New Guardian Council Resolution; Violation of Constitution and Deprivation of Citizens’ Rights

The Guardian Council’s new resolution regarding the twelve conditions for candidates registering in Iran’s presidential election once again exposed this appointed body’s pattern of violating Iran’s Constitution. A practice that has been implemented by this powerful body in recent years and at various times, which more than anything demonstrates that a council tasked with “safeguarding” the Constitution has actually become a council that defines its main duty as safeguarding the “ruling system” and “Islamic law.”

Although Guardian Council officials claim that by issuing this resolution to the Interior Ministry they have not “legislated,” they have emphasized that this resolution is “binding and enforceable.” Nevertheless, implementing this resolution amounts to violating Article 115 of the Constitution. A law that specifies the complete and precise conditions for presidential candidates. Furthermore, the Constitution does not grant the Guardian Council any right to “approve” a resolution or “legislate.”

The Guardian Council’s recent resolution is on one hand a clear instance of depriving the nation of fundamental rights enshrined in Iran’s Constitution, and on the other hand reflects this powerful appointed body’s “safeguarding” of the established sovereignty in Iran.

Although existing realities in recent decades indicate the absence of free elections in Iran and the right of the Iranian people to determine their own destiny is openly violated, the practice of this body both in overseeing elections in Iran and in this council’s interpretation of the country’s laws demonstrates the Guardian Council’s serious determination to completely eliminate the meaning of “republicanism” in Iran’s political system.

Guardian Council; Legislator or Interpreter of the Constitution?

What sparked numerous reactions in recent days following the issuance of the Guardian Council’s new resolution regarding the presidential election is the violation of the Constitution by the Guardian Council through “legislation.” Based on what is stated in the nine principles related to the Guardian Council in Iran’s Constitution, this council does not have the authority to legislate and should only examine parliamentary bills and interpret the Constitution.

Although Guardian Council officials claim that this binding resolution is not “law,” according to many critics, this new circular from the Guardian Council violates the Constitution. To put it differently, if this circular is “interpretation of law,” the explanation and interpretation of ordinary laws according to Article 73 of the Constitution is the responsibility of the Islamic Consultative Assembly.

This matter ultimately prompted the Legal Deputy of the Presidency to declare in a letter dated Monday, May 10, “Setting qualitative standards or legislating based on Article 71 of the Constitution is solely the responsibility of the Parliament, and after the law is passed by Parliament, issuing it for implementation is also the Presidency’s responsibility.” A letter issued in line with Hassan Rouhani’s order to the Interior Ministry regarding non-implementation of the Guardian Council’s resolution.

According to the interpretation of the Legal Deputy of the Presidency, the Interior Ministry should carry out its executive duties regarding the presidential election based on existing laws, regulations, and related laws.

Given that the Guardian Council’s recent action is in complete contradiction with individuals’ personal freedoms, or if implemented, would deprive them of rights stipulated in the Constitution, this matter appears to have the potential for criminal prosecution under Article 570 of the Islamic Penal Code; although in practice and based on precedent, taking actual measures in this regard seems highly unlikely. This legal article emphasizes: “Any official or employee of government bodies and organizations who, contrary to law, deprives citizens of personal freedom or denies them rights stipulated in the Constitution of the Islamic Republic of Iran shall, in addition to dismissal from service and deprivation from government positions for one to five years, be sentenced to imprisonment from two months to three years.”

Several of the twelve conditions for presidential election candidates in the Guardian Council’s recent resolution have been newly added to these conditions; including age limit for candidates (40 to 75 years), requirement of possessing a higher education degree (master’s degree or above), a set of work records in government, judicial and military bodies, and lack of criminal record (with emphasis on non-affiliation with the Green Movement).

Guardian Council legal experts consider the issuance of this resolution as implementing item 9 of Article 110 of the Constitution; where verifying the qualifications of presidential candidates regarding possessing the required conditions is the Guardian Council’s responsibility. Supporters of this resolution, referring to item 5 of Article 10 of the general policies of elections issued in 2016 by the Leader of the Islamic Republic, consider setting qualification conditions for candidates to be entirely the Guardian Council’s responsibility.

Statements by Guardian Council officials and some forces close to the ruling system in support of and enforcement of this resolution, and of course further obstruction including announcing review of presidential candidates’ election programs and the authority and ability to disqualify candidates at any stage of the election, increasingly demonstrate the systematic process of destroying people’s participation in determining their own destiny and in a sense the collapse of the concept of “republicanism” in Iran’s political system.

Guardian Council; Guardian of the “Constitution” or Protector of “Law and System”?

In Iran’s constitutional draft, the Guardian Council was mentioned with the qualifier “Constitution.” The tenth chapter of this constitutional draft, which addressed the Guardian Council, referred to this council as “the Constitutional Guardian Council.” However, during the constitutional review in 1989, one of the topics raised was the discussion of reforming the “Constitutional Guardian Council” and removing the qualifier “Constitution” from this council’s name. A matter that was implemented with the approval vote of the Constitutional Review Assembly members, and the suffix “of the Constitution” was removed from the Guardian Council’s name.

The justification provided by Constitutional Review Assembly members for removing the constitutional suffix from the Guardian Council’s name, as reflected in the detailed minutes of the Constitutional Review Assembly discussions, was that the Guardian Council is not merely an “observer and guardian” of the Constitution, and this council is also a guardian of “Islamic law.”

Nevertheless, the Guardian Council’s practice in recent years testifies that this appointed body, rather than safeguarding the Constitution, is occupied with protecting Islamic law and certainly the ruling system’s positions.

Guardian Council members consist of six jurists and six lawyers, the six jurists of which are appointed and dismissed by order of the Leader of the Islamic Republic of Iran, and the six other members are legal experts selected by the Head of the Judiciary (who is himself appointed by the Leader) and introduced to the Islamic Consultative Assembly for a confidence vote. The Guardian Council’s Secretary is the highest official position in this council. Currently, 95-year-old Ahmad Jannati is the Secretary of this council, a position he has held since 1992. Ahmad Jannati had described the Guardian Council’s recent resolution and its emphasis on candidates’ age requirement as an effective and beneficial measure.

The Guardian Council’s practice in actions contrary to constitutional principles has also been observed in recent years; Minou Khaleghi was a candidate for the tenth Islamic Consultative Assembly in Isfahan, who after winning the election and entering the parliament, the Guardian Council in an unprecedented action rejected her qualification, and Minou Khaleghi was prevented from taking her seat in the Islamic Consultative Assembly.

Undoubtedly, the Guardian Council is currently the most powerful appointed body in the country, and this council’s recent actions increasingly clarify this body’s decisive role in major decision-making and even legislation in the country; an institution that is never accountable for its actions contrary to the country’s Constitution.

Source: Human Rights Campaign