In December 1978 – before the start of the Islamic Republic government, and even before the arrival of Ayatollah Khomeini as the founder of the new government in Iran – Dr. James Cockle, a professor at Rutgers University in America, conducted an interview with Ayatollah Khomeini about the Baha’is. In this interview, he asks: “Will there be political and religious freedoms for the Baha’is in the future government?” Mr. Khomeini responds to this question by saying: “Freedom will not be given to those who are harmful to the country.” In another question, he asks: “Will there be freedoms for their religious ceremonies?” In response to this question, he also says: “No.” (1)

Furthermore, in a confidential document approved in 1369 (1990) and discovered during Ronaldo Gallindopel’s trip, the Special Human Rights Reporter to Iran (taken from the “Asu” website and the “Abdul Hussein Tasslimi” Foundation), the official policy of dealing with Baha’is in Iran is determined with the general goal of blocking their progress and development. This document, under three main headings of the overall position, cultural, legal and social status of Baha’is in the national system, specifies in 13 articles. Even a proposal and plan have been considered to combat and eliminate the cultural roots of Baha’is outside the country.

In the following years, this behavior continues; until the second term of the presidency of Khatami, when the Baha’is of Iran are allowed to register their marriages on their birth certificates, on the condition of writing a declaration in the offices of official registration (not marriage and divorce offices) and also having the right to obtain a passport and leave the country, which had been denied to them for 23 years, is returned.

Discriminatory behaviors like these raise the question of what other factors in the constitution or Islamic penal code may lead to the government’s aggressive treatment of the Baha’i community, in addition to the confidential document mentioned above. To answer this question, it may be better to take a general look at the laws passed by the Islamic Republic.

According to Article 4 of the Constitution, all civil, criminal, financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic standards.

Article 19 of the Constitution declares that the people of Iran, regardless of their ethnicity or tribe, are entitled to equal rights and that factors such as race, color, language, and the like shall not be a cause for discrimination.

In Article 19, the word “religion” is not explicitly mentioned, but upon further review, principles 4 and 19 of the constitution, discrimination based on religion, especially according to Islamic laws, is acceptable.

Article 36 of the Constitution of the Islamic Republic of Iran also states that “the issuance of punishment and its execution must only be carried out through a competent court and in accordance with the law.”

As visible in this principle, for the punishment of individuals and its execution, only the law must be referred to. Therefore, the next question may be, in what cases are the rulings of authorities applicable to the verdict of punishment and the like?

The legal basis of crimes and punishments is recognized in the Constitution of the Islamic Republic of Iran; however, according to Article 167 of the Constitution, in cases of legal vacuum, the judge is obliged to refer to valid Islamic sources or fatwas. The fundamental question in this regard is whether, despite Article 36 and other principles related to the legality of laws, Article 167 also applies to criminal cases or is it only applicable to civil cases? In this regard, four major views have been raised.

According to the first perspective, Article 167 is only applicable to civil lawsuits; because Article 36 has assigned Article 167 to this purpose. Based on the second perspective, Article 167 also includes criminal lawsuits, but only in terms of formal laws and not substantive laws. According to the third theory, this article is only related to determining criminal matters and not criminalization and punishment. According to the fourth perspective, in addition to civil lawsuits, Article 167 also includes criminal lawsuits and the judge can use it to prosecute a crime.

It is easy to find evidence in this principle, especially in its fourth interpretation, of the definite rulings that have led to the closure of businesses during their religious holidays or the expulsion of individuals from their workplace, university, and even school. In cases such as the “Ms. Mohammadi-Fard extortion” in Kurdistan, where even permission for her burial in the eternal garden of Sanandaj was not granted, can be obtained.

Furthermore, regarding the confiscation of Baha’i properties, Article 49 of the Constitution is also notable, which states that by virtue of it, with the appointment of individuals belonging to the Baha’i community as spies for Israel (solely because of the presence of a part of Baha’i holy lands in Haifa – current Israel – which were under Ottoman rule before the formation of the state of Israel and were referred to as holy lands at that time), Article 49 of the Constitution – as described below – is more strictly enforced against this community in the early days of the revolution, in the form of changing the use of the properties to seminaries or government and semi-governmental institutions, and less strictly in the years following the destruction of a part of the properties and the like, and it states: “The government is obligated to seize and return the wealth acquired through usury, extortion, bribery, embezzlement, theft, gambling, misuse of endowments,

“من می‌خواهم بهترین نسخه خود باشم، نه برای کسی دیگر، بلکه برای خودم.”

“I want to be the best version of myself, not for anyone else, but for myself.”
A Baha’i citizen’s tweet addressed to Hassan Rouhani.

During Mr. Hassan Rouhani’s government, which was formed in 2013 as the government of prudence and hope, the promise of implementing the Charter of Citizens’ Rights was given. The two main focuses of this charter were “freedom of expression in society” and “the non-security of university spaces”. However, as stated in the report of the International Baha’i Community in November 2016, since Hassan Rouhani’s presidency in Iran, thousands of articles and writings against Baha’is have been published, 151 individuals have been arrested, and 388 cases of economic and educational discrimination against Baha’is have been reported.

This report states that despite the government’s commitment to combatting inappropriate treatment of religious groups and minorities in Iran by President Hassan Rouhani, the situation for these citizens has significantly worsened.

Furthermore, more than 20,000 pieces of “hateful propaganda” against the Baha’is have been published in national media. One example of this is the program “Chess with the Devil” which aired every day at 2 PM on Radio Iran in 2014 and was produced by Farajollah Salhashoor.

The International Baha’i Community has also declared that in Iran, thousands of Baha’is are still being prevented from entering universities, and during these three years, at least 38 of them have been expelled from universities.

The re-election of Mr. Hassan Rouhani in Ordibehesht 1396 raises the question of whether he will bring about improvement in the situation of the Baha’i community by the year 1400 or if he will reduce the intensified pressures on the Baha’i community in Iran.

Note:

• The interview of Ayatollah Khomeini with Dr. Jim Cockle, professor at the University of Rutgers, America, on January 7, 1979, in the book “Noor”, volume 4, page 108.