Special Clerical Court
Encyclopedia
Special Clerical Court, or Special Court for Clerics is an Iran
ian court system for examining transgressions within the clerical establishment. It tries Shia Muslim
clerics, although it has also taken on cases involving lay people. The court functions independently of the regular Iranian judicial framework, and is accountable only to the Supreme Leader
. It was established in the early 1980s on an ad hoc basis, subsequently outphased and re-established in 1987. It was fully institutionalized and endowed with a "code" in 1991 under Supreme Leader Khamenei.
Khomeini in order to try an outspoken critic of the Iran-Contra Affair
, Mehdi Hashemi
. Faced with disapproval of the unconstitutionality of the SCC, Khomeini in a letter to the Majles of Iran recommended that the special courts start operating within constitutional parameters after the end of the Iran-Iraq war
.
, and not, as all other courts in Iran, under the judiciary. Whereas the judges of other courts are appointed by the Head of the Judiciary, the judges and prosecutors of the SCC are directly appointed by the Supreme Leader
. The judiciary has no authority to monitor, oversee or interfere in the affairs of the SCC. The Supreme Court, being part of the judiciary, has no jurisdiction to review cases of the SCC. Instead, appeals are heard by another chamber of the clerical court. All court proceedings are closed to the public and whatever other laws may apply to legal proceedings and prison conditions in the country, they do not apply to the SCC. "It is not difficult to see how the SCC, given their legal status outside any accountable, transparent check by a governmental office other than the Office of the Supreme Leader
, could transform into the Supreme Leaders’ primary instrument to discipline and prosecute dissident clerics."
Since cases are referred to the SCC directly by the office of the Supreme Leader
, in theory, the Supreme Leader
is in a position to refer any case to the SCC which he deems as involving some sort of “crime”. Severe punishments, including the death penalty, may be issued. The defense counsel in a trial must be chosen from designated clergy, so that the accused cannot freely choose their defendants.
Very often, the accused are not promptly informed of the charges. Despite the fact that article 32 of the Constitution of Iran states the defendant must be properly arraigned and the charges against him must be conveyed clearly and in writing, the SCC, the SCC frequently violates this principle.
The SCC also de facto take a different approach than the judiciary with regard to the sources of law recognized. Even though Art. 167 of the constitution ranks Islamic sources secondary to any codified law, the SCC considers penal codes as secondary in line to contemporary fatawa.
Iranian Conservatives
believe that Iran's Supreme Leader
has the power to make new courts if he wishes - they say that according to Iran's Constitution, the Supreme Leader
has absolute power, and the constitution represents the least of the powers he is allowed to exercise.
On June 25, 2000, the SCC ordered the Tehran daily Bayan, run by Hojjatoleslam Ali Akbar Mohtashemi, to cease publishing. Mohtashemi was a former interior minister and aide to President Mohammad Khatami
.
The parallel between the Special Clerical Court and the Star Chamber
at the Palace of Westminster
is too close to escape notice. The Chamber met in secret, without a jury
, wielded arbitrary powers, and dealt severely with opponents of the King who were too powerful for ordinary laws. The message of the Clerical Court was especially chilling in the sense that Mohammad Mousavi Khoeiniha
was a stalwart upholder of the régime and the principle of the clergy's right to rule. It would be hard to imagine a step the authorities could take which would cause greater unease and insecurity amongst its supporters.
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
ian court system for examining transgressions within the clerical establishment. It tries Shia Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
clerics, although it has also taken on cases involving lay people. The court functions independently of the regular Iranian judicial framework, and is accountable only to the Supreme Leader
Supreme leader
A supreme leader typically refers to a figure in the highest leadership position of an entity, group, organization, or state, who exercises strong or all-powerful authority over it. In religion, the supreme leader or supreme leaders is God or Gods...
. It was established in the early 1980s on an ad hoc basis, subsequently outphased and re-established in 1987. It was fully institutionalized and endowed with a "code" in 1991 under Supreme Leader Khamenei.
History
During the early years of the Iranian revolution, the Special Courts for the Clergy (SCC) were established to deal with criminal acts committed by members of the clergy. In 1987, the courts were revived by decree of AyatollahAyatollah
Ayatollah is a high ranking title given to Usuli Twelver Shī‘ah clerics. Those who carry the title are experts in Islamic studies such as jurisprudence, ethics, and philosophy and usually teach in Islamic seminaries. The next lower clerical rank is Hojatoleslam wal-muslemin...
Khomeini in order to try an outspoken critic of the Iran-Contra Affair
Iran-Contra Affair
The Iran–Contra affair , also referred to as Irangate, Contragate or Iran-Contra-Gate, was a political scandal in the United States that came to light in November 1986. During the Reagan administration, senior Reagan administration officials and President Reagan secretly facilitated the sale of...
, Mehdi Hashemi
Mehdi Hashemi
Mehdi Hashemi was an Iranian Shi'a cleric, and after the 1979 Iranian Revolution, a senior official in the Islamic Revolutionary Guards; he was executed by the new Islamic Republic in its first decade...
. Faced with disapproval of the unconstitutionality of the SCC, Khomeini in a letter to the Majles of Iran recommended that the special courts start operating within constitutional parameters after the end of the Iran-Iraq war
Iran-Iraq War
The Iran–Iraq War was an armed conflict between the armed forces of Iraq and Iran, lasting from September 1980 to August 1988, making it the longest conventional war of the twentieth century...
.
The court and the law
Their legalization and integration into the official justice system never materialized and thus the Courts for the Clergy continue to function under the direct jurisdiction of the Supreme LeaderSupreme leader
A supreme leader typically refers to a figure in the highest leadership position of an entity, group, organization, or state, who exercises strong or all-powerful authority over it. In religion, the supreme leader or supreme leaders is God or Gods...
, and not, as all other courts in Iran, under the judiciary. Whereas the judges of other courts are appointed by the Head of the Judiciary, the judges and prosecutors of the SCC are directly appointed by the Supreme Leader
Supreme leader
A supreme leader typically refers to a figure in the highest leadership position of an entity, group, organization, or state, who exercises strong or all-powerful authority over it. In religion, the supreme leader or supreme leaders is God or Gods...
. The judiciary has no authority to monitor, oversee or interfere in the affairs of the SCC. The Supreme Court, being part of the judiciary, has no jurisdiction to review cases of the SCC. Instead, appeals are heard by another chamber of the clerical court. All court proceedings are closed to the public and whatever other laws may apply to legal proceedings and prison conditions in the country, they do not apply to the SCC. "It is not difficult to see how the SCC, given their legal status outside any accountable, transparent check by a governmental office other than the Office of the Supreme Leader
Supreme leader
A supreme leader typically refers to a figure in the highest leadership position of an entity, group, organization, or state, who exercises strong or all-powerful authority over it. In religion, the supreme leader or supreme leaders is God or Gods...
, could transform into the Supreme Leaders’ primary instrument to discipline and prosecute dissident clerics."
Since cases are referred to the SCC directly by the office of the Supreme Leader
Supreme leader
A supreme leader typically refers to a figure in the highest leadership position of an entity, group, organization, or state, who exercises strong or all-powerful authority over it. In religion, the supreme leader or supreme leaders is God or Gods...
, in theory, the Supreme Leader
Supreme leader
A supreme leader typically refers to a figure in the highest leadership position of an entity, group, organization, or state, who exercises strong or all-powerful authority over it. In religion, the supreme leader or supreme leaders is God or Gods...
is in a position to refer any case to the SCC which he deems as involving some sort of “crime”. Severe punishments, including the death penalty, may be issued. The defense counsel in a trial must be chosen from designated clergy, so that the accused cannot freely choose their defendants.
Very often, the accused are not promptly informed of the charges. Despite the fact that article 32 of the Constitution of Iran states the defendant must be properly arraigned and the charges against him must be conveyed clearly and in writing, the SCC, the SCC frequently violates this principle.
The SCC also de facto take a different approach than the judiciary with regard to the sources of law recognized. Even though Art. 167 of the constitution ranks Islamic sources secondary to any codified law, the SCC considers penal codes as secondary in line to contemporary fatawa.
Iranian Conservatives
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
believe that Iran's Supreme Leader
Supreme leader
A supreme leader typically refers to a figure in the highest leadership position of an entity, group, organization, or state, who exercises strong or all-powerful authority over it. In religion, the supreme leader or supreme leaders is God or Gods...
has the power to make new courts if he wishes - they say that according to Iran's Constitution, the Supreme Leader
Supreme leader
A supreme leader typically refers to a figure in the highest leadership position of an entity, group, organization, or state, who exercises strong or all-powerful authority over it. In religion, the supreme leader or supreme leaders is God or Gods...
has absolute power, and the constitution represents the least of the powers he is allowed to exercise.
Other functions
The SCC do not only sentence criminal and dissident clerics. They also censor and confiscate works that might challenge the Rahbar’s theological and jurisprudential authority, notably those works authored by senior ayatollahs who oppose the velayate faqih or particular policies of the regime.On June 25, 2000, the SCC ordered the Tehran daily Bayan, run by Hojjatoleslam Ali Akbar Mohtashemi, to cease publishing. Mohtashemi was a former interior minister and aide to President Mohammad Khatami
Mohammad Khatami
Sayyid Mohammad Khātamī is an Iranian scholar, philosopher, Shiite theologian and Reformist politician. He served as the fifth President of Iran from August 2, 1997 to August 3, 2005. He also served as Iran's Minister of Culture in both the 1980s and 1990s...
.
The parallel between the Special Clerical Court and the Star Chamber
Star Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
at the Palace of Westminster
Palace of Westminster
The Palace of Westminster, also known as the Houses of Parliament or Westminster Palace, is the meeting place of the two houses of the Parliament of the United Kingdom—the House of Lords and the House of Commons...
is too close to escape notice. The Chamber met in secret, without a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, wielded arbitrary powers, and dealt severely with opponents of the King who were too powerful for ordinary laws. The message of the Clerical Court was especially chilling in the sense that Mohammad Mousavi Khoeiniha
Mohammad Mousavi Khoeiniha
Ayatollah Mohammad Mousavi Khoeiniha is an Iranian cleric and secretary general of the reformist Association of Combatant Clerics. He was a founder of the now banned Salam newspaper and is a member of the Expediency Discernment Council.-Overview:Khoeiniha was prosecutor general of Iran after...
was a stalwart upholder of the régime and the principle of the clergy's right to rule. It would be hard to imagine a step the authorities could take which would cause greater unease and insecurity amongst its supporters.
See also
- Islamic Revolutionary CourtIslamic Revolutionary CourtIslamic Revolutionary Court is a special court in the Islamic Republic of Iran designed to try those suspected of smuggling, blaspheming, inticing violence or trying to overthrow the Iranian government...
- Mehdi HashemiMehdi HashemiMehdi Hashemi was an Iranian Shi'a cleric, and after the 1979 Iranian Revolution, a senior official in the Islamic Revolutionary Guards; he was executed by the new Islamic Republic in its first decade...
- Iran-Contra AffairIran-Contra AffairThe Iran–Contra affair , also referred to as Irangate, Contragate or Iran-Contra-Gate, was a political scandal in the United States that came to light in November 1986. During the Reagan administration, senior Reagan administration officials and President Reagan secretly facilitated the sale of...
- Mohammad Mousavi KhoeinihaMohammad Mousavi KhoeinihaAyatollah Mohammad Mousavi Khoeiniha is an Iranian cleric and secretary general of the reformist Association of Combatant Clerics. He was a founder of the now banned Salam newspaper and is a member of the Expediency Discernment Council.-Overview:Khoeiniha was prosecutor general of Iran after...
- Mohsen KadivarMohsen KadivarMohsen Kadivar is an Iranian philosopher, University lecturer, cleric and activist. A political dissident, Kadivar has been a vocal critic of the doctrine of clerical rule, also known as Velayat-e Faqih , and a strong advocate of democratic and liberal reforms in Iran...
- Abdullah Nouri