Weapon; a remedy for all seasons of rule.

Critics have the floor; Ali Mojtehazadeh, a lawyer, says that “the thirteenth government has prepared a bill entitled ‘Granting the right to use weapons to security forces in protests’ and intends to legalize it” (1) and Faizeh Hashemi Rafsanjani, a political activist and member of the Constructionist Party, also believes that this bill is “about using weapons to further secure the space” (2).

The discussion is about a bill titled “Amendment to the Law on the Use of Weapons by Armed Forces in Necessary Circumstances”, which has been proposed by the thirteenth government and is being debated and reviewed in the National Security and Foreign Policy Commission of the Islamic Consultative Assembly. It has been decided that the commission will report to the open session of the parliament. As mentioned, this bill has serious opponents among human rights activists and politicians, but the members of the parliament, who are also members of the commission, are defending it wholeheartedly.

The monthly journal of the peace line tried to contact the members of the National Security and Foreign Policy Commission to discuss this draft further and talk to them about criticisms. Two members of the commission, Mr. Ebrahim Azizi, representative of the people of Shiraz and first deputy of the National Security and Foreign Policy Commission, and Mr. Seyed Ali Aghazadeh Dafsari, representative of Rasht and another member of the commission, also agreed to speak about the peace line.

Emerging Security Phenomena

We asked these representatives of the parliament about the necessity of this bill and why this bill has been brought up at this time. Dear Ibrahim Azizi, who has a background such as being the political deputy of the governorate of Sistan and Baluchestan and according to the announcement of the website of the Research Center of the Parliament, is a graduate of law in the master’s degree, said in favor of peace that this discussion has been raised due to the passage of many years since the approval of the law on the possession and use of weapons by armed forces and officials, and because naturally we are facing emerging security phenomena, it is appropriate to reconsider the law that is used by armed forces and they are also facing these “emerging phenomena”, so we should have a review about it.

Mr. Azizi mentioned the use of weapons by armed forces in emergency situations, which was approved on 18 Dey 1373. He was asked about emerging phenomena and what they are. In response, he talked about the identification of emerging phenomena and continued, “For example, many tools, equipment, and capacities that exist today did not exist when the law on the use of weapons was approved. This can be the same emerging phenomenon that creates insecurity.” Seyed Ali Aghazadeh did not mention the interpretation of emerging phenomena, but while mentioning that missions, ammunition, and new weapons and software are being discussed, he talked about “drones” as a new weapon that did not exist at the time the previous law was approved, but today “it is a weapon that exists in all armed forces in the world, including the armed forces of the Islamic Republic of Iran.”

Critics, however, do not agree with these representatives of the parliament; for example, a legal expert like Ali Mojtehdezadeh says that “in short, according to the mentioned bill, the use of weapons is supposed to be expanded” (1) and then continues to say that currently “only military and law enforcement personnel, and even then with specific and defined regulations, can use their weapons” (1); a matter that seems to be changing.

Nothing is missing and

Nothing has been added.

The question here is whether anything is going to be added to the authorities’ use of weapons. Ali Mojahedzadeh writes that “the government bill, as far as we know, expands the scope of these permits to security officers and other individuals who are authorized by law to carry weapons.” (1) According to paragraph “b” of Article 4 of the new bill (3), the phrase “military force” is also proposed to be changed to “military and security forces”; in addition, in Article 5 of this bill, the phrase “and security” is proposed to be added after the word “police”. Another example is that according to the new bill (3), “the word ‘police’ is removed from the footnote of Article 7 of the law.” The footnote of Article 7 of the law is about injured individuals due to the use of weapons by officers. According to this footnote, in the current law, “the care and protection

But members of the National Security Commission of the Parliament have another opinion. Seyyed Ali Aghazadeh, in an interview with the peace line, says that nothing has been added and reiterates that “nothing has been reduced or added. It’s the same use of weapons and what was there before.” Ibrahim Azizi also says that it is the responsibility of any officer who is considered a member of the armed forces and “it’s not just about wearing a uniform.” According to him, intelligence and security forces are also armed forces and have the responsibility of ensuring security. Mr. Azizi says about the peace line that “they should not be treated with a different perception and view. They have a mission and are naturally recognized as security forces”; even when we asked him about the recent incident of the attack and shooting of a couple in the park by members of the Basij, this representative of the Parliament said that any officer who, according to the commander’s judgment, needs to

Carry a weapon

In the current law, in Article 1, the phrase “armed agents” is used, which must comply with all regulations and provisions of this law when using weapons in necessary cases. This title has been changed to “armed forces and other individuals authorized to carry weapons” based on the beginning of the bill. Let us not forget that, according to the spokesperson of the National Security Commission of the Parliament, “most members of the Parliament carry weapons for their own protection.” (6)

This issue is being raised with Mr. Aghazadeh Dafsari, but he still claims that this has always been the case and that security and law enforcement forces have always had weapons and they still do. Of course, the question was not about the security and law enforcement forces, but about those who have a permit to carry weapons, but Mr. Aghazadeh continues his response and says that those who have a mission and a permit to carry weapons have the possibility to use them according to the law, and in the end he says, “If they were not here now, we would not be able to be calm in our homes either.”

Mr. Ebrahim Azizi, however, refers to another angle. He speaks of peace, saying, “I believe that, according to the commander’s judgment, it may be necessary for an officer to be armed. Naturally, when the commander determines that the mission requires the use of weapons, it is the responsibility of the hierarchical structure. The legislature is currently amending this law in a way that not only ensures greater security in the country, but also allows officers to benefit from legal, judicial, and organizational support, and for the people to benefit from their rights.” When asked again if there is ultimately a difference in interpretation, he says, “That is your interpretation. We clearly state that officers are part of the armed forces. When the armed forces and security forces are armed, it is natural for them to be subject to this law.”

The summary of Mr. Azizi’s opinion is that anyone who possesses a licensed weapon or is deemed necessary by their superiors in the chain of command to use a weapon for their mission, can use it and be legally protected. For example, in the previous case of the Basij organization mentioned, if the commander of that mission has given them permission to carry and use a weapon, then they have the necessary orders and authorization to use their weapon. As Mr. Ebrahim Azizi, the first deputy of the National Security and Foreign Policy Commission of the Parliament, stated in an interview with the peace magazine “Lawmakers have the duty to provide laws, and the decision to use weapons is the responsibility of their commanders.” This is while the Basij organization, which is supposed to promote good and forbid evil, should not have weapons at all. The question is, “Can promoting good and forbidding evil be done with weapons?” (2)

Ibrahim Azizi, representative and member of the National Security Commission of the Parliament, speaks about peace, stating that “any use of weapons in the country must be subject to laws, regulations, and rules. Any unauthorized weapon is a crime. Anyone who, other than armed forces, uses weapons illegally, must be dealt with accordingly.” In the past decades, especially from the years 88 and 89 and after December 1396, we have witnessed the use of weapons by law enforcement and security forces against protesting people throughout the country at different times, such as in November 98, Tir 1400, or Ordibehesht 1401; the use of weapons that have left thousands dead and many injured and disabled. Official institutions have never published a comprehensive report on this matter and many questions remain unanswered. As Ali Mojtehazadeh, a former lawyer, says, “the country’s history and experience regarding the use of weapons by officials show that we have faced

In such circumstances, this bill is under review and is expected to be sent to the public session and approved. The vice-chairman of the National Security Commission of the Parliament speaks of peace, saying that “the Islamic Consultative Assembly and the National Security Commission have emphasized and paid attention to the rights of citizenship and the rights of the people in this law, as well as providing legal support for armed forces and their personnel,” but no one answers why tragedies like the Niar Mahehshahr in November 1998 or the shooting of people by Basij forces in recent months in Iran occur. Is it anything other than the violation of citizenship and human rights that has been sacrificed in the meantime?

It seems that the main concern of parliamentarians and members of the National Security Commission of the parliament is to support the officials, not the citizens’ rights. Ibrahim Azizi, a representative of the parliament, in an interview with the peace line, says that “an official must be supported by the law and the support of the armed forces and the judicial institution.” He also talks about the rights of the people, but what has been implemented and seen in the bill is the support of the officials’ rights, so that they can do whatever they want with the people, whether in military uniform or simply because they have weapons and a higher position, and not be accountable to anyone and have the law and the judicial institution behind them. According to what is planned to be amended for Article 5 of this law, officials are allowed to use weapons in “prison riots” (3). In all countries, anti-riot tools and equipment are used against rebellious prisoners, but it seems that an armed

Notes:

1- What happens to people’s rights with the expansion of the license to use weapons? A critique by lawyer Mojtaba Mojtehazadeh on the new government bill to grant security forces more access to weapons in gatherings, Vokal Press, June 13, 2022.

2- Faiza Hashemi: With the approval of the gun use law, they are seeking to make the space more secure, Eslahat News, June 20, 2022.

3- The details of the proposed amendment to the law on the use of weapons have been released, Tasnim News Agency, 28 Khordad 1401.

4- The law on the use of weapons by armed forces officers in necessary situations, approved on January 8th, 1995, by the regulations and laws of the Islamic Consultative Assembly Research Center.

5- A shocking account of the shooting of a Basij patrol officer; the story of a couple who were attacked and shot by Basij patrol officers and were wounded, Eslahat News, 11 June 2022.

6- Spokesperson of the National Security Commission of the Parliament: Most members of the Parliament carry weapons for their own protection, Iranian Development Newspaper, 25 Khordad 1401.