The administration & governmental entities building connections with their readers are using different ways. One of those ways is to publish a magazine. In today’s modern world, the traditional ways to build a connection is no longer effective and those ways are being replaced by the new ones that are exceptionally effective. The basis for building a connection is to know your readers very well.

The reader’s interest and his believes must be considered and accordingly the needs and his liking, the influential messages are being presented so to leads the readers to their duties. Usually such publication are categories in three groups:

A – general groups

B- specialized groups

C- semi – specialized groups

The specialized publication delivers specific subjects that only understood by experts in fields.

The semi – specialized publications would speaks on subjects in some way specific which aside from expects, common peoples who may grow interest in the subject may utilized them.e.g. law publications that excepts from lowers & judges, other interested parties on the subject may benefit from it. The general publications are that addresses all literate peoples. The justice Dept of Tehran is specialized org., which has to communicate with judges. The judges due to their espacific knowledge and their sensitive duties, they have to communicative with all folk of lives. Thus, creating a publication, which nourishes the judges and answers to questions of folks. The judging magazine intends to main concerns of judges new enactment’s, management training & R & D on legislative body of Gov. and issuing writ from courts & judges, and also opinion of judicial authorities.

Objectives :

1.         Deliverance of Educational norms. Due to Hectic schealess of  & employee.

2.         Creating participatory action among the J D of IRAN. The judges may air their opinions on the J M.

3.        Creating open forum participated by folks & judges so to eliminate mistakes. In judicial proceedings.

4.        Dissuasion of latest finding in laws at national and international levels, which in turn increases, the guilty of judging general.

5.        Sharing the judge’s experiences to enhance and up grade the abilities of young judges.

6.        A communicative bridge between justice management and judges through dialogues may remove the difficulties of judicial proceedings.

7.        Appropriate venue for judges to discuss their opinion as a “public survey “ about enactment and writs from courts.

8.        Of course in making such magazine, we need the collaboration of judges and administrative officials. We hope and looking forward to have your comments.  For the ending, the poet Mr. Soohravardi says: say words when you got listeners .

              Editor in Chief’s signature

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An accused who did not reach court

  ON Friday 24 Th. of February, Lebanon accused Israel that assassinated Elias Yousef Habighah known as Ili Habighah – Due to this reason that in war criminal court which establishes in Belgium against Ariel Sharon, Israel prime minister, since he could play an important role, so as Reuters report in bomb-explosion in Hazmieh, Habighah and three other were murdered and three were injured whom two of them were Habighah’s life-guards. Reuters reported that the Lebanese government has confessed that it has not any such strong document to connect this event to Israel. Lebanese press wrote that Habighah had important documents to deliver to the war criminal court in Belgium. Recently Habighah in an interview with “ Daily star”, the Lebanese press, had spoken of very important documents and video cassettes which could prove his innocence, as he guessed. He emphasized that the documents are in a secure place. But he did not appoint to any thing or any subject to how they can be accessed. Habighah’s death was on the same date, which Lebanon was making itself ready to be the host of Arabic governments’ summit. Recent events reminded interior Lebanese war from 1975 to 1990. Habighah was the first Lebanese combatant who after finishing 12 years of interior war has been killed. By virtue of Belgium laws, the courts of this country have permission to hear and examine human rights crimes in any place in the world, which they have happened. In application of complaint which has been provided against Sabra and Shatila’s criminals it has written and noted that Habighah has not entered camps but when he had asked through wireless about what they should do with 50 men and women, he responded: “ For the last time I inform you not to ask me such a question, you know yourself what you should do very well “. When the news of Habigheh’s assassination was released in Lebanon, many people got happy and Lebanese Palestinians represented their happiness with shooting bullets. After Israel’s attack to south Lebanon in 1982 and surrounding Palestinian refugees camping. Habighah was army information commander of Lebanese Christians , and he had participated in massacre of refugee Palestinians in Sabra and Shatila , although he never took the responsibility to commit such a crime . He declared to be ready to participate in a court which was held in Belgium to try Ariel Sharon, Israeli prime minister, to accuse him for his participation in general massacre of Palestinian refugees in Lebanon’s Sabra and Shatila and in a press conference Habighah told: “ I am ready to take place in Belgium courts to prove my innocence, I am eager if this file open in a neutral place which is out of any political pressure to prove my innocence “Habighah has not tried in any court in spite of the fame, which he accessed in this case. In current mid–June a Belgium judge was hearing and examining to the complaints which Sabra and Shatila’s event survivors have filed suite against Ariel Sharon and requested to pursue it and punish him for accuse of war crime against humanity. Sharon was defense minister of Israel in 1982 at the time of this massacre in Israel attack to Lebanon. In 1983 in a minute- research, which was held by Israeli government, Habighah was recognized as general authority of Lebanese forces – Israeli Christian right-winger militias – and direct responsible in massacre of refugees and non-militaries in Sabra and Shatila. Actually, Israeli army surrounded these two camps on September 1982 and let Lebanese Christian militias to commit such massacre. On the basis of this Israeli minute-research, Sharon had played an indirect role. In addition to this research, Sharon has been recognized and introduced as direct responsible for neglecting of revenge danger of Lebanese against Palestinian refugees in South-Lebanon. Habighah was continuously emphasizing that even his innocence would not be proved in Belgium; he himself would pursue this in its legal aspect up to proving his innocence. A few before bomb-explosion event, just at the time when Belgium court designated a group for Sahra and Shatila event’s minute–research. Habighah in an interview with French news agency worried and thought that his life is in danger. He claimed that he would reveal and release many important documents. In Belgium court. Belgium court is going to render a judgment on 6^th March about this file. Habighah was accused to instruct for assassination of some Lebanese political individuals in 1980’s.  In a period of time he was one of the close partials of Israeilians but afterwards changed his idea and become a partial of Syria. . His accusations and plans, which he planned to assassinate politicians in Lebanon, made an indecent character of him. Robert Maron Hatam, the farmer guard of Habighah, in an interview with Al-jazireh TV, revealed that exactly two years before assassinate plotting which was planned by Habighah and Asad Shartari, current chairman of Lebanese information organization approved his suggestions. This subject had a great reflection in that period in Lebanese press. Two of these accusations were Tony Franjieh’s assassination in 1978 and Mustafa saad in 1985, whom both were member of Lebanese parliament. In the same interview, Hatam revealed other subjects such as: Valid Jonbalat assassination, kidnapping 4 Iranian diplomats in 1982, bomb-explosion in the location of Kataeb party in which Bashir Jamil was murdered, kidnapping 2 Lebanese businessmen, bribing to Manif Ovaideh, former Lebanese attorney general, In order to forge a file against Samir JaJa (Christian Army commander). Lebanon and….

Robert Marton Hatam, with publishing a book about this case named “from Israel to Damascus” promised to publish all documents, evidences and photos relevant to Habighah’s accusations in another book.

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An act for Tranquility

Chapter one

A.       Insurance role in society and its types:

Insurance is an operation and agreement between Insurance Co. and beneficiary which pays fees (insurance fee or accompany share) to receive pension or interest at the  time of event occurrence.
According to history, man-life has not been tolerable without essential forecasts such as insurance. From the initial life of man up to insurance industry, one of advance industries, and university courses of the world, insurance had been effective. As tribal life of man, if a member of tribe, commit a crime against another tribe, the committed targeted all that tribe members, and by this means he/she made up all deficiencies while id of man whether before Islam and afterwards and even now has been judging among people and under some conditions the blood-money of murderer been received from the other sides).
The best result is that insurance organ is a necessary agent to social life and advancement and growth of this organ causes more welfare for most people.
Nowadays, because of complicated industrial activities and technologized life of people and car-traffic have caused several kinds of insurance-contracts such as: Ground, sea and ocean and air insurance. Although, Iranian industry of insurance is not now equal to the counter part countries, on the basis of daily needs there are several kinds of insurance contracts now, such as: cargo, travelling agricultural products, flame, theft, earthquake flood, equipment and machinery, sport, credit, unemployment and obligatory insurance for vehicle drivers and owners.
By virtue of Art.2 of insurance law, approved 65 years ago, insurance contracts should be as written document and that would be called policy. Nowadays, they are called appending insurance contracts due they are written and provided before signing and only new insurance-beneficiary would be appended to it and no one can add or remove things to or from it especially in their pre-typed samples.
By virtue of Art.4 of the insurance law, the subject of insurance may be property whether some-property or its interest or any kind of legal responsibility provided that the insure would be beneficiary not to spoil the insured thing. Also it is possible that insurance may be for event or a danger from which insure would be deficient.
In Art.1 of insurance companies affairs law, approved about 14 years ago, there has mentioned 4 kinds of insurance companies in Iran: Iran, Asia, Alborz and Dana insurance companies which are joint socks and are allowed to do insurance operations in governmental, co-operative and private sections.
To regulate insurance operations, legislator should do special actions and government should supervise upon insurance companies to guarantee them and support rights of insurance companies, insures and beneficiary individuals/. Art.1 of Iran-central insurance establishment law, approved about 31 years ago, has instructed to establish an institute name Iran-central insurance Co. in competence agricultural products, flame, theft, earthquake, flood, equipment and machinery, sport, credit, unemployment and obligatory insurance for vehicle drivers and owners.
By virtue of Art.2 of insurance law, approved 65 years ago, insurance contracts should as written document and that would be called policy. Nowadays, they are called appending insurance contracts due they are written and provided before signing and only new insurance-beneficiary would be appended to it and no one can add or remove things to or from it especially in their pre-typed samples.
By virtue of Art.4 of the insurance law, the subject of insurance may be property whether some-property of its interest or any kind of legal responsibility provided that insure would be beneficiary not to spoil the insured thing. Also it is possible that insurance may be for event or a danger form which insure would be deficient. In Art.1 of insurance companies with law, as a joint stock Co., to governmental service supporting rights of parties and conducting insurance affairs in Iran.
Art2. Of the same law explains that the capital of Iran-Central insurance Co. is Rls 5,000,000,000 /- which divides into 50 shares with 10 million Rials capital and all belongs to the government and is not transferable and its increase is possible by public meeting approval. This fund is provided from Iran insurance PJS Co. The most important think, here is the role of Iran-central insurance in supporting insurance parties’ rights in policy contracts, which this duty in law and related regulations of insurance has been mentioned in details.

B.       The duty of Iran insurance Co.

Against body injuries caused by vehicles and kinds of trailers and trains, Iran insurance Co. has special responsibility by virtue of law.
Art.10 is about obligatory evil responsibility of vehicle owners against third parties, approved about 20 years to make up body – injuries to third- parties, which due to non-insurance of vehicle, cancellation of policy contract, suspension of contract, suspension of insurance Co.’s preparation, runaway or irrecognition of event responsible, or insurance Co. bankruptcy, if it is not payable or it is out of the policy contract (except clear contents in Art.4) , An independent fund named body-injuries fund is established …” which its responsibility is on Iran-Central Insurance Co. by virtue of clause 6 of Art.5.
Art.11 mentions: “ The fund will be provided by sources with propose of government by approving fund and assembly commissions.
Remark 2 of Art.1 mentions: “ All ministries, independent offices, banks, pawnshops and companies which half shares belong to government, budget organization and all its dependant companies and generally all governmental institutions are to do the operations uniquely by Iran Insurance Co. (PJS).”
Resultant of remark 2 of Art.1 and text of Art.10 of the mentioned law includes 2 points:

1.        Granting legal monopoly to Iran insurance Co. for obligatory insurance of all vehide by that company.

This will be a great honor in aspect of incoming due to the high volume of vehicles, and against this income, there is a lot of duties for that company.

2.        Against that honor, Art.10 mentions that making up harms to third-parties, because of mentioned lacks, is a responsibility of Iran insurance Co. (PJS).

Usually, in legislation against duty, there is a right and there ways to do it.
This rule includes this principal in obligatory insurance law also and after granting a good honor in remark 2 of Art.1 of the law, than has given it a great responsibility by virtue of Art.11.

C- Responsibility items of Iran insurance Co. subject Art.10:

1.        Responsibility on risks: Anyway legislator wanted to guarantee deficiencies caused by vehicles and simplify petitions against it so it gives full responsibility to Iran insurance Co.

2.        Civil responsibility caused by substitutions. Sometimes, legislator, on basis of social necessities, gives a temporary civil responsibility to another party. And there are some reasons for it as follows: Sometimes, kinds and incense are direct responsible (Art-7 of civil responsibility). Sometimes, workers have been introduced as responsible to make up of their operations (Art.12 of civil responsibility Act).

3.        Responsibility to contracts some may think that because of supporting government of Iran insurance Co. and despite insurance contract between insurance Co. and insure, so totally all deficiencies of art.10 will be made up by obligatory insurance law. Therefore Iran insurance Co.’s responsibility could be differ in such case.

In critic to the first theory) risky responsibility), if Iran insurance Co. be introduced to pay deficiency, if after payment wants to receive the paid fee from real responsible to blamer, since the responsibility had been without condition, so it would be impossible legally. However if insure pays the fee for deficiencies and accepts it he/she would be a substitute to insurance Co. in some aspects, otherwise insure would be recognized as blamer. Iran insurance Co. as a substitute of event deficient will get the money.
Therefore the first theory can not be a solution to the problem.
The third theory which declares responsibility to contract is on behalf of deficient. But its most problem is – firstly, Iran insurance Co. can not be known as a contract party at the time of legislation – secondly, these legal judgments can not be included as simple contract frames.- Thirdly, in any contract we have termination part and some rules for it, however, the legislator can get the responsibility to another insurance co. by virtue of Art.10., so the third theory can not be so acceptable.
But the second theory is more acceptable and includes Art.30 of obligatory insurance.

Chapter two-

The contents of Art.10 of obligatory insurance law about body deficiency to third-parties.
A0 Body deficiencies
As in Art.10, Iran insurance Co.’s responsibility is only and uniquely for body deficiencies and not others (financial and spiritual).
Body deficiencies divide into two forms, either as blood-money or other than it:
A-1- Body deficiencies subject to blood-money Art.294 of Islamic penalty law has defined blood-moneys:” Blood-money is a property which is given to offense victim or his/her parents or sponsors…
Many authorities have accepted blood-money as deficiency, rather than those who suggest blood-money as a penalty.

1.        The non-criminal would be accused.

2.        On contrary of cash-penalty, the claim would be accepted from the accused.

3.        The claim for surplus-deficiency would re-heard in courts. (The judgment of the country supreme tribunal).

4.        In Arts,15 and 2,4 of the Islamic penalty law, the blood-money as been recognized as property.

Therefore, everywhere that legislator indicates blood-money, art.10 of obligatory insurance law includes it.
A-2- Body deficiencies out of blood-money sometimes, it may be a harm to someone and court renders blood-money judgment. If the make-up is not sufficient for deficiencies, the deficient individual has the right to make claim, in order to make it up. Or in the time that blood-money regulations would not be done, the deficient with deficiently claim caused by offense of independent claim requested their body deficiencies. So, body deficiencies in Art.10 of obligatory insurance law includes both two kinds of deficiencies, either in nature or in essences.
Art.3 of executive insurance regulations, approved about 24 years ago directs that: “The purpose of body deficiency mentioned in Art.1 would be provide, making up all body injuries expenses for treatment or injuries caused by driving events and temporary or permanent body deficiency, or death caused by events would include insurance for third-parties.

B-Third-parties
Art 10 of obligatory insurance, declares that only third parties are due for making up body injuries.
Art.2 of obligatory insurance says that all people injured because of vehicle events would be third party, except the following individuals:

A.       Insure, owner or driver responsible of event.

B.       Insure staffs who are responsible to the event during their duty.

C.       Spouse, father, mother. Child, grandchild and forbears dependent to insure, in the case that driver or insure is the blamer of event.

Remark- In the case of accident between two vehicles, the drivers would be recognized as third-parties against one-another, either they are owners of vehicles or not. Of course, it is an objection about it when insure is not the car-driver and why they are third-parties.

D.       contravention approval law dated about 4 years ago belonging to the ministers board:

E.        Art 11 of fund regulations related to body injuries fund approved in 1969 says:

F.        The commitments of preparation fund for body injuries relevant to third parties with a balance in Art 10 of obligatory insurance law, has been defined for vehicle owners.

Art.10 of executive regulations approved in 1998 dealers that: The least insurance fee for body-injury make-up for one individual per event is Rls 80,000,000/- and in financial deficiencies it is Rls 2,000,000/- per event the responsibility of insurance companies is unlimited for the number of individuals, and is relevant to the capacity of that vehicle.” The critic to Art.11 is of ministers board which its amount for body-injury funds is Rls 15,000,000/-
However, anything in Art.10 of obligatory insurance is on Iran insurance company responsibility is making up of body injuries to third parties. And in Art.3 of executive insurance regulation for body injury has been directed that:” the mean of body injury in Art.1 is making – up treatment expenses and body-injuries or injuries caused by driving events and also organ-injury, temporary or permanent retiring, or death caused by an event including insurance for third parties…”
So, it is obvious that the approval of ministers board in legislator’s judgment wasting with top commitment of Iran insurance company with a fee of Rls 15,000,000/- is totally against law and is out of executive power authorities who has not the power for legislation has abolished Art.10 of obligatory insurance which is capable to be cancelled in official justice tribunal.

Conclusion:

With cancellation of the approval, firstly Art.10 of obligatory insurance would be revived and secondly many relevant prisoners would be free from the prison and the blood-money would be paid by Ira insurance Co., Thirdly, the judiciary power’s budget affairs which is paying mach money in this concern (despite having many financial problems), now would be stop to run the new law., fourthly, Iran insurance company, will be more powerful due to non-paying of body-injuries and weakens the other insurance companies (which monopolizes insurance industry for itself) then this procedure would be cancelled.

Suggestions:

Firstly, by virtue of principle #170 of I.R.I.’s institutions, courts judges can prevent of execution of approvals, governmental regulations which are against Islamic rules or out of execution power authorities… So judges can disregard files related to the above-mentioned approval which is on the contrary of law. Secondly, regarding recent part of principle #170 of the institutions, every one can request to cancel and quash these winds of regulations from official justice tribunal public prosecutor of judicial district director can quash and cancel the approval. Thirdly, the ministers board can revive amendment 10 Art.10 of obligatory insurance and automatically free many of citizens who are staying in prisons.
Is Art 10 of obligatory insurance against the Islamic penalty law or civil responsibility law?
The mean of this question refers to Art.313 of Islamic penalty law which says that purposed blood -money or its similar is on criminals responsibility.
And in Art.337 of the some law has been mentioned that if two vehicles crash each other and cause to will riders of cars, half of all killed blood – money is on due of each driver. And in Art.1 of civil responsibility law has been mentioned whether a person without legal warranty or by carelessness harm to health or property or liberty or business of another, he/she would be blamer. Then every make up needs a blamer with his carelessness had made such problem. Therefor, as Iran insurance company does not accompany in any deficiency, so it is against the law then should be abolished.
In response, we should tell that the mean of Art.10 of obligatory insurance is not to punish or blame individuals and only addresses Iran-central insurance fund as payment responsible and as substitute of main blamer can act.
For better explanations, Art.10 of obligatory insurance, recognizes Iran-insure made injuries, by virtue of remark 2 of Art.1 Totally, Art.10 of obligatory insurance is not in the position of recognition of body-injuries responsible of third parties to have contravention with other principles of civil responsibility law.
Therefore, Art.10 of obligatory insurance should be recognized as government support to body-injuries of people against getting the right of movement of a dangerous equipment called automobile or other motor-vehicles. In this aspect it would not be against Art.10 of obligatory insurance, but it would be a supplement to them clearly, after paying the amount to injured person, Iran central insurance fund will request to be received the same money from the main blamer.
Does blood-money and body-injury payment need rendering judicial judgment on petitioner’s behalf?
Regarding this fact that deficiency payment is an essential duty of Iran-central insurance fund and by virtue of Arts.6 and 10 of body-injuries fund regulations : “Third-parties who are deficient for aforesaid reasons in Art 10 of obligatory insurance, can not receive their money from insurance companies within 10 days of the rejecting date of those companies, can deliver their money-inquiry letter plus its response and other related documents and information to the fund.” The fund will study all received documents and will submit to pay deficiency make-up money by virtue of regulations. Therefore, as it was said, paying deficiency does not need to render judgments by Justice Administration courts.
Assuming that in such cases Iran central insurance fund would be third party, can it object court’s judgment according to its quantity and quality?
In response, we should tell that firstly, concerning penalty judgments, third-party objection has not been forecasted and it is only for civil codes. Secondly, because courts judgment has not made critics to the right of the fund, so by virtue of Art.10 of obligatory insurance, no objection about Justice Administration judgments would be effective.
Where is judicial trial reference to claims and individual petitions against the fund relevant to Art.10 of obligatory insurance (official justice tribunal or public courts of Justice Administration) about execution of Art.10 of obligatory insurance, there may be some disputes which the deficient may make petition and tow references would have competence as follows:

1.        Official Justice tribunal 2- Public courts of Justice Administration.

1.        By virtue of Art.11 of official justice tribunal, since Iran insurance company is dependant to state Iran central insurance Co. and trying petitions against governmental organs is a responsibility of official justice tribunal, so it is in competence of that tribunal.

2.        But stronger reason is that the contract between government and Iran central insurance company had some problems which comes out of paying deficiency – money by that company and guaranteed by the government.

The other reason which recognizes the competence of public courts is the fact that n doubtful cases in special courts’ competence, the principle is competence of public courts of Justice Administration.

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One vote, One experience

Trial date:
Trial file:
Reheard by: Deputy to Tehran provincial justice administration Mr. Tabatabei reheard against: Tehran provincial general office of city lands.
Trial reference: Branch #5 of the country supreme tribunal.
Branch board: Messrs. : Alireza Reaei Nia, the head and Hassan Maghid Alhosseini, deputy member.

Summary of the file:
Mr. Hshem Bari Nobar with attorneyship of Mr. Abdolreza Salrian has a petition of Tehran provincial general office of city lands about cancellation of commission Art.12 of city lands, for registered number: 3919/236 and cancellation of aforesaid document with the name of government including legal deficiencies equal to Rls1,000,000/- wad delivered to branch #513 of Tehran public court and has added that the complainant has recognized 634 square -meters as the clients belongings and at once has requested to receive original document and as its oldness evidence such as water-well, very old trees, wind of soil and air-plan, and has requested to cancel document and judgment by opinion of official experts and with investigation of the location. He has attached copies of ownership papers and letter of attorney to his petition, and finally court summoned both sides about 2 years ago and ashed for reasons. The representative of the complainant has declared the theory of Art.12 commission has been rendered with regards to air-plan and investigation of the location and consequently has requested to reject the claim of petitioner. The court has referred the case to its own experts on the basis of bill No.1441-30/6/79 and then because courts experts had considered no reason for civil or fertility of the land and requested for rehearing by branch #35 of Tehran provincial rehearing court on the basis of within verdict No.185/35/79 due to the fact that petitioner’s requested price is less than objection designatory, so court has rendered writ for rehearing. Therefore since cancellation claim of Art.12 of commission is a non-financial one, the general deputy to Tehran’s Justice Administration requested for its rehearing and the rendered judgment was sent to the country supreme tribunal and the needed report would be read.
The branch board in the above-date was set up and after hearing the report, it renders as follows:

Judgment:
Concerning verdict No.185-79/10/27 by judicial deputy to Tehran court branch No.35, the rehearing cancelled because the requested price was less than Rls 30,000,000/-. Since a part of petition is non-official and all is not monetory and it was cancellation of commission theory of Art.12 of city lands and it can be reheard in competence to clause B of Art.331 of civil proceedings regulations, as a non-official claim. So the rehearing court’s verdict was cancelled due to Arts. 371 and 401 of civil proceedings regulations and it was referred to a court for essential trial.

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Al-Qaidah’s members in Guantanamo Jail

   Since Donald Ramsufeld, The U.S. secretary of state, had notified already on Friday, 10th of January after a 27-hour flight the first group of Al-Qaidah prisoners entered  U.S. marine force base in Cuba’s Guantanamo bay  ,where they are going to keep these prisoners for an indefinite period and under anti-humanitarian and contradictory to principles and International agreements conditions , from their origin in Afghanistan while they were put on blinders.

   On mid-day of January 10^th , 20 Taliban captives were conducted into a C-17 transportation  airplane  which was landed on Ghanihar’s  airport runway while they were put on  black masks on their faces.  These prisoners were chained to their chairs while 40 American marine gunmen had responsibility to watch  and  care  them . The airplane departed  to the American  military base in Europe where the prisoners transferred to a C-141 American transportation airplane departing to Caribbean  and finally the airplane reached its destination in Guantanamo bay on Friday night . Then the prisoners were transferred to the coast by two buses and then by a  marine  force  supplying  wafter to the other side of the bay and were transferred to Guantanamo bay .

   The movements for placing Taliban and Alqaidah captives  in Guantanamo has been started from one month ago by departure of 1000 American army personnel to marine forces base located in Guantanamo. This group had come to Guantanamo to build a temporary prison and in near future , it will have the capacity of 2000  prisoners . Imprisonment conditions of these prisoners  in Guantanamo jail  has  little difference in Kan Moon prison’s frightful crypts during Vietnam war by U.S. puppet dictator regime  in south Vietnam for keeping political prisoners under anti-humanity conditions . In Guantanamo each 2 prisoners are kept in one 1.5 X 2 meter cell . These cells are made from cement  having 4 big air holes  in their 4 sides to permanent watch and supervise upon prisoners and the cell is not even large enough that a person  with medium height can lay comfortably there. Guantanamo jailing complex  has been located in an open space and environment  which actually  exposes to  rain and strong winds which is not an unusual happening in Caribbean  area  and regarding wall holes of the prisoners cells they should  tolerate an unsuitable atmosphere.  

   The story of transferring the first group of Taliban prisoners to Guantanamo was encountered with many dangers  , in the first step the danger was  transferring these prisoners  to Ghandihar’s airport.  In the earliest  morning  of January 11, American marine forces gunmen who were head to toe armed increased security preparations  in the regions around airplane vastly.  Only few hours  after transferring 20 Taliban prisoners , the sound of shooting was heard and the crash between American  gunmen  and invaders was begun  . It was the first time that shooting sound was heard after caption of Ghandihar’s airport in the earliest of the last month but hostile invasion was soon parried   and invaders were murdered or ran away .  

   After transferring the prisoners to Guantanamo , the American media co-operated with  an unprecedented  limitations   about covering news relevant to transfer and keeping situation  of Taliban prisoners  quietly and calmly .

   A group of media reporters  with the co-operation and coordination of Pentagon got permission  to supervise happenings from the top of a hill which was located in a distance of 400 meters  of the prisoners’ discharging  place  , but no one did   let to carry camera and video-camera  and make any  photography from scenes . Pentagon  in an contradiction  commitment  to Geneva  treaty instructed   the media services and news agencies   not to publish any photo of blinder-holder prisoners. The instruction which followed by the  U.S. media powerful services’ obedience    and  with a news boycott  covering this happening  almost no news was heard. 

   After January 11 to 17  two other groups of  Al-Qaidah  prisoners were  transferred to Guantanamo and despite several objections of human rights groups against this commitment  and doubt about  legacy of transferring Taliban and Al-Qaidah prisoners to the Caribbean , it has been  arranged to continue  the procedure of  transferring  all Taliban prisoners.  

   After transferring the third group the sum of Guantanamo and “X-Ray” prisoners  was   80 individuals.  

   Taliban prisoners are going to be quested and investigated   frequently  and  soon after approving the law of formation  of military courts  the prisoners will put on the trial . Bush government  indicated   no tendency to  imprison Taliban members in the U.S.  territory  because they were worry  to provoke public opinion’s sensitive reaction  in the case of treating with the prisoners. Guantanamo and “X-Ray” prisons are going to  be military courts which Bush with a warranty  has ordered it about one-month ago.

    In these courts , which will be officilized  with presence of 4 military  officers as arbitrators board  , the prisoners’ accusations will be put on the trial on the basis of their own terrorism operations and war crimes and the court has carte blanche to render  judgments  such as  death sentence and  life-imprisonment .  

   In such a procedure the trial for the prisoners will not have any kind of judicial consultations and comradeship of lawyers  and in this courts in addition to  judges and juries  , the attorney general and  prosecuting attorney  will be the members of  the American army officers  and  with  recognition of the court’s judge they can avoid presenting media representatives  in such trials 

   The U.S.  authority has claimed that the contents of Geneva treaty will be observed concerning  the Guantanamo’s prisoners .  The U.S. authorities , who are under pressure of several and infinite human rights organizations which worried about the situation of Taliban prisoners , accepted to give permission to the world red-cross committee representatives  to visit X-Ray prison and  it has been arranged to depart a board from this organization to Guantanamo  up to the weekend .  

   Darcy Christian , the spokesperson of red-cross committee , has announced that from the view of this organization  Taliban  prisoners can be called war prisoners  whom should be treated by virtue of  Geneva treaty   but he explained that  human rights  supporting groups should  not make verbal war  with Washington because this work  may alter  the co-operation between the U.S. and red-cross committee.  

   Mary Robinson  , high commissioner of U.N.  human rights department , also worried about the situation and fate of Taliban  prisoners in Guantanamo.  She emphasized :  “ With these prisoners should be treated in competence with International laws  and human rights treaties” .  Robinson claims were  in response to the  declared problems by Ramsufeld  addressing Taliban prisoners as “Illegal warriors”  and not prisoners of war . The defense minister of the U.S.  in his recent  press meetings had tolled that The U.S. does not recognize  Taliban prisoners  as prisoners of war  and  on the basis of Geneva treaty  illegal combatants has no  right. He added :  “ we are going  to treat with these prisoners  in a parallel and competent way with Geneva treaty contents  reasonably and sanely ”  .  Ramsufeld   reminded that the U.S. government would address arrested prisoners only to  individuals who had put on military uniform , holding recognized military rank , received military orders hierarchy system  and carried arms publicly in the period of their captivity .  On the basis of these measures , few soldiers combating in Afghan war have  been recognized as militaries and after captivity they would be called prisoners of war due putting on unique military uniform   and command  in Afghanistan  had been unofficial .

   When Donald Ramsufeld,  the U.S. defense minister, appointed  Guantanamo marine base as a very secure  area out of the U.S.  to keep , quest , investigate and establishing military court for captivated prisoners in Afghanistan , Castro government did not object  sensibly against this decision of the U.S. .

   Guantanamo marine base has been located in Cuba territory that by virtue of the agreed treaty between  the U.S.A. and America’s puppet Cuba governments  in  the earliest 20 century allocated  in order to use the U.S. military.

    Cuban government said after news of Taliban prisoners  transferring that continuation  of lodgment  of the U.S. marine base  in Guantanamo  is not known as an legal and legitimate action according to them.  But when one of the American senators  entered Havana for an unofficial meeting the last Thursday , Fiddle Castro  announced that the co-operation and assistance of Cuba with the U.S. in the field of  prisoners of war is an important sign of BONA FIDES of Cuba  and these declarations were obvious quashing  of the previous directions of Cuba. 

   In few next days , the trial of Taliban prisoners is being started . Among these prisoners there are some non-Afghan nation citizens ,  some  prisoners  of Russia , Saudi Arabia and even the U.K. . Therefore   if these prisoners would not be known as  prisoners of war , they would not have rights  of legal and diplomatic supports of their own belonging countries .  

   All the captivities have been accused to associate in Afghanistan illegal  hostilities  , however    none of the Geneva treaty clauses  includes   definition in which explains  the accusations to the  Al-Qaidah foreigner members and for this reason the fate of Taliban prisoners is in a misty position.

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A selection of latest Legal approvals

• Art. 24 to Art.32 of the agricultural engineering council law

   The law of agricultural engineering and natural resources   council  was approved about one and half year ago  including 38 articles and 28 remarks  in open  meeting   of the Islamic  consultative assembly  and ten days later was approved by guardians council . Due Art. 24 to 32 thereof  is about judicial system , it is mentioned as the following :  

   Art. 24- In order to try guild and professional  offenses of agricultural  engineering  occupation in initial  disciplinary  boards is set up in provinces and the supreme disciplinary board is set up in central organization location .  

   Art. 25-  Disregarding legal  contents , governmental , guilds and professional regulations  , disregarding occupational respects and  inconsiderate in legal responsibilities  and exhortation to farmers   , ranchers , pasturage holders , clienteles by agricultural engineering occupations would be an offense and offenders  should be punished with regards to  the number of its frequency and its arrogance and weakness  of the offense and as follows:  

   A- Warning and  verbal chastisement  in presence  of  provincial members of the location  of agricultural engineering council.

    B- Written notification or chastisement  with mentioning  in the file of agricultural engineering council .

    C- Written chastisement with mentioning in file and attaching  judgment  on sheet board of the  location .

    D-Written chastisement  with mentioning in the file of agricultural engineering council and  mentioning judgment text  in the council periodical .

    E-Deprivation of employment in any agricultural engineering occupation from 3 months  to one year  in the location of offense happening.

    F-Depravation of employment  in any agricultural engineering occupation from 3 months to one year throughout  the country .  

    G-Deprivation of employment in any agricultural  engineering occupation from one year to 5 years  throughout the country  with  approval of  supreme disciplinary   board.

     H-Permanent  deprivation  of occupation in any agricultural  engineering  throughout the  country with approval of  supreme disciplinary  board  , trial disciplinary boards  to guilds and occupational offenses .

Remark 1 -  Clauses F, G and H are executable by rendering judgment   by  commissioner  judge .

Remark 2- The judgements rendered  by initial  boards  are discussible for rehearing  in supreme disciplinary  board  from the signified date  within one month .

Art.26- Initial disciplinary boards in provinces including  5 individuals for a 4- year period :

1.        Provincial council chief.

2.        One judge with signification  of judiciary power’s  chief .

3.        Provincial chief of agricultural-Jihad ‘s  organization .

4.        Two agricultural engineers  from  the organization members with a minimum work experience of 10 years in agricultural  sectors with introduction  of provincial council.

Remark 1- The provincial initial disciplinary  board chief  would be designated by  members.

Remark 2-  Deposing members relevant to clause 4  of this  article  would be committed by proposal of the supreme disciplinary board and  the organization  chief  approval .  

Art.27- The responsibilities of  provincial initial   disciplinary boards are as the following :  

1.        Trying on guilds and occupational  offenses relevant to the organization members  against legal and personal entities.

2.        Trying the claims of legal and personal entities  related to agricultural engineering occupations  including  this  law. 

Art. 28- The supreme  disciplinary board in center would be established  including 7  individuals and for 4 years  as the following :

1.        Organization chief .

2.        One judge  with  signification of the judiciary power’s  head .

3.        One experience agricultural  engineer  with selection and introduction  of agricultural Jihad  minister .

4.        One of the scientific board members of Agricultural and natural resources  faulty with introduction  of  Science  , Research and  Technology Minister.

5.        Three full experienced agricultural engineers  with membership to the organization  and with introduction   of  the central council  introduction with 10 years of minimum  work experience.

Art. 29 -   The responsibilities of  supreme disciplinary board includes  the following:  

1.        High supervision upon  works of the initial disciplinary boards and coordination  among them .

2.        Trying  objections and  claims of legal and  personal  entities  against the working procedures  of the initial  disciplinary boards.

3.        Rehearing   of rendered judgments by initial disciplinary boards.

4.        Dissolution of initial disciplinary boards in the case of an offense occurring  which is out of  central  council’s duties.

Remark1- In a case that someone objects to the rendered judgment by the supreme  disciplinary board  , he/she can appeal  for rehearing from judicial authorities  , then the judgment rendered by that judicial authorities  would be definitive and indispensable .

Art.30- Executive  by law the know-how  of meetings formations  of the supreme disciplinary board and provincial initial disciplinary boards   ,  trials processes , rendering judgments  and execution of relevant judgment  would be delivered to the ministers’ board for approval within 3 months after central assembly approval which would be provided  by that assembly and through agricultural-Jihad ministry .

Art.31- Whenever offenses of individuals related to this law implicate one of the approved  offenses in  criminal law , the disciplinary boards are responsible to send a certified copy of the relevant file to judicial competent authorities. 

 Trials in judicial authorities would not include the obstructive disciplinary boards’ trials according to occupational and guilds offenses . 

Art.32-  Ministries , state institutes and organs ,  judicial authorities , disciplinary boards and governmental companies can apply certified and provincial registered coded engineers  instead of official experts of Justice Administration  in reference of expertism affairs of Agricultural -Jihad  ministry and by obedience of a special regulations  which  are approved by ministers’ boards approval by common propose of Agricultural-Jihad ministry and Justice Administration.

• Coordinated and overall pension regulations and rights

Remarks 1 and 3  of  law No.2  of the  overall regulations of pension  rights  are  supervised upon  whom were retired  , disabled  or have been deceased from about seven years ago up to now.

The inquiring law related to the remarks 1 and 3  of Art.2 of overall law  of pension   rights approved on 1994.

• Inquiring subject :

Single Art. – Do the contents of remarks 1 and 3 of Art.2 of the overall pension rights- approved about end of 1994 – supervise  upon pension increase for on-the –job judges and retired scientific board members  ( up to the end of 1994)  by virtue of salary increasing factor   or their pension increase refers to mid-1995  and do not include recent increases.

• The Assembly’s opinion :

   Remarks 1 and 3  of Art.2 of pension overall law  approved at the end of 1994 supervise upon the judges and scientific boards members of the universities whom has been retired , disabled or deceased up to 21^st March 1995  and  merely  has been approved in order to recognition of pension related to their  inherits  disabilities and    pensions  up to above-mentioned date and do not include the recent increases in their salaries  and also the increase in their inherits  pension  would obey the laws and regulations  relevant to those approved  after 21^st March 1995 .  

   The above-mentioned law includes  a Single article  was approved  about one year ago in closed Islamic council assembly meeting  and thereafter approved by the Islamic guardians assembly.

• Art. 19 – Passport Law

D- The individuals less than 18 and sponsored  individuals can travel out of borders  with written permission of their  parents or sponsor.  

   Art.18 of passport law approved in 1972 concerning passport issuance  is about the people less than 18 years old  with the whole written permission of their parents or sponsor , and in the case of sickness with holding  an introduction of medical high council or  one of their parents or legal sponsors would be a resident to a foreign country.

   The law consisting the amendment  of  clauses No. 1 of Art.18 of passport law – approved in 1992 – and amended  Art.33 of passport law – approved in 1972 . 

            Single article –

A-      From approval date of this law , the clause 1 of Art.18 of passport law – approved in 1991 – is postponed and contents of the clause 1 of Art. 18 of passport law – approved in 1973 – which has been changed  as follows , would be enforceable  as the following :

“ 1- The individuals less than 18  and all whom are under sponsorship and partnership with written permission of their parents or sponsors . “

B-      Art.33 of passport law –approved in 1993 – is amended as the following :

1-       In the mentioned text , the phrase “  By the ministries of foreign affairs , interior , Justice Administration  would  be prepared and after  ministers board approval “  will be replaced by the phrase: “ From Foreign Affairs Ministry – The interior ministry  would provide  it according to agreement of  Justice Administration ministry  , Higher Education and  Finance Ministries  and after its approval  by Interior-Finance-Justice Administration commissions and the meetings foreign affairs . “

2-       Remark re- Art.33 is omitted .

The above-mentioned  law including  Single Art. In one of the meetings of the last year’s  Islamic Council Assembly was approved and was approved also  by the Islamic guardians council  around 23 days later.

• New regulations of prisons organization

   The new executable and enforceable regulations of prisons organizations and  the country rehabilitation measures   including 232 articles and 84  remarks was approved in June 1991 by the Judiciary Power’s head  and from then , it would be enforceable   and the legal regulations and executable regulations  of prisons organization and rehabilitated measures of the country postponed  in 1993 March which due to its complications and limitation of this periodical , hereby , we apologize you not to publish and print it.

Selection of the obligatory residence

   The interior ministry can indicate the points in which obligatory residence is not suitable by reasons.  In  2000 , a remark was attached  to Art.19 of the Islamic penalty law about recognition of obligatory  places for residence which on its basis , the recognition and selection of a  city  had been a duty and responsibility of     the rendering judgment court . In that remark , it has been forecasted that Justice Administration with co-operation of Interior ministry should prepare law execution regulations and then approve it by the head of judiciary power.

Approved in 2000 – by The Islamic Council Assembly

Art.1- According to the reasons of commitment of an offense , the accused character , the type of offense , the punishment quality , the distance of offense commitment  and the obligatory residence point , the possibility of the convicted recruitment in that location  and also non-recognized places for suitable obligatory points by the Interior Ministry , the court would recognize a location for obligatory residence of the convicted .  

Art.2- The Interior ministry can provide    a  list of unsuitable obligatory places  due to their political , security , social and  other conditions and  notify it through Justice Administration  to the Judiciary Power  annually.  

Art.3 - If the interior ministry recognizes to change the obligatory place of residence of a convicted because of political , security , social and other conditions , it would provide its full  reasons to Justice Administration Ministry and respectively it would be notified to the Judiciary Power .  

Art .4- The viewpoints of local authorities about the effects of the convicted presence in the location will be informed directly to the Interior Ministry  in order to be paid attention at the time of  obligatory residence recognition . 

Art. 5- With investigation of the existing problems  caused by rendering judgments , if a change of the obligatory residence would be necessary according to court  , it have full right to decide about recognition of another obligatory residence point for the convicted.  

Art. 6- Supervision upon correct execution of  a judgment   for obligatory residence location would be done by the court rendered that judgment and would be executed by the executor of that judgment .  

Art. 7-  The Ministry of Justice Administration  and Interior , would set up at least one  meeting  per year   in order to removing execution  problems caused by recognition of the obligatory residence of the convicted .

Art.8-  This  regulation in law execution of the amended  remark  attached to Art.19  of the Islamic penal law , was approved in earliest of 2000 was provided  in 8 articles by Justice Administration Ministry  with co-operation of interior Ministry   and in June 2000 it was approved by the head of Judiciary Power.

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Car inspection by the police (LEIRI)

 EXCEPT IN NON – FLAGRANT OFFENCES,
CARS INSPECTION SHOULD BE DONE UNDER
PERMISSION OF JUDICIAL AUTHORITIES.

An application of complaint for revoking relief of circulation No. 4021161/179/1 in 2000 of general office of the law enforcement regulations has been dedicated to the high administrative court and due to interesting and feasible response to the text of the complaint, hereby we note it by judgment vote literally:

No.: 408/79/11
Date: 2001
Written verdict No.: 177
Classified file No.:
Investigation by: Public board of the official judgment tribunal.
Petitioner: Mr. MAHMOUD NEDAEI
Subject of the complaint and relief: Revoking circulation No. 402/1/179 in 2000 of the law general office and law enforcement legal affairs department of I.R. of Iran.

Foreword:

the petitioner has filed a complain declaring that the law general office and LEIRI’s (law enforcement of Islamic Republic of Iran) legal affairs department by judicial authority final approve has issued a circulation No. 402/1/179/1 in 2000 concerning investigation and inspection of passing cars through pass–ways and halt and inspection places throughout the country which is on the basis of its contents cars inspections and investigations without issued special warranty.
Since the above mentioned circulation regarding suggestions No. 7 / 4239 dated 22/4/1379 and 7 / 7747 in 2000 of general office of legal affairs and Iranian judiciary power’s codification is clearly on the contrary of article 24 of penalty proceeding regulations approved in 1999, therefore has requested to revoke 10/04/2001 due to documentary to general office’s circulation and suggestion No. 6201 in 2000 by judiciary power’s consultant to the chairman which has been certified and approved by the power and has been informed of the chairman of judiciary power organization to LEIRI. The instructions summary of the chairman concerning the aforesaid subject is as the following :

1.        LEIRI should stop cars in stations and arrivals to check and control driving licenses and owners documents, in order to execution of driving and traffic regulations and arresting car- thieves .

2.        If a driver lacks certified driving license and /or there would be no sufficient reasons to own the car, or it seems that the car would be a stolen one, then police officer has right to stop the car and submit on the case under penalty proceedings regulations articles No. 18/19/20 and 21.

3.        Concerning smuggled goods, the police should confiscate them and execute under A and B clauses of Art.2 of government punishment limitations regulations against goods and currency smuggling approved by policy recognition assembly.

4.        The police should arrest thieves or individuals who enter the country illegally and without needed certifications and introduce them to competent judicial authorities.

5.        There is no necessity to place judicial units in control and inspections stations. legal reasons :

A – LEIRI is to place regulations, security, public and individual comfort, conflict and serious and consistent combat with any kind of destruction, terrorism, riot, anti – security movements and individuals which may menace the country’s security, to secure certified legal activities, and to confront with illegal activities, to secure places and several other tasks and duties which are out of duties in position of judicial enforcement authority. This force has responsibility against supreme leader and commander of powers, general staff of armed forces , interior ministry , and especially Islamic Iranian martyr–rearing people , and should make social security.
B – LEIRI , as an authority to execute the above – mentioned tasks as in clause 8 of Art . 4 of LEIRI’s law obeys current rules and regulations upon proceedings current and penalty proceedings regulations and naturally in this position should ask views and execute the judicial instructions . therefore , if any judge thinks that inspection of cars and individuals moving through stations should get permission before inspection , it would be necessary to make a judge stay consistently and round the clock in stations due to high possible and risk of accidents , in order to give permission per inspection . Although in other legal duties. getting permission and action under judges supervision should go under discussion and negotiation.
C - Art. 24 of penalty proceedings regulations is a redundancy to Art. 24 of the same regulations approved in 1920 and only “ objects inspection ” Phrase has been added to the new law , while car–inspection subject in inspection stations has been declared and introduced from years ago and caused similar discussion , and judiciary power and legislator noted to this matter perfectly while discussion about Art. 24, and know all legal and executive problems related to it but despite it, they have avoided mentioning “ car “ phrase, therefore car–inspection has not been included in general judgment.
D - By virtue of Art. 24 of the same law, LEIRI has permission to inspect and investigate houses, places, objects and arresting people in flagrant offenses and inspection stations usually encounter such kinds of offenses. So law has defined this right and possibility and the LEIRI submission competes with law.
G – The LEIRI operations are usually “ supervision and inspection” , and whatever is necessary to do for non– flagrant offenses which needs the permission of judicial authority is called “investigation” and it has been informed that there is an essential and substantial difference between these two terms. LEIRI gets the permission of judicial authority without any exception in non-flagrant offenses in any investigation, which is usually hold in position of judicial authority. Therefore this discussion is out of complainant’s objection . So it is requested to reject complain of the petitioner. Public board of official justice tribunal was established in the above–mentioned date with management of Hojat-Al-Islam Moghaddasi Fard , the judicial deputy of tribunal , and with presence of initial branches heads and chairmen and rehearing branches missions and after discussion , study and consultation with majority of votes with up – coming explanation, they begin rendering of judgment.

PUBLIC BOARD’S VOTE

Clearly in mentioned Art. 24 of penalty proceedings regulations approved in 1999 “…. . Investigation of houses , places , objects and arresting individuals in non–flagrant offenses should be done under special permission of judicial authority even when researches responsibility is held to executor from judicial authority totally . Therefore, circulation No. 402/1/179/1 dated 11/4/1379 of LEIRI’s law general office and its legal affairs office, which knows its certified and legal right to execute completely in a wide range and without any limitations upon any car inspection and investigation , and in non–flagrant offenses even without getting special permission from judicial authority and even the judicial authority’s instruction in the case of avoiding inspection can not be affected as it is contrary to clear logic of the mentioned Article and legislated order in the case of justice administration executor’s duty which is recognized as obedience of judicial authority instructions and out of aforesaid authorities office domain in legislation of governmental regulations and with documentary to the second section of Art. 25 of official justice tribunal law it would be revoked.

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How did Mr. Davar treat in selecting judges?

Davar for selecting suitable judges, had some measures: First, to be honest, second, educated and intellectual. His only measure to select a judge was not his education in Iran or foreign countries. Also, he employed the people who was educated in Iran in competence with usual conditions and pushing basic levels of Islamic terms and know Islamic definitions, provided that having other needed conditions. Thirdly, employment of the educated youth with work experience and to be famous in their operations, so he paid more attention to the ministries of foreign affairs, culture and finance and he invited many people for employment.
Sayyed Habibollah Shobeiri was designated by Davar as director of Justice Administration in Azerbaijan.
He accepted this potion conditional and the conditions were as follows:
Firstly his rank should not be less than the rank of supreme tribunal director. Secondly, his salary should not be less than supreme tribunal director. Thirdly, he would not change his clergy dress and would work with the same form of clergymen, and would do his own duty in judgment. Fourthly, he would accept this position only for two years and he would be retired afterwards with the same judicial rank. The late Davar accepted all four shobeiri’s conditions and he issued his designation order.
Sayyed Habibollah Shobeiri was born in Tehran. He entered Islamic clergymen school after basic education and learned usual related texts. Then, he went to Nadjaf-Ashraf city to continue his education. He educated rational and traditionary sciences for long years and finally graduated as an expert in Islamic Jurisprudent. In first national council assembly he was elected by clergymen and preachers and entered the assembly. Then he started his judicial operations.
His main duties had been the director of appealing in recognition supreme tribunal counselors’ center and as general prosecutor.
He decease in 1946 in Tehran and made many charities.

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Orders of judges’ disciplinary courts

Passing numerous laws and changing them at a short time, plenty cases and unusual accumulation of work in courts, disorders created by doing preliminary investigation and holding court sessions at the same time, holding unspecialized courts, reliance on statistics, lack of enough experience of some to the judges and courts divectors and other same factors, causes the noticeable decline of judgements’ qualityand the judges disciplinary of fences and unfortunately the number of indictments and the judgements of the public prosecutor’s offices and disciplinary courts of judges also increasing . Undoubtedly none of the mentioned factors will justify the offenses and although the disciplinary courts of judges issue their judgements compassionately by knowing the existing situation, it even this would be tight won’t acquit the judges from disciplinary violations.
Therefore, we are going to publish some examples of the last rendered judgements in disciplinary court of judges in order to attract the attention of judicial follow workers and make them familiar with the cases which are considered violations in the public prosecutor’s offices and disciplinary courts.
The action of the respondent judge for changing his judgement about the amount of blood money instead of issuing amended judgement has not been legally and is considered a violation and his defense due which he claims that the mentioned case has been considered as the amendment of the judgement, is not accepted.
Regarding these items, Mr.…. , chairman of branch….. of public court …. Is convicted to pay 1/10 of his monthly salary for 4 months. Relying upon the beginning of article 20 of constitution about recognition different kinds of judges’ faults.

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High Administrative Court’s judgments

The circulation of public prosecutor doesn’t agree with circulation  N140/77/75226/92 . Courts on granting the request on mitigation of accused, don’t have the right to increase the penalties.

Discussion: In any case, if accused asked for mitigation through lateral law e.g.: to eliminate the jail ,  then  is it possible increase the penalties? That was emphasized by Circular Of public prosecutor although this Cir. was not enforceable, later was null and void by high administrative court.

Writ of supreme court precedent No. (234/79/H-1380/2/3): According to Article 11 of Islamic criminal law, which emphasizes on mitigation with high concern for accused and on interception of criminal laws in both previous law and lateral law are enforceable too. Essentially, determination of criminality of the case completely rests on deciding judges or their substitutes. In the case of decently writs, the Supreme Court would make another decision. Thus, the circulation of public prosecutor is against the law, according to 2^nd clause of section 25 in high administrative court and it is null and void.

The former minister of finance and economics  and his wrong deception payment of %2 gross net income for building factories  and educational amenities are duties of governmental factories in which they are excluding the private companies. Therefore, decision N. 10765 – 73/6/6 of the former minister of finance and economics is against the law. Subarticle No. 8 of 1973 of budget codes says: all Governmental Factories– banks, should pay %2 of their gross net of their previous year income to the government. Acting minister of finance and economics in 1973 included all private companies which high administrative courts circulation No.: 10765-73636 announces that: the decision of finance and economics minister is out of announces of the judiciary power. Supreme court, precedent No.: 11 122/79 – 1980/2/13.

Expressing of clause (1) Of subarticle No.8 of budget code of 1994 says: “All factories mentioned by the code must pay %2 of their gross net of their previous year income for utilization of Education Department.” legislator emphasizes on units which should all liquidated into government entities and irrelevant with non governmental factories. With attention to the manner of writing of private companies. Thus, according to clause 2^nd of article 25 of high administrative court, the phrase of “ non governmental factories “ from circulation was null. And void collection network expenders from subscribers is against the law.

Supreme court precedent No.: 1199/79 – 1380/4/14 – loyal (under Clause (L), sub-article 19 of  “ second program on Economic development code “ exclusively, allows the collection of subscription and installation fees. And consumption bills, and at last portion of clause stated that any other collections aside from above-mentioned are prohibited.

Thus, expenders of development of city electric net work are not included, according to 2^nd clause of high administrative court. The clauses No. 4 &43 from regulation on electric tariffs for subscribers payment from ministry of Energy was against the law and is out of their jurisdiction.

 Therefore, According to 2^nd clause of section 25 of high administrative court was null and void to nullify.

• For removal of (nullifying effect)

Collecting of nullifying effect by banks on bounced cheque is incorrect.

 Supreme Court precedent No.: H/259/78-1380/4/31.

According to article 21of amendment law on issuance of cheque , enacted on 1972 Subject to closure of account of a  person issuing a dishonored cheque in the case of indictment, and according clause 4 of article 14, of banking code enacted 1972, has not been mentioned collection fees for nullification from bounced cheques.

Thus, clause 3 of two hundred nineteen sessions in 1997 that convinced by Technical committee on means of Banks, according to 2^nd clause of Article 25 of High Administrative court was null and void. Nullification of state registry of Deeds and Real Estate organization’s Decision Enforcing the notary public to pay %20 of registration fees to the Notary publics is out of jurisdiction of state registry of deeds and Real Estate organization.

Supreme Court precedent No: H153/79-1380/4/19:

In addition to authorization of the justice Department and state registry Deeds and Real Estate organization for determination of registry fees, in accordance with Article 54 from notary public code, enacted on 1975.But irrelevancy with how and where to spend them, made the legislators to describe the distribution of registry fees accusingly to article code enacted in 1994.

Thus with reason mentioned above, subarticle No. 2 from circulation N1/34/10705-1377/6/2 which enforces the notary publics to pay %20 of their registration fees to Notary public Association is out of state registry of Deeds and Real Estate organization. And in accordance with 2^nd clause of Article 25, high administrative code was null void.

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The Islamic guardian council’s critics about the revival of prosecutor’s offices

The bill of amending some parts  of  law contents  related to establishment of public and revolution courts was referred to the Islamic council assembly  due to critics of the Islamic guardians council  and after the Islamic council assembly approval .  The complete text of the bill and the guardians council’s critics have been mentioned  below the same remark or article in cadre. Judgment (Ghezavat) periodical is ready to indicate the colleagues viewpoints under this title:  

   The bill of amendment to  the law of establishment of public and revolution  courts:  

   Single Art.- The law of public and revolution courts establishment – Approved in April 1994 – is amended as follows :  

   1-       Art.1 is amended as follows :

Art.1-  Initial courts of Justice Administration divides into public and special courts . Public courts  has the competence to try  all claims except those which law has mentioned them and special courts are not competent to try any claim except those which law has pointed clearly . Military courts are known as  special courts.

   1-   Regarding phrase : “ Military courts  are known as special courts “  below Art. 1 , since it has not been mentioned  whether the special court for clergymen is know as a public or special court , so there are some critics to it  and after  removing such uncertainties .  

2-Art. 3 and its remarks 2 and 3 are amended as the following  and a remark as remark #4 is appended  to it : 

   Art.3 – In any judicial environment  which public courts have been formed and established  , a prosecutor’s office should be established beside it. The limitations of competence , formation , responsibilities and authorities relevant to the mentioned  prosecutor’s office which are called “ Public and Revolution prosecutor’s office”  , and should be on the basis  of criminal  trials’  principles and its next amendments  and  Non-Litigious Jurisdiction Act  affairs  and other laws , up to the time of  its handing over and approval of the related proceedings regulations approval   by Judiciary Power   should be done at last 6 months after approval of this law.  

   2- Below Art.3 it has been clarified that  up to approval of proceedings regulations the related affairs will be done  by virtue of  criminal  judgments principles acts and its next amendments and Non-Litigious Jurisdiction Act  and other laws   , surrounding several religious  critics  which has been added to some contents of the mentioned law  and also uncertainty relevant to statement of : other laws are abolished  such as this one. “  The other time declaration of it relates to the legal procedures. So from this view of point , it is on the contrary of principles 72 , 74, 94 of the institution .  

   Remark 2- Trying  the offenses in competence of military courts does not include this act and  they should be tried in prosecutors’ offices and military courts . 

   Remark 3- Offenses which their legal penalty is only from one to three months of imprisonment  or cash penalty  up to RLS 1,000,000  and kids offenses  are directly announced and declared  in the relevant courts and prosecutors’ offices have no interfere in this concern .

   Remark 4- The offenses which have been declared in court directly up to the execution of this act  should be tried and examined in the same court without need to bill of indictment  and if there would be any necessity to research or other submissions in order to investigate offense ,  court  should commit about it directly and with its whole authorization .

   3-In remark 4 of Art.3 it has been declared that files subject to remark 1 of Art. 4 in any process , should be sent to the provincial  penalty courts  to be examined . Since the individuals subject to remark 1 of Art. 4 include clergymen  it would be against religious rules and also principle #57 of the institutions , so it includes  militaries therefore it is recognized against  principle #172 of the institutions .

   4- In remark 4 of Art.3 , sending files subject to the top of remark 1 of Art.4  in order to continuing trials and process them to provincial penalty court , Since its announcement causes the peoples’ rights wasting   , so it would be recognized  against religion rules and clause 2 of  principle #156 of institutions.

   5- Below remark of Art.4  has the same form of clause #3 .

   6- By adding two remarks appended to Art.4  , it  is amended as the following :

Art.4- Any judicial environment which includes more than a public court branch  divides into legal and criminal  branches . Legal courts try  only legal affairs and criminal courts  try only criminal affairs.  Allocation  some branches  of penal and legal  courts to examine and try  special legal or criminal petitions such as  family affairs , kids offenses with obedience of competence  and expeditions is out of judiciary power’s duty and responsibility .

           In necessary cases , it is possible to  refer  legal files to penal  branches  and vice-versa.  

   Remark 1- Trying offenses which their legal penalty is retaliation  or  organ-retaliation  or  stoning   or crossing or death-sentence   or life-imprisonment  and also trying press and political offenses in a way which will be discussed next , all would be examined and tried in provincial criminal court.

   Trying all accusations  related to the Islamic expeditions council , the guardians council ,  Islamic expert representatives assembly and council assembly , ministers and their deputies ,  and consultants to the heads of three existing powers , ambassadors , attorney general ,  audit office   chief ,  judicial rank-holders , governor-generals , governors , army and police officers with  the ranks of  brigadier  and upper and general managers of provincial information  are in competence to Tehran criminal court.  

   Remark 2-  penal and legal courts which are formed on the basis of this act are to try previously referred files whether penal or legal  and render  necessary judgment .  

4- Art.8 is amended as the following : 

    Art.8- Courts judges  and thereof public and revolution  prosecutors’ offices  are responsible to try and examine claims and  petitions  and  say announcements agree with  the approved acts and laws and principle #167 of  the I.R.I  institutions and make a judicial decision.  

5- Art.9 is amended as the following :

    Art. 9- The judgments  of prosecutors’ offices  and courts should be reasonable  and documented  and should hold reasons  of law  or religious law  and principles  which on their basis the judgment has been rendered . Infraction of this matter and rendering judgments without documentation would cause  disciplinary accusation.  

6- In Art. 10 , the term “ Investigation judge” should be omitted and the term  “ alternate substituting-judge”   should be replaced instead of it .

7-Art.12- is amended as follows and its remark  is omitted and the substitute remark will be as the following :  

Art.12-  In provinces , the head of Justice Administration is the director of judicial district and is also director and head of courts  and  in capital  of  provinces  , the general chief of Justice Administration  of that province is the general director and head of hearings and penal courts  of those provinces and supervises administratively  upon all courts , prosecutors’ offices  and district Justice Administrations of those provinces  . 

Remark – any judge can  uniquely  do hiss own duties only in one court branch  and render judgments  in more than one branch in a certain period of time  with any title is abandoned and prohibited.  

By virtue of Art.12 , the judges who do several kinds of duties and tasks  , in one period, about jurisdiction  subject  have been responsibility to do their duty only in one branch. In the cases that their  tasks are delivered to another judge   , it causes an increase in public funds and since it does not include in  the government bill  so it is recognized against the principle #57 of the I.R.I. institutions.

Note: At the top of Art. 12 , “the head of district Justice  Administration  would be  the judicial  head and director  of district  and the director of the first branch  of court has administrative principalship  “ is correct.

   7- the below text has been substitute to contents of Art.13  , and 3 remarks as 1, 2 and 3 are appended to it :

   Art.13-  To employ and collection of  prosecutors’ offices  judicial personnel  , the head of Judiciary Power  will apply concurrent investigation judges and courts alternate-substituting judges  and other judges which would be recognized suitable for such concern  . Also  branches of courts which are unnecessary   to establish prosecutors’ offices will be postponed and the extra branches omit will begin from the last branches of courts.

   Remark 1- The occupational group of “ public prosecutors“   would be equal to the occupational group of “ “ the provincial Justice Administration director”   and  the occupational  group of “ Tehran’s public prosecutors “ would be equal to “ Tehran’s province general director of Justice Administration” . 

   Remark 2- The occupational group of “ deputy to the public prosecutor and interrogators “  would be equal to the occupational group of  “ Director  of public court’s branch”  and  “  assistant to district attorney “  would be equal to the group of “ substituting- judge (alternate)  of court” .  

   Remark 3-  The head of provincial Justice Administration should hold judicial rank 10  and  director of districts   Justice Administrations  should hold judicial rank 9 together with 10 years of judicial work experience  and  public prosecutors of districts should hold judicial rank 8 together with 10 years of judicial work experience  and also directors of rehearing branches  should hold  judicial rank 9 and directors of branches hold judicial rank 7 .  

   7- In remark 3 of Art. 13 , some limitations for designation of judicial  positions have been recognized   which cause disturbances  in judicial cases and consequently causes to waste of the people’s rights , so it is against principle#156 of I.R.I institutions.

   8- Art. 14 and remark 1 are amended as the following  :

   Art. 14-

A-      Legal public courts  are set up by  presence of  court head or his/her  substituting-judge   and all measures and investigations would be done by  head of court and its substituting-judge  by virtue of the related proceedings regulations  and making final judicial decision  and rendering judgments is on responsibility of the courts judge.

B-      Family courts  examine and try  with presence of a female judicial consultant (at least)  who should hold a  judicial rank  and their consultation opinion would be informed before rendering  judgments    to director of court.  

   8-Clause B  of Art. 14  has critics related to clause 6 and written notes below  clause 7 . 

   C- Revolution and penal public courts  are set up by presence of  court director or its substitute judge  and public prosecutor  or his deputy  or one of assistants to the district attorney whom would be selected by public prosecutor  and only tries offenses   on the basis of    bill of indictment  and court judge is responsible to render  judgments after hearing opinions and  its responses and defenses of public prosecutor or his representative.  

Remark 1- Whenever  court considers a  problem   in investigations or recognize doing a necessary agent , it would make it up and can request from the relevant prosecutors’ office to remove the problem     and completing file with mentioning  problem list .  

10-   Art. 15 is amended as the following :  

Art. 15-  Substituting-judges  are responsible to do all affairs which are referred to them by  courts directors  in  legal framework  and in absence of the branch director  , with designation of general director of courts , he can direct on  branches having no directors.  

11-   The following text is added as Art.18 and its  remarks are added to the top of the act:  

Art. 18-  Non-finalized , rehearing or final judgments are the same   mentioned in  proceedings regulations of revolution and public courts in penal and    civil affairs About rehearing or final judgments , they would be done by virtue of the relevant proceedings regulations.  

9-With regards to Art.18 it is necessary to be clarified whether Art. 235 of  proceedings regulations  law related to public and revolution  courts  (penal affairs)  has been abolished or not , so in this case  it has uncertainty  and after its removal , it would be suggested .  

Concerning final judgments  except through restitution of procedure and a third party objection  in the usual ways , it can not be re-tried  except the rendered judgment would be an outstanding contravention  law or religious laws which in those cases , with request of the accused (whether in  civil or in penal affairs) or the relevant  public prosecutor (in penal affairs ) can be reheard. 

Remark 1- The real  mean of “outstanding contravention”  is  to be against  clear terms of law  or in absence of acts , to be against the clear foundations of Islamic religion law.

Remark 2- The request for rehearing   to final judgments aforesaid  in the above-article , whether it would be  rendered in initial steps or  finalized due to  expiration of rehearing or legally final  or be rendered by  rehearing authority , should be delivered and sent  within one month from the date of judgment notification  to branch (s)  of the country supreme   tribunal which is called “ Recognition branch”  . The recognition branch  has been consisted  of  5 individuals including mentioned tribunal judges selected by Judiciary Power head .  

   If  there is  no recognition branch   recognize  an  “ outstanding contravention “    and prove it , it will quash the judgment and renders another suitable judgment.  Otherwise,  Writ of request rejection  of rehearing would be rendered. Anyway , decisions made by recognition branch would be final in any condition  and can not be objected .  

   10-In remark 2 of Art 18 mentioning the term “ Within one month “  in order to rehearing of a branch or part of a tribunal which is called  recognition branch  is recognized against religious rules.  

Remark 3-  The appellant for hearing  should pay all rehearing expenses by virtue of law and if he/she does not pay it within 10 days after notice of recognition branch , the branch  will render the writ of his request rejection . This writ  would be recognized as final and unobjectionable  writ. If rehearing request is by public prosecutor , he would be exempted to pay  retrying expenses. This exemption includes all other rehearing made by public prosecutor .  

   11-In remark 3 of Art. 18 the writ for rejection of rehearing  request  , if the appellant  declare some excuses for his non-payment after 10-day opportunity is recognized against religious regulations.

Remark 4-   No final or finalized judgment  can not  be  requested for rehearing as outstanding contravention more than once.

12 The contents of remark 4 of Art.18 indicates that no final or finalized judgment  can not be reheard more than  once even if  it would be an outstanding  contravention  which should be then against religious rules.  

Remark 5- In the cases where the supreme tribunal’s law  directs a restitution of procedure , it would be on the responsibility of the relevant  recognition branch in remark 2.  

12-The remark attached to Art.20  was omitted and two below  remarks are appended to it:  

       Remark 1- Trying criminal offenses which their legal penalty are retaliation or organ- retaliation  or death-sentence or stoning or crossing or limitation act causing   organ-amputation  or imprisonment more than  10 years  and also trying press and political offenses , would be initially  submitted in provincial rehearing court   and in this case , the aforesaid court would be called “ Provincial penal court” .  

          Provincial  penal court  tries cases related to offenses whose legal  penalty would be  retaliation  or death-sentence or stoning or crossing  or life-imprisonment  by presence of  5 individuals (the director and 4  counselors  or substituting-judges  of provincial rehearing court ) and also trying offenses whose their legal penalty would be  organ-retaliation  or amputation   or imprisonment for more than 10 years and press and political offenses ( the director and 2 counselors or substituting-judges  of provincial  rehearing  court)  and it tries by virtue of criminal courts acts –approved in 1958 and 1960 .  

13-Attached remark 1 of Art. 20 it has been  indicated that they would be tried by virtue of criminal courts acts  approved in 1958 and 1960 . Since these acts have been abolished , retrying them depends on legal procedures . So it is recognized against principles 72, 74 and 94 of I.R.I.’s  institutions . Also announcing that press and political offenses  are  tried only and merely in provincial penal court , as it sometimes causes wasting people’s rights , so  it was recognized against religious rules and principle#156 of IRI’s institutions.  

The provincial penal court in trying press and political offenses would be set up with presence of a jury. 

Remark 2-  In  capital provinces , the province  general director of Justice Administration   would be the director of  first branch of rehearing court of that province  and  also the director of the first branch of public courts would be the general director of that province courts  and out of provinces capital  , the head of judicial district would be director of the first branch of that judicial district public court . 

13-Art. 21 is amended as follows:

      Art.21- Rehearing judgments reference of the relevant judgments  to revolution and penal and legal public courts ‘ rehearing  would be  provincial rehearing court which those courts have been located in those judicial districts . The provincial penal courts judgments and those judgments of rehearing courts which can be finalized can be reheard within a certain period of time to be reheard, can be finalized in the country supreme tribunal.  

14- Art.22 and its remarks are amended as the following:  

      Art.22- Rehearing try of provincial court with request of rehearing by revolution penal public courts is competent to revolution and public courts’ proceedings regulations in penal affairs with presence of public presenter or one of his assistants or deputies would be done and in the case of legal judgments it is competent to the relevant proceedings regulations.

Revalue – If in a rehearing court, an accused recognize as innocent, the initial judgment would be terminated and the accused be exonerated, however there had been no rehearing request and if the accused is staying in prison, he will be free at once.

Remark 2- If rehearing court recognizes the accused for penalty mitigation, together with re-approving the initial judgment, his penalty can be mitigated, however the accused has not requested for re-hearing.

Remark 3- In penal affairs, the rehearing reference can not aggravate of the punishment recognized in initial judgment, unless public presenter or the private petitioner has requested for rehearing.

14 Since remark 3 of Act. 22 includes non-discretional affairs, so its announcement is recognized against religious rules.

Remark 4- If the reheard judgment is whether in additional aspect or relevant to deficiencies or recognition of the claim parties’ identifications or recognition the type and penalty strength and operation competence with law includes a problem or critic which does not harm to the judgment foundations, rehearing reference with amending the judgment will approve it and notifies it to the initial court. 

15- The following statement appends as clause C to section 2 of Art.26:

C-     Public proseantor, from clearance judgment or illegal accusation of the accused.

16- The following article is replaced with Art.38:

Art 38 – the government is to provide needed credits to prepare necessary equipment and devices and employing human resources in order to execution of this law.

17- The following article appends as Art.39:

Art 39- From the date of this law execution in any judicial district, all acts and regulations against to this act in its contravention section in the same district will be terminated abolished and cancelled. 

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Justice in Islam

By Abbassali Alizadeh
General Heal of Tehran Justice Administration

Chapter one

Judgment in Islam is one of the most important responsibilities and for the some reason Islam has allocated a great importance to this case, and recognizes it as a tusk part of God messengers and Imams (As) and religious innocents (As) and they have been removed as second step of God’s messengers’ duty role players, in Imams’ (As) quotations it has been mentioned clearly, such as arabic existing hadith.
This case is so clear and obvious that there is no doubt about it among Islamic scientists, and Shiite jurists. The outstanding people have pointed several meanings for the word “justice”, some have defined about ten meanings for it. (Javaherol-Kalam,vol.uo, P.7).
But it seems that the meaning of this word is only “judgment” and other meanings seem to be of judgment assists such as necessitate, obligation, direction, or they may be dummy meanings such as notice, freedom, morality and etc. Non the less, about the real meaning of justice, we should think whether it is an external or credential matter, as in shape aspects, justice is a credential matter.

Credential of fairs divides into 3:
A part which deals with clear and directed judgments.
And other part which is affected by some effects such as directed, rendering and consequential affairs such as partial and conditionals (public meaning of rendered judgments). And another part which is merely and only credentials in which the sacred judge has indicated them, so the real meaning of jurisdiction is the third one.
Therefore jurisdiction is not an existing interest such as attorneyship and the quotation that some Islamic jurists have responsibility to try public affairs with full authority, is a wrong matter.
Shortly, the meaning of jurisdiction is fabricating credits by the sacred judge for any existing expedition. But what is difference between religious adjudication and jurisdiction.
Religions adjudication is news, notice of judgment and belief, which Islamic jurist has derived them from Quran Verses and Islamic quotations, but jurisdiction is the competence limitation of general judgment with the rendered judgment. The Islamic jurist also has the right to add his comments to the single religious adjudication and announces his own understandings about it, therefore religious adjudication is upper than jurisdiction in rank.
Is jurisdiction a result of recommending to do good, and enjoining not?
The late Saheb-Javaherolkalm (RA) recognized it as recommending to do good and enjoining not, but it seems that jurisdiction us a different meaning other than it. Because recommending to do good and enjoining not is an obvious and clear judgment among Muslims or the doer of it, but jurisdiction consists of judgment render which follows hostility, however jurisdiction does not relate to guidance case as in it the most important thing is guidance and punishment of an ignorant but jurisdiction is not so, but it is rendering judgments which is enforceable by anyone.

Important Critics

If it is said that above mentioned differences are correct only if Islamic presumptions are all in the way of reality, or if we their that the sacred judge who believes it or realign it by an Islamic quotation,… but it we do not satisfied by methodology and fell that Islamic presumptions have casualty then mentioned difference would not be correct, but hereby we should object that the purpose of casualty is not the some as approved judgments about it. And it may have not of the following meanings:

1.        Expedition in presumption whether competence with reality or not.

2.        Acceptance of presumptions as casualties at the time of error.

3.        Acceptance of spiritual methodologies as Shekh –Azam(RA) believed, so in this case the jurist’s religions adjudication can be legally rendered and then there would be no difference between religious adjudication and jurisdiction. This is a very important discussion that scientists and Islamic jurists have talked about much and every of them has documented his reasons. But generally speaking if we accept casualty, then there would be great difference between religious adjudication and jurisdiction. Because in religious adjudication, rendering judgments means that rendering expedition judgments in presumption cases would be absolute or in some cases it would be alone through mentioned quotations (Real genera) rendering judgments). But jurisdiction does not have such concern and it competes with general judgment on special case.

·         What does jurisdiction mean in Islamic jurists’ terminology?

The first Shahid (martyr) (RA) has meant it in textbooks and the second Shahid (RA) has accepted it except its third part and believes the part of it relevant to claims and quarrels.

• Is there any religious fact for jurisdiction? However, many accept the above-mentioned meaning, but Islamic jurists differ jurisdiction with its word-meaning and does not have any new meaning constitution.

So he believed that the meaning of jurisdiction is the same as Islamic quotations. Therefore guardianship does not mean jurisdiction and seared judge has accredited it in a special individual. Hereby, the great Islamic jurists have mentioned many brilliant things but totally guardianship is very accredited and reliable as Ayatollah Azma Sayyed Abdolkasim Ardabili has objected in his book, Sharif, an Arabic objective sentence and also Ayatollah Mohammadi Gilani in his book, jurisdiction and justice in Islam, says that:
Islamic jurists have critics on some of those definitions. It seems that less critical definition is: K Jurisdiction is doing Islamic guardianship in order to render judgments for people. So renderings judgments at quarrels, hostilities and their dissolution and in public expeditions would be upon approved conditions.
Finally, guardianship includes jurisdiction or seared judge, so this fact is invaluable.

An Explanation about Guardianship

What are the process of guardianship which the great Islamic jurists (RA) have defined about jurisdiction and why? It is clear that the real guardian is the Almighty God…. In this case the late Ayatollah Ozma Komeini(RA) has declared something which means completely this acclaim’s definition . Which is in Arabic sentences. And in this paragraph, the Imam (RA) told that messangership and guardianship together with having great knowledge and high ethics can not be reason for rendering judgments, only the Almighty God because of his creation and real ownership of man can render real judgments, and Quran’s verses which recognizes judgments for Almighty God, however after it, the guardianship allocates to Hazrat Mohammad (SA) and after him it allocates to Imams (AS). And the reason for this acclaim is Quran’s verses and Islamic quotations which are clear and obvious but in the case of our discussion, guardianship of the great Islamic jurists and judges is the reason of these explanations.
Firstly, it is Omar-bin-Hanzaleh who quotes of Imam Sadegh (AS) a reason mentioning that. Secondly, it is quotation of Abi-rhadijah of Imam Ali(AS) also mentioning that. And several quotations such those ones. The time of former-governess (Kholafa), judges designated by them were completely an theorized to render all kinds of judgments such as retaliation, limitations execution and etc.
But at the some time, the Imams (AS) had not have such wide authorities, as Abi-Khadijag quotes from Imam Sadegh (AS) a sentence mentioning that or from another Imam(AS) and also from Hazrat Ali(AS) –(javaher,vol.40,P.31).

Problem and its Solution

Some has critics to Omar-bin-Hanzaleh sayings because of its documentation problem. Especially that the mentioned quotation includes absolute expert in Islamic jurisprudence.
But documentation-wealness does not harm reasoning. So we can say that the time of Imam Zaman’s (AF) absence, Islamic jurists can undoubted by do their best for needed people as judgments in political, social, civil, limitation claims, retaliations, and so on. And the best reasons for it , are two mentioned quotations and Abi-Khadijah’s and Sharif’s,… .

• Does general expert in Islamic jurisprudence have guardianship like absolute ones or not?

In this case, there are some disagreements and disputes among Islamic jurists.
Some jurists believe that guardianship allocates absolute expert in Islamic jurisprudence and no difference is between, those two accepted quotations. And as Imam(AS) sayings, it competes with absolute with Islamic jurisprudence. On the other hand Abi-Khadijah’s quotation comets with general expert in Islamic jurisprudence. In this case the late Araghi (RA) has a quotation reasoning that unknown reason pointed to Ahlalbait (AS) is the least procedure for Islamic jurisprudence.Anyway, if we get the two quotations right therefore guardianship will be proved general expertin Islamic jurisprudence. Otherwise we can accept two quoted reasons which results to absolute Islamic jurisprudence, and guardianship can not be allocated to general expert in Islam jurisprudence. But forgetting quotions however old great Islamic jurists have acted them, would be a problem.

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Judicial and legal commission’s report

The meeting of monthly judicial and legal commission of Tehran general Justice Administration was set up in 2001 in family court’s hall. The meeting was begun with reciting some verses of Quran.
Rezvanfar (prosecutors’ disciplinary office of judges):
Actually, these meetings are legal critics and revision and speech is free in it in any competence form and there is no prohibition and I thank.
Question 203- should cases such as selection of representative and supporter of civil judgments execution do by rendering judgment court or judge is warranted to execute judgments too?
Farahani(the representative of Qods judicial complex:
All my esteemed colleagues in Qods complex had a unique opinion about designation of supporter which is in competence with articles 78,86 and 112 of civil judgments exaction which would be designated by execution officers and by virtue of Art,112, the designation of supporter should be approved by court. But it was a dispute to select a representative among the colleagnes.

Rezvanfar:
Should execution officer select and appoint supporter of court Farahni: I mentioned that if there is a non-compromise exaction officer is responsible to select it and in the case of change request, it will announce the procedure to court and it would be approved or refused. Otherwise, they should introduce another one because changing necessity of it should be approved by court. About designation of a representative about has been given such authority and the depulity and director work beside each other, and then designation of representative will be done by rendering Judgments and there is no need for court of designate directly.

Pronouns (the representative of Imam-khomein complex):
This subject and problem has been solved in Arts78, 86 and 112 and supporter selection would be by execution officer. In changing of supporter it would be reported to court, by court approval, the change of supporter will be done. Designation of representative, due to his future life, would be a duty of courts, courts directors usually select and designate representatives. I think it is court, which should designate a representative. Kiazad (representative of result complex): most of my colleagnes and judges in result complex recognize courts as designators of representatives. But do there are separate in residential places and vehicles. For residential places courts do the document preparation and for vehicles there is no need to introduce court’s representative. By virtue of Art.77 supporter is designated by parties’ agreement. Exertion chief will select execution officer the best way is to do it by rendering judgments.
Rezvanfar, by virtue of Art.88 supportar’s designation would be by court, otherwise would by by execution officer, court only approves it and not certify. Otherwise to all, it can be designated by rendering judgments and there is no problem to it.

Shahsavari (the representative of supreme tribural of the country):
A Judge cannot do it through court sessions. He , himself, is responsible to designate supporter and select representativer, at the time of preparation of judgments execution law, it was assumed that the future objections would be solved in court. The executor can hold any title and if he is even a judge so it would be out of his outhorities. In law, there are some duties and outhorities for exactor of judgment and some are of authorizations of court. Zandi (Deputy to general director of Tehran

Justice Administration):
We put it on vote, but when a supporter is going to be changed, its approval suggestion is a responsibility of court. There were some different suggestions about designation of representative, but if there are some who thin that designation of representative would be by court’s opinion, please acclaim.

One of the presents:
We should differ between them, meaning that for preparation of a document, it should be signed by court’s representative, by virtue of Art.145. Art.64 tells that public prosecutor’s representative would be another case.
Zande- The dispute point, here is now the representative of public prosecutor, is it how from courts authorizations or judicial district authorizations?
Rezvanfar: After amounting that the authorities of public prosecutor should be given to the directors of Justice Administration the problem had been a penalty one and they did not suggest it as a legal one. Then the subject went under vote of minimum
and maximum of members as the following.

Majority opinion:
By virtue of Art.78, of civil judgments execution, the execution officer will designate a supporter, so in this case, court has no interference so , by virtue of Art.86 of the some law, the change of supporter should be approved by court, the minimum’s

opinion:
Regarding omitting of prosecutors’ offices from judicial establishments and due to execution of judgments is under supervision of rendering courts, designation of representative is a responsible of court not of the director of district judicial centers.
Question 204- How is rendering judgments and writs for the people who sign blank cheques?

Rafiei (Representative of Sadeghieh complex):
It is on judge’s duties. Legislator has defined its conditions. In penalty proceeding law the proper penalty has been mentioned for it and it was defined times ago.

Sarvi (Representative of Varamin Justice Administration):
Our colleagues believed that for blank cheques, a guarantee should be issued.

Shahsavari (the country supreme tribunal):
It was said that blank cheques need guarantee, but if it is together with other offenses, other special guarantees should be issued for him/her. Mozafari (Representative of kids-complex): In Art.47 of Islamic penalty law has been mentioned that in occurrence of several offenses, the penalties would be separate and if all of them are similar, then a unique penalty judgment should be rendered. After the Islamic revolution, they should render special and separate judgments for accusation especially for cheques. Then they polled the following opinion was approved:

Theory (unanimity) 2001:
 By virtue of Art.18 of cheque law, for blank-cheque accusation, issuance of cash guarantee or (bank-guarantee) is necessary, and the amount of cheque and its balance to bank-guarantee would be very important.
Question 205- If complainant has no real address to issue court notification, so what is responsibility of court office to issue another notification?

Majority opinion:
If the mentioned address by petitioner of complainant would be wrong or changed) then court’s office has no responsibility against it.

MinimumsTheory:
The address of complainant would not be recognized, so there is no responsibility against it. Or notice-officer reports that complainant has changed his address (e.g. changing address one day before presence of notice-officer), in this case a second and further notice will be sent to the complainant’s address.

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Statistical performance of Tehran province

The result of courts, and judicial complexes and Justice Administrations of Tehran in November and December of 2001 was declared.
Reported by judicial deputy- Tehran’s education and research center of Justice Administration, all referred files in Nov. had been 1/4/572 files and all closed files been 19/937 files. While referred files’ number in Dec. 2001 had been 103/961 files and decreased 10/611 files than Nov. 2001.
The closed files number in Dec. was 111,430 files which 8,507 non-closed files were seen among them.
Regarding, existing statistics, the number of files referred in Nov. 20 01 had been increased 23 and 14 percents than years 1999 and 2000. Also closed files in Nov. 2001 have been increased 14 and 19 percents respectively than years 1999 and 2000.But the relevant statistics has great essential difference with Nov. The number ofeferred files in Dec. 2001 had increased 12 and 13 percents respectively then years 1999 and 2000 and the number of closed files in current Dec. has been increased 11 and 2 percents respective than 1999 and 2000.
If we compare referred and closed files in Nov. and Dec. of 2001 with 1999 and 2000, regarding to the mentioned statistics, we will consider a 11% decrease in running works, the closed files of Dec. also decreases receptively 3 and 17 percents comparing with 1999 and 2000.
Totally, Nov. 2001 operation had been 5,365 files and December’s been 7,469 files from extant of documents, on the basis of this statistics.
December’s operation increased 2104 files than its previous month. In Nov. 2001, from all rendered judgments 63 ones were approved in rehearing court, which this amount reached 66% with an inerness of 3%. The number of quashed judgments in Nov. had been 18%, which is 21% in Dec. with a 3% increase rate.
13% of judgments in Nov. had been amended and certified and it decreased to 12% with a rate of 1%.
5% of judgments in Nov. had been referred to initial branches, which had a decrease rate of 0.1% in Dec. and totally decreased to 0.4%. The minus of referred and closed files in Nov.1999-2000 are respectively 17150 and 16887 files and in Dec. 2000-2001 they were 3165 and 1983 files. The minus of referred and closed files in Nov. 1999-2001 are respectively 27450 and 23927 files which reached 12188 and 12749 in Dec. 1999-2001.The closed files in Nov 2001. Rather Nov.1999 and 2000 were respectively 5628 and 8888 files. In Dec. 2001, the closed files rather than Dec 2000 was respectively 8651 and 6908 files.

Average of closed files by the complexes

Average number of closed files by Justice Administration

Average number of closed files by public courts

Especial Report

   In the early 1995, during establishment of public and revolution courts throughout the country, judicial complex No.5 – which was located in shoush  Sq. ( East Shoush St.) –  was changed to Besat judicial complex and with holding 15 active branches began rendering  judicial services  to the people resident in Tehran’s municipality regions No.16 and 19 areas .  

   With regards to this fact that the former complex location was not suitable for servicing  and was a subject to permanent objections of the people especially females , Tehran  justice administration authorities decided to change the location of it . For this submission , two short-term and long-term  actions  were committed . In  short-term operation , a more suitable location was allocated to it (located in Anbar-e-Naft St. , Gomrok Sq.) and in long-term operation with the co-operation of Tehran’s  region #16 former  mayor   , a large place  in northern side of  Tehran north terminal was purchased and now most of  the building construction has finished and will be opened soon.    

   Besat complex   has 25 branches which at present , only 15 branches of it are active. 25 judges will set up trials in this complex which includes  50% of  needed judges in this complex for hearing claims of the  regions’ people . Among the judges 4  are authors and some of them  teach in universities and higher education centers. At the present , Mr. Akbari is supervisor and chairman of the complex. 

   One of the last changes in this complex is giving responsibility of  judgments execution and judicial deputy to the chairman to Mr. Babak Razmsaz. In the activity field of this complex  sheriffs No. 130 Naziabad , 160 Khazaneh , 117 Javadieh and 152 Khaniabadno  and central criminal investigation department ,  SE criminal investigation department and anti-islamic immoralities   department  of the south Tehran co-operate with this complex.  

   In the first 6 months of current year 28,757 files including 6,139 former files related to  2000 year have been referred to the branches  of this complex of which 23,529 files have been put on trials and closed. The most offenses statistics  related to the complex activity area  includes 4,005 dishonored cheques  files  ,  2170 quarrels and premeditated  battery files  , 1592 theft files  respectively .

   At the time of preparation of this report , the shortest  period  for trial is about  3 months in Tehran’s public court .

   The most active branch of this complex is branch #903  which had been able to decrease its files from 771 to 260 files. At the present time , the most files are related to branch #915  including 594 files. In this report , we try to reflect the viewpoints of  Besat  judicial complex judges and official staffs about different problems in their jobs.

Judge Hamid Shafaei – Director of branch #905
100 files are normal assigning limitation

   Judge Hamid Shafaei  is the director of branch #905 of Tehran’s public court . He was employed by Iran’s Judicial system and has 25 years  of work experience  as one of the oldest judges of  Besat judicial complex . He has worked in Sistan-Balouchestan  and Khorasan provinces and as an interrogator in Kerman public court .  

   He was transferred to Tehran  in 1999 and started his job in Besat complex.  When the director of  branch #905 accepted this responsibility  the extant documents were 3200 files who succeeded to decrease such high number to 28 files and from the  aspect  of quantity his work was very unprecedented  . At the present ,  the monthly average  files  assigning to this branch are  380 files . Naturally , he believes ,himself,  that normal monthly assigning  files should be about 100 to 120 files .  

   About revival of prosecutors’ departments  , Shafaei says : “ This matter would be  very effective  since around 50 to 60  percents of files are closed during prosecutors’ department procedures and around 40 percent enter courts . Naturally , with this procedure , courts can put the files on trials much better according to quality factors . When the number of files are low quantitatively   , there will be much time to try and examine them and the quality will rise. I think if the prosecutors’ departments revive the monthly statistics of files will again reach 100 to 120 . “ 

   The director of branch #905 about the welfare situation of judges and staffs  announces : “ If the house problem of judges is removed  , the other  problems will be tolerable .My monthly salary is RLS2,800,000 and I pay RLS 1,700,000 of it to justice administration as my monthly debt installment . I am living  together with my 8 family members in a 55 square metes  organizational home  and  2 of my children are university students .  Here we have a staff member whose monthly salary is RLS350,000  to RLS 400,000 . Therefore , the authorities should  submit essentially on this case. “  

   Shafaei quoted a memory about his own job  which you will enjoy to hear it : “ When he was living together with his family and also working in Sistan-Balouchestan  province , the wicked  stop their car and shot 12 or 13 bullets toward Mr. Shafaei which only 2 scratches remain on his face . Then the wicked  after firing his car , stealing their  facilities and take  2 of his spouse’s comrades as hostages ,  they ran away  and  freed the  hostages after 24 hours . But later the same wicked persons were arrested due to murdering of a female teacher and after their confession to their accusations , all 3 of them were executed .“

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Judge Amin Moghaddam Zahra–The director of branch#909
Problems and round the clock working
 

   Amin Moghaddam Zahra was born in 1965 and has been working as the director of branch #909 of Tehran public court in Besat judicial complex  since 1997.

   He has around 12 years of work experience from which 8 years are judicial experience and before his presence in Besat  complex , he has worked in special complex of government staffs offences  , central  and Justice administration of Damavand province .

   His has a M.A. in international law and also holds clerical education . When Mr. Moghaddam was transferred to this branch  the extant documents were 1500 files which now they have been decreased  to less than 500 files .

   Branch #909  is a penalty and legal branch and has an average of 400 assigned files per month . Moghaddam explains about it that : “ We are happy to ability to  solve part of deprived people ‘s problems in the society  but according to our hostelry job we have encountered with many problems . Working in justice administration  mostly is subject to service  administration but our salary is very low that can only be responsive to a middle-class  life or even a little lower than that .  No facility has been rendered to us such as home .”

   Moghaddam believes that further revival of prosecutors’ departments would be very effective.  He recognizes the whole investigation procedure of a file for a 20-year experience judge very difficult and believes that by revival of prosecutors’ departments,  files  hearings will be more faster  and in addition to  it , the hearing quality of files will increase. All investigation procedures of a file will be done in prosecutors’ departments and judge can put applicants’  claims on trial with complete precision and  tranquility.

Judge Alireza Pakzad – The director of branch #913
Revival of prosecutors’ departments is not the only alternative

   Alireza Pakzad , the director of branch # 913 of Besat judicial complex has been employed to Justice Administration since 1980 . He has judicial work experience in West-Azarbaijan , Zanjan and Tehran provinces . Pakzad’s  began his job as an assistant to the district attorney and in some periods he has worked as interrogator , substituting judge , and banking legal affairs expert.     

   Branch #913 is a legal branch that one third of all   legal files are assigned to this branch. the average number of the assigned files  tom this branch is 130 or 140 per month .

   Pakzad explains about  the judges welfare problems that : “ At the present , the facilities which are descent and suitable for a judge  are not available for us and regarding life expenses in Tehran in compare with other  provinces , this subject seems to be more important.”  

   The director of branch#913 of Besat complex believes that Judiciary Power’s authorities are aware from our current problems but unfortunately they have not attempted to remove them or may not have the ability to do so .

   Concerning revival of prosecutors’ office says: “ I was opponent to   postponing prosecutor’s offices and believed that it could not be a correct action . After postponing prosecutors’ offices less-experienced judges rendered unconsidered and precipitant judgments. Further revival of prosecutors’ offices is not the only  alternative  and can not remove all inadequacies .Judges deficiency  and  staffs and judges  economical situation   interferes  in this matter too. From the  preliminary educational steps in this course essential investigations should be done and advancement hierarchy should be noted too and individuals should  approach higher ranks on the basis of their own experience. “  

   Pakzad assesses paying attention to cultural inadequacies, poverty and unemployment in order to remove problems and Justice Administration problems as an important factor and he recognized poverty as the most important factor to criminality. He believes that continuos cultural activity beside judicial submissions can obstruct several problems in Justice Administration and it can decrease people’s referring to Justice Administration.  

 Judge Hossein Salamat - The director of Branch #906
Precision has been sacrificed by speed

   Hossein Salamat , the director of branch #906 of Besat judicial complex  and has about 7 years of work experience . He had responsibility of executive affairs  about 15 years and his executive works has been  in relation with  prosecutor’s office so because this reason he is more familiar with the previous establishments . In the period of his direction upon  the branch , the extant of documents was 905 files which has been decreased to 400 files at the present time .  According to Salamat sayings , files assignment   is 150  in average per month . In addition to them , there are sheriffs  files , vicarious and other files too.  

   Salamat agrees with revival of prosecutors’ offices also recognizes  reopening of prosecutors’ offices very effective with regards to  files aggregation  and referring people’s number. He  believes that prosecutors’ office is a necessity to judicial affairs . Prosecutors’ offices decrease incoming files  to  court and balances the current accumulation of works in courts . In such status , trial judge can try and examine cases with ease and tranquility. Regarding this fact that at the present the number of files and referring people to courts are upon responsibility of  courts up to  committing affairs and investigation procedures up to rendering final judgments  , much working pressure  seems to be which causes not to cover certain rights of  clienteles in an idealistic way . In spite of hostelry activity of judges , can not be responsive to people perfectly and clienteles object to  quash of a right .

    The director of branch #906 of Besat judicial complex does not attribute  lacking prosecutors offices as the only reason for closing many files and says : “ Social , economical and cultural problems are the second reason which  increases referring clienteles to courts. People’s problems accumulate out of courts and the people lead all these problems to courts .This situation with the present conditions of courts and these facilities and personnel can not be compared and works do not go ahead better than this . Actually , we examine    cases before courts .  Existing some problems  such as poverty , unemployment , addiction , economical problems and etc. that we should solve all these problems makes precision be sacrificed  by  speed . “  

   According to Salamat , judges problems has been existed from far ago and there has paid no special attention to these problems . At the present time , there is no  benefit for  judges position which has been granted in religion .  there is much speech about judges responsibilities but there is no saying about awarding facilities to judges . judges have problem in the case of house-providing  and should pay half their salary as rent . Even  loans allocating  to judges should be reimbursed  with 16% of  interest  but there are  not such conditions in other institutes . There is no accordance  between judges salary and their work volume . Judge has an special responsibility so needs to special attention too.

 Judge Sayyed Mohammad Majidi –The director of branch #912
Revival of prosecutors offices causes balancing the volume of works

   Sayyed Mohammad Majidi has been  working as the director of branch #912 of Besat judicial complex   from July 2001 and in past  has worked as a substituting judge  in  the same branch . In his past job ,  Majidi had an extant documents including 250 files for putting on trials which has been decreased to a number of 110 files . He agrees with further revival   of prosecutors’ offices and believes that prosecutors’ offices were successful in the past and according to jurisprudence   , university teachers and country supreme judges the revival of prosecutors’ offices can balance files accumulation at the present .

   Majidi believes that revival of prosecutors’ offices in the case of approval  can be qualitative and improves courts current situations.

    He recognizes  lacking personnel and notifications and summons  issuance unit as   the most important problems of  judges and generally  Justice Administration .  He believes that  summons and notifications do not receive to people and clienteles  at their due date and causes problems for judges .

   He assesses the financial and life situation of Justice Administration staffs unfavorable and offers Justice Administration authorities to examine this important matter seriously .  

    He was asked to tell us a working memory in Besat judicial complex and he declared that : “ The subject of one of this branch’s files was about a person accused to theft . He used to enter  to people’s houses   as an electricity office staff and  steal from there . The accused used to make his family members beside electricity-meter  and with excuse of repairing  electricity wires enter houses and commit theft . When he was brought  to this branch I was informed that  he committed suicide  while he had been in jail by eating  pubic  hair-remover . But  Criminal investigation department’s officers was informed immediately and transferred him to hospital and by washing his alimentary canal  and digestion system his life was saved .

Farajollah Afifi – The director of branch #901
Trial period of files has been decreased

   Farajollah Afifi was designated as the director of branch #901 of  Besat judicial complex  since 1997 . He was born in 1969 and has 25% injury  of war . He has a B.A. from judicial sciences faculty and now he studies in the last semester of  M.A.  in international  law  in Shahid Beheshti university .  He married in 1995 and has a daughter . In the same year he worked as investigation judge in Varamin.

  His branch tries both penalty  affairs and legal claims . When he was designated  as director of this branch the extant documents included about 1440 file but at the present only 97 files have been remained . Such decrease was done under  a condition that he put 40 to 50 files on trials  each day . About  time period of trials , he says : “  the trial periods belonging to this branch has changed to 20 days from 2001 and we response petitions  the day after. But in the past trial periods were mostly 16 months . “  

   On the basis of his sayings the closed files in this branch in May 2000 included 860 files and in June thereof  it reached 878 files . These  files   were examined  under circumstances that the director together with his colleagues were obligated to rest only 2 to 3 hours per 24 hours due to works and files accumulation. According to Afifi , judgment is a very important matter and these work and file accumulations should not affect judgment itself  and put it under pressure. He added also : “ Judge should not encounter with a high volume of work . Even it is said that judge should be cared not to put on unsuitable shoes and be in complete comfort Now guess what should we do about these accumulations and crowds. But we did not have any remedy and clienteles trials ‘ files were very important and we should conclude and finish them as soon as possible . “      

   He believes that when  860 files   should be tried  in one month , it would be obvious that judicial delinquencies increase. About average number of referring  files  he believes that examining 10 to 15 files per day would be an acceptable statistics . With this existing conditions , judge can listen to parties  confessions  carefully and looks into their documents and render a proper judgment reasonably. While a judge is to work from 8:00 A.M. till 2:00 A.M. he listens to clienteles’ confessions in summary inevitably  and therefore the quality of trials and examining files would  lessen . He recognizes specialization of penalty and legal courts as a suitable solution in order to arise quality  and he resembles prosecutors’ offices to a filter which can prevent directing all files toward judge. By the way , he believes that former prosecutors’ offices had been very successful practically and concurrent ones –in the case of their revival- would not be like the former ones .  

   He recognizes the most bitter time for a judge  when the right of a wronged abuses or when a clientele is obligated to tolerate much time for solving his/her own problems  to approach right.

Judge Hamid Norouzi – The director of branch #910
A small deed is more important than many speeches and sayings

   Hamid Norouzi  was designated as the director of branch #910 of Besat judicial complex from 1994 .

   In his commission period the extant documents  were more than 1300 files under his supervision  and it has been decreases to 300 files per month . The maximum finished and closed files thereof had been 700 file monthly and the minimum had been  300 files per month .

   Nourouzi has 20 years of experience . He started his job as an assistant to the district  attorney  and some time also he had been working as the attorney general of the country as responsible to assess and interview with personnel . Afterwards he used to work as substitute to the revolution attorney and  also special  substituting judge  of the government staffs.  

   He is hopeful about  judgment periodical since it can reflex judge problems and  tells : “  One of the great problems which judges encounter with it is obstructions  and problems making by the bar association concerning awarding  the bar  certificates  for judges  and this matter endangers judges job security after their retirement , resignation and redeeming . “        

   He believes that everyone have the right to choose his own favorite job  and the government should support him/her in this concern . He regretted to mention this fact that the bar association asks judges  to prepare non-criminal record (penal record) , opium and morphine medical tests and  etc.  to get a certificate of the bar  and defines it as an irrespective action toward judicial system . He adds : “ judges do not conceal the fact that the bar  acts in accordance with  the approved  regulations . But whether  this vacuum  and the legal problem are not solvable ?!  

   He recognizes unfavorite welfare  and life situations of judges as the second problem  ,and believes that after the revolution it is not a good feature to be so and also shows a descending and downturn  procedure rather than before .  He relies  to a historical example and continues : “ In  Dr.Bagher Agheli’s  book named  “ Davar and Justice Administration”    has been written that  once upon a time Mr. Davar requested  Mosadegh – who was the leader of the assembly’s minority  fraction -  to accept Tehran public attorney position at those times . Mosadegh’s salary in assembly was RLS 2000 and   Mr. Davar suggested RLS 10,000 as Mosadegh’s salary in his new position . This means that Tehran’s public attorney’s salary at that time had been 5 times than an assembly’s  representative and indicates the good welfare situation level of  judges  at that period of time . “  

   He asks for accordance and comparison between judges and the assembly’s representatives and with appointing to the critical  judicial staffs welfare situations  and reasons   that this would be an encouraging  point for Justice Administration  staffs. He also believes that sufficient salary , files accumulation  and working hours decrease would highly qualify judges operation . For example a car is given to a judge or a staff for his 30-year service but its total price is defalcated from his/her salary . “  

   About  the fact that Justice Administration  has no attraction for judges  adds: “ I believe that A small deed is more important than  many speeches and  sayings.”

Judge Ayoub Shokr Amraji – The director of judgments’ execution branch
A judge should be in complete comfort and welfare

    Ayoub Shokr Ahmadi is the director of penalty judgments’ execution branch of Besat judicial

complex . He  has a M.A.  in criminology and criminal  law from Tehran state university and has more than 2 years of experience 

   The number of the referring files to this branch for judgment execution  per month is around 250 or 270 files and even some time ago , the extant documents in the above-mentioned branch was 400 files . This branch includes  branches  No. 909 to 915  of Besat complex all under supervision of Mr. Amraji .  He says about  his own job situation that : “ In other judicial complexes there is one  penal judgment  execution branch for each 3 examining and trying  branches but in Besat judicial complex  despite existing 15 branches for offenses trials there are only 3 branches for judgments execution.  Therefore ,  I should work alone and do as 3 judges . We are in lack of judicial colleagues  and administration personnel . I try very complicated  penal and legal files in this branch and even obligate to do my job in my house. “  

   About welfare situation of judges , he believes that with reference to Islam religion  , judge  should be in complete welfare and even have a lawyer for his daily affairs .  But now regarding Judgment position in Islam ,  there is no comparison accordance  between  works volume and  salary amount . The bill of reforming  parts of  law  acts about formation of public and revolution courts mostly has been welcomed  by judges and he says : “ When works would be specialized , public rights of people would be revived and clienteles affairs would be tried and examined  easier and better . After revival of prosecutors’ offices , research judges who are doing their own responsibilities can try files as research assistant to the district attorney . Files trials have their own procedures which could be done after revival of prosecutors’ offices . At the present time and with current system in which judge is both in the position of attorney at law  and arbitrator , clienteles rights are notified less.  Reopening of prosecutors’ offices can solve many of these problems . “

Judge Mir Ali Jamei – The research judge
Division of works can lead to quality improvement

   Mir Ali Jamei is the director of penal judgments execution branch of Best judicial complex and has 2 years of work experience in judicial system of country . He has a M.A. in  criminal law and criminology  from Tehran state university.   

   The works procedure in penal execution branch  is in way that after relevant procedures done on file and rendering final judgments is sent  to judgments execution  branch and it executes the rendered judgments  such as imprisonment , cash penalty , lashing and etc. He quotes that 400 to 500 penal files for judgments execution  are referred to that branch .  

    He believes that reopening of prosecutors’ offices  will assist to lessening of the files volume . With regards to this fact that at the present time , all trial procedures related to a file is a task of judge now , but after reopening of  prosecutors’ offices division of works would be done in a favorite way . Due to such division  the petitioner and accused rights would be uttered better and perfectly .  

   About judges problems he announces that : “ Judgment is a very difficult and full of complicated  responsibilities .  Salary and facilities belonging to a judge should be in accordance with his work volume . In Islamic jurisprudence  has been appointed to this matter that a judge should have servants or even appointed that he/she should not buy  things himself but servants . In European countries judges are granted blank cheques and even in poorer countries than Iran such as Pakistan and Turkey they are given vehicles. At the present , a judge’s salary  does not compare with the volume of his works specially in Tehran in which expenses are more than provinces. “   

   Jamei recognizes people role to assist courts necessary  and believes that people should have sufficient information about  their own rights  and also the procedures of a file . To add such information  and legal ones there would be a necessity of guidance units in courts . Clienteles  to Besat judicial complex  are mostly from poor class and level  of the society and do not have enough information . For this reason judge’s works would be more difficult . If there would be sufficient information  volume of  files would be decreased and the time wasted less.

Judge Abdolhashem Yaghoubi – Deputy to referring files division
The problems are obvious

   Abdolhashem Yaghoubi  is  deputy to referring files in Besat judicial  complex. He has a M.A. in criminology and criminal law course. He had been  the director of Tehran’s public judgments branch and he has been working in his current position for 4 years. He also works  as a part-time teacher in law courses in university and 10 volumes of his books have been published .  

   About revival of prosecutors’ offices , he believes that this will assist to square  substituting judgment , quickness of trying the petitions and decrease of  extant documents . Omitting  attorney at law  is practically  transferred  his , his  deputy  and interrogator  to executing officers and this is out of legal responsibilities of  Justice Administration’s executors (Law enforcement )  and is not to the expedient of the society and files’ parties .  

   Therefore , the minimum  benefit of  revival of prosecutors’ offices is returning those essential and legal duties of judiciary power and attorney at law to prosecutors’ offices . Precision in trials due to attorney , deputies to him and interrogators  interference in investigation and pursuit are of other revival advantages of prosecutors’ offices . Essentially ,  substituting judgments and investigation together in one center  is out of legal principles and regulations.  

   Referring deputy of Besat complex says about welfare problems of judicial and administration staffs  that : “  These problems are not hidden ones and have been considered by judiciary power authorities  and especially Ayatollah Shahroudi  , the chief of  judiciary power . Otherwise this problem finally should be requested from the revolution  supreme leader to solve. Out of all these cases , ultimately  irrecoverable deficits which we had up to now would be increased up to country-wide problem for all the society. “

    Finally , he thanked all  his colleagues in his 2 years of activity in Besat judicial complex  specially   the former manager of the complex , Mr. Hamidian  and hopes day by day and continuos  success   for  current manager of the complex , Mr. Akbari .

    At the end of interview , he recognizes press and T.V. networks as necessities  for Justice Administration .

Babak Razmsaz – The director of judgments execution
Applying experienced authorities’ opinions

   Babak Razmsaz is judgments execution deputy  of Besat judicial complex . He was  already the director of branch #904 of Tehran Public court .  In a period of time he was also  working as investigation  judge in  government staffs complex and before formation of public courts he was working in prosecutors’ offices.  

   Concerning the existing problems in Justice Administration  , he tells: “  plenty  of clienteles  , work and files accumulation, lack of judge and experienced staffs are our judicial colleagues’  problems .  There are some partial problems too such as  some facilities needed for judges for example :  law books  that we do not have . “   

   He proposed to apply experienced authorities opinions  to remove the present  problems . Because they were directly in touch of the people’s problems concerning judicial affairs . He believes that revival of prosecutors offices would be  beneficial if  it would have a strong  backrest and if needed  expertisems  in this concern    take place . According to him  formation  of a new establishment  in any situation and period of time needs precise planning and research . To access to a new and successful establishment  we can use the opinions of the expert and experienced individuals.  

   He added : “  Prosecutors’ offices need to new regulations and rules  and their reference is  1911  acts which is related to 80 or 90 years ago  then it can not be  so beneficial . If we have general  and perfect regulations  and do their know-how we would have  a suitable and beneficial  situations .   In addition , judicial and administration colleagues of Justice Administration would do their own best in this case.”

   When he was asked to tell a memory  with acknowledgment that all judicial job is memory , he announced :  “ About omitting prosecutors’ offices and establishing   public courts  I can  appoint to a memory relevant to necessity of hostelry of murdering cases judges activity   and it was a night when the day after it was going to be submitted  for a system change to activate current  system  . It was not recognized whether murder interrogator  or investigation judge is responsible to examine and try files!”. He believes that preventing such problems needs to submit for widespread research .  

   He also believes that  judicial system belongs to all staffs of this  complex  and recognizes his own and colleagues  credit as high efficiency of this system and with reference to Hazrat Ali (AS)  who has told : “ the people who has two similar says are wronged “  , I hope in near future judicial system’s operation  will  be better and better  day by day  to make servicing to people possible .  

Mohammad Taghi Mohammad Nezami – General office manager
The number of branches should be increased

   Mohammad Taghi Mohammad Nezami has a B.A. in Law and 26 years of work experience and is an old and full experience  member  of Justice Administration . He has been working in Besat judicial complex for about  6 years . Concerning the complex situation , he says : “ This complex has been located in southern part of Tehran and  rented . Most of its clienteles are from poor level of the society and naturally it has many clienteles . We encounter with space and facilities lack  here. Furthermore , another building for this complex  is under construction  and we hope to be finished soonest to  move there . This matter can solve our  space lack problem . “  

   According to him , 2500 to 3000 files are entered Besat complex monthly  which are distributed to the branches . And the same number of files are closed per month . With these explanations if we want to put files on trials in a gentle and favorite way we should increase the number of branches .   

   As the general office manager of Besat complex , he is  responsible for the complex administration affairs , presence and absence control of  administrative personnel , supervision upon administration affairs of courts branches and judgments execution  departments , supervision on staff affairs such as secretariat , computer department , typing , notification issuance unit ,  declarations  office , properties  storekeeping , morgue , services  and installations , response to clienteles problems about administration affairs , conformity with clienteles original documents and preparing reports  from  files referred by the complex chief. 

   About judges and administration section problems related to Besat complex , he says: “  Administration  personnel are more in depravation . Some of the staffs are living with a very low salary which may  most of it is paid for their houses  rent fees.  Long working hours  affect  on  judicial  colleagues    operation  negatively  and is  effective in  their decision-making . But unfortunately there is no other alternative. We encounter with the  lack of judges , staffs , facilities  , salaries and fringe benefits  problems .The custom and usual conditions existing in other  ministries do not seem to exist In judicial power  desirably   such as recreation and sport centers and fringe benefits and rewards  during  service term. “  

   He appoints to obedience of improvement hierarchy in Justice Administration too.  He believes  when a staff enters an office , he/she   passes the way of improvement and approaches higher positions and ranks , but there is no such a formation in Justice Administration .  

Judge Sayyed Mohammad Ghazavi – The director of branch # 911
The problem is accumulation of files

   Sayyed Mohammad Ghazavi  is the director of branch # 911 of Tehran public court . He recognizes present problems of Justice Administration as  much accumulation of files and  believes that with condition under which courts are both prosecutors’ offices and arbitrating places now the problem has been more . He says : “ Many of files  are very complicated  ones and need more precision . We should act both the duties of substituting judge and court chief . With this current accumulated files , examining all affairs would be difficult . but I do not mean that prosecutors’ offices should be revived . According to me , prosecutors ‘ offices revival would be  a  tragedy .  If courts and prosecutors’ offices would like to work independently   it  would cause problems . If prosecutors’ offices  do not  work under supervision of  courts  and pursue and investigate  files , render  bills of indictment and then file be referred to court and it makes  act in   conformity   of   bill of indictment  then all this process   would not be correct.  

   At the present , there are 9 and 10 –year recorded files here.  These  files  have been studied and we understood that the problem is due to prosecutors’ office. For example something has not been fraud but they have defined it fraud.  Prosecutors’ offices revival in the  former way is  not expedient  and correct at all. It is better to designate a substituting judge for each or for two courts to work under supervision of that court . Court should try only arranged files and not to submit for all procedures of a file .  “

   He mentioned “  Justice Administration lawyers” as the second problem and believes that lawyers in addition to delay a  and linger courts’ duties , they receive a salary which is  equal to the annual salary  of a judge .  He appoints it an injustice . He also announces that : “ A lawyer should be responsible to siding right and recognize right not to side the party whom he receives money and wage.” 

   He thinks that allocation of  blood-money  only to cow , lamb and camel  is wrong . and adds : “ In religion there are six cases but three of them have been notified. Some years ago I proposed  to mint Derham , which is one of blood-money  cases, as coins and hand it to banks . Then banks should have the authority to evaluate its price under conditions in which others can not benefit them and melt them   to send it out of country  such as Bahar-Azadi coins. “

Judge Mohammad Hossein Shamlou Ahmadi
Strengthen people’s faith

Mohammad Hossein Shamlou Ahmadi is the investigation judge of branch #903 of Besat judicial complex.   He had been already substituting judge of Isfahan Justice Administration  and came to Tehran  to study his M.A.  course.  

   Branch #903 is a penal and legal branch and tries all referred files except those which are not related to this branch or other branches of public courts  such as kids or murdering cases which are related to  kids or criminal complexes .       

   After referring files to this branch , the file  will be given to a judge and he should investigate with conformity of authorities signified by the director  for him . After completing investigations  , he  should return the file together with work report  to the  director of branch . If there seems a  deficient in investigation , the supplementary  investigation should be done , otherwise a date  would be  arrange for it  and it would be tried and examined.  

   About  reforming parts of government bill of revolution and  public courts  says that : “ This fact was obvious that Islamic guardian  council  rejected prosecutors’ offices  and its reason was non- recognition of its   proceedings regulations   and also the proposed prosecutors’ offices were not in accordance with religion  and this problem should have been solved . Regarding this multi-article bill  there was not possibility to prosecutors’ offices revival . According to me , if this act was approved , the conditions would be more difficult  than that now . When public courts were established , all files were transferred to archive  and now in 2001 , the files are being investigated gradually and exited from archive.  

   If these  prosecutors’ offices were  set up by the proposed law  , the files were transferred  to  archive and it actually wasted the time. Secondly,  at present period of time it is not suitable time  for establishing   prosecutors’ offices  because public courts are advancing  and gradually are being famous and scheduled  .  We should be patient for at least 10 years to consider the results whether this court results or not. Then we can sum up the results and investigate them . After solving problems we should approve a  comprehensive  law and obstruction  and form a board including experienced  judges , lawyers and scholars  to study the result and investigate it in all their aspects.  With regards to the investigations , if there is no  deficiency or problem   it should be executable at least one year later. “  

   He believes that this expect  which mentions that all the people should be informed of their own rights ,  constitution and ordinary laws is not possible totally. To decrease  offenses and quarrels  , we should strengthen  people’s faith and religion . If the people bound to  religious regulations  and respect others  many problems will be automatically  removed .   

   At the end , he assessed improvement hierarchy obedience in Justice Administration  as an important and necessary factor and recognized the most general problem of Justice Administration as lack of management and sufficient human resources .

Mousa-alreza Akbari – The supervisor of Besat judicial complex
Tehran’s Justice Administration should solve the lack of Judicial and administration personnel of the complex

   Mousaalreza Akbari is the supervisor and head of Besat judicial complex. He has a B.A. in judicial sciences course from judicial sciences faculty and has a M.A.  in criminology and crime law from Tehran state university . Some of his positions are as follows :  Deputy to Hashemi judicial complex  , deputy to Imam Khomeini (RA)  judicial complex , the director of branch #219  of Tehran public court , judicial deputy to the general chief  of Tehran’s Justice Administration   and the supervisor of Besat judicial complex.  

   Now it is near to seven months that the supervision of Besat complex  has been delegated  to him . In this duration  , it has been tried  to guide and advise the clienteles of this judicial complex  who are mostly from Tehran’s poor people living in south Tehran to claim  or file their petitions   in accordance with  substitution-judgment  principles and regulations  by establishing judicial guidance department.  This matter prevents claiming  penal or legal claims  instead of each other and avoids  courts and clienteles time-wasting and also by establishing judgments execution branches   under  supervision of a judge who has emitted this unit from stagnancy and all judgments executions files have been dated for supervision and   execution of rendered executions  is going ahead quickly.   

   The next  submission was  specialization of trial branches of this complex which some have been allocated  to legal cases and some to penal cases  on the basis of commerce , interest and judicial knowledge  of esteemed  judges .   

   The supervisor of Besat judicial complex  supervise upon  legal duties of judicial and administrative  personnel and tries to accelerate and speeding up  to  clienteles affairs  and suitable greet with them . He says about the role of people to improve  substitution-judgment  situation  that : “ Increasing  legal knowledge of people  and their familiarity with acts of constitution and other laws for people has been recognized very well.  And causes  people defend themselves from their own legal rights    and with correct claiming of petitions the procedure of substitution-judgment will go ahead in a favorite way. “  

   Since he has worked  as assistant to district attorney  of Tehran and Tabriz public prosecutors’ offices  and substitute-chief of Tehran’s prosecutors’ office of district 7  , so  concerning partial reforming bill of  revolution and public courts’ law acts  believes that  prosecutors’ offices revival  will assist to solve some problems  and  recovers  trial procedure to penal affairs . Clearly , prosecutors’ offices revival  does not affect  on legal files. From positive effects of prosecutors’ offices establishment would be  increasing supervision upon Justice Administration  executors  and sending penal files by complete and perfect  investigations   and rendering bill of judgments which causes penal courts  not to encounter with files accumulation-which we encounter with it now- and render judgments with sufficient precision and opportunity and try them . By prosecutors’ offices establishment  this fault that petitioner and judge are both one person will be removed (With regards to public aspect of  crimes)  . By  prosecutors’ offices establishment the reasons will be collected by prosecutors’ office judges and finally court will investigate and evaluate  the collected reasons  from  the accused and prosecutors’ office neutrally .  

   Meanwhile attorney general  who  has been forecasted   in proceedings regulations   and revolution and public courts plays no role  in collection of reasons  and trial will be  from the beginning to the end by court  and the role of attorney general  will be summarized  in petitions notification and pursuit request of the accused .    

   The supervisor of Besat complex   says about the complex problems that : “  We encounter with the lack of judicial and administrative personnel as it has been forecasted 25 branches of public courts in the organizational chart  of this complex but now there are only 15 court  branches and 2 of them work without directors and are directed by substituting judge. The other problem is the lack of space to establish further branches , as there is not possible to increase branches due to this problem . However , the lack of space can be removed by opening  the new under-construction building and is finishing .   But the lack of judicial and administrative personnel should be solved by the province Justice Administration . Due to location of this complex in southern part of Tehran and is formerly renowned as a very crowded  and file-fully , so  judicial and administrative  personnel usually have less tendency  to work in this complex while this complex has a better situation . From other aspects , giving services to the southern part of Tehran and poor people is an invaluable matter. We hope that tendency for working in this complex will increase in future. “

   About lawyers role in courts , he says that : “ Courts do not have any problem with Justice Administration  lawyers . If a file is run  by a lawyer , it  is  beneficial for court too because lawyers know law  and in defense of  their  clients and their requests do in conformity of laws and do not submit on the cases through  feelings and enthusiasms   against judicial  judgments  and other decisions , but they would object  against judgments and decisions in accordance of  legal regulations . Hiring  Justice Administration lawyers by petitioners can easily prevent quarrelsome between  petitioners and administrative personnel of courts branches or probably with those judges who do not know some legal parts in some cases . “ 

   Concerning the way of judicial system supervision upon judicial units , he told that : “ The inspectors  of judges rules prosecutors’ offices  or inspectors of special inspectors unit of the esteemed judiciary power chief  and also pursuit unit  of judiciary power petitions are responsible to supervise on judicial units . Some inspections are also done by the province Justice Administration . “

Petition providers

   In Besat judicial complex  there is a unit named “ petition-provider” which has been located in a corner of the complex corridor  , and they write down clienteles petitions and prepare them . They prepare a petition with receiving RLS4000  from clienteles , from which RLS 1500 belongs to petition-writer .

   For getting more information and recognition of this unit operation we had interviewed with some of them  as follows:  

   Ghorban Ali Mohammadi is one of   those petition-writers  who is 27 years old , married and has a B.A. in law from Tabriz Azad University . He is the only one of them who has law education  and the others do this work practically and through their experience .  He believes that petition-writing  is the base of Justice Administration . If a petition is not written correctly and refer to court , the related authorities recognize its fault and problem  much time after  its sending to court. This problem causes  increasing the volume of files and wastes courts  time. These problems indicates the necessity of law education for petition writers.  

   Daily salary of petition writers is almost  RLS15000  . Petition writers  unit of Besat judicial complex  is rented to an individual who owns a copier machine.  

   One of the other petition writers says that : “ If Justice Administration employs jobless  law bachelors  by paying them  RLS 1,000,000  per month  and    organize them in an independent unit with “petition writers” title ,  the situation will be better . It is better that petition writers  be supervised by  Justice Administration completely . Employment of jobless bachelors , can decrease unemployment statistics . 

   Most  petition writers believed that it would be better to  improve their  units and hand them over  welfare facilities .  Also some of the petition writers  believed that regarding  the present  facilities of Justice Administration  , the petition writers  conditions is suitable and can not have expect more than this .  

   Concerning petition writers situation in Besat complex we interviewed with some of clienteles. Some believed that petition writing  or in another terms providing letters  and petitions is a responsibility of lawyers and  petition writers are substitutes to lawyers and it is better that the petition writer be a  person with law education . These clienteles recognize petition writing as a wasteful work and believe  and if some one can not hire a lawyer , court is responsible to introduce them some individuals in order to legal consultation .   

   Some of  the clienteles who were poor in financial   power to hire  a lawyer , assessed petition writers unit very effective and well .

   On the other hand , some judges believed that petition writers make problems for clienteles and courts   and in the current conditions that files have been accumulated , this subject would be an additional reason and the related judicial authorities should  make a decision  for dignities obedience and high position of judicial system .  

   For instance an individual referred to one of the petition writers in order to providing a petition and complained from someone for some reasons . The petition writer said to the clientele that : “Do not worry , Now I will mention some reasons in your petition letter to knock out the complainant . “  

   For this purpose , the petition writer added some extra accusations to the application and told if the complainant could exonerate from each one would be in trouble with the other one . The clientele was seemingly happy .  

   Most courts authorities are opponent to this subject and tell that they can not put them on trials so actually they are wasted their times by these actions.

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SOME WORDS FROM EXPERTS….

The administration & governmental entities building connections with their readers are using different ways. One of those ways is to publish a magazine. In today’s modern world, the traditional ways to build a connection is no longer effective and those ways are being replaced by the new ones that are exceptionally effective. The basis for building a connection is to know your readers very well.
The reader’s interest and his believes must be considered and accordingly the needs and his liking, the influential messages are being presented so to leads the readers to their duties. Usually such publication are categories in three groups:
A – general groups
B- specialized groups
C- semi – specialized groups
The specialized publications delivers specific subjects that only understood by experts in fields.
The semi – specialized publications would speaks on subjects in some way specific which aside from expects, common peoples who may grow interest in the subject may utilized them.e.g. law publications that excepts from lowers & judges, other interested parties on the subject may benefit from it. The general publications are that addresses all literate peoples. The justice Dept of Tehran is specialized org., which has to communicate with judges. The judges due to their espacific knowledge and their sensitive duties, they have to communicative with all folk of lives. Thus, creating a publication, which nourishes the judges and answers to questions of folks. The judging magazine intends to main concerns of judges new enactment’s, management training & R & D on legislative body of Gov. and issuing writ from courts & judges, and also opinion of judicial authorities.

• Objectives :

1.        Deliverance of Educational norms. Due to Hectic schealess of & employee

2.        Creating participatory action among the J D of IRAN. The judges may air their opinions on the J M.

3.        Creating open forum participated by folks & judges so to eliminate mistakes. In judicial proceedings.

4.        Dissuasion of latest finding in laws at national and international levels, which in turn increases, the guilty of judging general.

5.        Sharing the judge’s experiences to enhance and up grade the abilities of young judges.

6.        A communicative bridge between justice management and judges through dialogues may remove the difficulties of judicial proceedings

7.        Appropriate venue for judges to discuss their opinion as a “public survey “ about enactment and writs from courts.

8.        Of course in making such magazine, we need the collaboration of judges and administrative officials. We hope and looking forward to have your comments. For the ending, the poet Mr. Soohravardi says: say words when you got listeners

          Editorial signature

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One vote, One experience

Trial date:
Trial file:
Reheard by: Deputy to Tehran provincial justice administration Mr. Tabatabei reheard against: Tehran provincial general office of city lands.
Trial reference: Branch #5 of the country supreme tribunal.
Branch board: Messrs. : Alireza Reaei Nia, the head and Hassan Maghid Alhosseini, deputy member.

Summary of the file:
Mr. Hshem Bari Nobar with attorneyship of Mr. Abdolreza Salrian has a petition of Tehran provincial general office of city lands about cancellation of commission Art.12 of city lands, for registered number: 3919/236 and cancellation of aforesaid document with the name of government including legal deficiencies equal to Rls1,000,000/- wad delivered to branch #513 of Tehran public court and has added that the complainant has recognized 634 square -meters as the clients belongings and at once has requested to receive original document and as its oldness evidence such as water-well, very old trees, wind of soil and air-plan, and has requested to cancel document and judgment by opinion of official experts and with investigation of the location. He has attached copies of ownership papers and letter of attorney to his petition, and finally court summoned both sides about 2 years ago and ashed for reasons. The representative of the complainant has declared the theory of Art.12 commission has been rendered with regards to air-plan and investigation of the location and consequently has requested to reject the claim of petitioner. The court has referred the case to its own experts on the basis of bill No.1441-30/6/79 and then because courts experts had considered no reason for civil or fertility of the land and requested for rehearing by branch #35 of Tehran provincial rehearing court on the basis of within verdict No.185/35/79 due to the fact that petitioner’s requested price is less than objection designatory, so court has rendered writ for rehearing. Therefore since cancellation claim of Art.12 of commission is a non-financial one, the general deputy to Tehran’s Justice Administration requested for its rehearing and the rendered judgment was sent to the country supreme tribunal and the needed report would be read.
The branch board in the above-date was set up and after hearing the report, it renders as follows:

Judgment:
Concerning verdict No.185-79/10/27 by judicial deputy to Tehran court branch No.35, the rehearing cancelled because the requested price was less than Rls 30,000,000/-. Since a part of petition is non-official and all is not monetory and it was cancellation of commission theory of Art.12 of city lands and it can be reheard in competence to clause B of Art.331 of civil proceedings regulations, as a non-official claim. So the rehearing court’s verdict was cancelled due to Arts. 371 and 401 of civil proceedings regulations and it was referred to a court for essential trial.