Leader’s judicial guidelines, calls negotiation with enemy “deception” (2)

Leader of the Islamic Revolution, Ayatollah Seyyed Ali Khamenei, granted audience to the head and officials of the Judicial Branch on Wednesday June 26.

At the meeting which was held on the occasion of Judiciary Week marking the martyrdom anniversary of Chief Justice Ayatollah Seyyed Mohammad Hussaini Beheshti, the Leader gave guidelines on promoting social justice in society on the basis of the dynamic teachings of Islam, and ruled out the notion of negotiations with the US on the international nuclear accord which the Donald Trump administration has lawlessly breached.

Now we have the second and last part:

Ayatollah Khamenei said: “Of course, there are many attempts to slander and attack the Judicial Branch and I am aware of it. They speak and write against the Judiciary much more than what the reality is. In the present time, there is cyberspace as well, which is an unrestrained and unbridled apparatus where everyone says whatever they like. These things are of no significance and should not prevent you from doing your work. Do you know anyone who is more fair-minded in the whole world and in the history of humanity than the Commander of the Faithful, Imam Ali ibn Abi Taleb (AS)? He, who was the Epitome of Justice, was accused of injustice! Well, they say such things and they say them against everyone: against the Prophet of Islam, against other prophets, against Imam Ali (AS), against God Almighty, and against you too. Let them say whatever they want. This should not prevent you from doing your work.

“Another point which is very important is the issue of public portrayal of the Judiciary. You might be very good and honourable, but a certain incident or incidents might occur which prevents that honourability, trustworthiness and sincerity from being conveyed to the people. As a matter of fact, the opposite might be reflected. This is a very bad phenomenon. What should be conveyed to the people is that the Judicial Branch has no such negative characteristics:

“First of all, it should be shown that it has wisdom: in its appointments, in its decrees, in its conduct and in its statements. It should show that it enjoys wisdom. In particular, the high-ranking officials of the Judicial Branch can play a part in this regard.

“It should show that it is knowledgeable about jurisprudence. It should become clear that it is a knowledgeable organ; that it works on the basis of knowledge and scholarly pursuit. Knowledge here, means knowledge about the law and fiqh. In the Judicial Branch, the principles of jurisprudence are fiqh and the law.

“It should be shown that it is willing to listen. It should have the patience to listen. This includes in the public prosecutor’s office – the interrogators – in facing public prosecutors and finally, in the court of law when facing judges. You should listen to both the plaintiffs – those who have filed a complaint – and the accused – those who defend themselves against complaints. You should completely listen to them to see what they have to say. You might disagree with them, but you should listen anyway.”

The Leader of the Islamic Revolution said: “Another characteristic is power and decisiveness. You should enjoy wisdom, knowledge, the patience to listen and also power. It should be known that the Judiciary is powerful and that it acts on its decisions in a decisive manner. However, when judicial cases are delayed and put off – a matter that I have reiterated many times in my meetings with the judiciary officials – this is kicking this characteristic in the teeth! When a case lasts for one, two, five, ten years, this means that the Judiciary is suffering from “what should be done; what should I do?” It shows that it does not know how to act. This cannot be! They should act on whatever decision that they reach.

“Well, what should we do to create the proper image of the Judicial Branch in the minds of the people? This should be done through your conduct, your statements, your performance and your correct promotional activities. Of course, various other organizations, the IRIB and others should help as well. The Judiciary belongs to the Revolution, to the people, to the country. Therefore, all organizations should help this happen.

“It should not be the case that they broadcast and publish a minor incident on TV and in the press – like cyberspace where everyone says whatever they like: a vague incident for which there is not enough evidence. This will lead to undermining the Judicial Branch. This should not be the case. So, this public portrayal falls on everyone. It falls on you and others as well.

“The next point is about appointments. Notice that Imam Ali (AS) has a well-known edict to (his governor of Egypt) Malek al-Ashtar. It is his lengthiest writing [Nahjul Balaghah, Letter 53]. In it, there is a section related to the Judiciary. It is not a convention as some misbelieve, rather it is a command. “Command” means edict. First, he says to him, “For the settlement of disputes among people, select him who is the most distinguished of your subjects in your view.” He asks Malek al-Ashtar to choose the best people for judgement. “The best” is very important!

“After that, he mentions the characteristic that this superior person should have: there are ten, twelve characteristics. You should refer to it. I strongly request that everyone – in particular, the managers in the Judicial Branch and those who are in charge of appointments – read it. Imam Ali (AS) mentions characteristics which are exactly compatible with the needs that we feel. He has enumerated all of them and he has stated that judges should possess such qualities. So, appointments are very important. The vetting process of selecting individuals is very important: both appointments and the vetting process. When you want to select a judge, when you want to appoint him to certain tasks, you should definitely look at and refer to these characteristics. I strongly request that you refer to this part of the letter by Imam Ali (AS) – the decree to Malek al-Ashtar.”

Ayatollah Khamenei further said: “Another point, which is the last one, is that the responsibility of the Judicial Branch is to implement the law, to assert the people’s rights and to mete out punishment, but within this important steel wheel of the Judiciary, there must be softening instruments as well. There are certain things which “soften” both the Judiciary Branch itself and the products of its work. Inside the Judicial Branch, this is done through observing ethics, in particular refraining from being bad-tempered towards applicants. The same is true of one’s behaviour towards subordinates, but more importantly towards applicants. You should promote good-temperedness. You should deem it your responsibility to behave towards them in a good-tempered way. Interrogators in the process of interrogation, and public prosecutors in the process of arguing with the accused or their lawyer should be good-tempered. They can present their arguments, but they should do so in an ethical way.

“Some of the things that westerners do – and they release films of it: for example, a public prosecutor speaks in such and such a tone and uses such and such disrespectful words – first of all, many of them are lies. Secondly, you should not copy westerners. You should look and see what Islam says and what Islamic instructions are in this regard. You should behave in a good-tempered way. Sometimes, judges argue with the accused. They ask and answer questions, but these things should be done in an ethical, soft and patient manner. This is about behaviour of the Judiciary.

“Where there is hostility in certain cases, you should advise people to forgive. In Islam, there are narrations about family matters which say, for instance in ayah 128 of Surah Nisa:

“If they reach reconciliation between themselves; and reconcilement is better”.

“They should do something to help people make up with each other. On the issue of settling disputes related to family issues – the work related to dispute settlement councils: of course, this should be done in a correct way – this is the same as involving ethics on the matters related to the Judicial Branch. Well, these matters were about the Judiciary.”

The Leader of the Islamic Revolution said: “As for current political matters, the Iranian nation has thankfully displayed dignity, greatness and power in the true sense of the word. This claim is not related to recent incidents – of course, these incidents provide another example – rather, throughout the past 40 years, the people have really shown this. When you see that politicians, diplomats and the like keep saying through foreign news media that Iran cannot be brought to its knees with pressure, sanctions, threats and so on and so forth, this does not originate from the events of the last month or the past two, six months, rather it originates from 40 years of movement on the part of the Iranian nation.

“With the Revolution, the people of Iran broke out of the shell of subservience and humiliation which had been imposed upon them. Iranian identity has displayed itself with Islamic characteristics. The Iranians demand dignity, independence and progress. That is why they are not influenced no matter how much pressure the unjust enemies exert. You only need to look at various rallies, at the Quds Day rally and the 22nd of Bahman rally. It is 40 years now that they have been doing so. Is this a minor issue?

“You only need to look at elections. They created many obstacles in the way of the country’s elections, but the people show their presence in various elections with really praiseworthy determination and willpower. At the end of the year, there is another election. Despite the doubts that some persons create, I know that the people will participate in the elections with enthusiasm and excitement. These incidents exhibit the greatness of the Iranian nation.

“Now, they accuse this great, courageous and reputable nation. Who does so? The most vicious regime in the world, in other words, the US administration! The most vicious regime and political system – one that is the main factor in waging wars, in shedding blood, in creating discord and in looting nations in the course of a long history, not just for the past 10, 20 years. And the most hated figures in such a government are accusing the Iranian nation! Every day that passes, they swear at the Iranian nation and insult them in some way. The Iranian nation is not moved by these insults. The Iranian nation will not retreat in the face of such insults and words of abuse!

“The Iranian nation has become subject to an act of injustice – these oppressive sanctions are a clear act of injustice against the Iranian nation.”

Ayatollah Khamenei said: “The Iranian nation has been subject to oppression, but it is not weak. The Iranian nation is powerful. By Allah’s favour and grace, the Iranian nation will reach the goals that it has set itself in a powerful way.

“We have been oppressed, but we are not weak. We are powerful. The main and most important reason behind the power of the Iranian nation is belief in Divine Assistance. As stated in ayah 46 of Surah TA HA: “He (God) said, ‘Do not be afraid, for I will be with the two of you, hearing and seeing [whatever happens].”

“It means Allah the Exalted is with us. He is helping us. A sign of this assistance is these 40 years of plotting against us. They exerted so many pressures. They waged wars, created sedition and made attempts to infiltrate, and pit terrorists against the people. They did thousands of indecent and treacherous things to this nation. However, the Iranian nation stood firm like a mountain and it became stronger on a daily basis. Today, it is even stronger and more powerful than 10, 20 years ago.

“Now that they have failed to attain their goals through pressures and the like, thinking that the Iranian people are a naïve and simple-minded nation, they say, “let us negotiate so that you can make progress.” Yes, the Iranian nation will surely progress - but without you! If you come, there will be no progress! You, the English and others used to be in control of everything in this country for 50 years during the Pahlavi period– in particular, the US enjoyed this domination for about 30 years during the rule of the second Pahlavi, making our country regress on a daily basis! You cannot be an element of progress. You are an element of the Iranian nation’s backwardness! The Iranian nation will make progress provided that you do not get close.”

The Leader pointed out: “They say, “let us negotiate.” Negotiation is a deception. Negotiating what? You have a weapon at your disposal and therefore, he (Donald Trump) does not dare advance. Therefore, he says, “Give me your weapon or drop it so that I can do whatever I want to you and so that I can create all kinds of disasters for you.” This is what negotiation is. If you accept what he says in this negotiation, you will be done. And if you do not accept his terms, there will be the same situation: the same skirmishes, the same fuss and the same propaganda campaigns. They will say, ‘they do not accept these sensible terms’. And they will rant and rave about American human rights and the same nonsensical remarks. They kill more than 300 people in an [Iranian] airliner and they claim to be advocating human rights! They help the Saudis by cruelly bombarding the people in Yemen: the people in the market, in the mosque, in joyous and mourning occasions, in the hospital and in other such places - and then they claim to be supporting human rights! They are like this.

“No, the Iranian nation has found its way. Our path has been rendered by the Revolution. It was our magnanimous Imam Khomeini (RA) who rendered it. Our goals are clear-cut. In the past decades, these goals have reappeared time and again and they are valuable and attractive goals: achieving welfare, social dignity, maximum rationality, advanced and superior science, social tranquility and social security. These are our goals which Islam has set for every nation. Islam has set these goals for us too and we have always pursued them. Despite the foolish desires of the enemy, we will reach them all!

I hope that God will bestow success on you and us so that we can carry out the duties which we have undertaken in the best way possible, Insha Allah (God Willing).”

AS/ME