[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

In the Name of God

30 Mordad 73 [21 August 1994]

 

To the Honorable Public Prosecutor of the Islamic Revolution of Ahvaz,

 

Respectfully, as you are aware, in 1361 [1982-83] a court order was issued in absentia with respect to me, Dr. Sholeh Missaghi Dehaghani, to confiscate all my movable and immovable assets and properties, which included my residence in the City of Isfahan, which was to given to me as a dowry in 1360 [1981-82], a year before this court order was issued.

Now, I wish to make the following submission.  According to clearly stated civil and legal laws, a court order can be relied upon only when it has been issued as an enforceable and final judgment or has been issued in the presence of the individual, and the prescribed legal time limits [for appeal] have expired.  As I have explained in my complaint dated 23 Mordad 73 [14 August 1994], the court order could not be enforced because I was continuously present in Iran and continued to serve my fellow human beings, and the subject court order was issued in absentia without [my receiving] a summons to attend the court.  As far as I know, the Revolutionary Courts’ rulings are limited to a certain type of case. None of the clearly stated criteria are applicable to me, and a consequential court order for confiscation of property, which would normally be entered in accordance with a decision of the court for punishment of a crime, is not applicable and does not apply to me.

Dear esteemed and respected official [prosecutor], I have preferred to stay in Iran and serve my fellow humans, instead of leaving the country and being with my family.  As assigned by the government, I have treated patients in the most deprived parts of the country, and as a physician serving the esteemed government of the Islamic Republic of Iran, I never ask for utilities of comfort or place of residence, which are the undeniable rights of any individual who serves the country.  My only request is that the house that belongs to me, and has been in my possession for many years, remain in my possession.

As you know, the tradition of giving a gift to a girl on the occasion of marriage for the purpose of providing a dowry and a small capital for her is a well-known tradition of the country, and based on the rules and laws of the land, such a contract is credible.  As is evident from the text of the gift letter, my father could not attend my wedding due to illness, and he was also quite upset that he could not do anything for his only daughter.  Therefore, since, at that time, he was not able to travel and legally transfer the house to me, his only daughter, he gave me the house by way of “Declaration of Gift”, as dated 1360 [1981-82], and this house, in which I am currently residing, was his only property in Isfahan.  Obviously, and if needed, the authenticity of the “Declaration of Gift” can be verified through the investigation of an expert and verification of my father’s signature, which is available at notary public offices.  In addition, upon your request, I can also provide and present to you a copy of my certificate of marriage, which will demonstrate that I married before the issuance of the court’s confiscation order.

In conclusion, I ask God for your ever-increasing confirmation and success, and hope that you will issue an order to nullify the court’s order to confiscate my property, which was issued in absentia, and that the only house I own and have been residing in for many years remains in my possession.

 

Respectfully,

Dr. Sholeh Missaghi Dehaghani