[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Summary Translation]

 

[Arabic verse][1]

14 Farvardin 1392 [3 April 2013]

 

The Honourable Chief Justice of the Court of Appeal of the Province of Mazandaran

[This is an appeal of the decision of Branch 1 of the Public Court of the District of Chahardangeh, County of Kiasar, dated 7 Esfand 1391 [25 February 2013]. Messrs. Kianoush Naimi, Ali Ahmadi, Mahmoud Piri, et al, from the village of Ivel, filed this suit against Nad-Ali Fallahpour and Seyyed-Javad Derakhshan for disturbing and preventing them from sowing barley in their farms, causing irreparable damage. All the eyewitnesses, in a letter to the police station, which was sealed by the Islamic Council on 2 Aban 1391 [23 October 2012], testified to the disturbing and disruptive actions of the above-mentioned offenders. The police report, dated 26 Mehr 1391 [17 October 2012], also made reference to the disturbance of the offenders. On 24 Bahman 1391 [12 February 2013], however, the Poshtkuh police, after nearly four months, and subsequent to the repeated correspondence and follow-ups from the court of Kiasar to the police station, prepared another report. Contrary to the instructions of the court regarding the investigation of the matter by gathering information from the eyewitnesses and the offenders, the Poshtkuh police obtained testimonies from those who were not eyewitnesses to the incident and without interrogating the offenders. Based on that second (biased) report, the offenders were found not guilty due to insufficient evidence.

In 1362 [1983/1984] the Baha’is of Ivel were expelled from their homes and half of their farms were confiscated and came into the possession of the local people in Ivel. Through perseverance, the Baha’is of Ivel, based on Article 3, Section 14 of the Constitution, were able to obtain permission from the Kiasar court to continue working on their farms under the supervision of the Poshtkuh police. Since then, they have continued to have permission from the court, and have travelled from a distance in order to work on their farms. In the summer of 1389 [2010], the houses of the Baha’is of Ivel, along with their stables, haylofts, barns and animals, were burnt to the ground. The Baha’is of Ivel filed complaints with the court, which are currently pending in Branch 8 of the Court of Appeal and are separate from the issue of obtaining permission for farming on their farmlands. On 15 Mehr 1391 [6 October 2012], the Baha’is of Ivel wrote a letter to the court of Kiasar stating that, based on the previous order of the court, they started sowing seeds on their farms on 14 Mehr 1391 [5 October 2012]; however, halfway through their work, the chief of police of Poshtkuh stopped them and instructed them to obtain another court order. The Baha’i farmers requested permission to finish the work on their farms. The judge, unlike before, wrote a note on the back of their letter stating that the ownership of the lands in dispute was still pending in the court of appeal and that no action should take place until the ownership was determined. The pending case in the court of appeal is about the ownership of their houses that were burnt to the ground and had nothing to do with the farmlands. The Baha’is of Ivel have the necessary legal documents regarding the ownership of their farmlands.]

Kianoush Naimi

Mahmoud Piri

Ali Ahmadi

 

[Enclosures:

  • A letter dated 21 Shahrivar 1391 [11 September 2012] from the Baha’is of Ivel to the chief justice of the Public Court of Kiasar, requesting permission to pick walnuts from their orchards and work on their farms, as they did in past years.
  • A note dated 21 Shahrivar 1391 [11 September 2012 from the Court of Kiasar on the back of the same letter from the Baha’is of Ivel, instructing the chief of police of Poshtkuh that, as in prior years, he should prevent any disturbance.
  • A report by the Poshtkuh police, dated 14 Mehr 1391 [5 October 2012], ordering the Baha’is of Ivel to stop, halfway through sowing seeds on their farms, stating that they needed new permission from the court to work on their farms.
  • A letter dated 15 Mehr 1391 [6 October 2012] from the Baha’is of Ivel, requesting permission to finish work on their farms and stating that, based on the previous order of the court, they had started sowing seeds on their farms on 14 Mehr 1391 [5 October 2012]; however, halfway through their work, the chief of police of Poshtkuh instructed them to stop and obtain another court order.
  • Decision of the chief justice of the Court of Kiasar, dated 15 Mehr 1391 [6 October 2012], stating that the ownership of the lands in dispute was still pending in the court of appeal and that no action should take place until the ownership of the property was determined.]

 

[1] [The original text is as follows: "‎ بسمه الرزاق العالمین "]