The Latest from Iran (16 August): New Challenge to Khamenei?

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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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2200 GMT: Two late-night breaking stories. The first is the temporary ban on Etemade Melli newspaper after its publication of a letter from Mehdi Karroubi.

The second story is potentially bigger. Press TV's website reports that former President Mohammad Khatami met former members of Parliament and said, "We are the real protectors of the Islamic Republic not those who showed in recent months that they are uprooting the republic and Islamic nature of the establishment." Khatami expressed concern about the "illegal" attitude adopted towards the Iranian nation after the election: "Certain ongoing moves run counter to legal principles."

What Press TV fails to note is that those former members of Parliament issued a statement a few days ago raising the issue of the authority of the Supreme Leader. So this meeting may be part of the move to invoke Law 111 over the prudence and justice of Khamenei.

2005 GMT: Agence France Presse reports, "Iran released 24-year-old French academic Clotilde Reiss on bail Sunday six weeks after she was arrested on suspicion of spying, the French presidency said, adding that she is in good health."

2000 GMT: Revolutionary Road has posted a summary in English, including the names of the defendants, in today's third trial of post-election political detainees.

1905 GMT: And it's not just Press TV that is giving airtime to the opposition and "enemies" of the regime. An EA correspondent reports that Iranian state television, including IRIB Channel 1, is also carrying the denial of charges by an attorney for one of the defendants in today's trial in Tehran (see 1625 GMT).

1855 GMT: Press TV's website is now summarising, in fact almost reprinting in full, the latest statement from Mir Hossein Mousavi: “Our election campaign was conducted under the Constitution and the principles which the Iranian nation holds dear. We still remain committed to the same slogans.”

The article prints, without any critical commentary, Mousavi's memories of Election Night:

[At first] we thought that mismanagement was the cause of chaos. I, myself, made contacts with authorities of the country. On the election day, I called the Judiciary Chief [Ayatollah Mahmoud Hashemi Shahroudi] twice, the Prosecutor General [Qorban-Ali Dorri-Najafabadi] two times, the Majlis Speaker [Ali Larijani] twice, and the Office of the Leader of the Islamic Revolution [Ayatollah Seyyed Ali Khamenei] four times to raise issues about the pre-planned scenarios.

Mousavi, the former prime minister who worked under the founder of the Islamic Revolution, added that he had dispatched a team to see Interior Minister Sadeq Mahsouli, “but, surprisingly, he refused to meet” with them.

Mousavi's challenge to the regime is also featured: “We are confident that an atmosphere of mistrust would not have been created in the country if a fair attitude had been adopted [after the election], to the demands of the Iranian people, and if the media had been prevented from attributing the nation's will to foreigners and diverting facts.”


1700 GMT: In Case You Missed It. Yesterday US Secretary of State Hillary Clinton issued a statement calling on "Iranʼs leadership to quickly resolve all outstanding American citizen cases". These include the detentions of Iranian-American academic Kian Tajbakhsh, whose situation we have profiled on Enduring America, and three American hikers, who were seized when they crossed the Iraq-Iran border.

1640 GMT: Mir Hamid Hassanzadeh, who ran Mir Hossein Mousavi's Ghalam News website during the Presidential campaign, has been released on bail after 11 days in detention. Dr Saeed Shirkavand of the Islamic Iran Participation Front has also been freed on bail.

1625 GMT: Tehran Trial Twist. For the first time, an Iranian state media outlet has carried details of a denial of the charges against post-election political detainees. Press TV's website leads with, "The defense attorney of one of the post-vote detainees has described as 'severe' an indictment that charged his defendant with throwing a hand-made grenade."

The article continues with a specific description of the allegation against Meisam Ghorbani and the attorney's rebuttal rather, than as has been typical of state media reporting, focusing on the prosecution's description of foreign intrigue for a "velvet revolution".

1610 GMT: A Moscow Tilt against Ahmadinejad? The Russian company Megafon now denies that it will start a new mobile phone operation in Iran.

1600 GMT: More Cabinet Rumours. Hossein Sobhaninia, the deputy head of the Parliament's National Security and Foreign Affairs Commission, has told Mehr News Agency that Saeed Jalili (currently head of the President's National Security Council) will be next Foreign Minister and that the current Defence and Interior Ministers, Mostafa Mohammad Najjar and Sadeq Mahsouli, will swap positions. He added that he was incensed by Ahmadinejad's failure to consult with the Commission before these cabinet changes.

1150 GMT: Yeah, Yeah, Whatever. Besides announcing some of his Cabinet choices on Iranian television, President Ahmadinejad trotted out the "foreign interference" line, on the same time that 28 more defendants went on trial. Ahmadinejad told the "West", "This time you clearly interfered in Iran's domestic affairs and you thought you would be able to harm the Islamic nation. You should be held accountable for your actions but we know very well the fuss you created in the world is not a sign of your authority but rather it is a sign of your weakness and downfall."

1110 GMT: An EA correspondent writes, "In the end the Intelligence Ministry did not end up in the hands of [Basiji commander] Hossein Taeb, but it appears that the IRGC [Revolutionary Guard] is as present as ever. According to Fars News, [Heydar] Moslehi was Imam Khomeini's representative in the Khatam al-Anbia and Karbala military bases during the Iraq war and, more importantly, the Supreme Leader's "representative with the land forces of the IRGC and deputy of the Islamic Propaganda Organisation". Hence he is a solid Khamenei acolyte with strong ties to the IRGC. He is also currently a deputy to Ahmadinejad for Islamic University Affairs and Khamenei's representative in the lucrative Waqf Foundations Qrganisation.

1100 GMT: Fars News has now published the indictment and photographs from today's Tehran trial.

1050 GMT: The two women announced today by President Ahmadinejad in his Cabinet choice, to lead the Welfare and Health Ministries, are Fatemeh Ajorloo, a conservative MP from Karaj, and Marzieh Dastjerdi, a gynaecologist.

According to Dastjerdi's biography, just published by Mehr News, she is a solid stalwart of Iran's health establishment, having served in the women's section of the Cultural Revolution Council and the top management of the Health Ministry. She is currently on the board of trustees of the Medical Sciences College of Tehran, of which she is also head of international relations.

1030 GMT: An Iranian website is reporting a statement from the "conservative" Society of Teachers and Researchers of Qom, whose members include Mohammad Yazdi and Ahmed Khatami, calling on the Government to ensure detainees' rights and to curb illegal actions committed during arrests and detentions.

1015 GMT: Confusion on the Internet over the demonstration of support for Etemade Melli, originally proposed by Mehdi Karroubi for Monday. As we reported earlier (0720 GMT), Karroubi's office cancelled the demonstration after threatened attacks by Government backers did not materialise on Saturday. A Facebook site run by supporters of Mir Hossein Mousavi, however, continues to maintain the call for protest.

Because the newspaper is closely connected with Karroubi's party, also called Etemade Melli, and because the information on the party's website is co-ordinated with Karroubi, we are treating his office's announcement --- still the lead item on the website --- as the latest information.

1000 GMT: Back to our first story of the day. President Ahmadinejad has just spoken live on Iranian TV. He says the full Cabinet will be named on Tuesday, but some names have been confirmed. Two women, for the Welfare and Health Ministries, will be proposed. Hojatoleslam Moslehi will be nominated as Minister of Intelligence. Ahmadinejad promised at least one more female minister in the full Cabinet.

0940 GMT: A New Challenge to Khamenei? On Friday, we reported and analysed the first wave of a constitutional move against the Supreme Leader's authority, with the statement of former MPs and Ayatollah Dastgheib's move for an emergency meeting of the Assembly of Experts.

This may now be building from "significant" to "important" story with the revelation, in Mowj-e-Sabz, of "a second wave". A number of high-ranking clerics from Qom, Mashad, and Isfahan have sent an open letter to the Assembly of Experts, asking them to re-evaluate the credentials of the Supreme Leader.

Using the words of Law Number 111 of the Constitution, the clerics assert that the necessary conditions of prudence and justice that are essential for any Supreme Leader have not been met. Therefore, according to the principles of Islamic jurisprudence set by Ayatollah Khomeini, Khameini is and must automatically deposed.

Some cautions with the report: Mowj-e-Sabz has a marked political stake in the story, as it is the website of the Green opposition. And the names of the clerics are not known, as they have been withheld out of consideration for their safety. Still, if true, the report indicates the growing pressure against the Supreme Leader.

0755 GMT: Fars News has an initial report on today's trial of 25 detainees for incitement of "velvet revolution". The indictment accuses them generally of "creating chaos and general disarray after the recent elections" and specifically of making bombs and distributing weapons.

0750 GMT: Propaganda of the Day. Keyhan writes, "Girls that have been recently arrested in the latest unrest and their families" want Mehdi Karroubi to be taken to court and be punished. Keyhan claims that these girls and their families believe, "From the time Karroubi published his letter our friends and relatives look down upon us and our reputation has been besmirched....Karroubi is a power-hungry liar and we can only regain our reputation by proving the falsity of his statements in court."

0730 GMT: Further to our first update on 72 hours for the President. Ali-Akbar Javanfekr, Ahmadinejad's press spokesman, says the President will introduce his cabinet to Parliament on Tuesday or Wednesday.

0720 GMT: Mehdi Karroubi has responded to the attacks upon him in Friday prayers in Tehran:

Unfortunately a number of Friday Imams have abused the sacred position of Friday prayers and have used the market of false accusations, lies and infamy to sell their religion and have insulted the holy institute of Friday prayers....I had written a letter because I was concerned [about issues] and felt that it was my duty to respond, some individuals welcomed this letter others criticized it; however, this issue should not become a pretext for destruction, false accusations and insults. I welcome both approbation and criticisms; however, I can not remain indifferent to those who insult and those who have sold their religion for filthy lucre and I will most certainly respond to them in the near future.

Meanwhile, Karroubi's office has called off the demonstration of his followers scheduled for Monday: "Because the demonstration of the critics that was scheduled Saturday did not occur and the operation of Etemade Melli (newspaper) is continuing with no impediments, we are requesting that all supporters to demonstrate their good intentions by refraining from gathering arround the office of Etemade Melli. We would like to take this oppurtunity to thank public support that has been shown towards the personnel, editors and reporters of this newspaper....We would also like to thank the security forces that have maintaned calm and order around the office of the newspaper.

0700 GMT: Amidst a relatively quiet morning, we've concentrated on a special analysis on the fight over Iran's judiciary, marked by the appointment of Mohammad Sadegh Larijani as its head yesterday, and the wider contest between clerics, politicians, and the Revolutionary Guard.

At the same time, we're now starting to watch the clock on the future of the President. Not sure many have noticed, but Mahmoud Ahmadinejad has 72 hours to get approval from Parliament of his choices for Cabinet ministers. Otherwise, under Iranian law, the way is out for dissolution of the Government and new elections.

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2025 GMT: Green movement youth branch members Saeed Noormohammadi and Zoya Hasani have been released from detention.

2015 GMT: A Nice Message to Close the Day. The commander of the Basiji militia, Hossein Taeb, has declared that if Mehdi Karroubi's allegations of sexual abuse of detainees are proven to be a lie, Karroubi is "debauched" and "sinful" and should receive 80 lashes.

1810 GMT: Maryam, from the excellent blog Keeping the Change notifies us that she has translated into English a graphic, moving account by the Iranian journalist Babak Dad, "The Rapes Inside Iran's Prisons: The Story of One Anonymous Victim and a Call to the People of Iran". She introduces it, "It is, in short, a beautifully written and lyrical piece, providing the personal, yet socially critical, perspective on the rape allegations that we did not know we were missing until Mr. Dad brought it to our attention."

Dad has also been interviewed by the Voice of America about the account.

1720 GMT: In the morning, we're going to offer a detailed analysis --- after today's appointment of Mohammad Sadeq Larijani as the head of Iran's judiciary --- on the battle over the judiciary, and its wider implication for the political manoeuvres between the Supreme Leader, the President, Hashemi Rafsanjani, the Green opposition, and even (perhaps especially) the Revolutionary Guards.

For now, here's a teaser from the announcement on Ayatollah Khamenei's website that points to the tightrope walked by the Supreme Leader:

His Eminence Ayatollah Khamenei, Supreme Leader of the Islamic Revolution, has appointed Ayatollah Agha Hajj Shaykh Sadegh Larijani to the head of the judicial system. The text of the decree of the Supreme Leader of the Revolution follows:

In the name of God,

The Gracious Hojatoleslam Agha Shaykh Sadegh Amoli Larijani, esteemed scholar ... given that the extended period of leadership of Ayatollah Hashemi Shahroudi within the judiciary has come to an end....

Note the titles we've put in boldface. "Ayatollah" is a higher clerical rank than "Hojatoleslam". Larijani can be referred to as "Ayatollah" initially by the Supreme Leader, not by virtue of his religious standing but because of his membership on the Assembly of Experts and the Guardian Council. After that, Khamenei retreats to the title "Hojatoleslam".

An EA correspondent interprets, "Khamenei was trying to keep the Najaf and Qom seminaries from openly criticising him on the choice with the careful use of the titles. Meanwhile, he has nominated a non-specialist to lead the judiciary and kept other conservatives at bay, such as Ali Larijani and [Mayor of Tehran] Qalibaf by giving them a consolation prize."

More --- much more --- tomorrow morning.

1600 GMT: Mir Hossein Mousavi's website, Ghalam News, is still down. It has been out of service for at least 24 hours.

1500 GMT: Barazou Daragahi of the Los Angeles Times reports, from the Iranian Labor News Agency that Mir Hossein Mousavi has announced a "Green Path of Hope" to organise the political movement that arose before and after the Presidential election. Speaking to a group of doctors, Mousavi said, “Numerous volunteer and independent social networks throughout the society form the body of this movement. The Green Path of Hope is in fact aimed at regaining people’s denied rights.”

Building on the theme of recent weeks, Mousavi used the issues of detentions, confessions, and trials as a touchstone for political concerns, “We would not have witnessed so many crises today had [the authorities] adopted fair positions and respected people’s rights, instead of humiliating people on state television. Instead of accusing million-strong demonstrators of connection to foreigners, you have to find those who are waging a poisonous propaganda war on our people."

What is uncertain is how much Mousavi's announcement amounts to a "political front", even though that is label used by Daragahi, with no indication yet by other opposition leaders of their approach to the Green Path of Hope.

1425 GMT: Report from Etemade Melli (political party) website that security forces around Etemade Melli (newspaper) are increasing but situation under control.

1340 GMT: Reuters is reporting, from the Supreme Leader's official site, that Ayatollah Khamenei has appointed Mohammad Sadegh Larijani as head of Iran's judiciary, saying "in a letter to Larijani that he hoped the judiciary would flourish under him".

What Reuters does not ask is why the appointment was made today in a letter rather than in the ceremony scheduled for today. Indeed, the news agency garbles the story, "Some reformist websites had recently reported that Larijani was hesitant to accept the position because of the mass arrests of moderate detainees."

In fact, and in line with the analysis we posted in a separate entry today, Khamenei is pushing through the appointment --- albeit with little fanfare --- against the opposition of supporters of President Ahmadinejad. What is unclear is whether Larijani's reported demand, the cessation of cases against political detainees, will be met.

Instead, as the Iranian Students News Agency reports, trials for another 25 detainees will begin on Sunday. They will join the more than 100 prisoners who have already been in the dock.

1325 GMT: Safety Valve. The Iranian regime, according to Mehr TV, is trying to ease pressure by firing and pressing criminal charges against 12 police officers and a judge associated with the Kahrizak detention facility.

1145 GMT: The Conclusion of a Pre-Election Story. Rather quietly, Iranian-American graduate student Esha Momeni returned to the United States on Tuesday after detention and then a ban on leaving Iran. In April, we profiled the arrest of Momeni, who was working on a thesis on the women's right movement in Iran. She was detained in October 2008 when her research included the filming of a documentary on the activists and charged with “endangering national security” as an “agent of Western powers”.

Momeni has given an extended interview to journalists at her university, California State, Northridge. We've posted the video as a separate entry.

0930 GMT: When the Threat to a Supreme Leader Becomes "Real". This morning's interview with Al Jazeera English went well. AJE is an excellent operation, so we were able to set out the challenge to Ayatollah Khamenei both from former MPs, who are no doubt acting as a vanguard for other groups within the secular establishment, and from some senior clerics.

What struck me after the discussion was how a story becomes "mainstream". Enduring America had this information Thursday night and ran an extended analysis yesterday morning. However, the "threat" only becomes real when the big boys of the media decide to give it that label. So this morning, Al Jazeera English decided to feature the story when the Associated Press put it on their newswires. The Wall Street Journal and the Los Angeles Times also have detailed articles.

So I guess it's time to take the analysis to the next level. In the interview with Al Jazeera English, I suggested that the move against Khamenei should be seen in the context of a rebuttal to the campaign that has been waged against former President Hashemi Rafsanjani. That is especially true in the Assembly of Experts, where some pro-Ahmadinejad members had tried to limit Rafsanjani's influence. So one logical way "forward" is a settlement between Khamenei and Rafsanjani. But, in that case (and remembering the complexity of such a settlement, which would have to consider the Supreme Leader's power and authority), who would be the big loser?

Step up, Mahmoud Ahmadinejad.

0920 GMT: We have now posted Mehdi Khalaji's provocative analysis of Mohammad Sadegh Larijani and Iran's judiciary, adding our own interpretation.

0755 GMT: More on one of our last stories from yesterday. In response to the leaflets, spread by the Ansar-e Hezbollah groups at Friday prayers, calling for a "gathering" in front of the Etemade Melli newspaper, Karroubi has stated, "We always welcome the opinions and presence of critics and we will hear all of their suggestions and criticisms and we shall reflect these opinions in Etemade Melli." Karroubi also requested that the friends and supporters of Etemade Melli "refrain from gathering in front of the newspaper on Saturday so that our rerporters can interview these critics under calm conditions". Karroubi concluded with a message to his supporters " I will join you in the gathering taking place in front of the offices of Etemade Melli on Monday at 16:00 local time to thank those in charge of the newspaper and to get feedback from you".

The editor-in-chief of Etemade Melli has asked Tehran's prosecutor and head of police to provide security for the newspaper.

0745 GMT: Another Stick for "Conservatives" to Beat Themselves. The proclamation of Ayatollah Mesbah-Yazdi, a staunch supporter of Mahmoud Ahmadinejad, that "obedience to the President is like obedience to God" has angered many "conservatives". The newspaper Jomhoori Eslami has pointed out the inherent hypocrisy in Mesbah's proclamation: "If Mr. Mesbah-Yazdi's statement is accepted, he must confess that he himself is a great sinner because, during the eight years that Mr Khatami was President, he encouraged everyone to disobey and confront the President....Even during the last four years, Mr Mesbah has also occasionally sinned against God by expressing his disagreements with Ahmadinejad."

0727 GMT: A slow-ish start to the day, but an unexpectedly busy Friday which exposed the challenges that persist for the regime. The Friday prayer address of Ahmed Khatami, despite his hard-line rhetoric against the "devil's tools and facilities" of the opposition and its leaders, was overshadowed by both secular and clerical challenges to the Government.

Three stories, all of which we noted yesterday and feature today, continue to lead that challenge. The first is the "Karroubi letter" on abuse of detainees, now taken up by Hashemi Rafsanjani in a demand for action. In a separate entry, we highlight an interview with Rafsanjani's brother, Mohammmad Hashemi, which sheds some light on the former President's concerns and motives.

The second story is the unexpected delay in the confirmation of Mohammad Sadegh Larijani as head of Iran's judiciary, which points to fighting between President Ahmadinejad and "conservative" and "principlist" critics of his politics and actions. Although Fars News says that Larijani's ceremony will take place on Monday, the tension is still present. We have a profile of Larijani and an analysis of Iran's judiciary in a separate entry.

The third story is the emerging challenge to the Supreme Leader's position, with both individual Ayatollahs and former MPs calling for a review of his authority. I am interviewing live with Al Jazeera English in 60 seconds on this, so will be back later with details.

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.