Abdorrahman Boroumand Center

Islamic Jurisprudence and Law/Social Law

Mohammad Javad Larijani

We do not accept that 'capital punishment is wrong'

We do not arrest anyone for being Baha'i

Islamic Students News Agency, Tehran: Speaking at a human rights experts' session, the secretary of the Judiciary's Human Rights Headquarters elaborated on the West's perspective on human rights and its use of such tools [human rights] as a means of confronting its opponents.

ISNA' s correspondent on legal affairs reported that Dr Mohammad Javad Larijani said: "The enemies have acknowledged that Iran is the most influential state in the region, which is why regional nations are constantly looking up to Iran. Iran's domestic achievements have made it a focus of global attention."

Highlighting the establishment of the Iranian Judiciary's Human Rights Headquarters and its performance, he said: "The supreme leader has said that the Human Rights Headquarters is the national point of reference for all bodies that seek to be active in this sphere.

Describing one of the fundamental features of the Islamic Revolution as a struggle based on Islam and the establishment of an Iran that is based on Islam, the secretary of the Judiciary's Human Rights Headquarters said: "Many models had been put forward on how to save the country. Some had put forward the Western model on the basis of which we would have to totally emulate the West. It was in such a climate that the late imam [Khomeyni] entered the scene and spoke about the struggle and establishment of an Iran based on Islam."

Larijani noted: "The West realized the threat posed to it by this idea. Hence, during the imposed war [Iran-Iraq war], many Western states provided a great deal of assistance to Iraq. It was Iran, however, that ultimately won. Iran's victory in the imposed war was a miracle. After the war, the expression of a period of reconstruction was mooted, which was justifiably a good expression. But it was noted that the reconstruction of Iran could be made possible with technology and investment. They, therefore, believed that Iran must be made to look attractive to them in order to bring in investment. "

Stressing the importance of making the beloved Iran Islamic, the Judiciary chief's advisor on international affairs said: "Forget about nuclear technology. If Iran abandons Islam, no-one would bother the country even if it possesses an atomic bomb. We know, however, that the root of our dignity lies in an Islamic system and we must not under any pretext weaken this system."

Noting that the main target of assault is our Islamic system, he said: "The important pillar of the Islamic system is Velayat-e Faqih [Rule of the Supreme Jurisconsult]. And the other pillar of our Islamic system is our judicial system. The judicial system maintains the civil system based on Islam. As you can see, after Velayat-e Faqih, it is the judicial system that is the target of the most extensive global assault."

Noting that the West has always paid attention to [Iran's] court rulings, the secretary of the Judiciary's Human Rights Headquarters said: "They put the rulings of our judicial system under the microscope, so that on noticing the slightest error they could make a hue and cry. Therefore, judges must pay even greater heed to issuing faultless rulings. Every time the West creates a loud hullabaloo it means that someone has tread on their tails. Their extensive propaganda against our judicial system helps us demonstrate that Iran's judicial system is endowed with an outstanding theory and skilled and competent judges."

Larijani noted: "Judges must present meticulous and technical arguments. Thus, when we observe the details of a ruling these attacks can be countered. This cannot be realized unless the judges issue their rulings meticulously."

Noting that human rights is used as a political tool by the West, the secretary of the Judiciary's Human Rights Headquarters said: "At present, the counter-revolutionaries, monarchists, Baha'is and the likes of [Nobel Laureate] Shirin Ebadi have become human rights defenders! Our colleagues in the judicial establishment must become familiar with human rights documents, learn the expressions and also expose these expressions."

He added: "In the past few years, we accepted and signed some of these [UN] documents. We believe that had we compiled these documents, the documents compiled would have been different. God willing, in the future we will be present in the drafting of these documents. Our official stance is to respect the covenants that we have signed. However, our signing of these covenants does not mean that their interpretation must be left to the West; we interpret them ourselves. But of course we are also obliged that our interpretations should not be in contravention of the subject of these covenants."

Stressing that we do not accept the Westerners' interpretations, the secretary of the Judiciary's Human Rights Headquarters said: "For instance, there have been various references to the issue of the family in international documents. They have mentioned partners, which according to our laws means spouse. And now they are saying that even a homosexual partnership is permissible. In another example, they refer to torture. We are opposed to torture. There is not a constitutional law in the world that so clearly supports a ban on torture as our constitutional law. The West believes that a hundred lashes is considered torture. They believe that corporal punishment is an instance of torture. But we do not accept that."

Elsewhere in his remarks, Larijani noted: "In our country, we do not arrest someone for the sake of being a Baha'i. But we do not permit a growth of that sect because we do not consider Baha'ism a religion. If they attempt to overstep the boundaries of our system we will deal with them the way we deal with other individuals.

As reported by ISNA, Mohammad Javad Larijani continued: "The Westerners attack several aspects of our judicial system, one of which concerns capital punishment. They say that capital punishment is wrong and that many death sentences are carried out in our country. We do not accept the part that says capital punishment is wrong. The reason they say that is because they believe that there could be possible errors in that regard. We believe, however, if a sentence is not carried out because of the possibility of error, then no sentences should be enforced, because the possibility of errors could apply to other kind of sentences. Of course, in that regard we have the issue of qesas [retribution in kind] in our country, which is regarded as among the rights of individuals in society."

The secretary of the Judiciary's Human Rights Headquarters noted: "They say that the number of death sentences carried out in Iran is high. For example, with regards to executions related to drugs smuggling, we believe that the main source of narcotics is in Afghanistan and that Iran is engaged in a campaign in that regard. Instead of thanking us for fighting narcotics, they constantly repeat such remarks. But, of course, it is possible to review the law in that regard, which is something our Judicial authorities must think about."

Highlighting rulings issued by judges, he said: "Occasionally, rulings issued by some of our judges are telegraphic. And that is why in some cases it is necessary to present detailed rulings. Since in some cases our rulings assume outside dimensions, they must provide sufficient reasoning."

The secretary of the Judiciary's Human Rights Headquarters went on to highlight the executions of juveniles under the age of eighteen. He said: "Anyone under the age of 18 is determined to be a child. Regarding the issuing of verdicts, that matter is decided at the discretion of the judge who determines whether or not the [accused] individual can take responsibility for his/her actions. It is the judges who determine whether or not the individual can assume responsibility for the action. In this regard, the judges must act wisely."

Noting that our entire system has come under attack with regards to the issue of stoning, Larijani said: The West believes that stoning is not a punishment but a form of torture and that, in that regard, there is no proportion between the crime and the punishment. Concerning the absence of proportion between the crime and the punishment they maintain that marriage is a contract and that if someone, for whatever reason, breaches that contract he/she must not be killed, but be fined. Unfortunately, the West has succeeded in waging such a campaign on the issue of stoning that even those who have a positive view of our system have been questioning us on it."

Stressing the need to exercise utmost care in the issue of stoning, the secretary of the Judiciary's human rights said: "However, we have to bear in mind that the verdict of stoning, be it against Sakineh Mohammadi [Ashtiani] or any other individual, becomes a subject of political attack and ... against our system and officials. We should, therefore, act in our own wisdom in that regard and in cases where there are doubts, we must make it known to the party in doubt that the issue also entails thinking about the expediency of the system."

He noted: "The verdict issued by the judge is not something we take lightly; our vitality depends on it. The supreme leader has also said that we should not do something that brings the secular West's war with Islam to the location of stoning. We should therefore take the struggle elsewhere."