Saturday, 18 July 2015
30 March 2023
Kooche Mahtabi- Commission of article 90 of the Constitution,

«Those who were not people’s representatives»

2010 June 08

Ardavan Taheri/Radio Koocheh

a.taheri@koochehmail.com

Translated from Persian by Avideh Motamen-Far

avideh@avideh.net

Last year, 22 days after the electoral coup of 12 June 2009, as an Iranian citizen, I used my legal right to write a complaint to the Commission of article 90 regarding the Parliament of the Islamic Republic. I asked the so-called people’s representatives to put Mahmood Ahmadinejad under legal prosecution for violation of the Constitution of the Islamic Republic of Iran. Searching a lot on the internet, I did not find any Fax Number or email for the Commission of article 90. I decided to send an email to the Research Centre of the Parliament asking for contact information of the so-called commission! My request was never answered, not by anyone of those who call themselves “people’s representatives”.

I think of those days when most of us still believed in a legal fight to obtain what the people of Iran are looking for, and when I thought that reform was possible within the framework of the constitution of the Islamic Republic. Most of us still believe in a non-violent fight against a government that represses civil protests and political and social activists in the most violent ways. I remember the historical admonition of the late “Mehdi Bazargan” addressed to the head of the court in Pahlavi’s time: “We are the last generation of political activists to respect the Constitution! We expect the head of the court to tell this to his superiors!” [1]

This is the complaint I wrote at the time:

”In the name of God

Respected members of the Commission of Article 90 of the Constitution,

As you are aware, the Iranian nation and the Islamic Republic are the focus of people and governments throughout the world since the tenth presidential elections of the Islamic Republic of Iran.  Protests about various stages of the elections were such that the accuracy of the elections and the legitimacy of the President has generated many disputes and conflicts at the national and international level. But what I was worrying about as a citizen during the elections and even more when listening to the propaganda programs of respectable presidential candidates is the fact that Mahmoud Ahmadinejad violates the Constitution of the Islamic Republic of Iran! I am talking about the law stipulating that the President of the Islamic Republic of Iran has the ”responsibility for its execution and is responsible for Executive power except in the affairs where the direct leadership of the supreme leader is concerned” based on the principles outlined in article 113 of the Constitution.

We no longer expect anything else from this House of Commons, but obedience and humiliation in front of the Coup Government! But I warn all those who name themselves people’s representatives that our generation will be the last one to struggle with oppression and injustice peacefully.

Mr. “Mahmoud Ahmadinejad”, despite his legal status, used a verbiage unworthy of a President when, in the face of millions of viewers inside and outside the country, he insulted and proffered threats toward other candidates during the television debates preceding the elections. Not only is this below the dignity of any head of state, but it violates the principles of articles 57, 61, 156, 158 and 159 of the Constitution, and moreover seeks to invalidate the very essence of any republic, meaning the division of power between the executive and the judiciary.

These are my questions:

How is this possible? The President in accordance with the principles of article 121 of the Constitution vows before Almighty God, the Holy Qur’an and in front of the people of Iran to protect the official religion, the Islamic Republic and the Constitution and to use all his talent and competence to fulfill his responsibilities (to devote himself to serve the people and the promotion of  the country, to spread the religion and morality, support Justice, development, freedom and respect people’s legal rights and all aspects of the nation’s Constitution). How is it then possible that the same President, in front of millions of Iranians, insults and threatens people and does not respect the Islamic edicts, thereby committing an unforgivable sin and violating at least seven principles of the Constitution of the Islamic Republic of Iran? How, under these circumstances, is he still supported by the Islamic Parliament? Why do the nation’s elected representatives, who are supposed to supervise the rulers, prefer to remain silent?

In a land where the President violates the constitution with his speech and behaviour how can we expect the nation to be committed to the law?

If this anarchy continues, it can only be maintained by batons and bayonets, and even that will not last forever! I am afraid of the day that people’s patience will be transformed into anger aimed at the government!

As part of the substantial duties and responsibilities that befall the Commission of article 90 of the Constitution, we expect it  respectable elected representatives of the people, to act as supervisors of the Executive power  and to personally question the President,  and, in case of non respect of the Constitution and the President’s responsibilities, to inform people and prosecute the President and clear the nation from any kind of injustice and law breaking leaving behind a golden page in the history of secular democracy!

Respectfully,

Ardavan Taheri

Saturday, Forth of July two thousand nine”

Today, everything has changed! The curtain has fallen and the wicked oppression is disgraced!

We no longer expect anything else from this House of Commons, but obedience and humiliation in front of the Coup Government! But I warn all those who name themselves people’s representatives that our generation will be the last one to struggle with oppression and injustice peacefully!

Aref Ghazvini, Iran’s great song composer, once said:

“Lawyers are asleep and ministers are thieves,

Stolen is all the gold and silver of Iran!”

1 25 years of Iran’s history, From the Coup to the revolution, first volume of Mehdi Bazargan’s arguments (from Akbar Aalami’s website)


[1] 25 years of Iran’s history, From the Coup to the revolution, first volume of Mehdi Bazargan’s arguments (from Akbar Aalami’s website)

«نوشته فوق می تواند نظر نویسنده باشد و الزامن نظر رادیو کوچه نیست»

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