Ali Motahari's Open Letter to the Head of the Judiciary Regarding House Arrest

Ali Motahari questioned the validity of the Supreme National Security Council's resolution regarding the house arrest of Mir Hossein Mousavi and Mehdi Karroubi, two leaders protesting the results of the 2009 presidential election, which was signed by Mahmoud Ahmadinejad, the former head of the council. This Tehran representative in the parliament, on Sunday, January 14, in an open letter to Sadegh Amoli Larijani, the head of Iran's judiciary, called his remarks about the legality of the house arrest of Mousavi and Karroubi 'a mockery of the Constitution and the judiciary.' Mir Hossein Mousavi, Zahra Rahnavard, and Mehdi Karroubi have been under house arrest without trial since February 2011 based on a resolution from the Supreme National Security Council. The head of the judiciary stated on Wednesday, January 10, that their house arrest was 'legal' and in accordance with the defined duties in Article 176 of the Constitution for the Supreme National Security Council. On Sunday, Motahari published a letter on his website addressing Amoli Larijani, writing: 'Unfortunately, this argument is weak and has implications that undermine the democratic foundation of the Islamic Republic and render the Constitution ineffective.' He referred to 'the resolution of the Supreme National Security Council regarding the house arrest of Mir Hossein Mousavi and Karroubi' and added: 'The signature of this resolution by the then head of the Supreme National Security Council, Mr. Ahmadinejad, who, according to your own statements, wrote twice for the release of the detainees, is questionable.' In recent months, some Iranian political parties and figures, including the Society of Teachers and Researchers of Qom Seminary and Mohammad Khatami, the former president of Iran, have called for the lifting of the house arrest of Mir Hossein Mousavi, Zahra Rahnavard, and Mehdi Karroubi. Motahari also stated that Article 176 of the Constitution does not define issues such as the house arrest of individuals within the duties of the Supreme National Security Council. He wrote to the head of the judiciary: 'If we accept your argument, the Supreme National Security Council can condemn any accused person to imprisonment or even execution without going through a judicial process under the mentioned titles, which means mocking the judiciary and the Constitution.' Motahari emphasized: 'Aside from the imaginary expediency justifying the current situation, you must certainly acknowledge that this method is incompatible with the spirit of the Constitution and marks the beginning of a deviation.' The head of the judiciary also mentioned that some statements from protesters regarding the 2009 presidential election, claiming 'the outcome of the trial is not important to them and they want a platform to express their views,' were among the reasons for the judiciary's decision not to hold a trial for Mousavi and Karroubi. Motahari pointed out that this reasoning is unacceptable because it is natural for any accused person to want to convey their words to the public, and this is their right. He added: 'Especially regarding the accused in question, who have been deprived of expressing their opinions for several years, while facing numerous accusations such as subversion and connections with foreign enemies.' The head of the judiciary also stated that whenever the resolution of the Supreme National Security Council regarding the house arrest of Mir Hossein Mousavi and Mehdi Karroubi changes, the judiciary is ready to hold their trial. Motahari specified in his letter: 'The resolution of the Supreme National Security Council was valid only until the end of the period of street unrest and has automatically been revoked afterward, and the continuation of the house arrest requires a judicial ruling; therefore, you can hold a public competent trial.' He added: 'Naturally, the actions of the other side of the sedition, such as support from certain institutions for a candidate, the issue of debates, declaring a national celebration, inciting protesters, violent confrontations with protesters, and closing the space for expression for protesters, will be of interest to any competent court.' Ali Motahari has previously repeatedly called for the simultaneous trial of Mir Hossein Mousavi, Mehdi Karroubi, and Mahmoud Ahmadinejad. In the conclusion of his letter to the head of the judiciary, he wrote: 'If the decision is to hold a trial, what objection exists today for the trial that, for example, does not exist a few months later? And if the decision is not to hold a trial, then end this turmoil sooner, as every day that passes with the current situation is politically and economically detrimental to the country.' Mehdi Karroubi, in a message, has asked Ali Motahari, the Tehran representative, to pursue the 'right' of due process and provide the 'necessary preparations for holding a public trial.' Motahari had previously stated that in a meeting with Ayatollah Khamenei, the leader of Iran, he described the crimes of Mehdi Karroubi and Mir Hossein Mousavi as significant and mentioned that if they were tried, a 'very heavy sentence' awaited them.