Will Rasaei Be Subject to the Law on Unjustified Backbiting in Parliament? / Lawmaker's Work Continues Shrouded in Ambiguity While Imprisoned / Will Comrades Come to His Aid?

As Hamid Rasaei is transferred to Evin Prison to serve a 10-month sentence, debate has arisen over his absence from parliament and the possibility that he may bid farewell to Baharestan.

Ambassador Arjan's report on the possibility of being included in Article 88 of the Parliament's Regulations regarding Tehran's representative;

This is short for Lead, correct half the gap: While Hamid Rasai was transferred to Evin prison to serve 10 months of imprisonment, a discussion about his absence in the parliament and the possibility of his farewell from Baharestan has been raised.

Ambassador Arjan: According to Article 88 of the Internal Regulations of the Islamic Council; "A representative who is absent for more than one hundred consecutive hours or two hundred and fifty non-consecutive hours of the official sessions of the Parliament and the Commission without a valid excuse in a year, will be considered resigned. Also, a representative who has a justified absence for more than four months in a year due to physical disability or illness will lose his position as a representative upon the request of thirty representatives and the approval of two-thirds of the representatives present that he is unable to perform the duties of the representative.

Therefore, some referring to this legal article, a debate has started in the media about Hamid Rasaei, the representative of Tehran, and some referring to this legal article emphasize that he is also recognized as resigned due to his 10-month absence from the parliament. Now, the question that has arisen is whether the communication is included in this legal article or not?

The story started when Rasai had not yet reached the 12th Parliament. In fact, in 1402, when the fundamentalists were preparing for the parliamentary elections in March of the same year, the gap between the extreme spectrum of the fundamentalists and the carpet weaving spectrum was getting bigger and bigger.

In December 1402, the 9th newspaper, under the editorship of Hamid Rasaei, accused the Speaker of the parliament of tampering with the documents of the parliament and published an article titled "Carpet weaving manipulation of the documents of the parliament". He also used the term "parliamentary dictator" for Qalibaf by publishing a video.

Based on what the media wrote; In February 1402, the legal representative of the Islamic Council sent a report titled "Concern and anxiety in public opinion" to the Public Prosecutor and the Revolution of Tehran. Salehi, General and Revolutionary Prosecutor's Office of Tehran, on 25th of Bahman 1402, announced the level of complaint of the legal representative of the Islamic Council against Hojjat-ul-Islam Hamid Rasaei, the editor-in-chief of the weekly newspaper of January, due to being a cleric, to the special prosecutor's office for the clergy of Tehran's jurisdiction. After receiving the mentioned complaint, the special prosecutor for the clergy of Tehran jurisdiction referred the case to one of the branches of the special prosecution for the clergy on March 1, 1402.

Now, after the assignment of this case by the Special Clergy Court in early October, Rasai, who had refused the ruling of the second branch of this court to apologize for publishing false information about the Islamic Council, was summoned by the judge's order to serve 10 months of imprisonment and was then transferred to the Clergy Ward of Evin Prison.

Also, Ali Kazemi, the spokesperson of the judiciary, while explaining the process of Hamid Rasaei's case, said: "There have been more than 60 cases of complaints in this regard, and there are 25 cases of conviction and summons to trial in his records. There have been at least two convictions, which included a suspended sentence and a fine. These complaints have been filed since 2007 and the records are available in the court."

Now, according to the execution of Hamid Rasaei's prison sentence, the question arises whether his absence in the parliament meetings can be subject to Article 88 of the law of internal regulations of the parliament and lead to the loss of his representative seat? In order to examine this issue, the provisions of Article 88 and its notes should be examined along with the legal status of absence due to the execution of a judicial order.

Article 88 of the Rules of Procedure has 2 notes, according to Note 1, "Up to one week after the official announcement of the resignation of a representative, if he or another representative objects to the unjustified absence and submits it to the presiding committee, this objection will be raised in the parliament at the first opportunity, and after a maximum of two opponents and two supporters have spoken (for fifteen minutes each), if the parliament votes that the representative's absence is justified, the absence will be recognized as justified. will be "One person from the board as a supporter and the representative in question as a dissenter will have the right to speak."

In such a situation, Rasai has so many friends and comrades in the parliament that they protest and defend him. Also, considering the common confrontations in Iran's politics, it is unlikely that if it is put to a vote, the parliament will show the way out.

Note 2 of this article also states: "If a recognized resigned representative has protested the unjustified absence of his absence, but cannot or does not want to attend the parliament at the time of the motion, he can submit his defense bill to the parliament for motion in the parliament no later than the time of the motion." In this case, this bill will be read by one of the secretaries with the right of precedence during the time allotted for the opponents to speak. The duration of reading the bill will be at most half an hour.

This note can also create the same conditions as note 1 for reaching, and therefore, probably this imprisoned representative will not have any problem to continue working in the parliament.

But on the other hand, the review of Article 88 shows that in this article, the unjustified absence of the representatives as well as the justified absence due to physical disability or illness is determined, but there is no direct reference about the status of the representative who is unable to attend the sessions of the parliament due to the implementation of the court order. Therefore, the mere incarceration of Rasai does not mean the end of his representation, and to clarify his situation, it must be determined whether the absence caused by the execution of the prison sentence is considered a justified excuse or not.

Therefore, the fate of Rasai's representative seat cannot be determined solely based on the length of his sentence; Rather, the answer to this question depends on the interpretation and implementation of the regulations related to the absence of representatives and the decision of the responsible authorities in the parliament.

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