[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[The Difficult Task of Monitoring Constitutional Compliance[1]]

Section 7, Minorities

[Page:] 601

 

In the Name of God

Number 77-300

Date 17 Aban 1377 [8 November 1998]

 

Hojjatol-Islam Khatami

Esteemed President of the Islamic Republic of Iran

 

Greetings

We enclose a letter addressed to Your Honour regarding the raids by agents [law enforcement officers] on the homes and private educational centres of the Baha’is and the confiscation of their educational materials and equipment.

We have separately inquired about the situation surrounding this matter and its basis and legal justification from the Ministry of Intelligence and the Islamic Revolutionary Court of Tehran, and we hope they will give us the required response.  However, it appears that, in view of the background of this issue within the Supreme Council for Cultural Revolution and its presentation at the Supreme Council for National Security, both of which are presided over by Your Honour, it would be appropriate for the aforementioned councils to make decisions regarding a matter such as this from cultural and security viewpoints and declare a clear course of action for the relevant authorities. 

From the point of view of the Constitution, if the actions [of the Baha’is] have been educational in nature on their part, who claim that their [private educational centres] have been in place for ten years, and that their reason for having them has been their deprivation from access to higher education, and that these [educational centres] are not a conspiracy against the regime, then this type of activity [raiding homes and educational centres] is contrary to the Constitution.  In all cases, the discernment about the subject matter must be made at the Supreme Council for National Security because of the sensitivity of the matter.  I hope that with wisdom and comprehensive consideration of all aspects, they can arrive at a clear and defensible decision.

 

Hosein Mehrpour

[Legal Counsel] of President and Head of Investigation and Oversight of Enforcement of the Constitution

 

 

[1] From a book: The Difficult Task of Monitoring Constitutional Compliance- Vazifeh Doshvar-e Nezarat bar Ejraeh Ghanoon-e Asasee 1376 – 1384 (1997-2006). Dr. Hosein Mehrpour, Tehran, Saales Publication, 1384 (2005)