In response to the strange comment of a lawyer who said about the recent approval of Mouldsazi: "The granting of judicial immunity by the heads of the forces is invalid for the court."

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-Monday 2024/09/23 - 22:34
News Code:2325
ر پاسخ به اظهارنظر عجیب یک حقوقدان که در

Hoshang Pourbabaei, a lawyer, in a conversation with Faraz online newspaper, said: Basically, the legislator has granted judicial immunity only in a few cases, and that is in terms of employment reasons.

There is no legal basis for the fact that in the Supreme Council of the Tripartite Heads, rulings have been issued and people have been declared to have judicial immunity.

This judicial immunity is flawed and since it is not addressed in the constitution, it is not capable of being ordered and they can be prosecuted. In other words, this resolution should not and cannot be the criterion for not prosecuting board members in case of illegal or criminal actions by them.

If justice judges are faced with criminal acts, the directives or instructions of the three powers are not important for them. What is important for judges to deal with issues are judicial and legal standards.

Abdollah Abdi - Abdi Media

First of all, I invite dear readers and Mr. Pourbabai to refer to my previous notes regarding this issue in Abdi Media;

Mr. Hoshang Pourbabai, the respected attorney of justice, did not pay attention and think deeply that the principle of establishing and falsifying the "Supreme Council for Economic Coordination of the Heads of Power" apparently, like other councils and similar centers, is adherence to Article 57 of the Constitution and the absolute guardianship of affairs and the Imamate of the Ummah. which defines all the forces under the leader and is considered a branch of his power.

Of course, for now, I do not mean to criticize or oppose it.

Naturally, just as even the Majlis and the Court of Administrative Justice and any other element of the system do not have the right to oppose and challenge the approvals of those councils, which are by the law, the approvals of this council, after the signature of Ayatollah Khamenei, are practically the accepted reality of the members of the Islamic Republic. which no one opposes, let alone the judiciary, whose head is appointed by the leader himself.

But the most important and sensitive resolution of this board, which does not exist in the history of the Islamic Republic and before, is to close down the principles of the constitution and normal laws and the general policies of the system and everything that hinders this goal of #productivity.

For this reason, there are legal problems and ambiguities, and it is not clear until now, with what legal basis Ayatollah Khamenei has such authority and has approved and implemented such a resolution?

Even as it was stated earlier, the leader of the Islamic Republic, in a unique act, at the same time as the decree of enforcement of this resolution, has explicitly given its executors an unlimited power of attorney for implementation.

In your opinion, or any other respected critic, do the judiciary, whose head is one of the executors of this resolution and appointed by the leader of the Islamic Republic, or the revolutionary parliament dare to oppose?

It is interesting to know that assuming it is impossible that the judiciary wants to prosecute the approving leaders without considering the signature and approval of the leader; Seyed Ebrahim is a clerical leader, and according to Article 528 of the Civil Procedure Law and the regulations of special clerical courts and courts, he must be prosecuted in that authority, where Gholamhossein Mohseni Ajieh is the chief prosecutor.

Also, Mohseni Ajieh himself is the head of another department in this committee!!

It remains to investigate and prosecute Mohammad Baqer Qalibaf, who should be prosecuted by the public and revolutionary prosecutor of Tehran, who is appointed by Mohseni Ajieh as the head of the judiciary, who is himself one of the heads of the forces.

It should be noted that the very important role of Mohseni Ejeh has been repeated at a higher level in the Islamic Republic.

Before this, Mohseni Ejieh was responsible for a period as the head of the judicial complex of government employees, and in the absence and authority of the prosecutor and judge, he was competent to deal with all the accusations of the country's officials, the press, judges and whatever he recognized.

On the other hand, Aghieh was the special prosecutor for the clergy of Tehran and then the general prosecutor for the clergy, who also dealt with all the accusations of the clergy and was the judicial center of the country.

Now, the same responsibility has been repeated at a much higher level in the position of the head of the judiciary and at the same time the general prosecutor for the clergy.

You should think a lot about this role.

And the last word, don't tamper with the resolution that was implemented in this way and under these conditions; Tell people the truth and be done with it. Please don't joke; The matter is much more complicated than this.

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