
The judicial power is in the hands of the children of the market / Bahdad Bordbar.
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Behdad Bardbar
Since the beginning of the victory of the revolution, the authorities of the Islamic Republic have turned the judiciary into an arm of suppressing opponents. They marginalized the professional staff, judges and lawyers, so that this power would be managed by a group of loyalists to the system.
Background:
The revolution of 1357 (1979) began with the execution of the leaders of the monarchy in unfair trials without lawyers, prosecutors, or fair judges. Two days after the victory of the revolution, Sadegh Khalkhali was appointed by Ayatollah Khomeini to serve as the religious ruler and to try those affiliated with the Shah’s regime. He executed hundreds of members of the military and supporters of the Pahlavi regime. He was then tasked with trying other dissidents and opponents of the Islamic Revolution.
As Ibrahim Yazdi has reported, during the trial of Mehdi Rahimi, Ne’matollah Nasiri, Manouchehr Khasroudad, and Reza Naji, Khalkhalali initially executed these four individuals and then prepared a charge sheet against the deceased in order to expose their crimes. The Khalkhalali trials were conducted without the presence of a lawyer and the right to defense, and in many cases the accused were executed on the same day. These events took place in a society that, although advocating for freedom and equality, did not have much sensitivity towards the manner in which the defendants were tried. In those years, the task of trying opponents was given to radical clerics to quickly try them in revolutionary courts and outside of legal procedures. The revolutionary court, which was supposed to be active for a limited time, continues to operate to this day.
After the revolution, Mohammad Beheshti was among the newly established leaders who changed the judiciary. He brought members of the revolutionary committee, who had a background in the bazaar and political activities against the Pahlavi government, to the judiciary.
Seyed Mohammad Beheshti, a member of the Islamic Republic Party, took over the position of Chief Justice of the country, the highest judicial position at the time, one year after the victory of the revolution. He then recruited individuals such as Mohammad Kachoui, who was a member of the Islamic Coalition Party. Kachoui became the first head of Evin Prison after the revolution. In addition to Kachoui, other members of the Islamic Coalition Party who were active in the market were employed in the judiciary and committees. Asadollah Lajvardi had already joined the Islamic Coalition Party before the revolution. In 1959, with the approval of Beheshti, he started working as the prosecutor of Tehran.
Ezzat Shahi, along with the workers of the market and members of the Islamic Coalition Party, had the duty to work in the Revolutionary Committee. Additionally, Mohsen Rafiqdoust joined the Sepah with the positive opinion of Ayatollah Khomeini.
Mehdi Iraki was one of the officials of the security committee responsible for welcoming Ayatollah Khomeini upon his return to the country, when he arrived at Qasr Prison. Mehdi Iraki was involved in the assassination of Hassan Ali Mansour before the revolution and was also a member of the revolutionary council.
The judiciary, prisons, and committees were managed by individuals with a background of studying in the market, along with clerics such as Sadegh Khalkhali.
In addition, one of the candidates for the presidency in 1396 (2017), Seyyed Ebrahim Raisi, is one of the prosecutors of the judicial branch. He began his career as a prosecutor in Karaj at the age of 20.
The level of education of members of the joint committee who have been employed in the judiciary, committee, and the Revolutionary Guards:
Mohammad Kachoui: Sixth Grade – Student Background in the Market.
Asadollah Lajvardi: Second year of high school – Student background in the market.
Ezzat Shahi: Sixth Grade – Student of the Chamber in the Market.
Mohsen Rafeeq Dost: High school education.
Young students who have started working in the judiciary.
Ibrahim Raisi: Started religious studies at the age of 20.
Hossein Ali Neiri: Started religious studies at the age of 26.
The judiciary must be filled with educated judges, professional staff, and empty lawyers in order to suppress opponents. This process has never changed. One of the notorious judges of the judiciary is Saeed Mortazavi. He was appointed as the head of Branch 9 of the Tehran Public Court at the age of 27 through Assadollah Badamchian (a senior member of the Expediency Council). One of his actions was the dissolution of the Press Court and the Justices’ Council, which led to the confiscation of a large number of press materials during the era of Seyyed Mohammad Khatami. He has also been mentioned in the torture of prisoners in Kahrizak prison.
What are the functions of the judiciary in the Islamic Republic?
After the revolution, the judiciary not only tried opponents, but also found a new function.
Opponent’s repentance: means confessing and appearing on television to confirm the established system. Of course, repentance without whipping, torture, and solitary confinement was not possible.
Confiscation of Assets: For example, the execution of Habib Elghaniyan, a Jewish businessman, and the confiscation of his assets by the Foundation for the Oppressed.
Covering up crimes: For example, after the incident of attacking the university neighborhood, a public court was formed and only one soldier, named Orujalali Babarzadeh, was convicted of stealing a razor.
The head of the judiciary is appointed by the leader of the Islamic Republic, and then he delegates the judges and prosecutors to carry out the desired security projects of the government.
The judiciary is not accountable to anyone. The investigative report on the judiciary, prepared by the parliament, shows that this branch does not have enough determination to fight against financial and administrative corruption. Additionally, this branch is not willing to cooperate with the parliament.
The judiciary in the Islamic Republic suppresses the opposition on one hand and on the other hand, it releases the loyal supporters.
In past years, whenever one of the political figures came under anger, their associates have been arrested. Abdullah Nouri and Gholamhossein Karbaschi are close to Mohammad Khatami. Fa’ezeh Hashemi and Mehdi Hashemi are the children of Akbar Hashemi. Mohammad Reza Rahimi and Hamid Reza Baghaei are the deputies of Mahmoud Ahmadinejad and Hossein Fereydoun is his brother and special assistant, among the arrests that have taken place simultaneously with the rise of political tensions. On the other hand, a group of suspects have never been brought to court. Mostafa Tajzadeh complained about Ahmad Jannati almost eighteen years ago, but this complaint has never been pursued. Also, Mohammad Bagher Ghalibaf, the mayor of Tehran, is accused of financial corruption. Even Mir Saeed Emami has talked about his misconduct, but no cases against him have been brought to court.
One of the fundamental principles of justice is equality of all citizens before the law; however, the judiciary has constantly violated this basic principle in recent years. If there is ever a day when reforms are to take place in this institution, it must be closely monitored in order to regain the respect of the citizens.
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