In a meeting with Head of the Judiciary Ayatollah Mahmoud Hashemi Shahroudi and other judicial officials on the occasion of the martyrdom anniversary of former Chief Justice late Ayatollah Mohammad Beheshti, the Supreme Leader paid growing tribute to the late Ayatollah Beheshti and other statesmen who lost their lives in a bomb blast (at the headquarters of the Islamic Republic Party in 1981.)

The Terrorist Mojahedeen Khalq Organization (MKO) carried out bombing of the Islamic Republic Party in 1981 which led to martyrdom of the late Ayatollah Beheshti and 72 other cabinet ministers and ranking officials.

The Leader said the opponents of the late Ayatollah Beheshti were opponents of the Islamic Republic who made conspiracy to assassinate the architect of the Islamic Republic.

Ayatollah Khamenei said that the Judiciary is one pillar of the Islamic Republic in charge of campaign against financial corruption and the lackeys of the global arrogance who take action against the Islamic Republic.

"If the global arrogance enjoying financial strength and media networks manages to set up a base inside the country by hiring some foolish people, the Judiciary is responsible to strongly deal with those standing against the Iranian nation," the Supreme Leader said.

The Leader stressed the need for independence of judges and called on them not to care about the hue and cry being raised in the press and made it clear that the press should not intervene in the court proceedings.

"Protest against legal rulings has its own course and is being brought up to the higher court. Defending convicted people is the business of defense lawyers and therefore the press have no right to involve in defending those under legal proceeding by the judiciary," the Supreme Leader said.

The Leader cautioned that undermining the Judiciary will be detrimental to security in the every day life of people adding that any action aimed at promoting the judiciary is a step forward to promote Islam.

The Supreme Leader appreciated administration of the Judiciary by Ayatollah Hashemi Shahroudi and recommended the staff of the Judiciary take into account Ayatollah Shahroudi's guidelines to improve state of affairs in the Judiciary.

The Leader said that the Judiciary is making progress and hoped that the body would work to the extent that people can pin hopes on the Judiciary as a strong body helping them retake their rights.

Prior to the Leader's remarks, the head of the Judiciary honored the memory of late Ayatollah Beheshti and 72 cabinet ministers and top officials who lost their lives in the terrorist act and said that the staff of the Judiciary are working hard to fulfil their responsibilities.

Ayatollah Shahroudi complained that the number of people taking legal action with the judiciary has increased and blamed prevalence of financial corruption for the 15 percent growth in the number of lawsuits lodged in the past year.

Article 90 Commission to report judiciary's failure to cooperate

The Article 90 commission of the parliament is empowered to examine the complaints levelled by the people against the three branches of government including the Judiciary about possible violation of human rights.

Dadfar said that the other members of the Article 90 Commission including Elahe Koulaei, Jamileh Kadivar and Fatemeh Haqiqat-Joo are unanimous on the necessity to report to the parliament about lack of cooperation from the Judiciary on matters being followed up by the Commission.

Citing example about the Judiciary's failure to provide a substantial answer to a complaint from reformist journalist Latif Safari (in jail), Dadfar said that the Judiciary even did not present Safari's lawsuit to the Commission members (MPs) and also did not allow the MPs to visit Safari in jail.

Dadfar insisted that three violations have taken place in the legal proceedings against journalist Safari to which the Judiciary has not heeded.

Meanwhile, Dadfar said that families of detained religious-nationalist group have lodged complaints with the Article 90 Commission about the explanation given by the Head of the Islamic Revolution Court Mobasheri.

Dadfar said contrary to Mr. Mobasheri's statement, the relatives of the detainees maintained that the prisoners are being kept in solitary confinement and are suffering from unsatisfactory physical situation and psychological tension.

Judiciary Chief: Religious security to be safeguarded staunchly

Addressing a seminar convened to mark the Judiciary Week, the Iranian top judge said that the first and foremost step toward improving the judiciary system is "making sure that our judges, our managers and our judiciary officials truly realize what sensitive posts they have occupied."

He highlighted the high status that the judiciary system has in the national constitution, asking all to respect the judges for their independence.

Shahroudi complained that the judiciary lacks necessary tools to deal with crimes, a duty, he said, entrusted on the judiciary in the national constitution.

He said "we need a police force to obey our judiciary system absolutely in order to fight corruption," adding that "this is still an unused potential in the Iranian judiciary system."

Shahroudi said that the two major duties of the judiciary are "settling the factional disputes and making judgments in disputed cases on the one hand and to monitor the performance of the executive organs and observe that the laws are not broken any where on the other."

He listed ten topics that he said "if they are realized we will hopefully have a satisfactory judiciary system."

They include observing justice at vast level and for all; being fast, precise, impartial and just in issuing verdicts; providing for easy access of all to judiciary services; respecting the personality of all human beings providing for sound defense of all the accused parties...

The judiciary chief also considered establishment of national and public security for every individual as one of the duties of the judiciary and said "the judiciary is obliged to react to any anti-revolutionary move or any plot aimed at toppling the Islamic establishment."

Ayatollah Shahroudi finally defined "religious security" as security to observe one's Islamic values and rituals freely, adding, "the judiciary is determined to confront any act aimed at questioning the religious values of our nation or any insulting remark towards our sacred values."

President underlines need for independence of judiciary

Addressing a gathering of the head and senior officials of the judiciary, the president said that immunity and meeting demands of the judge is highly important in guaranteeing independence of the judge.

He said while the judge should feel enough security, at the same time nothing and no one should influence his rulings even the state administration.

Stressing that the judge should make decisions independently, Preisdent Khatami said the judge should not be infleunced by any political and military power or any faction.

Elsewhere in his remarks, the chief executive pointed to the "judicial justice" and said according to the law the prime task of the judiciary is to support individual and social rights of the people and realize social justice within the community.

The president reiterated legitimate rights and freedoms of the people and said respect for human rights and restoration of justice in various domains has always been underlined by Islam.

"A democratic system is the one wherein people enjoy basic rights and a popular system is the one that in addition to having respect for people's rights spare no efforts for restoration of such righs and for planning in this connection," stated the president.

He said although realizing social justice and preparing the grounds for observation of people's rights is the duty of all sectors of the administration, however, preoccupation of judges and the judiciary towards people's legitimate rights and restoration of justice in the society is a vital and basic issue.

Stressing that centers with more power and facilities are points wherein there is a stronger possibility for the restriction of freedoms and legitimate rights of the people, the president said defense for people's rights is primarily against power and thus efforts should be made to prevent misuse of power and judiciary should defend people's rights.

The president said that realization of the system depends on the vote of the people, adding that all components of the system, directly or indirectly, are responsive towards the people.

He pointed to the "people's right before the system and power" as the main and the most important right that should be defended and said the Islamic system has underlined the responsibility that officials shoulder before the people and the fact that they are responsive towards people.

Expressing regret that through history ruling systems have exercized the most oppressive and dictatorial approahces under the pretext of religion, he said the Westerners have developed the idea that religion should be separated from social life in order to guarantee freedoms. But, he said, in this part of the word (Islam and East), people's rights, justice, morality and freedoms have been defended from the base of religion.

Pointing to verses from the Holy Quran and stating that imposed justice and religion are rejected by Islam, President Khatami said: "In the contemporary world we seek realization of a society wherein basic and legitimate rights of the people are defended in the light of coordination among various forces in the country."

He pointed to the recent session of the heads of the three branches of government and said coordination among forces of the country is a vital prerequisite for gaining success and progress.

Elsewhere in his remarks, the president said noble judges and jurists in the former judicial system did not yield to the imposed dictates of the Shah and this forced him to form the military tribunal.

The president also underscored the importance of economic development and said it can be attained merely through preparng the ground for investment and production.

He said satisfactory convergence has been forged among various branches of government, expressing his hope that in the light collective cooperation the way will be further paved for economic development in the country.

Prior to President Khatami's remarks, Justice Minister Esmail Shushtari briefed the audience on the performance of the judiciary.

... Payvand News - 6/28/01 ... --