[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Emblem]

Department of Justice - Islamic Republic of Iran

Do not follow your desires if you want to establish justice

Number

Enclosure

Judgment  

Court

 

Administered by: Branch 8 of the Appeals Court of Khorasan Province, Judgment number 93/613 - [date:] 27/6/1376 [18 September 1997]

Appellants: Jamallodin Hajipour, son of Ghodrat, and Mansour Mehrabi, son of Alireza

Appeal:  Review of Court Order Number 25/627 - [date:] 4/5/1376 [26 July 1997], Branch 1 of the Islamic Revolutionary Court of Justice, Birjand

Date of Service:

Date of Submission: 9/5/1376 [31 July 1997]

Cost of litigation: Paid

Prosecution Panel: President - Mohammad Ali Salehi Tabar, Court advisor - Hosein Houshmand

Case summary: The appellants were arrested on 29/2/1376 [19 May 1997] by officers of the Bijand Department of Intelligence, under authority of the county’s Revolutionary Court.  According to the reports submitted and the outcome of the investigation, the appellant, Mansour Mehrabi, son of Alireza, is a dismissed Navy officer who, subsequent to his dismissal, commenced work in the building industry by managing the Fantos Company in Birjand, and simultaneously commenced his activities in the Baha’i institutions.  After his arrival in the county, he became a member of the English Educational Board, to improve the quality of education for Baha’i students and their families, and held classes at homes [of Baha’is]. Thereafter, he assumed responsibility for the Baha’i Education Committee and undertook significant activities to the end of year 1375 [1996].  He has held regular meetings, such as Feast Committee and Baha’i Life meetings at his own home.

Recently, he has been appointed by the National Khademin Committee in Tehran to membership in the Khademin Committee in Birjand [Note re: “Khademin”:  When, in the years immediately {following}the Islamic Revolution, the government declared that Baha’i institutions were to be disbanded, small ad hoc groups known as the “Khademin” or “Those Who Serve”, were constituted—with the knowledge of the authorities—to tend to the spiritual and social needs of the country’s 300,000 Baha’is. When, in 2009, the prosecutor general declared even these arrangements to be illegal, the Baha’i community voluntarily brought their activities to a close.] He has had some related trips to Tehran.  The county’s Department of Intelligence has reported that he is one of the influential and trusted Baha’is, who has promoted the teachings of the perverse Baha’i sect at the Twelfth of Farvardin School, and during his detention, while meeting with the Baha’i families, has encouraged them to hold illegal meetings.  He has refused to give an undertaking to cease holding these illegal meetings.

The other Appellant, Jamallodin Hajipour, son of Ghodrat, was detained after the arrest of the Baha’i leaders and the closure of their Assemblies, before 1360 [1991].  Subsequent to his release, he reconnected with the institutions and accepted membership in committees of the sect and assumed the responsibility for the Vocational Board in order to promote the education of Baha’i students, and held other Baha’i meetings in his own home. He has stated in Court that he took orders from an institution known as “Yaraneh e Iran” in Tehran. [Note re: Yaraneh e Iran:  The Yaran, or “Friends”, fulfilled the same function as the Khademin, but at the national level; in 2008 all seven members of this group were arrested; they remain incarcerated to this day (July 2017)].  This institution receives its orders from an institution in Israel, where their holy places are situated. In light of his significant activities and responsibilities, he has been appointed to membership in the Khademin Committee. He has refused to cooperate and cease holding illegal meetings, and has stated explicitly in Court that he is unable to give an undertaking to cease holding Baha’i meetings—the order to shut down the meetings must come from the institution of the “Yaran” in Tehran.  

The Court has considered the matter and the report of the investigation, and has heard the statement of the accused. [The Court] is of the view that their offence is espionage against the Islamic Republic of Iran. In accordance with Sections 498, 499 and 508, and the addendum to Section 510 of the Islamic Sentencing Act, each is condemned to two years’ imprisonment and confiscation of the properties of the organisation. Upon [receiving] the verdict, the appellants submitted their appeal within the legal time limit.  The Court reviewed their submissions on 11/6/1376 [2 September 1997]. The appellants, further, have submitted written submission number 756 - [date:] 4/6/1376 [26 August 1997], from the Birjand Prison, requesting an extension of time to appoint legal representatives. The Court finds the request lawful and allows a one-month extension from the receipt of the letter, to enable them to introduce their representatives to the Court.  In response, the aforementioned, by their registered submission number 25/6/1376- 877 [16 September 1997] from the Birjand Prison, have requested the Court to review the case in the absence of their representatives. On 26/6/1376 [17 September 1997], the Court, presided over by the signatories [below], consulted on the case documents and concluded the case as follows;

 

Verdict of the Appeals Court

With respect to the appeal of Mr. Jamallodin Hajipour, son of Ghodrat, and Mr. Mansour Mehrabi, son of Alireza, in relation to Order number 25/627 - [date:] 4/5/1376 [26 July 1997] of Branch 1 of the Birjand Islamic Revolutionary Court of Justice, their defence is not accepted and therefore their appeal is denied.  In view of the unlawful gatherings of Baha’i institutions, regardless of numerous warnings in the past, with the aim of jeopardising national security, and in the absence of cooperation by the appellants, their prison sentence is lawful and legitimate.  The appeal is therefore refused and the decision is to uphold the [original] verdict, per [the relevant] section of the Establishment of the Public and Revolutionary Courts.  As for the assets of the Baha’i institutions, in accordance with Section 13 of the Social Security Act, dated 12/2/1339 [2 May 1960], the order to confiscate is upheld; in other matters, the assets should be returned to their owners.

Head of the Eighth Branch of the Appeals Court - Khorasan Province

Mohammad Ali Salehi Tabar

Court advisor

Hosein Houshmand

[stamp:] Certified Copy

[signature]

[illegible stamp]