ghazavat -
No.41
- Oct
- Dec , 2006
Editor in Chief’s NoteAt last revival of the
judicial police did not result and disciplinary force was replaced
by form of the judicial rank. It was supposed that 800 of employees
of the disciplinary force are allocated to this affair that the
first course of training the force was began in the Education
Department of the Justice Administration of Tehran Province. At this
session, the Honored Head of Justice Administration delivered a
valuable speech and in this issue, this speech is set forth instead
of the editor in chiefs note. - Executive method of second chapter of instruction No.1 of comprehensive plan of removal of proceedings lengthening approved Oct 22,2006 regulating the scope of power of attorneys and experts in settlement and arrangement -Comprehensive law for controlling and national fighting against tobacco products Law for suggesting the proper of children of Iranian women who married with foreign men. -Verdict No.361 dated Aug 27,2006 of General Board of Administrative Justice Court concerning cancellation the date of death(March 21,2000)of Note (1)of circular No.24/1 of Social Security Organization(SSO) . -Verdict No.365 dated Aug 27,2006 of General Board of Administrative Justice Court concerning cancellation the circular No.18420/3/34/11731 dated Feb 9,1997 of Ministry of the Interior. -Verdict No,374 dated Aug 27,2006 of General Board of Administrative Justice Court concerning civil servant right for receiving the salary and allowance(extra payment) related to earned leaves that were not used included of right of children and financial help for the individuals that are in the state of being family man or having dependents. -Verdict No.359 dated Aug 27,2006 of General Board of Administrative Justice Court concerning recognition the healthy of individuals in order to employ them in public units -Verdicts No.429 dated Sep 10,2006 of General Board of Administrative Justice Court concerning executing the Land Forms Act for those lands that joined to the cities legitimate limit later. _____________________________________________________________________ Disciplinary Warnings * Judgment No. 261 dated Sept. 16, 2005, drawn up by Branch of Judges Disciplinary High Court: Regulations of Article 262 of Criminal Procedure Codes and its Note is not applicable for the assistants to the public prosecutors general. * Judgment No. 287 dated Sept. 25, 2006, drawn up by Branch of Judges Disciplinary High Court: Claim of forgery of a document shall be filed by mentioning reason otherwise the court does not take measure regarding it * Judgment No. 257 dated Sept. 20, 2006, drawn up by branch No. of Judges Disciplinary High Court: Investigation and rendering judgment concerning an action given to recover marriage portion, without issuance of decree of heirship, in case the defendant(s) does (do) not deny his (their) inheritance is not disciplinary violation. * Judgment No. 256 dated Sept. 20, 2006, drawn up by branch of Judges Disciplinary High Court: With respect to Article 656 of Islamic Penal Code, the thiefs conviction limited to payment of cash fine as well as rejecting the complaint of the complainant concerning giving the original property or equivalent of the property or price of the stolen property is disciplinary violation. * Judgment No. 18 dated Apr. 23, 2004, drawn up by branch of Judges Disciplinary High Court: The mere statements of two witnesses without taking an oath and punishment explanation of perjury which the verdict has been based on it, is disciplinary violation. * Judgment No. 240 dated Sept. 12, 2006, drawn up by branch of Judges Disciplinary High Court: despite of access to the official expert, selection of non-official expert for performance of the expertise is disciplinary violation. * Quash of judgment of Judges Disciplinary High Court concerning conviction of defendant judge to degradation of one judicial rank and its change to deduction of one-fifth of monthly salary for three months as described in Judgment No. 861 dated Aug. 26, 2006 of Judges Disciplinary Appeals Supreme Board _____________________________________________________________________ One Vote, One Experience One vote, one experience of this issue is regarding verdict of Hemofiliacs Case,part one: Government civil liability toward citizens, specially in fields that government have a exclusive activity, is very tangible. This issue is so objective that can not be ignored by no means. Court believe that even if Law of Torts was not among the current laws of country, with depend on principles Nos.164,167,171& 40 of constitution ,the government civil liability is undeniable, especially at least while in the scope of government it deliver services in the fields of incumbency & economic activities. Some of Ayatollahs(high ranking Shiite clerics)in response to the question of one of the hemofiliacs that asked ,if in the result of improper in vitro and medical equipment in the medicine and transfusion of blood system, and carelessness of authorities in charge, illnesses transmitted to patient ,according to religious law government will be bound to pay compensation said unanimously in their judgments that paying compensation is lawful. Honorable Leader of Islamic Revolution of Iran too in position of Shiite religious authority has said it is all right to receiving the money as a compensation if it was based on regulations Based on Articles 328 &335 of constitution rule of deliberate & being the cause is executable regarding government Essentially, people through a natural relation use of the government services and in many cases they can not inquire into the government activity, because on the one hand they havent science ability and permission for research regarding the faultless of medicines, on the other hand socially this kind of research is not logic and also hasnt executive guarantee as well as in different political systems this issue is part of government duties and hasnt a special law. The law for duties and establishment of Ministry of Health and the law for medical & chemical affairs regulation approved June 19,2006 and the law for regulation of eatable & drinkable stuffs, sanitary substances and cosmetics approved 1955 and its amendment especially this social necessity is conceded in Article1& 2 of it. In principal No.173 of constitution of Iran this social logic is mentioned and also it is established the public organizations & institutions for looking into the grievances and investigate the performance of governmental offices with regard to duties mentioned in law and damages sustained by the people. If probably the public institutions committed to an offense in doing their duties, principal No.167 of constitution will be used as a supervisor and the Judiciary always protect of damaged people. The court view in area of citizenship rights and government civil liability in face of citizens became clear by Article 171 of Constitution, Articles 1,2,8,9,10 of Low of Torts, Article 9 of Civil Procedure Code approved 1911,Articles 212,207 & 208 of Penal Code, Article 58 of Islamic Penal Code,Article13 of Cheque Law approved 1976 & others. Based on Social Security Act, securing the citizens cure security is among main duties of government. _____________________________________________________________________ Around the Table The following questions were discussed in the around table, the commission majority or unanimity of votes are as follows: 365- Is there possibility of issuance of writ of detention and other writs of attachment by governmental punishments branches concerning Article 16 of Executive By-Law of Governmental Punishment Law approved in 2000 by council of ministers? Opinion of the members of the current commission in the session dated Aug. 31, 2006 and Oct. 2, 2006 Governmental Punishment Organization is competent for investigation as per the following laws and regulations: 1. Single Article of Amendment Law for Governmental Punishment Law approved on Mar. 14, 1989 by Expediency Council approved on Oct. 11, 1994 by Expediency Council 2. Note of Article 4 of Governmental Punishment Exercising Manner about Goods and Foreign Currency Smuggling approved on May 2, 1995 by Expediency Council 3. Article 4 of Instruction of Investigating Manner of Goods Smuggling Cases and Subject of Note 1 of Article 4 of Governmental Punishment Exercising Manner about Goods and Foreign Currency Smuggling approved on May 30, 1995 by the Judiciary with the next amendment, with respect to the following cases, 50% of the members declare positive opinion. (Pro): On the strength of the above legal articles and articles 7, 8 and 11 of Executive By-Law of Governmental Punishment Exercising Manner Law about Goods and Foreign Currency Smuggling approved on May 29, and June 19, 2000 by council of ministers, with next amendments, as in Articles 7 and 8 of Executive By-Law, Governmental Punishment Branches were named under title of courts, also by virtue of Article 11 of the said by-law, all the powers of the judicial authorities were given to the governmental punishment branches, therefore, mentioning the competent court in Article 16 of the by-law, include the governmental punishment branches, so issuance of detention writ and other writs of attachment will provide for the governmental punishment branches because as branches of this organization have power of investigation and rendering of judgment, they will have power of issuance of writ of attachment such as temporary detention writ due to fear of collusion and concealing the crime proofs. In the meantime, by virtue of verdict No. 439 dated Feb. 12, 2004 of General Board of Administrative Justice Court, Article 11 of the above by-law is not considered contrary to the law. 366- Is collection of likely damage subject of Article 319 of Procedure Code of Public and Revolutionary Courts in Civil Affairs about issuance of injunction of visiting or custody of child, necessary? Opinion of the members of the current commission in the session dated Aug. 31, 2006 Article 319 of Civil Procedure Code concerning issuance of injunction makes court liable to collect the likely damage and its issuance depends on guarantee entrusting by the plaintiff. Now, regarding injunction, subject of question (Article 20 of the Protection of Family Act) is observance of Article 319 of Civil Procedure Code regarding collection of likely damage necessary or not? (Majority): The Protection of Family Act is a special act and has a protection aspect and Article 20 of this act which still remains in force, does not express any obligation for collection of likely damage for the court because visiting child and his (her) custody are the parents right and obligation and investigation of these issues is not subject to the formalities of Civil Procedure and collection of likely damage provides for the financial affairs. According to the above cases, it can be said that Article 20 of the mentioned law is not subject to regulations of Article 319 of Civil Procedure Code but if any damage has been sustained from viewpoint of the court, the court, by its recognition, can take necessary guarantee for issuance of injunction, subject of question. 367-In Article 17 of Passport Law sets forth that according to rules of by-law, the government have authority to prevent of issuance of passport and exit of tax debtors & judgment debtors as well as prevent of exit of individuals those writ of execution issued by notaries public against them and also offenders of carrying out of exchange obligations Question: If the mentioned by-law not been approved, the purport of the above mentioned article will be executable? Opinion of the member of current commission in the session dated Aug 13,2006 If according to one law, the executing of one Article has been depended on the approving of by-law, the executing of above mentioned law or Article will be illegal. So if the executive by-law of Article 17 of Passport Law was not been approved as well as order and rule of it not been determined, the mentioned Article is still defective & can not be executable. 368-Is the Urban Land Commission authorized to determine & announce the lands which transferred to individuals and have precedent to governmental ownership, as Waste Lands? Opinion of the members of current commission in the session dated Nov 2,2006 Based on Principal 45 of Islamic Republic of Iran Constitution Spoils &Public wealth included of waste lands controls by Islamic Government to determine for those according to public interest. Also Based on Principal 47 of Constitution lawful private ownership is respected and rules of it will be determined by law. Concerning to above mentioned issues and Article 1 of Law for Cancellation of Urban Waste Lands Ownership & Reconstruction Manner of it approved on June 26,2006 and its amendment in description of Single Article that was approved before Urban Lands Law that was approved on 1981&1987, the condition of ownership of individuals those were the owners of waste lands in the legal limit of cities based on former regime regulations, is determined. Also based on Article 6 of Urban Land Law approved Sep 13,1981 all of urban waste lands which control by individuals and public or private bodies, principally should be controlled by Islamic Republic and their former documents are valueless. Departments of Registration of Deeds and Real Estates bound to according to request of Ministry of Housing transfer their document to government unless the mentioned documents had been transferred to government from the date of Feb 11,1989. Also the lands which transferred to individuals those are subject to Article 7 of Urban Land Law for the improvement, if they dont improve the mentioned lands within the time that determined by executive by-laws, those lands will be returned to government. _____________________________________________________________________ Writing Criticism of One Verdict Mohammadreza Khosravi I had heard that since first of year 2005 a plan has been suggested that with the help of it the Judges compete more together for issuance the firm & forcible verdicts as well as know the weak & strong points of verdicts, then by one way commend the issuer of elected verdicts. This plan has named the festival of verdicts. Since the main objects of this plan is applicable to our objects that we follow in the name of writing criticism of one verdict, so I decide to inform you of the conclusion of my studies in this field: 1-It is very commendable to take a decision for holding a festival to honor the issuer of elected verdicts. 2-Many of the 300 verdicts that were recommended as elected & admirable verdicts (from Mazandaran & Esfehan provinces) werent so notable . 3-Evidently use of ponderous structures that arent so necessary, have caused verdicts to be elected. However we should note that if a judge in issuance of one verdict instead of idiomatic phrase use of an unidiomatic phrase, not only he will not be commended, but also he should be punished. 4-At last, I ask you that is it deserve to celebrate for issuance of this kind of incorrect & messy verdicts? _____________________________________________________________________ Article Legal Position of Nuclear Energy of the Islamic Republic of Iran in Review of Resolution 1696 of Security Council of the U.N. Organization By Reza Hamidzadeh Judge of Justice Administration of Tehran holder of Masters Degree in International Law With respect to the resolution dated Aug. 11, 2005 of the Agency Governors Council and Nuclear Weapons Expansion Prohibition Treaty and its attached Protocol, it shall be admitted that the Iran nuclear activities is according to the international regulations, and uranium enriching optional suspension recognized legal by Iran with non-binding explicitness, indicates that never Iran deviates to manufacturing nuclear weapons and taking action in the military phase during its nuclear activities. So Security Council, the Agency and the European countries cannot cause difficulty for Iran and its nuclear activities as per legal regulations, therefore, Iran should not give the work process of its nuclear activities to the other countries or contrary to the N.P.T. treaty, yield to the unlawful and illegal requests of the western governments. _____________________________________________________________________ Belgium
In this part, the following subjects are set forth: - Supreme Court - Public Prosecutors
Offices - Types of Courts _____________________________________________________________________ The World Legal News - DOJ (US Department of
Justice) trying to block legal access to detainee who could disclose
CIA techniques. _____________________________________________________________________ Article
Judicial Independence in the International Texts of Human Rights One of the important achievements of the 7th congress of the U.N. Organization concerning prevention of crime and manner of treatment with the offender which held in Milan, Italy from Aug. 26 to Sept. 6, 1985, was adopting fundamental principles about independence of judicial system. In the said resolution, the participants recommended the international, regional and national measures and requested from committee for prevention and control of crimes to study the effective execution of the mentioned recommendations as a priority. _____________________________________________________________________ Article
Dr.Najafi Irandabadi When the owners of trade centers, hospitals, residential buildings, selling places, etc inform of police limited efficiency take refuge in private security. However the private security is not introduced thoroughly. At first we should review the nature, importance & efficiencies of this issue and then set about to the development of it. _____________________________________________________________________ Article Overview of Saddam
Hossein Trial and its Aspects |