Saturday, June 27, 2009 at 10:16am
Translated by "Irane Azad"
Imam Khomeini to the guardian council: "I'm afraid of you beeing surrounded by a GROUP, while people on the street protest demanding their rights"
Honorable Guardian Council,
Peace be upon you, with respect the memorandum of the executive vice president of your council in charge of elections, number 88/31/33512 communicated on 1388/4/5, as announced in the two previous memorandums, the extent of the fraud and irregularities committed during the tenth presidential elections, and the examples of the violations of the law by the interior ministry and the government, which have partially been documented in the memorandum issued by the Chief Inspector General of the Country and deemed prosecutable under the law, limiting the investigation into the complaints of electoral fraud to 10% of ballot boxes will not serve to inspire the confidence of the people, or to satisfy the public with regards to the findings.
As previously reported to your council, the volume of the fraudulent illegal activities in four categories of:
a) Campaigning, electoral activities, and attempts up to a day before the elections,
b) The process of receiving and counting the ballots,
c) Aggregation of, and announcing the results,
d) Events since the elections and the announcement of the results,
is so high that leaves no option other than the annulment of the elections and holding new elections. To illustrate, I point you to the highlights of these fraudulent illegal activities that are clear cases of “affecting the final outcome of elections” stated under the 33rd article of the presidential elections law, which leaves no choice but to annul the elections (the details of each is below):
1- Brazen and clear violation of article 68 of electoral laws, widespread utilization of governmental resources and public funds, and open involvement of some members of the government, senior managers, governors, and executive staff in favor of the incumbent
2- Lack of impartiality of Seda & Sima, carrying unproven allegations some of which have been deemed prosecutable by the attorney general of the country, and widespread and partial promotions by governmental media (IRNA, governmental newspapers, and news sites) in favor if the incumbent
3- Widespread violations of article 33 of the election laws that are contrary to the letter of the stated law as mentioned below:
• Buying votes by distributing dividends of Edalat stocks, and cash disbursements to the families covered by support organizations, to villagers, tribes, and the like.
• Threatening and frightening people through government agents, and disbursement of cash to Islamic councils and influential individuals…
• Failure to verify the vacuity of ballot boxes prior to being sealed, as well as the loss of ballots and transportation of the ballots and the ballot boxes outside of the voting stations, in light of the reports the received reports and the absence of observers
• Denying a voting opportunity to a substantial portion of eligible voters by limiting the voting hours, and multiple violations on the day of the elections with respect to the handling of the ballots and creating ballot shortages in voting stations.
• Fraud in elections as well as the violations in the counting and reporting of the votes, because despite printing an extra 12 million ballots, and printing another 2.5 million (or even more according to some sources) of new ballots without serial numbers with the approval of one of the members of the Guardian Council the day before the elections, we witnessed a shortage of ballots in voting stations, which without doubt by matching the ballot stubs against the database, the extent of it can be proven.
• Suggestions to vote for a specific candidate by the staff and observers at voting stations, and essentially the formation of a substantial portion of the Guardian Council observers and voting stations from supporters of the incumbent candidate
• Creating an atmosphere of fear for voters and their supporters in the week before the elections, and attacking the campaign offices and their supporters in legal gatherings across the country
• Creating multiple limitations for observers of candidates to attend the executive board’s meetings, attend the ballot counting and aggregation centers, and at a substantial number of voting stations
• Rendering the SMS network inoperable during the election day when it was a known mechanism for voting station observers from my campaign to report any violations for legal pursuit, and disconnecting the mobile and landline phones of the committee tasked with protecting the votes during the aggregation of the announcement of the results
4- The design of an unverifiable illegal process for the aggregation of the counted votes, and for announcing the results of the vote in an pre-engineered fashion (while before the final results were announced, they were reported on sites close to the government, IRGC, and Kayhan newspaper)
5- Widespread and illegal interference of sections of the armed forces before and during the elections which is directly against the wishes of the late Imam.
6- The existence of more than 170 voting stations with ballot casting ratios of between 95 to 140 percent.
7- Attacking campaign offices in Tehran and provinces, sealing of my campaign headquarters, and the arrest of my campaign chief and staff that limited our ability to comprehensively documentation the electoral violation cases.
Since all the above cases point to well organized and preplanned violations in elections, and since according to the Guardian Council’s announcement some of the violations fall outside its jurisdiction, and since parts of the legal complaints are about the breaking of the law and dereliction of impartiality and the behavior of some members of your council as well as the Minister of Interior, the agents of the Interior ministry, an impartial review of this case fundamentally cannot be conducted by the Guardian Council, neither can it, as before, be left to a committee that is selected by your council, not to mention that since some members of your council do not have an impartial view and have voiced their opinions regarding the verdict before looking into the matter, doing so will not help to clarify the situation or to pacify the public perception.
Therefore, while calling again for the annulment of the elections as the most appropriate way to exit the current impasse and restore the public trust, and only as a way to leave the door open for finding a method to review [the complaints] through a national jury council, and to ensure that people’s complaints is reviewed in a national body whose verdict is trusted by all voters and instills confidence in the people, I suggest that we refer to a religious, legal, and independent body that is agreeable to the candidates, and is supported by those of the their holiness the grand ayatollahs and sources of emulation that have attempted to resolve the situation.
Mir Hossein Mousavi
6 Tir 1388
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