Motahari: The Reason for Opposing Public Trials of the House Arrested Should Be Announced

Ali Motahari, the Deputy Speaker of Parliament, on Tuesday, August 30, referred to the statements of the Judiciary spokesman regarding the status of Mehdi Karroubi and called for the reason for opposing the request for a public trial of the house-arrested individuals to be presented. Gholamhossein Mohseni Ejei, the First Deputy and spokesman of the Judiciary, stated on Sunday, August 29: "An action was taken by the Supreme National Security Council in 2009 regarding some individuals who were at the center of the events, and this decision led to the house arrest of certain individuals, and that resolution remains in effect." His reference was to the house arrest of Mehdi Karroubi, Mir Hossein Mousavi, and Zahra Rahnavard, who have been under house arrest since 2009. According to ISNA news agency, in his letter to Gholamhossein Mohseni Ejei, Mr. Motahari pointed out that this resolution was "justifiable only under conditions of emergency and chaos" and wrote: "The continuation of house arrest after that requires a judicial ruling; otherwise, it contradicts Articles 32 to 37 of the Constitution." According to Article 32 of the Constitution, "No one can be arrested except by the order and procedure determined by law. In case of arrest, the subject of the accusation must be immediately communicated in writing to the accused with the reasons stated, and within a maximum of 24 hours, the preliminary case must be sent to the competent judicial authorities, and the proceedings for trial must be prepared as soon as possible. Any violation of this article is punishable by law." Article 33 of the Constitution also states: "No one can be exiled from their place of residence or prohibited from residing in their desired location or forced to reside in a specific place, except in cases prescribed by law." Additionally, according to Articles 34 and 35 of the Constitution, "No one can be prevented from referring to a court to which they have the right to appeal by law" and "In all courts, the parties to the dispute have the right to choose a lawyer for themselves." Articles 36 and 37 of the Constitution further state that "Judgment and execution of punishment must only be through a competent court and according to the law" and "No one shall be considered guilty by law unless their crime is proven in a competent court." According to ISNA, Ali Motahari also wrote in his letter: "The Supreme National Security Council can never replace the Judiciary and cannot impose house arrest as a punishment until death without trial and hearing the defendant's defense, and we should not give human rights excuses to the US and other enemies of the Islamic Revolution." Farnoosh Amirshahi, a political journalist residing in Prague, told Radio Farda: "House arrest is a complicated issue in the Islamic Republic system that none of the institutions and officials are willing to accept responsibility for. The Judiciary considers this decision to be based on the resolution of the Supreme National Security Council, but Mr. Rouhani, as the head of this council, does not confirm the existence of such a resolution." She adds: "The lifting of house arrest is only possible with the approval of the Supreme Leader, who, in fact, with his indication and request, has placed Mehdi Karroubi, Mir Hossein Mousavi, and Zahra Rahnavard under house arrest." According to ISNA, the Deputy Speaker of Parliament, in his letter, also referred to the Judiciary spokesman's statement that "this decision (house arrest) was made regarding some who were at the center of the events" and wrote: "Were there not others at the center of the events? Why were such decisions not made for those who created the grounds for the turmoil and those who did not show appropriate reactions?" Previously, according to ISNA, Mr. Motahari had stated in November 2015: "The 2009 turmoil had three roots and foundations; one was the mistakes of those who stood behind a candidate, which was a wrong act, the second was the mischief caused by Mr. Ahmadinejad, and the third was the legal noncompliance exhibited by them. It is not acceptable to highlight only this one issue and leave the others aside; rather, all three issues must be examined together, and each person's share must be determined, and we should close the file on this matter." He had also called for the trial of Mahmoud Ahmadinejad, the then-President of Iran. In his letter on Tuesday, the Deputy Speaker of Parliament wrote to Gholamhossein Mohseni Ejei: "If after that infamous debate, appropriate reactions had been shown by the responsible institutions, or after the popular protests, instead of speaking of the 24 million votes for the president and recommending a national celebration, the matter had been referred to the Guardian Council to gradually calm the tensions, would such a turmoil have occurred at all?" Ali Motahari stated that the Judiciary spokesman "has taken one side of the issue and left the other side unattended," writing: "As long as this is the case, and fairness is not seen, the conscience of society will not be at ease." He pointed out that Mehdi Karroubi has requested a public trial in a competent court according to the Constitution, adding: "Why do you oppose it? Does this not create the suspicion of fear of revealing the truths?" Mr. Motahari wrote: "It is better to comply with the law and to eliminate the wrongful tradition of house arrest in the Islamic Republic." Farnoosh Amirshahi, a former parliamentary reporter, believes that "the Judiciary, as an institution under the Supreme Leader, whose head is also appointed by Ayatollah Khamenei, is aligned with his viewpoint and demand in this regard, and so far, the realization of the demand for lifting the house arrest has been contingent upon what has been termed the 'repentance of the house-arrested.' In contrast, Ms. Rahnavard and Messrs. Mousavi and Karroubi are also unwilling to back down from their positions." She adds: "These very issues have complicated the resolution of their house arrest. Even a group of political activists has proposed a gradual lifting of the house arrest. However, the overall existing conditions, the health status of the house-arrested individuals, social pressures, and the follow-ups by officials, such as Mr. Motahari's actions, can provide a suitable opportunity for resolving this issue. It seems that Mr. Rouhani should also take advantage of this opportunity and not waste time." Previously, Mohammad Khatami, the former President of Iran, had called on the Supreme Leader on Sunday to issue an order for the "lifting of the house arrest" of the leaders of the protests against the results of the 2009 presidential election. According to the Kaleme website, he also emphasized that "the President must fulfill the promises made during the elections," calling the lifting of house arrest one of the serious demands of the people that Hassan Rouhani should act upon. So far, the Supreme Leader and the President have not responded to Mohammad Khatami's request. The lifting of house arrest has been one of the main demands of Hassan Rouhani's supporters in the two presidential elections of 2013 and 2017, and in both elections, Mr. Rouhani made promises explicitly or implicitly regarding the lifting of house arrest. Although during the four years of Mr. Rouhani's first government, no public action was taken to fulfill this promise, restrictions against Mahmoud Khatami were also increased. Judicial officials, who claim that the house arrest of the protest leaders was based on the decision of the Supreme National Security Council, have repeatedly stated that if the house arrest is lifted, the trial of the leaders of the protests against the 2009 election results will be on the agenda. Jahangiri: Security forces have left Karroubi's home. Eshaq Jahangiri, the First Vice President of Iran, on Sunday, in response to a question from ISNA about the government's actions regarding Mehdi Karroubi's condition for the security forces to leave his home, said: "This work has definitely been done, and whatever is reportable will be announced by the security officials and will be communicated to his family." Mr. Jahangiri's remarks came after the Judiciary spokesman had earlier dismissed reports in this regard as "absolute lies." Gholamhossein Mohseni Ejei, in a press conference, stated in response to a question that "Who said" the promise of the security forces leaving Mehdi Karroubi's home "has been fulfilled? This is absolute lies." He emphasized that those who "incite" regarding the house arrest of the leaders of the protests against the 2009 presidential election results should be dealt with. The Judiciary spokesman also said: "We will not act under the influence of media hype and sometimes these media campaigns are detrimental to the person who thinks they are working in his favor (Mehdi Karroubi)." Meanwhile, Mohammad Taghi Karroubi, Mehdi Karroubi's son, tweeted in response to Gholamhossein Mohseni Ejei's remarks: "The government has committed to ensuring that security forces leave when my father returns to the house arrest location, and that the control of the house arrest will be conducted from outside." He also shared a photo of his father's surgery on Saturday, August 28, on Twitter, stating: "Instead of relying on a resolution that Rouhani denies, Ejei should focus on the inherent duties of that authority and conduct a public trial so that whoever has a flaw in them may be disgraced." Mr. Karroubi had gone on a hunger strike from Thursday, August 25, demanding the withdrawal of security forces from his place of detention and a public trial. Mehdi Karroubi's hunger strike received widespread attention on social media, and several political and civil activists called for the realization of his demands. Subsequently, with the "agreement to withdraw security forces" from Mehdi Karroubi's house arrest by the Rouhani government, Mohammad Taghi Karroubi announced the end of his father's hunger strike and stated that the government would make every effort to fulfill the second condition, which is the public trial of Mr. Karroubi. Prior to the hunger strike, Mehdi Karroubi had been transferred to the hospital due to heart issues, and Mohammad Taghi Karroubi announced on August 15 that after two angiographies due to his father's low heart rate, a pacemaker had been implanted in his heart.