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Leadership, Ministry of Information and denial of Civil Rights

30 January , 2011
Mohammad Mostafavi, lawyer

Each time the parliament is presented by a four-year development bill by the president, several of the passed regulations appear to corrupt the Rights of Civilians. Government exploits these bills to strengthen it’s power and the leadership position to regulate the rights and freedom of individuals with usage of the parliament and the Guardian Council.
Brief overview of the economic, social and cultural laws show, regulations which have been adapted in the past several years have been the main cause of politicians and lawyers’ protests. Of these violations we can Article 187 of the third developmental plan comes to mind in which the judiciary system has been given the right to establish an institutional Court Bar Association, and issue advocacy license. This matter caused employees of the judiciary system and judges to abuse their powers and by receiving the license to practice law in the position they previously held, and also work as court appointed lawyers, which severely violates the rights of defendants especially those imprisoned for political reasons.
These violations have also been seen in the fourth development plan, which I will get to a portion of. But in the fifth bill, the government has used subtlety and deception to strengthen the Intelligence ministry. In recent years, it has become obvious that the Intelligence ministry has broken some laws and especially after the ninth election they had gone their way with arbitrary detention and interrogation.
In Article 183 of the Fifth economic, social and cultural developmental Bill, (the purpose of passing this law, as it is apparent from it’s name has been purely to strengthen the economic, culture and social affairs; not to strengthen the military and security) The Intelligence ministry has been given full authority on areas they have never dealt with in the past. Below I will explain the assumable law enforcement in a country which is theoretically being ruled by law, but in reality the role of leadership and Intelligence ministry plays a large role in the regulation of laws in the ministries and the performance of their agents.
* First **-** the text of Article 183 of Economic, Cultural, and Social Bill: *
Social: *
The Intelligence Ministry is obligated to follow actions listed below aiming for Defending the leadership and national interest against all particularly global arrogance:
A) *Improve the quality and quantity of information infrastructure with the aim of strengthening sustainable and inclusive security and domination*
B) Prevent and combat corruption, and differences in economic security, organized crimes against security, terrorism and *threats restraining the judiciary system*
C)Establishment and expansion of necessary infrastructure and mechanisms for increased participation of people in strengthening and stability of the country.
Regulations up to the end of this article will be approved and adapted by the end of first year by collaboration of Intelligence ministry, the vice president, and the president and National Security Council’s supervision.
This Bill has been passed by the parliament and is reaching it’s final steps of processing. This bill will be executed once approved by the Guardian Council. In the following passages I will explain the corruption of this bill and it’s effect on the Rights of Citizens.
* Second **-** Philosophy behind formation of Intelligence Ministry*
Iran’s intelligence ministry which was founded by the Parliament was officially established on 8/18/1983. In the first Article of this law it has been stated: “In order to gain information and education
in regards to security and Foreign intelligence and counter intelligence information in protection of foreign and domestic enemies to prevent their conspiracies against Islamic Revolution of Iran. Based on Article 10 of this same law the intelligence Ministries tasks are as follow:
A) Gathering, analysis and classification of information in internal and external dimensions.
B) Discovery of any conspiracy and subversion activities, espionage, subversion and sedition against the independence and security and territorial integrity of Iran’s systematic country.
C) Security of news, information, documents, records, facilities and department’s personnel.
According to regulations stipulated in the constitution of Iran, all ministries are sublets of the executive branch and have to perform under supervision of the president and Intelligence ministry is no exception to this law and has to fully function under supervision of the executive branch. The principle of separation of powers requires the three branches to function fully apart from one another and nor interfere with one another’s work. However, in the past couple of years, especially with fraudulent rise of the Eighth and Ninth systems during the past two elections we have seen the government does not abide by the primary laws of separation of powers.
At any rate – Intelligence ministry functions under the executive branch and can not obtain authorities beyond the constitution and it’s only task is: “Development of Information Regarding Security”, “to Obtain necessary knowledge regarding status of foreign and domestic enemies”, but to apply these tasks is an inapplicable matter.
Third **-** Application of these duties *
**
As it was mentioned above intelligence ministry, is a part of the executive branch which functions under direct supervision of the president and does not have the right to interfere in judiciary and legislative affairs. It has been noted in Article 4 of the Intelligence ministry act that all administrative Officials are responsible to inform the Enforcement of any information. Therefore Intelligence agency is not a legal branch and does not have any executive power.
Article 15 states regarding Criminal law Enforcement Officials:
“Justice Enforcement Officials are agents whom work on crime detection and interrogation, maintenance of cases, to prevent the defendant from escaping and implementation of judicial decisions under training of judicial system:
1 – The Islamic Republic of Iran police.
2 – Heads and deputies of prisoner affair.
3 – Iranian Revolutionary Guards Basij officers, whom are assigned to specific tasks based on specific regulations.
4 – Other armed forces assign bailiff duties in Supreme National Security Council.
5 – The authorities and officers are considered bailiff in certain rules and duties.
Because the Judiciary Enforcement Officials have to be appointed by the law and no institution is allowed to enforce the rules specified to Judiciary Officials and the fact that Intelligence Minister officials are not considered Judiciary officials, therefore Intelligence officials are not allowed to follow up with crime detection, interrogations, case maintenance, keeping defendant from escape, or recovering the defendant from hide out even with direct order of the judicial officials. And more importantly Judicial ministry does not have the ability to consider the intelligence ministry as the bailiff of of judiciary system due to it’s lack of legal clarity and if in judicial cases, actions are taken by intelligent officials (except two cases that we will get to later on) even if ordered by judicial officials, the matter can not be taken into account during the ruling process.
In this regard, under the Judiciary Law Office Letter No. 353 / 7 dated 09.26.1990 in which their opinion are added as an expert has stated, Intelligence ministry officials are not considered Judiciary officials and based on the order formation for Intelligence ministry dated 1983 making arrest or acting upon other matters that are considered legal acts of the judiciary system can be asked of intelligence officials. This theory is an evidence of illegal actions of intelligence agents in judicial cases.
* Fourth **-** Empowerment of Intelligence Ministry *
All government agencies must include an Intelligence division, this division functions in coordination with the Intelligence ministry. If careful attention is paid to the pyramid of Intelligence ministry and protective divisions and various other governmental agencies, one will conclude that all Intelligence agents, even the Minister must be directly approved by the leader. For example, according to Article 7 of Intelligence ministry states: Intelligence division in the Islamic Republic Army is in the form of a focused and independent organization and must work with coordination of Intelligence ministry. Responsible parties for these organizations are appointed by the leader and chief of Armed forces and can be dismissed by the approval of the leader as well.
Dori Najafabadi current Attorney General, writes in his journal which was published by the Islamic Republic Document Center about the role of the Leader in appointing Intelligence Minister for the first time. In his book he states the Leader trusted me, and the parliament chairmen also casted a vote of confidence towards the president.
Mr. Dori Najafabadi in a part of his book reveals a memory which could help clarification of this matter: “….I said the evening prayer and started a speech between the prayer at which time one of the funds office of the mosque and started talking with Mr. Khatami.
Mr Khatami said: Where are you? I said: Mosque. He said: In these conditions?
I replied we are clergies, our main duty takes place at the mosque and have no other work except this.
He said: “When can I see you. I replied i’ll see you in half an hour.
I went to visit him around 9 p.m. and realized he had taken matters seriously and stated I had to have a visit with the Leader. I stated it is not right for me to go to the Leader and tell him I want to be the Intelligence Minister. If his holiness needs me for any matter, I am at his service. Mr Khatami stated I will pursue this matter.
Once I arrived at home Mr Hejazi called and said there had been a contact from the Leader’s office and he will be waiting for me at 6:15. I went to the Leader and told him: I have had a certain devotion towards you since a long time ago. I used to come to your speeches at Keramat and Imam Hasan mosque back in 1974-75 and listen to your commentary on Nahjolbalagheh. After this conversation,
he gave me some important warnings. First, be careful that those who have problem with the Intelligence ministry or are in any way affiliated with this ministry don’t cause any problem. Secondly, you are going to a ministry which you don’t have the necessary experience for and have to share the experiences of others.
I came out of the Leader’s office and saw with Mr Khatami whom was going to see the Leader. He asked: Did you see his holiness? I replied: Yes. And that made him very happy. With that visit my Ministry issue had become conclusive for Mr Khatami.
In another part of his journal Mr Dori Najafabadi writes: “…. Those days a matter was presented to the parliament in which it sated the Intelligence Ministry be changed to an organization under direct supervision of the Leader. I brought up this matter in a meeting I had with his holiness, he replied: “you don’t raise this discussion…..”
As you can see the Leader did not publicly imply such matters, but constantly added to his on power in a private manner.
* Fifth **-** Fifth developmental plan and backing the Intelligence Ministry *
Power given to Intelligence ministry since the begging of their activities has been illegal, since every Intelligence minister was given powers that no Man of law or legislative were given at any point. If this power tells one to die, subordinate has to die without a question and if it says kill, they must kill. Small example of this power was witnessed during the time Mr Falahian was in charge of the Intelligence ministry with Chain Murders and it’s last example was also the murders after the 2009 election at which time all the illegal arrests, detention and interrogation accomplished by torture and arbitrary prolonged sentences, exile and death can not be overlooked. But surprisingly, the Intelligence ministry is on it’s way to obtain legal powers. Powers that started as a series of illegal acts, and with coordination of the president has been given a legal look.
So far every action the Intelligence ministry has taken has been illegal in accordance with the noted regulations and all the arrests, interrogations, and sentences which were done by this ministry lack legality. The executions taken place by them have been arbitrary and their increase in the recent decades is considered a crime against humanity, and is one of the cases United Nations Security Council can refer the regime to the International Criminal Tribunal for. Although this issue requires to be separately discussed, but is an important issue that can not be overlooked. But the main point is that the President has given a substantial power to the Intelligence ministry in his four-year plan, which has the foot steps of the Leader all over it, although the Leader told Mr Dori Najafabadi not to raise this argument. But over time, this discussion takes a legal stand because for the first time in section B of Article 124 of the fourth developmental plan dated 09.01.2004, the Intelligence ministry was recognized as a lawful authority in discovering corruption and Cultural Heritage theft. In other words, actions of Ministry officials which are to take place form the Judicial stand point in the two matters of “macro-economic corruption discovered” and “Cultural Heritage theft” can be used in the court of law and except in these two matter they are not considered judicial authorities. But in Article 183 in the fifth developmental plan which has been approved by the Parliament and is impending approval by the Guardian Council and I am positive will approve of due to the influence of the Leader, more dangerous provisions have been given to this ministry, including the right investigate any leads on “prevention and confronting Corruption and conflicts in economic security”, “ security against organized crime” and “Terrorism”. In other words what has already been done against the law, will be given a legitimacy under the Leader’s supervision and with the wide range of authorities they have been given, they can easily arrest anyone under the pretext of security threats, actions taken by dictators in history which have been afflicted upon the people of Iran.
Each time the parliament is presented by a four-year development bill by the president, several of the passed regulations appear to corrupt the Rights of Civilians. Government exploits these bills to strengthen it’s power and the leadership position to regulate the rights and freedom of individuals with usage of the parliament and the Guardian Council.
Brief overview of the economic, social and cultural laws show, regulations which have been adapted in the past several years have been the main cause of politicians and lawyers’ protests. Of these violations we can Article 187 of the third developmental plan comes to mind in which the judiciary system has been given the right to establish an institutional Court Bar Association, and issue advocacy license. This matter caused employees of the judiciary system and judges to abuse their powers and by receiving the license to practice law in the position they previously held, and also work as court appointed lawyers, which severely violates the rights of defendants especially those imprisoned for political reasons.
These violations have also been seen in the fourth development plan, which I will get to a portion of. But in the fifth bill, the government has used subtlety and deception to strengthen the Intelligence ministry. In recent years, it has become obvious that the Intelligence ministry has broken some laws and especially after the ninth election they had gone their way with arbitrary detention and interrogation.
In Article 183 of the Fifth economic, social and cultural developmental Bill, (the purpose of passing this law, as it is apparent from it’s name has been purely to strengthen the economic, culture and social affairs; not to strengthen the military and security) The Intelligence ministry has been given full authority on areas they have never dealt with in the past. Below I will explain the assumable law enforcement in a country which is theoretically being ruled by law, but in reality the role of leadership and Intelligence ministry plays a large role in the regulation of laws in the ministries and the performance of their agents.
* First **-** the text of Article 183 of Economic, Cultural, and Social Bill: *
Social: *
The Intelligence Ministry is obligated to follow actions listed below aiming for Defending the leadership and national interest against all particularly global arrogance:

A) *Improve the quality and quantity of information infrastructure with the aim of strengthening sustainable and inclusive security and domination*
B) Prevent and combat corruption, and differences in economic security, organized crimes against security, terrorism and *threats restraining the judiciary system*
C)Establishment and expansion of necessary infrastructure and mechanisms for increased participation of people in strengthening and stability of the country.

Regulations up to the end of this article will be approved and adapted by the end of first year by collaboration of Intelligence ministry, the vice president, and the president and National Security Council’s supervision.

This Bill has been passed by the parliament and is reaching it’s final steps of processing. This bill will be executed once approved by the Guardian Council. In the following passages I will explain the corruption of this bill and it’s effect on the Rights of Citizens.

* Second **-** Philosophy behind formation of Intelligence Ministry*

Iran’s intelligence ministry which was founded by the Parliament was officially established on 8/18/1983. In the first Article of this law it has been stated: “In order to gain information and education
in regards to security and Foreign intelligence and counter intelligence information in protection of foreign and domestic enemies to prevent their conspiracies against Islamic Revolution of Iran. Based on Article 10 of this same law the intelligence Ministries tasks are as follow:

A) Gathering, analysis and classification of information in internal and external dimensions.
B) Discovery of any conspiracy and subversion activities, espionage, subversion and sedition against the independence and security and territorial integrity of Iran’s systematic country.
C) Security of news, information, documents, records, facilities and department’s personnel.
According to regulations stipulated in the constitution of Iran, all ministries are sublets of the executive branch and have to perform under supervision of the president and Intelligence ministry is no exception to this law and has to fully function under supervision of the executive branch. The principle of separation of powers requires the three branches to function fully apart from one another and nor interfere with one another’s work. However, in the past couple of years, especially with fraudulent rise of the Eighth and Ninth systems during the past two elections we have seen the government does not abide by the primary laws of separation of powers.

At any rate – Intelligence ministry functions under the executive branch and can not obtain authorities beyond the constitution and it’s only task is: “Development of Information Regarding Security”, “to Obtain necessary knowledge regarding status of foreign and domestic enemies”, but to apply these tasks is an inapplicable matter.

Third **-** Application of these duties *
**
As it was mentioned above intelligence ministry, is a part of the executive branch which functions under direct supervision of the president and does not have the right to interfere in judiciary and legislative affairs. It has been noted in Article 4 of the Intelligence ministry act that all administrative Officials are responsible to inform the Enforcement of any information. Therefore Intelligence agency is not a legal branch and does not have any executive power.

Article 15 states regarding Criminal law Enforcement Officials:
“Justice Enforcement Officials are agents whom work on crime detection and interrogation, maintenance of cases, to prevent the defendant from escaping and implementation of judicial decisions under training of judicial system:

1 – The Islamic Republic of Iran police.

2 – Heads and deputies of prisoner affair.

3 – Iranian Revolutionary Guards Basij officers, whom are assigned to specific tasks based on specific regulations.

4 – Other armed forces assign bailiff duties in Supreme National Security Council.

5 – The authorities and officers are considered bailiff in certain rules and duties.

Because the Judiciary Enforcement Officials have to be appointed by the law and no institution is allowed to enforce the rules specified to Judiciary Officials and the fact that Intelligence Minister officials are not considered Judiciary officials, therefore Intelligence officials are not allowed to follow up with crime detection, interrogations, case maintenance, keeping defendant from escape, or recovering the defendant from hide out even with direct order of the judicial officials. And more importantly Judicial ministry does not have the ability to consider the intelligence ministry as the bailiff of of judiciary system due to it’s lack of legal clarity and if in judicial cases, actions are taken by intelligent officials (except two cases that we will get to later on) even if ordered by judicial officials, the matter can not be taken into account during the ruling process.

In this regard, under the Judiciary Law Office Letter No. 353 / 7 dated 09.26.1990 in which their opinion are added as an expert has stated, Intelligence ministry officials are not considered Judiciary officials and based on the order formation for Intelligence ministry dated 1983 making arrest or acting upon other matters that are considered legal acts of the judiciary system can be asked of intelligence officials. This theory is an evidence of illegal actions of intelligence agents in judicial cases.

* Fourth **-** Empowerment of Intelligence Ministry *

All government agencies must include an Intelligence division, this division functions in coordination with the Intelligence ministry. If careful attention is paid to the pyramid of Intelligence ministry and protective divisions and various other governmental agencies, one will conclude that all Intelligence agents, even the Minister must be directly approved by the leader. For example, according to Article 7 of Intelligence ministry states: Intelligence division in the Islamic Republic Army is in the form of a focused and independent organization and must work with coordination of Intelligence ministry. Responsible parties for these organizations are appointed by the leader and chief of Armed forces and can be dismissed by the approval of the leader as well.

Dori Najafabadi current Attorney General, writes in his journal which was published by the Islamic Republic Document Center about the role of the Leader in appointing Intelligence Minister for the first time. In his book he states the Leader trusted me, and the parliament chairmen also casted a vote of confidence towards the president.

Mr. Dori Najafabadi in a part of his book reveals a memory which could help clarification of this matter: “….I said the evening prayer and started a speech between the prayer at which time one of the funds office of the mosque and started talking with Mr. Khatami.

Mr Khatami said: Where are you? I said: Mosque. He said: In these conditions?

I replied we are clergies, our main duty takes place at the mosque and have no other work except this.
He said: “When can I see you. I replied i’ll see you in half an hour.
I went to visit him around 9 p.m. and realized he had taken matters seriously and stated I had to have a visit with the Leader. I stated it is not right for me to go to the Leader and tell him I want to be the Intelligence Minister. If his holiness needs me for any matter, I am at his service. Mr Khatami stated I will pursue this matter.

Once I arrived at home Mr Hejazi called and said there had been a contact from the Leader’s office and he will be waiting for me at 6:15. I went to the Leader and told him: I have had a certain devotion towards you since a long time ago. I used to come to your speeches at Keramat and Imam Hasan mosque back in 1974-75 and listen to your commentary on Nahjolbalagheh. After this conversation,
he gave me some important warnings. First, be careful that those who have problem with the Intelligence ministry or are in any way affiliated with this ministry don’t cause any problem. Secondly, you are going to a ministry which you don’t have the necessary experience for and have to share the experiences of others.

I came out of the Leader’s office and saw with Mr Khatami whom was going to see the Leader. He asked: Did you see his holiness? I replied: Yes. And that made him very happy. With that visit my Ministry issue had become conclusive for Mr Khatami.

In another part of his journal Mr Dori Najafabadi writes: “…. Those days a matter was presented to the parliament in which it sated the Intelligence Ministry be changed to an organization under direct supervision of the Leader. I brought up this matter in a meeting I had with his holiness, he replied: “you don’t raise this discussion…..”

As you can see the Leader did not publicly imply such matters, but constantly added to his on power in a private manner.

* Fifth **-** Fifth developmental plan and backing the Intelligence Ministry *

Power given to Intelligence ministry since the begging of their activities has been illegal, since every Intelligence minister was given powers that no Man of law or legislative were given at any point. If this power tells one to die, subordinate has to die without a question and if it says kill, they must kill. Small example of this power was witnessed during the time Mr Falahian was in charge of the Intelligence ministry with Chain Murders and it’s last example was also the murders after the 2009 election at which time all the illegal arrests, detention and interrogation accomplished by torture and arbitrary prolonged sentences, exile and death can not be overlooked. But surprisingly, the Intelligence ministry is on it’s way to obtain legal powers. Powers that started as a series of illegal acts, and with coordination of the president has been given a legal look.

So far every action the Intelligence ministry has taken has been illegal in accordance with the noted regulations and all the arrests, interrogations, and sentences which were done by this ministry lack legality. The executions taken place by them have been arbitrary and their increase in the recent decades is considered a crime against humanity, and is one of the cases United Nations Security Council can refer the regime to the International Criminal Tribunal for. Although this issue requires to be separately discussed, but is an important issue that can not be overlooked. But the main point is that the President has given a substantial power to the Intelligence ministry in his four-year plan, which has the foot steps of the Leader all over it, although the Leader told Mr Dori Najafabadi not to raise this argument. But over time, this discussion takes a legal stand because for the first time in section B of Article 124 of the fourth developmental plan dated 09.01.2004, the Intelligence ministry was recognized as a lawful authority in discovering corruption and Cultural Heritage theft. In other words, actions of Ministry officials which are to take place form the Judicial stand point in the two matters of “macro-economic corruption discovered” and “Cultural Heritage theft” can be used in the court of law and except in these two matter they are not considered judicial authorities. But in Article 183 in the fifth developmental plan which has been approved by the Parliament and is impending approval by the Guardian Council and I am positive will approve of due to the influence of the Leader, more dangerous provisions have been given to this ministry, including the right investigate any leads on “prevention and confronting Corruption and conflicts in economic security”, “ security against organized crime” and “Terrorism”. In other words what has already been done against the law, will be given a legitimacy under the Leader’s supervision and with the wide range of authorities they have been given, they can easily arrest anyone under the pretext of security threats, actions taken by dictators in history which have been afflicted upon the people of Iran.
http://www.rahana.org/en/?p=9077

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