July 08, 2003

Khalkhali & Hoveyda

Kayhan daily, the primary mouthpiece of the "hardliners" in Iran has just published an interview with Ayatollah Khalkhali, the original special prosecutor/judge/jury in charge of the revolutionary courts set up immediately after the revolution of 1979. Khalkhali quickly gained the "butcher" title by Iranian people and foreign media due to his brief and unfair "courts" followed by immediate execution of many of last regime's ministers, army officers and all others with any connections to the Shah or system. Many have argued that while most of those responsible for oppression, imprisonment, torture and executions during regime's reign were never arrested and fled with the Shah or shortly after, Khalkhali insisted on execution of everyone, even those whose "crimes" were limited to serving as an education minister for the Shah for example or were merely accused of collaborating with SAVAK, his security police.

One of the controversial figures executed by Khalkhali was Shah's long time Prime Minister Amir-Abbas Hoveyda. The controversy has further increased since Abbas Milani, himself a political prisoner during Hoveyda's government wrote and published a biography on him titled The Persian Sphinx. Milani's well researched and detailed study on the life of Hoveyda fails to find any controversial or precarious aspects to a man that comes across as more of a delusional social democrat, arts lover, intellectual, with little authority as opposed to a murderer, bandit, corrupt head of government. He was even naive enough to believe that since he had done nothing wrong, he had nothing to fear and passed on the opportunity to run and instead turned himself in stating that Islamic justice will judge him fairly and set him free. The image above, stills taken from a French crew videotape, is last images of Hoveyda, days before his execution.

Khalkhali who is apparently suffering from severe stages of Parkinson's disease and is now a "moderate", was so ill that the reporter's 26 question, one-page interview was conducted in several sessions over a month's period. The result is a unique but brief look into the mind of someone deeply engulfed in religious fundamentalism and is a must read for all those involved with a struggle against such thinking. If someone cares to translate the entire interview, I would love to post it or provide a link to it. Here are a few selected points;

He considers his rulings as the "judgment and conscience of a 35 million people" (referring to the population of Iran in 1979) when he suggests Milani should re-think his position. This is typical of his type, hiding behind this imaginary population who approves of all they do and therefore they are the sole representative of the masses by default.

Khalkhali tries to discredit any dissenter's opinions by snide remarks such as calling them "escapees" suggesting that they couldn't possibly have a valid point if they had to leave the country to save their lives. Somebody tell him that if they hadn't escaped, they wouldn't be able to make a remark or have an opinion as his "court" and others like it would have made them vanish quickly.

He acknowledges he was appointed by Khomeini but takes full responsibility for his decisions personally. But he also concedes that when his harsh stand was faced with resistance from the temporary revolution cabinet, "Imam" grabbed his collar and told him to go grab them by the collar the same way. What a constructive approach to conflict resolutions. He further admits to his Imam's extended interference in government's affairs when he claims he was disqualified from holding a seat in the 3rd parliament but Imam sent his son to the "council of experts" to overrule their decision.

Khalkhali repeatedly claims both him and Khomeini wanted Hoveyda and others to have a fair trial, then he admits that he refused to allow him to obtain a lawyer and even when the National Front (Shah's long-time nemesis) offered Dr. Matin-Daftari, Mossadegh's grandson to defend Hoveyda, he says that he was suspicious of "him and his types" and would not allow him into the court. He also confirms Milani's account that Hoveyda was awakened at midnight and brought into court immediately, without an opportunity to prepare his defense. This is where it gets scary, he then actually suggests that in the Islamic justice system, Hoveyda didn't need a lawyer as Khalkhali himself was not only the prosecutor, judge and jury, but he was in fact acting as the defense lawyer as well (!!!). So much for the fair trial illusion.

Perhaps most telling of unfairness of this system of injustice, is his assertion that in his version of "science of law" there is a concept called "obvious guilt" where the accused is presumed and considered guilty if his/her "crimes" are "very clear" prior to the trial.

This is just a short glimpse into the system that has ruled Iran for over 23 years. This stain on the conscience of humanity needs to be removed and replaced with freedom, justice and peace. Iranian people will eventually get there, in their own way and using their own channels.

Interview link courtesy of Gooya News

Posted by Pedram at July 8, 2003 10:19 AM
Comments

You refer to the Hoveida experience as typical of the last 23 years. Now, I'd be the last person to want to defend the Judiciary or its excesses, but it's clearly absurd to say that the early revolutionary preiod has been typical of the past 23 years! Recall the trial of the 13 Jews: at least, they picked their own lawyers who defended them vigorously, unlike in the Hoveyda case. In fact, Khalkhali's actions are incompatible with the present Constitution.

Posted by: Behnam at July 10, 2003 04:08 PM

I would have to respectfully disagree with Mr. Behnam's assertions that the judicial system in Iran has improved since the killing days of Khalkhali's. As long as hardliner/millionaire mullah's have control of the justice system, there will be no justice in Iran. The case of the 13 Jewish Iranian became an issue, when the rest of the world got involved. But what about the students, the reporters, anyone who voices dissent against the mullahs? I can't see any difference between the lackeys who surrounded the Shah in the end, and the current Mullah ruling party....they are both cut from the same cloth, and if there is going to be any change in Iran, it will be the youth of Iran who will rise up...and god bless them. Maybe we finally can get a free democratic regime in Iran then.

Posted by: Massoud at July 15, 2003 04:43 AM

The recent crack-down on students and journalists confirms my point that present conditions are not comparable to the excesses of the immediate aftermath of the revolution and of the Iran-Iraq War period. Sure, the Judiciary is unfair in dealing with the dissidents. Yet, I do not know of even one political execution in the past several years! Contrast this to the chaos of the early revolutionary era and the urban warfare with the MKO, when several thousand people were summarily executed. Compare this to the purge of prisons in 1988, when up to 2,000 political prisoners associated with the MKO and other leftist groups were executed (See Montazeri's autobiography).

These days, they at least let students have rallies on-campus, while they limit off-campus activities. After the revolution, they just simply shut down universities!

True, many journalists have been arrested and many papers have been shut down. But if you compare the contents of those papers that have not been shut down to 15 years ago, you'll see that many issues that are now freely debated in the public arena were taboos back then! Iran was a closed society back then. Now it is a semi-open society. A lot more criticism and dissent is tolerated now than before. There is really no comparison, and I don't see how an objective observer could deny this.

Another hopeful sign is the toleration for NGO's, such as those dedicated to human rights or women's rights. Fifteen years ago, such organizations (that were truly independent from the government) were unthinkable. These emerging groups are the initial building blocks for a (future) fully-functioning civil society. That is one reason why Iran is nothing like Saddam-era Iraq or present-day North Korea.

Of course, there are those among the conservatives who are trying to turn back the clock and reverse the unmistakable trend towards greater openness and transparency. But it is an uphill, losing battle they are fighting, and their recent harsh tactics are likely to provoke a backlash against them.

Behnam

Posted by: Behnam at July 21, 2003 12:08 AM