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 About
Age 52 Nationality Iran Religion Baha'i Civil status Married Education university diploma Occupation engineering and science professional Rank/Position Mrs. Ni'mat Mahmudi was a member of the National Spiritual Assembly of the Baha'is of Iran, the national-level governing council. She was also an auxiliary board member, an appointed leadership position within the Baha'i administrative framework. Affiliation —
Case Date of execution December 27, 1981 Location Tehran, Iran Mode of execution unspecified execution method Charges Espionage; Religious offense The Baha’is in the Islamic Republic of Iran: Background
“Baha’i is not a religion, it is a political party. It is a party that was initially supported by the British and is now supported by America. They [the Baha’is] are spies...” Ayatollah Khomeini, Founder of the Islamic Republic.*
“The Qur’an recognized only the People of the Book as religious communities. Others are pagans. Pagans must be eliminated.” Iranian Attorney General, Seyed Moussavi-Tabrizi.**
“The punishment for a Mortad-e Fetri [apostate who was born in a Muslim family] is death and his repentance is not accepted.” Head of the Islamic Republic Revolutionary Courts, Ayatollah Gilani.***
The authorities of the Islamic Republic have subjected the members of the Baha’i religious community of Iran (the largest minority, with approximately 300 thousand members in 1979****) to systematic harassment and persecution, depriving them of their most fundamental human rights. The Baha’i religion is not recognized under the Constitution of the Islamic Republic, and Iranian authorities refer to it as a heresy. As a result, the Baha’is have been denied the rights associated with the status of a religious minority; they cannot profess and practice their faith and are banned from public functions. Discrimination under the law and in practice has subjected them to abuse and violence.
The Islamic Republic Penal Code grants no rights to Baha’is, and the courts have denied them the right to redress or to protection against assault, murder, and other forms of persecution and abuse. In so doing, the courts have treated Baha’is as unprotected citizens or “apostates,” citing eminent religious authorities whose edicts are considered to be a source of law equal to acts of Parliament. The Founder of the Islamic Republic, Ayatollah Khomeini, made execution a punishment for the crime of apostasy and decreed that a Muslim would not be punished for killing an apostate.
Banishment from public functions has seriously damaged the Baha’is’ professional, economic, and social lives. Soon after the revolution, a Ministry of Labor directive called for the dismissal from public office and all governmental organizations and associations those “who belong to any of the misguided sects recognized by all Muslims as heretical deviations from Islam, or to organizations whose doctrine and constitution are based on rejection of the divinely-revealed religions.” Finally the mandatory requirement of specifying religion in application forms and official documents (lifted recently in some areas under international pressure) has seriously limited Baha’is’ freedoms and opportunities in all areas of their lives including divorce, inheritance, access to universities, and travel.
In practice, since 1980, thousands of Baha’is have lost their jobs, pensions, businesses, properties, and educational opportunities. By banning the Baha’i administration including Spiritual Assemblies, the elected bodies that lead and administer the affairs of Baha’i communities at both local and national levels, the Islamic Republic has denied Baha’is the right to meet, elect, and operate their religious institutions. Further, the Iranian government has executed at least 200 Baha’is and has imprisoned, tortured, and pressured to convert to Islam scores more.
Because of the unanimous international condemnation of the persecution of this quietist (apolitical) religious community, Iranian authorities do not always admit that the Baha’is are being punished for their religious beliefs. Therefore, judicial authorities have often charged Baha’is with offenses such as “being involved in counter-revolutionary activities,” “having supported the former regime,” “being agents of Zionism,” or “being involved with prostitution, adultery, and immorality.”
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* Speech May 28, 1983, Sahife-ye Nur, Volume 17.
** The Baha’i Question: Iran’s Secret Blueprint for the Destruction of a Religious community: An Examination of the Persecution of the Baha’is of Iran, Baha’i International Community, 1999, p. 27. The quote was published in English in Sunday Times, 20 September 1981 and cited in The Persecution of the Baha’is of Iran, 1844-1984, by Douglas Martin, Baha’i Studies, volume 12/13, 1984
*** Kayhan, October 19, 1981.
****’Slow Death for Iran’s Baha’is’ by Richard N. Ostling, Time Magazine, 20 February 1984. Also see ‘The Persecution of the Baha’is of Iran, 1844-1984, by Douglas Martin, Baha’i Studies, volume 12/13, 1984, p. 3. There is no information about the current number of Baha’is in Iran.
About this Case
Reference to the execution of Ms. Zhinus Ni’mat Mahmudi (court document wrote the last name differently), the first female meteorologist in Iran, and seven other members of the National Spiritual Assembly of the Baha’is in Iran, was made by the the President of the Central Revolutionary Court in an interview published in Kayhan on 30 Day 1360 (20 January 1982). Ms. Mahmudi is one of the 206 Iranian Baha’is listed in a 1999 report published by the Baha’i International Community. In addition, a report, The Persecution of the Baha’i Community of Iran, in The Baha’i World, Volume XIX, documents the persecutions of the members of the Faith in the Islamic Republic of Iran and lists the Baha’is killed since 1978. More information has been drawn from other volumes of the The Baha’i World, A Tribute to the Faithful by Mah Mehr Gulistanih, Haqiqat-e-Sadeh by Monireh Baradaran, Mrs. Mahmudi’s cellmate, The Baha’i Question: Iran’s Secret Blueprint for the Destruction of a Religious Community as well as a report of a press conference by the President of the Central Revolutionary Court in Kayhan Newspaper Nr. 11488 published on 30 Day 1360 (20 January 1982) and other reports provided by the Baha’i International Community.
Ms. Mahmudi worked as the Director of the Department of Meteorology of Iran. She authored the Geographic Atlas of Iran and taught atmospheric science and meteorology at various educational institutions including the University of Tehran. In addition to her membership on Local Spiritual Assemblies of Narmak and later Gohardasht, Ms. Mahmudi was appointed as one of the members of the Auxiliary Board to the Baha’i Continental Board of Counselors for Asia in 1977. Following the Islamic Revolution, her pension was cut in February 1980 and she was officially expelled on 30 March 1980, following charges related to her religion, and merits during her services to the Ministry of Defense and Department of Meteorology. Ms. Mahmudi is remembered by her cellmate for her kindness and courage :
“She knew she was going to be killed but she was very serene and kind. She advised the young inmates to not waste their time and volunteered to teach them physics while she was with them. She had a beautiful pink and purple jacket that everyone liked, so she left it for her cellmates to use when she was called for execution on the afternoon of her last day.”
Arrest and detention
Ms. Mahmudi was arrested on 14 December 1981 (23 Azar 1360) following a meeting of the National Assembly. The meeting was hosted at the home of a member of the Baha’i community. After their meeting came to an end, the guests began to leave discreetly in order to not draw attention to their gathering, as was often the case during the early days of the revolution. A few minutes after she and another guest left, they were arrested by revolutionary guards who had surrounded the house. The guards then entered the house to arrest the rest of the members of the National Assembly and the hosts. They held Ms. Mahmudi and everyone else against the wall, blindfolded them, all the while shouting and asking about the ninth member of the Assembly who was absent from that meeting. They then ordered Ms. Mahmudi and the others to get into specific cars. According to eyewitness reports, when asked where they were being taken and at whose order, the guards made no response. The group was taken to the building of the National Oil Company’s Club, which served as Komiteh # 4 in Davudiyeh neighborhood. According to eyewitness reports she was later transferred to Evin prison, where she spent a few days with other political prisoners before her execution. (Testimony of Ms. Baradaran)
According to reports by two survivors, the morning after her arrest, the authorities gathered Ms. Mahmudi and the nine other Baha’is arrested in an interrogation room and ordered them to fill out a questionnaire about names of Assembly members, relationship of the Baha’is to Israel, and the amount and location of Baha’i funds. The authorities interrogated her several times during her detainment.
Trial
The authorities provided no information to Ms. Mahmudi’s family regarding her trial and there are no eyewitness reports. However, there is an official document from the Central Islamic Revolutionary Chief Prosecutor’s Office, dated 28 December 1981 (7 Azar 1360), indicating that Ms. Mahmudi was tried along with the other seven arrested members of the National Assembly by the Islamic Revolutionary Court of Tehran.
Charges
The authorities did not provide the family of Ms. Mahmudi with any information regarding her charges. However, the above-mentioned document from the Chief Prosecutor’s Office indicates her charges as follows:
“1. Disrespect for the sacred beliefs of Islam, the Ulama and officials of the Islamic Republic of Iran and ridiculing the people of Iran and considering the slogan of ‘not west nor east’ as barbaric.
2. Connection with Israel by telephone, letter or other means and sending documents and news of Iran to Israel for action.
3. Meetings with foreign dignitaries and officials of other countries with the aim of applying pressure to the government of the Islamic Republic of Iran.
4. Contacting foreign radios in America and the BBC and instigating them against the Islamic Republic following a long connection with them, in order to intensify or silence the voice of America against Iran.
5. Sending or receiving reports containing code words such as ‘Amoo jan’ etc. in various languages to the House of Justice in Haifa [Israel].
6. Sending information regarding prisons or decrees of Marajeh [religious guides] and Hazrat-e-Imam [Khomeini] and instructions issued to houses of blasphemy [Baha’i institutions] by the House of Justice in Haifa.”
Evidence of guilt
No information is available on the evidence presented against the defendant.
Defense
No information is available on Ms. Mahmudi’s defense. However, the representatives of the Baha’i community stress that their members are being persecuted for their religious beliefs. They note that Baha’is’ requests to access their files are usually denied, and that even though they are allowed to avail themselves of the services of a defense counsel since the mid-1990s, attorneys are often under pressure not to accept Baha’i clients. They refute the validity of charges such as counter-revolutionary political activities or spying leveled against them in Iranian courts. They point out that the fundamental principles of their religion require them to show loyalty and obedience to their government and to refrain from any political involvement. They believe that the accusation of espionage for Israel is unfounded and based solely on the fact that the Baha’i World Centre is in Israel. They point out that this centre was established on Mount Carmel in the late 19th century, long before the establishment of the State of Israel.
Judgment
The authorities provided no details regarding Ms. Mahmudi’s judgment to her family and there are no eyewitness reports available. However, based on the Prosecutor’s Office communiqué published in Kayhan on December 28, she and the other National Spiritual Assembly members were convicted of espionage:
“As espionage against the Islamic Republic and plotting against the people of Iran is proven and undeniable, they are the essence of treachery, agents of corruption on earth and insurgency against the Islamic government of Iran and are, therefore, condemned to death. All their belongings are confiscated for the benefit of the Foundation of the Martyrs. Any of them whose family is in Iran is allowed one house which should be ordinary and of medium size.”
Furthermore, during a press conference, the President of the Central Revolutionary Courts stated that: “It has become clear that this group or sect spy for colonial organizations. The damages that this destructive and vagrant sect has caused for our country! God is the Most Great! These colonial, more specifically Zionist, assistants and spies have fought for years with the rule of Islamic Sharia in our country. After the revolution, they continue to fight with the Islamic Revolution. It is binding upon religious judges and courts to punish them accordingly. Not only the individual members of this vagrant sect conducted political espionage, but after the detested and corrupted Pahlavi family, they were the largest group to pillage the wealth of this country… Some of the members of this sect suffer from mental weakness and the court is merciful to them and warns and returns them to life, because they are ignorant and have no understanding of the phenomenon of espionage.” According to the statement by the President, Mrs. Mahmudi was found guilty of espionage for Israel and its supporters. [Kayhan, p. 15, Wednesday 20 January 1982, Nr. 11488]
Ms. Mahmudi was executed on 27 December 1981 (6 Day 1360) but the authorities did not notify her family. An official of Evin Prison informally telephoned family contacts, following which survivors visited the Behesht-e-Zahra cemetery and found her name on the list of those killed and buried by the authorities in a specific unmarked area referred to by the officials as kofrabad [land of infidels].
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Human rights violations in this caseThe legal context
Read about the courts, the judges, and the procedure. The courts
Special courts, known as the Islamic Revolutionary Tribunals, were set up after the February 1979 revolution. Their jurisdiction encompasses a wide array of offences ranging from association with or support of the former regime, promotion of foreign influence, and enmity with the revolution to possession, use or sales of narcotic drugs, murder, and profiteering. In the 1980s, a penal court, presided over by one judge, was created to handle some of the offenses punishable by death, such as theft or adultery. These tribunals’ decisions must be confirmed by a chamber of the Supreme Judicial Council.
The judges
Prosecutors and judges are not necessarily jurists. By 1981, the judiciary was purged of judges trained in law schools. They were replaced by seminary graduates and students, as well as by political appointees (an estimated 2000 by 1989). Since by law judges are only required to have a high school diploma and must be faithful to the Islamic Republic’s tenets, new recruits often have little formal training in the law and are chosen because of their political affiliation.
The procedure
The procedures of these ecclesiastical tribunals fail to meet the minimum guarantees for fair trial as established by international human rights instruments and by sha’ria (the Islamic system of law). In addition to executions ordered by revolutionary tribunals, extra-judicial executions are carried out, targeting dissidents and opposition leaders. In some cases, both inside and outside of Iran, these executions have been traced back to Iranian officials. It is, however, not known if in these particular cases trials are held in absentia.
Sources (Among others): Amnesty International, Law and Human Rights in the Islamic Republic of Iran, February 1980; Lawyers' Committee for Human Rights, The Justice System of the Islamic Republic of Iran, 1992; E/CN.4/1989/26 p.14; UNCHR, Resolution 1984/54 , Abolition of Torture - Iran - 1; 28 November 1984; Report on the human rights situation in the Islamic Republic of Iran by the Special Representative of the Commission, Mr. Reynaldo Galindo Pohl, 28 January 1987. Amnesty International, A SHOCKED WORLD WATCHES IN DISBELIEF, VIOLATIONS OF HUMAN RIGHTS, 1987-1990. Memoirs of Ayatollah Khalkhali, religious judge and former head of revolutionary tribunals (2001), and Ayatollah Montazeri, dismissed successor to Ayatollah Khomeini (2001). UNCH, E/CN.4/1994/50, Final report on the situation of human rights in the Islamic Republic of Iran prepared by the Special Representative of the Commission on Human Rights, Mr. Reynaldo Galindo Pohl, pursuant to Commission resolution 1993/62 of 10 March 1993 and Economic and Social Council decision 1993/273. E/CN.4/1994/50, 2 February 1994.
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 close... Detentions, interrogations, and trials: 1981-1988
Read about the conditions in which individuals were detained, tried and sentenced. Pre-trial detentions
The accused were held, sometimes without being charged, for months or years in overcrowded prisons. During their detention, prisoners of conscience, and in particular supporters of political opposition groups or members of religious or ethnic minorities, were routinely subject to physical and psychological torture. Interrogators used torture, authorized by the post-revolutionary law of Ta’zir (Discretionary Punishment Law), to obtain confessions of guilt or to induce repentance. The line between trial and interrogation was often blurred by the fact that the same individual would function as prosecutor, interrogator and judge.
Trials
Executed detainees may or may not have been tried formally. Prisoners of conscience were often tried through a summary process that might have lasted only a few minutes. When disclosed, charges facing the defendants were often vague or based on coerced confessions. Defendants had no access to attorneys, and they might not have been allowed to defend themselves.
Appeal processes
Convicts could not appeal their sentence and were often executed shortly after their conviction. Their execution was not necessarily announced.
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close... Based on the available information, the following human rights have been violated in this case:
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The right to liberty and security of the person. The right not to be subjected to arbitrary arrest and detention.
Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 9.1.
The right not to be punished for any crime on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time it was committed.
UDHR, Article 11.2; ICCPR, Article 15, Article 6.2. The right to freedom of thought, conscience, and religion, including the right to change and manifest his or her religion or belief.
UDHR, Article 18; ICCPR, Article 18.1, ICCPR, Article 18.2; Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Article 1 and Article 6.
In its general comment 22 (48) of 20 July 1993, the United Nation’s Human Rights Committee observed that the freedom to "have or to adopt" a religion or belief necessarily entailed the freedom to choose a religion or belief, including the right to replace one’s current religion or belief with another or to adopt atheistic views, as well as the right to retain one’s religion or belief. Article 18, paragraph 2, of the International Covenant on Civil and Political Rights bars coercion that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to religious beliefs and congregations, to recant their religion or belief or to convert. The right, as a member of a religious or ethnic minority, to enjoy his or her own culture or to profess and practice his or her own religion.
UDHR, Article 18; ICCPR, Article 27. The right to equality before the law and the right to equal protection of the law.
UDHR, Article 7; ICCPR, Article 26.
The right to due process
The right to be presumed innocent until found guilty by a competent and impartial tribunal in accordance with law.
ICCPR, Article 14.1 and Article 14.2.
Pre-trial detention rights
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The right to know promptly and in detail the nature and cause of the charges against one.
UDHR, Article 9(2); ICCPR, Article 9.2 and Article 14.3.a
The right to counsel of his or her own choosing or the right to legal aid. The right to communicate with his or her attorney in confidence
ICCPR, Article 14.3.b and Article 14.3.d; Basic Principles on the Role of Lawyers, Article 1, Article 2, Article 5, Article 6, Article 8. The right to adequate time and facilities for the preparation of the defense case.
ICCPR, Article 14.3.b. The right not to be compelled to testify against oneself or to confess to guilt. ICCPR, Article 14.3.g. The right not to be subjected to torture and to cruel, inhuman or degrading treatment. ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.
Trial rights
The right to a fair and public trial without undue delay.
ICCPR, Article 14.1 and Article 14.3.c.
The right to defense through an attorney or legal aid. The right to examine, or have examined, the witnesses against one and to obtain the attendance and examination of witnesses on one’s behalf under the same conditions as prosecution witnesses. ICCPR, Article 14.3.d and Article 14.3.e. The right to have the decision rendered in public.
ICCPR, Article 14.1.
Judgment rights
Capital punishment
The inherent right to life, of which no one shall be arbitrarily deprived. Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 6.1; Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty, Article 1.1, Article 1.2. The right not to be subjected to cruel, inhuman or degrading punishment.
ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.
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