“In a place where there are no rules for chaos to be accepted, chaos must first be integrated into the legal system through the creation of a zone of indistinction between inside and outside, between chaos and normalcy – that is, through an exceptional state. In order for there to be a relationship to something, what is outside the relationship must be assumed as the default and yet a relationship must still be established with it. Thus, the state of exception is simply a manifestation of the formal structure of legal relationships. In this sense, the decision of the ruler regarding the exception is the initial political-legal structure from which both the integrated and excluded elements of the legal system derive their meaning. Therefore, the state of exception is the fundamental principle of any legal positioning, as it is only through the state of exception that a space can be opened in which the determination of a specific legal system and a defined territory becomes possible. Thus, finding and establishing a place for oneself within the state of exception is

The people’s protests in Iran against the rule of the Islamic Republic continue in both large and small cities of Iran and the world, despite severe suppression. The rising waves of these protests have disrupted the revolutionary situation and made a return to the previous order impossible.

Governance, which for years has resorted to the exceptional situation or the “current sensitive period”, has violated the constitutional law and the laws that guarantee citizenship rights. This time, it is truly facing the collapse of social order and widespread civil disobedience of the people, and sees its continued existence on the altar of new regulations that barely protect the civil and political rights of the people.

“The first plan to restrict the exit of students in case of misconduct was brought up by some members of parliament in public spaces in the country. Then, talks about organizing public gatherings emerged, followed by another plan that imposed new restrictions on women leaving the country, which was met with criticism. The executive regulations for the government’s asset generation also violated the rights of the people in an astonishing manner. In the midst of this, the Judiciary Commission of the Islamic Consultative Assembly proposed adding an article to Article 512 of the fifth book of the Islamic Penal Code, which states that anyone in a position of employment, social, political, familial, academic, cultural, or military status in society, who speaks, gives interviews, writes articles, messages, or notes in real or virtual space, about matters that require an official opinion and have not yet been officially declared, and their statements are contrary to reality, causing widespread backlash and severe disruption to the public order of the country, insecurity, or causing major harm

Although so far no practical and serious action has been taken to approve this plan and it seems that among the internal campaigns of the regime, its fate has not been determined and a consensus has not been reached, but the mere proposal of this text as a reflection of the language, thought, level of legal literacy and determination of the representatives of the parliament as part of the government’s rule to suppress the people and eliminate the remaining freedoms is very concerning and alarming.

Apparently, the implementation of this plan is seen by the representatives of the parliament as a threat to humanity, as if it is a wild and thoughtless creature that can suddenly be taken out of the hands of current rulers by artists, athletes, and others, and they can lead it astray and cause great chaos. They are unaware that the youth of this land have now reached a state of transformation due to a revolutionary change that has shaken and transformed the society of celebrities; truly, which of the artists have been as effective as the 16-year-old martyrs in awakening the history of this land?

“All the passages of the Manifesto text, departing from the principles of legislation, towards oppressive disorder and victimizing people’s rights in existing laws, are aimed at creating new restrictions. For example, the meaning of social, political, and family situations is not clear and there is no specific definition for it, and it is not known whether each individual is within the scope of this law or not. It is not clear what is meant by the term “necessity of declaring official opinion”, where it is explained in the country’s regulations, and which law has the exclusive right to declare an official opinion. And if an official authority refuses to declare an opinion on a subject, what is the duty?”

What representatives have imposed as punishment is essentially an example of spreading lies in both virtual and real spaces, which is considered a crime under Article 18 of the Computer Crimes Law and Article 698 of the Islamic Penal Code and includes all residents of Iran. How is it possible for the criminal law to be applied to a specific group that has been labeled as gangs and doubters, and for their punishment to be intensified due to undefined circumstances, leading to corruption on earth?

Basically, how is it possible for individuals in a country to have more responsibility towards ordinary people in the face of a single behavior, such as job, social, family, military, etc., and what is the origin and basis of such discrimination?

If this plan is approved, the necessity of interpreting the narrowness of criminal laws and the rule of interpretation in favor of the accused, during its implementation, can exclude all individuals from it, just as turning a blind eye to these matters includes all individuals in it.

As we mentioned, today the empty legal space that has emerged in exceptional circumstances and in fact revolutionary, has led to the creation of new laws. But the reality is that since the day when the rulers of the time, during the appointment of the second leader of the Islamic Revolution, suspended the constitution in the Assembly of Experts, until today when the pillars of the existing order have been shaken by the roar of the people, the exceptional situation in Iran has become the norm and there is no longer any basis for human rights, citizenship rights, and the rights of individuals. Those who in the streets tie up children and teenagers in public view, beat women and men to the point of death, blind them, violate them, unjustly execute them, and cause unbearable oppression, why do they need new laws for suppression?

Note:

1- Agamben, Georgio, Law and Violence (Selected Articles by Georgio Agamben, Karl Schmidt, Walter Benjamin, etc.), translated by Farahadpour, Morad, published by Rokhdaad-e No: 2009.