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

Select target paragraph3