RAISING ONGOING BAHA,I PERSECUTION WITH THE GOT

C O N F I D E N T I A L STATE 010748

SIPDIS

E.O. 12958: DECL: 02/02/2020
TAGS: PHUM PREF PINS PREL TU IR
SUBJECT: RAISING ONGOING BAHA,I PERSECUTION WITH THE GOT

REF: ISTANBUL 0006

Classified By: EUR PDAS NANCY MCELDOWNEY FOR REASONS 1.4 (B) AND (D)


1. (U) This is an action request; please see paragraph 3.

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BACKGROUND
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2. (C) Seven Baha,i community leaders arrested in March and
May 2008 in Iran are currently on trial in a revolutionary
court in Iran. After being postponed twice, the closed
session trial began on January 12, but subsequent dates for
further trial proceedings are not known. Nobel Laureate
Shirin Ebadi who advocated on behalf of the Baha,i seven
said in a Washington TV interview on January 13 that Iranian
authorities allowed only two of the defendant,s lawyers into
the courtroom. The seven are charged with espionage and
propaganda activities against the Islamic order, the
establishment of an illegal administration, cooperation with
Israel and the sending of secret documents, acting against
the security of the country and &corruption on earth.8
There is no evidence against them, but the charges represent
commonly levied and unsubstantiated accusations against
Baha,is


3. (C) Reftel A notes that the Baha,i community is worried
that the Iranian government is speeding up the judicial trail
in an attempt to win quick convictions. Our Baha,i contacts
also tell us that the Iranian government is issuing sharp
rhetoric blaming the Baha,i organization for recent unrest.
Baha,i rights organizations also note that arrests of
Baha,is continue, including 12 during the Ashura protests on
December 27. Currently, we are aware of at least 48 Baha,is
imprisoned in Iran.

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Action Request
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4.(C) In light of Turkey,s pragmatic relationship with Iran
and its generally good relations with the Baha,i community
residing in Turkey, the Department believes that discrete
Turkish engagement could -- at minimum -- secure some
additional legal rights for the seven Baha,is. Iran has
been responsive to international pressure in the past, and
Baha,i contacts tell us repeatedly that high-level
engagement through public statements or requests usually
results in a minor improvement for the detainees, whether it
be additional time with lawyers or family visits.

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Suggested Talking Points
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5. (SBU) Suggesting Talking Points:

-- International concern is mounting over the fate of the
seven Baha,i leaders currently facing trial in Iran. The
EU, USG, Canada, and Brazil expressed their concern over the
treatment of the Baha,is.

-- Iran,s continued persecution of Baha,is and other
religious minorities, including Muslims, is damaging Iran,s
international standing and undermining the perceived justice
and the legitimacy of the Government.

-- We urge you to use your discussions with Iran to help
improve the situation and fate of the seven imprisoned
Baha,i leaders in Iran and underscore the concern of the
international community.

-- Our Baha,i contacts tell us that high-level intervention
can improve conditions of the Baha,is in jail, as
authorities often grant additional family or lawyer visits to
the detainees in response.

-- The seven Baha,is have not been afforded their legal
rights under Iran,s own constitution or received their legal
protections under the International Convention on Civil and
Political Rights, to which Iran is party.

-- The seven have had limited access to their lawyers,
authorities detained one of their attorneys, and the
attorneys have not had access to the state,s evidence.
Pre-trial hearings were held in private, which is also
contrary to Iranian law. (NOTE: The Baha,is believe that
access to lawyers, although limited, was only granted because
of international pressure coming from countries like the U.S.
END NOTE.)

-- Raising this issue could help persuade the Iranian
government to allow the Baha,is to exercise legal rights
under Iranian law.

-- We urge Turkey to ask Iran to halt its discrimination
against the Baha,is. Recent statements that have appeared
in Iranian state-controlled media and newspapers like
&Kayhan8 and from religious figures fuel intolerance. Ask
that the Government of Iran tone down its rhetoric against
the Baha,is.

-- If the trial proceeds in a manner that continues to deny
the Baha,i defendants their legal rights (or in the worst
case, condemns the seven to death),it will further tarnish
Iran,s international standing and may complicate Turkey,s
engagement with Iran.


6. (U) Department appreciates post,s assistance in this
matter.


7. (U) Department requests timely responses. Please send
responses to Alexander Shrank, EUR/SE; Laura Carey, DRL/AE;
Jill Hutchings, DRL/NESCA; Justin Kern, DRL/IRF; and Michael
Spring, NEA/IR.
CLINTON