[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Emblem]

Judiciary, Islamic Republic of Iran

 

Date: 12/9/1369 (3 December 1990)

File #: 226/69

Judgment [number]: 900

 

Court:  Branch 4 of 2nd Civil Court, Qazvin.

Judge:  Mr. Mir-Saeidi

 

Plaintiff:  Mr. Nadir Bahrami-Payih, son of Hujjatollah, resident of Qazvin [address is provided].

Defendant:  Shahr-e Sanati Alburz Company

Statement of Claim:  To perform undertaking under the terms of contract

 

Procedural synopsis:  After receiving and registering the summons and statement of claim, which was referred to Branch 4, and having carried out the required legal procedures, the Court session was held on 5/9/1369 (26 November 1990) with the undersigned presiding.  After reviewing all records on file, the following judgment was delivered.

 

Decision of the Court:

 

Mr. Nadir Bahrami-Payih, son of Hujjatollah, has prepared and presented a statement of claim to the defendant, Shahr-e Sanati Alburz Company, asking that the defendant comply with the terms of their undertaking under registered contract number 3000-22/4/68 [13 July 89] which comprises eight pages and 19 paragraphs, a certified copy of which is attached to the Statement of Claim and included in the Case File.

 

The plaintiff has claimed that the sole reason that the defendant did not carry out the terms of its undertaking is because he (the plaintiff) is a member of Baha’i sect.  The plaintiff has paid all the necessary funds according to the aforementioned terms of the contract and the defendant is, in turn, obliged to fulfil his commitments, such as obtaining a building permit from the municipality with inclusion of connection to the city water and sewerage system. The defendant’s statement of defence, which was registered in this Branch under number 2310-5/9/69 [26 November 1990], admits to the authenticity of the contract referred to by the plaintiff and states that the only reason the company has not honoured the contract is that the plaintiff is a Baha'i.  This explanation does not comply with any of the established laws of the Islamic Republic of Iran for the following reasons:

 

Firstly, according to Article 22 of the Constitution of the Islamic Republic of Iran, no one can be interfered with solely because of his or her beliefs.  Secondly, the Islamic Republic [of Iran] has, within its jurisdiction, acted--and continues to act--in accordance with this paragraph of the Constitution, both from a spiritual and a material point of view, and it is clear and evident that the members of this sect who commit a crime, will be dealt with according to legal rules and regulations, and the other members can continue freely and without any obstacles to engage in their usual business anywhere in the Islamic Republic of Iran, and to continue with their business dealings, financial transactions, agricultural, and industrial endeavours, and they are under the protection of the government and Islamic law and no one in the community can harass them.

 

Thirdly, in support of the foregoing, a recent circular letter issued by the government regarding this matter, it has confirmed and underscored the [the fact that the] Baha’is are granted the same civil and legal rights as all citizens.  Therefore, to deprive the plaintiff of his civil rights is a violation of the Constitution and of the policy of the Islamic Republic of Iran.  Thus, supported by and based on the above statements and on Articles 219 and 220 of the law, the judgment is delivered against the defendant and in favour of the plaintiff. The defendant is obliged to perform its undertaking under the terms of contract umber 3000-27/4/68 and thereby discharge it obligation toward the plaintiff.  This ruling was delivered in the court session.

 

Signed: Mr. Mir-Saeidi

Judge at the Branch 4 of the 2nd Civil Court in Qazvin