The Leader and the Supreme National Security Council Do Not Have Legal Authority to Issue House Arrest Orders

The Human Rights Defenders Center, on February 14, called for the immediate and unconditional release of Mehdi Karroubi, Mir Hossein Mousavi, and Zahra Rahnavard, ahead of the anniversary of their house arrest. This human rights organization states that the Leader and the Supreme National Security Council do not have the necessary legal powers to issue house arrest orders. In its statement, the Human Rights Defenders Center deemed the Iranian judiciary 'guilty' for what it termed 'violations of multiple constitutional principles through illegal detention and house arrest without trial.' The statement noted that according to some government officials, the detention of the aforementioned individuals was ordered by the Leader of the Islamic Republic, which, if true, exceeds the powers granted to the Leader by Article 110 of the Constitution. It also mentioned that some other officials attribute the detention of these three to a decision by the Supreme National Security Council, which contradicts Article 178 of the Constitution and cannot absolve the judiciary of responsibility or justify illegal detention. Furthermore, the statement highlighted that according to Article 56 of the Iranian Constitution, the judiciary is obligated to protect the individual and social rights of citizens, while there is no oversight regarding the house arrest and the treatment of the leaders of the protests against the 2009 presidential election results. Mehdi Karroubi and Mir Hossein Mousavi, candidates who protested the results of the 2009 presidential election, had called for a rally in support of the protests in Egypt and Tunisia in February 2010. Since then, Mehdi Karroubi, Mir Hossein Mousavi, and Zahra Rahnavard (Mr. Mousavi's wife) have been confined to their homes without a court order. Meanwhile, figures associated with the Iranian government have stated that they should be executed, and the Leader of the Islamic Republic has made exceptions for them. The head of the Iranian judiciary had previously stated that if the Supreme National Security Council's resolution changes, the judiciary is prepared to hold a trial for Mir Hossein Mousavi and Mehdi Karroubi.