[PROVISIONAL TRANSLATION FROM PERSIAN]
[Translator’s notes appear in square brackets]
[Personal information has been redacted.]
Central Islamic Revolutionary Court
Islamic Republic of Iran
Central Office of the Islamic Revolutionary Prosecutor General
In the Name of God
On 1 Shahrivar 1362 [23 August 1983], Branch 12 of the Central Islamic Revolutionary Court held a special meeting pursuant to case number 1/7859, dated 28 Ordibehesht 1362 [18 May 1983] referred by the esteemed Supreme Judicial Council.
Proceedings: Branch 3 of the Central Islamic Revolutionary Court, based on judgement number 2094/H/60, dated 18 Farvardin 1361 [7 April 1982], issued an order for the confiscation of all of the shares of the Hablin Corporation owned by the defendant, Sirous Mehrazar, son of Ali, and 75% of the shares of the aforementioned company owned by Abdol-Shoghi Tebyani, son of Cheragh-Ali, owing to the fact that both of the defendants are among the leaders and activists of the perverse Baha’i sect, and have acted extensively to promote the goals of this cursed sect. [Once the select committee of this Council had sent the file] to the Supreme Judicial Council for review, the file was investigated by this respected body. As stated in opinion number ‘A/61/2496, dated 15 Mehr 1361 [7 October 1982], they have issued an opinion to reject the confiscation order owing to the fact that the defendants are “koffar-e harbi” [An infidel who is at war with Muslims] and “mosta’man” [non-Muslims who have entered the Islamic land and have security and safety]. Finally, based on the request from the Branch that issued the order, the file was sent to this Branch, as explained in the contents under the aforementioned number. As indicated above, the case file was reviewed on 1 Shahrivar 1362 [23 August 1983]. Upon the review of documents in the case file and the decision of the Court and the opinion of the select committee of the Supreme Judicial Council, its opinion is being issued as follows.
Decision of the Court
Based on the opinion mentioned above, the respected select committee of the Supreme Judicial Council has unequivocally established that the defendants are Baha’is and has implicitly certified that the aforementioned individuals are among the key agents and leaders of the perverse Baha’i sect. However, given that they are koffar-e harbi and mosta’man, the committee has not agreed with the confiscation of their shares in the aforementioned corporation. They add that, owing to the fact that the debts of the defendants exceed their possessions, such a confiscation would not be in the interest of the Islamic Republic of Iran. The opinion above is not agreed to by this Court, and the decision of Branch 3 of the Revolutionary Court is confirmed for the following reasons.
A: Based on the estiman [seeking safety] of the Koffar-e Harbi, and the Baha’i sect’s inclusion in that [group], and in view of memorandum number 1/16079, dated 30 Ordibehesht 1362 [20 May 1983], issued by the esteemed Supreme Judicial Council, the order that needs to be followed is that of the imam of the nation, may his exalted shadow continue, who has ordered the possessions of the leaders and activists of the perverse Baha’i sect to be confiscated. The court is the one who determines the issue. It has made its determination regarding this matter, and it is excusing the Supreme Court from issuing an opinion. Therefore, there is no need for the members of the Select Committee of the Supreme Judicial Council to express an opinion (with reliance upon the above-mentioned memorandum).
B: The fact that the debts of the defendants exceed their possessions is an issue that the confiscating authority (the government of the Islamic Republic of Iran) must determine, and if such a matter is to be ascertained, the Islamic Republic will naturally take action after considering all aspects of the issue and its gain and loss, particularly regarding the possessions of the defendant, necessary investigations have not been done and it is quite possible that the government’s qualified authorities conduct appropriate investigations about his matter./B
The Sharia Judge, 12th Branch of the Central Islamic Revolutionary Court
1 Shahrivar 1362 [23 August 1983]
[Stamp:] Archives [illegible] Section number 1
[Handwritten note on the margin:] Photocopy is identical to the original
The Judicial Representative of Imam Khomeini Emdad Committee, Abolghasem Sharafi