[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

In the Name of God

 

Name: ----, Surname: -----, Father’s Name: ----, Detention Officer: ----, Resolution Number: -----

Accusation: -----

 

Respectfully, I, Dr. Sina Hakiman, refer to my recent five years of living in a state of oblivion and deprivation, and submit herewith:

 

Your Honour, according to our correspondence from the fall of 1359 [1980] through the summer of 1362 [1983], you have been aware of my difficulties as an individual Baha’i. Unfortunately, after my arrest, and consequent to my sentencing by the Revolutionary Prosecutor’s Office of Tehran, the possibility of any kind of written communication was lost. Therefore, in order to complete the previous file, I write to bring to your attention whatever is my point of view and description of whatever could be necessary within the past two-and-a-half years. My aim, after informing you about the issues, is for Your Honour to strive to remove every kind of injustice against an individual Baha’i, so that he can also enjoy his human rights, according to the Constitution and divine decrees, just like any other Iranian.

 

Your Honour knows well that one of the important pillars of strengthening any social order is pleading for justice and redressing injustice. To achieve this, in the first place, is the responsibility of each and every one of the government officers. Due to the important contents of the letter dated 29 Azar 1362 [20 December 1983], a copy of it is enclosed here. A copy of this letter has been sent to some of the Justice authorities. Unfortunately, it is not known whether any action has been taken or even whether my letter has been received by them. What I am writing in continuation is twofold. 

 

First Part: Description of the stated objections to the mode of legal procedure and Court decision number 62/M/31435, dated Wednesday 18 Aban 1362 [9 November 1983], of the Court Branch 9 of the Public Prosecutor’s Office of the Islamic Republic of Tehran, regarding ten (10) years of imprisonment, and also to serving as a physician accused of “reporting lies, slander and calumny against the Islamic Republic of Iran, and as member of the Baha’i sect.”

 

Second Part: Partial description of psychological and physical tortures that I have endured during my two terms of imprisonment, undertaken with the aim of breaking the reputation [honour] of my belief, comprising my faith in the truth of the Baha’i Faith. This has taken place against the divine standards, human rights, and the national Constitution, as well as the statements and opinions of the honourable leaders of the Islamic Republic of Iran. In order to clarify the life condition of a Baha’i prisoner within the last year, that the situations of the prisons might be improved, I mention just three events as examples.

 

Of course, in some cases, sending such a letter is dangerous, yet I am hoping for divine benevolence and I wholly submit to the will of God, trusting in Him, pleading at His threshold [for Him] to assist the esteemed leaders of our beloved country to seek a way of eliminating injustice and becoming the cause of exaltation and honour, both in this world and the next.

 

  1. Contrary to the provisions of Article 32 of the Constitution, I was called to the court while I was not aware of the contents of my indictment; therefore, I lacked the presence of mind and enough time to prepare to defend myself. 
  2. Contrary to the provisions of Article 35 of the national Constitution, I was deprived of having a lawyer.
  3. [Regarding] the accusation of “Reporting lies, slander and calumny against the Islamic Republic of Iran”, according to the [principle that] “the proof is with the accuser”, no evidence or documentation has been [provided by the prosecutor] to prove [my guilt], contrary to the provisions of Article 166 of the Constitution, and I became condemned contrary to the provisions of Article 37 of the Constitution, which states that the accused is not guilty until it is proven otherwise. This condemnation, from a legal standard, is wrong, and according to the different interpretations to come at continuation, is devoid of any foundation.

 

Reasons for its possible following schemes is that such an unfounded accusation is hard on the Baha’i individual, time and again, while he is being interrogated by the revolutionary public prosecutor. Also, such doubts have penetrated the minds of some groups of the society. Although I might not remember fully some instances mentioned in my indictment—due to lack of order of the indictment—some of them are probably mentioned in numbers 4, 5, 6, 7, and 8 of this letter; otherwise, they were not important.

  1. If [by the phrase] the phrase, “reporting of lies” in the court decision is [meant] “sending reports abroad and espionage” it is rejected as per the following justifications:
  1. The existence of foreign command is not been proven.
  2. There is no proof of any mission in my case.
  3. There has not been any relationship [of authority] between the reporter and the recipient.
  4. News should be [maintained within] the government’s confidential documents, not accessible to the public, which has not been the case. I have never had any access to such confidential documents.
  5. There has not been the slightest malice in me, regarding the sovereign government. Having in mind my kindness, truthfulness, sincerity, service and welfare regarding the government, the beloved Iranians, obedience to the law and the sovereign government, non-participation in politics both within and without, which is part of my belief, my correspondence and my behaviour, all are witness [to the fact] that such accusations are and have been baseless.
  1. If the [understanding] of [the term] “report of lies” [refers to a] report to a domestic authority, due to the non-existence and [lack of] proof of such a mission and relationship [of authority] between the two sides, this reason is also rejected. At the same time, any report should be within the limits of the duties given to the agent, and should be according to the capacity of the individual and not to [that of] the government. If the report is incorrect, it should have proofs and documents to be proven in a competent court, as per Article 166 of the Constitution. None of the necessary [evidence] to prove the accusation of “report of lies” against me exist. 
  2. If the meaning of “report of lies” is “dissemination of lies”, this too, according to the following reasons, is rejected:
  1. As was mentioned previously, there is no element of malice within me.
  2. Dissemination of lies should become the cause of agitation and anxiety in the minds of people.
  3. The falsehood of whatever has been disseminated should be proven. 

 

The above-mentioned points not only have not been proven; they do not even exist. I claim to be truthful and honest in whatever I have said and written; these [accusations] have destroyed my human rights because of suspension of my activities for about five years, by the respected constituents of the regime of the Islamic Republic of Iran. Fortunately, during these past two years, up to a certain point, in three (3) instances, matters related to the Baha’i administration—being fully religious in character—and the medical pledge of my wife and of myself, and also in a very inadequate way the Baha’i marriage, have been cleared, yet, my uncertain situation as a Baha’i individual in six out of a total of nine (9) issues [deprivations of rights] mentioned in my letter of 29 Azar 1362 [20 December 1983] are still fully standing. These are:

  1. [Right to] depart from Iran
  2. [Right to] study at university
  3. [Right to] study  and [have] access to books and works of the Baha’i Faith
  4. [Inability to ] obtain admission from foreign universities because of limitations imposed on me regarding my belief
  5. Charges of espionage against the Baha’i [Faith]
  6. [Inability to ]travel to Israel for pilgrimage to visit the Baha’i holy places

 

I need to mention that so far there has not been any consideration regarding the damages from my lost rights because of uncertain status regarding the above matters.

 

  1. The accusation of “calumny and slander against the Islamic Republic of Iran” is rejected according to the following [points]:
  1. Calumny and slander can only be directed against a person and not against a government [an institution].
  2. The slanderer should be prosecuted.
  3. The innocence of the slandered should be proved.
  4. Slandering should be verbal and without preamble.
  5. The element of malice in the slanderer should be proved.

None of the mentioned [requirements] have been present, and according to Article 166 of the Constitution, these have not been proved.

 

  1. If, by the allegation of “calumny and slander against the Islamic Republic of Iran” in my sentence, is meant “insult”, this also, according to the following reasons is rejected:
  1. The insult should be directed towards a government [person of] authority. If the intention is the government, there should be somebody in mind, a special individual from the respected authorities of the government.
  2. The insult should be verbally spoken and without any preamble.
  3. The insult should be [expressed] during the performance of the duty of the government officer or government individual and according to his legal and administrative occupation.
  4. In the insulting words, usage should be from those kinds of terminologies that, if pronounced in other instances, would [indicate] the true meaning of the word. Therefore it is necessary for the insulting term to be clear.
  5. Such an action should be done with malevolence.

 

None of the mentioned occasions have been, and will not be possible to be, proven. My regard and respect for the government authorities, in my speech, my correspondence and in my behaviour, have proved this fact.

 

  1. The accusation of “member of the Baha’i sect” cannot be reason for my condemnation, because:
  1. It contradicts Article 23 of the Constitution, where it indicates that “inspection of ideologies is prohibited and it is not possible to prosecute someone only because of his ideas”.
  2. If by the wording, “member of the Baha’i sect” is meant membership in the Baha’i institutions, as you are well aware, my membership in the Baha’i institutions—which are only religious institutions—[did not exist after] the official announcement of the decree of the respected officials of the government on 8 Shahrivar 1362 [30 August 1983] was pronounced referring to the unconstitutionality of this organization, [when,] after the announcement of such a view, in obedience to the government, the organization self-proclaimed its dissolution. It is obvious that any decree or order, according to Article 169 of the Constitution, cannot be made retroactively. Therefore, no guilt could be imagined in my case.

 

  1.   According to Article 166 of the Constitution, the principle of the decision for ten (10) years of imprisonment for working as a physician in prison is not clear. Therefore, it is requested that the reasons for issuing such an order be indicated, and also please state the reason for not handing me a copy of the decision.
  2.   Finally, considering Article 37 of the Constitution, based on “presumption of innocence” (principle of innocence), the [requirement that] “the proof [of guilt] is with the accuser” and Article 23 of the Constitution, based on freedom of belief and “prohibition of investigation”, is a clear, inclusive and absolute [principle]. Article 169 of the Constitution [states] that law cannot be made retroactively, and Article 166 of the Constitution [states] that the decisions issued by the courts should be supported by documents and reason; therefore, I request an investigation and [a] decision about my innocence, as well as compensation for the loss of my rights, only because of application of justice, according to Articles 1, 2, 3, 61 and 156 of the Constitution.

 

Second Part: A description of the harassment and mental and physical torture which I endured during the period of imprisonment with the intention to destroy my personality, which includes my faith in the legitimacy of the Baha’i Faith, [and which] took place contrary to principles of divine laws, human rights, the constitution and statements of opinion of the authorities of the Islamic Republic of Iran.  In order to describe the life of a Baha’i prisoner, whose life has improved for the last year, I explain the details of three events:

 

[Some pages are missing]

 

[Incomplete sentence] In “an untruthful report and slander against the Islamic Republic of Iran” has come? Why, despite the principles of the holy religion of Islam, the constitution of the Islamic Republic of Iran and the opinions of the esteemed authorities of the country [that] an accused Baha’i should not be found guilty only because of his belief, [should] your honour have found my crime [to be] “membership of the Baha’i sect”, together with other accusations? Is there any existing law that every registered Baha’i individual who is member of the Baha’i community should be arrested and imprisoned?

 

During my imprisonment in [cell] number 9 of the solitary confinement [section] of the Qasr Prison, I asked to be permitted to send copies of my two previous letters, just for information and action, to other esteemed authorities of the country. Unfortunately, I did not receive any answer, and a few days later, on Wednesday 16 Shahrivar 1362 [7 September 1983], I was transferred to the Evin Prison. I am again requesting, if possible, only for the sake of information and action, to send this letter to the revered judicial, executive and legislative authorities. May the cooperation of Your Honour with them eliminate my oblivious condition.

 

Considering the nine matters mentioned here, I anticipate your collaboration with the esteemed governmental authorities to find a solution for justice to prevail and be applied, because this designation of duty not only would assure my individual and social rights, but any kind of action towards the establishment of justice would be the cause of eminence and honour of the valued leaders of the Islamic Republic of Iran before God and before His creation.

 

Finally, I pray to the threshold of the Almighty and plead for divine assistance [confirmation] and success, hoping you will look with grace and affection on whatever is written here, and take relevant action. It may be that my circumstances are clear, and if it is advisable, [you will] review the issued decision and [instead] declare my innocence so that my blemished rights are returned.

 

I thank you in advance,

 

Dr. Sina Hakiman

 

[Copy 1:] For the information and action of His Honour Ayatollah Mousavi-Tabrizi, esteemed prosecutor general of the Revolution

[Copy 2:] For the information and action of His Honour Ayatollah Gilani, revered Sharia judge of the Islamic Revolutionary Religious Courts.

[Copy 3:] For the information and action of the honoured Mr. Lajavardi, respected public prosecutor of the headquarters of the Islamic Revolutionary [Government].

[Copy 4:] For the information and action of Mr. Eshraghi, esteemed deputy public prosecutor of the Islamic Republic of Iran (Ghoddusi Crossroads).

[Copy 5:] For the information and action of Mr. Mesbah, esteemed interrogator of Section 42 of the [Office of the] Public Prosecutor of the Islamic Republic of Iran (Ghoddusi Crossroads)

 

Fingerprint/signature of the above prisoner is accordingly correct, officer in charge/ inside officer of the Detention Centre – observed

Head of the Prison

Manager of the Prison – To be sent off