Conversation with Simin Rouzgar

Peyman Haji Mahmoud Attar is a graduate of law and a member of the legal advisors of the judiciary. He has been representing individuals and prominent organizations such as Ali Motahari and the Teachers’ Guild. He is also one of the plaintiffs in the case of Saeed Mortazavi.

This attorney, who is a member of the judiciary, in an interview with the monthly magazine “Khat-e-Solh” about corruption in the country’s judicial system, while mentioning the current problems of this system, such as the ambiguity and generality of some laws, emphasizes the role of journalists in combating corruption and says: “If our officials fear exposing their violations through group media and public awareness, they will never deviate from ethical and legal standards.”

Peyman Haji Mahmoud Attar also adds: “We do not have a shortage of laws regarding monitoring the behavior of judges and agents in our country; the fundamental problem is the lack of attention from the executors to the approved laws.”

How do you define corruption in the judicial system of Iran? To what extent have legal loopholes and lack of a transparent monitoring system contributed to corruption in the judiciary?

There are several factors that can be identified for the current problems of the country’s judicial system. One of these problems is the ambiguity and generality of some laws, especially criminal laws. In other words, the words and phrases used in some criminal laws do not have a clear and explicit definition, identity, and nature, and this ambiguity and lack of transparency in the mentioned phrases causes both individuals who are prone to committing crimes and judicial authorities to interpret these laws in their own favor. Unfortunately, this issue is more common and prominent in criminal laws related to security crimes. We have often seen individuals being arrested and prosecuted by revolutionary courts and revolutionary prosecutors under the pretext of collusion to disrupt the country’s internal or external security, as well as engaging in propaganda against the system, and many of these individuals are sentenced to various punishments, especially long-term imprisonment. However, when we refer to the interpretations of criminal law professors, we realize that the majority of interpretive books of criminal laws are critical of the ambiguity

The second factor that has caused some of the current problems in the Iranian judicial system is the lack of enforcement of laws. In our country, there are many laws that have been enacted to prevent corruption and crime, whether by citizens, officials, or judicial authorities. However, unfortunately, due to the lack of attention from those in power to the laws that they themselves have passed, we are witnessing an increase in legal cases, especially cases of administrative and financial corruption, in both government and non-governmental institutions. One example is the Freedom of Information Act, which was passed by the Islamic Consultative Assembly in 2010 and was officially announced through the country’s official newspaper after being approved by the Guardian Council for compliance with Islamic law and the Constitution. If this law is implemented and citizens have free access to information from ministries, organizations, government agencies, and even court rulings, which are final and publishable in the media, it will undoubtedly prevent a considerable amount of administrative and official corruption. Another important

In the perspective of public law and theories of democracy, instead of the three branches of government, namely the legislative, executive, and judicial branches, we have four branches. In fact, in democratic and advanced countries, there is a fourth branch called the media. In simpler terms, the media and people’s participation through these media are so widespread in these countries that lawyers and legal philosophers consider the power and influence of the media equivalent to or even greater than the legislative, executive, and judicial branches. The role of a journalist, magazine, or newspaper can be much more powerful than that of a judge, a law, or a regulation. If our officials – whether legislators, executives, or judicial officials – fear exposure of their misconduct through the media and public awareness, they will never violate ethical and legal standards. Unfortunately, in Iran, despite the existence of extensive laws, the role of the media is very limited. Instead of giving more value to journalists and the media as the fourth branch of government,

In your opinion, to what extent has the Iranian judicial system stood against various forms of corruption among judges? As you may be aware, in December of last year (1395), Mohammad Jafar Montazeri, the Attorney General of the country, warned about corruption among Iranian judges, but on the other hand, he and other high-ranking officials of the judicial system in Iran have repeatedly complained about critics of the judiciary. Is there any serious determination to combat this type of corruption in the country?

Fortunately, in the past months, we have witnessed a more serious approach from the judiciary towards corrupt judges and employees. The reason for this stricter approach towards these individuals is that, fortunately, after the JCPOA agreement and Iran’s presence in the international diplomatic arena and the enthusiasm of capable economic and commercial companies to participate in Iran’s construction and executive projects, it has become clear that the country’s economy and commercial activities must become more transparent.

One of the ways to standardize and make the economy and commerce of a country transparent is to reduce violations and crimes and decrease the number of legal cases in that country.