Judicial Reforms Indispensable
The number of cases brought before the Judiciary is unprecedented in Iran as in other countries of the world.
It is no lip service that the country's Judiciary officials have off and on said that judicial development is on their agenda.
Article 156 of the Iranian Constitution stresses the independence of the Judiciary and underlines an importance mandate of the Judiciary: that it should defend the social and individual rights of citizens.
Existing laws further provide that enforcement of laws, determination of the legality of various organizations as well as their activities, preparation of judicial bills and regulations, and conducting trials on legal and constitutional issues are among the duties of the Judiciary.
Judiciary officials are also appointed as members of government councils and other decision-making bodies such as the Supreme National Security Council, and attend the sessions of these councils.
But despite the array of Judiciary duties, the people are not satisfied with things as they are in this branch of government. It should be remembered that the Judiciary is not a refuge for people to seek redress for all their grievances.
Following is an interview with Musa Qorbani, a member of the Judicial and Legal Commission of the Majlis, on the subject of judicial duties: Q: Over the past two years, the Judiciary has been talking of judicial development as being on its agenda. How far has the Judiciary been successful in this regard? A: Reforms in the Judiciary require a long time to achieve. Long-term plans do not produce tangible results over a short period of time.
Q: Have you observed any changes so far? A: The Judiciary chief has proposed good plans, which include streamlining of legal procedures, creation of arbitration councils, involving the public at large in the settlement of problems. But the implementation of plans, however good they may be, needs time.
Despite the many problems, the Judiciary has nonetheless started implementing useful plans toward making the Judiciary more efficient and relevant to the needs of the people.
Q: What are the hurdles in the way of judicial development? A: It seems there are two problems that may be mentioned. First, the Judiciary is still unequipped to carry out reforms. Secondly, it faces a budget deficit. Due to the second problem, the Judiciary cannot employ experienced staff. Hence, the reform process moves at a slow pace and results will take time.
Q: The Judiciary chief announced on Tuesday that about 6,000 cases were filed last year. The figure is unprecedented. What is the reason for the increase in the number of cases? A: I believe that the increase in the number of cases does not mean that the number of offenses committed has gone up, for a case may sometimes take five to six years. Moreover, figures like these are not reliable in our country.
Q: Are you denying the claim that offenses are growing in our country? A: No. The number of offenses may have increased, but the reason is that economic problems in the country have increased. If the figures are classified, they would be reduced to one-third.
Q: So you agree that crimes are on the rise and it is the duty of the Judiciary to prevent the commission of crimes. How do you assess the Judiciary's performance in this regard? A: We have not observed practical measures in this regard. But the Judiciary alone is helpless. It needs the cooperation and coordination of other government organs. For instance, creation of job opportunities can reduce the number of crimes which is not a duty of the Judiciary.
Moreover, prevention of crimes requires a budget and the legal means while the Judiciary is facing a financial crunch.
Q: Regarding legal bottlenecks, do you foresee some changes in existing laws and their interpretation? A: The Judiciary has set up a commission to review existing laws. The Judicial and Legal Commission of the Majlis is ready to cooperate with the Judiciary. In my opinion, some offenses must be redefined while some acts, which are currently not punishable by law, should be punished as offenses.
Moreover, legal procedures must be streamlined.
Q: The maintenance of law and order is among the duties of the Judiciary. How far has the Judiciary been successful in this regard? A: In my opinion, since the legal procedure is usually long, it becomes an obstacle to justice and to deterring people from committing crimes.
Also, a delay in the execution of punishments and a disproportionate punishment handed down on a crime or vice-versa could hinder their role as deterrents to the commission of crimes. These issues undermine the confidence of people on the Judiciary.