The IRGC, Above the Law

IRGC commanders consider themselves the guardians of the Islamic Republic (not just defenders of national security) and intervene in all matters of the country, expressing opinions on various issues. The power of the IRGC in Iran is unquestionable, and even the Supreme Leader publicly complains about their activities (such as construction on natural resource lands) but is unable to stop them. This unquestionable authority is evident not only in their dealings with other state powers (such as writing sentences for political prisoners for judges or securing large contracts while flying military aircraft over the country's largest airport) but also in their positioning above the law. This article highlights some clear and explicit instances of legal violations or declarations of legal violations or disregard for the law by IRGC commanders. Masoud Jazayeri, Deputy for Basij Affairs and Defensive Culture of the Armed Forces General Staff, states: 'Any part of the JCPOA that affects the country's defensive power will be unenforceable. I say this to both domestic and foreign parties.' (Afarin 14 Mehr 1394) This statement goes beyond a threat to the Parliament, meaning that if a law is passed in Parliament and the IRGC commanders oppose it, they will not enforce it. This issue is not limited to the JCPOA. Throughout the IRGC's existence, whenever this institution has opposed a resolution or a law that imposed limitations on it, it has attempted to change that law or, if unable to do so, has ignored it. All of the country's natural resources, from water and forests to mountains, plains, and lakes, from plant to animal species, and from surface water to groundwater, have been destroyed during Khamenei's rule. A significant portion of this destruction has been directly carried out by institutions under his supervision (such as the IRGC). Khamenei explicitly speaks of his inability to prevent the illegal actions of the IRGC (without naming the institution) in a speech: 'On the east side of Tehran, there is a large park, a very vast area between Babayi Highway and the heights of Ghochak; it is land belonging to the army... Whenever I go there, my heart trembles! Because I know dozens of greedy eyes are focused on this place. They have started some activities, we have stopped them, we have scolded them, we have had disputes; I know they have temporarily backed off, but they are waiting for a moment of negligence; either I am not there, or a negligence occurs, they will eventually seize this place; it really makes one tremble; a large park of maybe several hundred hectares - I don’t know how much it is - which apparently originally belonged to the army but is currently not used by the army and is in dispute between the army and the Ministry of Intelligence. In my opinion, this place belongs to the people; it should be turned into a public recreational area. I have repeatedly communicated this to various officials; the municipality should go and seize this place and make it available to the people. A very vast, pleasant, and well-ventilated area in eastern Tehran, full of trees. I even once saw a herd of deer or mountain goats that could be seen from afar; a place like this... If there is negligence, it will end up like some other places [where unfortunately negligence occurred and we saw buildings rise there and claims were made, and some institutions unfortunately, out of negligence - not malice - gave certain lands to their employees, who then sold them to others; these kinds of actions and indiscipline unfortunately arise in the area of lands and in the context of this breathing space of large cities and similar issues have arisen before.]' (16 Esfand 1393) On 17 Farvardin 1394, the Supreme Council of Urban Planning and Architecture of Iran raised the issue of construction on lands north of the IRGC Square in Tehran and emphasized that the historical building of Eshratabad should be prepared for public use, and it was decided that construction operations in the vicinity of the building should be halted and the plans should be revised and corrected according to zoning regulations and cultural heritage regulations. However, the movement of cranes continued. On 4 Khordad 94, Mohammad Mahdi Tondgouyan, Vice President of the Architecture and Urban Planning Commission, announced the final ruling of the Article 5 Commission regarding the violations committed in the Eshratabad structure and stated that the height of this structure was set to a maximum of 16 meters, but this building continued to rise. Even the military prosecutor could not stop the construction at the IRGC Square. On June 26, the investigator of Branch 3 of the Tehran Military Prosecutor's Office issued a judicial order to immediately halt all executive actions at the IRGC Square and within the visual scope of the Kolah Farangi building, and the next day, the order was submitted to the IRGC's garrison, but the construction process at the IRGC Square continued and even accelerated. (Law 11 Tir 1394) Subsequently, Mohammad Jafar Montazeri, head of the Administrative Justice Court, commented on the construction at the IRGC Square: 'On my way through the IRGC Square and the Vali Asr Barracks, I witnessed a massive skeleton rising, and every day more is added to this skeleton. Before I obtained any information regarding this skeleton, my sixth sense told me that there was something wrong until I recently learned that the gentlemen had started construction without a permit, which is very regrettable... The entity constructing this complex is a military institution that considers itself loyal to the Supreme Leader; does someone who is loyal to the Supreme Leader allow themselves to trample on the law? ... Dear IRGC brother, if you want to build, first get a permit! If this is in a location that should not change its use, whoever it may be; they should not violate citizens' rights. How do you allow yourself to build such a structure in a metropolis like Tehran without a permit?' (Afarin, 9 Tir 1393) Thus, the executive and judicial branches, and even the military prosecutor's office, do not have the power to prevent the illegal actions of the IRGC. The reason is that the IRGC is the guardian of dictatorship and the institutions of religious despotism. The IRGC has been 'the guardian of the clergy' from the beginning and still plays this role: 'The IRGC declares its firm defense and full support for the Guardian Council and will not allow any words to be spoken against this revolutionary institution.' (IRGC commander of Yazd province, Fars 4 Shahrivar 1394) The IRGC has intervened in various elections for over three decades. This intervention has occurred in four forms: 1) Vote rigging in military barracks by voting from soldiers without identification or filling mobile ballot boxes with votes from preferred individuals, 2) Injecting thousands of billions of tomans from public resources under the IRGC's supervision into the election campaigns of preferred individuals, 3) Intervening in the voting process in polling stations with the presence of hundreds of thousands of IRGC members and Basijis around the ballot boxes as observers and officials, and 4) The presence of hundreds of thousands of Basijis and IRGC members as observers of the Guardian Council before elections and creating files for political individuals. Through these interventions, the IRGC makes it impossible for non-affiliated individuals to enter Parliament. Some of these activities are apparently legal, but some are clearly illegal. Illegal docks have been explicitly mentioned by a former parliament speaker (Mahdi Karroubi) and a former president (Mahmoud Ahmadinejad) regarding the IRGC's illegal docks for smuggling goods into the country, and these statements have had no effect on stopping the IRGC's economic activities in smuggling imports and exports. The IRGC has received this blank check of lawlessness from the Supreme Leader and the Shia clergy. The IRGC is an unconditional supporter of the rule of the Supreme Leader and Shia clerics, and in return for this loyalty, it does whatever it wants in the country. During Khomeini's time, the scope of the IRGC's illegal activities, especially in the economic sector, was more limited because Khomeini had the upper hand over the military. However, Khamenei severely needs the IRGC's support and has thus given them free rein in all illegal actions.