Secretary of the Islamic Human Rights
Commission Mohammad Hassan Ziaeifar said on Tuesday that the Guardian
Council's failure to ratify the Majlis legislation concerning ban on
torture has had negative consequences for Iran in the international
organizations, IRNA reported from Tehran.
He said that the sixth parliament had passed a legislation to ban
torture and had voted for Iran's accession to the Convention on
Banning Torture, but, the Guardian Council did not ratify the
legislation and Majlis forwarded the legislation to the Expediency
Council.
"The Articles 38 and 39 of the Constitution has banned torture
under whatever pretext, but, it's not clear why the Guardian Council
doesn't ratify the legislation to that effect," Ziaeifar said.
He said that death of photojournalist Zahra Kazemi and the claims
of former prisoners indicated that the constitutional ban on torture
is not being respected and the Guardian Council has obstructed the
Majlis resolve to put an end to torture in the detention centers.
President Mohammad Khatami won a landslide victory in 1997
presidential election against the conservative rival for promising
to enforce the constitutional rights of the people -- freedom of
expression in the context of the Constitution -- constitutional ban on
torture and respect for dignity of the people.
The president enjoyed the same public support in 2001 presidential
election for the national resolve to help bring about reform in
Iranian governing system in line with the Constitution of the Islamic
Republic.
The reform movement also gained momentum in the year 2000, when
the reformist candidates unseated the conservatives from the
parliament promising to uphold the constitutional rights of the
people.
The Guardian Council's rejection of the Majlis legislation blocked
the reform movement depriving the people to attain their
constitutional rights enshrined in the constitution.
In the meantime, the Constitution has envisaged amendment to the
national treaty when implementing the constitutional provisions faces
difficulty for whatever reason.
Since the public and the Guardian Council have currently developed
a misunderstanding to the extent that the Supreme Leader of the
Islamic Revolution Ayatollah Seyed Ali Khamenei has intervened twice
on a single case of election campaign, the necessity is rising for the
senior statesmen to contemplate on amendment to the Constitution,
because the young generation could not stand the same scenario after
four years once again.