Abdorrahman Boroumand Center

for Human Rights in Iran

https://www.iranrights.org
Memorial
Omid, a memorial in defense of human rights in Iran
One Person’s Story

Ezatollah Foruhi

About

Age: 47
Nationality: Iran
Religion: Baha'i
Civil Status: Married

Case

Date of Killing: December 27, 1981
Location of Killing: Evin Prison, Tehran, Tehran Province, Iran
Mode of Killing: Unspecified execution method
Charges: Religious offense

Human rights violations in this case

The Legal Context

The Courts

 

Islamic Revolutionary Courts, 11 February 1979-1994

 

In the immediate aftermath of the 11 February 1979 Revolution, an ad hoc tribunal, initially referred to as the Extraordinary Revolutionary Tribunal, was set up to try the officials of the previous regime, for which no specific procedures were devised. In a decree dated 24 February 1979, Ayatollah Khomeini, the revolutionary religious leader, appointed a cleric as Shari’a Judge and instructed him “to issue Shari’a-based rulings,” thereby establishing the foundation of a system of special courts.

 

Initially, the revolutionary courts’ jurisdiction was determined by the religious judge’s interpretation of the Shari’a (Islamic law based on the teachings of the Qur’an, the traditions of the Prophet, the 12 imams, and the teachings of Shi’a scholars. On 17 June 1979, the Revolutionary Courts and the Prosecutor’s Office Rules of Procedure, which was only selectively observed, established the latter’s jurisdiction and make-up.

 

The Courts’ jurisdiction encompassed a wide array of offenses including moharebeh (“waging war with God”), efsad e fel arz (“spreading corruption on Earth”), crimes against national and international security, economic crimes, murder, profiteering, prostitution, rape, and narcotic drugs-related crimes. The law required that two of the three principal members of the Revolutionary Courts be Shari’a judges.

 

 

Islamic Revolutionary Courts, 1994-2002

 

With the adoption of the Law for the Establishment of General and Revolutionary Courts of 14 June 1994, and the Code of Criminal Procedure for General and Revolutionary Courts of 19 September 1999, a uniform code of procedure was applied to both revolutionary and general courts. The jurisdiction of the Revolutionary Courts was limited to 6 categories of offenses:

1. Crimes against national and international security,“moharebeh” (enmity with god) and “efsad e fel arz” (corruption on earth;)

2. defaming Ayatollah Khomeini and the Supreme Leader;

3. plotting against the Islamic Republic of Iran, armed action, terrorism, and sabotage;

4. espionage;

5. smuggling and drug-related crimes; 6. claims under Principle 49 (economic crimes) of the Constitution.

 6. Furthermore, pursuant to the Law on the Manner of Punishing Individuals Engaged in Unauthorized Audio and Visual Activities, Article 11, the revolutionary courts have jurisdiction over crimes that fall within the purview of said Law, including production and distribution of obscene materials and misuse and abuse thereof.

These courts continued, however, to try cases falling outside their jurisdiction, such as theft and sexual offenses. Further, the vagueness of laws regarding national security allowed the revolutionary courts to try political and media crimes whenever they wished to do so.

 

The new law eliminated the Prosecutor’s Office and gave the judges inthe Revolutionary Courts the power to perform the duties of the prosecutor, as well as their own, in any case brought before them.

 

Islamic Revolutionary Courts, 2002-Present

 

The Amended Law for the Establishment of General and Revolutionary Courts of 2002 reinstated the Prosecutor’s Office in both revolutionary and general courts. In cases involving political and media crimes, revolutionary courts’ jurisdiction overlaps with that of Province Criminal Courts.

 

With the passage of the new Rules of Criminal Procedure in 2014, and its coming into force in June 2015, the jurisdiction of the revolutionary courts remains unchanged, with slight modifications in procedural aspects of adjudication. For instance, the new law provides that for crimes subject to the death penalty, life imprisonment, amputation, third degree, or higher, the revolutionary court shall convene with three judges, whereas, prior to the passage of this law, adjudication of all crimes within the jurisdiction of revolutionary courts took place with only a single judge.

The Appellate System of Revolutionary Courts, 1979-Present

 

From their inception until 1994, the rulings of the Revolutionary Courts were not subject to appeal. In the early 1980s a court entitled the Supreme Court of Qom was established in the city of Qom and which reviewed cases of execution and confiscation of properties, thereby forming a first tier form of appeal. The exact date of the creation of the court is not clear, but, based on available information, the court became operational in the early 1980s, even though Ayatollah Khomeini's official order for its creation is dated 1985. The court’s procedure was not systematic and did not meet the international standards for a court of appeals; there was no official record of its jurisdiction. The Supreme Court of Qom was dissolved in 1989.

 

The Law of 14 June 1994 subjected the Courts’ decisions to appeal. An appellate court was established at each provincial capital, called the Province Court of Appeals, composed of a three-judge panel, to review decisions made by the Revolutionary Courts. The Supreme Court was designated as the appellate authority for particular decisions, including those involving capital punishment.

 

Narcotic drugs-related crimes constitute a significant exception to the appeals process. Governed by the Anti-Narcotic Drugs Law of 1988, as Amended on 8 November 1997 and 31 July 3 2010, these crimes are within the jurisdiction of, and are adjudicated on a regular basis by, Revolutionary Courts whose decisions are final. After being handed down by the judge, death sentences are sent to the Prosecutor General or the Head of the Supreme Court as a matter of administrative approval.

 

With the passage of the new Rules of Criminal Procedure in 2014 (and its coming into force in June 2015), however, drug related crimes became subject to appeal as well.

General Courts, 1979-1982

 

In cases not falling under the jurisdiction of the Revolutionary Courts, the system devised under the previous regime continued to function in parallel with new systems devised by laws passed by the Judicial Council, one of which, entitled The Legal Bill for the Establishment of General Courts of 11 September 1979, radically changed the entire structure and categorization of the courts. It divided the courts in three branches: Criminal, Civil, and Peace (a sort of arbitration court dealing with minor financial and other disputes). Specialized courts such as family courts were eliminated.

 

General Courts, 1982-1994

 

The Law of the Amendments to the Rules of Criminal Procedure of 1982 established a new criminal courts system, Criminal Courts I and II. Criminal Court I, established only in provincial capitals, had jurisdiction over more serious offenses, including those punishable by death, and Criminal Court II heard less serious crimes.

 

General Courts, 1994-2002

 

The Law for the Establishment of General and Revolutionary Courts of 14 June 1994 established umbrella courts called General Courts, which replaced and dissolved pre-existing civil and criminal courts. The law dissolved the Prosecutor’s offices and tasked a single person with the roles of judge, prosecutor, and investigator.

 

General Courts, 2002-2015

 

In 2002, the 1994 Law was amended, reviving the role of the Prosecutor’s Office in General Courts. The prosecution offices were re-established in a gradual process over several years. The amended law also re-established specialized branches within general courts dealing separately with criminal and civil matters. In addition, this law allocated a number of branches of the Province Court of Appeals to have original jurisdiction over a number of cases including the most serious offenses, as well as political and media crimes. In these cases, the branches are called the Province Criminal Court.

 

General Courts, 2015 to Today

 

With the passage of the new Rules of Criminal Procedure in 2014 and its coming into force in June 2015, general courts underwent certain changes as well. Criminal courts were divided into Criminal Court One, Criminal Court Two, Military Court, Juvenile Court, and Revolutionary Court. Criminal Court One has jurisdiction over serious crimes such as those subject to the death penalty, life imprisonment, amputation, third degree, and higher, as well as political and media crimes. Criminal Court Two has jurisdiction over other crimes. Another change consists of the establishment of juvenile courts, which adjudicates crimes committed by individuals less than 18 years of age. In cases where the individuals less than 18 commit serious crimes such as those subject to the death penalty, however, Criminal Court One will have jurisdiction, observing rules of juvenile criminal procedure.

 

The Appellate System of General Courts, 1979-Present

 

The Legal Bill for the Establishment of General Courts of 11 September 1979, abolished appeal of most criminal courts’ decisions. The law of 1982 restricted the appeal possibility even further. According to the Islamic Republic authorities’ interpretation of Islamic Law, a qualified jurist’s decisions were not subject to appeal except under special circumstances, such as when the judge realized his own mistake, or another judge advised him so, or when he did not have jurisdiction over the case. Even in such situations, the case would not go to a higher court but would be subject to review by the same judge or another judge at his level. The judges were even urged to call their verdicts “opinions,” so that the possible change in the verdict would not be “haram” (“sinful,” the highest level of prohibition in Islam, disobedience of which would result in a sin).

 

In October 1988, the Majles (Iranian parliament) passed a law regarding review of court judgments. This law provided for an appeal if the conviction was claimed to be based on invalid documentation or false testimony. The defendant could also base an appeal on a point of law or a procedural violation.

 

The appellate system was expanded in other laws in the late 1980s and in 1993. The Law for the Establishment of Criminal Courts I and II of 11 July 1989 created the Branches of the Supreme Court. Crimes of less importance, tried in Criminal Court II, were subject to review by Criminal Court I.

 

For the most important crimes involving death punishment, which were under the jurisdiction of Criminal Court I, the law allowed limited appeal to the Branches of the Supreme Court. Defendants had the right to petition the Supreme Court for appeal in certain cases involving false testimony or procedural violations, and if granted, the case would be remanded to either another criminal court or the original one.

 

Finally, the Law for the Establishment of General and Revolutionary Courts of 1994, as amended in 2002, established an appellate court at each provincial capital, called Province Court of Appeals, composed of a three-judge panel, to review decisions made by both general and revolutionary courts. The Supreme Court was designated as the appellate authority for particular decisions, including those carrying the death penalty, as well as decisions made by the Province Criminal Court.

 

The amended law of 2002, continued the appellate procedure to the Branches of the Supreme Court established by the afore-mentioned law of 11 July 1989

 

The Supreme Court continues to be the competent authority to rule on new trials, which have been provided for in limited circumstances.

With the passage of the new Rules of Criminal Procedure in 2014 and its coming into force in June 2015, the Court of Appeals shall be the competent authority to hear appeals from Criminal Court Two decisions, and the Supreme Court shall hear appeals from Criminal Court One decisions.

Special Courts for the Clergy

 

These courts are rooted in a 1979 decree, issued by Ayatollah Khomeini, which established a committee of religious and noble figures in every region to purge the clergy of anti-revolutionary elements under the supervision of the Revolutionary Courts. Between late 1981 and 1984, a special court in the city of Qom handled, though not systematically, the trial of clerics.

 

On 29 July 1987, Ayatollah Khomeini officially appointed a prosecutor and a member of the clergy as Shari’a judge for Special Courts for the Clergy. On 6 August 1990, a directive was issued regulating the conduct of these courts, the jurisdictional ambiguity of which is such that it effectively extends to “anyone where one of the parties is a cleric” and to “all matters in which the Court is designated as competent by the Supreme Leader.”

 

The court, which was not mentioned in the Islamic Republic's constitution, was mandated to try “pseudo clerics, those related to/connected with the clergy, for public and/or anti-revolutionary crimes, and violations of the prestige of the clergy,” and where the principal suspect is a member of the clergy, “any co-conspirator or assistant, whether a cleric or not.”

 

These courts are generally not open to the public and can issue sentences for all acts and omissions punishable under codified Iranian laws or Shari’a or for any other acts or omissions which can bring dishonor to the clergy or to the Islamic Revolution. Further, in certain particular cases – which have not been defined – where no punishment has been devised by either the Penal Code or even the Shari’a, the Court “can rule as it deems fit.” 

 

The Appellate System of the Special Court for the Clergy, 1979-Present

 

There is no information on any appeal process for the Special Court for the Clergy prior to the 1990 directive. Article 49 of said directive set up, however, an appeals court called Special Appellate Court for the Clergy, the head of which is appointed by the Supreme Leader, to which the decisions of the lower court can be appealed.

 

Military Courts

 

The military court system, independent from the judiciary under the previous regime, became a part of it on 1 December 1981. The Judiciary Organization of the Armed Forces, established in 1986, replaced and merged other military courts and tribunals in existence at the time, namely the pre-revolution Judiciary Organization of the Army, the Revolutionary Tribunal of the Army (established on 8 December 1979), and the Revolutionary and General Court for the Revolutionary Guards (established on 15 July 1979.) The Judiciary Organization of the Armed Forces has its own Criminal Code and follows the country’s general rules of criminal procedure.

 

The Law of the Criminal Procedure of the Armed Forces of 15 May 1985 created Military Courts I and II. Military Court I has jurisdiction over more serious offenses, including those punishable by death, and Military Court II hears less serious crimes.

 

The Appellate System of Military Courts, 1979-Present

 

The law of 8 December 1979, establishing the Revolutionary Military Court, did not provide for any appeals. The Law of 15 May 1985 created a system of appeals through the creation of a two-tier system of courts. The decisions of Military Court II were subject to review by Military Court I. This law also provided that multiple Branches of the Supreme Court be designated as the appellate court to review decisions of Military Court I.

 

The judges

 

1979-1997: Prosecutors and judges are not necessarily law graduates and jurists. Shortly after the Islamic Revolution, a five-member Committee was established to purge the judicial system of undesirable elements, pursuant to the Legal Bill for the Modification of the Judiciary and the Law for Hiring Judges of 8 March 1979. The power of the committee was absolute and its decisions, resulting in a widespread purge of the judiciary, final.

 

The Law for the Conditions of Selection of Judges of 4 May 1981 established the conditions of eligibility for judges. The latter were to be hired among men who were legitimate children and had practical commitment to Islam and allegiance to the Islamic Republic. The law, which led to the hiring of clerics and Islamic legal scholars, also allowed hiring practically anyone as a judge who could “obtain the Judicial High Council’s permission.” Moreover, Note 2 of the Amendments of 4 October 1982 to this law allowed widespread employment of seminary students “who ha[d] general knowledge equivalent to a high school diploma” as judges at prosecutor’s offices in general as well as Revolutionary Courts.  

 

By 1989, the judiciary counted about 2,000 new judges trained in theological seminaries (graduates and students) and political appointees, many having replaced judges trained in law schools.

 

1997-Present: As of this writing (2013) the Law for Hiring Judges and its amendments of 4 October 1982, 7 February 1987, and 9 May 1988 are in full force and form the basis for hiring judges. The Executive Rules of Procedure of 22 December 1997 subjected such hiring to passing an entrance examination and successful completion of an apprenticeship program, the duration of which ranges between one and two years. The law does not limit hiring to men only but does not specify in what capacity women will be functioning, other than an advisory one.

Currently, judges are selected in accordance with the Guidelines on the Recruitment, Selection, and Internship for Judicial Candidates and the Hiring of Judges.

 

Dismissal of Judges: From 1979 to 1989, the judiciary was run by the Supreme Judicial Council which was composed of the head of the Supreme Court, the Prosecutor General (both of whom were appointed by the Supreme Leader), and three judges elected by the entire body of judges in the country. The Council had the power to hire and dismiss judges in accordance with the law.

 

The constitutional reforms of 1989 substituted the Supreme Judicial Council with one person, the Head of the Judiciary. The Supreme Leader, whose mandate is not subject to popular vote, appoints the Head of the Judiciary for a 5-year term. The latter has significant power to influence the dismissal of judges. Dismissal cases are referred to three types of disciplinary courts, presided over by judges appointed by the Head of the Judiciary, who has veto power over any decisions made by the relevant courts.

 

Two of these courts, established in 1991 and 2011, are charged with examining the judges’ conduct from a religious and ideological standpoint. The process does not necessarily involve the defendant and the final decision, left to the Head of the Judiciary, is not subject to appeal.

 

Detentions, interrogations, and trials: 1981-1988

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.

Human rights violations

Based on the available information, the following human rights have been violated in this case:

  • 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

  • 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

  • The right to appeal to a court of higher jurisdiction.

    ICCPR, Article 14.5.

  • The right to seek pardon or commutation of sentence.

    ICCPR, Article 6.4.

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.

About this Case

Correct/ Complete This Entry

Reference to the execution of Mr. Ezatollah Foruhi (also spelled "‘Izzat’u’llah Furuhi"), a medical doctor and former Head of Anesthesiology at Mother’s Hospital in Tehran, and seven other members of the National Spiritual Assembly of the Baha’is in Iran, was made by the President of the Central Revolutionary Court in an interview published in Kayhan on 20 January 1982 (30 Day 1360). Mr. Foruhi 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, The Baha’i Question: Iran’s Secret Blueprint for the Destruction of a Religious Community, as well as a report on a press conference by the President of the Central Revolutionary Court in Kayhan Newspaper Nr. 11488 published on 20 January 1982 (30 Day 1360), and other reports provided by the Baha’i International Community.

Mr. Foruhi was a teacher, lecturer and chair of Baha’i classes and meetings. From his youth, he was a member of many Baha’i committees such as Baha’i summer schools, health, education, proclamation, youth, Baha’i studies and publication review. In the mid 1970’s Mr. Foruhi lost his job at Firuzabadi Hospital, Tehran Medical College and later in 1979 at the Mother’s Hospital because of his religious affiliation [Gulistanih, p. 97]. He travelled as a teacher of Baha’i Faith to Africa twice and was appointed as a member of the Auxiliary Board to the Continental Board of Counselors for Asia in 1979. In early 1980 he was elected to the Local Spiritual Assembly of Tehran and after the disappearance of the members of the National Spiritual Assembly, he became a member of that body in August of that same year.

The Baha’is in the Islamic Republic of Iran: Background

The authorities of the Islamic Republic have subjected the members of the Baha'i religious community of Iran - the largest religious minority, with approximately 300 thousand members in 1979(1)- 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.(2)

Persecution of Baha’is in Iran is not specific to the time of the Islamic Republic but it was in this era that it was amplified and institutionalized. During the Revolution itself, supporters of Ayatollah Khomeini attacked Baha’i homes and businesses and in certain instances, even committed murder.

On the eve of his return from France to Iran, in response to a question regarding political and religious freedom of Baha’is under the rule of an Islamic government, Ayatollah Khomeini stated: “They are a political party; they are harmful and detrimental. They will not be acceptable.” The interviewer asked another question: “Will they be free to perform their religious rites?” The Ayatollah responded: “No.” Khomeini had previously “spoken of the Baha’i threat to the Shah’s regime, Islam, national unity, and national security” in various speeches. (Asoo website, October 6, 2015).

Baha’i National Spiritual Assembly After the Islamic Revolution 

In the organizational structure of the Baha’i community, the institution of the National Spiritual Assembly is a body composed of nine individuals that are elected annually with the votes of adult Baha’is in each country. This institution tends to the affairs and issues of the Baha’i community on the national level. The National Spiritual Assembly has the responsibility of guiding, coordinating, and moving forward the activities of each country’s local spiritual assemblies, and establishing contact with Beit-al-Adl (“House of Justice”), the international council of the Baha’i faith, the highest decision-making authority in the world Baha’i community. 

The Bah’I’s Spiritual Assemblies were gradually suppressed. In Baha’I’s literature, the first assemply whose members were kidnapped is commonly known as the First National Assembly. In 1980 and 1981, the First, Second, and Third National Spiritual Assemblies, as well as local Baha’i spiritual assemblies in various cities, including Tehran, Yazd, Hamedan, and Tabriz, were severely persecuted and the majority of their members were executed. In “The Final Message of the Iran National Spiritual Assembly to the Friends of the Country”, the Third Baha’i National Spiritual Assembly, abiding by the principle of obeying the government, announced the closure of the Baha’i organizations, and at the same time, sent an open letter to two thousand well-known and high-ranking government figures asking an end to the arrest, detention, torture, execution, and injustice against Baha’is. (BBC Persian website, October 11, 2015). 

Judicial officials of the Islamic Republic have come up with [unreasonable and unacceptable] justifications for the persecution and the execution of the members of the National Spiritual Assemblies. In a speech on May 28, 1982, Ayatollah Khomeini said: “The Baha’is are not a religion, they’re a [political] party; it’s a party that was supported by Britain in the past, and now it’s being supported by America. They are spies.” (Sahifeye Noor, Volume 17, May 28, 1982).

The Baha’is deny the charge of relations with countries such as Israel, citing “the religious principle of ‘the requirement of staying out of politics’. They say that religious relations know no bounds, and that the Iranian Baha’i Spiritual Assembly has done nothing, and taken no action, against the Islamic Republic”. (Asoo website, August 9, 2015). 

It must be noted that the Beit-al-Adl was established in Haifa at a time where there was no such country as the state of Israel. The founders of the Baha’i faith, Baha’ollah in particular, had no choice but to leave Iran in the latter part of the 19thCentury under pressure and persecution, and to turn to Turkey and Iraq. 

Baha’ollah did not escape persecution under the Ottoman Empire either. He was imprisoned for a time in present day Turkey and was released in 1908. In 1909, Baha’ollah transferred the body of Ali Mohammad Baab – who had been executed in Iran in 1850 – to Beit-al-Adl. A short time before the start of the First World War, Baha’ollah settled as the leader of the Baha’is in Haifa, a city where Beit-al-Adl is located, and began to tend to the affairs and the issues of the Baha’i community. After World War I, when Palestine was under the British Mandate, the Baha’i community remained safe from persecution. (Boroumand Center research). 

Arrest and detention

Mr. Foruhi was arrested on December 14, 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 not to draw attention to their gathering, as was often the case during the early days of the revolution. A few minutes after the first two guests left, they were arrested by revolutionary guards who had surrounded the house. The guards then entered the house to arrest Mr. Foruhi, the rest of the members of the National Assembly and the hosts. They held Mr. Foruhi 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 Mr. Foruhi 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 the Davudiyeh neighborhood.

According to reports by two survivors, the morning after his arrest, the authorities gathered Mr. Foruhi and the nine other Baha’is arrested in an interrogation room and ordered them to fill out a questionnaire about names of Assembly members, the relationship of the Baha’is to Israel, and the amount and location of Baha’i funds. The authorities interrogated him several times during his detainment.

Trial

The authorities provided no information to Mr. Foruhi’s family regarding his 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 Mr. Foruhi 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 Mr. Foruhi with any information regarding his charges. However, the above-mentioned document from the Chief Prosecutor’s Office indicates his 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 radio broadcasters 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.”

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 wrongfully 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."

Evidence of guilt

No information is available on the evidence presented against the defendant.

Defense

No information is available on Mr. Foruhi'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.

The representatives of the Baha'i community stress that their members are being persecuted for their religious beliefs. 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.

Judgment

The authorities provided no details regarding Mr. Foruhi’s judgment to his family and there are no eyewitness reports available. However, based on the Prosecutor’s Office communiqué published in Kayhan on December 28, he 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, Mr. Foruhi was found guilty of espionage for Israel and its supporters. [Kayhan, p. 15, Wednesday 20 January 1982, Nr. 11488]

Mr. Foruhi was executed on 27 December 1981 (6 Day 1360) but the authorities did not notify his family. An official of Evin Prison informally telephoned family contacts, following which survivors visited the Behesht-e-Zahra cemetery and found his 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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1- ‘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.
2- 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.

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