Judiciary »Important recommendations of the head of the judiciary regarding how to deal with the Abadan incident
It was raised at the meeting of the Supreme Council of the Judiciary;
According to the General Directorate of Public Relations of the Judiciary, Hojjatoleslam and Muslims Mohseni Ejei, today (Monday, June 30) during a speech at the meeting of the Supreme Council of the Judiciary, while congratulating the happy birth of Hazrat Fatemeh Masoumeh (PBUH) and Girl’s Day, the tragic collapse of a building in Abadan He pointed out and expressed his condolences for the loss of a number of compatriots in this incident to the people of Khuzestan, especially the patient people of Abadan and Moaza families, and said: “Today, not only bereaved families are mourning, but all Iranians are saddened by this incident.”
The head of the judiciary, referring to the delegation from the Attorney General’s Office, as well as the delegation from the government and the task of the Civil Commission of the Majles to investigate the dimensions of the Abadan incident, said: Joint efforts and exchange of information, to investigate the Abadan incident as soon as possible in a comprehensive, comprehensive, coordinated and pathological manner, so that a complete and comprehensive report can be presented from various angles and appropriate decisions can be made.
The head of the judiciary went on to explain the three stages that should be considered in the investigation of incidents such as the Abadan incident, and the expedition delegations are carefully examining these cases, saying: Is concluded; It should be checked whether this contract was correct in different ways or not? Is this building licensed to start construction or not? Was the license issued in accordance with the standards and criteria? Did the relevant agencies and the specific individuals who had to make decisions and comments on such issues do their job properly? Have bodies such as the municipality, the Article 100 Commission, the Engineering System, the Ministry of Roads and Urban Development, the judiciary and other responsible bodies performed their duties and responsibilities properly?
The head of the judiciary stated: In recent days, the answers to many of the above questions, as well as other issues, have become somewhat clear, but for a more detailed study, it is necessary to examine the issues in a specialized and comprehensive manner.
Referring to the duties and responsibilities that municipalities have towards buildings and structures and innovations, the Judge further clarified: If the start of construction is without obtaining a permit; Or, contrary to the provisions of the permit, construction begins; The municipality, with its officials, can directly prevent the construction of the building. Also, if the building is illegally constructed, the municipality can report the matter to the Article 100 Commission, and if the commission orders the demolition and this decision is final, here again the municipality and the Article 100 Commission can oblige the owner of the property to Make necessary repairs or build demolition; In case the owner refuses to execute the sentence, the municipality can take action for demolition.
The head of the judiciary, referring to the duties of the Engineering System Organization regarding the construction of buildings, said: A person who wants to build a building must provide the design, executive plan and other necessary documents, and the engineering system, as the case may be, the appropriate engineer Introduces this theorem; The supervising engineer is responsible for supervising the various stages of construction; If the supervising engineer violates and the municipality becomes aware of this, it is obliged to inform the organization of the engineering system; Sometimes he has to introduce the person to the judiciary, as the case may be; Sometimes appropriate measures must be taken in the direction of disciplinary matters; However, in the case of the collapsed building in Abadan, this case must also be carefully considered.
The head of the judiciary, stating that the approvals of the Supreme Urban Planning Council are binding, said: the municipality and other bodies are obliged to implement and approve the approvals of the Supreme Urban Planning Council; Therefore, it should be checked whether these approvals were taken into account in the case of the collapsed building in Abadan or not? The project manager also has heavy responsibilities in various ways, so it should be checked whether this project manager had performed his duties or not?
Referring to the philosophy of issuing finishing works for buildings, the Chief Justice stated: The finishing work is issued for the purpose of approving the rules and principles of engineering and safety in the building; This is in the context that some floors of the collapsed building in Abadan were put into operation and others were under construction; So it is natural that the building was not finished; Did this building have any defects that did not end? However, these issues and similarities should be carefully and pathologically examined by expeditions to prevent a recurrence of such incidents.
He continued: There were two amendments regarding the collapsed building in Abadan; This means that first the license is issued for certain classes and then twice, a class is added; The question is whether these added floors were compatible with the main foundation, the planned structure and the plan presented to the engineering system and the municipality? Did the foundation and infrastructure of the building have the capacity of those additional floors? These are issues that need to be addressed.
Hojjat-ul-Islam and Muslims Mohseni Ejei further stated: After the construction and operation of the building, have there been any signs and signs of its insecurity? What measures have the responsible agencies taken in this regard? The Engineering System Organization says it has written a letter in this regard; Was the letter enough? Has this organization also mentioned the supervising engineer, which is its subset? Is there any violation or omission of that supervising engineer or not? These are other issues that should be carefully considered in the Abadan case.
The head of the judiciary referred to the post-incident stage and said: “One of the primary tasks after the occurrence of incidents such as the Abadan incident is to form a crisis headquarters, if necessary, in proportion to the volume and complexity of the incident;” Also, the most urgent task at this stage is to use all facilities and equipment to help those who are under the rubble; Other side effects may be needed; What to do if someone fails in these areas?
Referring to the importance of providing accurate information in relation to incidents such as the Abadan incident, the Chief Justice said: “Reporting incidents such as the Abadan incident should be transparent and at the same time far from inflame;” This is because these inflammations sometimes make work difficult for executives, helpers, and decision makers, and cause trouble for people and families in distress.
Hojjat-ul-Islam and Muslims Mohseni Ejei continued by summarizing the steps that delegations from various forces must take to investigate the Abadan incident, said: ), But for pathology to prevent the occurrence of similar accidents should be considered comprehensively and accurately to prepare a comprehensive and rapid report in this regard; The delegation of the Judiciary should also legally complete the report by obtaining information from others; To take preventive action, in accordance with the law and in accordance with the issue.
The Head of the Judiciary, emphasizing that if the offense and crime of any device and individual, whether personal or administrative, is found in the case of the Abadan incident, it should be dealt with promptly, deterrently and seriously without consideration or negligence; He pointed out the importance of explaining the issue to the people in terms of distinguishing between crime and offense, and said: “We should explain the issue regarding incidents such as the Abadan incident in the sense that the authority to deal with offenses is different from the offense; Some of these issues are effective in the end result, which is the death and injury of people, and in some cases, a violation may have occurred, but the result of this violation is not those events; Legally, the two are completely different in the type of proceedings.
He added: “Unfortunately, as mentioned before, some laws regarding some violations in this area do not meet the requirements and expectations, so it should be pathological to amend the law, regulations and methods.”
Hojjat-ul-Islam and Muslims Mohseni Ejei, in continuation of today’s meeting of the Supreme Council of the Judiciary, referring to his visit to Qarchak Women’s Prison on Friday, made recommendations on classifying and separating all prisoners according to their possibilities and separating foreign and domestic prisoners for their own well-being. Issued to the head of the Prisons Organization.
The head of the judiciary also instructed the Chief Justice of Tehran and the Prosecutor of Tehran to examine the case of those prisoners who claim to be indecisive in the penitentiary in particular, and if their verdict is defective, to take the necessary steps in this regard. Especially face.
Examining the case of those prisoners for whom retribution has been issued; Another recommendation of the Chief Justice was addressed to the authorities, especially the Chief Justice of Tehran Province; In this regard, the Judge stressed: “As much as possible, try to obtain the consent of the parents of the retribution cases, and to determine the duties of those convicted of retaliation whose parents neither consent nor follow the execution of the sentence.” Take appropriate action in the application of Article 429 and in other respects.
At the end of his speech in the first part of today’s meeting of the Supreme Council of the Judiciary, referring to his presence among the worshipers of Pishva city and hearing their concerns and problems, the head of the judiciary instructed the Chief Justice of Tehran to equip and balance facilities in the judiciary. The city prosecutor’s office should take appropriate measures.
In the second part of today’s meeting of the Supreme Council of the Judiciary, Hojjatoleslam and Muslims Mohseni Ejei thanked the head of the Prisons Organization for the favorable conditions in Qarchak Women’s Prison, including physical conditions and services to clients, said: It was related to judicial issues, including the need to make the necessary arrangements for the imposition of electronic restraints on eligible convicts, including prisoners with financial convictions or physical disabilities.
Hojjatoleslam Sadeghi, head of the Judiciary Dispute Resolution Development Center, also referred to the words of Hojjatoleslam and Muslims Mohseni Ejei last week regarding the announcement of the judiciary’s readiness to establish specialized branches of dispute resolution councils for municipal affairs. We have announced the readiness of the Dispute Resolution Councils for municipal affairs, which will surely be useful and facilitate the problems of the people.