Special Clerical Court - The Court and The Law

The Court and The Law

Their legalization and integration into the official justice system never materialized and thus the Courts for the Clergy continue to function under the direct jurisdiction of the Supreme Leader, and not, as all other courts in Iran, under the judiciary. Whereas the judges of other courts are appointed by the Head of the Judiciary, the judges and prosecutors of the SCC are directly appointed by the Supreme Leader. The judiciary has no authority to monitor, oversee or interfere in the affairs of the SCC. The Supreme Court, being part of the judiciary, has no jurisdiction to review cases of the SCC. Instead, appeals are heard by another chamber of the clerical court. All court proceedings are closed to the public and whatever other laws may apply to legal proceedings and prison conditions in the country, they do not apply to the SCC. "It is not difficult to see how the SCC, given their legal status outside any accountable, transparent check by a governmental office other than the Office of the Supreme Leader, could transform into the Supreme Leaders’ primary instrument to discipline and prosecute dissident clerics."

Since cases are referred to the SCC directly by the office of the Supreme Leader, in theory, the Supreme Leader is in a position to refer any case to the SCC which he deems as involving some sort of “crime”. Severe punishments, including the death penalty, may be issued. The defense counsel in a trial must be chosen from designated clergy, so that the accused cannot freely choose their defendants.

Very often, the accused are not promptly informed of the charges. Despite the fact that article 32 of the Constitution of Iran states the defendant must be properly arraigned and the charges against him must be conveyed clearly and in writing, the SCC, the SCC frequently violates this principle.

The SCC also de facto take a different approach than the judiciary with regard to the sources of law recognized. Even though Art. 167 of the constitution ranks Islamic sources secondary to any codified law, the SCC considers penal codes as secondary in line to contemporary fatawa.

Iranian Conservatives believe that Iran's Supreme Leader has the power to make new courts if he wishes - they say that according to Iran's Constitution, the Supreme Leader has absolute power, and the constitution represents the least of the powers he is allowed to exercise.