Acquaintance with the Head of the Judiciary and
his Viewpoints :
Biography
Born in 1948 ,Ayatollah Seyed Mahmoud Hashemi Shahroudi, succeeded to obtain the ijtehad degree after completion of several years of religious and scientific studies in Najaf enjoying teachings of great scholars and masters like Imam Khomeini, Ayatollah Khoei, and Ayatollah Shahid Sadr while engaging in social and political activities at the same time and during his residency in Iraq he was imprisoned by the Ba'ath Government.
Upon victory of Islamic Republic of Iranian revolution and based on recommendation of Imam Khomeini, he came to Hozeh Elmieh Ghom (Ghom Theology Center ) in 1979 and engaged in teaching and research in highly superior levels of Hozeh Elmieh for several years .
As an easy reference to his activities and services one can mention his measures and actions in convening a conference on studying the Role of
Time and Place in Thoughts of Imam Khomeini which could be considered the connection between the traditional jurisprudence and observing the element of time and place in ijtehad .
Also one can refer to convention of first congress on Islamic Jurisprudence Encyclopedia, subsequently led to establishment of Islamic Jurisprudence Encyclopedia Institute ( following to the ordinance of the August Leader) as part of his other services.
Previous Responsibilities
The duties and responsibilities of Ayatollah Hashemi Shahroudi in previous years are inter alia as follows :
1- Member of Guardian Council
2- Member of Leadership Experts Council
3- Member of Management Supreme Council of Hozeh Elmieh Ghom
4- Deputy chairman of Instructors Society of Hozeh Elmieh Ghom
5- In 1999 , the August Leader appointed him as Head & Chief of the Judiciary.
Works and Publications
Ayatollah Hashemi Shahroudi has published numerous works including:
1- Book Bohous fel Elmel Osoul [ Discourses on Certain Topics of jurisprudence theories )] in seven volumes , which is the abstarct of his teaching on the works of his late teacher , Ayatollah Shahid Sadre
2- El-ejareh ( on Rent Book] in two volumes
3- Alkhoms Book in two volumes on jurisprudential subjects, Khoms
4- Certain series of intellectual articles On mostahdasah ( Accession )
Ahle- Beit (AS) Jurisprudence Quarterly.
Viewpoints
The most important viewpoints and approaches of Ayatollah Hashemi Shahroudi are briefly as follows :
1st- The very principle is to respect the individuals , therefore :
- prorogation of proceedings must be demolished and justice administration is to be easily possible;
- The temporary detention must be rational and well- calculated and the collateral or bail bond to be used possibly as an alternative,
- The litigation proceedings should enjoy the maximum transparency;
- People should be aware of the required legal culture .
2nd- The prison is of preventive nature and aspect, not to be used as the retaliating and revenging aspect, therefore :
- possibly the suitable alternative may be used for imprisonment punishment;
- Prison environment should serve as base for prisoner behavioral corrections.
3rd- An all-aspect and comprehensive judicial development shall be required, therefore :
- The suitable and appropriate planning (with consideration to the statistical data) must be provided;
- Training the judges and administrative personnel must continuously (and on job and during services) be performed and followed up;
- The functioning of bailiffs, administrative personnel and judges must be under precise supervision.
Reforms in Judiciary, and its Principles :
During the responsibility of Ayatollah Hashemi Shahroudi as the Head of Judiciary certain measures and actions have been performed for optimization of Judiciary and judicial system.Certain significant issues are inter alia as follows:
1- Formation of Judicial Development Supreme Council for the purpose of :
One) To study the judicial precedents of other countries and making them closer to the jurisprudence and judicial fundamentals of Islamic Republic of Iran;
Two) Macro and strategic planning for Judiciary.
2- Provision and execution of by-laws for dispute settlement councils
for :
One) development and expansion of people participation;
Two) to provide facilities reducing people resort to judicial court;
Three) to solve the legal disputes and settlement of the cases having no judicial nature and/or those ones whose judicial nature enjoy less complexity .
3- Structural Reform and organizing the affiliated sections.
4- Proper Planning to shorten the proceedings due process through :
One) taking advantage of the modern technology and upgrading the hardware and software capabilities;
Two) Deleting and omitting the intruder factors and issuing the suitable judicial and administrative circulars;
Three) Planning for training the suitable judicial and administrative working personnel.
5- Restoration of public prosecutor's offices for the purpose of :
One) Speeding up the preparatory interrogation instances of the cases;
Two) Reducing the quantitative volume of the cases referred to courts (with regards to settlement of plenty of the cases settled in public prosecutor's office with consideration to the non-pursuit junctions, restriction or withdrawal and waiver by private plaintiff and/or based on mutual compromise of two. parties);
Three) More careful and precise study of the files by the judicial rank and office holders with judicial base in initial stages (instead of study and consideration by judicial bailiff (s));
Four) Increasing the coefficient of judicial impartiality of the judge as to the accused party with consideration to non encounter and confrontation of the accused with the judge during the initial stages.
6- Planning for better education and training the judges and employees through organizational promotion of General Dept. of Education to Judiciary Deputy of Education and publishing the specialized journals including Payam Amouzesh .
7- Formation of Discernment Branches at Supreme Court for improvement of expertise as to the referred cases.
8- Convention of headquarters :
One) economic corruption control;
Two) social corruption control
9- Creation and development of field for reducing the prisoners focused on the approach that the Islamic punishments lack any retaliating aspect and is considered a necessity and of preventive nature, through :
One) Conversion of imprisonment punishments to the alternative ones in certain possible cases;
Two) More taking advantage of the collateral and bail bond junctions instead of writ of interim detention;
Three) Creation of required facilities for granting the long term leaves to the financial convicted persons for compromise and conciliation with the plaintiffs;
Four) Presenting motions for reforms and revision of certain laws like Check Law.
10- Codifying the Act concerning the Children and Adolescence Courts in 57 articles.
11- Formation of office for protection of women and children rights in Judiciary and the Justice Administration all over Iran.
12- To provide more welfare possibilities and facilities for the judges and employees for further tranquility and for causing stronger motivation for rendering better services to the clientele .
13- Further activation of the General Dept. of Supervision and Following Up for vindication of people rights.
14- Formation of Information Supreme Council for prompt , proper and transparent information.
It is worthy to mention that at present there are 10 internet web sites relating to Judiciary and it shall be increased in future .
Such sites are inter alia include :
***The Bureau of International Affairs www.bia-judiciary.ir
***Judiciary www.iranjudiciary.org
***Deputy of Education www.law-tarining.org
***Organization for Prisons and Corrective ,punitive
& Securing Measures www.iranprisons.ir
***Justice Administration of Tehran Province www.dadgostary.com
***Judicial Organization of Armed Forces
(military court) www.iranmilitarycourt.com
***State Organization for Inspection www.gio.ir
***State Forensic Medicine Organization www.1mo.org.ir
***State Official Gazette www.rooznamehrasmi.ir
***Public Relation Dept of the Judiciary. www.iripr.com
15- To pay serious attention to the status of religious minorities and to propose the legal bills for more protection of their rights .
16- Further and broad coordination with other departments for controlling the addiction through:
One) Presenting motion for further public information as much as possible;
Two) Appropriate treatment with the addicted persons for addiction abandonment;
Three) Severe punishment of smugglers;
Four) prevention of narcotics transit to other countries.
17- Planning for people visitation with the judiciary chief head, the directors of affiliated organizations and provincial chief justice administration (such plan is executed once a week).
*** Prior to revision of Constitution (1989) ,the highest judicial authority was Supreme Judicial Council presided over respectively by Ayatollah Shahid Dr.Beheshti and Ayatollah Mousavi Ardebili as head of Supreme Court, upon revision and omission of the judicial supreme council, the head of Judiciary holds the highest authority and such responsibilities were entrusted to Ayatollah Yazdi for 10 years and to Ayatollah Hashemi Shahroudi since as of 1999.
*** The present deputies of Judiciary, in addition to first deputy, include : deputy of education, deputy of legal and judicial development and deputy of administration.
*** The Minister of Justice is entrusted with all the responsibilities concerning relations between judiciary, executive power and legislative power and is appointed among those who are proposed by head of Judiciary to the President .