Ahmadinejad Criticizes Iranian Judiciary with 30 'Structural' and 'Behavioral' Flaws

Former Iranian President Mahmoud Ahmadinejad has raised 30 'structural' and 'behavioral' criticisms of Iran's judiciary, calling for the establishment of a 'Supreme Judicial Council,' which would require amendments to the Islamic Republic's constitution. In a detailed statement published on Sunday, January 4, on the 'Dolat Bahar' website, Ahmadinejad outlined 10 'structural' and 20 'behavioral' flaws in the performance of the Iranian judiciary. Among the 'structural' issues he identified are 'concentration of power and violation of the constitutional structure,' 'discrepancy between powers and qualifications,' and 'unity of the complainant, prosecutor, judge, and executor.' He emphasized that 'broad powers without accountability and vague laws, along with a lack of oversight and the sense of security among judicial officials, have led to widespread disorder in the judiciary and consequently in the country's situation.' Ahmadinejad also stated that the authority of the head of the judiciary to transfer judges 'naturally violates the job security of judges and consequently undermines their independence.' He claimed that the mechanism for assigning cases to judges 'is not impartial in regulations and practically, in the prosecutor's office, cases are referred to specific investigators, and in court, to specific branches, resulting in the possibility that rulings may be issued in a directed and managed manner.' The head of the Iranian judiciary is appointed by the Supreme Leader, and judiciary officials have previously stated that this institution is only accountable to the Supreme Leader. Sadeq Larijani, the head of the judiciary, has even rejected the oversight of the Assembly of Experts over the Supreme Leader and has described remarks made by Akbar Hashemi Rafsanjani regarding the Assembly's oversight as 'baseless,' 'incorrect,' and 'unlawful expectations' that 'have no relation to the constitution.' Meanwhile, Ahmadinejad proposed that the 'Supreme Judicial Council' be formed with the presence of the head of the judiciary, the head of the Supreme Court, the Attorney General, and at least six high-ranking judges selected by judges from across the country, with employment and transfer matters of judges delegated to this council. He suggested that the head of the Supreme Court and the head of the Supreme Judicial Council should also be directly appointed by the Supreme Leader. Ahmadinejad identified 'the oversight of judicial officers over judges and lawyers' as another 'structural flaw' in the Iranian judiciary, emphasizing that 'today, some judicial officers decide to punish individuals for political and non-political reasons and implement it through the judiciary.' He also stated that 'in fact, in numerous cases, some security and intelligence agents act recklessly, and the judiciary is unable to support and defend the rights of the people against them.' He pointed out the 'existence of multiple detention centers with various preferences' as another 'structural flaw' in the judiciary, adding that 'unfortunately, this incorrect practice that existed during the reign of the tyrannical regime has continued after the revolution, despite opposition to the Islamic Republic's constitution.' Human rights activists and lawyers have previously stated that judges execute 'orders from security institutions,' and the sentences of prisoners and political activists are practically issued by security institutions such as the Ministry of Intelligence and the Islamic Revolutionary Guard Corps. Ahmadinejad also noted that the information protection of the judiciary 'was formed without the permission of the president, who is responsible for administrative and employment matters according to the constitution.' The judiciary's information protection is one of the institutions not mentioned in the law establishing the Ministry of Intelligence and has reportedly been established for over a decade. According to the law establishing the Ministry of Intelligence in 1983 and the law on the concentration of information passed by the Expediency Discernment Council in 1989, 'the Ministry of Intelligence,' 'the Intelligence Unit of the Islamic Revolutionary Guard Corps,' 'the Intelligence Unit of the Islamic Republic Army,' 'the Intelligence Unit of the Law Enforcement Force,' and 'the Intelligence Protection of the Islamic Revolutionary Guard Corps' were the intelligence institutions of the Islamic Republic. Fars News Agency, affiliated with the Islamic Revolutionary Guard Corps, reported on October 14, 2014, that the number of 'intelligence-protective' institutions in the Islamic Republic has increased from five to 16 since 1989. Ahmadinejad also mentioned that the judiciary 'often arrests individuals first and then investigates and collects evidence.' In this text, it is emphasized that 'public accusation and non-public proceedings have become a routine in the judiciary,' and officials of this institution frequently 'publicly introduce individuals as criminals with certainty and repeatedly before legal proof of crime is established.' 'Using judicial tools in political equations,' 'improper use of certain powers such as temporary detention or decisions leading to detention,' and 'discrimination in judicial regulations' are among the issues raised by Ahmadinejad regarding the judiciary. He stated that in such cases, a judge 'will be under pressure to issue an acquittal if the innocence of the accused is established,' and 'even if the judge himself finds the accused guilty, the suspicion of pressure on the judge will remain in the public's mind.' The spokesperson and other officials of the Iranian judiciary have previously made many accusations against prisoners through state media and other platforms, and responses from some prisoners who reacted to these accusations have not been broadcast by state media. Ahmadinejad emphasized that 'according to some judicial officials, more than 90% of trials are non-public, which indicates the depth of the judicial situation in the country.' Ahmadinejad did not specify which judicial officials or studies provided this statistic. According to Article 165 of the constitution, trials are conducted publicly, and the presence of individuals is not prohibited unless the court determines that public proceedings 'are contrary to public decency or public order' or in private disputes where the parties request that the trial not be public. However, trials of some officials and political activists are held non-publicly, and judges do not allow filming or the full disclosure of public trial contents. 'Using judicial tools in political equations,' 'improper use of certain powers such as temporary detention or decisions leading to detention,' and 'discrimination in judicial regulations' are among the other issues raised by Ahmadinejad regarding the judiciary. Ahmadinejad also deemed the issuance of regulations by the head of the judiciary as 'against the constitution' and emphasized that 'no other institution exists to oversee or annul these regulations in case of violation of the law, while there are several authorities in the legislative and judicial branches with definitive and non-reviewable powers to address the decisions of the government and the president.' Ahmadinejad had previously criticized the rejection of government resolutions by the committee for aligning resolutions with laws, which operates under the parliament, and this issue has led to conflicts between him and the seventh and eighth parliaments several times. 'Imposing innocence and immunity on judicial officials and prohibiting criticism and protest,' 'restricting defense lawyers in supporting defendants,' 'making accusations without evidence and requesting the accused to accept them,' 'disregarding the presumption of innocence and insisting on proving guilt,' and 'arresting with a specific accusation and then adding new charges' are among the other flaws in the judiciary from Ahmadinejad's perspective. These criticisms come after Ali Akbar Javanfekr, Ahmadinejad's advisor, was sentenced to six months in prison for 'insulting' the Tehran prosecutor and fined four million tomans for 'spreading falsehoods with the intent to disturb public opinion.' For Hamid Baghaei, in addition to a financial case with a ruling issued, new cases have been opened due to his statements against judiciary officials. In the conclusion of his statement, Ahmadinejad proposed 20 suggestions for 'reforming' the judiciary, including 'shutting down special detention centers,' 'dissolving the information protection of the judiciary,' and 'completely prohibiting judicial officials from interfering in political affairs and taking political positions.' He also called for the separation of the registration organization, prison organization, and forensic medicine from the judiciary and their transfer to the Ministry of Justice. Ahmadinejad's criticisms and those of his close associates towards the judiciary have intensified following the formation of Hamid Baghaei's trial and the summons of Esfandiar Rahim Mashaei, and they have used terms such as 'oppressor,' 'dictator,' and 'deviant' regarding judiciary officials in recent weeks. In response, the judiciary spokesperson labeled Ahmadinejad as a 'liar' and 'thug' and implicitly called him insane. Some of the criticisms that Ahmadinejad has raised against the judiciary have also been repeatedly voiced by human rights activists, lawyers, and critical political activists. Meanwhile, some of Ahmadinejad's critics question why he remained silent during his presidency regarding the actions of the judiciary and the crackdowns of 2009. However, he has stated in a gathering of students that 'we did not know some issues. We really did not know and later became aware.' In this context, Mahmoud Ahmadinejad: Sadeq Amoli Larijani has fallen from justice and is an usurper. Sadeq Amoli Larijani: Ahmadinejad did not dare to shout at me. Baghaei addressed the head of the judiciary: Only the English opposed the sit-in. Ahmadinejad's phrase was accused of 'lying and boasting' and compared to 'thugs.' The response of Sadeq Larijani to Ahmadinejad's deadline; 'Details of some cases should be published.' Hamid Baghaei: Sadeq Larijani has sentenced me to 63 years in prison. The Tehran Friday prayer leader criticized Ahmadinejad; announced the prison sentence for Javanfekr. A verbal battle between the judiciary spokesperson and Ahmadinejad's associates over 'mental health.' The sit-in of Hamid Baghaei and two of Ahmadinejad's associates at the shrine of Abdul Azim.