[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

Judgment Number 81

 

Judgment issued by Branch 14 of the Central Islamic Revolutionary Court regarding the accused Behnam Misaghi, son of Zaygham, and Keyvan Khalajabadi, son of Samad.

 

Charges:

Behnam Misaghi:  Responsible for communication with the [Baha’i] centre, and for financial affairs as well as for Feasts.

Keyvan Khalajabadi:  In charge of solving problems of [children’s] classes, delivering news and messages to families, organizing meetings with the intention of holding Feasts, receiving messages regarding the administration.

 

The following details support the above [charges]:

 

  1. The minutes of the investigation and the report of the officials of the former Revolutionary Committee of Karaj with respect to the details surrounding their arrest, and their [the accused] initial statements.
  2. Books and documents related to Baha’ism found in their homes.
  3. The clear and direct confession of the accused during various stages of the interrogations, and in court sessions, regarding their involvement with the sect of Baha’ism, and their belief in its institutions, their having undertaken essential activities related to internal matters and carried out individual responsibilities within the framework of the [Baha’i] administration.
  4. The manner in which the accused defended themselves during various stages of the interrogation, and in court sessions, and their assertive justification of their way and belief, and their efforts in this path; their confession to their membership in Baha’i institutions, and their endeavours on behalf [of those same institutions]; letter number 527/4/74939 dated 16/3/71 [6 June 1992] from the Ministry of Intelligence regarding the nature and form of the activities of the accused, and their relation to the Baha’i administration, and [the accused having] provided information about events within prison, [as well as] interrogations and the results of the [court] proceedings to the central Baha’i administrative agencies in Iran during their 48-hour release period; and, in turn, transmittal of this information to the UN [illegible] which the follow-up by the Baha’i institutions outside the country.  Copies of communications contained in our records support these allegations.
  5. Based on documents in our records relative to the duties of members of Baha’i institutions -- and the accused were engaged in [such] activities within the framework of these stated duties and directives -- and considering the above-mentioned points, as well as the fact that Baha’i institutions are associated with the International Zionist Spying Organization, with its headquarters in Israel — the Usurper — and is continuously in contention with the holy and prophetic religion of Islam; and since the accused are, at this time, with utmost diligence and pride, serving such an organization, and are among the active and avowed teachers and promoters of Baha’i agencies, and for the same reason have prepared various reports and have sent them to institutions outside the country; consequently, taking into account the foregoing, and in light of the commands and statements of an Imam – may the blessings of God’s paradise be upon him – issued on various occasions, from the beginning of the Islamic movement, and after the victory of the Islamic Revolution, regarding Baha’ism, such as:
  • In response to the question posed by the merchants of Qum he wrote in Isfand 1341 [February/March1962], “...the independence of the country and its economy is threatened by the hand of the Zionists, who have appeared in Iran in the form of the Baha'i Party.” (Sahief-i-Nur, volume I, page 34) and;
  • likewise, in response to the Religious Scholars of Yazd, in Ordibehesht of 1342 [1963] he wrote, “...those respected men must be aware that many of the sensitive positions are managed by this sect, whose members are in reality agents of Israel.” (Sahief-i-Nur, volume I, page 44);
  • and in response to a letter written by a group of people, in Mordad of 1356 [April/May 1977] he writes, “...for centuries they [the western powers] have been planning to destroy this bulwark by using various tricks, sometimes by placing vicious agents in positions of authority in Islamic countries, and at other times by inventing and promoting fake religions such as Babism, Baha’ism, and Vahhabism.” (Sahief-i-Nur, volume I, page 229);
  • and, furthermore, with reference to the fatwa of an Imam in volume II of Tahrirol-Vasileh, Question 2, it is stated, “...in their [Baha’is] case the privileges of the people of Dhimmi do not apply.” Thus, due to the religious laws and the theological codes, outlined above, the accused cannot be considered among the Kuffar-i-Dhimmi, and therefore, the court condemns them to death as Kuffar-i- Harbi.

 

The sentence, have been delivered in the presence of the accused and can be duly appealed before the Supreme Court, in accordance with the law permitting such appeals to be made.

The accused were summoned to court from the prison and the court decision was officially conveyed to them. In the event that the accused wish to appeal, the court decision must be forwarded to the Supreme Court within the legal period stipulated in Article 12 of the relevant law, and after the implementation of Note 3 of Article 13, of the same law.

 

30 Aban 1372 [21 November 1993]

Date of the delivery of the Judgment:     Tuesday 2 Azar 1372 [23 November 1993]

[Stamp of the Prison Warden]