[PROVISIONAL TRANSLATION FROM PERSIAN]
[Translator’s notes appear in square brackets]
[Personal information has been redacted.]
Date: 8 Tir 1395 [28 June 2016]
The Honourable Head of the Court of Administrative Justice and the Honourable Head of the Judiciary
Subject: Application of Article 79 of the Court of the Administrative Justice to the judgments rendered, court order number 9309970900300514, dated 7 Khordad 1393 [28 May 2014] by Branch 3 of the Court of Administrative Justice and the court order number 9509970956000079, dated 16 Farvardin 1395 [4 April 2016] by Branch 10 of the Appeal Court of Administrative Justice which were communicated to me, Payam Vali, on 22 Khordad 1395 [11 June 2016]
Enclosures: 12 enclosures in 16 pages
Greetings and best regards,
I, Payam Vali, am an Iranian Baha’i citizen. About 8 years ago, my place of professional practice and livelihood, I held an optician trade licence (from the relevant union) and a technical spectacle-making certificate (issued by the Ministry of Labour and Social Affairs), was closed. I have sent the documents to you many times, and so far, no law has annulled these documents and therefore they are valid. Unfortunately, due to religious prejudices and some illegal reason, some officials sealed my business They deliberately concealed the real motive behind the closure, which I believe is religious discrimination, and claimed the reason for closure was not having a licence from the Department of Health. In this way by creating a process of gradual and severe mental and psychological erosion, they aimed to cause Baha’i citizens to endure various economic problems and because of constant economic and psychological problems, they tried to force me and my family to leave our homeland.
About 8 years ago, at the very beginning of the closure of the businesses of 4 Baha’i citizens in Nazarabad, we were 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 systematically started in order to create economic pressure, and the first city in their plan was Nazarabad, and gradually over several years and under various pretexts the closures would continue in other cities of Iran. If we look back over the last 8 years, we see that after the closure of the 4 Baha’i citizens shops in Nazarabad, all the business premises of Baha’i citizens of Semnan and then Hamadan, later Kermanshah, and later the northern cities of the country and some other cities were systematically, gradually sealed using ridiculous excuses. This process of discrimination, unfortunately continues, which of course, is recognised by a large number of honest and conscientious people of Iran, some fair officials and also people around the world.
I have been pursuing my lost rights through legal channels for about 8 years, during which time I have received various rulings from the courts, the Court of Administrative Justice and the Court of Administrative Justice Board. Unfortunately, after 8 years of trying through legal channels, I continue to encounter officials who still use their resentment and hatred towards a group of Iranian (Baha’i) citizens and any psychological, emotional and economic pressure they can against Baha’i citizens. And it is noteworthy that in opposing the continued loss of rights during these 8 years, me and my family have been attacked many times by the perpetrators of these discriminations, and using false accusations, they have attempted to convict me and my family. With these cruel acts, the truth is hidden from the people and the officials, and I wonder whether after all these years of continuous efforts through legal channels, that the only way to achieve the most basic citizenship rights for myself and my family from the authorities, will be through international legal channels? Of course, as you know, when such religious discrimination in Iran ends, all Baha’i citizens will enjoy equal social and civil rights as other citizens and there will be no reason to pursue our rights through 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, in addition to the above petitions is 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, I had repeatedly mentioned the introduction of Ms. Negin Amir-Shekari, a technical manager (optometrist) who was to obtain licences from the Department of Health. A copy of her request has been sent many times and my 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 having a licence to manufacture and sell medical glasses, requires a work permit from the Ministry of Health. Unfortunately, the Department of Health did not concede the request of the 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 Court of Administrative Justice Board caused the closure of my business premises again.
Please note: Unfortunately, in the decision of the 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 the Branch 10 of the Appeal Court of Administrative Justice, the documents sent by me have been completely ignored and the verdict was issued as if I had applied for a work permit to the Department of Health, while it was the optometrist who submitted this request to the Department of Health of the city of Nazarabad, not me. I mentioned this in my statement of defence.
Due to the shortcomings and omissions of the esteemed judges in Branch 10 of the Appeal Court, to my petition, explaining that it was the optometrist’s application for obtaining a work permit from the Department of Health, the verdict of Branch 10 of the Court of Administrative Justice is a gross violation. Based on this clear claim of violation of rights, and in accordance to Article 79 of the Court of Administrative Justice, I request a rehearing and hope that the esteemed officials and judges will consider this petition with fairness and without prejudice.
Therefore, to reinforce the urgency in your affairs to process this petition, a copy 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 Inspectorate 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 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: It is presented in 16 sheets
1- Decision of Branch 3 of the Administrative Justice Court 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]