A/HRC/13/40/Add.1
individuals or their subordinates to join the sect organization. The complainants were –
according to the Government – threatened through interference and meddling with their
private lives and beliefs to be disconnected from their families and relatives. Following
registry of the complaints and seriousness of the allegations, strict orders were issued by the
pertinent authorities for carrying out thorough investigations into the case. The result of
these investigations revealed that the above mentioned individuals had played an effective
role in the occurring and realization of the mentioned offences. The Government stated that
through formation of a clandestine and frightful organization, and systematic control of the
private, social and economic activities of their sect members as well as accurate planning
and programming for entrapping other people into their sect through abnormal and illegal
methods including persuasion, temptation and threat, they intended to expand their illegal
organization and ultimately achieve their goals through creating a deviant move.
133. The Government claimed that on the basis of the existing authentic evidences, the
organization had received several directives from Israel, as the centre, as well as
considerable financial assistance for the realization of its objectives. Pursuant to the registry
of complaints and the result of the alarming investigation findings, particularly relation of
the illegal organization with a foreign country, the above mentioned individuals were
legally charged and sued for action against state national security. Therefore, six of them
were arrested on 14 May 2008, on the writ issued by the Tehran Public Prosecutor’s Office.
Later, the writ was objected and the case was transferred to the pertinent court. Pursuant to
the review of the objection the writ was reinstated. The seventh individual, Ms. Mahvash
Shahriyari, who was arrested earlier in Mashad city, was transferred to Tehran due to the
result of investigations and the statements made by the above mentioned individuals on her
connection with the dossier under investigation.
134. The Government indicated that the preliminary state of investigations was complete
and that the case was referred to the competent court. Upon exhaustion of the national
judicial procedures, the Special Rapporteurs would be advised of the final verdict.
(c)
Observations of the Special Rapporteur
135. The Special Rapporteur is grateful that the Government of the Islamic Republic of
Iran replied to the joint communication of 17 October 2008. She would like to reiterate the
observations and concerns in her previous report (see A/HRC/10/8/Add.1, paras. 94 and
paras. 111-112). The Special Rapporteur again urges the Government to ensure that the
Bahá’í members, who have been detained for more than 20 months so far, receive a fair trial
and in this regard she would like to recommend the presence of independent observers
during the trials. Reportedly, the trial of Ms. Fariba Kamalabadi, Mr. Jamaloddin Khanjani,
Mr. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mr. Vahid Tizfahm and Ms.
Mahvash Sabet began on 12 January 2010 in Tehran, however, no observers were allowed
inside the court at that session.
3.
(a)
Communication sent on 26 January 2009 jointly with the Chairperson-Rapporteur of
the Working Group on arbitrary detention, the Independent Expert on minority
issues, and the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment
Allegations transmitted to the Government
136. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding the situation of Mr. Aziz Samandari, Ms. Jinous
Sobhani, Mr. Shahrokh Taef, Mr. Payam Aghsani and Mr. Didar Raoufi, members of
the Bahá’í community in Iran. On 14 January 2009, early in the morning, they were arrested
at their respective homes in Tehran by Iranian Intelligence Ministry officials. No charges
36