MAJLES TO RESIST JUDICIARY’S EFFORTS TO INTIMIDATE DEPUTIES
PARIS 31 Jan. (IPS) The brief detention of Mr. Hoseyn Loqmanian, a deputy from the West northern city of Hamadan is widely believed as a new effort by the leader-controlled Judiciary to further tame an already weakened Majles (parliament) largely dominated by reformists.
An outspoken MM (Member of the Majles), Mr. Loqmanian was arrested early Sunday morning by plain cloth men as he was heading for the House but was released hours later.
Though no explanation was given for his detention, -- as well as for his release -- but sources that asked for anonymity speculated that a speech he made more than two months ago in the Majles criticising strongly the way the Judiciary is behaving with the reformists might be the reason.
In that speech, Mr. Loqmanian had criticised the Judiciary for the "bundle closure" of independent publications, the arbitrary arrest of reformist journalist and intellectuals, mostly those belonging the nationalist-religious current and the "biased" verdicts handed down by the court dealing with the press.
He had also objected to the way the Judiciary had dealt with students after the pro-democracy demonstrations of July 1999, the verdicts against the men involved in the failed attempt on the life of Mr. Sa’id Hajjarian, widely known as the "architect" of the victories of reformers in both presidential election of May 1997 and Legislative race of February 2000 and imprisonment of other dissidents.
"Mr. Shahrudi, aren’t you sure that you have not further destroyed the ruins you inherited from your predecessor? Mr. Loqmanian had asked the leader-appointed Judiciary Chief, referring to a statement made by the Iraqi-born Ayatollah Mahmud Hashemi-Shahrudi after he took over from Ayatollah Mohammad Yazdi, a hawkish cleric close to Ayatollah Ali Khameneh'i.
According to Iranian political analysts, the saga of Mr. Loqmanian is a follow-up of the conservatives drive to "call to order" those MMs who do not respect their "red line".
With Mr. Khatami almost silenced, the Majles has become the only voice standing to the "abuses" committed unscrupulously by the Judiciary, the political and police arms of both the leader and the conservatives.
Objecting of Mr. Loqmanian, two MMs cited articles from Majles internal regulations and Articles of the Constitution in regard of responsibilities of the deputies, stressing that MMs should have "appropriate conditions to carry out their duties", an euphemism for immunity.
Lawyers and jurists observed that according to the Constitution, deputies enjoy immunity only within the walls of the Majles and in strict accordance with their responsibility as deputy.
"Under Islamic sacred laws, no one, being member of the Majles or Minister or even president, has immunity when committing and offence", stressed Ayatollah Mohammad Yazdi during a Friday sermon.
"In fact, observed Mr. Qasem Sho’leh Sa’di, a lawyer and former deputy from Shiraz, the capital city of the Southern province of Fars, what complicates the situation is that (Islam-based) Iranian laws do not provide clear definition for a number of matters.
For instance, what differentiates offence and criticism? What action is activity against security of the State and what activity is considered as propaganda against the regime?
Also, not only it is not clear which authority should have the responsibility for deciding which is what but also what if that authority, in this case the Judiciary, undertakes same kind of offences?
It was mainly thanks to these kinds of legal and juridical loopholes that the Judiciary charged those who took part at the Berlin Conference of "activity against the security of the state, propaganda against the regime and offence against the leader", and condemned some of them to long-term imprisonment.
It was against such a background that Deputy Chairman of Majles Judicial and Legal Commission Ebrahim Amini announced that seventy MMs have asked for an investigation into the function of Tehran Justice Department.
"A letter signed by 70 deputies will be presented to Majles Presiding Board calling for an investigation in Tehran Justice Department, Public Prosecutor's Office and the High Disciplinary Court for Judges", the official news agency IRNA quoted Mr. Amini as having said.
"According to the Constitution, the Judiciary and the courts should support individual and social rights and is responsible for the realisation of justice in society and should defend the legal and legitimate rights of all people, but unfortunately the courts in Tehran have dealt with legal cases in such a way that they have lost public confidence and have turned into instruments of confrontation with the reformists", observed Mr. Amini.
Referring to prosecutions and imprisonment of several prominent reformists by Tehran Justice Department in recent months, Mr. Amini said the Majles intends to investigate the cases brought up in Tehran courts, administrative procedures, the conditions of personnel and recruitment process, how the violations of the judges are dealt with, how the inmates are treated and the reports on the existence of corruption and violation of the rights of plaintiffs and the accused. ENDS MAJLES VERSUS JUDICIARY 31101