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JOINT COMMITTEE ON FOREIGN AFFAIRS (Sub-Committee on Human Rights) debate -
Thursday, 13 Jan 2011

Imprisonment in Iran of Members of Baha’i Community: Discussion with Baha’i Community in Ireland.

I welcome the delegation, Mr. Brendan McNamara, chairman of the National Spiritual Assembly of the Baha'i of the Republic of Ireland and Ms Alison Wortley, secretary of the assembly.

Members of this sub-committee and members of the Joint Committee on Foreign Affairs are very familiar with the good work of the assembly and the manner in which it has highlighted the plight of the Baha'i community in Iran. The sub-committee has met with Mr. McNamara and Ms Wortley on a number of occasions. The Baha'i community is the largest non-Muslim minority community in Iran and currently seven of its leaders are in detention since 2008.

I invite the delegation to provide the committee with some background to the detention of these members and also to give their views on how best the committee might support the protection of human rights and religious freedoms in Iran.

By virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of the evidence they are to give this committee. If a witness is directed by the committee to cease giving evidence in relation to a particular matter and the witness continues to so do, the witness is entitled thereafter only to a qualified privilege in respect of his or her evidence. Witnesses are directed that only evidence connected with the subject matter of these proceedings is to be given and witnesses are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise nor make charges against any person or persons or entity by name or in such a way as to make him, her or it identifiable.

Members are reminded of the long-standing parliamentary practice that they should not comment on, criticise or make charges against a person outside the House or an official by name or in such a way as to make him or her identifiable.

There may be a vote in the Dáil and I may have to leave the meeting. I wish to say to the delegation that the position of the Baha'i community is being raised by way of parliamentary question next Thursday.

The members of the delegation will know there is an amount of political activity and the political atmosphere is slightly charged at the moment and may be so for a period of weeks and months. As a result there is pressure on members. However, they are able to monitor committee proceedings by means of television monitors and they will be provided with a transcript of proceedings at a later date.

There is a vote in the Seanad now. I invite Deputy Higgins to take the Chair while I go to vote and I will return immediately following the vote. If there is a vote in the Dáil there will be no option but to suspend the meeting.

Deputy Michael D. Higgins took the Chair.

I invite Mr. McNamara to proceed with his presentation.

Mr. Brendan McNamara

I wish to express our gratitude as Irish Baha'i members for the continued interest of the committee in the persecution of our co-religionists in Iran. I propose to give the committee a background outline regarding the particular case of the seven former leaders who are now incarcerated.

Since the committee's kind invitation to appear at this meeting was issued, there has been growing international support for the call of the Baha'i international community issued in an open letter addressed to the head of the judiciary in Iran, Ayatollah Larijani, dated 7 December 2010, for the release of the seven former leaders of the Baha'i community. This international condemnation of Iran's treatment of the seven former leaders includes specific mention of their case in a resolution passed at the UN General Assembly in late December. The Minister for Foreign Affairs, Deputy Micheál Martin, has also issued a very clear statement of support in a written response to a parliamentary question on the last day of the Dáil sitting before the Christmas recess.

We are particularly concerned for the well being of these seven former leaders of the Baha'i community in Iran: Fariba Kamalabadi, Jamaloddin Khanjani, Afif Naimi, Saeid Rezaie, Mahvash Sabet, Behrouz Tavakkoli and Vahid Tizfahm. They were arrested in mid-2008, held without charge for months and denied proper access to lawyers or regular visitation from their families. When finally charged with unsubstantiated crimes, in particular, the capital crime of spreading corruption on earth, the seven Baha'i members categorically denied the charges. Their lawyer, Nobel laureate, Shirin Ebadi, is quoted as saying that the charges were "without cause or evidence". The only charges upheld were that these Baha'is had ministered to the social and spiritual needs of their religious community and yet the Government has known of the role they fulfilled for the past 20 years. To suddenly brand their work as illegal is baseless and unjust. The Iranian judiciary distorted the peaceful religious beliefs of the defendants and sought to criminalise their benign service to the Baha'i community. This is a brazen contravention of freedom of conscience and belief, which is safeguarded by Iran's own constitution, by the Universal Declaration of Human Rights, and by the International Covenant on Civil and Political Rights which Iran has ratified.

Not only was there no proof for the charges brought against these Baha'is, but the treatment they received during their detention and trial violated every legal norm and standard of fairness. Officials from the Iranian Ministry of Intelligence used interrogation methods that disregarded the standards of civilised behaviour and they were still unable to extract false confessions. During the trial, the judge declared the proceedings open and public and then refused to grant requests to attend the trial from family members and international observers. Journalists were excluded but Government cameramen and intelligence agents were an active presence. The trial was devoid of impartiality and exposed the absurdity of Iran's claim to be a champion of human rights.

The plight of these seven individuals represents an ongoing campaign of state-sponsored persecution of the largest religious minority in Iran and their experience mirrors that of countless Iranians in general. Their individual ages range from 37 to 77. Some have ageing parents and all have children, the youngest of whom was only nine when his father was arrested. They come from across the country. Their professions are also varied: psychologist, industrialist, manufacturer, engineer, social worker, optician. The Islamic Republic of Iran would like the world to forget about these prisoners, their long-suffering coreligionists, and the countless other victims of human-rights abuse in that country.

The seven Baha'is are now incarcerated in Gohardasht prison, near Karaj. This facility is notorious for its appalling conditions and the privation of adequate facilities for basic personal hygiene. They are being held in prison cells that make it difficult to lie down, or even to perform their daily prayers. The prison is overcrowded, with reports of inmates being forced to sleep in corridors. These inhuman conditions contradict the Islamic republic's professed principles of Islamic compassion and justice.

As one commentator wrote recently, "The Baha'is in Iran are not "others"; they are an inseparable part of the Iranian nation". The injustices they have suffered reflect the oppression that has engulfed the nation. If the leaders of the Islamic Republic of Iran could respect the rights of Iranian Baha'is, it would signal their willingness to respect the rights of all Iranian citizens. The Baha'i community calls for the release of the seven Baha'i prisoners, and the dozens of other Baha'is incarcerated throughout the country. Our call is not limited to Baha'is. The Iranian Government must respect the rights of all Iranian people. This is no more than what the Islamic republic asks on behalf of Muslim minorities in other lands. Baha'is merely seek the same treatment.

We would be grateful for any action the sub-committee could take to support this call.

Does Ms Wortley intend to add to this, or will we proceed?

Ms Alison Wortley

Mr. McNamara has covered it very well. We were asked what the sub-committee might be able to do. One helpful action would be to put a resolution forward calling for the release of these seven prisoners. They are seen as a kind of test case and there is much focus on them and their families by the Iranian authorities. They are using these seven to show how they intend to put down the Baha'i community in Iran, so that puts the prisoners under particular pressure.

I wish to add my own support for such a resolution. I do not anticipate any difficulty with the resolution from colleagues. There will be some value added to the presentation if the resolution is adopted today, as I have a parliamentary question to the Minister for Foreign Affairs next Thursday on the position of the Baha'i community and the imprisonment of its members in Iran. Members of the committee have raised this on previous occasions in Parliament, and on a previous occasion when we had a meeting with the Iranian ambassador. We also raised it when we had an informal meeting with the Deputy Minister for Foreign Affairs of Iran. We put forward all of these issues on those occasions.

An interesting issue beyond that raised by the witnesses arises in respect of a human rights sub-committee. Are human rights conditional on their implementation by a sovereign state? The UN is composed of sovereign states, but if human rights are to be vindicated, then we have to be able to defend them across borders. We have, as it were, a kind of cosmopolitanism of human rights that is very important so that we can defend the rights of individuals anywhere. That is a point made strongly by academics such as Professor Jürgen Habermas and others. It is a policy issue and I can assure the witnesses that we will agree the resolution that they propose. We may also convey our message on the international setting in respect of Geneva, where it will have some value. We will also convey it to the UN Human Rights Commission with our resolution.

I am familiar with the Baha'i community for a very long time. More than 30 years ago when I was in the US, there was a large number of them in the music community and the artistic and cultural sectors. They first introduced me to thinking about the Baha'is in the mid-west of the United States.

When we raised these matters with the Iranians, the accusation made was that the Baha'is had been talking to foreigners and others, and for that reason they did not fit into the frame of an intolerant theocracy. The letters sent by the Baha'is to the Iranian authorities have been very moderate and very considered.

Mr. Brendan McNamara

We deeply appreciate what the Acting Chairman has said and the actions the committee has taken. We feel that these actions make a difference. The more we focus attention on this issue, the more the Iranian authorities will see that it is not forgotten and the more they are likely to act in a way that we feel they should. It has a real effect on the ground. As Baha'is in Ireland, we continue to be grateful for the interest shown by the committee and for the actions that it has taken. We thank members for giving us the chance to come here today to make our plea on behalf of these imprisoned former leaders of the Baha'i community in Iran.

We will be happy to send the witnesses a copy of the resolution tomorrow for their records. On behalf of the Chairman, who is involved in a vote, I thank the witnesses for their informative presentation and their reminder of the importance of continuing to support their work, which we will do. In our message, we will name the individuals concerned who are imprisoned, in particular the younger people involved.

Mr. Brendan McNamara

It will mean a lot to the people named that we in Ireland are not forgetting them in their predicament.

We are happy to do so, and we thank the witnesses again.

The sub-committee adjourned at noon sine die.
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