[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

In the Name of God

[Emblem]

The Judiciary

The Court of Administrative Justice

Application

 

Under Number: -----

Existing Record at Branch: -----

Referred to Branch:  -----

Signature of the Head of the Court: -----

Number and Date of Registration: -----

 

Particulars of the Appellant:

Name and Surname: Anisa Fanaian

Father’s name: Soheil

Occupation: student

Residence: [redacted], Phone Number: [redacted], National code: [redacted]

Appellant’s lawyer:

Respondent: National Educational Assessment and Evaluation Organization

Subject of grievance and claim: Complaint regarding not receiving grades and [being given status of] incomplete file for the entrance exams of the year 1393/1394 [2014/2015].

Enclosures and documents: -----

Statement, Reasoning and Proofs: -----

 

“There is no attribute more meritorious than fairness, when judging in the Court of Divine Justice”

 

Honourable Head of the Court of Administrative Justice

Greetings,

Respectfully, I would like to inform you that when I received my diploma in mathematics and physics, I participated in the national university entrance exams of 1393/1394 [2014/2015] along with my other friends. Unfortunately, I did not receive my results and was told it was due to my “incomplete file”.

Despite my repeated visits to the Assessment Organization, unfortunately, I did not receive any response from the relevant authorities; therefore, I have decided to present the following information to you:

As you are aware, while the third Principle of the Constitution of the Islamic Republic states that the government of Iran is obliged to “provide free education and physical training for everyone at all levels, and the facilitation and expansion of higher education”, 37 years after the establishment of the Islamic Republic in Iran, the Baha’i religious minority is deprived of this right. This is while the right to education for all human beings, without any discrimination, is explicitly guaranteed in international treaties, including those to which Iran is a signatory. For example, the Universal Declaration of Human Rights; the International Covenant on Economic, Social, and Cultural Rights; the United Nations Educational, Scientific and Cultural Organization; the Convention on Eradication of Educational Discrimination; and the Constitution of the Islamic Republic of Iran [have all] guaranteed them. The International Covenant on Civil and Political Rights and the International Convention on the Elimination of Racial Discrimination, in turn, also protect the individual’s freedom of opinion, expression, association and assembly, and forbid any action of discrimination against individuals on the grounds of race, gender, religion and beliefs, ethnicity, political beliefs or other beliefs. The International Covenant on Civil and Political Rights also upholds the rights of minorities to their culture, to share with others and to benefit from their own culture, to practice their own religion and use their own language.

According to the esteemed president, Mr. Rowhani said in his election campaign that he would respect human rights and the rights of all citizens, and I quote, “All people of Iran must feel justice. Justice means equal opportunity. All ethnicities, all religions, even the religious minorities, must feel justice. Long live civil rights.”

Moreover, in 1999 the General Comment number 13 of the International Covenant on Economic, Social and Cultural Rights, in defining scientific freedom, states:

“It is the choice of individuals to freely express their views about institutions or organizations in which they work, to perform their duties without discrimination or fear of repression by the government or other agents, to participate in their chosen scientific or professional institutions, and to benefit from all internationally recognized human rights that apply to others in the same field, without restrictions on official ideology, freedom of teaching and debate; freedom to conduct research and publicize results; freedom of expression of opinion; freedom from institutional censorship; and freedom to participate in specialized, elective institutions … without any discrimination and without fear of repression by the government or other authorities.”

In view of the above, and quoting the words of Imam Ali, who says, “Never say ‘I am only a messenger and therefore must be excused’. Never say, ‘It was ordered and I must blindly obey’; and never covet and expect me to obey you blindly, either.”

It is quite clear that one of the duties of the government officials is to adhere to the Constitution and implement international treaties that protect human beings in the community, and since I am an Iranian citizen who is aware of the reciprocal rights and responsibilities of the government and people; therefore, I ask you, the esteemed authority, considering that education, growth and development and generally the opportunity to achieve excellence, are among the most valuable human rights, to address my problem as soon as possible so that I may continue my higher education like  my other friends. I hope that your orders will be a way for me to serve better and more effectively in my beloved homeland, and, as in the past, to be an effective element of excellence for my society. Since the name of that esteemed Court is adorned with the beautiful word of Justice, please consider my plea justly and in accordance with the Constitution of the Islamic Republic, and issue a just order.

Thank you in advance for your fair review and prompt response.

With thanks and best regards.

Anisa Fanaian