Application of Article 477 of the Criminal Procedure Law and double standard?

Abdollah Abdi - Abdi Media

Abdi Media received numerous reports from lawyers and especially Iranian citizens living abroad about a decision against the justice law of Tehran province, which I tried to investigate further as the number of reports increased.

It was confirmed to me that apparently since the presidency of Mr. Hashmati Mehazab, which continues during the presidency of Mr. Al-Qasimehr, there have been requests to apply Article 477 of the Criminal Procedure Law, which is the last resort of the convicts and possibly the suspects to investigate whether judicial rulings are against Sharia. The application process of applicants should start from the Chief Justice of each province.

The instruction on how to apply this article was approved by Ebrahim Raisi, the previous head of the judiciary, and that instruction itself has some flaws, which are not discussed here.

Of course, it is interesting that if the branch of the Supreme Court of the country has supposedly issued a ruling against Sharia, it should actually be referred to the provincial judiciary, that is, the relevant lower authority compared to the original rulings.

Apparently, the Supreme Court's supervision and inspection deputy does not accept requests to apply Article 477! And he considers himself solely responsible for supervising the court and courts.

However, the Tehran General Justice, in a strange move and against the law and systems governing the principles of proceedings, does not accept these requests from lawyers and defers its acceptance and registration only to the applicant.

Where in the law does such a restriction apply regardless of the outcome of the investigation?

Applying restrictions on the representation of lawyers in security cases has at least one legal dress called the note of Article 48 of the Code of Criminal Procedure, how about this restriction?

It may be said that corruption and rent-seeking are involved, or that several lawyers are abusing each other; Is this way because of possible corruption? Should we close a general and customary rule in the system between the lawyer and the client in the proceedings without legal support?

Is there no corruption in other provinces except Tehran? Is the judiciary of Tehran woven separately?

What is the duty of desperate applicants who for any reason do not want or cannot go to the General Justice of Tehran province or live abroad?

It is more interesting for me as an independent reporter, in this case, which is a general issue for all lawyers, no objection has been raised from Skoda, nor the Central Bar Association, nor any other association, or the Center for Legal Advisors and Judiciary Experts.

Other lawyers must have been afraid of its possible consequences, instead of submitting a petition and complaining about this illegal decision of the judiciary of Tehran Province to the General Board of the Court of Administrative Justice or the head of the judiciary, they only wanted to send the materials to the media and Abdi Media. pay attention

Will Mohseni Ajieh, the head of the judiciary, accept this arbitrary decision of the Tehran General Justice and stop this legal heresy?