| Ayatollah Seyyed Mahmoud Hashemi Shahroudi | |
|---|---|
| Chief Justice of Iran | |
| In office 30 June 1999 – 30 June 2009 |
|
| Appointed by | Ali Khamenei |
| Preceded by | Mohammad Yazdi |
| Succeeded by | Sadeq Larijani |
| Personal details | |
| Born | 1948 Najaf, Iraq |
| Nationality | Iranian |
| Political party | Independent |
| Religion | Shia Islam |
Grand Ayatollah Seyyed Mahmoud Hashemi Shahroudi (آیت الله سید محمود هاشمی شاهرودی) (Born 1948 in Najaf, Iraq[1]) is a moderate [2] Iraqi-Iranian politician and Twelver Shi'a Marja.[3][4][5] Hashemi Shahroudi was the leader of the Supreme Council for the Islamic Revolution in Iraq, which has caused objections to his serving as the head of Iran's Judiciary System upon his appointment to the post. He served as head of the Judicial System till 2009. He is currently a member of the Guardian Council.
Upon accepting his position as the head of Iran’s Judiciary system, Mr. Shahroudi proclaimed: "I have inherited an utter ruin from the previous judiciary [referring to Mohammad Yazdi's 10 years in office]."[6][7] He appointed Saeed Mortazavi, a well known fundamentalist and controversial figure, to Prosecutor General of Iran, but was prevented by hardliners from stopping his violent acts against dissidents or removing him from power.[8] One of the main bills Shahroudi submitted to the Iranian parliament is the so called Ghanoon-e Mojaazaat hay-e Jaay-gozin or Decriminalization Bill. In July 2011 he was appointed by Supreme Leader Ali Khamenei to head an arbitration body to resolve an ongoing dispute between president Ahmadinejad and parliament.[9]
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In 2001, The Judiciary system prosecuted several reformist members of parliaments for their speeches and work in the framework of their post. Iranian constitution gives immunity to members of parliament and the courts have no right to put MPs on trial for their speeches in the parliament. The incident led to a major conflict between Iranian president Mohammad Khatami and Chief of Judiciary Hashemi Shahroudi. Khatami protested to the courts' prosecution of MPs, saying the practice contravened a political immunity which the Iranian Constitution has provided for the deputies. The notice prompted Hashemi Shahroudi to respond, calling Khatami's letter "a surprise." "Since judges, according to the Constitution and ordinary laws as well as the jurisprudential principles, are independent in their interpretation of the law and issuing verdicts, nobody -- not even the judiciary chief -- has the right to impose its interpretation of the law on judges," Shahroudi said in part of his letter to President Khatami.[10] Shahroudi denounced reformist MPs, saying they weakened parliament by defending "westernized" journalists and other liberals.[11]
Decriminalization Bill (in Persian: تعيين مجازاتهای جايگزين) refers to a legal bill submitted by Iranian Judiciary system to Iranian parliament aiming at substitution of imprisonment and execution in Iranian legal system. The bill is considered one of the most important legal bills prepared by Iranian judiciary system since Iranian revolution and since Shahroudi took the office.
According to the bills, for all minor crimes, whose punishment is less than six months of imprisonment, imprisonment will be substituted with social penalties. This category of crimes include crimes related to traffic, environmental, medical, family, cultural and hunting offenses. The bills also demands that criminals undergo an educational or skill training course held by the judiciary system.[12][13]
The bills also addresses the crimes conducted by minors, the three age categories 7-12, 12-15 and 15–18 years old criminals, similar to Iranian criminal law in 1925. Particularly all crimes that are punished by execution for adults, will be replaced for these age categories. The bill is based on several years of continuous discussion with religious scholars at the seminaries.[14][15] According to the bill, the crimes conducted by children of 7–12 years old is not punishable. For age category of 12-15 and 15-18, imprisonment is removed and replaced by mandatory training and education programs. For the age category of 15-18, execution is applied for crimes like murders if and only if the judge is confident that the criminals are mentally developed as adults and the crime is conducted intentionally and with a well-thought-through-plan. However for teenagers by default and for young adults (older than 18) with low mental development, execution is not used as punishment.[16]
In 2009, the bills was approved by the judiciary commission of Iranian parliament. The bill will be functional after the approval of the parliament and the guardian council.
Shahroudi is most notable in the West for instituting Iran's 2002 moratorium on stoning as a form of capital punishment. The penalty remains on the books however, leaving open the possibility that the moratorium could again be overturned as it was in 2006 and 2007.[17][18][19][20]
In 2009, Hashemi Shahroudi offered a bill to Iranian parliament that targets the independence of Iran's Bar Association.[21][22] According to this bill, lawyers will be watched by the Iranian ministry of Intelligence and their credential depends on the approval of the intelligence service.
In 2009, Shahroudi issued an order to restrict people's access to Iranian Satellite TV Channels and to prosecute Satellite TV Channel staffs whose opinion is not in line with that of the Islamic Republic.[23] People who support these channels and internet users who act not according to the line of the constitution, will be punished with up to five years of imprisonment.
In July 2011 he was appointed by Supreme Leader Ali Khamenei to head an arbitration body to resolve an ongoing dispute between president Ahmadinejad and parliament. The five-member body Shahroudi heads is made up of "hard-liners known for their opposition to any reforms within the ruling system", according to the Associated Press news agency.[9] The appointment was seen as a move to sideline or weaken former President Hashemi Rafsanjani who heads the Expediency Council, a body set up to arbitrate disputes within the ruling system in the Islamic Republic. [9] Rafsanjani had alienated Khamenei and the Islamic establishment with "his tacit support" for opposition to the controversial June 2009 presidential elections results that re-elected president Ahmadinejad.[9]
Mahmoud Shahroudi has received criticism from a number of Iranian scholars and lawyers. Mostafa Mohaqqeq Damad, a well known Iranian scholar and expert on Islamic law, wrote a letter of criticism in August 2009.[24][25][26]
| Legal offices | ||
|---|---|---|
| Preceded by Mohammad Yazdi |
Head of judiciary of Islamic Republic of Iran 1999-2009 |
Succeeded by Sadeq Larijani |