Amir Arjamand: The Government Can Do Something About the House Arrest

Five years and four months have passed since the beginning of the house arrest of three leaders of the protest movement against the announced results of the 2009 elections, a house arrest that none of the responsible authorities in the Islamic Republic of Iran have taken responsibility for. In the latest reaction, Gholamhossein Mohseni Eje'i, the spokesman for the judiciary, stated that any change in the status of Mir Hossein Mousavi, Mehdi Karroubi, and Zahra Rahnavard, and their potential release from house arrest depends on a change in the resolution of the Supreme National Security Council, a resolution that according to Ardshir Amir Arjamand, a constitutional law professor and senior advisor to Mir Hossein Mousavi residing in Paris, does not exist. Ardshir Amir Arjamand told Radio Farda: "It is an unproven claim that has been denied. It means evading responsibility and acknowledging a deadlock and inability to solve the issue. Even if the Supreme National Security Council had such a resolution, that resolution would also be illegal. However, until today, none of the official authorities of the Supreme National Security Council have confirmed Mr. Eje'i's claim, and it has been denied." Ending the issue of house arrest is beyond the exclusive competence of the government. But the claim that the government cannot do anything is not true. In our opinion, it can take action, including and most importantly clarifying the legal status of the house arrest. Amir Arjamand refers to the statements of Hassan Rouhani, the President and a member of the National Security Council, who previously stated in March 2015 that this council had made no decisions regarding the house arrest issue. Despite this, why has the Supreme National Security Council not shown any official reaction to this issue so far? Ardshir Amir Arjamand adds: "This is one of the issues that deserves consideration, and it is expected that Mr. Rouhani will take a clear official stance against these claims. After all, he was a member of the Supreme National Security Council at that time and is now the head of this council and is aware of all matters, and it is expected that at least this issue will be clarified and not allowed for individuals to evade responsibility with false claims and violate basic legal principles." In August 2015, Ali Akbar Nategh Nouri, a member of the Expediency Discernment Council of Iran, stated that the decision regarding the release of Mr. Mousavi, Mr. Karroubi, and Ms. Rahnavard is solely within the jurisdiction of the "high-ranking officials" of the system. These officials have not, according to Amir Arjamand, had any positive reaction to it so far. Ardshir Amir Arjamand says: "The fact is that the decision regarding the issue of house arrest and ending it, like the beginning of the house arrest, is in the hands of Ayatollah Khamenei, and he is the one who must make the decision. Even if Mr. Eje'i's claim is correct, the decision of the Supreme National Security Council has no effect without the approval of the leadership. Therefore, ultimately, the final decision-maker is Mr. Khamenei." Hassan Rouhani is completing his third year as president, during which one of his main electoral promises was to end the house arrest of the leaders of the Green Movement. Nevertheless, on Tuesday, the head of the Expediency Discernment Council responded to a question about the lifting of the house arrest by saying, "You should not expect anything from the government regarding the house arrest, because the government cannot do anything!" However, the senior advisor to Mir Hossein Mousavi considers this statement incorrect and says: "Ending the issue of house arrest is beyond the exclusive competence of the government. But the claim that the government cannot do anything is not true. In our opinion, it can take action, including and most importantly clarifying the legal status of the house arrest. That is, determining whether the Supreme National Security Council had such a resolution or not, and also that the president's efforts to end illegal situations and issue constitutional warnings are necessary. However, it seems that the analysis of high-ranking officials in the country is that Mr. Mousavi, Mr. Karroubi, and Ms. Rahnavard have a high level of influence in society, and they think that by acting this way, they can reduce or delay that influence. They have turned their backs on their illegal actions and have put themselves in a position of uncertainty. They lack the courage to make a fair and legal choice." The uncertainty regarding the continuation of the house arrest persists while this week, the determination of the members of the presiding board of the Islamic Consultative Assembly once again brought this issue to the forefront. According to the votes of the representatives of the tenth parliament on Tuesday, Ali Motahari and Masoud Pezeshkian were elected as vice presidents of the parliament for a one-year term. These are two figures who had previously protested against illegal behaviors during the protests over the announced results of the 2009 elections. Masoud Pezeshkian stated in the open session of the parliament in 2009: "If you silence one voice and only allow one voice to be heard, and label anyone who speaks, then it is clear what will happen. No matter how much you shout for reform, it will not happen. Fairness must be observed. The media must observe fairness. The military and security systems must observe fairness. We have no right to act against the law against people." But can the presence of these two figures in the presiding board of the tenth parliament influence decision-making in the open session? Ardshir Amir Arjamand says: "It certainly can. After all, the parliament can use legal tools and also, as a symbol of the collective conscience of society, the issue can be raised in the parliament and public opinion can be informed. Institutions that are decision-makers regarding the issue of house arrest can be held accountable for their responsibilities, and in this way, the situation can change, the balance of power can shift, and a solution can be found for this issue. Let us remember that these individuals have made promises regarding the issue of house arrest. When they made those promises, they should have known whether they could fulfill them or not." Mir Hossein Mousavi, Mehdi Karroubi, and Zahra Rahnavard have been under house arrest without trial since February 2011 based on a resolution of the Supreme National Security Council chaired by then-President Mahmoud Ahmadinejad.