Ifs for the Justice System

Sheikh Mustafa Senaie Far - Former Judge and Current Lawyer of the Judiciary

If the judiciary acts fairly and impartially towards the accused, based on justice and free from material, political, and group interests, people's trust in that judicial system increases, leading to greater belief and confidence in the government system.

Unfortunately, in our country, people's trust in the implementation of justice in the judicial system has somewhat diminished, but thankfully, during the current term of the head of the judiciary, this deficiency has been somewhat addressed. However, there is still a long way to go to reach desirable conditions.

It is enough to pay a little attention to two cases related to individuals associated with two reformist and principlist movements.

There will be a clear difference in the approach, handling of offenders, and the method and extent of punishment between the two groups, where on one side, a supposedly compassionate approach with leniency is observed, and on the other side, strictness, intensified punishment, and sometimes attempts to discredit the accused are visible.

A- The case of Dr. Najafi, former mayor of Tehran, whose second wife was killed due to deliberate or accidental shooting, despite the consent of the victim's family, he was imprisoned for a relatively long period and the progress of the case was prominently covered in television and print media.

Following the same pattern, the case of Mr. Mehdi Hashemi Rafsanjani, where the judge handling the case had stated to a close friend of mine, who is a high-ranking judge in the country, that no reason for his conviction could be found in Mehdi Hashemi's case. However, after two weeks, the same judge sentenced him to years in prison, and his name was frequently mentioned in the news on the 20:30 program of the second network, which today the trial of Mehdi Hashemi was held, and news of his judicial confrontation was one of the important news of the day on television and some national newspapers.

B- However, in contrast, the case of the son of Ayatollah Mohaddesi Kermani, who was accused of spying for a foreign country, but was not tried or imprisoned, and his news was not published, or the case of the son of Mr. Mirsalim, accused of hypocrisy, where no news was provided to the public for a long time after his conviction.

Also, the case of the former deputy mayor of Tehran was handled in absolute silence and was much less highlighted in television and other media compared to Mehdi Hashemi's case.

Furthermore, the case of the former mayor of Tehran, Mr. Qalibaf, who, as a member of the city council, revealed many irregularities and embezzlements during his tenure, had widespread coverage in various media. If his claims are true, Mr. Qalibaf is a criminal.

Why was he never summoned to court or the prosecutor's office, and more importantly, why was his case not reviewed by the Guardian Council to assess his eligibility, and his accusations were not taken into consideration?

If the news reported by a city council member was false, why was he not investigated and prosecuted as a publisher of falsehoods?

Also, Dr. Saeed Jalili, accused by some high-ranking officials of the country of misconduct in the implementation of the Crescent contract and having a significant role in the unfortunate incident of 88, was never summoned to court or invited for questioning, and his allegations were not considered during the assessment of his eligibility for the presidential candidacy by the Guardian Council.

Similarly, the issue of transferring a land belonging to the public treasury worth 1,000 billion Tomans (as reported in the media) by Mr. Hojat al-Islam Sadeghi, the honorable temporary Friday Prayer Imam of Tehran and the head of the Command Headquarters for Promotion of Virtue and Prevention of Vice, was raised.

He appeared on television and claimed that the signature was forged and that he was unaware of the issue, which unfortunately, after a few days, the falsehood of his statements and the lack of truth in his claim of forged signature were proven to everyone, but the fate of this case was never explained to the public.

Was he falsely accused and guilty, or were the accusations unfounded, and he is innocent?

Even more regrettable is that after the revelation of this major mistake, his presence in the mosque and leading Friday prayers became much more prominent than before, which has made the public's perception of justice more pessimistic and hopeless.

Therefore, this humble servant of Islam, the Imam, the Revolution, the country, and the leadership, requests all the virtuous and righteous, scholars, intellectuals, university and seminary scholars, writers, speakers, and all sectors of society to enter into this important and hopeful matter responsibly, faithfully, and demandingly, and compel the honorable officials and judges of the country to execute justice in dealing with corrupt and embezzlers of public funds in any position, group, or party, without considering political or factional tendencies, and without regard to the position and rank of the accused, so that people's trust in the judiciary and the Islamic Republic government increases, and the lost social capital of the Islamic Republic system is rebuilt and strengthened.

And let us know that if the judiciary, which is the embodiment of justice in any government, exercises its authority and power in the face of small violations but turns a blind eye to the major mistakes and serious accusations of the powerful and incumbent officials, especially if they belong to their own faction and party, under the guise of compassionate treatment, the obituary of that judicial system and consequently the obituary of the government and the political system associated with it will be read.

It is inevitable, but it does not burn. This tradition is a definite historical and divine tradition.

Respectfully,
Mustafa Senaie Far
Lawyer of the Judiciary, Retired Judge, and Reinstated Scholar