tv [untitled] December 31, 2023 10:00pm-10:30pm IRST
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present in tonight's special news talk , we will examine the legal aspects of dealing with the qualifications of volunteers of the islamic legislative council in the guardian council. i will introduce to you the guests of this program , mr. engineer mohsen hashemi rafsanjani, a political activist and the head of the central council of the iran construction agents party, along with mr. mr. dr. mohammad bahadri jahormi, university professor, adviser to the guardian council. by announcing the topic of tonight's special news talk and also introducing the guests, allow me to pray for the viewers of ik sima and invite you to show the details of this talk on khabar and khabar. stay with us.
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mr. engineer hashemi, i greet you. you are very welcome. i also say hello to you and your colleagues and thank you for the time you have given me again. i say hello and good night to my dear viewers. thank you very much, dr. bahadri jahrumi. i greet you , welcome, thank you. i also greet you, your colleagues , and also all the dear viewers whom we serve , because you are an advisor to the guardian council, and in tonight's news conference, we want to review the process of verifying qualifications in the guardian council. you start first of all, let me ask what is your relationship with mr. bahadri jahormi, who is the spokesperson of the government , he is my younger brother, long live the brother of kot , what is the process of proceedings in the guardian council and according to the emphasis of the supreme leader regarding the provision and opening of the competition field for all parties and groups , how much do you think the proceedings
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will help to provide this matter? in the name of god. well, the duties of the guardian council regarding the qualification of candidates are stated in several laws regarding the presidency, in the presidential election law and in the constitution regarding the parliamentary elections. the islamic council in the law on the supervision of the guardian council on the parliamentary elections and in the law on the elections of the islamic council and its by-laws and about the experts. preliminary examination of the qualifications by the executive boards and finally the opinions of the guardian council first by the central supervisory board and then by those who have objections at the central supervisory board stage , the possibility of re-examination of their objections is foreseen in the guardian council itself. and in. the final opinion of the guardian council
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determines the circle of people who are recognized as legally qualified so that competition can take place between them. the guardian council does not have any other mechanism outside of these tools that are provided for in the laws that i mentioned. mr. engineer hashemi, remember that you mentioned in the last program that the type of supervision of the guardian council, i.e. the supervision of the casting, does not hinder my competition. there will be competition. what is your argument? do you agree that there should be supervision in any election , in the name of allah, the merciful, the merciful? first of all, let me make a criticism of radio and television, which invited me again . your people must have asked for it in the previous program . yes, we will say this later. well, seriously the guardian council and that there is a more authoritative solution to the problems for transparency in this matter.
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soroush mahalati, who wrote the book of neutrality, the book of neutrality , and the condition of arbitration, which is a written debate between him and ayatollah kaabi, by the way, about the guardian council and the events of 1988, should be invited, or, for example, mr. mohajeri, who is the editor-in-chief of the jomohri-e-islami newspaper, is a fool in this matter. . they can be invited, but you invited your colleagues and you said to invite these people. yes, i said that other people should be invited because we were here last week. i came too, but i could have done more studies in order for people to understand the subject better . by
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the way, you should thank me for criticizing me, i am criticizing, i thank you for the next programs, you can do this again , just as our dear brother mr. bahadri jahormi said, well, it is the guardian way in the constitution . seen based on the principles of 91 to 99 and naturally a necessity for every election and for the compliance of the parliament's resolutions with the city and the constitution, well , this matter is entrusted to the guardian council, and well, a very suitable combination has been seen for the guardian council, where six jurists and 6 lawyers do this work
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, and if the guardian council is really responsible for the same task as he is entrusted to act, well, with these 12 people, he can easily and well take care of both the islamic republic of the system, the republic of the system , and the islam of the system. he has performed well in his duties, especially in the case of parliamentary meetings, but also in the supervision of elections, which includes two the first part is the qualifications of the volunteers and the next part is the correctness of holding the elections. some criticisms have been made to the guardian council, and even if the guardian council has given appropriate answers , it is not in a good position in public opinion. in any case , it seems that mr. bahadri's presence here
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is for the first time, and it is in this style that the guardian council through a lawyer and a jurisprudence consultant or a consultant of the guardian council to answer some issues. let there be more transparency about the functioning of the guardian council, and i am also happy to be able to seriously address these criticisms among farikhtan and there are people, so i will raise it and answer it here, and both of us will create a serious transparency in the functioning of the main pillars of the islamic republic of iran and make people satisfied. let's say the generalities, not going to the criticisms yet. well, i would like to say a point of objection. hello, we want to get your opinion about the generalities that i mentioned first
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. i will say an objectionable point . they say that this entry of the guardian council is good and not the first time, mr. engineer . other friends and connoisseurs and researchers and the experts of the guardian council, which you mentioned, are only the third time in this program that i have the opportunity to serve the noble people of iran . i remember the first time was in 2014 , there was a debate of more than an hour in the same program, and specifically about the supervisory competences of the council. guardi once, i think it was 96, once in 98, i think it is the fourth time that you are in this program, now there are many programs on university radio, and now there are both me and other colleagues in shura guardi. it may not have reached your knowledge, but it is one of the works of shura garganj, especially in the last two decades he knows that he is obliged to work in that field as well. there is a question of communication with public opinion. now, how much is seen or how much these answers
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are paid attention to, especially from the elite community , the political and legal community, that is a different matter, perhaps proportional to the amount of criticism. and the destruction inside the country. it is so clear and has influenced public opinion that it can be said that people's participation in elections has actually decreased. one of the results of this activity of the guardian council, which i will now find examples of and explain about it . you know, well, the meaning
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of supervision is different in its various aspects. supervision, for example , we have surveys, we have survey supervision , we have acquisition supervision, and we also have acquisition supervision. even look at the case of local supervision, for example, we can give an example, for example, about acting. the whole country is done, and the whole country's return is well monitored by the system and then, but it itself does not issue a decision in any way. he makes a report and then this report first with himself the device keeps getting the answers , maybe sometimes. for example, it takes a year and two years to deal with this
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retroactively, and finally he reached the conclusion and became aware of the violation . to that institution, that person either transfers it to the judiciary and the judiciary deals with the matter as a criminal case, for example , and finally in both places it is examined in the presence of a judge and a verdict is issued, and when the verdict is issued, it is a person or an organization can request an appeal it will go to the appeals court again, it will be reviewed and a verdict will be issued, and in my opinion , i don't know much about the judiciary at that level , but i know that even this person can send this to the supreme court again, and if there, the result will be the same. he didn't take it and he got a verdict. again , he can look for things like 478 478
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to be against the city, and in summary, the proceedings are very serious . it will be referred to another place, well, a survey surveillance, if it is, then like for example, the guardian council , when it is informed of a violation , it informs the concerned body or anywhere else, for example, the ministry of interior or another body, and that body is obliged to deal with this violation and do the work it is responsible for. istababi supervision is defined in this way that now they are more proficient, surely they can give a more precise definition that maybe people are the method of istabib. hearing but they don't know what it really means, maybe many of my politicians don't know, maybe you yourself have a question now, what does this
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istabaq mean? this work is so correct that it is not necessary to handle it elsewhere, if it is going to be handled again , it will be handled by the same body as the guardian council, because it is assumed that the guardian council is right and rewarding in this work, it does its job well and in . the result seems to be that in the case of this arbitrary supervision , it is being done in this way that 12 jurists and maybe lawyers should supervise the cases of individuals or the cases related to the elections by themselves, or refer this to another body and for example , if you calculate that in this election now with a mistake was made in the law and this pre -registration was done. approximately 50 thousand people
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registered and if all these 50 people were supposed to register again in mehr, which fortunately did not happen now, approximately 25 thousand people registered. well, if the guardian council wants these 12 jurists and six of these 12 jurists and lawyers to investigate, if they spend 10 minutes or 20 minutes on each case , they should spend something like 500 days to investigate these. as a result, they are forced to follow a correct style , their supervision is good, but i am forced to judge to give this to people, to apply this to an organization that is now its own sub-category, now they call it their own sub-category and to select a series of people, you know that we have 208 districts in our country now. if there are at least 10 or 20 people working in each area, in order to take care of this number of people
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, they need at least 2000, 3000 to 5000 people . go and do research and read what files, and each of them can have gross mistakes about that person. unfortunately, anyone can be on this person's file. go and give false news to these people, for example, when you go , you will investigate him about him . i am joking a bit, but in general, the questions that are asked about people cause a person to be taken in a wrong direction, and because this person's case does not come to the guardian council for careful consideration
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, it means that they do not spend much time with the jurists. now in the presidential election, the number of candidates is very few, the jurists can take this time unfortunately, in the same issue , there have been gross mistakes that people have many questions about. now, in the parliamentary elections, which is really a difficult task and the monitoring has turned into a form of criticism. that those jurists take orders from the supreme leader to deal with those people who sit down there who do not have orders from the supreme leader. the leadership of the jurists are ruled because of their knowledge of justice and jurists, and the jurists are ruled by the parliament because of the votes given by the members of the parliament. as a result, it can be said that as the supreme leader of the revolution said that if someone's right is lost in the election, it is the right of the people and the right of the people should be answered in that world
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. as a result, it is very obvious that the guardian council cannot act in the election of the supervisory board in an istabish style, and because it does not have the time to do this for 10 days in a week , it will eventually become a question of compromise. another body should review this, that this cannot be done , now i will come to the presidential election later i will give serious explanations about this, mr. bahadur jahran, your time. we will keep your back with timers and cameras in front of you. please keep the time in mind in your answers . tell us the type of supervision of the guardian council , what is its legal basis. point out that there is a question of discretionary supervision, and a survey is actually involved . there is no or other types to explain
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. thank you. if it is a survey , he will only proceed with the supervisor's information. in contrast , it is an informational or survey supervision. it is obvious that the council's supervision the guard has no information, which means that it is not logical at all for the election supervisor, whether it is the guardian council or any other authority, to come and say, i watched , i watched, i saw
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violations, i saw the entry of unqualified people. which occurred as a result. elections, which are also included in the examination of the qualifications of the candidates, are also included in the holding of the elections, the counting and summation of the votes, and the announcement of the final results, so we call it effective supervision in law. look, get information, give it to another place, and that authority, for example, will come and determine the task himself , if there is a violation somewhere , he will either prevent it or prevent the effect of the violation. as a result, it either invalidates or prevents the entry of people who do not meet the requirements of the law . now, everyone can have their own unique view, have their own special opinion and suggestion about the surveillance model, but the logic of surveillance is the same in the world and the same in iran. in all these 39 elections that we had, minus the referendum , it was the same. even before the revolution, from the first two
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elections held in iran after the period constitutionally, we had a supervisory association with the same powers . that's it in the world, because there is no logic other than this. after all, someone has to match those conditions with the candidates, tell them to determine whether these conditions exist or not, and also make a decisive and final decision about holding elections and the correctness of holding elections, so we have no choice. apart from your opinion, we don't have an effective opinion, and there are few countries that have an observer who gives information because they have two observers. the final supervisor will say the decisive and final word that what our taste is now, what we like is the right thing, but we come to the legal system to find out what to do. we have to do it through the law. our constitution explicitly mentions in article 60 and article 62 that the conditions
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of voters and elected officials and the quality of elections are determined by the law. the parliament approved , of course, the laws that were approved in 1978 or the same amendment that was approved in 1402 are the same , but maybe they want to change it, mr. engineer. from the laws that exist in 1959, 61, 62, 63, 64 , i brought a few of them, these are the cases that he said exactly based on the constitution that was submitted to the parliament, the same procedure that was criticized by mr. hashemi is mentioned in the law. in the law, now i can read from the method , it is also mentioned that we have a central supervisory board besides the guardian council, the law related to the supervision of the guardian council over the elections of the islamic council the majlis was submitted to the guardian council with the signature of the late mr. hashemi rafsanjani, and then
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it was approved by the guardian council. it is being implemented, the same procedure is being followed, the central supervisory board has been formed, and then it has been said that in the city and in the provinces, the central board in each province assigns a board composed of 5 people with such and such conditions , then the provincial supervisory boards have also said. for each field. the election of a committee consisting of 3 people is appointed to supervise the elections of the relevant area. the same structure that is in place today for the parliamentary elections in 1402, we are subject to the same thing that was approved in 1959. of course, without mentioning this word, but the same concept means being effective and opinion regarding the examination of qualifications, the guardian council is decisive. if i read article 3 , it says that the central board supervises all stages of elections and election processes, and the actions of the ministry of interior and election monitoring associations, and determines the qualifications of representation candidates, in article 6.
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he explained the methods of this supervision and stated in article 20 that any law and regulation and any decision and supervision that is against or contrary to the supervision or the decision of the guardian council has no legal validity. respectively. history again in 1962 the resolution of the majlis regarding the elections of the islamic council of the 18th of 1162 again stated exactly the same arrangements, which i said because it is a repetition, until the current law, the reforms that were made in the laws were aimed at other issues. according to the general elections announced by the supreme leader on 24 mehr 1395, the parliament has been ordered to do 30-40 tasks, one of which is the issue of improving the conditions of the volunteers , so that the volunteers are worthy of the islamic republic. as long as it has been since 1959
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adding that condition is not very interesting in my opinion , saying 5 years of working experience in the government, in the private sector, or in the public sector, so now mr. engineer may have a different opinion or i had a different opinion, but the task of holding elections . the election monitoring model has been determined by the law, and i ask you that the constitution gave this order to the parliament, and the parliament said this , and you could not have said anything other than this. in the interpretation of mr. engineer astababi, in my interpretation, effective supervision is nothing but this legal logic no, and we are not facing each other anywhere. it might not be a bad thing to say that this law that i read was passed in 1959. to the commission of the internal regulations of the internal affairs of the parliament, and by consensus, i present to you that the members of this commission have been approved. now i can read the names of rome if we want , because at that time they were signing
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the decree, the names are interesting. there are friends who sometimes read the same provisions now. we see that they are criticizing in the media space, now those who are khanna , i can read their signatures, mr. ahmed salamian, mr. morteza alviri, mr. hojjati kermani, i will think about the rest of the signatures, mr. engineer , and give them now. i will give you this law better. most of the time, there are friends who are more critical of this form of monitoring, like mr. engineer, this law is attributed to these friends and it is the right thing to do, that is , there is a logic for this law , it is a rational logic that can be reached everywhere in the world , so we have model election management. the holding and quality of the elections, the conditions of the candidates and how to monitor the elections are taken from the law. law. and the next rules that i just mentioned , mr. engineer hashimi, do you still believe that these two supervisions hinder competition? yes , if you remember, the meeting we
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had with mr. shariat madari was basically based on the leadership's talk about how to increase our participation and competition in the elections and give security and safety to the elections , and then there was the discussion of the effect of the council's performance. the guard was brought up, which is the result of today's special conversation. it is important to see what i saw yesterday, mr. haddad adel, on the first page of the program , he pointed to this issue almost more delicately than my words. it is good that the guardian council avoids excesses and does something so that we can see a higher participation than in the past, which means that even they believed that the guardian council acted in an excessive or extreme manner, in any case, what is happening in our society now is their right anyway. scholars in a legal way say that they are acting as guardians of the law, and
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there is nothing better than acting according to the law, that is, what is in the body. the society is characterized by contradictions that make people doubt the performance of the guardian council and it is necessary to discuss these contradictions, see if you look at the guardian council, during the time of the imam, well , there were people like ayatollah safi, who was in the guardian council at that time , and at the same time , there were so many differences between the majlis and the guardian council that the imam was supervising the brain of the majlis, and finally the imam by planning and giving orders, it was decided that where the majlis and the guardian shula do not reach an agreement, in the event that there is an appeal on the same issue, two-thirds of the votes of the majlis will be taken into account, which has been the case since 1964. two-thirds of them became members of the expediency council and finally members of the guardian council to be held accountable for what they say in the forum, according to
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their expediency. defend and vote there, and whatever is voted means that those six members of jurists become members of the council of recognition during the review of that law which was a dispute , so this was the method used by the imam in holding the guardian council accountable, and after the imam , this happened again. unfortunately, the guardian council looked at the issue in a very one-dimensional way and was not responsive to public opinion regarding some of its decisions, which i can see some of its contradictions here. let me mention, for example, one of the contradictions that is very clear, for example, the qualification of mr. mehrallizadeh i am not saying that they are not qualified , they are certainly qualified, but they are also our friends.
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they are not confirmed to have, but how? a person who is not approved for the parliament, which is a mock job, but 1400 of them , their qualifications are confirmed, in the case that they should have a much higher status in the case of the presidency, or in the case of mr. alavi , you see that he is a leader of the elites to represent the parliament. he will be approved, but he will be disqualified again to represent the parliament, and later we will see that he will be introduced to the ministry of information at the suggestion of the president, who, as you know , must be the leader of the ministry of information. ten is rejected in the parliament and there he eventually becomes a member of the minister of information, who is going to comment on the qualifications of many people with his letters
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. or, for example, i remember in the election of experts of the majlis, the same experts we had, ayatollah hadavi tehrani or ayatollah hosseini, both of them the representatives of the supreme leader's office are confirmed in writing, that is , they get a letter of confirmation of their qualifications, even a tv show is put on them and they go to record me, but immediately after a rumor that these two people may be on the list. if ayatollah hashemi rafsanjani is appointed, they will be disqualified at once. now, what i heard is that he might deny this issue, but this was a fact that was seriously raised at that time, or at all , the most outstanding performance of the guardian council regarding ayatollah hashemi rafsanjani himself. you have seen that they are disqualified now or disqualified later how thoughts.
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