Motahari Reiterates: The House Arrest of Mousavi, Rahnavard, and Karroubi is Against the Constitution

Ali Motahari, the Vice President of the Iranian Parliament, reiterated his views on the house arrest of the leaders of the 2009 election protests on Sunday, December 5, stating that in his opinion, the house arrest of Mir Hossein Mousavi, Zahra Rahnavard, and Mehdi Karroubi is unconstitutional. According to ILNA, Motahari, speaking at a conference ahead of Student Day at Sharif University of Technology, responded to a question about his father's potential views on house arrests and disqualifications, asserting that if his father were alive, he would be leading the country, but 'if we assume he were not the leader, he would naturally oppose many of today's methods and unnecessary strictness such as disqualifications.' He further stated that, in his view, house arrest 'contradicts Articles 32 and 37 of the Constitution' and that no one can be imprisoned or detained without a judicial order. Article 32 of the Islamic Republic's Constitution emphasizes that 'no one can be arrested except by the order and procedure determined by law' and specifies a 24-hour period for informing the accused of charges and sending the preliminary case to judicial authorities, stating that 'any deviation from this principle is punishable by law.' Article 37 of the same law also presumes individuals innocent and states that 'no one shall be considered guilty by law unless their crime is proven in a competent court.' However, over nearly four decades of the Islamic Republic, these two constitutional principles have been repeatedly violated by security, police, and judicial authorities, and many defendants have endured long detentions before their cases were sent to court. Regarding the house arrest of the leaders of the 2009 election protests, judicial officials and figures close to the Supreme Leader have repeatedly justified the lack of a trial by stating that if a trial were held, a heavier sentence would await the detainees. Meanwhile, Ayatollah Khamenei has stated that he remains sensitive to the 2009 protests nearly seven years after the events, and Ali Motahari has announced after multiple follow-ups that 'the Leader's opinion is to continue the house arrest,' and therefore 'other officials do not intervene in this matter.' Lifting the house arrest of the leaders of the 2009 election protests was also one of Hassan Rouhani's electoral promises, but while Rouhani's government has entered its fourth year, there has been no information on potential actions regarding this issue. In response to another question during the conference, Motahari stated that Sadegh Larijani, the head of the judiciary, 'cannot tolerate criticism' and has 'filed charges against him twice.' Motahari also referred to the charges against Mahmoud Sadeghi, a Tehran representative, stating that when a representative asks questions, 'the maximum response is that they explain in the parliamentary committee that the accounts are not personal or that the budget performance was as such, and that sending people to Sadeghi's home is not right.' Mahmoud Sadeghi, a member of the Hope faction in Parliament, reported that on the evening of Sunday, December 5, agents attempted to arrest him upon his return home 'in violation of the law governing parliamentary representatives,' but he 'managed to resist and get inside his house.' Sadeghi, who faced issues due to his comments regarding personal accounts in the judiciary, ultimately appeared at the prosecutor's office to provide explanations. Judicial officials state that Sadeghi has several private complainants and that this summons is not related to his role as a parliament member, but after appearing at the prosecutor's office, he announced that the focus of the questions was his comments regarding the judiciary's accounts. Another topic addressed by Motahari at the Sharif University conference was the repeated cancellation of concerts and speeches in recent months. He evaluated the behavior of some prosecutors regarding the cancellation of concerts and speeches as unlawful and reminded that 'a program that has a permit should not be canceled, and if it can be canceled, it is solely within the jurisdiction of the provincial security council.' This statement comes as two other speeches at Sharif University were canceled on the same day due to 'oral opposition' from the supervisory board of student organizations. One of these was a speech by Ali Kamfirouzi, a critical student who questioned the house arrest of the leaders of the 2009 protests during a meeting with students led by the Supreme Leader earlier this year. The other canceled speech was by Hojjat Sharifi, a member of the central council of the reformist Union of the Nation party. ILNA reported that regarding the cancellation of these speeches, it was orally stated that the permit for the Sharif University conference was issued for a roundtable, not for speeches.