[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Emblem]

The Judiciary of the Islamic Republic of Iran

 

In the Name of God!

 

Date of review: 5/11/71 [25 January 1992], Judgment Number: 1015 dated 5/11/71, File Number: 700-71-143

Investigation Authority: Branch 143 of the Criminal Court of Tehran, Number 1, presided over by Hojjatol-Islam Mohammadi

Plaintiffs:         1. Mr. Mansour Gulshani         2. Mr. Biyouk Gulshani

[redacted]

Defendant: Mr. Amir-Hossein Hatami, son of Einollah( address is given)

 

Procedural Synopsis: The aforementioned defendant is charged with involuntary manslaughter and is under investigation by the Department of Justice of Tehran.  He was charged on 26/8/71 [17 November 1991) and a sentence against him was requested. The file was forwarded to this Court and in a special session all pertinent information relating to the case was reviewed. Verbal statements from all parties involved were heard, and the final defence of the accused was presented. The Court issued its final judgment, and concluded the hearing. The Court delivered its final decision as follows:

 

Court Decision

 

The accused, Mr. Amir-Hossein Hatami, charged with the involuntary manslaughter of a member of the Baha’i religion, Mrs. RuhiyyehYar-Mohammadi, and with inflicting unintentional assault on Mr. Biyouk Gulshani (also a Baha’i). According to the confession offered by the accused, which is recorded on page 38 of the file, and according to the opinion of the expert in charge of investigations, the accident was caused by the negligence of the driver of the Nissan “Patrol” van, plate number 15926-LJS25, who failed to observe the driving rules and regulations. Therefore, for neglecting these rules and regulations, and according to Articles 149 and 152 of the Disciplinary Code, and Clause B, note 17, of the Country’s Economic Development Plans, the accused is liable to pay a sum of 10,000 tumans to the Government.

 

In regard to the involuntary manslaughter and the unintentional assault (inflicted by the accused), and considering that both the one killed and the one injured were Baha’is, according to Islamic law they will receive no compensation. Based on the decree of the late Imam [Khomeini] -- may God have mercy upon him, as recorded on page 559, section 31, of his book “Tahrirol-Vasileh”, and his statement that, except for the People of Dhimmí[1] followers of other religions, whether or not they have accepted the Covenant or have received the Message of Truth (Islam), will receive no compensation. Should any of the People of Dhimmí become infidels, they, too, will receive no compensation. Therefore, the issue of paying compensation for the woman killed and the man injured does not apply in this case.

 

Considering the above, therefore, the Court dismisses the case with respect to compensation, and the prosecution against the accused should be dropped. The office must, after registering and conveying this decision, send it to the Law Enforcement office.

 

Head of Branch number143 of the Penal Court of Tehran, Mohammadi

 

 

 

 

 

 

 

[1][Term referring to non-Muslims living in an Islamic state and who are granted legal protection.  Under Islamic law, the officially recognized religions are confined to Christianity, Judaism, and Zoroastrianism.]