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 About
Age — Nationality Iran Religion Baha'i Civil status — Education — Occupation — Rank/Position — Affiliation —
Case Date of execution November 19, 1985 Location Tabriz, Iran Mode of execution unspecified execution method Charges Religious offense The Baha’is in the Islamic Republic of Iran: A background
The authorities of the Islamic Republic have subjected the members of the Baha'i religious community of Iran (the largest minority with around 300 thousand members) to systematic harassment and persecution and have deprived 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, apply their religious law in their personal affairs, and are banned from public life. Discrimination under the law and in practice has subjected them to abuse and violence.
The Islamic Republic Penal Code grants no right to Baha'is and the courts have denied them the right to redress or protection against assault, killing, 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 parallel to acts of Parliament. One such authority is the late leader of the Islamic Republic, Ayatollah Khomeini, who ruled execution as punishment for the crime of apostasy and decreed that a Muslim will not be killed for killing an apostate.
The banishment from public life has seriously damaged the Baha’is’ professional, economic and social lives. Soon after the revolution, a Ministry of Labor circular 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 seriously limits Baha'is' freedoms and opportunities in all areas of their private lives, including marriage, 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 organization, an elected spiritual body that administers the affairs of the faith at both local and national levels, the Iranian authorities have denied Baha'is the right to meet, elect, and operate their religious institutions. Since the Islamic revolution, at least 200 Baha'is have been executed and scores more have been imprisoned, tortured, and pressured to convert to Islam.
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, Baha'is have often been charged with offenses such as, "being involved in counter-revolutionary activities" or "having supported the former regime", "being agents of Zionism", or "involvement with prostitution, adultery, and immorality."
About this Case
Mr. 'Azizu'llah Ashjari is one of the 206 Iranian Baha’is listed in a 1993 report published by the Baha’i International Community. The report documents the persecution of the members of the Faith in the Islamic Republic of Iran and lists the Baha’is killed since 1978.
Arrest and detention
No information is available on the circumstances of this defendant's arrest and detention.
Trial
No information is available on Mr. Ashjari's trial, including whether or not he had legal counsel.
Charges
The charges against Mr. Ashjari are not known.
Evidence of guilt
No information is available on the evidence presented against the defendant.
Defense
No information is available on Mr. Ashjari'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 access to attorneys is often denied. 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 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
This defendant was sentenced to death and executed. Baha'is have reported to human rights organizations that the text of sentences is often not communicated to them.
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* Speech May 28, 1983, Sahife-ye Emam, Volume 17
** Iran, Secret Blue Print for the Destruction of a Religious community, p. 27).
*** Kayhan, October 19, 1981
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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.
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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.
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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 one’s own choosing or the right to legal aid. The right to communicate with one’s own 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.
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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.
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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
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The right to a fair and public trial without undue delay.
ICCPR, Article 14.1, Article 14.3.c.
The right to defense through legal assistance of his or her own choosing 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 witnesses against him. 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
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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.
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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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