Faezeh Hashemi's two suggestions to Pezeshkian and Ezieh

Ensaf News: Faezeh Hashemi, emphasizing the need for the government institutions to maintain empathy, suggested to President Pezizkian that he pay attention to the duty of monitoring the implementation of the constitution and also asked the head of the judiciary to put the criminal procedure code and judicial transparency on the agenda.

In an audio file provided to Ensaf News, Ms. Hashemi, referring to the recent statements of the judiciary spokesperson regarding the protection of comments that concern the people and the emphasis on preserving the social capital resulting from the people's empathy, said: "Some actions of the government institutions have destroyed this empathy and have worried the people."

Criticizing the recent issuance of death sentences, this political activist said: "Transparency of the court and the investigation of the case is necessary. If the process of issuing these sentences is carried out transparently according to the criminal procedure code, it cannot create doubts. And create the impression that these types of actions are to show authority and silence the people.

He continued: Closed trials, restrictions on lawyers by the note of Article 48, scenario-building maneuvers by the Iranian Broadcasting Corporation, and... are among the issues that have cast doubt on the verdicts issued by the courts. We have not heard that the judiciary responds to the criticisms of lawyers, lawyers, and families of those sentenced to death. This affects my thoughts and those of others.

Hashemi said: My advice to the judiciary is to stop these processes and take various judicial measures based on the criminal procedure code, which also contains good articles. I do not think that if it were to act on this basis, the result would be like what we are witnessing now.

Referring to the duties of the president, Faezeh Hashemi also said: Based on Article 113 of the Constitution, the Pezeshkian is responsible for supervising its implementation. It may be said in response that, based on the principle of separation of powers, the function of each branch is related to the same branch, but in this same constitution, we also have the duty of oversight, and the parliament supervises the government and the president in the implementation of the constitution.

He believes that the sentences of political, ideological, and security prisoners directly or indirectly violate the principles of the constitution, and he says: The most important of them is Article 168 of the constitution, which refers to political and press crimes. Anything that refers to governments is considered a political crime. If the spirit of this constitutional principle is considered, assassination, overthrow, ideological, security issues, etc. are also considered political crimes.

Hashemi continued: This constitutional principle was formulated and approved at the beginning of the revolution, and the fighters who were oppressed by the Pahlavi regime formulated and approved this principle based on that experience and logic, and emphasized its implementation.

Referring to the approval of the Political Crimes Law, he said that this law contradicts the spirit of Article 168 of the constitution and includes a few cases, which are also determined by the prosecutor. While usually the prosecutor is one party to the lawsuit and one party to the lawsuit cannot have an impartial view.

The son of the late Ayatollah Hashemi Rafsanjani expressed his belief that in judicial processes, principles 20, 22, 23, 24, 27, 32, 33, 35, 36, 37, 38, 39, 156 and 165 of the Constitution of the Islamic Republic of Iran are not given due attention.

Faezeh Hashemi concluded: According to the statements of the authorities, including those of the judiciary, maintaining cohesion and empathy is important, but this should not be one-sided and it is necessary for the governing institutions to strengthen it. I am not saying to execute or not, but to act in accordance with the criminal procedure code. Among the governing institutions, the judiciary plays an important role in creating empathy.