The Constitution of the Islamic Republic of Iran
Approved in 1980 - Revised in 1989
Notes to the text of the Constitution of the Islamic Republic of Iran
1. The Persian calendar begins the 21 March of each year to end the 20 following March. The corresponding dates on the western and lunar Islamic calendars are specified here.
2. That is the sacred text of Islam, the Koran.
3. The term Resurrection is not to be understood in the strictly Christian sense, but in the Islamic sense, and affects all men indiscriminately: according to this concept, which constitutes one of the fundamental principles of Islam, on the Day of Judgment every individual, reborn to eternal life after his earthly death (that is, passed from one state of existence to another) he will be judged by God and rewarded or punished according to his behavior during his stay on Earth.
4. The role of the Imam, or "guide", is a hallmark of Shiite Islam compared to Sunni Islam. The Imam exercises the function of religious guidance according to the triple optic of Islamic government, of Islamic prescriptions and of the direction of spiritual life; his figure responds to the need to assure the community of believers of a "government" of guarantee and direction according to religious orientations.
The Shiites distinguish themselves from the Sunnnites because they believe that the choice of the lmam can not be of an elective nature (that is to come from below), but proceeds directly from Allah and his Prophet: consequently, on the basis of various passages of the Qur'an and Hadith ("Tradition") they believe that the leading role, at the death of the Prophet Mohammad (peace be upon him), belonged right to Ali's son-in-law, as explicitly considered by the Prophet as the most worthy and closest to himself same.
Later the duty to preserve the divine message was transmitted to other eleven Imams, all descendants of the Family of the Prophet: personalities of great historical and especially spiritual importance condemned to martyrdom by order of the caliphs of their time, except the twelfth, which by divine will he entered "in occultation" in the 329 (939 AD), and of which he still awaits the return as a savior of humanity.
5. The bills, decrees and bills approved by the Islamic Assembly do not automatically become law. The Constitution provides for the existence of a "committee of wise men" known as the Council of Guardians of the Constitution (Shora-ye Negahban-e Qanun-e Assassi, outlined in the 91-99 Articles).
This Council is in fact a sort of Parliament of a higher rank endowed with the power to reject the resolutions approved by the "Lower House", ie the Parliament proper. It has the task of examining the laws passed by the Representatives, comparing them with Islamic canonical norms and with the Constitution, and then ratifying them or sending them back to the Islamic Assembly to be amended. The Guardian Council consists of 12 members (who remain in office for six years): six Islamic jurists and six civil lawyers. The first group is nominated by the Guide or by the Executive Council (see Article 110), while the second group is elected by the Islamic Assembly by selecting a list of candidates nominated by the Supreme Judicial Council (see Articles 157 and ff.). With regard to the compatibility of laws with Islamic norms, the opinion of the majority of the six Islamic jurists is valid, while the majority of all members of the Council are required with regard to the constitutionality of laws. The Guardian Council also has the task of interpreting the provisions of the Constitution, in which a majority of three quarters of its members are required. It also supervises presidential elections, general elections and referendums.
6. The doctrine of wilayat al-faqih constitutes the central axis of contemporary Shiite political thought. It adopts a political conception based on the authority of the jurisprudent, that is to say on the authority of a right and competent jurist (Wali Faqih), who assumes the leadership of the government during the absence of an infallible Imam.
7. The Majlis-e Shora-ye Islami, called for brevity Majlis, is the Islamic Assembly (Articles 62-90 of the Constitution).
8. See, Note 4.
9. These are juridical schools all internal to Islamic orthodoxy; the first four are Sunnite, the fifth is Shiite. The Hanafita School was founded in the mid-8th century by Abu Hanifah, of Persian origins, in Kufa in today's Iraq; today it has numerous followers especially in Central Asia, Afghanistan, India and Pakistan. The Malekita School dates back to Malik ben Anas, author of the oldest collection of Hadith, and is now widespread especially in North Africa (excluding Egypt) and Eastern. On the other hand, the followers of Ash-Shafi'i live in Bahrain, in southern Arabia, in Indonesia and in Egypt, a well-known codex of Islamic canon law (Shafi'ita School, founded in the ninth century). lbn Hanbal, who died in the 855, was the founder of the Hanbalita School, now widespread especially in Saudi Arabia. The Zaydites are followers of the martyr Zayd (son of the fourth lmam of Shiism) killed in the 737 by the caliph Ummayade Hisham Abdu'l Malik against whose tyranny had rebelled; they welcome Ali as the first Imam, and in the legal field they abide by the Abu Hanifah code.
10 The Farsi, or neopersian, belongs to the Indo-European linguistic family, branch "shatam", an indoiranic group (the "shatam" branch, which includes the indoiranic, the Slavic, the Armenian and the Latvian-Lithuanian, is so called by the Sanskrit word shatam, which means "one hundred", because it responds with the sound "sh" to the sound "k" of other Indo-European languages, such as Greek, Latin, Germanic, Celtic and Tocarius: for example the Latin word "octo" , that is "eight", corresponds to the Persian "hasht").
The Farsi was formed as an autonomous language about a thousand years ago, and despite the evolution over the centuries the language in use today is "substantially the same as that of the great masterpieces of the golden age" (see Giovanni M.D 'Erme, Grammar of the Neo-Persian, Naples 1979). Middle-Persian, or parsik, language of the Sassanid age (III-VII century AD), constitutes the "bridge" between the ancient Persian used in the cuneiform inscriptions of the Achaemenid era (Vl-IV century BC, in their turn preceded from the proto-indoiranic) and the neo-Persian.
For writing, Farsi uses the Arabic alphabet, which flows from right to left, with the addition of four letters, but its grammatical and syntactic construction is of the Indo-European type. Farsi has received massive lexical borrowings primarily from Arabic, but also from French, German and English - especially in this century, and especially for the names of "modern" objects or concepts transmitted from the West to Persian culture . However, in the second decade of the Revolution, a work of progressive replacement of Arabic and European terms with terms taken from the Farsi codified by the great classical authors began in the country, directly or with the juxtaposition of pairs of nouns, adjectives or adverbs Farsi so to be able to name even what in past centuries did not exist (for example the noun "automobile", first translated in Iran with "otomobil" or "mashin", is now translated with "khodro", a term formed by the reflexive pronoun "khod" (" himself ") and from the root" ro "which indicates movement). Juxtaposition is one of the three classic methods by which Farsi creates words, and its extreme flexibility allows it to often overcome the boundaries of the classic "vocabulary", as is typical of contemporary Persian writers. The new terms have mostly spread thanks to their spontaneous adoption by writers, journalists and intellectuals in general, and also through a special weekly television program, during which the population is invited to propose the innovations that it considers most effective. .
11 The Islamic chronology starts from the Egira (to be pronounced with the accent on the E), that is from the Prophet's journey on Thursday 26 September (month of Safar in the lunar calendar) of 622 AD, thirteen years after the beginning of his preaching.
In fact, the reaction of the Arabs of the time, especially those who lived in the city of Mekkah, had been hostile to the Mohammadan announcement, partly because the faith that was disclosed to them questioned various economic-political interests of the local tribes; and a series of very bloody persecutions had hit Mohammad's followers. Nevertheless, the Islamic message was spreading; as a result the notable Meccans decided to kill Mohammad. But the forty hired assassins charged with assaulting his house did not find it: during the night, the Prophet had left obeying a divine premonition. As a destination, Mohammad chose the city of Yathrib, whose notables some time before, during a meeting, had expressed his readiness to accept his guide in case he had gone with them. From that moment Yathrib was governed according to Islamic Law and changed its name: it was called Medina, that is "city" par excellence, from the Arab Madinat ar-Rasul, "City of the Prophet".
The term "égira" is commonly translated as "escape"; in fact it would be more correct from the linguistic point of view to use the term "emigration", bearing in mind that from the Arabic word hijra different concepts are expressed: "expulsion", "emigration" but also "rescission of tribal bonds", an idea that explains the enlarged dimension that Mohammad's preaching and leadership had assumed.
12 See Note 1.
13 "God is great".
14 Testamentary legacy in charity of a good of which a special public office manages the fruits in favor of charitable foundations.
15 See Note 6.
16 The relative norms are specified in the Undecimate Part of the Constitution, Art. 156 and sgg.
17 Legislative power in the Islamic Republic is the prerogative not only of the Islamic Assembly, but also of the Guardian Council, which is mentioned in Articles 91 et seq. According to the Constitution, every law must first be approved by the Islamic Assembly and then ratified by the Guardian Council, finally countersigned by the President of the Republic, in order to enter into force. In 1988, however, two other legislative bodies were established by Ayatollah Khomeini: the Council for the Discernment of the Higher Interest of the State (see below, Note 28) and the Council for the Determination of the Policies of Reconstruction (see below, Note 29). In addition, the Supreme Cultural Council of the Revolution holds legislative power on matters relating to education.
As stated in Art. 71 and ff., The Islamic Assembly enjoys the following powers: to discuss the motions proposed by the government and the bills proposed by at least 15 Representatives; discuss and promote inquiries on all national affairs; approve international treaties, protocols, agreements and contracts; decide changes of not significant importance at the borders of the national territory; to approve the government's request for the proclamation of martial law for a duration not exceeding thirty days; propose motions of no confidence towards the President of the Republic or one of the ministers; grant the vote of confidence, or deny it, to the government as a whole or to one of the ministers.
18 The first Islamic Assembly after the Revolution settled in 1980; therefore the legislature was renewed in the 1984, and after every four-year expiry.
19 Kind of Executive Committee.
20 The Islamic Assembly has established a set of internal regulations that establishes procedures for directing sessions, organizing debates and voting on bills and motions, etc., and determines the tasks of its commissions. According to current regulations, the Islamic Assembly is chaired by a Steering Committee composed of a President (homologous to the President of the Chamber in Italy), two vice-presidents who lead the sessions in the absence of the President, and a certain number of Secretaries and Administrators In the Islamic Assembly there are numerous permanent Commissions that have the task of carrying out the initial stages of the discussion on the bills and the motions. In addition, specific committees may be established if necessary. The amendments passed in the 1989 to the internal regulations of the Assembly have foreseen for the Commissions a variable number of members between the 9 and 15, with the exception of the Commission related to the 90 Article of the Constitution, which may consist of 15 / 31 members.
The permanent commissions are as follows:
- Education
- Culture and Higher Education
- Islamic Guide, Arts and Social Communication
- Economics and Finance
- Programming and Budget
- Petroleum
- Industry and Mines
- Labor and Social Affairs, Administrative Affairs and Employment
- Accommodation, Urban Development, Roads and Transportation
- Judicial and Legal Affairs
- Defense and Corps of the Revolutionary Guards Islamic
- Foreign policy
- Internal Affairs and Councils (of the Councils we speak in Part VII of the Constitution)
- Health, Social Security and Assistance, Social Security and Red Crescent
- Post, Telegraph, Telephones and Energy
- Trade and Distribution
- Agriculture and Rural Development
- Organizations and bodies affiliated to the Office of the President of the Republic
- Court of Auditors and Budget and Finance of the Assembly
- Institutes of the Revolution
- Appeals Commission Article 90 of the Constitution (which has the task of conducting inquiries on complaints of citizens against government organizations)
- Commission for the Review of the Questions (which has the task of examining the questions presented by the Representatives of the Islamic Assembly to the ministers and the answers of the latter) The Commission assesses whether the answers have been satisfactory, otherwise the Assembly Representatives Islamic have the right to propose a motion of no confidence in the contrasts of the minister whose answer has obtained negative evaluation).
During the Legislature started in 1996 a Commission for the Women's Issue was also created, which is proceeding to a revision in an improving sense of all the legislation concerning women.
21 The resolutions of the Assembly are published in full by the Official Journal.
22 In the ordinary sessions of the Islamic Assembly the legal number is reached with the presence of two thirds of the Representatives, and resolutions are normally approved by simple majority, except for special cases provided for each time by specific rules.
23 See Notes 5 and 16. The rules in this regard are outlined in the Art. 91-99.
24 A draft or bill can be challenged in the Islamic Assembly in two ways: the Government can submit a bill of its own initiative to the Islamic Assembly after its approval by the Council of Ministers; or, the Assembly Organizing Committee may organize the procedures for discussing a proposed law signed by at least fifteen Representatives. Proposals that are not urgent are normally considered in order of presentation. The discussion procedure begins with the first reading of the proposed text after it has been examined by the competent Commission and a copy has been distributed to each of the Assembly Representatives.
If the general framework of the proposal is approved at first reading, it is again forwarded to the appropriate Commission (or Commission) for a review of the details. At this stage, the Assembly Representatives can propose amendments. The details of the bill and the related amendments are then discussed, and approved or rejected. The competent Commission has the right to request external experts from the Assembly to take part in its meetings and in the discussion. So the text passes to the Assembly for the second reading, which concerns its details. At this stage, the Assembly Representatives whose amendments have been rejected in the Commission can re-propose them and request their ratification in the Assembly. The text, when definitively ratified at second reading, can be forwarded to the Council of Guardians.
Draft drawings or bills of simple urgency ("one star") are discussed by the competent Commission only once. The drafts or bills of a second grade ("two-star") nature are not examined by the Commissions and are discussed in two consecutive sessions of the Assembly. Drawings or bills of maximum urgency ("three-star") are immediately included in the agenda. The degree of urgency of each text must be approved by the majority of the Assembly Representatives. There are categories of legal texts that can not be urgently challenged, for example the budget.
25 The text of this Article does not, of course, concern the establishment in Iran of foreign companies and companies other than "publicly owned" or widespread.
26 During the first twenty years since the Revolution, partisan groups have not been set up within the Islamic Assembly. This can be explained both as a consequence of the historical events of Iran over the centuries, which have never favored the establishment of political parties, and as an indirect result of constitutional norms (see Article 85), which underline the character absolutely personnel of the responsibility and prerogatives of the office of Representative, do not allow the enjoyment of any privilege to the Representatives of the Islamic Assembly who belong to parties than the independents, and establish that the elections take place on the basis of electoral colleges and not on the basis of a proportional representation.
Nevertheless, since the end of the 1980s, groups of an unofficial nature have been created in the Islamic Assembly, which delineated their positions with greater clarity only by siding at the time of discussing or voting; but their improper character did not prevent some Assembly Representatives from moving from one side to another according to the opportunity, and therefore made it difficult, if not impossible, to calculate their respective forces. Only towards the end of the Nineties did real political parties begin to be formed in the country, with official names and status and specific programmatic platforms.
27 See Art. 156 and sgg.
28 This replacement mechanism was actually implemented only during the first six-year period following the establishment of the first "Guardian Council". The Revolution Guide, however, enjoys the prerogative of renewing the mandate to members of the Islamic Jurists (fuqaha) group, to one or more of them, after their mandate has come to an end.
29 The veto power of the Council of Guardians was significantly explicable during the first two legislatures, especially with regard to laws concerning the distribution of arable land, the rationing of certain kinds of consumption, and trade with foreign countries.
30 In the 1987, Imam Khomeini has also appointed the Council of Discernment of the Higher Interest of the State (Majles-s Tashkhis-e Masslehat-e Nezam), a body whose task is to settle any legal disputes between the Assembly Islamic and the Council of Guardians. In the 1988 the Imam deprived the government of the power which he himself had guaranteed to control the excesses in fixing market prices and assigned it to the new Council. The Council for the Discernment of the Higher Interest of the State therefore began to adopt numerous measures: for example, it partially abolished certain restrictions imposed by the Government on imports of goods carried out by private individuals; elaborated laws against drug trafficking, corruption and embezzlement, the introduction of false foreign currency, for the control of inflation, etc. However, in December 1988 the Imam again withdrew the prerogative of passing legislative measures to the Council, and instructed it to provide exclusively for the mediation between the Guardian Council and the Islamic Assembly.
Members of the Superior Council of Discernment of the Higher Interest of the State are appointed by the Supreme Leader of the Revolution (see Article 107 and ff.). During the nineties, the responsibilities and powers of this Council were further strengthened, since the Supreme Guide, Ayatollah Khamenei, appointed several additional members choosing them from all the areas of opinion present in the country, considering it in practice also as a sort of own advisory assembly in which the points of view and the interests of all sectors are represented. In this capacity, therefore, the Council now oversees the executive policy line.
31 In a speech delivered on 30 on August 1988, Imam Khomeini succinctly expressed his thoughts on the need for a Council to design the basic policies for reconstruction, following the devastation caused by the Iraqi invasion and the consequent war of defense: of this council, he said, the highest leaders of the three powers of the state and the prime minister should have been part of it. In a subsequent speech, the Imam Khomeini included in the institution Council also the holder of the Dicastery from time to time interested in the sectors examined for the reconstruction work. The new body was therefore called the Council for the Determination of Reconstruction Policies.
Today it is in practice one of the highest instances that determine the economic development of the country. This Council uses an advisory commission, organized in seven sub-committees, each of which deals respectively with agriculture, industry and mining, trade, monetary and financial issues, infrastructure services, social services , urban and residential development.
32 The exact term is faqih, that is "expert of fiqh" (where fiqh is "jurisprudence", the "right", to be understood in the sense of "science of religious law", that is "definition of the rules of the Law" with regard to the different behaviors in social life).
33 The idea of a Council of Experts (Majlis-e Khobregan) arose as a result of the discussions and debates, started in the immediately post-revolutionary period, with regard to the need to establish a Constituent Assembly for the drafting of a Constitution Text. When the majority of the electorate voted for the establishment of an Islamic Republic and the abolition of the monarchy in the double question referendum of April 1979, it was decided to submit the draft Constitution to a council to discuss it and later make it referendum matter. The First Council of Experts was convened so that after having discussed the draft Constitution presented by the Provisional Government and extensively amended it, it submitted the final text to a popular referendum on December 2 1979. After which the Assembly was dissolved.
The second ballot for the Second Council of Experts, in accordance with art. 108 of the Constitution, was held in December 1982, for the election of 83 members, of which 76 were elected in the first session, and 7 in the second session. In April 1988 there were partial elections for the replacement of deceased Council members. The elections for the Third Council of Experts (by universal suffrage) were called for the 23 October 1999. The elections of the Fourth Council of Experts were called the 15 December 2006.
34 Members of the Council of Experts have no limitation on the right to perform other functions simultaneously, for example as representatives of the Islamic Assembly or ministers. As a result, many politicians and senior officials are also members of the Assembly of Experts.
The Council of Experts is obliged to meet at least once a year. The Secretariat of the Council of Experts is based in Qom. The Council of Experts Office consists of five members.
35 They are directly in charge of the Revolution Guide:
the Relief Committee of Imam Khomeini (Komiteh Emdad-e Emam Khomeini);
the 15 Khordad Foundation (Bonyad-e Panzdah Khordad);
the Foundation of the Oppressed (Bonyad-e Mostaz'afan);
the Martyrs Foundation (Bonyad-e Shahid);
the Housing Foundation (Bonyad-e Maskan);
the Supreme Council of the Cultural Revolution (Shoray-e Aali Enqelab-e Farhangi);
the Organization for Islamic Propaganda (Sazeman-e Tabliqat-e Eslami);
the Land Distribution Committees (Hay'atha-ye Vagozari Zamin).
36 The President's Office (Nahad-e Riassat-e Jomhouri) consists of the President's Secretariat, Vice Presidents and Councilors. After the Revolution, a special department (still in operation) was created at the Presidency to which all the archives and documents of the Organization for National Intelligence and Security (savak), the political police of the monarchical regime, were entrusted. has been dismantled.
The Organization for Budget and Economic Planning (Sazeman-e Barnameh va Budjeh) is also administered by the Presidency.
the Iranian Statistical Center;
the National Cartographic Center;
the IT Center;
the Iranian Data Processing Company (formerly IBM);
the Remote Assessment Center (applied satellite research).
They also report to the Presidency:
the Organization for Civil Employees and Administrative Affairs (Sazeman-e Omoor-e Estekhdami goes Edari-e Keshvar), which coordinates government bodies, issues the rules for hiring civilian employees, and prepares the organizational statutes for New training organizations;
the State Management Training Center of Iran (Sazeman-e Amoozesh Modiriat Sanati Iran);
the Organization of the National Archives of Iran (Sazeman-e Assnad-e Melli Iran) which holds all government documents;
the Civil Retirement Organization (Sazeman-e Bazneshastegi-e Keshvari);
the Organization for Physical Education (Sazeman-e Tarbiat Badani);
the Organization for the Protection of the Environment (Sazeman-e Hefz-e Mohit-e Zist);
the Atomic Energy Agency (Sazeman-e Enerjy Atomi).
37 The Government of the Islamic Republic of Iran consists essentially of 22 Ministries:
Ministry of Foreign Affairs (Vezarat-e Omoor Kharejeh). They make you head:
- Higher School of International Relations (founded in 1983, prepares diplomatic staff)
- Institute for Political and International Studies (IPIS).
Ministry of Internal Affairs (Vezarat-e Keshvar). They make you head:
- State registration body
- Gendarmerie
- Police
- Committees of the Islamic Revolution.
Ministry of Justice (Vezarat-e Dadgostari). They make you head:
- State Notarial Department for Writings and Property
Real Estate
- Official Gazette
- Department of Forensic Medicine
- Institute of Expert Administration of Justice.
Ministry of Defense (Vezarat-e Defa). They make you head:
- Compagnia Industrie ETKA, for the supply of personnel
Army
- Fakhr-e Iran Weaving and Knitting Company
- Bread Production Company
- Defense Industrial Organization, which produces armaments
- Electronic Industries Company
- Iranian Air Industries Company
- Iranian Company Maintenance and Modernization
Helicopters
- Energy Accumulator Production Company.
Ministry of Economy and Finance (Vezarat Omoor Eqtesadi va Daraie). They make you head:
- Iran Customs Administration
- Iranian Institute for Economic and Technological Investments and Subsidies
- Financial Organization Ownership Expansion of Production Units
- Electronic Calculator Services Body
- Verification Body
- Central Insurance Agency of Iran
- Iranian National Company of Public Deposits and Customs
- Banking Institutions: Central Bank of Iran, Ostan Banks, Tejarat Bank, Sepah Bank, Saderat Bank, Industrie and Mines Bank, Agriculture Bank, Melli Bank, Lodging Bank, Mellat Bank.
Ministry of Industry (Vezarat-e Sanaye). The Ministry exercises its control prerogatives on the industries through some structures; the main ones are:
- Industrial Development and Renewal Body (IDRO)
- National Institute of Iranian Industries (NIIO)
- Iranian Standard Institute and Industrial Research
- Iranian Tobacco Monopoly.
Ministry of Mining and Metals (Vezarat-e Ma'adan va Felezzat). They make you head:
- National Geological Body
- Iranian National Company of Mines and Foundries
- Iranian National Steel Company
- Iranian National Mining Company
- Iranian National Copper Industries Company
- Iranian National Lead and Zinc Company.
Ministry of Oil (Vezarat-e Naft). They make you head:
- Iranian National Oil Company (NIOC)
- Iranian National Gas Company (NIGC)
- Iranian National Petrochemical Company (NIPC)
- Iranian Offshore Petrol Company (IOOC)
- Iranian National Drilling Company (NIDC)
- Iranian National Oil Company (NITC)
- Kala Company Ltd.
- Ahwaz Pipeline Factory.
Ministry of Agricultural and Rural Development (Vezarat-e Keshavarzi va Tosa'e Rustaie). This ministry is home to numerous research and other centers. Among the main ones:
- National Agency for Forests and Pastures
- Authority for the Protection of Flora
- Research, Improvement and Procurement Institute
Seeds and Virgults
- Research Institute of Parasites and Plant Pathologies
- Soil and Water Research Institute
- Iranian Dairy Industries Company
- Haft Tappeh Sugar Cane Agro-Industrial Company
- National Meat Company
- Research and Promotion Company of Bachi Breeding from
Silk.
Ministry for the Effort of Reconstruction (Vezarat-e Jahad-e Sazandegi). The eponymous post-revolutionary institution created to coordinate reconstruction initiatives in rural areas has been transformed into a Ministry in 1983. Its task is to promote rural development, solve the problems of nomadic tribes, provide assistance and aid to livestock breeders, promote rural industries, etc. This Ministry is headed by the Fishing Company (Shilat).
Ministry of Commerce (Vezarat-e Bazargani). They make you head:
- Central Agency for Cooperation
- Export Promotion Center
- Tea Organization
- Cereals Authority
- Sugar Authority
- Consumer and Producer Protection Body
- Trade Services Promotion Body
- Iranian State Trade Company
- Warehouse and Warehouse Construction Company
- Iranian Insurance Company
- Merchant Navy of the Islamic Republic of Iran.
Ministry of Culture and Higher Education (Vezarat-e Farhang va Amoozesh Aali). They make you head:
- Cultural Heritage of Iran
- Center for Scientific and Cultural Publications
- Scientific and Industrial Research Center
- Institute of Cultural Studies and Research
- Research Center for Applications and Properties of Materials and Energy.
Ministry of Culture and Islamic Guide (Vezarat-e Farhang va Ershad-e Islami). They make you head:
- Organization for the Pilgrimage to Mecca, Donations and Works
of Charity
- National news agency IRNA (Islamic Republic News
Agency)
- Tourism Centers Authority.
Ministry of Education and Instruction (Vezarat-e Amoozesh va Parvaresh). They make you head:
- Association for the Intellectual Development of Children and Youth
- Guardians and Instructors Society
- Organization for Programming and Educational Research
- National Organization for the Modernization and Equipment of Schools.
- Literacy Movement (Nehzat-e Savad-Amoozi).
Ministry of Energy (Vezarat-e Niroo). They make you head:
- Water Resources Research Institute
- Hydraulic Engineering Services Company (Mohab)
- Dams Construction and Irrigation Systems Company (Sabir)
- Energy Sources Engineering Services Company (Mashanir)
- National Energy Production and Distribution Company
(Tavanir)
- Iranian Company Equipment, Production ed
Electricity supply (Satkab)
- Regional Water Council
- Regional Electricity Council.
Ministry of Health (Vezarat-e Behdasht, Darman va Amoozesh Pezeshki). They make you head:
- Pasteur Institute
- Institute of Nutrition Sciences and Food Industry
- Blood Transfusion Agency
- Body Fighting Leprosy
- Social Security Agency
- National Pharmaceutical Company
- Social Protection Body
- Workers' Pension Bank
- Red Crescent
- the Health Presidia of all cities.
Ministry for Housing and Urban Development (Vezarat-e Maskan va Shahr Sazi). They make you head:
- Housing Authority
- Urban Territories Authority
- Iranian Housing Construction Industries Company
- Accommodation and Buildings Research Center.
Ministry of Information (Vezarat-e Ettela'at). This Ministry was created in 1983 with the task of protecting national security, operating in counter-intelligence and dealing with the outlawed political groups. There is no affiliate structure.
Ministry of Labor and Social Affairs (Vezarat-e Kar va Omoor Ej-theme'i). They make you head:
- Professional and Technical Education Body
- Institute for Labor and Social Protection
- War Tax Refugee Foundation (with this name it comes
defined the war of defense by the Iraqi assault during
the Eighties).
Ministry of Posts, Telegraphs and Telephones (Vezarat-e Post, Telegraph va Telephone). They make you head:
- Iranian Telecommunications Company
- Post Company
- Telephone Company.
Ministry of Roads and Transportation (Vezarat-e Raah va Tarabari). They make you head:
- Railways of the Islamic Republic of Iran
- Ports and Merchant Marine Authority
- Civil Aviation Authority
- Airlines of the Islamic Republic of Iran (Iran Air)
- National Aviation Services Company (Asseman)
- National Meteorological Body
- Road Safety Equipment Production Company
- Road Construction Company, Machinery Maintenance e
Equipment Supplies
- Iranian Road Development Authority
- Soil Technical and Mechanics Laboratory
- Iranian-Russian Transport Company.
Ministry of Cooperatives (Vezarat-e Ta'avon).
The Ministry of Budget and Economic Planning had been created in the 1985 (until then its functions had been exercised by the organization of the same name, directly controlled by the Prime Minister, who at that time was not subject to the interpellations of the Assembly Islamic); it was then abolished again as a specific Ministry, and its responsibilities and prerogatives, as well as those for Administrative Affairs and State Employees, were transferred to the President.
The Ministry of the Guards of the Islamic Revolution (Vezarat-e Sepah Pasdaran-e Enqelab-e Islami), initially planned, was then suppressed; today this Corps is headed by the Ministry of Defense.
38 As a result of the amendments passed in the 1989, the President-Premier, having received direct legitimacy from the people at the time of the presidential election, is no longer subject to the vote of confidence or initial mistrust by the Islamic Assembly. However, the Islamic Assembly still retains the right to question the President and possibly make him the subject of a vote of no confidence once he has assumed the functions of Prime Minister. In this capacity, the President is obliged to respond before the Islamic Assembly to the interpellations signed by at least a quarter of the Representatives; each Representative may forward to the individual minister interpellations relating to matters falling within the scope of his responsibilities; the motions of no confidence in individual ministers must be signed by at least ten representatives. The Minister who receives the vote of no confidence is dismissed and can not be part of the government that is formed immediately after the one in office. For a motion of no confidence in the President-Premier, the signature of at least one third of the Representatives is required. To remove him, the vote of no confidence of at least two thirds of the Islamic Assembly is required.
39 The judicial system has undergone profound changes after the affirmation of the Revolution, also because the Koran and the Hadith, the Tradition related to the acts of the Prophet Mohammad and the Imam Shiites, contain a very considerable amount of instructions regarding the procedures for ascertainment and proof of the crimes , process instruction and the elaboration of sentences, as well as the graduation of convictions and sentences. As a result, the administration of justice was able to start functioning according to Islamic inspiration immediately after the Revolution, and within a fairly short time a new civil code, a new penal code and new procedural codes were drafted.
With regard to the Constitutional Text, the judicial system has been rendered totally independent of the other two powers of the State: the Ministry of Justice is entrusted only with the administrative organization and budget, the care of relations between the Judiciary on the one hand and the Legislative and the Executive, on the other hand, of the task of responding to the interventions of representatives of the Representatives in the Islamic Assembly, and of presenting bills of law with judicial content, on a case by case basis, as representative of the Government or the Judiciary System.
40 There are currently two categories of courts: public courts and special courts.
The Public Courts include the Civil and Criminal First Instance Courts, the Civil and Penal High Courts, the Civil and Independent Civil Tribunals (see below, Note 41). The Special Tribunals include the Tribunals of the Islamic Revolution (see below, Note 39) and the Special Tribunal for the Religious Wise (Dadgah-e vije-ye rohaniyyat).
In the early months of the 1987, in fact, Imam Khomeini decreed the establishment of a special court in charge of investigating and judging the crimes committed by religious scholars; he then appointed the President Judge and the Procurator of this Special Tribunal for the Religious Wise and ordered them to investigate and issue rulings based on theological rules and regulations. Both offices would have replied to him only as Supreme Leader. Since then this Court has continued to function, remaining in practice outside the judicial system properly so-called.
41 At the Supreme Council of Justice they are headed:
1) the Judicial Administration (Dadgostari) and its structures - in this context the Judicial Police (Police Qazaie) works;
2) the General Inspectorate of the State (Sazeman-e Bazressi Kol, see Article 174);
3) the Administrative Court (see Article 173).
In addition, the 1 / 5 / 1983 Legal Act also subjects the judicial structures called Tribunals of the Islamic Revolution and the Procurators of the Islamic Revolution to the Supreme Council of Justice, which is assigned the task of investigating:
a) on all crimes committed against Iran's internal and external security, on "against God" and "corruption on earth" crimes,
b) on attacks on the lives of politicians,
c) on drug dealing and smuggling,
d) on the cases of murder, massacre, kidnapping and torture committed in order to restore the pre-revolutionary monarchist regime and to repress the struggle of the Iranian people,
e) on cases of depredation of the national treasury,
f) on the hoarding of basic necessities and on their placing on the market at higher prices.
The same Juridical Act distinguishes three categories of Tribunals of the Islamic Revolution:
1) the Tribunals for Economic Offenses, with jurisdiction over cases (e) and (f);
2) the Courts for Political Affairs, for cases (a), (b) and (d);
3) the Anti-Narcotic Courts, for the case (c).
42 The Supreme Court (Divan-e Aali-e Keshvar), similar to the Italian Court of Cassation, is divided into sections, the number of which may vary according to needs. The Sections do not issue judgments of their own elaboration, but can confirm the sentences of the Criminal and Civil Superior Courts.
According to the 288 Article of the 28 Code of Criminal Procedure Amendment 1982 August XNUMX, the Supreme Court must express its opinion in writing about a sentence, if it considers it unfair, and forward it to the competent court. The latter, if he agrees with the opinion of the Supreme Court, issues a revision of the previous sentence conforming to it; if not, the case is submitted to the General Directorate of the Courts to consider the possibility of entrusting another court to the trial. If it agrees with the opinion of the Supreme Court, the second court issues a compliant sentence; otherwise, the case is again submitted to the Supreme Court to be reviewed by its General Council.
The decisions of the General Council of the Supreme Court are taken by an absolute majority of votes, and may give rise to one of the following three cases:
- if the General Council considers that the sentence of only one of the Higher Criminal Courts is correct and justified, the file is returned to that Court for an operative sentence to be issued,
- if the sentences of both Courts are considered correct and justified, the file is returned to the second in order to issue an operative sentence;
- in all other cases, the file is handed over to the General Directorate of the Courts for adjudication to one of the Sections of the Supreme Court. This Section carries out the necessary investigations and issues its sentence, which is of final and binding value.
According to the 1 Article of the Supreme Court Training Requirements Act, each Section of the Supreme Court consists of two qualified judges, one of whom is appointed Section President. Both judges must be experts in Islamic jurisprudence, or alternatively have participated in a special course of religious specialization (kharej) lasting ten years, or have completed ten years of experience in the Judicial Magistracy or in the Bar; in any case, they must possess a thorough knowledge of Islamic norms.
43 Each Civil High Court is composed of a President Judge, a Judge in the side and a Consultant; both the former and the latter, alternatively, may issue judgments, but before the sentence is issued, the Consultant must examine the case thoroughly and comment on it in writing. If however the sentencing Judge is a fully qualified Islamic Jurist (mujtahed), he is not forced to wait for the Consultant's comment. The Civil High Court judges in all legal matters and not related to disputes, except in cases of jurisdiction of the Civil Court of First Instance. His sentences are final and binding, except for cases in which:
a) the judge is convinced that the sentence issued is not based on the correct judicial criteria, or
b) another judge defines the sentence of the first inadequate or contrary to Islamic law or norms, or
c) show that the first judge did not possess the necessary qualifications to deal with the case.
An appeal can be brought against the sentence by the fifth day after its issuance, except in cases where the Judge Sentencing is a Mmujtahed. In cases of interlocutory appeal, or upon the occurrence of cases (a), (b) or (c), the case is referred to a Section of the Supreme Court, which ratifies or invalidates the sentence and returns the case to the Judge for the final sentence .
The Superior Criminal Tribunals, composed in a similar way, judge the crimes punishable by the death sentence, exile, imprisonment for ten years or more, to penalties equal to two million rials or more or equal to or higher than two fifths of the assets of the offender. All sentences handed down by the Superior Criminal Tribunals are examined by a Section of the Supreme Court, except in cases where the trial ends with the full acquittal of the accused, or lower sentences are imposed on those mentioned above.
Every First Degree Civil Court is composed of a President or Substitute Judge, with the optional addition of a Consultant; it can judge all the causes related to matters of inheritance, to claims that do not exceed the value of two million rials, to requests for recognition of rights of use, division and sale of joint properties, etc. The appeals against the judgments of the First Degree Civil Tribunals are examined by the Higher Civil Tribunals, whose subsequent sentences are final and binding.
The Criminal Tribunals of the First Degree are composed in the same way as the Civil Courts; their jurisdiction extends to all crimes of which the Superior Criminal Courts are not competent, to crimes connected with the management of the Municipality, to violations of the Highway Code, etc. For the appeal appeal, the same applies to the civil courts of the first degree.
In areas where there is only a Civil Court of First Instance, the Supreme Council of Justice confers to it the prerogative to judge financial causes up to the maximum value of 4 million rials, and causes related to the falsification of documents and personal certificates. Moreover, in particular situations, these Courts (so called Independent Civil Courts) are authorized to judge also in matters falling within the jurisdiction of the Criminal Court of First Instance. As regards the cases of jurisdiction of the Superior Criminal Courts, a Court
Independent Civilian acts as a referent magistrate and delivers the case to the judicial office responsible for the judgment.
A Special Civil Court is a Public Court with powers comparable to those of a Civil Court or First Degree Court. His jurisdiction extends to the judgment of disputes relating to marital problems, divorce, custody of children, inheritance, recognition of consanguinity, etc. The sentences of these Tribunals are final and binding.
44 Today in Iran, the Civil Courts still largely apply regulations that came into force already in pre-revolutionary times. Instead the Criminal Tribunals, the Special Civil Tribunals and the Tribunals of the Islamic Revolution base their respective sentences on the laws that came into force after the Revolution.
There are four categories of Islamic criminal laws, which the 13 October Penalty Act 1982 has defined as follows:
- Article 8: Hodood, or penalties whose purpose has been determined by the Shari'ah, or Islamic "religious law". Hodood's Law defines in detail crimes such as "war against God" and "corruption on Earth" (or the plot for the overthrow of the Islamic government) and moral crimes (adultery, consumption of alcoholic beverages, slander, etc.) , specifying the respective penalties according to the various degrees of punishment.
- Article 9: Qessass, or the punishment to which the offender is sentenced and which must be equal to the crime committed (in the West it is generally defined with the term "Law of retaliation", in a reductive and negative meaning). The Law of Qessass is made up of 80 Articles that define different types of sentences, which can be imposed according to whether the crime committed is homicide or permanent injury to the victim's body.
- Article 10: Diyat, or penalties in money. The diye, that is, the "blood price", is the monetary compensation paid by the guilty to the heirs of the victim, who is granted the right to choose this type of compensation as an alternative to imprisonment or execution of the guilty. The Law of Diyat determines the conditions for payment, as well as the different amount of compensation for cases of murder or serious injury to different parts of the human body.
- Article 11: Ta'azirat, or the penalties that the judge can impose although their purpose has not been determined by the Shari'ah: they include imprisonment, monetary sanctions and flogging, but must not be more severe than penalties included in the hodood category.
A separate mention is appropriate for the Law Against Narcotrafficking, passed in 1989, according to which the drug dealer found in possession of more than twenty grams of heroin or more than five kilos of opium is given the death penalty; in the following years, with the passing of some amendments, aimed at obviating the growing crowding of prisons and making it easier to identify and capture the big traffickers, the judicial authority was enabled to decide to inflict the guilty of crime minor - albeit linked to drug trafficking - sentences other than prison.
45 The Article concerns the management of the two radio and television media because they are public property (administered by an Executive Director under the supervision of a council composed of representatives of the three State Powers), as well as the National Press Agency Irna, who is directly head of the Ministry for Islamic Culture and Guide. As regards the printing of newspapers and magazines, completely open to public initiative even if many magazines are published by government bodies or by their affiliated organizations, the Ministry of Culture and Islamic guidance is entrusted with their supervision.