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Law on Parliament’s Oversight of MPs

(This is an unofficial translation and any liability whatsoever shall lie upon user in person)

Article 1: In order to preserve the dignity of MPs and oversee affairs related to their term in office, at the beginning of each term of the Islamic Parliament of Iran and at the latest three months following the election of the Permanent Presiding Board, the Oversight Board, hereinafter referred to as Board, comprising the following persons shall be established and serve out the same term:

  1. One of vice-presidents of Parliament, chosen annually by Presiding Board

  2. One member of Article 90 Committee, chosen by Parliament

  3. One member of Judicial and Legal Committee, chosen by Parliament

  4. Four other MPs chosen by Parliament

Note1: The Presiding Board is required to set a one-week deadline for the registration of applicants for membership in the Board.

Note 2: The Presiding Board will clear six of applicants affiliated with the above-mentioned committees and MPs, Presiding Board excluded, and nominate them to Parliament.

The criterion for election is to get the vote of absolute majority of MPs present in Parliament; otherwise, new candidates shall be nominated to Presiding Board.

At any stage, applicants need the vote of absolute majority of MPs present in Parliament to be elected to Board.

Note 3: The Board shall elect its own chairperson and two vice-chairpersons and two secretaries from among its members.

Note 4: In the event of unexcused absence of any elected member in three consecutive meetings or one-fourth of sessions intermittently over a period of six months or the necessity of replacing members of the Board in the discretion of members, as set forth in Note 2 of this article, with choice of the members of the meeting subject of Article 2, a substitute shall be elected by virtue of the aforesaid Note.

Article 2: The Board shall have jurisdiction over the following matters:

  1. Reports on the MPs' financial misappropriation or moral misconduct and his unconventional earnings and expenses

  2. Reports on the MPs' conduct non-compliant with norms

  3. Reports on acts contrary to national security and other criminal acts

  4.  Reports by the Presiding Board on the absence, belated arrival, and indiscipline by MPs, set forth in Articles 78 to 81 and 88 to 91 of the Rules of Procedure of Islamic Parliament of Iran

Note1: Misconduct by MPs implies behavior running counter to customs for deputies in such a way to have been typically recognized as inappropriate by MPs.

Note 2: Reports need to contain full details of submitters to be considered by the Board unless the provided documents are adequate or the reputation and identity of the submitter are ascertained by the Board.

Note 3: Whenever the Board establishes the fact that the submitter of report has drafted and sent the report with the intention of disgracing MPs or officials or disturbing public opinion, the Board is required to send the report along with evidence to judicial authorities for prosecution and provide a copy to the MP.

Note 4: Criminal prosecution by anMP does not relieve the Board from considering violations set forth in the present Law with regard to standing of MPs.

Note 5: The Board, while considering violations set out in the present Law, shall announce the criminal evidence to competent judicial authority.

Article 3: Receipt of any uncommon cash or non-cash gifts from natural or legal persons, Iranian or foreign likewise, under any circumstances is forbidden and the perpetrator shall be subject to punishment set out in Article 6 of the present Law.

Article 4: Abuse of MPs' authority and obtaining any kind of facilities and privileges from public andor private sectors under any title or in any form, by MPs in their own favor or in favor of their relatives unjustly, leveraging and using position for this purpose and abuse of information and documents available to him are forbidden theperpetrator shall be subject to punishment set out in Article 6 of the present Law.

Article 5: The Board confidentially considers reports received about any MP and if it verifies the misconduct it will invite the MP in the next session and after negotiating with him and inquiry from relevant bodies will make decision.

Note: The Board is required to hear the MP’s defense before issuing any verdict.

Article 6: The Board shall decide about metingout one or more instances of punishment explained below in accordance with Article 6 of Rules of Procedure of Islamic Parliament of Iran in view of the importance of wrongdoings and the circumstances of their perpetration:

  1. Verbal notice without indicating on the record

  2. Written notice by indicating on the record

  3. Receiving a written pledge to not repeat the wrongdoing

  4. Cutting salary by half for a period varying between one month and one year

  5. Deprivation from membership in assemblies, councils, or investigation committees

  6. Deprivation from candidacy for membership in the Presiding Board of Parliament and Parliamentary Committees

  7. Announcement of one or more wrongdoings committed by MP in a closed-door session by President of Parliament

  8. Announcement of one or more wrongdoings  committed by MP in an open session by President of Parliament

Note 1: If the Board determines that the assets of MP has increased unreasonably it shall inform the Guardian Council prior to the next legislative election and refer the case to judiciary.

Note 2: All affairs related to the scope of authority of  MPs, as set forth in the Constitution, including expression of viewpoint and taking stance about domestic and foreign affairs of the country and the freedom to exercise their lawful duties and exercise their authority and obtain news and information required for the function of MP, legislation and investigation in all affairs of the country and impeachment of Ministers and President and vote of confidence and/or vote of no confidence and missions assigned in fulfillment of MPs' duties are excluded from the scope of punishment set out under this Article .

Article 7: When the agenda of the Board includes reports filed against one member of the said Board he does not have the right to attend the meeting.

Article 8: The decisions adopted by the Board regarding the application of clauses a, b, and d of Article 6 of the present Law are final and in other cases the MP can appeal within ten days. In such a case, the matter will be considered in a meeting of the Board of Appeal comprising members of the Presiding Board and chairs of permanent committees of Parliament.

Article 9:In fulfilment of duties assigned to them, MPs are fully free to express their views and they cannot be prosecuted or arrested because of expressing their views in Parliament or votes they cast.

Note 1: Determining instances of the subject matter of Article 86 of the Constitution and Article 75 of the Rules of Procedure of Parliament rests with the Board.

Note 2: Infringement of the provisions of this Article by judicial bodies, according to the circumstance, shall carry disciplinary punishment from grade 5 to 7.

Article 10: On the strength of the present Law, the Judiciary is required to establish a special benchto deal with cases referred to, and hear them urgently and announce a final verdict to the Board within three months.

Article 11: MPs are subject to the Law on Prohibition of Exercising Multiple Jobs enacted on 1/1/1995.

Article 12: The executive directive of the present Law and its instances, upon the proposal of the Oversight Board shall be approved by the Committee for Drafting Rules of Procedure for the Islamic Parliament of Iran.

The above law, which includes twelve articles, was enacted in the open session of Tuesday, 5/4/2012 of the Islamic Parliament of Iran before being endorsed by the Council of Guardians on 4/18/2012.

President of Islamic Parliament of Iran

Ali Larijani

 

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