Head of the Judiciary: Sovereign contracts must be the most robust and solid contracts

According to the Judiciary’s Media Center, Mohseni Ejei, during his speech at the monthly gathering of governors, noted: "There is good harmony and collaboration among functionaries in various sectors of the system today, but this harmony and collaboration must be translated into action and manifested in practice. Unfortunately, this harmony and collaboration are not observed in practice. Differences of opinion are natural, and we should not fear disagreements or differences in perspectives. Instead, despite these differences, we must achieve coordination and unity in advancing affairs."

The Head of the Judiciary outlined three essential qualities for managers and functionaries of the system, stating: "All managers and functionaries must be rational, specialized, and broad-minded. Managers should not become discouraged or immobilized by problems and obstacles."

The Chief Justice asserted: "I believe that, with cooperation and coordination among managers and functionaries, many of the country’s problems can be resolved under the current laws and conditions. However, given technological advancements and their social impacts, there is certainly a need to revise some laws. Some of our laws date back 70 to 80 years."

The Head of the Judiciary emphasized: "We, as functionaries and officials, must understand each other’s critical missions in serving the people and set aside any sense of ego. We should not immediately and outright oppose every opinion or statement that differs from ours. Instead, we should listen to and evaluate opposing views, and if they serve the public interest, adopt them."

Mohseni Ejei stated: "According to reports, out of 560 stalled projects in the country, 118 have legal and judicial issues. Here, I emphasize that governors across the country should specifically identify the details of these projects in their provinces, compile them, and, in collaboration with other provincial authorities, including judicial officials, work to resolve them. If resolving these issues requires delegated authority from the center, they should refer the matter to higher authorities."

In analyzing the issue of attracting productive and economic investment, the Head of the Judiciary said: "We, as functionaries and officials, must create conditions for the extensive participation of the private sector and the public in production and the economy. To achieve this, we must address the challenges in this area. One challenge is that an investor enters the field, incurs significant costs, and undertakes commitments to start a productive or economic project, but midway, we in the government unjustifiably halt their activities! If this happens to even two investors, will a third investor be willing to step forward? We have repeatedly emphasized that sovereign contracts must be the most robust and solid contracts. It should not be the case that contracts signed by the government with the private sector are undermined due to changes in governments or officials."

The Head of the Judiciary added: "We must not erode the trust of the people and private sector investors. How is this trust eroded? When we unjustifiably create obstacles for an investor and halt a project for which they have incurred significant costs, naturally, their trust and that of their peers is lost, and their willingness to invest diminishes. This is not limited to one specific government institution. If we in the Judiciary commit such an act, you should remind us. All of us in every sector of governance must avoid actions that undermine the trust of the people and private sector investors, and if we commit such an act and realize it erodes trust, we must refrain from repeating it."

The Chief Justice noted: "Sometimes a national project begins with significant costs, but midway, the environmental authority intervenes and demands the project’s halt due to environmental concerns. Certainly, environmental issues, as they relate to public health, are a priority, and no leniency should be shown in this regard. However, the question is: when the decision to launch the project was made, why were its environmental aspects not considered? Why does the environmental authority intervene only after the project has started and significant costs have been incurred? Sometimes, a prosecutor in one part of the country, acting to protect public rights and based on complaints from the environmental authority, halts a project, sometimes a national one. We ask that prosecutor: Have you investigated whether the environmental issues related to that project can be resolved? If environmental problems can be addressed through measures and solutions, why issue an order to halt or shut down the project?"

The Chief Justice emphasized: "In the Judiciary, we place special emphasis on ensuring the security of investment in the country. We have instructed relevant judicial authorities to avoid detaining an economic or productive actor accused of an offense unless absolutely necessary. If they are detained and the necessity for detention is resolved, they should be released promptly. We have also emphasized that the tools of production and economic activity of an accused actor should not be seized, nor should their business be shut down due to the accusations against them. Respect must be shown to the public, including productive and economic actors. Sometimes, an economic or productive actor is summoned to a judicial or non-judicial authority and sends a representative to respond to questions, but the official insists that the individual must appear in person. This sometimes creates the impression that the intent is to humiliate the individual."

Mohseni Ejei stated: "To address judicial issues and problems across all provinces, I have delegated my delegable authorities to provincial judicial officials. I also announce here that I am ready to delegate my delegable managerial authorities to governors to expedite the resolution of people’s issues across the provinces."

The Head of the Judiciary added: "Functionaries and managers of the system must make it a habit to regularly engage with the public and connect with the people directly. Sitting behind desks and reading reports alone cannot fully and tangibly reveal the people’s issues and problems. By engaging with the people, we realize they despise discrimination. By engaging with the people, we understand they dislike pomp and extravagance. People are frustrated when their affairs in government offices are not expedited, forcing them to resort to brokers. We must facilitate the handling of people’s affairs so they do not have to turn to brokers or sometimes fraudulent elements."