The judge must be independent from political power, wealth and media excitement

Qom - The Attorney General of the country emphasized the necessity of preserving the independence of judges and said: Judges must be independent against political power, influence of the rich, rent-seeking and media excitement in order to achieve justice.

According to Ambassador Arjan Hojatul-Islam Wal-Muslimin Mohadi Azad, Attorney General of the country, in the series of pre-sessions of the international conference on the jurisprudence of the Martyr Imam Ayatollah Khamenei under the title of the necessity of maintaining the independence of the judge with emphasis on the thoughts of the Martyr Imam, which was held with the presence of non-Iranian professors and students of the Jurisprudence Complex of Jamiat Al-Mustafi in the meeting hall of this complex in the Jamiat Al Uloom Qom, referring to the holy verse "Ya Dawud said, "You are not a caliph on earth, and you judge between people with truth, and do not follow the divine, and you will stray from the path of God." Just, brave, decisive, fair, productive, extremely God-fearing, scholarly and without regard are the components of the independence of the judge in the holy system of the Islamic Republic of Iran in the words of Imam Shahid.

He added: It should be noted that what kind of judge is being discussed; Does it mean the absolute mujtahid judge or is the permissible judge included in this discussion?

The Attorney General of the country continued: The theory of exclusive use of mujtahid mujtahid judges cannot be implemented, because we do not have enough mujtahid mujtahid judges for the entire country, and on the other hand, such an approach can disturb the general order of the society. Because it is not possible to rely solely on the personal and different conclusions of two mujtahids in matters related to public order; Therefore, our discussion is based on Qazi Mazoun, who had the same view as Imam Rahal.

Mohadi Azad stated: According to the verses of the Holy Quran, independence is a means for the judge to achieve the truth and does not mean arbitrariness. In order to establish public order, it is necessary to act in an organizational and coordinated manner, rather than each judge taking an arbitrary procedure based on personal taste.

Referring to the legal guarantees of the independence of the judge in the Holy Qur'an, he said: verses such as "And when you judge between people, that you judge with justice", "Let us stand firm with the payment of martyrs for the sake of God." On yourselves, your parents, and your relatives" and "And you will not be punished by the people, unless you do justice to him. "Aqrab for piety" are the legal pillars and foundations of the originality of the judicial ruling.

Referring to a part of a narration with the theme "Rajulٌ قَضَی بِلْحِقِّ وَهوَ يَْلِمُ Fahuَ فِيْ الْجَنَّةِ" he added: Judges should issue verdicts with knowledge and knowledge; This issue is especially important in appeals courts and should be considered more carefully.

Emphasizing the necessity of providing suitable conditions to maintain the independence of the judge, he stated: When a judge on assignment does not have an institutional house to attend the mission, and on the other hand, he does not have the financial ability to provide a personal residence, in fact, we have not properly respected his dignity and independence.

Mohadi Azad pointed out: The independence of the judge against political power-seeking, influence of the rich, rent-seeking, media creation and public excitement has always been one of the axes emphasized by Imam Martyr and one of the topics of his special attention in relation to judges.

He considered Article 164 of the Constitution as one of the legal guarantees of a judge's independence and reminded that: based on this principle, a judge cannot be temporarily or permanently separated from the position he holds, or his place of service or position can be changed without his consent, without trial and proof of a crime or violation that leads to dismissal; Except as required by the interest of the society and with the decision of the head of the judiciary, after consulting with the president of the Supreme Court and the Attorney General.

In the end, referring to his 45 years of service in the judicial system, the Attorney General of the country emphasized: As an official who has worked with several heads of the judiciary over the years, I testify that the independence of the judge has always been respected by the heads of the judicial system in different periods, and one of my motives for continuing to serve and cooperate with the judicial system was this issue.