The Latest from Iran (28 August): The President Prays

NEW Latest Iran Video: Khamenei Speech to Student Leaders (26 August)
Iran Video Exclusive: Ministry of Intelligence Proves “Velvet Revolution”

NEW Iran: Welcome to the “Velvet Revolution”

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1745 GMT: Ahmadinejad's Cabinet Woes. Press TV, from Iranian Labor News Agency, reports that the majority "principlist" bloc in Parliament is going to reject the three women among the President's 18 Ministerial nominations (albeit with some pretty weak excuses):

With regards to proposed health minister Marziyeh Vahid-Dastjerdi, [a bloc member] said that "certain reports about her business activities had reached the bloc which altered the opinion of the members about her".

The Principlist Majlis deputy, who sits on another bloc as well, said about Sussan Keshavarz, who has been offered the education portfolio: "We have heard that she was active in the campaign headquarters of Mir-Hossein Mousavi."...

The third candidate, Fatemeh Ajorloo, who was picked for the welfare post, was rejected because she "is too good". "It would be a shame if she becomes welfare minister," said the unnamed source, presumably because the ministry is due to be disbanded in the coming months.

Meanwhile, the reformist bloc of the Majlis has decided to vote in favor of Vahid-Dastjerdi.

1420 GMT: The Day's Big (Unseen) Story? I saw this floating around yesterday --- the storyinitially came out on the technology site of the Islamic Republic News Agency and then circulated on other Iranian websites --- but it is only with the help of EA's readers (see comments below) that I could put this together.

The Islamic Revolution Guard Corps (Revolutionary Guard), which has become just as renowned in recent years for their role in Iran's economy as for their security function, are set to buy a major stakeholding in the Iranian Telecommunications Agency.

Since 2005, Iran had planned to float the shares of the state company, which is one of three operators in the country. One of the other two is owned by Hashemi Rafsanjani, but its reach is limited to Tehran and some smaller smaller cities. The Revolutionary Guard already have a stake in Iran Cell, so if they were successful in their bid for shares of ITA, they would be in a leading position in Iran's two major cellphone providers.

This is unlikely to be a case of the Guard showing up with chequebook in hand to buy the shares. Instead, as has been the case with other sectors such as pharmaceuticals and automobiles, the purchase will be made through a front company.

There is also an interesting international twist in this story. Earlier this summer, a Russian company was to be granted a license as the third national cellphone operator, but the process suddenly stalled last month (companies from the United Arab Emirates and Kuwait were also trying to get the license). The effective suspension is probably linked to the high process the Iranian Government was demanding, but it leaves the Revolutionary Guard in an even stronger position in the cellphone sector.

1400 GMT: In Case Anyone Really Cares. The actual address at Friday prayers in Tehran, as opposed to President Ahmadinejad's introduction, was delivered by Hojetoleslam Sadighi. His headline declaration was that the "world's exceptional crimes" are the crimes of Israel in Palestine.

1330 GMT: Today is turning into a contest of two statements and, in contrast to recent days, Western media are eagerly on top of the story. Former President Khatami's statement to reformist leaders is being juxtaposed with current President Ahmadinejad's speech at Friday prayers.

While there are a complex range of issues in this battle, from the legal issues of detentions/confessions/trials to the institutional challenges of who controls Iran's bureaucracy and security forces to the political showdown over Ahmadinejad's legitimacy, it is this sentence from Khatami that may represent the moment: "'The sacred Friday prayer podium has been given to those who...call for the punishment of prominent figures...while they are accused in the eyes of the public for committing treason themselves."

Even though Khatami was probably referring to Friday prayers past and addresses delivered by "hard-line" clerics such as Ayatollah Ahmad Khatami and Ayatollah Ahmad Jannati, that sentence will be set next to Ahmadinejad's none-too-subtle call for the arrests of protest leaders.

To put an immediate question: 48 hours after trying to avert a showdown with his own statement, the Supreme Leader finds the confrontation ratcheted up several notches. What does Khamenei do now?

1200 GMT: More details are emerging of former President Khatami's statement in his meeting with leaders of the Reformist Front, via outlets such as Radio Farda and Parleman News. Khatami said that "the black cloud of worthlessness of people's votes under this regime should be eliminated" and that those who opened fire on the people on the streets should be prosecuted.

1150 GMT: Credit to Borzou Daragahi of the Los Angeles Times, who has just nailed the significance of this morning's events in his lead paragraph: "Iranian President Mahmoud Ahmadinejad demanded the prosecution of opposition leaders today, raising the nation's political temperature just a day and a half after Supreme Leader Ali Khamenei sought to cool tempers in a conciliatory speech."

1130 GMT: Fars News Agency have published a summary of Tehran's Friday prayers address by Hojetoleslam Sadighi.

1030 GMT: Press TV has now posted its English summary of the Ahmadinejad speech, featuring the call for the "severe punishment of the orchestrators of the post-election unrest" and its "painful" events.

The President is not backing away from the "velvet revolution" theme, saying that Iranian opposition leaders were "deceived by the enemy's schemes (and) did their best to undermine the high voter turnout in the election and to shake the foundations of the Islamic establishment".

The president said, "I call upon security and judicial officials to decisively and mercilessly act with those who committed inhumane acts in the guise of the friends [of the establishment] since they inflicted damage on people and tarnished the image of the establishment, security and police forces."

0915 GMT: Former President Mohammad Khatami, meeting members of the Reform Front, has emphasised the need for a stronger presence of the reformists in Iranian politics with continuation of their efforts for change.

0900 GMT: More on the Ahmadinejad Speech. Fars News Agency has posted its summary. The President followed long-established lines with his references to 85 percent participation in the Presidential election and the 25 million who voted for him. This was testimony to the "revolutionary values" and "originality" of Iran. Enemies were trying to separate the "Islamic" and "Republic" in this Iranian revolution; however, Ahmadinejad proclaimed that, "after more than two months", these enemies were "staggering and had lost their way home", failing in their media plans and political efforts.

There was one nice touch in the rhetoric, especially since the President needs to be careful with his references to a "velvet revolution" that the Supreme Leader has now denied. Apparently the British Foreign Minister [David Miliband] had said, when asked why Britain was involved in Iranian affairs, that otherwise work on the Islamic Republic would soon be completed.

0840 GMT: Oh, yes, Ahmadinejad also asked Parliament to show their trust with votes of confidence in his "strong, coherent, professional, and honest" Ministers.

0830 GMT: Mahmoud Speaks. And wow, what a way to begin the introduction to Friday prayers. The President has claimed that attacks on University dormitories just after the 12 June election were staged by "relatives" of students and protestors, complementing their disturbances on the streets.

These acts tried to discredit the Presidential vote, "a matter of genuine democracy unlike other staged elections in the world, where the outcome is predetermined".

0800 GMT: A stuttering start to the day. We were laid low by a server problem but there is still no breaking news to report. We're waiting for first accounts of President Ahmadinejad's introduction of Friday prayers in Tehran, which should include glowing references for his Cabinet nominees.

We've taken the time, during the server outage, to write up a special analysis on the regime's pretext of "velvet revolution" as the cause of the post-election conflict. This, of course, has been true since June, but it came home to us this week with the testimony of Iranian-American academic Kian Tajbakhsh during the 4th Tehran trial. Apparently some of our colleagues (and at least one EA staffer) are now amongst the velvet revolutionaries.

The "Western" media, from The New York Times to experts like Juan Cole, are now catching up with the last major development, the Supreme Leader's speech from Wednesday. (Unless it's The Washington Post, who apparently no longer care about Iran unless the story is about Tehran's nuclear threat; they are silent on Iran today.)

The Latest from Iran (20 August): Grinding to a Halt

The Latest from Iran (19 August): Challenges in Parliament and from Prisons

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1810 GMT: Recognise Us Because We're Really Nice. There have been signs this week that the Ahmadinejad Government would be more flexible in its position on the nuclear programme, and today this came from the Associated Press, via unnamed diplomats:

Iran has lifted a ban and allowed UN inspectors to visit a nearly-completed nuclear reactor. Inspectors from the International Atomic Energy Agency visited the reactor in Arak after a year-long ban...Iran agreed last week to expand uranium enrichment monitoring of the site.

1735 GMT: Ahmadinejad and the IRGC Factor. As we wait for the fallout from the President's televised speech on his Cabinet selections, here's how American anlaysts get it right. And wrong.

The appointment of Ahmad Vahidi as Minister of Defense has been noticed because he was commander of the Islamic Revolution Guard Corps in the late 1980s/early 1990s. So, it is said, Vahidi's appointment indicates a consolidation of the relationship between the President and the IRGC in the face of opposition not only from "reformists" but from "conservative" and "principlist" elements.

Right.

And, the analysts continue, this indicates that Ahmadinejad plans to continue and maybe accelerate Iran's material support for pro-Iranian parties and militias in the Middle East.

Wrong.

This, of course, may be a consequence over time of Vahidi's appointment but to assert --- without any evidence --- that the external dimension is more important than the President's manoeuvres in an internal crisis smacks of a view that revolves around Washington, rather than Tehran.

1725 GMT: Worst. Claim. Ever: It's All Hillary's Fault. Iran's police chief of police Esmail Ahmadi-Moqaddam has said that the "confessions" of political detainees must be authentic because their mastermind, Hillary Clinton, has openly revealed their plans: "Some say that the police has extracted confessions by force, but I tell them: No-one has extracted confession out of Mrs. Clinton, yet she reveals all issues freely."

While Ahmadi-Moqaddam's statement should be called out as a crass cover-up of the state's treatment of prisoners, it does point to the lack of wisdom in Clinton's posturing --- motivated primarily to counter domestic charges that the Administration had stood back from post-election events --- when she told CNN earlier this month that the US Government did much "behind the scenes" for Iranian protesters.

1450 GMT: Reuters has now picked up on the problems for Ahmadinejad's Ministerial appointments in Parliament, adding this quote from Speaker Ali Larijani on Islamic Republic of Iran Broadcasting: "Those nominated by the president for government posts must have sufficient expertise and experience, otherwise a great deal of the country's energy would be wasted."

1410 GMT: Creating Some Political Space? Speaker of Parliament Ali Larijani, speaking to the Islamic Society of Engineers, has declared that the primary duty of Government is "justice so human beings may perfect themselves" and that it was essential for people to have "economic, cultural, and political mobility".

1340 GMT: Tonight's the Night. After the stop-start process of naming his Cabinet, President Ahmadinejad takes to the national airwaves in a broadcast just after the 9 p.m. news. He may do so with a bit of nervousness: protestors are planning to drown out the President with "Allahu Akhbars", and Ahmadinejad's previous broadcast didn't go so well. Remember his defeat at the hands of the Giant Moth? (If you missed it, here's the video.)

1150 GMT: Another Shot at Ahmadinejad. Jomhoori Eslami reports that an Iranian court has temporarily suspended former First Vice President and current Presdential Chief of Staff Esfandiari Rahim-Mashai for two months because of charges of financial misconduct.

1140 GMT: The Fight Begins? The Deputy Speaker of the Parliament, Mohammad Reza Bahonar, has warned that at leave five of President Ahmadinejad's choices for Ministers may not receive votes of confidence. Reuters has English-language summary of report.

1100 GMT: No Newspaper is Safe. Even the hard-line "conservative" Kayhan could be banned from newsstands. According to the Iranian Labor News Agency, the same court that banned Etemade Melli has ordered Saeed Mortazavi, the Tehran Prosecutor General, to halt the publication of Kayhan, because of the failure of its editor, Hossein Shariatmadari, to answer two court summons. Shariatmadari was taken to court by Mir Hossein Mousavi's chief advisor Alireza Beheshti and others over the "publication of repeated lies" against the candidate.

0720 GMT: The English-language version of the Iran Parliament website has just released the names of the 18 ministers whom it says were submitted by President Ahmadinejad to the Parliament "on Wednesday". There are no surprises amongst the names, which we revealed in yesterday's updates.

0620 GMT: Reading Another Change. We reported yesterday that the new head of Iran's judiciary, Saeed Larijani, had given a clear thumb-in-the-eye to the President with the appointment of Gholam-Hossein Mohseni-Ejeie, the Minister of Intelligence fired by Ahmadinejad, as Iran's Prosecutor General.

Larijani is also replacing Tehran's chief prosecutor, Saeed Mortazavi, with Morteza Bakhtiari, the former head of Iran's prison service and former Governor of Isfahan. The timing is a bit curious, since Mortazavi was seen as the legal force behind the prosecution of post-election political detainees, and we are in the middle of the Tehran trials.

So is Larijani asserting his authority against the President? Or is the simple explanatio n that Mortazavi is moving to a post in Ahmadinejad's executive? And will there be an impact, short-term or long-term, on detentions and prosecutions?

0540 GMT: Meanwhile, a foreign-policy breakthrough for the President and his Government received surprisingly little attention. Syrian President Bashir al-Assad was in Tehran for a chat.

The cover story was that Assad came to Iran to broker the release of French national Clotilde Reiss, arrested and still awaiting trial on bail. Iranian state media preferred the image of election legitimacy, quoting Assad's greeting to Ahmadinejad, “I’ve come here today to personally convey my warm congratulations to you and the Iranian nation. I believe what happened in Iran was an important development and a great lesson to foreigners."

The overriding significance, however, is in the Associated Press headline, "Iran’s supreme leader reinforces Syria alliance." Ahmadinejad, who has been ostracised internationally since his trip to Moscow just after the election, will get a symbolic boost; however, it is unclear whether Assad was reinforcing the alliance or holding it in suspension. Before 12 June, it appeared that the Tehran-Damascus relationship was an important influence on questions from the Israel-Palestine dynamic (and the in-fighting within the Palestinian leadership), the situation in Lebanon, and the wider state of play (political and economic) between Iran and Arab States. How much of it that continues while Ahmadinejad's real rather than symbolic legitimacy is still doubted?

0500 GMT: We took a break last night to recharge our batteries and return this morning not to news but to two non-events.

The first non-event was President Ahmadinejad's to formally submit his Ministerial nominations to Parliament by yesterday's deadline. In the morning, all appeared to be almost complete: Mehr News was reporting three names remained to be confirmed, and then Tabnak said only one, the Minister of Justice. At 1:22 p.m. local time, a few hours before the deadline, the English-language site of the Parliament recapped the news.

And then nothing. There was a clue that all was not well when the President's Wednesday night national broadcast was postponed for 24 hours but, otherwise, updates stopped as the deadline came and went. (Press TV's website is still stuck on its Wednesday morning headline, "More Ahmadinejad cabinet nominees revealed".) Then, just after 10 p.m., the Farsi-language version of the Parliament website reported simply, "The letter of the President still has not come."

No one is offering the reason for the delay, but the obvious speculation is that some of the names in the list leaked by the media were unacceptable to members of Parliament. And so we enter today, ready to analyse but with no way forward yet on the questions: will Ahmadinejad make concessions and change some of his selections? Will there be any punishment for his failure to meet the deadline? Will any high-ranking "conservative" or "principlist" MPs come out publicly against the President?

However, it is the other non-event, largely missed by media, which is occupying us this morning. Yesterday the Executive Committee of the Assembly of Experts postponed the next meeting of the Assembly, which was due in about 10-12 days. Our question from yesterday's update, "Who pushed for the delay?", is still unanswered. To get an idea of the stakes involved in this answer, consider the make-up of the Executive Committee: Hashemi Rafsanjani aligned against Ahmadinejead supporters Hashemi Shahroudi (former Head of Judiciary), Mohammad Yazdi (Rafsanjani's foe within the Assembly), Ghorban Ali Dorri Najafabadi (Prosecutor General), and Ahmad Khatami (the hard-line temporary leader of Friday prayers in Tehran).

An EA correspondent offers this assessment, leading to an important but so far overlooked point:

The excuse that the Assembly meeting was delayed because of Ramadan [which starts on Saturday] appears as exactly that, an excuse and nothing more. Parliament will debate and possibly block Ahmadinejad's ministerial nominees well into Ramadan, Government will carry on business, and I am sure the trials will not go into recess for a month.

So what seems to be the case here is someone simply unwilling to have the session happen so soon. The latest letters sent by the former MPs and the Qom ulama [clerics] might have precipitated the case. They either blew the lid off Rafsanjani's machinations or persuaded the Supreme Leader to force a postponement in order to work on the Assembly members and make sure they don't spell trouble for him. At any rate, it just adds to all the shocks that have hit the orderly functioning of state institutions after June 12.

Amidst all the demonstrations, the detentions and trials, and the political machinations, the Iranian Government is effectively suspended. And the longer that situation persists, the more the question emerges: when is there a breaking point, not of showdown in the streets or in the Parliament, but in day-to-day life?

The Latest from Iran (19 August): Challenges in Parliament and from Prisons

NEW Is Rafsanjani (or Ahmadinejad) A Spent Force? The Sequel
Text of Latest Karroubi Statement “You Will Not Force Me Into Silence”

The Latest from Iran (18 August): Which Way for the Government?

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1700 GMT: More, Much More on that Assembly of Experts Meeting. The Executive Committee's agenda appears to have been a delay in the next meeting of the Assembly, which was due to take place within the next 10-12 days, for a month because of Ramadan.
This rules out any quick intervention by the Assembly in the political crisis.

But the big question: who asked for the delay? Was it the head of the Committee, Hashemi Rafsanjani, to give himself time for his next moves? Or was it the other members --- former head of judiciary Hashemi Shahroudi, Mohammad Yazdi, Prosecutor General Ghorban Ali Dorri Najafabadi, and Ahmad Khatami --- all of whom are more supportive of President Ahmadinejad?

1605 GMT: The Executive Committee of the Assembly of Experts has met, but there are no details of the agenda or content of the discussion.

1550 GMT: There is still no news on whether the President has formally submitted his Ministerial nomination to Parliament.

1415 GMT: Report that Mohammad Reza Jalaiepour, an activist close to Mohammad Khatami, will be released from detention today. Journalist Zhila Bani Yaghoub has been released on $200,000 bail.

1405 GMT: Mehdi Karroubi has written to Speaker of Parliament Ali Larijani to confirm that he is ready to present his evidence of the abuse of detainees.

1230 GMT: Mowj-e-Sabz claims that a group of senior clerics have met the Supreme Leader and criticised the behaviour of his son, Mojtaba, but "to no avail".

1225 GMT: Did the President Miss the Deadline? The official Parliamentary News Agency has an item at 1530 local time (1100 GMT), 30 minutes before the deadline for the President to submit his Cabinet nominations. Aboutourabi Fard, the anti-Ahmadinejad Deputy Speaker, says no letter had been received.

It is now almost an hour after the deadline.

1220 GMT: The new head of Iran's judiciary, Sadegh Larijani, is moving briskly with appointments: Gholam-Hossein Mohseni-Ejeie has become Prosecutor General, replacing Ghorban Ali Dorri-Najafabadi.

Hmmm....Would this be the same Gholam-Hossein Mohseni-Ejeie fired as Minister of Intelligence by Mahmoud Ahmadinejad a few weeks ago? Perhaps someone should give the President the latest news.

1130 GMT: EA source says that President Ahmadinejad's nationally-televised address, announcing his Ministerial nominations, has been postponed until tomorrow night after 9 p.m. local time.

1055 GMT: The Rah-e-Sabz website, quoting "reliable sources from Tehran", reports that Karroubi is resurrecting his plan from 2005 for the "Saba" satellite channel.

The plan was shelved four years ago after direct intervention by Ali Larijani, then chair of the National Security Council, who deemed the plan "an act against national security". Karroubi then founded the Etemade Melli newspaper to reach the masses.

Now Karroubi is threatening to get serious with the satellite channel should the regime's ban on the newspaper remain in place. Initial launch preparations are underway and "a group of film makers based inside the country" is willing to take part. The headquarters would be set up in another Mideast country (an EA correspondent suggests the United Arab Emirates), and the goal would be to air the "real news" that the state media neglects.

1045 GMT: To the Wire. Mehr News says President Ahmadinejad has still not decided on the appointments of three Ministers. Tabnak, however, says only one post (Justice) is still to be determined for the final submission to Parliament. The names of those Ministers who have been proposed, in both articles, are those posted earlier in Press TV/Fars accounts (see 0900 GMT).

0940 GMT: Saham News claims that a commission is investigating the Mosharekat and  Mojahedin political parties with a view to amending the law to prohibt contacts and exchange of views and information with foreign embassies and acceptance of foreign financial aid. An EA source confirms that this process started about six weeks ago.

0900 GMT: The President's Cabinet? Press TV, citing Fars News Agency, reveals Ministerial nominees. Among the appointments: Manouchehr Mottaki remains as Foreign Minister, Kamran Daneshjou at Science, Research and Technology, Mostafa Mohammad-Najjar as Minister of Interior, Mohammad Hosseini leading Ministry of Culture and the Islamic Guidance, and Ahmad Vahidi as Minister of Defense.

0855 GMT: And Yet More Support. The Association of Iran Alumni and Union of Islamic Associations of University Students have declared that they will not abandon Karroubi and other reformist leaders.

0850 GMT: The Green Wave of Support. We reported yesterday on the "reformist" front coming out in support of Mehdi Karroubi's position on abuse of detainees. Norooz have now published the text of the statement from the Islamic Iran Participation Front.

0820 GMT: Clarification on Reformist-Clerics Meeting (0740 GMT). Another EA correspondent explains, "Javad Shahrestani is not an Ayatollah, and most probably not even a mujtahid. He runs sistani.org from Qom and is the person who brought the Internet to the holy city and transformed it into a technology hub. However, he is not high on religious credentials. The fact that people refer to him as 'Ayatollah' underlies the attempt to indicate the higher level of these figures close to the opposition."

0740 GMT: A reader lets us know that the full English summary, provided by a Twitter activist, of Ayatollah Sanei's attack on the regime (full video in separate entry) is now available on the Internet.

0730 GMT: More Opposition Moves. An EA correspondent has verified news we saw yesterday, "The reformists Abdollah Nouri, Gholamhosein Karbaschi [former Mayor of Tehran and top advisor to Karroubi], and other reformists have been having separate meetings with Ayatollah Montazeri and Ayatollah Shahrestani, the son-in-law of Ayatollah Sistani [the leading Shia cleric in Iraq]. These reformists have requested that the Shia high clergy become more involved in the current issues of the country."

0650 GMT: We asked moments ago "whether some in the Government have realised that the high-profile hard line may be counter-productive".

Hmmm, maybe not. Hojatoleslam Ali Saeedi, the Supreme Leader's liaison with the Revolutionary Guard, said yesterday, "[The] leaders of the recent unrest are still out of prison." Rounding up those leaders "could be the will of the nation and the media".

Saeedi also defended the regime's high-profile display of "confessions" by figures such as former Vice President Mohammad Ali Abtahi:

These confessions were of utmost importance, since they shed light on the core of "the ordeal" and the rings linked to it....It was not unexpected that the foreigners would take us for the likes of Georgia, Ukraine and Kyrgyzstan. However, it was strange that some of our compatriots were deceived by the enemies and played by their rules."

0630 GMT: Deadline day for President Ahmadinejad, as he has to present his selections for Ministerial posts to Parliament. The furour over the President's relations with the legislature, which had peaked with controversies over the 1st Vice President and Ministry of Intelligence, has quieted in the last week, but several key MPs have warned that Ahmadinejad must put forward candidates with expertise and judgement.

On another front, our Enduring America debate over the challenge of Hashemi Rafsanjani continues. After yesterday's spirited discussion between two of our correspondents and our readers, we've posted a sequel with the views of a third EA analyst. There is a clear split in our community on not only Rafsanjani's position but that of the President: some see Rafsanjani playing a clever game as Ahmadinejad loudly struggles, others see the President in the ascendancy. And, thanks to our readers, important factors such as the Revolutionary Guard, the "principlist" political bloc, and the Army have also been brought into the arena.

For me, however, the emerging story yesterday was the clear signal that the Green opposition has not gone away. While the organisation of public protest is still fragmented, many key secular and clerical figures rallied around Mehdi Karroubi's demand that the Government investigate and punish those responsible for abuse of detainees. Karroubi reiterated the protest in his statement, "You Will Not Force Me Into Silence", and Mir Hossein Mousavi, Ayatollah Bayat-Zanjani, and the "reformist" front were among those who offered high-profile endorsements. These complemented the "hot" Internet story of the day, the video of Ayatollah Sane'i's scathing attack on the regime.

As I've said on several occasions, the regime may be keeping the opposition vibrant --- ironically --- by trying to break it with detentions, confessions, and trials. Today's planned 4th trial of post-election political prisoners has been postponed until next Tuesday, raising the question as to whether some in the Government have realised that the high-profile hard line may be counter-productive.

If this is just a pause, however (and one of the rumours yesterday was that politician Saeed Hajjarian would be amongst the defendants), we will not only be considering the President's Cabinet and Rafsanjani's future. The Green Path of Hope, which Karroubi and Mohammad Khatami joined yesterday, may be more than a symbol.

Iran Special: Mohammad Sadegh Larijani and a "Militarised" Judiciary

Iran: The Battle over the Judiciary and the Republic’s Future
The Latest from Iran (15 August): Battles Within the Establishment

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In the midst of the ongoing uncertainty over the appointment of Mohammad Sadegh Larijani as head of Iran's judiciary Enduring America correspondents have been paying close attention to this extended analysis by Mehdi Khalaji, of the Washington Institute for Near East Policy. Khalaji offers both background and critique of Larijani within the context of what he calls the "militarization" of Iran's legal and judicial bodies.

We have read this in the light both of WINEP's political position of long-time hostility to the Iranian regime and of Khalaji's own history as a former cleric. An EA correspondent writes, "Khalaji usually goes down very strong on his former Qom classmates usually. His analysis may turn out to be true, but Sadegh is actually more scholarly than what Khalaji makes him out to be. For example, I have a very erudite rebuttal of Mohammad Khatami's civil society that was written by him 11 years ago in a right-wing weekly called Sobh. However, what Khalaji says about Khamenei's progressive replacement of the elite with a younger generation of his own liking is very similar to other analyses, including those from "reformists". Interesting to see how opinions are converging on this front."

Militarization of the Iranian Judiciary

Widespread reports suggest that Sadeq Larijani, a young and inexperienced cleric with close ties to Iran's military and intelligence agencies, will officially replace Mahmoud Hashemi Shahroudi as head of the Iranian
judiciary on August 16. [Editor's Note: The installation was originally scheduled for 15 August but has been delayed, reported to the 17th.] This appointment is particularly significant, since the judiciary in Iran wields considerable power --- albeit through the approval of Iran's top leader, Ayatollah Ali Khamenei --- and has a great deal of latitude to make decisions without reference to law or Islamic concepts, especially when "safeguarding the interests of the regime" is deemed necessary.

Who is Sadeq Larijani?

Born in 1960 in Najaf, Iraq, Sadeq Larijani is the son of Grand Ayatollah Hashem Amoli and the son-in-law of Grand Ayatollah Hossein Vahid Khorasani, currently one of the most widely followed marjas, "sources of
emulation" whose rulings are regarded as binding by devout Shiite believers. Larijani's two older and well-known brothers -- Ali Larijani, speaker of the Majlis (Iranian parliament) and former nuclear negotiator, and Mohammad Javad Larijani, the deputy head of the judiciary, former deputy foreign affairs minister, and mathematics graduate from the University of California, Berkeley -- are also married into respected clerical families: Ali is the son-in-law of the late Morteza Motahhari, an ideologue of the Islamic government, and Mohammad Javad is the son-in-law of Hassan Hassanzadeh, an ayatollah in Qom. Khamenei, at one point the supervisor of the Islamic Revolutionary Guard Corps (IRGC), became
intimate with the Larijani family during Ali's several-year post as deputy commander of the IRGC.

Sadeq justifies his lack of political experience in a short autobiography on his website. Because he "felt that the West's cultural invasion was no less important than a military invasion," he decided to prepare himself
for "confronting the cultural invasion," in part by learning English. He used his new language skills to translate several philosophical works,such as an article by Karl Popper on the philosophy of science and G. J.
Warnock's Contemporary Moral Philosophy, the latter of which he annotated and critiqued from the Islamic point of view. Sadeq first made a name for himself by criticizing religious intellectuals such as Abdulkarim Soroush and eventually became one of the main voices of the Islamic Republic. Larijani taught courses on Islamic ideology, both at the seminary in Qom and at various IRGC bases around the country.

In 2001, Sadeq Larijani was the youngest jurist ever to be appointed to the Guardian Council, the twelve-person body responsible for approving all laws passed by the Majlis and for supervising elections. In the course of his Guardian Council activities, he has tried to remain under the radar by avoiding public appearances and media interviews. He has also made every effort to keep his relationships with Khamenei, the intelligence apparatus, and the IRGC under wraps.

Militarizing Iran's Institutions

In his twenty years in office, particularly in recent years, Khamenei has replaced military, political, economic, cultural, and clerical officials with a new generation of politicians and clerics who owe their political
or religious credentials to him. The IRGC and intelligence apparatuses became the main avenues through which young ambitious men loyal to Khamenei could enter the political scene.

Although most of these new politicians and clerics are close to Khamenei, they are not traditional clerics with independent political and religious credentials, such as those who participated in the 1979 Revolution.

Instead, most of the new generation began their careers in the military, the IRGC, and the intelligence services. Notable examples include Ahmad Khatami (no relation to former president Muhammad Khatami), an influential intelligence agent who is now a member of the Assembly of Experts and the Friday prayer Imam of Tehran; Ahmad Salek, Khamenei's representative in both the Qods Force and IRGC intelligence and a member of the Militant Clerics Society of Tehran; Hossein Taeb, the commander of Basij militia and former head of IRGC intelligence; and Sadeq Larijani.

Khamenei's Judiciary

Khamenei keeps close control of the Iranian judiciary: he not only appoints its head, but also gives unofficial recommendations to other high-ranking judiciary officials. Often a micromanager, Khamenei has been
known to go over the judiciary's head, exemplified by his recent order to close the Kahrizak detention center in Tehran (a move that usually requires a court order). Critics say the closure was meant to prevent a Majlis investigation into abuse of the facility's prisoners -- most of whom were arrested following the postelection demonstrations.

Although the Iranian constitution states that the judiciary supervise all juridical and legal processes, some bodies, such as the Special Court of Clerics, work under Khamenei's direct supervision outside the judiciary's
framework. Moreover, even though the IRGC, Basij, police, Intelligence Ministry, and Special Court of Clerics run many of Iran's detention centers, the judiciary has no jurisdiction over any of them. Further
complicating matters, Khamenei is constitutionally the final arbiter in any dispute between government officials, with the right to overrule Islamic law when necessary to safeguard the interests of the regime. As
such, the judiciary uses Islamic law as the basis for its decisions only when Khamenei sees such use as not in conflict with the regime's interests -- as he defines it.

Not only is the judiciary empowered to ignore Islamic law, it also bypasses the country's criminal law, particularly in politically related cases. This has led to harsh criticism by secular lawyers as well as
clerics in the last two decades. In an open letter to Hashemi Shahroodi, for instance, published in Ettelaat newspaper on August 2, Ayatollah Mustafa Mohaqeq Damad, a prominent scholar of Islamic law, criticized the concept of the "interests of the regime," complaining, "The bitter taste of what happened in the judiciary under you, especially in recent days, would not be forgettable for Iranian people ... Under you, the judiciary,
which is the pivot of society's security, is not only shaken but destroyed."

Conclusion

Iran's judiciary -- under the watchful eye of Iran's top leader -- has a great deal of power to shape the country's legal system and environment. Sadeq Larajani's ties to the IRGC and intelligence agencies provide ample reason to believe that he will use his new powers to crack down even further on human rights and civil liberties than did his predecessors. Moreover, Larijani's appointment signals that the judiciary, the IRGC, and the intelligence agencies will be more closely aligned then ever. Presumably, this state of affairs indicates that traditional ayatollahs deeply trained in Islamic law -- but who are not members of the
intelligence-military-political circles -- will have a lesser role in government in years to come. Given the unstable situation in post-election Iran, such a scenario could be a recipe for continued and ongoing chaos.