Islamic Revolutionary Court

The jurisdiction of the Revolutionary Courts, as amended in 1983, encompasses^[7]

All of the offenses against the internal and external security of the Country, combating and behaving in a corruptly manner on the earth.
Uttering slander against the Founder of the Islamic Republic of Iran and the Honorable Leader.
Conspiracy against the Islamic Republic of Iran or carrying arms,^[8] use of terrorism, destruction of building against the Islamic Republic.
Engaging in espionage for aliens.
All crimes involving smugglings and narcotic items.
The cases pertinent to Article 49 of the Constitution of Iran.

Disputes over jurisdiction between the Revolutionary Courts and Iranian Penal Courts are resolved by the Iranian Supreme Court. To date, according to the Lawyers Committee for Human Rights, "it appears that there is a tendency to extend the jurisdiction of the Revolutionary Courts to all offenses which in the opinion of the authorities are not punished severely enough."^[7]

The trials are not public, there is no jury, and a single judge decides the matter at hand. Information on the trial is disclosed at the discretion of the government.^{[citation needed]}

Revolution

The revolutionary courts were created shortly after the overthrow of the monarchy and the arrival of Ayatollah Ruhollah Khomeini in Iran. The general goal of the court is thought to have been to seek vengeance against officials of Shah's regime (particularly SAVAK) – as many revolutionaries had lost friends and family members at the hands of the government – and to eliminate military and civilian leaders who might foment a counter-revolution against Islamic rule.^[2]

The first tribunal was convened secretly in Refah School in southern Tehran where Khomeini had set up his headquarters. The first four death sentences were issued by Hojjat al-Islam Sadegh Khalkhali, approved by Khomeini, and carried out in the early hours of February 16, 1979. By early November, 550 people – mostly military and SAVAK – had been sent to the firing squads by revolutionary tribunals.^[2] Revolutionary Tribunals were set up in the major towns, with two courts in the capital of Tehran – one each in the prisons of Qasr and Evin, and one traveling tribunal for Sadegh Khalkhali who was known for handing out many death sentences. The courts presiding judges were clerics appointed by Khomeini himself.^[9]

At least at first, the revolutionary courts differ from standard Western law courts by limiting trials to a few hours, sometimes minutes. Defendants could be found guilty on the basis of "popular repute." The concept of a defense attorney was dismissed as a "Western absurdity." A charge that was widely applied against defendants but unfamiliar to some was Mofsed-e-filarz, or "spreading corruption on earth". This covered a variety of offenses – "insulting Islam and the clergy," "opposing the Islamic Revolution," "supporting the Pahlavis," and "undermining Iran's independence" by helping the 1953 coup and giving capitulatory privileges to the imperial powers".^[9]

The secrecy, vagueness of charges, lack of opportunity for defendants to defend themselves came under criticism from people such as Ayatollah Mohammad Kazem Shariatmadari, Hassan Tabatabai-Qomi and Prime Minister Mehdi Bazargan. But the court's swift and harsh sentences also had strong support from both Islamists and leftist groups such as the Tudeh party and People's Mujahedin of Iran. Khomeini responded to complaints saying that "criminals should not be tried, they should be killed". Judge Khalkhali stated "The revolutionary courts were born out of the anger of the Iranian people and these people will not accept any principles outside Islamic principles". Attempts by Bazargan to appeal to Khomeini to restrict the courts only led to the courts becoming "stronger and more firmly entrenched".^[2]

Since 1980

According to political scientist and historian Ervand Abrahamian, the Revolutionary Courts participated in the secret mass killings of thousands of imprisoned members of the People's Mujahedin of Iran and other leftist organizations in 1988.^[10]

Although the Revolutionary Court normally deals with major economic and security crimes, in 2006 it was scheduled to try Cartoonist Mana Neyestani and his editor-in-chief Mehrdad Qassemfar "for inciting ethnic unrest" after a Neyestani cartoon triggered protests and violence among the Azerbaijani-speaking population in northwestern parts of Iran after appearing in a weekly supplement "Iran Jomeh."^[11]

In the 21st century some prosecutions by the Revolutionary Court includes:

Iranian-American Washington Post reporter Jason Rezaian was arrested and tried and convicted in a closed-door revolutionary court trial. He was sentenced to an undisclosed prison sentence on November 22, 2015,^[12]^[13] but released in prisoner exchange on January 16, 2016.^[14] On the same day of his release, America released $1.7 billion in frozen Iranian accounts.^[15]
Academic Hashem Aghajari, was tried, convicted and sentenced to death by a Revolutionary Court in the western city of Hamedan^[16] after delivering a speech critiquing the Islamic Republic doctrine of Guardianship of the Jurisconsult, and the religious doctrine of emulation (taqlid), which calls on every Shiite to follow a high-ranking cleric as his or her source of emulation. His verdict was eventually overturned and Aghajari released after paying a large fine.^[17]
Three Iranian Christians (Victor Bet Tamraz, Amin Afshar Naderi, and Hadi Asgar) who were convicted of "conducting evangelism" and carrying out "illegal church activities" in 2017 and each received "a provisional sentence" of 10 years in prison.^[18]

Islamic Revolutionary Court

Jurisdiction

History

Revolution

Since 1980

See also

References

External links

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