[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

Date: 15/4/1363 [6 July 1984]

Number: 1/6929/12

Enclosure:_______

 

[Emblem]

The Supreme Judicial Council

Judiciary of the Islamic Republic of Iran

 

In the Name of God,

Head of Branch 13 of Penal Court 1, Shiraz

 

With reference to [letter] number 1377, 7/4/1363 [28 June 1984], given that Hosein Moghimi, son of Mohammad, and Rouhollah Akhlaghi, son of Hossein, were accused of Muharabah[1] and spreading corruption on earth and were prosecuted by the Islamic Revolutionary Prosecutor’s Office and the Islamic Revolutionary Court of Shiraz, and in view of the fact that the decision of the lower court that they be executed and their properties confiscated was not upheld by the Supreme Court, [the Court] should have acted in accordance with Section 4 of Directive number 1/32445-10/11/1360 [30 January 1982] of the Supreme Judicial Council, and particularly there was no reason for [the Supreme Court] to comment on the jurisdiction of the Islamic Revolutionary Court or to send the files back to the lower Court and considers [membership in] Baha’ism as not being a crime and has referred to its sectarian activities, in its decision number 1/3264, 24/3/1362 [14 June 1983].
 

Section 4 of said directive states as follows: (4- Concerning the views of the lower courts regarding execution [of individuals] and confiscation of properties or other reasons whereby a file is referred to the Supreme Court:  where the decision is upheld by the Supreme Court, the lower court shall subsequently issue a decision [that accords with the decision of the Supreme Court] and the decision shall be enforced; and where the Supreme Court overturns the decision of the lower court, in the event that the lower court agrees with the ruling of the Supreme Court based on its own reasoning, it shall make an alternative decision thereafter, and enforce it accordingly. However, in the event that the lower court is not satisfied with the decision of the Supreme Court, it must forward the file, along with its reasons for disagreement with the Supreme Court’s decision, to the Supreme Judicial Council for [its review], and referral [by the Supreme Judicial Council] to the court of its discretion.)

 

On behalf of the Supreme Judicial Council – Aboulfazl Mirmohammadi

[signature]

24/4/1363 [15 July 1984]

[official stamp with number and date]

 

Entry [illegible] Penal Court 1

Number 1985, dated 7/5/1363 [29 July 1984]

[Handwritten note number at the bottom of the page]

2/10 and 63 – 2/12

 

 

[1][In Islamic law, the crime of Muḥárabah is taking up arms against Islamic government or Islamic laws.  An individual who commits the crime is a Muḥárib.]