[PROVISIONAL TRANSLATION FROM PERSIAN]
[Translator’s notes appear in square brackets]
[Personal information has been redacted.]
In the Name of God
Date: 8 Tir 1395 [28 June 2016]
Honourable President of Branch 10 of the Appeal Court of Administrative Justice
Subject: Application of Article 98 of the Court of Administrative Justice in accordance with paragraphs A and D of the same Article, requesting a retrial in relation to the judgment rendered, court number 9509970956000079 of Branch 10 of the Court of Administrative Justice, dated 16 Farvardin 1395 [4 April 2016], which was sent to me, Payam Vali, by mail on 12 July 2016 and the Court of Administrative Justice will be notified within fewer than 20 days, dated 8 Tir 1395 [28 June 2016], for consideration in accordance with the above article.
Enclosures: 12 enclosures in 16 pages
Greetings and best regards,
I, Payam Vali, am an Iranian Baha’i citizen. About eight years ago, my place of guild and livelihood was sealed, despite my having an optician’s trade licence from the relevant union and a technical spectacle-making certificate issued by the Ministry of Labour and Social Affairs. I have sent these documents to you many times, and so far, no law has annulled these documents; therefore, they were and are valid. Unfortunately, my business was sealed, due to religious prejudices and for illegal reasons, by some officials. With a programmed plan, they concealed the real motive behind the closure, which is religious discrimination, and claimed that the reason for closure was my not having a licence from the Department of Health. In this way, they believe that by creating a process of gradual and severe mental and psychological erosion, causing the Baha’i citizens to face various economic problems, and through their constant economic and psychological problems, they can force me and my family to leave our homeland.
Unfortunately, about eight years ago, at the very beginning of the sealing of the businesses of four Baha’i citizens in Nazarabad, we were being told by some noble Muslims in Nazarabad and some city officials that the plan to seal the business premises of Baha’i citizens had been started systematically in order to create economic pressure, and the first city in the plan was Nazarabad. Gradually, and over several years, it has been continuing under various pretexts in other cities of Iran. If we have an overview during the last eight years, after the closure of the shops of four Baha’i citizens in Nazarabad, all the business premises of Baha’i citizens of Semnan and then Hamadan, then Kermanshah, and in a later stage the northern cities of the country and other cities, systematically and gradually, with ridiculous excuses, have been sealed during these eight years, and this process of discrimination, unfortunately, continues, which of course, has not been and will not be far from the eyes of a large number of honest and conscientious people of Iran, some fair officials, and also of the world.
I have been pursuing my lost rights through legal channels for about eight years, during which I have received various rulings from the courts, the Court of Administrative Justice and the Court of Administrative Justice Board. Unfortunately, after eight years of trying through legal channels, some officials still insist on their resentment and hatred towards a group of Iranian (Baha’i) citizens and have used and continue to use any psychological, emotional and economic pressure against Baha’i citizens. It is noteworthy that, in order to prevent the continued realization of the lost rights, during these eight years, my family and I have been attacked many times by the perpetrators of this discrimination, and by making false accusations, they have tried to convict me and my family. With these cruel acts, they try to hide the truth from the people and the officials, and I ask whether, after all these years of continuous efforts through legal channels to achieve the most basic citizenship rights for myself and my family from the authorities, there will remain any other way but the realization of the right through the international legal channels. Of course, as you know, when such religious discrimination in Iran ends, the other Baha’i citizens and I will enjoy social and civil rights equal to those of other citizens and there will be no reason to continue the process of realization of rights in national and international legal bodies.
About the equal social rights of the people, Imam Ali says to Muslims in Nahj al-Balagha, “If people are Muslims, they are brothers with you in religion, and if they are not Muslims, they are equal to you in creation.”
Now, considering the above petitions and the fact that, according to my petition, in both the lawsuits of Branch 3 [of the Court of Administrative Justice] and Branch 10 of the Appeal Court of Administrative Justice, where I had repeatedly mentioned, with the introduction of Ms. Negin Amir-Shekari, the technical manager (optometrist), in order to obtain a licence from the Department of Health, a copy of her request has been sent many times and will be sent, and this action of introducing the technical manager is according to the judgment number 177176175, dated 11 Mordad 1389 [2 August 2010] of the Court of Administrative Justice Board, which states that for obtaining having a licence to manufacture and sell medical glasses, it requires a work permit from the Ministry of Health. Unfortunately, the Department of Health did not heed the request of the introduced optometrist, Ms. Negin Amir-Shekari, to obtain a work permit, and the failure of the Department of Health to respond to this request after the decision of the Justice Board of the Court of Administrative Justice caused the sealing of my business premises again and the decision issued in Branch 10 of the Appeal Court of Administrative Justice according to paragraph A and D of Article 98 of the Court of Administrative Justice was flawed. I request a rehearing in accordance with Article 98 of the Court of Administrative Justice.
Very important: Unfortunately, in the decision of Branch 10 of the Appeal Court of Administrative Justice, no attention was paid to the optometrist’s request to the Department of Health. In the judgment of Branch 10 of the Appeal Court of Administrative Justice, the documents sent by me have been completely ignored, and the verdict has been issued as if I had applied for a work permit to the Department of Health, while the optometrist has submitted this request to the Department of Health of the City of Nazarabad, and not me, and I mentioned this in the statement of defence.
Due to the disregard of the esteemed judges in Branch 10 of the Appeal Court, for the main reasons presented in my petition, the optometrist’s application was for obtaining a work permit from the Department of Health, and the Department of Health failed in its duties, which led to irreparable damage to me. It seems that the judgement rendered in Branch 10 of the Appeal Court of Administrative Justice was a gross violation. Based on this clear claim, according to paragraphs A and D of Article 98 of the Court of Administrative Justice, I request a de novo hearing and a retrial. I hope that the esteemed officials and judges this time, without prejudice towards religious minorities in our dear Iran, will fairly consider this petition.
I want a rehearing and hope that the esteemed officials and judges will consider this petition with fairness and without prejudice.
Due to the urgency in your affairs for processing this petition, a copy of it was sent to the Article 90 Committee of the Islamic Consultative Assembly and the following administrative institutions as usual.
With much appreciation,
8 Tir 1395 [28 June 2016]
1- Honourable President of the Islamic Republic of Iran
2- Honourable Guardian Council
3- Honourable Assembly of Experts
4- Honourable Expediency Discernment Council
5- Honourable Islamic Consultative Assembly of the Country
6- Honourable Prosecutor General of the Country
7- Honourable Ministry of Interior
8- Honourable Minister of Justice
9- Supreme Court
10- State Inspection Organization of the Country
11- Islamic Human Rights Office - Tehran
12- Director General of the Justice Administration of the Province of Alborz
13- Public Prosecutor and Public and Revolutionary Courts of Alborz Province
14- The Office of the Provincial Governor General of Alborz
15- Honourable representatives of the Islamic Consultative Assembly of Karaj
16- National Organization of Trade Unions
17 Association for Union of Alborz Province
Enclosure: presented in 16 sheets
1- Decision of Branch 3 of the Administrative Court of Justice, dated 7 Khordad 1393 [28 May 2014]
2- Decision of Branch10 of the Administrative Court of Justice, dated 16 Farvardin 1395 [4 April 2016]
3- Decision of the Court of Administrative Justice Board, dated 11 Mordad 1389 [2 August 2010]
4- Decision of Branch 6 of the Court of Administrative Justice, dated 7 Mehr 1388 [29 September 2009]
5- Second application form of optometrist Ms. Negin Amir-Shekari to obtain a work permit from the Department of Health and the technical manager following letter number 4889, dated 9 Bahman 1389 [29 January 2011] registered in the Department of Health of Nazarabad City
6- Licence of optometrist Nazarabad Medical Council
7- Optometrist’s sworn affidavit
8- Writ of non-prosecution from Nazarabad Public Prosecutor’s Office of the Court of First Instance, dated 17 Bahman 1389 [6 February 2011]
9- Citation of local witness, dated 22 Khordad 1390 [12 June 2011]
10- Response letter of the Article 90 Committee of the Islamic Consultative Assembly, dated 17 Khordad 1390 [7 June 2011]
11- Temporary and permanent business licence for making glasses since 1381 [2002/2003]
12- Technical certificate of spectacle making, issued in the year 1380 [2001/2002]