Appendix 2
To the chief prosecutor of the Revolutionary Islamic court of Tehran
Mr. Nayyeri
Ref: judgment No.DGAM 29640 data to 29/8/72
issued by the 6 revolutionary court
A copy of the above mentioned judgment has been received and reviewed. It is appalling that a judgment so based on lies and unlawful considerations is written under a heading of justice. If it is issued by mistake amend it, and if it is issued on purpose to take property, know that the penalty of a corrupt Judge shall be most heavy in this world. Know that it was Mazdak, who for the first time in the land of Iran, wanted to take possession of peoples' properties and women, and today after 1500 years the Islamic Revolutionary court is following Mazdakite principles and has engaged a process that will lead to unbounded corruption. Today it takes the properties of those who have gone abroad, tomorrow the properties of those who are away from the city, and the day after from those away from their street. Beware of the day that your own Mazdakite followers will take advantage of a few hours of absence to take your own "household" into their "custody."
The lies and illegalities in your issued judgment that you have concluded to be correct and have affirmed are as follows:
1 -- the present judgment is based on the alllegation that members of my family have left Iran before the Revolution, and have taken residence in the land of infidels. Of those named, one is my father Samad Soudavar son of Mohammad, and another Soudabeh Soudavar, supposedly my daughter. I must bring to your attention that my father died in the year 1333 and is still buried into Iran, and the only daughter that the Lord has given me is named Sara, she was born after the revolution and an outside Iran, she has never been in Iran, and therefore has never left it, and none of the properties enumerated therein belong to her, and as for me, I left Iran after the revolution and not before. So much so for the correctness of facts.
2 -- the judgment is based on an order dated 17/7/70 from the Supreme Leader. What you are naming an "order" is neither documented nor reproduced anywhere so that its content can be investigated and its relevance to this case be established. In any case, it cannot negate the principal of ownership, and if it refers to an answer from the Supreme Leader concerning a specific case of abandoned property, know that its extrapolation to other cases is not permitted, especially when the properties enumerated in the judgment are not abandoned properties but are properties that have been in our possession at all times, their taxes, utility bills and gardener salaries have been regularly paid. Therefore the proposition that these properties were "in the control and under the management of Bonyad Mostazafan" is pure lie. And if some share certificates have been and been handed to the Bonyad Mostazafan by the treachery of one of our former employees, it should not have any consequences, and does not create any right for Bonyad Mostazafan, because the prime indicator of ownership of shares is the company's records. The presence or absence of shareholders, especially for public companies like the Dana Insurance Company, has nothing to do with the day to day running of the company, and the pretense of management of such shares is not acceptable, and I have delivered a complaint to that effect sometime before (see appendix 1). The most egregious claim of share management is that of the Khawar Industrial Group, a company that according to the decree of the Revolutionary Committee was nationalized 1358 and is now in the custody of the government of the Islamic Republic of Iran. Oone of the outcomes of this glorious revolution is that whatever was decreed to be taken was immediately taken, but the commitment to pay compensation contained in the same decree were never honored, and 3000 shareholders of Khawar including myself are still waiting for compensation (appendix 2).
3 -- in the letter dated 11/9/72 to Bonyad Mostazafan, it has been specified that the Fifth of the value of the properties must be deposited in the account 3466 of Melli Bank. The payment of the Fifth is a religious duty, and not a legal duty. Know that whatever taxes, including taxes on revenue, that I had to pay was always paid, and even the last check that I paid before leaving Iran was a check in the amount of 12 million Rials to cover the taxes on revenue of that year. I must point out that the number of people who, before the revolution, were playing taxes on revenue, did not go above 2000 (and 6 out of those were members of our family) and today there are not many of those in power, including yourself, who obey the law and file a tax return. Know that, nobody can force one to pay the Fifth, especially a Fifth based on inherited properties, legally owned real-estate, shares, from capital as opposed to revenue. And if I have to pay the Fifth, I know how to pay to "the progenies of the Prophet, the orphans, and the poor," and do not need the Prosecutor Judge to do it for me.
4 -- know that what you call the land of infidels has more than six million Muslims and 1 million Iranian, and many representatives of the government of the Islamic Republic of Iran live here; according to this judgment all their possessions must now be taken.
And know that, if I write so boldly and do not fear the lies and accusations of the revolutionary court, it is the because I left Iran with pride, for I taught mathematics without any compensation for eight years at the faculty of science of the University of Tehran, and as the president of Khawar Industrial Group, I left a company that was exemplary: it was financially sound and profitable, it produced a product namely trucks that were really needed and 55 percent of its content was produced locally, and it was priced 25 percent under Mercedes-Benz of Germany, its vocational school produced hundreds of skill labor for the Iranian community and it was a company with more than 3000 employees, many skillful enough to be managers of governmental institutions today including banks and ministries. Match it if you can!
And if today I live abroad, I'm still an Iranian, and hold my head high because in pursuing a family tradition in philanthropy and cultural activities, I have engaged in the path of bringing the Iranianculture to the attention of the people of this "land of infidels" and have won much praise and accolades from the people and the media.
And know that, whatever shall be done according to his judgment is the illegal, and rightful ownership cannot be altered. "God All Mighty will not waste what is due to the good ones."
Signed: Abolala Soudavar
Houston -- 11 shahrivar of 1373
Copies: to the President, the Speaker of the Parliament, the Title Institution
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