Recently, rather than standard administrative circulars, Sheikh Hamzah Khalili, in his capacity as the First Vice Chief of the Judiciary, has increasingly issued and promulgated regulations that sometimes
A question regarding the scope of authority of the First Vice Chief of the Judiciary
To the Mr. President and the Official Responsible for the Execution of the Constitution
To the Deputy for Public Rights of the Court of Administrative Justice
Greetings,
Recently, rather than standard administrative circulars, Sheikh Hamzah Khalili, in his capacity as the First Vice Chief of the Judiciary, has increasingly issued and promulgated regulations that sometimes appear to conflict with the Constitution or ordinary laws.
Among these is the very regulation imposing restrictions on citizen complaints/petitions under the label of "habitual litigant" (professional complainant), which at minimum suffers from the ambiguity of contradicting Articles 34 and 40 of the Constitution and constitutes full-fledged legislation rather than mere regulation—even when cloaked in the language of preventative measures and warnings.
The regulations approved by the Chief of the Judiciary are treated as if they were divine revelation and, pursuant to the Law on the Court of Administrative Justice, fall outside the domain of filing complaints and the jurisdiction of the General Board of the Court of Administrative Justice.
Are the regulations approved by the First Vice Chief of the Judiciary—even assuming a delegation of authority from the Chief of the Judiciary—binding like law upon trial judges, prosecutors, assistant prosecutors, and interrogators?
Naturally, for operational and administrative headquarters departments such as the Judiciary's Center for Statistics and Information Technology, the answer is affirmative!
Within the scope of your authority, what legal and supervisory measures have you taken to review this?
Let this remain as a record.
Promulgation of the Instruction on Countering Habitual Litigants and Claimants
In order to prevent the filing of unfounded and unsubstantiated complaints and lawsuits by certain individuals—and to mitigate their destructive impact on judicial security—as well as to identify, prevent, manage, and effectively address false claims and prevent the abuse of the right to seek justice, the "Instruction on Countering Habitual Litigants and Claimants" comprising 15 articles and 4 notes was drafted and promulgated by the First Vice Chief of the Judiciary.
According to one of the articles of this instruction:
If an unfounded lawsuit or complaint is filed by attorneys, judicial authorities shall report the matter to the relevant disciplinary and supervisory bodies and send a copy thereof to the General Directorate for Supervision of Attorneys, Official Experts, and Professional Services of the Judiciary for follow-up.
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