CG’s SPECIAL RIGHTS IS ILLEGAL, AYATOLLAH MONTAZERI SAYS
PARIS 23 Oct. (IPS) Grand Ayatollah Hoseynali Montazeri say the Special
Supervisory Rights (SSR) the Council of Guardians (CG) have bestowed on
themselves concerning the vetting of candidates is both "illegal and
against the Constitution".
In a message addressed Tuesday to Iranian MMs (Members of the Majles), the cleric reminded the deputies that having been present when the principle of supervising the elections was approved by the Assembly of Experts, he therefore knows well what he is talking about, rejecting the legality of the Special Rights the CG gave itself in 1995 to approve or reject candidates to all elections, without providing the public any explanation for their decision.
On orders of Ayatollah Ali Khameneh'i, the unpopular leader of the Islamic Republic, Grand Ayatollah Montazeri, who is the Muslim Shi’ites highest religious authority and has the largest of followers in Iran, including in the armed forces, lives under house arrest conditions since five years ago.
Mr. Montazeri’s message was delivered to lawmakers at a time that the reformists-dominated Majles is debating two important government bills aimed at curtailing the powers of the 12-members, leader-controlled CG in the one hand and on the other, giving the president some of his constitutional powers, including that of supervising the respect of the Constitution by all the regime’s powers, particularly the Judiciary, a body that is blocking reforms more than any other institutions controlled by the conservatives.
In his message, Grand Ayatollah Montazeri also confirmed that the responsibility of implementing and executing the Constitution belong to the president, thus rejecting conservative's claim to the contrary.
The ruling hard liners accuses the powerless Mohammad Khatami of seeking "dictatorial powers" by presenting the Majles with the controversial bills.
To become law, all bills passed by the Majles must be approved by the CG, making sure that they are strictly conform with Islamic canons.
Expecting the bills to be approved by the Majles, but rejected by the CG, analysts say Mr. Montazeri’s message would place the Guardians in a difficult position, since he is one of the "pillars" of the Islamic Republic’s Constitution.
"Since under the former regime, the Shah and the government would interfere in elections and name candidates, the Experts Assembly, in order to prevent such practices, decided to designate an independent and neutral committee to supervise the electoral process, stop outside interferences and electoral frauds and that responsibility was given to the Council of Guardians", Mr. Montazeri explained.
According to the Grand Ayatollah, as the original aim of supervision was to "supervise that elections are fair and without fraud, not vetting candidates, a right reserved to the Executive" therefore, not only the SSR in its present form is against the Constitution and against the spirit of the original law, but also "violates people’s rights and freedoms".
"That a few considering themselves as Islam’s yardstick and absolute rights; to the extent that even experts would have to depend on them concerning the status of candidates is against any logic. This means the tutorship of a few over the people and an insult for them", added Mr. Montazeri.
"As you have sworn to defend the rights of the people to respect and freedom, you must do your best in standing to your pledges", the Grand Ayatollah told the deputies. MONTAZERI MESSAGE 231002