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Section Three

The Army

 

Article 124

 

 Army of Iran is responsible for guarding the independence and territorial integrity of the country as well as the order of the country.

 

Article 125

 

The Army of Iran must be a secular Army, i.e., only committed to the people, and no religion or ideologies. All the heads of army must be individuals who believe in the constitution and objectives of the Secular System of Government and are devoted to the cause of realizing its goals.

 

Article 126

 

No foreign citizens will be accepted into the Army or security forces of the country.

 

Article 127

 

The establishment of any kind of foreign military base in Iran, even for peaceful purposes is forbidden, except the forces of United Nation in specific cases and for limited periods with the approval of the National Consultative Assembly.

 

Article 128

 

In time of peace, the government must utilize the personnel and technical equipment of the Army in relief operations, and for educational, medical, constructions and productive ends, while fully observing the criteria of laws and justice and ensuring that such utilization does not harm the combat-readiness of the Army.

 

Article 129

 

All forms of personal use of military vehicles, equipment, and other means, as well as taking advantage of Army personnel as personal servants and personal chauffeurs or in similar capacities, are forbidden.

 

Article 130

 

Promotions in military rank and their withdrawal take place in accordance with the law.

 

Article 131

 

The government is obliged to provide a six months mandatory program of military training, with all requisite facilities, for all its citizens, in such a way that all citizens will always be able to engage in the armed defense of Iran. The possession of arms, however, requires the granting of permission by the competent authorities. 

 

 

Chapter IX

 

Foreign Policy

 

Article 132

 

The foreign policy of Iran is based upon the rejection of all forms of domination with the goal of the preservation of the independence of the country in all respects and its territorial integrity and the maintenance of mutually peaceful relations with all nations.

 

Article 133

 

Any form of agreement resulting in foreign control over the natural resources, economy, army, or culture of the country, as well as other aspects of the national life, is forbidden.

 

Article 134

 

The government of Iran may grant political asylum to those who are subject of human rights violations and seek it unless they are regarded as traitors and saboteurs according to the laws of Iran.

Chapter X
The Judiciary

 

Article 135

 

The judiciary is an independent power, the protector of the rights of the individual and society, responsible for the implementation of justice, and entrusted with the following duties:

 

• Investigating and passing judgment on grievances, violations of rights, and complaints; the resolving of litigation; the settling of disputes; and the taking of all necessary decisions and measures in probate matters as the law may determine;

   

• Restoring public rights and promoting justice and legitimate freedoms;

   

• Supervising the proper enforcement of laws;

   

• Uncovering crimes; prosecuting, punishing, and chastising criminals; and enacting the penalties and provisions of the penal code;

   

• Taking suitable measures to prevent the occurrence of crime and to reform criminals.

   

Article 136

 

The Judiciary Council shall be the highest judicial authority. The Judiciary Council consists of seven judiciary members with minimum 10 years judicial experience chosen by the Government Chief and approved by the majority members of National Consultative Council  and responsible for the following.  

 

• Establishment of the organizational structure necessary for the administration of justice.

   

• Drafting judiciary bills in accordance to the Secular Constitution of Iran.

   

• Employment of just and worthy judges, their dismissal, appointment, transfer, assignment to particular duties, promotions, and carrying out similar administrative duties, in accordance with secular laws.

Article 137

 

In order to fulfill the responsibilities of the judiciary power in all the matters concerning judiciary, administrative and executive areas, The president shall appoint any substitute for retired, ill or deceased seven members of the Judiciary Council well versed in judiciary affairs and possessing prudence and administrative abilities as the head of the judiciary power for a period of maximum 10 years . The appointed members must be approved by the majority vote of the National Consultative Assembly.

Article 138

 

The courts of justice are the official bodies to which all grievances and complaints are to be referred. The formation of courts and their jurisdiction is to be determined by law.

 

Article 139

 

The Minister of Justice owes responsibility in all matters concerning the relationship between the judiciary, on the one hand, and the executive and legislative branches, on the other hand. The Judiciary Council may delegate full authority to the Minister of Justice in financial and administrative areas and for employment of personnel other than judges in which case the Minister of Justice shall have the same authority and responsibility as those possessed by the other ministers in their capacity as the highest ranking government executives.

 

Article 140

 

The Judiciary Council is the ultimate reference in interpretation of constitution and the laws and decisions by the courts, ensuring uniformity of judicial procedure, and fulfilling any other responsibilities assigned to it by law.

 

Article 141

 

The conditions and qualifications to be fulfilled by a judge will be determined by law

 

Article 142

 

A judge cannot be removed, whether temporarily or permanently, from the post s/he occupies except by trial and proof of guilt, or in consequence of a violation entailing his dismissal. A judge cannot be transferred or re-designated without his or her consent, except in cases when the interest of society necessitates it, that too, with the decision of the Judicial Council. The periodic transfer and rotation of judges will be in accordance with general regulations to be laid down by law.

 

Article 143

 

Trials are to be held openly and members of the public may attend without any restriction; except in cases of private disputes when either of the parties request not to hold open hearing.

 

Article 144

 

The verdicts of courts must be well reasoned out and documented with reference to the articles and principles of the law in accordance with which they are delivered.

 

Article 145

 

The judge is bound to endeavor to judge each case on the basis of the codified law. A Judge may not refrain from admitting and examining cases and delivering judgment.

 

Article 146

 

Political and press offenses will be tried openly and in the presence of a jury, in courts of justice. The manner of the selection of the jury, its powers, and the definition of political offenses, will be determined by law.

 

Article 147

 

No act or omission may be regarded as a crime with retrospective effect on the basis of a law framed subsequently.

 

Article 148

 

Judges of courts are obliged to refrain from executing statutes and regulations of the government that are in conflict with the laws and outside their competence of, the executive power. Everyone has the right to demand the annulment of any such regulation from the Court of Administrative Justice.

 

Article 149

 

Whenever an individual suffers emotional or material loss as the result of a default or error of the judge with respect to the subject matter of a case or the verdict delivered, or the application of a rule in a particular case, the defaulting judge must stand surety for the reparation of that loss in accordance with the law, if it be a case of default. Otherwise, losses will be compensated for by the State. In all such cases, the repute and good standing of the accused will be restored.

 

Article 150

 

Military courts will be established by law to investigate crimes committed in connection with military or security duties by members of the Army, the Gendarmerie and the police. They will be tried in public courts, however, for common crimes or crimes committed while serving the department of justice in executive capacity. The office of military prosecutor and the military courts form part of the judiciary and are subject to the same principles that regulate the judiciary.

 

Article 151

 

In order to investigate the complaints, grievances, and objections of the people with respect to government officials, organs, and statutes, a court will be established to be known as the Court of Administrative Justice under the supervision of the Judiciary Council. The jurisdiction, powers, and mode of operation of this court will be laid down by law.

 

Article 152

 

In accordance with the right of the judiciary to supervise the proper conducting of affairs and the correct implementation of laws by the administrative organs of the government, an organization will be constituted under the supervision of the Judiciary Council to be known as the National General Inspectorate. The powers and duties of this organization will be determined by law

 

Article 153

 

Complete list of all prisoners with their whereabouts, case numbers and terms of imprisonment must be available publicly. 

 

Article 154

 

No individual may be punished or imprisoned for their religious, ideological and political views even if they may be in opposition to the government or constitution of the republic of Iran. There shall be no political prisoners or prisoners of conscious.

 

Article 155

 

There shall be no death penalties.

 

Chapter XI
Radio and Television

 

Article 156

 

The freedom of expression and dissemination of thoughts in the National Radio and Television of Iran must be guaranteed in keeping with the Secular criteria and the best interests of the country. The appointment and dismissal of the head of the Radio and Television of the Republic of Iran rests with a council of 3 representatives, each assigned by the Government Chief, the Judiciary Council and the National Consultative Assembly.

 

Article 157

 

Private media, internet sites, Radio, Television stations are allowed to operate freely within the framework of the law.

 

 

Chapter XII
National Security Council

 

Article 158

 

In order to safeguarding the national interests and preserving the territorial integrity and national sovereignty, a National Security Council presided over by the Government Chief shall be constituted to fulfill the following responsibilities:

 

1. Determining the defense and national security policies within the framework of law and the general policies of the Government and the National Consultative Assembly.

 

2. Coordination of activities in the areas relating to politics, intelligence, social, cultural and economic fields in regard to general defense and security policies. 

 

The Council shall consist of: heads of three branches of the government, chief of the Command Council of the Armed Forces, the officer in charge of the planning and budget affairs, ministers of foreign affairs, interior, information and the highest ranking officials of the each of the Armed Forces.

 

Commensurate with its duties, the National Security Council shall form sub-councils such as Defense Sub-council and National Security Sub-council. Each Sub-council will be presided over by the Government Chief or a member of the National Security Council appointed by the Government Chief. The scope of authority and responsibility of the Sub-councils will be determined by law and their organizational structure will be approved by the National Security Council. The decisions of the National Security Council must be in accordance with the laws and shall be effective after the confirmation by the Government Chief.

 

Chapter XIII

 

Revisions and Amendments to the Constitution

 

Article 159

 

Revision and Amendments of the Secular Constitution of the Republic of Iran, whenever needed by the circumstances, can be done in the following manner:

Whenever National Consultative Assembly, after obtaining majority vote approves the need for amendment to one or some articles of the constitution, formation of constitutional council and election of its members will be ordered. Laws pertaining to the election of the Constitutional Council will be determined by the National Consultative Assembly.  The authority of the Constitutional Council will be limited to the the article or articles that have been authorized by the National Consultative Assembly. Decisions of the Constitutional Council after approval of majority of its representatives must be approved by majority in a national referendum. Secular system of government, Article 2 and also administration of the country's affairs by election may not be revised. 

March 28, 2010

 

8th day of Persian month of Farvardin of 2550 years after introduction of 1st charter of human rights by Cyrus the Great

 

THE END.

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