Moghimi: Jurists’ council vital in Iran’s transition
Mohammad Moghimi, a senior human-rights expert, told the “Justice in Transition: Challenges and Solutions” conference in Oslo (2–3 September 2023) that a council of jurists must set out the principles of rule of law, justice and democracy for Iran’s political transition.
Speaking of the council’s role, he observed: “Jurists play a decisive part in moving from authoritarian rule. Their role is clearer and more effective in a democratic transition, but in the case of revolution or coup, conditions become far more difficult.” He pointed to the experience of revolutionary courts in Iran and France as evidence that in violent upheavals, legal norms are swiftly marginalised.
Moghimi insisted that democratic governance remains the best form of rule. “Although imperfect,” he said, “democracy curbs corruption and ensures individual rights and public freedoms better than any other system.” Even dictatorships, he noted, have claimed to embody democracy—from the Islamic Republic’s “religious democracy” to the Soviet Union’s professed ideals of equality and liberty.
Explaining the types of transition, Moghimi distinguished between democratic and non-democratic change. The former involves gradual, peaceful reform; the latter, revolution or coup. In Iran today, he argued, reform is no longer viable and society is moving towards revolution—undesirable, but unavoidable.
Turning to transitional justice, he warned that trials of former officials must avoid judicial violence: “Punishments contrary to human dignity, including the death penalty, must be set aside. Fair-trial standards, open proceedings and the right to counsel must be observed.” Those who merely served in government without committing grave crimes, he said, could benefit from amnesties or reduced penalties. “We need forbearance,” Moghimi argued. “Perpetuating the cycle of violence serves no one.” Justice, he added, must offer solace to victims’ families, but not descend into excess.
The council of jurists, he maintained, could provide a guiding framework. It must be independent and impartial, and should draft a charter charting the path towards truth, rule of law and democratic governance. Citing the French Declaration of the Rights of Man and the American Bill of Rights, he emphasised that such texts were “statements, not laws”. A proposed Iranian charter, he said, could light the path of transition—provided it ultimately leads back to democratic institutions such as parliament and free elections.
The charter should enshrine principles of equality, accountability, judicial independence, citizen participation, free elections, freedom of expression, fair trial rights, minority protections and socio-economic entitlements including housing, education, water, food, health and a safe environment.
Moghimi reminded the audience that the council would hold no executive power. Its authority would rest only on “public opinion and the conviction of political actors and civil society in the values of human rights and democracy.”
Concluding, he urged participants to form a working group to draft an Iranian human-rights charter. Such a text, he suggested, could serve as a beacon in the transition towards a free, democratic and prosperous Iran.
Translated from Farsi via machine translation and lightly edited for clarity.