Hengaw special report – escalating legal and economic repression of Baha’i adherents in Isfahan under article 49
Hengaw – Sunday, July 27, 2025
Amid growing state pressure on Iran’s Baha’i community, at least 22 Baha’i adherents in Isfahan Province are facing coordinated legal and economic persecution through Article 49 of the Islamic Republic’s constitution. In addition to criminal charges, separate cases have been filed against them in Article 49 courts—without formal notice or access to legal counsel—leading to property confiscations and bans on all financial transactions.
According to reports received by the Hengaw Organization for Human Rights, over the past year, multiple Baha’i adherents in Isfahan have been summoned to a special court operating under Article 49. These individuals have since been barred from buying, selling, or transferring property and vehicles. In several instances, their vehicles have been immediately seized upon identification in public.
Sources familiar with the cases report that the court—presided over by Judge Morteza Barati—issued “prohibited from transaction” rulings shortly after each case was opened. Confiscation orders have already been executed against several individuals.
Judicial secrecy and violations of due process
Many of these Article 49 cases were never registered in Iran’s official judiciary system, and the defendants' lawyers have been denied access to the case files. This lack of transparency constitutes a clear violation of due process and deprives the accused of their right to legal defense—raising serious concerns over ongoing discriminatory practices against Baha’i adherents.
What is article 49?
Article 49 of Iran’s constitution authorizes the government to confiscate wealth obtained through “illegitimate means,” including usury, bribery, embezzlement, gambling, misuse of government contracts, or operating immoral establishments.
While intended as an anti-corruption tool, Article 49 has increasingly been used—particularly by the Execution of Imam Khomeini’s Order (EIKO)—as a legal pretext to seize assets from religious and ethnic minorities.
In the case of Baha’i adherents, enforcement has occurred not on the basis of financial evidence but solely due to their religious identity—without due judicial process.
Systematic discrimination against the Baha’i community
The Baha’i community in Iran has long faced institutional discrimination, including denial of access to higher education, bans on employment, economic restrictions, and the confiscation of property. These practices violate international human rights standards and reflect a sustained effort to erase the Baha’i presence from public life.
Beyond legal and economic restrictions, Baha’is have repeatedly been subjected to fabricated charges, home raids, threats, and the unlawful seizure of personal belongings. These actions aim to intimidate and isolate the community, and to limit its civic and economic engagement.
Economic persecution in Shiraz
In May 2025, dozens of Baha’i shopkeepers in Shiraz were summoned, interrogated, and charged for closing their businesses in observance of a Baha’i religious holiday. Security agencies labeled the act “promotion of a misguided sect” and deemed it “propaganda against the state.”
This action came despite the fact that Baha’i religious holidays are permitted under Iran’s commercial regulations. The community observes only nine religious holidays annually. Such incidents are part of a broader campaign of targeted economic repression against religious minorities amid Iran’s deepening internal crisis.
New wave of pressure following Iran-Israel conflict
Following the outbreak of war between Iran and Israel, a renewed wave of arrests and security pressure has swept across the Baha’i community—particularly in Isfahan. Security forces have raided dozens of homes without presenting warrants, confiscated mobile phones, laptops, and other personal items, and subjected families to psychological threats and intimidation.
The Hengaw Organization for Human Rights expresses deep concern over the ongoing and escalating repression of the Baha’i community in Iran. Hengaw calls for immediate international attention and action—particularly by the UN Special Rapporteur on Freedom of Religion or Belief—to address these widespread and systematic violations of fundamental rights.
