E/CN.4/1992/52
page 38
sacred order of the Islamic Republic, and considering the fact that a decision
has already been made and the verdict of the Court of Administrative Justice
is final, his complaint is therefore legally groundless'.
Suspension of pension payments
In view of the verdict issued by the Reviewing Committee of the Manpower
Section of the Ministry of Health, the Department of Social Security informed
Mrs. Kayhandukt Thabitiyan from Babul on 28 October 1990 that, since 'the late
Mr. Manuchihr Dirakhshaniyan was sentenced to permanent dismissal from service
in all government offices (as a result of his membership of the misguided
Baha'i sect), the payment of his pension to his survivors is not legally
permissible'. In a letter dated 19 September 1989, Mr. Derakhshanyan had been
informed by the Department of Social Security that as 'you are permanently
dismissed from employment by the government or any governmental agency (on the
basis of the allegation of your belonging to the misguided sect of Baha'ism).
Therefore, payment of your retirement pension is not legally permissible1.
According to the sources, Mr. Hayat Afshar from Ahvaz, a retired employee
of the National Oil Company was denied his past and present pension payments
since, 'Due to his membership in the misguided sect of Baha'ism, ...
Mr. Hayat Afshar is permanently dismissed from government employment, and
according to the regulations issued by the Council for Investigating
Administrative Offences on 16 March 1986, employees who have not yet submitted
an appeal do not have the right to do so any longer.'
Mr. Hossein Fateri was informed by the Forestry Department on
19 March 1991 that 'we would like to inform you that the discontinuation of
your pension payments was based on the recommendation of the Reforming Council
of the Ministry of Agriculture and in execution of the instructions received
from the previous Minister of the Department of Agriculture which was issued
on 3 June 1981 the reason for which is your membership in the misguided Baha'i
sect. In view of the facts mentioned above, therefore, your pension payments
can in no way be restored'.
Dismissal of complaints concerning members of the Baha'i community
The Civil Court of Abadih informed Mr. Azizu'llah Gulzar who registered a
complaint in an exchange transaction, that 'the Civil Court of Abadih states
that transactions with members of the Baha'i sect are not valid'.
According to the information received, the Public Prosecutor of Karaj
issued a 'verdict for the acquittance of the accused (Mr. Seyed Asadu'llah
Kumayzi, accused of the unintentional murder of his cousin as a result of his
negligence in driving) from the payment of the blood-money' to the family of
the deceased since, 'according to the statement of the accused and the
immediate family of the victim, Firaydun Kumayzi, was a Baha'i. The family
has clearly indicated this fact, and it has been registered by the Court. The
rest of his family are also followers of this sect. Even if they were to
announce their belief in Islam, they would still be considered heretics because
according to their belief, another Prophet, Baha'u'llah, has appeared after
His Holiness Mohammad, which is sufficient evidence for them to be condemned