cinematemad,
There are generally two types of prohibitions for individuals in Iran’s laws; One is forbidden to leave and the other is forbidden to trade. Laws have not recognized any third type of deprivation of people’s social and citizenship rights. Regarding the two aforementioned cases, special conditions and specific arrangements must be established so that the legal authority can issue a decision to ban the person from leaving or to ban him from trading.
The worrisome thing is that in the last few years, new prohibitions outside the framework of written laws are imposed by some judicial branches on individuals and citizens, and what is more worrisome is that this process seems to be accelerating and developing.
A few months ago, we were faced with a court order regarding the illegal disconnection of some journalists’ SIM cards, and now we are witnessing orders such as banning citizens from socializing or blocking people’s national numbers, which makes it impossible for them to even purchase tickets for public transportation.
A lot has been said about the illegality of this action by some judges and judicial authorities. Although, unfortunately, despite the emphasis that we have heard from the head of the judiciary in recent years to comply with these frameworks, in practice some judges behave as if, according to one of the famous former prosecutors of the country, their powers are equal to the powers of God. The finger is less. This incorrect and completely inappropriate statement is evident in the behavior and attitude of many judges, which creates a dangerous situation for the country.
But the problem is that the judicial official who really believes that his authority is a knuckle less than the Almighty God and can do whatever he wants, forgot that such authority requires the same proportion in terms of reason and logic. Therefore, the result of work many times become A complete joke will be An example of this is the banning punishment.
Since, unfortunately, the same punishment was given to Saeed Rausti, a movie director, last year, and there was no reaction from the authorities of the Supreme Court, the failure to repeat it is not only covered by the judge issuing the decision. This is where the judicial system must answer that how will the curfew be implemented, regardless of whether it is legal or not? Where is the limit?
What circle of people does it include? For example, is Salam and Alik with the local grocer or taxi driver also subject to this ruling or not? How is the convicted person supposed to be monitored for the implementation of this sentence? Is a device supposed to be connected to him to control and report his socializing? Or are agents supposed to be with him 24 hours a day and control his relationships? Does the scope of this ruling include phone calls or text messages or not?
These questions may seem shocking, not so long ago, some court branches used to issue orders banning the use of mobile phones and social networks and messengers for people. Bini and Bin Allah, which of these rulings was implemented and was the result anything but a mockery of the law and court order? It was not implemented, not because they did not want it to be implemented, for this reason it is basically impossible to implement these rulings. These rulings, once due to their extra-legality and non-compliance with legal frameworks, and once due to their irrationality, provide the basis for the downfall of the dignity of the institution of law in the society, and the issuers of such mocking rulings are the biggest perpetrators of legal rule in the country, because such rulings undermine all public functions. and modern law, including endogenous regulation, social agreement, authority, justice and predictability of affairs at the same time they violate For example, several national and valuable figures of Iran have been banned with the same decisions and without going through legal proceedings. Is banning the citizen of the country without due process, nothing but disrupting the economic security by making it unpredictable? In any case, a dangerous and worrying incident is growing and multiplying under the skin of the recent rulings.