in the misguided sect’ and ’due to the
fact that membership in the misguided Baha’i sect, a sect which is considered
to be outside of Islam, is cause for dismissal from all government posts, with
all that it might imply’.
The Office of Insurance and Pensions of the Ministry of Defence and
Support of Armed Forces wrote to a former employee in September 1991: ’Based
on the information received, you are a Baha’i and therefore not entitled to
pension payments. However, should you convert to Islam and demonstrate
remorse for having been a Baha’i and further provide this office with proof
that you have embraced Islam, steps will be taken to restore pension payments
to you.’"
38.
In a subsequent communication sent on 30 September 1992 addressed to the
Government of the Islamic Republic of Iran, the following information was
transmitted by the Special Rapporteur:
"According to the information received, two Iranian citizens belonging to
the Baha’i faith, Mr. Bihnam Mithaqi and Mr. Kayvan Khalajabadi, may be facing
imminent execution on account of their religious beliefs. Messrs. Mithaqi and
Khalajabadi, who have reportedly been arrested three years ago and detained in
Gohardasht prison in Karaj, are said to have recently been summoned by the
prison authorities and informed orally that an Islamic Revolutionary Court had
issued a death sentence against them due to their Baha’i faith. It has
further been alleged that the trials at which Mr. Mithaqi and Mr. Khalajabadi
were sentenced took place in the absence of their defence counsel and it is
not known whether all legal remedies have been fully exhausted. It was
reported that the two Muslim lawyers who had been engaged by the defendants in
this case resigned for lack of possibility to continue with their work, after
having taken a number of initial steps."
Iraq
39.
In a communication sent on 4 November 1991 addressed to the Government of
Iraq, the following information was transmitted by the Special Rapporteur
(E/CN.4/1992/52, para. 55) as follows:
"According to the information received, the Shia Muslim community has
been and continues to be subjected to practices inconsistent with the
provisions of the Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief, which jeopardize its
religious identity and heritage. The systematic destruction of the majority
of mosques, Husseiniyas (religious gathering places for commemorating the
martyrdom of Iman Hussein), religious schools, libraries, cemeteries and other
historic sites in the holy cities of Najaf and Kerbala has been reported.
Numerous cemeteries and graveyards are said to have been desecrated and razed
and burials have allegedly been prohibited in many of these facilities. The
principal public libraries and private collections, some of which contained
rare religious books, manuscripts and other valuable objects, were reportedly