This is a picture of a beautiful flower.
Amir Chamani

Judging is one of the most difficult and responsible tasks. Where a judgment is to be made about “justice”, conscience, honor, and humanity play an important role. Because by making a bad judgment and unjustly depriving someone of their rights, the fate of a person is ruined. For years, something has become prevalent in society that undermines the health of the judicial system. That is, “one must seek a lawyer in relation to the judge of the case.” Some say that some judges are in cahoots with certain lawyers and guarantee a favorable verdict for their client in every case they take on.

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A few years ago, an accident happens in Tabriz. A 19-year-old boy crashes his father’s car at high speed on one of the main streets of the city. The speed of the car and the intensity of the accident were so high that the car veers off after colliding with several other cars, and then collides with several other cars on the other lane. The airbag of the car opens and nothing happens to the driver, but the whole car is damaged. In addition to the destruction of other cars, one person suffers a spinal injury and several others suffer fractures in different parts of their bodies.

From the point where the young man did not have a driver’s license, his friend who was in the back seat is introduced as the driver. The insurance covers all damages and the case is closed. Some time later, one of the witnesses who testified in court, that the driver was the same person who was introduced as the second person, goes to the main driver’s father and says, “With my testimony, you have received hundreds of millions from the insurance, so consider my percentage as well.” The father laughs and rejects his request. The witness threatens to retract his testimony if he doesn’t get paid, and he does. The case is reopened and the insurance complaint is added. The person who posed as the driver is sentenced to 18 months, and the main driver is sentenced to one year. The father of the second person files a complaint, claiming that his son was deceived and he threatens the main driver’s father that if his son goes to prison, he will not let the matter

The head of the judicial system recently stated: “Of course, there are also some violations in the judiciary and we have never denied their existence, but some people paint an ideal picture of the judicial system in their imaginary space and claim that the judiciary is far from the desired point.”

Mohammad Jafar Montazeri, the Attorney General of the country, also said last year at the swearing-in ceremony for judicial apprentices: “There are two things that threaten you in the position of a judge; one is money and the other is sexual issues. We do not claim that the judicial system is innocent. We have judges who, after a few years, have entered the valley of corruption.”

When we consider society as a whole, the responsible individuals in each field or prominent figures are not separate from society. From top to bottom, all individuals are born from the womb of society. In general, if the individuals in society are healthy and ethical, the pillars and institutions of society will also be healthy.

In the historical studies of Iranian society up until recent times, there was no law in Iran. The Constitutional Revolution was a movement towards creating legality and justice. However, after more than a century, weaknesses in laws, legal loopholes, and lack of enforcement guarantees for some laws have led to dysfunction and corruption in the judicial system.

Prominent lawyers point to the root cause of the oppressive bureaucracy of the Iranian judicial system in the weakness of laws, ambiguity of some laws, and lack of necessary enforcement guarantees to ensure the implementation of the law. Even the current authorities of the judiciary acknowledge this weakness and believe that preventing crime is the key solution to repairing the deteriorating structure of the judiciary. However, the necessary determination to develop methods for preventing crime is not seen at the highest levels of the judiciary.

Here, the issue of corruption in the judicial system is discussed in two levels; first, the factors contributing to corruption in the judicial system, and second, the consequences of judicial corruption in society are briefly explained.

The origins of corruption.

One)

Impartiality violation in the judiciary is the gateway to corruption. Corruption refers to behaviors in which officials use their positions and job qualifications to fulfill their personal needs. This definition of corruption means that procedures, laws, and regulations in an organization are disregarded for personal gain. The ones who are harmed by this act are the clients and, in fact, citizens outside of this organization. It should not be left unsaid that not only clients are affected by these organizations, but the whole society as a system becomes dysfunctional and suffers from misconduct. (4)

The specific duty of the judicial system is to establish justice in the relationships between individuals on one hand, and individuals and the government on the other, as well as to realize the concept of rights and justice and punish criminals in society. If we consider the separation of powers as the criterion, a portion of power is hidden in the judicial system; therefore, individuals who are part of the judicial system possess special power and authority. Corruption in the judicial system must be examined from the perspective of “power”. The judicial system, as a powerful institution that determines and enforces punishments, is so intimidating that everyone feels helpless and powerless in front of it.

However, in the face of the influence of powerful and influential individuals, the rule of law holds no meaning. They are backed by the government’s support and have an ironclad immunity. With the disappearance of fair voting and violation of rights and laws under the shadow of dependence on powerful institutions and accumulation of power in a specific group, and benefiting from judicial immunity and privileges in dealing with cases such as oil docks, cigarette smuggling, sugar smuggling, and social security, corruption is evident in this system.

On the other hand, “channelizing” is happening in the judicial system. The existence of “special” branches is such that if a verdict is to be issued for a case, it is referred to a branch whose judicial procedure is based on giving a verdict. And if a case is to be acquitted, it is referred to a branch whose judicial procedure is easy and based on acquittal.

In addition to influential individuals and personalities, there are also some extra-legal organizations and institutions that have political or legal positions which do not allow the judicial system to investigate such cases. On the other hand, some judges are appointed in a biased manner, and these appointments can sometimes lead to corruption.

Two)

The existence of corruption, disorder, and irregularities in society and its people leads to an increase in legal cases. According to recent statistics from the head of the judiciary, in 2016, approximately 15 million legal cases were referred to the courts. This means that for every 3 households or 5 people, there is one case registered in the judicial system. This alarming statistic is evidence of an unusual, abnormal, corrupt, and crisis-ridden pattern in society, as well as the presence of immorality and corruption in various layers of society. It also paints a chaotic picture of the state of the courts in society, and the prolongation of litigation, the cost and time spent by people and courts, and the lack of trust of people in the law and its enforcement are among the least of its damages. Now, if we add the systemic corruption in administrative, economic, and political systems, in addition to the general level of society, the power institution in society is also called

According to the number of judges and judicial trainees announced by the Minister of Justice as 12,000, and approximately 2,000 of them working in managerial positions, each of the remaining 10,000 judges must handle 5 to 6 cases daily, not including holidays. Since the average size of each case is 50 pages, each judge must read close to 300 pages per day and also speak with the plaintiffs, defendants, and their lawyers. It is clear that with this mechanical process, the handling of cases will be done carelessly and without considering the circumstances of the defendant and carefully examining the background of the crime. These mechanical procedures themselves will lead to injustice and discrimination against one of the parties. In addition, the bureaucratic system of the judicial system is corrupt. From the start of a case by the police and notification, to referral to the prosecutor’s office, court of first instance, and court of appeal, there is the possibility of ordering, coordinating, and bribery

The consequences of corruption

The impact of corruption on people’s lives in society must be examined through personal experiences. The security and survival of society is dependent on the existence of order (laws and regulations). What creates order in society is the existence of laws, regulations, and defined norms by the people. “Judicial corruption” leads to the destruction of the existing order and the “death of the law”. As a result, the principles of justice, lawfulness, seeking rights, and citizenship rights are destroyed.

Therefore, by creating pessimism and distrust among the people towards laws and the judicial system, disorder, instability, abnormality, increased insecurity, lawlessness, and law-breaking emerge in society. People’s lives are at risk. Neither rights are respected nor dignity is preserved. Ultimately, social crises and damages occur.

On the other hand, disbelief in the political system of the country has led to the loss of its authority and legitimacy, and as a result of corruption and failure to fulfill the functions of fighting corruption, grounds for crime are created in society. This is where the naked form of power emerges.

Sources:

1. Judicial corruption and statistics of judicial cases from the head of the judiciary, Donya-e-Eghtesad newspaper, July 17, 2017.

2. Judicial corruption from the voice of the country’s attorney general, BBC Persian website, December 15, 2016.

3. Zaare; Niloofar, the roots of corruption in the Iranian judicial system, Jaras, 15 November 2009.

4. Qadri; Ali, Consequences of Corruption in the Judiciary, Afghanistan Ma Newspaper, 24 Tir Month 1392.

5. Statistics on judicial cases and officials from the Minister of Justice, July 2016.