[PROVISIONAL TRANSLATION FROM PERSIAN]
[Translator’s notes appear in square brackets]
[Personal information has been redacted.]
10 Bahman 1363 [30 January 1985]
Mr. Seyyed Jafar Karimi, head of the Disciplinary Court of Sharia Judges, with greetings, respect and wishes for your success in serving Sharia, the law and the public, in response and reference to your letter number 44/3601, dated 8 Bahman 1363 [28 January 1985], I convey the following.
The subject house has five apartment units, one of which is in the basement. They all have ownership deeds, and all are owned by me, my late husband and my three children, a total of five people.
The current prosecutor’s assistant has issued an order to the four tenants [residents] to deposit the rent into the account of the Public Prosecutor’s Office, and [ordered] the fifth person, who happens to be me, “with due attention to the text of the order which you observe ”, and according to several statements made by the [head] of the court, which was said once in the presence of the assistant prosecutor in question, to give the rent for the apartment, which is my own property, to the Public Prosecutor’s Office, or else evacuate it.
I have not yet paid any rent to the Office of the Public Prosecutor for my own property, nor has the Prosecutor’s Office given me an eviction notice. However, I have constantly asked and continue to ask for revocation of the unlawful and anti-religious order of the prosecutor’s assistant regarding my legally-owned apartment, lest they come to me one day and demand rent or eviction.
Regarding the others, my two sons are students and my daughter has been married since 1353 [1974 -1975] to an individual who is a citizen of Australia. She resides in Brazil, as her place of residence depends on her husband, and her apartment unit is actually owned by my son-in-law, since he paid for its construction and also paid for some of my children’s share. In addition, my late father gave me 260,000 tumans two years before his death, so that I would take care of him and my mother. That amount was spent on the building, and I am responsible for taking care of my disabled and elderly mother. Moreover, the house is mortgaged to the bank.
Mr. Seyyed Jafar Karimi, in reference to Imam Khomeini’s circular, dated 15 Shahrivar 1362 [6 September 1983]—which stipulates that, “In the case of houses and residential units, where the owner or owners are unable to manage their affairs with a manager due to reasons such as fleeing or settling abroad, if the owner has given the residential unit to close relatives or the tenant, it will still remain in the possession of the occupier, unless the Sharia judge finds them incompetent, in which case they will personally appoint a guardian”—who can be closer and better than a grieving and compassionate mother to protect her children’s property?
Citing the circular of Mr. Gilani in 1358 [1979-1980], and in reference to the Supreme Judiciary Council’s circular of 1360 [1981-1982] regarding the restitution of residential dwellings, automobile and home furniture, and citing the second judgment of the Sharia judge, Haj Mehdi Tabatabaie, dated 7 Mordad 1361 [29 July 1982] regarding the return of my belongings [including], rug, television set, radio, etc., I request the following:
- Revocation of five pages of unlawful, anti-religion orders of the Public Prosecutor’s Office regarding the confiscation and the deposit of the rent to the trust account of the Public Prosecutor’s Office;
- Issuance of an order for restitution of the rents received until the date of the execution of the judgment;
- Execution of the order of the Sharia judge, dated 7 Mordad 1361 [29 July 1982], a copy of which is at the Article 90 Committee and the National Investigation [Organization];
- Issuance of an order for restitution of all moveable properties, including automobile and items similar or comparable in value;
- Return of the will of my husband to me. So far, they have said a Baha’i does not have the right to write a will, but my husband has written a will, as I have had a dream about it and to some extent I even know its text in my mind.
Mr. Seyyed Jafar Karimi, (regarding the homes,) now that my children reside abroad for legitimate reasons and if, according to any legal order that I do not have knowledge of, the residence of my children—who reside abroad for legitimate purposes—will result in the confiscation of the income of their apartments, I request that according the rule of Sharia and law, you order the assistant prosecutor’s notification regarding the apartment owned by myself (the 4th floor) and the two-room apartment in the basement owned by my husband—who was executed by the order of the anti-corruption court and who was buried in Tehran—to be revoked, so that the income of this basement will accrue to me as his heir, and that I will not live in fear and anxiety in relation to my own apartment.
I ardently request to meet with you in person.
With greetings and respect,
10 Bahman 1363 [30 January 1985]