Motahari's Letter to the Prosecutor Regarding House Arrest: Instead of Justifications, Execute Justice

Ali Motahari, in response to the statements of the Tehran prosecutor regarding the house arrest of Green Movement leaders based on a 'national decision,' stated in a letter that a 'national decision' should not contradict the constitution. He urged the prosecutor to 'execute justice and be fair instead of these justifications.' According to Motahari, there was no 'national decision' regarding the house arrest of Green Movement leaders. In his letter to Abbas Jafari Dolatabadi, the Tehran prosecutor, published on Saturday, February 19, he criticized the prosecutor's remarks that 'the house arrest is a national decision and many competent authorities were involved in this decision.' Motahari wrote that a 'national decision' should be made by direct vote of the people or their representatives, but such a process did not occur regarding the house arrest of Mir Hossein Mousavi and Mehdi Karroubi, the leaders of the Green Movement. The Deputy Speaker of Parliament emphasized that a 'national decision' should not contradict the constitution, while house arrest without a judicial order is 'against Articles 32 to 37 of the constitution.' He questioned, 'Even if house arrest were a national decision, why shouldn't some individuals express that they do not accept the house arrest? Is expressing an opinion forbidden? If it is forbidden, what do you do with Chapter Three and Article 175 of the constitution that emphasizes freedom of expression?' The Tehran prosecutor had stated on Tuesday, February 24, that 'the house arrest is a national decision and many competent authorities were involved in this decision.' Jafari Dolatabadi emphasized that 'therefore, some individuals cannot say they do not accept the house arrest, and such statements lack basis; because this issue relates to national interests and the country's macro affairs.' Meanwhile, Motahari raised the question in his letter that if individuals are punished 'in the name of national interests' without trial and hearing their defenses, 'then what happens to justice, which is one of the main ideals of the Islamic Revolution?' The Deputy Speaker of Parliament wrote to the Tehran prosecutor, 'Instead of these justifications, execute justice and be fair.' He concluded his letter by stating that 'if there is to be repentance and apology, all parties involved in the events of 2009 should do so, and if there is to be a trial, all parties should be tried simultaneously in a competent public court, even if the weight of their accusations is not the same.' Motahari has previously called for the lifting of the house arrest of Mir Hossein Mousavi and Mehdi Karroubi or their simultaneous trial with Mahmoud Ahmadinejad. He also previously reported that Ayatollah Ali Khamenei, the Supreme Leader of the Islamic Republic, opposed his request for the trial of the Green Movement leaders, stating that their verdict would be 'heavy' if tried. Hossein Karroubi, the son of Mehdi Karroubi, reported on Thursday, February 10, that Ali Motahari has been able to 'convince' the officials of the Islamic Republic to meet with the leaders of the 2009 election protesters, but no time has yet been set for this meeting. Karroubi had also previously deemed the lifting of the house arrest of the Green Movement leaders before the 2017 presidential election as 'unlikely,' stating that the government would not grant this 'privilege' to Hassan Rouhani. Mir Hossein Mousavi, Zahra Rahnavard, and Mehdi Karroubi, the leaders of the 2009 presidential election protesters, have been under house arrest without trial since February 2011, exactly six years ago. Recently, thousands, including several political, social, and civil activists in Iran, have called for an end to their house arrest in an open letter addressed to the heads of the three branches of government, members of parliament, and other officials, coinciding with the sixth anniversary of the house arrest of Mir Hossein Mousavi, Zahra Rahnavard, and Mehdi Karroubi. On the other hand, Mahmoud Sadeghi, a member of parliament from Tehran, stated on Tuesday, February 14, that 'with the tireless follow-ups' of Ali Motahari, 'good news' regarding the house arrest of the Green Movement leaders will be published before the New Year. Mohammad Reza Aref, the head of the Hope faction in parliament, also stated on January 25 that follow-ups regarding the lifting of the house arrest of Mir Hossein Mousavi and Mehdi Karroubi, as well as the media ban and restrictions on Mohammad Khatami, have been conducted, and he is 'optimistic' that 'something good will happen.' However, Mohammad Jafar Montazeri, the Attorney General of the country, on Thursday, February 17, in response to the U.S. request for the release of the Green Movement leaders and implicitly confirming their steadfastness on their position, stated that the only way for the members of this movement is 'repentance,' and 'if they want to remain steadfast in their position, the regime will certainly not forgive them.'