A/HRC/13/40/Add.1
fabricated news by Bahá’í support groups abroad had been trying to present an unreal image
of the situation of this group in the Islamic Republic of Iran.
128. The Government stated that the three individuals were tried by the pertinent court of
Iran and they were sentenced to four years imprisonment. Following the appeal request by
their lawyers, the appellate court upheld the ruling of the lower court. The Government
indicated that they had access to the same amenities like other prisoners and received visits
from their families and lawyers. Recently, they were given 20 days’ leave outside of the
prison, which – according to the Government – was exercised in the Islamic Republic of
Iran as a humanitarian principle. The Government emphasized that all individuals were
treated in accordance with the rule of law and with due regard to their illegal activities.
Therefore, the Government categorically rejects any allegation stating otherwise.
(c)
Observations of the Special Rapporteur
129. The Special Rapporteur is grateful that the Government of the Islamic Republic of
Iran replied to the joint urgent appeal of 21 January 2008. She would like to take this
opportunity to refer to her framework for communications, more specifically to the
international human rights norms and to the mandate practice concerning the right to
manifest one’s religion or belief and the teaching and dissemination of materials, including
missionary activity (see para. 1 above, category A. 3. f).
2.
(a)
Communication sent on 17 October 2008 jointly with the Independent Expert on
minority issues
Allegations transmitted to the Government
130. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding recent cases involving several members of the
Bahá’í community in the Islamic Republic of Iran, including Ms. Fariba Kamalabadi, Mr.
Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mr.
Vahid Tizfahm and Ms. Mahvash Sabet. These seven Bahá’í members had already been
the subject of a joint communication sent on 19 May 2008 and fears were expressed that
they were detained and convicted solely because of their beliefs or peaceful activities on
behalf of the Bahá’í community. Summaries of this communication as well as observations
of the Special Rapporteur are already reproduced in A/HRC/10/8/Add.1, paras. 93-94 and
paras. 101-112.
(b)
Response from the Government dated 20 February 2009
131. The Government of the Islamic Republic of Iran stated in its response dated 20
February 2009 that judicial procedure on different cases were carried out on the basis of
law, disregarding social titles, positions, profession, belief or religion etc. of the accused
individuals. The Government emphasized that the arrest of the individuals mentioned in the
letters by Special Procedures mandate holders had been as a result of illegal activities and
on the basis of charges laid against the above mentioned individuals in accordance with the
rule of law. Any allegation stating otherwise, including attribution of their arrest to their
belief or ideology, was in the Government’s opinion baseless and constituted a distortion of
realities, with the purpose of inciting public opinion for politically motivated objectives.
132. The Government indicated that the judicial authorities of the Islamic Republic of
Iran had received complaints from a considerable number of individuals of all walks of life
against a sect-oriented organization, attributed to Bahá’ís, under supervision of seven
individuals, namely Khanjani, Tvakoli, Tizfahm, Rezaei, Fariba Kamalbadi, Afif Nafimi
and Mahvash Shahriyari. On the basis of the statements and evidences provided by the
complaints, they had received threats and intimidation from the above mentioned
35