Complaint Filed by Motahari Against Mashhad Prosecutor Sent to Special Clergy Court

Ali Motahari's lawyer, the second deputy speaker of parliament, protested the transfer of his client's complaint against the Mashhad prosecutor to the Special Clergy Court and requested that the case be handled by the Government Employees Court. Mustafa Turk Hamdani reported on Thursday, December 23, that due to the Mashhad prosecutor's previous education in a seminary, the investigator of the second branch of the 28th District Court of Tehran issued a 'lack of jurisdiction' ruling regarding his client's complaint. He stated that according to this ruling, the case must be sent to the Special Clergy Court. According to Mr. Turk Hamdani, this ruling was issued while Article 16 of the Special Clergy Court's regulations defines a cleric as someone who 'is dressed in clerical clothing, is studying in a seminary, or is considered a cleric in the common sense if engaged in other work.' He emphasized that this article does not apply to the Mashhad prosecutor and that he will strive to restore jurisdiction for the case to be handled in the Government Employees Court. Mr. Turk Hamdani mentioned that his client cannot choose his preferred lawyer in the Special Clergy Court and must inevitably select one from the list of clerical lawyers provided by this court. Following the Mashhad prosecutor's order, Ali Motahari's speech in the city for the Arbaeen ceremony was canceled, and the reformists' office in the city was also sealed. After this action, Mr. Motahari filed a complaint against the Mashhad prosecutor with the Government Employees Court. The head of the judiciary, Gholamhossein Mohseni Eje'i, appointed his deputy and spokesperson to investigate the cancellation of Mr. Motahari's speech. Meanwhile, Mr. Mohseni Eje'i announced on Sunday, December 12, at a press conference that the Mashhad prosecutor's action was 'in accordance with the law,' but it would have been 'much better' if a security council had been formed to review the matter. Hours after these statements, Mr. Motahari's lawyer announced that the case of this 'misbehaving judicial official' is under investigation and 'it is expected that high-ranking officials will refrain from defending their accused.' However, the next day, Ali Mozafari, the head of the judiciary in Khorasan Razavi, also defended the Mashhad prosecutor's action regarding the prevention of this speech in the city, calling it 'completely legal.' The cancellation of Mr. Motahari's speech led to protests from the president and 154 members of parliament, and President Hassan Rouhani called the incident 'shameful.' Several members of parliament also filed a complaint against the Mashhad prosecutor with the Parliament's Article 90 Commission. The first deputy of the judiciary stated that the reasons for canceling Mr. Motahari's speech were based on a letter from the Khorasan intelligence agency to the Mashhad prosecutor on November 16, expressing serious concerns due to the invitation of 'leaders of the sedition movement' to the event. According to Mr. Eje'i, nonetheless, the deputy director of Khorasan Razavi intelligence had informed the Mashhad prosecutor that, from their perspective, Mr. Motahari's speech was permissible. Referring to Ali Motahari as one of the 'leaders of the sedition movement' is notable, as close associates of the Supreme Leader have previously used this term only for leaders of protests against the results of the 2009 presidential election, prominent figures opposing that election, or some reformists.