Iran's guardians council as an obstacle to democracy

Middle East Journal

Volumn 55, Issue 4, 2001, Pages 642-662

  Samii, A William ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0039838668     PISSN: 00263141     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (124)

1. The term also has been translated as "advisory supervision." Approbatory, however, means that something is legally binding, with the opportunity for an appeal, whereas advisory suggests that a choice is involved.
2. nd ed., (Boulder, CO: Westview Press), 1994, p. 154.
3. nd ed., (New York, NY: Basic Books), 1990, p. 74.
4. Bakhash, p.77.
5. Ayandigan, June 23, 1979, in Bakhash, p. 78.
6. At the time, Hojatoleslam 'Ali Husseini Khamene'i, who is now the Supreme Leader, objected to the inclusion of any lawyers; see Bahman Baktiari, Parliamentary Politics in Revolutionary Iran, (Gainsville, FL: University Press of Florida), 1996, p. 61.
7. All quotations from the Constitution are at http://www.uni-wuerzburg.de/law/ir00000-.html.
8. Milani, p. 159.
9. Baktiari, pp. 60-62.
10. Aban, June 12, 1999. Montazeri reiterated these views in interviews published by Reuters and The Guardian, January 13, 2000. The directors of Sobh-i Imruz, Fath, and Asr-i Azadegan had to appear in court because they published parts of the interviews.
11. Aban, June 12, 1999. Montazeri reiterated these views in interviews published by Reuters and The Guardian, January 13, 2000. The directors of Sobh-i Imruz, Fath, and Asr-i Azadegan had to appear in court because they published parts of the interviews.
12. Aban, June 12, 1999.
13. Aban, June 12, 1999
14. Resalat, July 20, 2000.
15. IRNA, July 18, 2000.
16. Ayatollah Ahmad Jannati, addressing students at Sharif Industrial University, cited by Jomhuri-yi Islami, October 18, 1998.
17. Hojatoleslam Ruhollah Husseinian, head of the government's documents center, and Hojatoleslam Mohammad Mohammadi-Reyshahri of the Special Court for the Clergy, cited by Abrar, January 24, 1999.
18. Sobh-i Imruz, February 2, 1999, in Akbar Ganji, "30 million people and six individuals," Sobh-i Imruz, May 27, 1999.
19. Sobh-i Imruz, February 2, 1999, in Akbar Ganji, "30 million people and six individuals," Sobh-i Imruz, May 27, 1999.
20. Supreme Leader Ayatollah Ali Khamenei, speaking to editors and publishers, IRNA, May 18, 1999.
21. Voice of the Islamic Republic of Iran, Network 1, May 19, 1999.
22. Abrar, May 20, 1999.
23. Resalat, May 22, 1999.
24. Jomhuri-yi Islami, May 22, 1999.
25. Hojatoleslam Mohammad Mohammadi-Reyshahri, who led a political organization called the Society for Defense of the Values of the Islamic Revolution, cited in Jomhuri-yi Islami, May 24, 1999.
26. Hojatoleslam Mohammad Mohammadi-Araqi, cited in Jomhuri-yi Islami, May 25, 1999.
27. Ayatollah Abol Qasem Khazali, cited in Iran, June 6, 1999.
28. Jahan-i Islam, June 10, 1999.
29. Iran News, April 28, 1997. The applications of 'Ezzatollah Sahabi, Ebrahim Yazdi, and Habibollah Peyman were not accepted because they crossed out the section indicating Vilayat-e Faqih and the Constitution; Iran News, May 1, 1997.
30. Iran News, April 28, 1997. The applications of 'Ezzatollah Sahabi, Ebrahim Yazdi, and Habibollah Peyman were not accepted because they crossed out the section indicating Vilayat-e Faqih and the Constitution; Iran News, May 1, 1997.
31. Salam, May 3, 1997.
32. Kazem Qazi-Zadeh, head of the Research Center of the Assembly of Experts Secretariat, cited by Tehran Times, September 9, 1998.
33. The Office for Strengthening Unity boycotted the election after the candidacy of two of its leaders (Hojatoleslam Mohammad Asqar Musavi-Khoeniha and Mohammad Ebrahim Asqarzadeh) was rejected despite their revolutionary credentials and previous government service. The Executives of Construction Party protested that "a large number of the [rejected] candidates enjoy the endorsement of the seminaries and the country's senior religious figures and have brilliant records in terms of learning, struggle, and politics." (IRNA, September 30, 1998). The Kumayl Association of Qom complained that "there were instances of bias." Its statement continued, "The esteemed Guardians Council, by using the weapon of approbatory supervision, has once again blocked the entrance of a large number of university and seminary teachers, as well as sincere friends of the Imam's line, to the Assembly of Experts." (Iran, October 15, 1998).
34. The Office for Strengthening Unity boycotted the election after the candidacy of two of its leaders (Hojatoleslam Mohammad Asqar Musavi-Khoeniha and Mohammad Ebrahim Asqarzadeh) was rejected despite their revolutionary credentials and previous government service. The Executives of Construction Party protested that "a large number of the [rejected] candidates enjoy the endorsement of the seminaries and the country's senior religious figures and have brilliant records in terms of learning, struggle, and politics." (IRNA, September 30, 1998). The Kumayl Association of Qom complained that "there were instances of bias." Its statement continued, "The esteemed Guardians Council, by using the weapon of approbatory supervision, has once again blocked the entrance of a large number of university and seminary teachers, as well as sincere friends of the Imam's line, to the Assembly of Experts." (Iran, October 15, 1998).
35. Voice of the Islamic Republic of Iran, October 17, 1998.
36. Voice of the Islamic Republic of Iran, October 17, 1998.
37. RFE/RL Iran Report, Vol. 1, No. 1 (November 9, 1998).
38. Jahan-i Islam, October 28, 1998.
39. Vision of the Islamic Republic of Iran, Network 1, December 28, 1999.
40. Iran News, December 20, 1999.
41. Iran News, December 20, 1999.
42. IRNA, December 29, 1999.
43. 'Ali Baqeri, chairman of Gilan Province election headquarters, cited in Pegah, January 2, 2000.
44. The Guardians Council's actions were described as unconstitutional. "It is the explicit wording of the constitution that 'candidacy in elections' is the natural right of every citizen and that nobody and no authority has the right to deny or restrict this right;" Iran, January 5, 2000. Legal experts 'Ali Shokuri-Rad, Mahmud Akhundi, and Mohammad Reza Kamyar stated that the Guardians Council was exceeding its authority: Mosharekat, January 3, 2000.
45. The Guardians Council's actions were described as unconstitutional. "It is the explicit wording of the constitution that 'candidacy in elections' is the natural right of every citizen and that nobody and no authority has the right to deny or restrict this right;" Iran, January 5, 2000. Legal experts 'Ali Shokuri-Rad, Mahmud Akhundi, and Mohammad Reza Kamyar stated that the Guardians Council was exceeding its authority: Mosharekat, January 3, 2000.
46. Savajbalagh and Taleqan representative Ja'far Golbaz, cited in Iran, January 11, 2000.
47. Fazlollah Salavati, "To the esteemed members of the Guardians Council," Aftab-e Imruz, January 22, 2000.
48. All quotations in this paragraph are from Ayatollah Ahmad Jannati, Tehran Friday Prayer sermons, Voice of the Islamic Republic of Iran, Network 1, May 4, 2001.
49. Mohsen Sazgara in an interview with RFE/RL's Persian Service, cited by RFE/RL Iran Report, Vol. 4, No. 20 (May 28, 2001).
50. A statement from the Mujahedin of the Islamic Revolution Organization referring to Mohammad Ebrahim Asqarzadeh, cited by IRNA, May 18, 2001.
51. Seyyed Reza Zavarei, Vision of the Islamic Republic of Iran, Network 1, May 11, 2001.
52. Hojatoleslam Qorban'ali Dori-Najafabadi, quoted in Iran, May 9, 2001.
53. Noruz, May 30, 2001.
54. Sobh-i Imruz, May 13, 1999.
55. Khordad, May 10, 1999.
56. Rajabali Mazru'i of the Salam editorial board and the Islamic Iran Participation Party, and Tehran city council member Davud Suleimani, cited in Khordad, May 11, 1999.
57. Neshat, May 16, 1999.
58. Tarbiat-i Mudariss (Tehran Teachers Training College) law lecturer Hussein Mehrpur, speaking at a May 1999 seminar on "Freedom and its Realization in the Islamic Republic of Iran," cited in Kar va Kargar, May 6, 1999.
59. Hojatoleslam Assadollah Bayat, cited by Neshat, May 17, 1999.
60. Kambiz Nowruzi, cited in Khordad, May 11, 1999.
61. Resalat, May 17, 1999.
62. Voice of the Islamic Republic of Iran, Network 1, January 25, 2000.
63. Voice of the Islamic Republic of Iran, Network 1, January 31, 2000.
64. Mosharekat, February 9, 2000. State radio did not broadcast this part of the speech, which is why Mosharekat, a daily affiliated with the Islamic Iran Participation Party, wrote about it the next day; see Vision of the Islamic Republic of Iran, Network 1, February 8, 2000.
65. Mosharekat, February 9, 2000. State radio did not broadcast this part of the speech, which is why Mosharekat, a daily affiliated with the Islamic Iran Participation Party, wrote about it the next day; see Vision of the Islamic Republic of Iran, Network 1, February 8, 2000.
66. IRNA, August 11, 1999.
67. Hojatoleslam Movahedi-Savoji, who delayed the amendment's introduction for many months, cited by Tehran Times, June 27, 1999. Interior Minister Abdolvahed Musavi-Lari, cited by IRNA July 6, 1999.
68. Hojatoleslam Movahedi-Savoji, who delayed the amendment's introduction for many months, cited by Tehran Times, June 27, 1999. Interior Minister Abdolvahed Musavi-Lari, cited by IRNA July 6, 1999.
69. Voice of the Islamic Republic of Iran, Network 1, August 12, 1999.
70. Sobh-i Imruz, September 21, 1999.
71. Voice of the Islamic Republic of Iran, Network 1, November 13, 1999.
72. Article 29 of the election law made Expediency Council chairman Hojatoleslam 'Ali-Akbar Hashemi-Rafsanjani an exception to this rule; IRNA, August 16, 1999.
73. Agence France-Presse, August 14, 1999.
74. Vision of the Islamic Republic of Iran, Network 1, September 28, 1999.
75. IRNA, December 27, 1999.
76. Ettelaat, April 29, 1992, in Farzin Sarabi, "The Post-Khomeini Era in Iran: The Elections of the Fourth Islamic Majlis," Middle East Journal, Vol. 48, No. 1 (Winter 1994).
77. Ettelaat, April 29, 1992, in Farzin Sarabi, "The Post-Khomeini Era in Iran: The Elections of the Fourth Islamic Majlis," Middle East Journal, Vol. 48, No. 1 (Winter 1994).
78. Ayatollah Ahmad Jannati, addressing students at Sharif Industrial University, cited by Jomhuri-yi Islami, October 18, 1998.
79. Iran, October 17, 1998.
80. Hamshahri, October 24, 1998.
81. Hamshahri, October 24, 1998.
82. Ayatollah Ahmad Jannati, Tehran Second Friday Prayer Sermon, Voice of the Islamic Republic of Iran, Network 1, January 7, 2000.
83. A little more than a month before the election, the Interior Ministry announced the rejection of 758 applicants; (IRNA, January 14, 2000). About two weeks later, the Guardians Council announced that its investigation of appeals was complete, and it confirmed the rejection of 600 candidates; (Voice of the Islamic Republic of Iran, Network 1, January 27, 2000). Two days later, Interior Ministry elections department chief Zaker announced that 669 candidates were rejected (IRNA, January 29, 2000), while the Council said 192 candidates were reinstated and 99 new candidates were disapproved (Voice of the Islamic Republic of Iran, Network 1, January 29, 2000).
84. A little more than a month before the election, the Interior Ministry announced the rejection of 758 applicants; (IRNA, January 14, 2000). About two weeks later, the Guardians Council announced that its investigation of appeals was complete, and it confirmed the rejection of 600 candidates; (Voice of the Islamic Republic of Iran, Network 1, January 27, 2000). Two days later, Interior Ministry elections department chief Zaker announced that 669 candidates were rejected (IRNA, January 29, 2000), while the Council said 192 candidates were reinstated and 99 new candidates were disapproved (Voice of the Islamic Republic of Iran, Network 1, January 29, 2000).
85. A little more than a month before the election, the Interior Ministry announced the rejection of 758 applicants; (IRNA, January 14, 2000). About two weeks later, the Guardians Council announced that its investigation of appeals was complete, and it confirmed the rejection of 600 candidates; (Voice of the Islamic Republic of Iran, Network 1, January 27, 2000). Two days later, Interior Ministry elections department chief Zaker announced that 669 candidates were rejected (IRNA, January 29, 2000), while the Council said 192 candidates were reinstated and 99 new candidates were disapproved (Voice of the Islamic Republic of Iran, Network 1, January 29, 2000).
86. A little more than a month before the election, the Interior Ministry announced the rejection of 758 applicants; (IRNA, January 14, 2000). About two weeks later, the Guardians Council announced that its investigation of appeals was complete, and it confirmed the rejection of 600 candidates; (Voice of the Islamic Republic of Iran, Network 1, January 27, 2000). Two days later, Interior Ministry elections department chief Zaker announced that 669 candidates were rejected (IRNA, January 29, 2000), while the Council said 192 candidates were reinstated and 99 new candidates were disapproved (Voice of the Islamic Republic of Iran, Network 1, January 29, 2000).
87. Ayatollah Reza Ostadi, quoted by Voice of the Islamic Republic of Iran, Network 1, January 27, 2000.
88. A Guardians Council statement, cited by Voice of the Islamic Republic of Iran, Network 1, January 29, 2000.
89. Interior Ministry Deputy for Socio-Political Affairs Mustafa Tajzadeh, quoted by IRNA, February 2, 2000.
90. Mosharekat, January 13, 2000. Parliamentarian Yadollah Tahernezhad, cited in Iran, February 2, 2000.
91. Mosharekat, January 13, 2000. Parliamentarian Yadollah Tahernezhad, cited in Iran, February 2, 2000.
92. th Bahman [February 7], is final and should form the basis for action" (Vision of the Islamic Republic of Iran, Network 1, February 8, 2000). But a week later Interior Minister 'Abdolvahed Musavi-Lari said that the Guardians Council was trying to reject more candidates (Hamshahri, February 14, 2000).
93. th Bahman [February 7], is final and should form the basis for action" (Vision of the Islamic Republic of Iran, Network 1, February 8, 2000). But a week later Interior Minister 'Abdolvahed Musavi-Lari said that the Guardians Council was trying to reject more candidates (Hamshahri, February 14, 2000).
94. Vision of the Islamic Republic of Iran, Network 1, February 15, 2000.
95. Vision of the Islamic Republic of Iran, Network 1, April 10, 2000.
96. Ayatollah Ahmad Jannati, cited by IRNA, April 18, 2000.
97. Expediency Council chairman 'Ali-Akbar Hashemi-Rafsanjani urged a resumption of the recount in a letter to the Guardians Council, and Deputy Interior Minister Tajzadeh said the Guardians Council's failure to make an official pronouncement on the issue was unjustified; Hamshahri, April 3, 2000.
98. Ayatollah Ahmad Jannati, cited by IRNA, April 18, 2000.
99. Hashemi-Rafsanjani announced on May 25 that he would not take a seat in the sixth parliament, because the dubious atmosphere surrounding the Tehran polls made it difficult for him to discharge his duties and because he wanted to preserve the system's unity. See RFE/RL Iran Report, Vol. 3, No. 21 (May 29, 2000).
100. Ayatollah Mohammad Abai-Khorasani, secretary of the Qom Association of Seminary Students and Lecturers (Majma'e-yi Mudarisin va Muhaqiqin-i Howzeh-yi Elmieh-yi Qom), cited by Iran, May 24, 2000.
101. IRNA, May 23, 2000.
102. IRNA, June 9, 2000.
103. Bayan, June 24, 2000.
104. Tehran Times, June 29, 2000.
105. IRNA, July 18, 2000.
106. Ayatollah Ahmad Jannati, second Friday Prayer sermon, Voice of the Islamic Republic of Iran, Network 1, July 21, 2000.
107. Khorasan, July 26, 2000.
108. There were further changes to the clerical membership of the Council in July 2001, when the Supreme Leader appointed Ayatollah Mohammad Hassan Qaderi and Hojatoleslam Sadeq Larijani as clerical members, and he re-appointed Ayatollahs Mohammad Mo'men and Mohammad Yazdi (IRNA July 16, 2001). Qaderi and Larijani replaced Taheri-Khorramabadi, who resigned due to health problems, and Ostadi, whose term had ended.
109. Al-Sharq al-Awsat, May 17, 2000.
110. Vision of the Islamic Republic of Iran, Network 1, February 5, 2000.
111. Vision of the Islamic Republic of Iran. Network 1, September 28, 1999.
112. Vision of the Islamic Republic of Iran, Network 1, April 10, 2000.
113. Reuters, June 11, 2000.
114. Vision of the Islamic Republic of Iran, Network 2, June 25, 2000.
115. Ayatollah Reza Ostadi, "An important legal question." Jomhuri-e Islami, August 15, 2000.
116. Ayatollah Ahmad Jannati, August 18 Friday Prayers sermon.
117. Hojatoleslam Assadollah Bayat, cited by Hayat-i No, August 20, 2000.
118. A lengthy article in Jebhe called for the parliamentary court, Qazvin-based political activist Taqi Rahmani said in a August 20 interview with RFE/RL's Persian Service, cited by RFE/RL Iran Report, Vol. 3, No. 33 (August 28, 2000).
119. Isfahan representative Rajabali Mazrui, during the 16 August parliamentary session, cited by Hayat-i No, August 17, 2000.
120. Gary Sick, "Iran's Elections: Out of Chaos, Change," Middle East Economic Survey, Vol. XLIII, No. 9 (February 28, 2000).
121. Mohammad Ali Kuzegar of Shahriar and Robat Karim constituency in Tehran Province, cited by Iran Daily, July 17, 2001.
122. IRNA, August 5, 2001.
123. IRNA, July 13, 2001.
124. From the Interim Report of the Commission on Human Rights on the situation of human rights in the Islamic Republic of Iran, by Special Rapporteur Maurice Copithorne; United Nations General Assembly, Situation of human rights in the Islamic Republic of Iran, AA/55/363, September 8, 2000.