[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Emblem]

Judiciary of Mazandaran Province

“Do not follow (your) base desires, lest you deviate.”

Branch 104 of Lower Criminal Court of Qaemshahr (previously 104 Criminal)

Court Order

 

Court Order Number: 9809971231201389 

Date of Issuance: 9 Azar 1398 [30 November 2019]

File Number: 9709981233100891

Branch Archival Reference: 971010

 

Case Reference 9709981233100891, Branch 104 of Lower Criminal Court of Qaemshahr (previously 104 Criminal)

Final Decision Number 9809971231201389

 

Accused: 1- Ms. Hengameh Ahmadzadeh, daughter of Zohour; address [redacted]; 2- Mr. Ali Ahmadi, son of Yousef-Ali; represented by Ms. Khadijeh Karimi, daughter of Ramazan; address [redacted]

Charges: Propaganda against the regime

Court Decision:

Regarding indictment number 603 – 31 Ordibehesht 1398 [21 May 2019] of Qaemshahr Prosecutor against 1- Ms. Hengameh Ahmadzadeh, daughter of Zohour, released on bail for propaganda against the regime; 2- Mr. Ali Ahmadi, son of Yousef-Ali, released on bail, represented by Ms. Khadijeh Karimi regarding propaganda against the regime and forming and managing the Baha’i sect’s administration:

Firstly, the Supreme Court Branch, in resolving the dispute between the Public Court and the Revolutionary Court, in an unusual move, did not consider the crimes under Chapter One of Book Five of the Islamic Penal Code (Ta’zirat[1] section) under the title of crimes against internal and external security, and has approved the Public Court’s jurisdiction; therefore, this court entered into the case as a matter of legal requirement.

Secondly, considering the content of the file, reports of the Intelligence Office, and extensive investigation by the Intelligence Office, the Prosecutor’s Office, and documents discovered at the home of the defendants, as well as extraction of messages sent by the defendants in cyberspace confirming their secret activities in propaganda and recruitment of Muslim individuals to the perverse Baha’i sect; and according to the films discovered at the defendants’ home which are prepared against the regime, to show images of Baha’is being oppressed; and other documents discovered, including educational pamphlets―examples of which are reflected in the file and show the secret methods used in one-on-one teaching in the form of educational classes for children and pre-youth―or organizing prayer meetings for easy and reasonable access to families for the Baha’i sect’s propaganda, and even how to plan for Baha’i meetings with an individual who has recently converted to Baha’ism and show planned propaganda, and other evidence in the file; the denial of the accused and their lawyer’s primary defence is that the defendants have accepted citizenship of the Islamic Republic and are obedient to its laws.

The argument that propagating Baha’ism is not considered a crime, but that they are being convicted for being Baha’is, is baseless. Firstly, the Constitution does not recognize the perverse Baha’i sect and other perverse sects and their propagation is not permissible, and to act in this way, contrary to the defence [statements] of their lawyer, is not to follow the laws of the country. Secondly, despite the fact that Baha’ism is a perverse sect, many Baha’is live in Iran and the regime protects them and has no judicial issues with them; in many cases, judicial rulings have been issued in their favour. Examples of that have been issued by this Court, too. Thirdly, the problem is that, considering the documents discovered, the accused have carried out propaganda activities in various guises for this sect, and propagating the perverse sect disturbs the security of the society and the Islamic regime, and deviates Muslims; whereas no one with common sense will allow the growth of corruption in any society.

The majority of the population are Muslims or followers of one of the official religions, and poisonous propaganda will cause disturbance of religious peace and intellectual security. It is the duty of the regime to provide security for its people; therefore, considering the fact that accused number two [Mr. Ali Ahmadi] was the source of some of the activities and was active and in contact with some active units working against the regime abroad, and their widespread propaganda is obvious and his misdemeanour is proven, according to Articles 19 and 134 of the Islamic Penal Code and Articles 498 and 500 of the same Act, Ms. Hengameh Ahmadzadeh is sentenced to six months of sixth degree imprisonment for propaganda against the regime, and Mr. Ali Ahmadi, considering his repeated criminal activities, is sentenced to one year of imprisonment for propaganda against the regime and to ten years’ fourth degree imprisonment for forming and managing Baha’i organizations.

This decision can be appealed in person within 20 days of notification in Sari Appeal [Court].

Amin al-Din Faghihian - Head of Branch 104 of Criminal [Court] 2 of Qaemshahr

 

 

[1] [Ta’zirat:  Discretionary and preventive punishments]