04.2005 - Source: UK Home Office

reform of the public prosecution service needed ("Country Report - April 2005") [#31980],  [ID 8416]

"[...]6.5 The Working Group examined particularly the situation regarding detention pending trial and visiting rights, and reform of the public prosecution service and criminal procedure. "In its recommendations the Working Group gives priority to the progressive transfer of authority from the revolutionary tribunals and clerical courts to the ordinary courts to reduce the proliferation of judicial decision-making bodies, review of the practice of solitary confinement, the progressive freeing of prisoners of conscience, guarantees of due process and reform of imprisonment for debt. The Working Group concludes with the hope that the current obstacles to the reforms needed will be removed with a view to strengthening the rule of law". [10x](pg2) [...]"

Document(s): Open document

28.02.2005 - Source: US Department of State

Court systems ("Country Report on Human Rights Practices 2004") [#29525],  [ID 8417]

"[...]The Constitution provides that the judiciary is "an independent power"; however, in practice the court system was subject to government and religious influence. It served as the principal vehicle of the Government to restrict freedom and reform in the society. U.N. representatives, including the UNSR, the U.N. Working Group on Arbitrary Detention, and independent human rights organizations noted the absence of procedural safeguards in criminal trials. Trials are supposed to be open to the public; however, frequently they are held in closed sessions without access to a lawyer; the right to appeal often is not honored.

There are several different court systems. The two most active are the traditional courts, which adjudicate civil and criminal offenses, and the Islamic Revolutionary Courts. The latter try offenses viewed as potentially threatening to the Islamic Republic, including threats to internal or external security, narcotics and economic crimes, and official corruption. A special clerical court examines alleged transgressions within the clerical establishment, and a military court investigates crimes committed in connection with military or security duties by members of the army, police, and the Revolutionary Guards. A press court hears complaints against publishers, editors, and writers in the media. The Supreme Court has limited review authority.

After the revolution, the judicial system was revised to conform to an Islamic canon based on the Koran, Sunna, and other Islamic sources. Article 157 provides that the Head of the Judiciary, currently Ayatollah Mahmoud Hashemi Shahrudi, shall be a cleric chosen by the Supreme Leader. The head of the Supreme Court and Prosecutor General also must be clerics. Women are barred from serving as judges.

Many aspects of the pre-revolutionary judicial system survived in the civil and criminal courts. For example, defendants have the right to a public trial, may choose their own lawyer, and have the right of appeal. Panels of judges adjudicate trials. There is no jury system in the civil and criminal courts. If post-revolutionary statutes did not address a situation, the Government advised judges to give precedence to their own knowledge and interpretation of Islamic law.

In its 2003 report, the U.N. Working Group on Arbitrary Detention noted failures of due process in the court system caused by the absence of a "culture of counsel" and the previous concentration of authority in the hands of a judge who prosecuted, investigated, and decides cases. The Working Group called for active involvement of counsel in cases, from the custody and investigation phase through the trial and appeals phases. The Working Group welcomed the December 2002 reinstatement of prosecution services, after a 7-year suspension, but noted that this reform had thus far had been applied unevenly, with the judge still having major investigative responsibilities in many jurisdictions. [...]"

Document(s): Open document

25.02.2004 - Source: US Department of State

There are several different court systems, including traditional courts for civil and criminal offenses, the Islamic Revolutionary Courts, a special clerical court, a military court, a press court and the Supreme Court ("Country Reports on Human Rights Practices - 2003") [#19747],  [ID 8418]

"There are several different court systems. The two most active are the traditional courts, which adjudicate civil and criminal offenses, and the Islamic Revolutionary Courts. The latter try offenses viewed as potentially threatening to the Islamic Republic, including threats to internal or external security, narcotics and economic crimes, and official corruption. A special clerical court examines alleged transgressions within the clerical establishment, and a military court investigates crimes committed in connection with military or security duties by members of the army, police, and the Revolutionary Guards. A press court hears complaints against publishers, editors, and writers in the media. The Supreme Court has limited review authority."

Document(s): Open document

10.2002 - Source: UK Home Office

UK Home Office: The traditional court system is not independent and is subject to government and religious influence ("Country Assessment - October 2002") [#9556],  [ID 8419]

"4.14. The traditional court system is not independent and is subject to government and religious influence. The judicial system has been designed to conform, where possible, to an Islamic canon based on the Koran, Sunna, and other Islamic sources. Article 157 provides that the head of the judiciary shall be a cleric chosen by the Supreme Leader. Ayatollah Mohammad Yazdi resigned as the head of the judiciary in August 1999, and was replaced by Ayatollah Mahmoud Hashemi Shahrudi. The head of the Supreme Court and Prosecutor General also must be clerics. There are several different court systems. The two most active are the traditional courts, which adjudicate civil and criminal offences, and the Islamic Revolutionary Courts, established in 1979 to try political offences, narcotics crimes “crimes against God”, economic crimes such as hoarding and overpricing and official corruption. A special clerical court examines alleged transgressions within the clerical establishment and a military court investigates crimes committed in connection with military or security duties by members of the army, police and Revolutionary guards. Defendants have the right to a public trial, may choose their own lawyer, and have the right of appeal. Trials are adjudicated by panels of judges, advised by the government to base their decisions on Islamic law. The Revolutionary Courts may consider cases that are normally in the jurisdiction of the civil and criminal courts, and may also overturn their decisions.

[...]

4.19. Since May 1994, judges have been responsible for prosecution in public and revolutionary courts. Amnesty International has reported that trial hearings are often heard in camera and that political detainees have been denied access to legal counsel during judicial proceedings, despite official assurances to the contrary. Political trials which take place within prisons are sometimes conducted secretly. Where trials and summary proceedings of political prisoners deny the detainee access to legal counsel, they breach Iran's Constitution and also Article 14(D) of the ICCPR, to which Iran is a signatory. Amnesty International cites detainees in Iran having described the use of ill treatment and torture to obtain forced confessions"

Document(s): Open document

1993 - Source:

Iran Land of Norooz (Netiran): The Judiciary ("Iran Land of Norooz (Netiran): The Judiciary") [ID 8420]

"The judiclary is an independent branch whose powers and responsibilities include administration and implementation of justice, supervision on the proper enforcement of the law, of the promotion of legitimate freedoms, protection of individual and public rights, providing due process for the resolution of judicial disputes, and investigation, prosecution, and punishment of criminals in accordance with the Islamic penal code. It is also incumbent upon the Judiciary branch to take adequate measures to prevent crime and to rehabilitate criminals.

The highest Judicial authority is a Justice well versed in judiciary affairs and skillful in the administration of justice. He is appointed by the Leader for a period of five years. The Ministry ofjustice is the official authority to which all grievances and complaints are referred. The Minister of justice is in charge of administrating the Ministry as well as coordinating the relationship between the Judiciary branch and the legislative and executive branches.

The courts are functionally classified according to their area of jurisdiction, civil or criminal, and according to the seriousness of the crime or the litigation, e.g., value of property under dispute or the level of punitive action involved. There are four civil courts: first level civil courts, second level civil courts, independent civil courts, and special civil courts. The latter attend to matters related to family laws and have jurisdiction over divorce and child custody. Criminal courts fall into two categories: first and second level criminal courts. The first level courts have jurisdiction over prosecution for felony charges, while the second level courts try cases that involve lighter punitive action.

In addition to the regular courts, which hear criminal and civil suits, the judiciary encompasses clerical tribunals, revolutionary tribunals, and the Court of Administrative justice. Clerical courts entrusted with the task of trying and punishing misdeeds by the clergy. Revolutionary tribunals are charged with the responsibility of hearing and trying charges of terrorism and offenses against national security. The Court of Administrative justice under the supervision of the head of the judicial branch is authorized to investigate any complaints or objections by people with respect to government officials, organs, and statues. The Constitution also requires the establishment of a Supreme Court with the task of supervising the implementation of laws by the courts and ensuring uniformity in Judicial procedures. The head of the judiciary, in consultation with the judges of the Supreme Court, nominates the Chief of the Supreme Court and the Attomey-General who, among other qualifications, must be specialists in Islamic Law.

The Constitution requires all trials to be open to the public unless the court determines that an open trial would be detrimental to public morality or public order, or in case of private disputes, if both parties request that open hearings not be held."

Document(s): Iran Land of Norooz (Netiran): The Judiciary