Aadel Collection
Third periodic report of the Islamic Republic of Iran of the International Covenant on Civil and Political Rights
LAs received on 27 October 2009]
In the Name of the Almighty
Third Periodic Report of the Islamic Republic of Iran on the International
Covenant on Civil and Political Rights
Department of Human Rights
October 2009
In the Name of the Almighty
1. The Islamic Republic of Iran is a vast country with more than 73 million
population and located in one of the geostrategic areas of the Middle East in
the Persian Gulf. According to the constitution that has been voted on by
more than 98% of the people, the official language is Farsi and the official
religion is Islam. Less than 2% of the population are from religious
minorities who also enjoy equal rights privileges according to the law.
2. The Constitution of the Islamic Republic of Iran was adopted in 1980 with
the votes overwhelming majority of people. It consists of 14 chapters and
177 articles. Chapter 3 of the Constitution, under the title of “The Rights of
People” comprises 24 articles dealing with human rights and fundamental
freedoms.
3. In the constitution of the Islamic Republic of Iran the principle of freedom
figures prominently and is protected strongly. Article 2 of the Constitution
enumerates five principles that are foundational principles of the Islamic
Republic of Iran and in fact the cardinal pillars of Islamic faith. They are the
principles of One God, divine revelation, return to God in the Hereafter,
Justice of God, linainate, the exalted dignity of man and his freedom
coupled with responsibility before God.
4. It is noteworthy that paragraph 7 of the article 2 of the Constitution regards
protection of political and social rights within the confines of law as the
responsibility of the government of the Islamic Republic of Iran.
5. Article 9 of the Constitution also attaches importance to freedom and its
protection in the Islamic Republic of Iran and states that the freedom,
independence, unity, and territorial integrity of the country are inseparable
from one another, and their preservation is the duty of the govenimnent and
all individual citizens. The same article also states that no authority has the
right to abrogate legitimate freedoms, not even by enacting laws and
regulations for that purpose.
6. In the Islamic Republic of Iran all institutions of governmnent arise from the
will and direct or indirect vote of the people. The Leader as the first person
of the country is chosen by the Assembly of Experts whose members are
elected directly by the people. The President and representative of the
parliament are also elected by the direct votes of people. Since the victory of
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the revolution 28 democratic elections have been held. There have been high
turnouts of voters in all elections. In the last presidential election 85% of
eligible voters (more than 40n million) participated in the election.
7. According to Chapter 7 of the constitution and for the purpose of promoting
participation of people in the management of public and local affairs and in
most decision-makings and programmes, the law on establishment of local
councils was adopted and to this day three council elections have been held
nationwide.
8. In 2001, the Head of the Judiciary issued instructions for the establishment
of “High Council for Human Rights” for the purpose of better coordination
between and among relevant organs and in line with the duty placed on him
by the Constitution in respect of humnan rights. The members of this council
comprise representatives from various divisions of the Judiciary and those
from govenimnent agencies and organizations. One of the duties of this
council is to address inadequacies and comnplaints concerning humnan rights
and providing practical operational solutions in line with the laws of the
Islamic Republic of Iran.
9. Concerning the obligations of the Islamic Republic of Iran in respect of
humnan rights, it is noteworthy that the Islamic Republic of Iran is amnong the
first group of countries that in 4 April 1968 acceded to the international
Covenant on Civil and Political Rights. In addition to the Preparatory
Report, Iran has submitted two periodic reports as well.
10. It should also be mnentioned that in addition to the fifth periodic report of
Iran to Committee on Economic, Social and Cultural Rights of the United
Nations that was submitted this year, 19 thi and 20 thi periodic reports was
submitted to the Committee on Prohibition of Racism in the latter part of
2008.
11 .Regarding the Convention on the Rights of the Child, Islamic Republic of
Iran has submnitted its two reports and will submnit its third and fourth reports
in 2010.
12. In keeping with our intention to cooperate with the humnan rights
mnechanismns of the United Nations, the Islamic Republic of Iran has had an
open invitation for the special humnan rights mnechanismns and to this day the
following working groups and rapporteurs have visited the Islamic Republic
of Iran.
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-Working group on arbitrary arrests (Feb. 2003)
- Special Rapporteur on Promotion and Protection of Freedom of Expression and
Opinion (Nov. 2004)
- Special Rapporteur on Human Rights of Migrants (Feb.2004)
- Rapporteur on violence against women (Feb. 2005)
- Rapporteur on Habitat (July 2005)
- Independent Experts of the Secretary-General of the United Nations on violence
against children (2006)
13. Concerning the initiatives of the Islamic Republic of Iran on human rights,
reference should be made summarily to proposal and adoption of the idea of
Dialogue amnong Civilizations in 2001, initiative of Iran in presenting and adoption
of the resolution on humnan rights and cultural diversity by the General Assembly
of the United nations, holding of the mneeting on humnan rights and cultural
diversity for the foreign ministers of the Non-Aligned Movement in 2007,
establishmnent of the NAIVI Center for Humnan Rights and Cultural Diversity in
Tehran and holding of the meeting of the heads of the Judiciary of Islamic
countries in 2007 for the purpose of establishing Legal and Judicial Union of
Islamic Countries.
14. The present report is the third periodic report of the Islamic Republic of Iran on
the basis of article 40 of the International Covenant on Civil and Political Rights.
The purpose of preparing this report is to explain and shed light on some of the
actions and legislative, judicial and executive initiatives of the Islamic Republic of
Iran based on our international obligations, especially those in the International
Covenant on Civil and Political Rights.
Article 1
15. Concerning the right of self-determnination, article 56 of the Constitution of the
Islamic Republic of Iran states: “Absolute sovereignty over the world and man
belongs to God, and it is He Who has made man master of his own social destiny.
No one can deprive man of this divine right, nor subordinate it to the vested
interests of a particular individual or group. The people are to exercise this divine
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right in the manner specified in the following articles”. The Constitution of
Islamic Republic of Iran in paragraph c of article 2 negates all forms of oppression,
both the infliction of and the submission to it. It believes that the political system
should provide for justice and equity, political, economic, social and cultural
independence and national unity.
16. In some parts of article 3 of the Constitution it is stated that the government of
the Islamic Republic of Iran has the duty to completely eliminate imperialism and
prevent foreign influence, to eradicate all forms of despotism and autocracy and
prevent all attempts to monopolize power, to ensure political and social freedoms
within the framework of the law, to promote participation of the entire people in
determining their political, economnic, social, and cultural destiny, to abolish all
fonns of undesirable discrimination and to provide equitable opportunities for all,
in both the material and the intellectual spheres.
17. Article 6 of the constitution states: In the Islamic Republic of Iran, the affairs of
the country must be administered on the basis of public opinion expressed by the
means of elections, including the election of the President, the representatives of
the Islamic Consultative Assembly, and the members of councils, or by means of
referenda in matters specified in other articles of this Constitution.
18. Article 9 states: In the Islamic Republic of Iran, the freedom, independence,
unity, and territorial integrity of the country are inseparable from one another, and
their preservation is the duty of the govenimnent and all individual citizens. No
individual, group, or authority, has the right to infringe in the slightest way upon
the political, cultural, economic, and military independence or the territorial
integrity of Iran under the pretext of exercising freedom. Similarly, no authority
has the right to abrogate legitimate freedoms, not even by enacting laws and
regulations for that purpose, under the pretext of preserving the independence and
territorial integrity of the country.
19. In connection with paragraph 2 of article 1 of the Covenant, the Constitution of
the Islamic Republic of Iran in articles 46 and 47 states:
Everyone is the owner of the fruits of his legitimate business and labor, and no one
may deprive another of the opportunity of business and work under the pretext of
his right to ownership.
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Private ownership, legitimately acquired, is to be respected. The relevant
criteria are detennined by law.
Concerning rejection of domination both the exertion of it and submission to it,
and protection of aspirations of humanity articles 152, 153, and 154 of the
Constitution states:
The foreign policy of the Islamic Republic of Iran is based upon the rejection of
all fonns of domination, both the exertion of it and submission to it, the
preservation of the independence of the country in all respects and its territorial
integrity, the defense of the rights of all Muslims, nonalignment with respect to
the hegeinonic superpowers, and the maintenance of mutually peaceful relations
with all non-belligerent States.
Any fonn of agreement resulting in foreign control over the natural resources,
economy, anny, or culture of the country, as well as other aspects of the
national life, is forbidden.
The Islamic Republic of Iran has as its ideal human felicity throughout human
society, and considers the attainment of independence, freedom, and rule of
justice and truth to be the right of all people of the world. Accordingly, while
scrupulously refraining from all forms of interference in the internal affairs of
other nations, it supports the just struggles of the freedom fighters against the
oppressors in every corner of the globe.
Article 2
20. The Constitution of the Islamic Republic of Iran in article 3 states that in
order to attain the objectives specified in Article 2, and for the purpose of
attaining justice, political, economic social and cultural independence and
national unity, the government of the Islamic Republic of Iran has the duty of
directing all its resources to attain these goals. These goals are listed in 16
paragraphs. These goals and many others that are part of the Constitution
provide the ground for the general policies of the Islamic Republic of Iran.
21. The Twenty-Year Vision does not have qualitative or quantitative indicators
and accordingly the general macro policies are not regarded as qualitative
indicators. These policies are part of the vast reach of the Vision document and
draw the tangible strategies for the attainment of its goals.
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22. The macro policies that have been adopted by the Expediency Council can
be divided into two categories of specific general policies and overall general
policies.
23. The specific general policies are in tenns of subject matter and the target
audience that are especially inclusive. They are binding for the same subject
and relevant agencies. The overall general policies are for diverse subjects and
are generally inclusive and binding for all relevant agencies and institutions.
In this same connection, the strategic policies of the Judiciary can be divided
into overall general policies and those relating to structural and organizational
development of the Judiciary.
First: Overall General Policies of the Judiciary
24. These documents are undoubtedly under the general policies specific to an
institution. In this connection two specific documents have been drawn up in
relation to the Judiciary.
In accordance with article 19 of the Constitution “all people of Iran, whatever
the ethnic group or tribe to which they belong, enjoy equal rights; color, race,
language, and the like, do not bestow any privilege”.
25. Article 20 of the Constitution also states: “All citizens of the country, both
men and women, equally enjoy the protection of the law and enjoy all human,
political, economic, social, and cultural rights, in confonnity with Islamic
criteria”.
26. Moreover paragraph 14 of article 3 of the Constitution stipulates: .. .securing
the mnultifarious rights of all citizens, both women and mnen, and providing legal
protection for all, as well as the equality of all before the law is the duty of the
government of the Islamic Republic of Iran.
27. Paragraph 9 of article 3 of the Constitution regards the abolition of all forms
of undesirable discrimination and the provision of equitable opportunities for
all, in both the material and the intellectual spheres as another duty of the
government of the Islamic Republic of Iran.
28. The overall general policies of the Judiciary were adopted by the
Expediency Council on 28/08/1379 and with some amendments were
promnulgated by the Leader in 17 paragraphs on 28/07/1381. These policies are
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combination of rights of people to enjoy judicial security which are among
fundamental and recognized rights of citizens in all countries. These policies
are:
Paragraph 1. Structural refonn of the judicial system in order to ensure justice,
individual and social security combined with speed and accuracy in view of the
policies stated in subsequent paragraphs,
Paragraph 2. Orderly and efficient use of courts.
Paragraph 3. Use of multiple judges in important cases.
Paragraph 4. Specialization of court proceedings at the required levels.
Paragraph 5. Centralization of administrative affairs that have judicial character
with the definition of judicial essence and amendment of laws and regulations
on that basis and substantive review of all pleas for justice and complaints,
Paragraph 6. Reducing the court and hearing time to reach final ruling within
appropriate time
Paragraph 7. Unification of court and trial procedures in confonnity with the
laws.
Paragraph 8. Improving and strengthening supervisory and inspection capacity
of the Judiciary over executive, judicial agencies and institutions.
Paragraph 9. Use of arbitration and other forms of adjudication in settlement of
disputes
Paragraph 10. Elevating the academic levels of law schools and training
institutions mnatching the needs of judicial system and imnproving legal
knowledge of judges, strengthening research capability of the Judiciary and
paying greater attention to financial and moral conditions of those in charge of
judicial positions.
Paragraph 11. Elevating the knowledge level and moral merits of enforcers of
the Ministry of Justice and creating better conditions for the use of police
forces.
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Paragraph 12. Meeting the financial, organizational and recruitment needs of
the Judiciary in light of articles 156, 157 and 158 of the Constitution.
Article 13. Setting Islamic criteria for all judicial affairs, including adjudication,
principal and agency relations, enforcement, supervision and continuous
follow-up by the Judiciary to ensure good perfonnance.
Paragraph 14. Review of legislations and laws to reduce the title of offences
and prison sentences.
Paragraph 15. To draft legislations relating to the Judiciary
Paragraph 16. Promotion of legal and judicial knowledge in the society.
Paragraph 17. Development of legal assistance and counseling system
General policies of the government to preserve the status and independence of
judges (adopted 27/12/13 84) for the purpose of creating conducive political,
social and cultural conditions to ensure the independence of the judiciary by
following ways:
Independence ofjudges in adjudication of cases, interpretation of laws,
judgment and final ruling.
Evidence-based judgments and rulings without being influenced from outside.
Respecting the status and dignity of judges in the society and administrative
system of the country.
Selection of individuals on the basis of merits relating to their knowledge, piety,
and the required judicial capability.
Setting legal criteria for dismissal, appointments, suspension and transfer of
judges
Providing for the livelihood, security and proper working space for judges.
Precise and rule-based supervision over the work of the judge and applying the
force of the law in respect of judicial violations.
29. Second: General policies relating to the Judiciary: these instruments and
documents can be part of the general policies, some of which are dedicated to
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judiciary, such as general policies relating to management and administrative
system (adopted 15/02/1386) that are somehow related to the Judiciary.
Second: Structural, organizational and Substantive Developments in the
Judiciary
First Subject: Refonn of the Judiciary Organization
Structure of courts and Prosecutor's Office before the abolition of Prosecutor'
Office (Dadsara) comprised General Courts, Reconciliation Courts, Civil
Courts One and Two, Criminal Courts One and Two, General Dadsara,
Revolutionary Courts and Dadsara, Appellate Courts, and Supreme Court.
Structure of courts and Dadsara after revival of Dadsara
General Courts: according to article 4 of the amended law on establishment of
General and Revolutionary Courts adopted in 1381 (attachment A-b), in each
judicial district with more than one branch of general courts, that branch is
divided into civil and criminal branches. Civil courts only deal with civil cases
and criminal courts deal with criminal cases.
General and Revolutionary Dadsaras: according to article 3 of the above-
mentioned law, in each judicial jurisdiction of a city there is a Dadsra with a
General Court. Dadsara is responsible for discovery of crimes, filing lawsuits
from the perspective of divine rights (God's right) and protection of the rights
of the public and Islamic hodood, enforcement of rulings and dealing with
probate matters.
Provincial Criminal Courts: According to Note to article 4 of the above law,
cases for which qisas punishment (death sentence), Q/sas of limbs
(amnputations), stoning, execution and life in prison apply as well as those
relating to press or political offences are tried in the provincial criminal courts.
Cases relating to charges against members of the Expediency Council, the
Council of Guardians, representatives of the Islamic Consultative Assembly,
ministers and their deputies, deputies and advisors of the heads of three
branches of govenunent, ambassadors, Prosecutor and head of the Government
Auditing Tribunal, judges, provincial governors, and general offences by
mnilitary and police officers from brigadier general upward, directors general of
the intelligence services in provinces are all within the competence of Criminal
Court of Tehran, except those that are within the jurisdiction of other judicial
authorities.
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30. In the capital city of each province there is a branch or branches of
Appellate Court as Provincial Criminal Courts. The number of branches is
determined by the head of the Judiciary. This branch needs to have five judges.
31. To facilitate trials, the Head of the Judiciary can order establishment of a
temporary criminal court in the city where an offence has been committed. In
such cases the Prosecutor of that location or his deputy or one of the assistant
prosecutors would assume the duties of the prosecutor.
C. Revolutionary Courts
32. According to article 5 of the aforesaid law, in the capital of each province
and regions where it is deemed to be necessary by the Head of the Judiciary
Revolutionary Courts, as required, are established in order to deal with the
following offences:
- All offences relating to the state security and “waging war against God or
corruption on earth”
- Insulting the founder of the Islamic Republic of Iran and the Supreme Leader.
- Conspiracy against the Islamic Republic of Iran, anned action, assassination
and destruction of institutions for the purpose of acting against the Islamic
Republic.
- Espionage for foreign powers.
- Cases relating to article 49 of the Constitution.
Appellate Court
33. According to article 20 of the law mentioned in paragraph a, for the purpose
of hearing protests against the rulings of the General and Revolutionary Courts,
appellate courts are established in the capital of each province. The Provincial
Court of Appeal has the competence to hear protests against rulings of the
General Courts (Civil, Criminal and Revolutionary Courts).
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Supreme Court
34. According to article 21 of the aforesaid law, appeals against rulings from
Provincial Criminal Courts and those verdicts from the Provincial Appellate
Courts that are appealable are heard by the Supreme Court.
Specialized Courts
Titles of Specialized Courts
Civil Court
Criminal Court
Revolutionary Court
Children Court
Family Court
Provincial Criminal Court
Economic Criminal Court
Medical Court
Computer Crime Court
Driving and Traffic Court
Titles of Specialized Courts under consideration:
Specialized Marine Branch
Specialized Urban Lands Branch
Specialized Branches for Banking Claims
Specialized Branches for Diplomatic Missions, Consulate Offices and
Intentional Organizations in Iran
Specialized Branch for Press Offences
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Specialized Branch for Security Offences
Specialize Branch for Offences against Environment
Developments in the courts
35. The reform of the judiciary is a subject that is emphasized clearly in the
second development plan for the Judiciary. There are a number of paragraphs
dealing with the comprehensive structural refonn of the Judiciary. The reform
is based on the larger and overall mission of the Judiciary and improvement of
the indicators relating to fair distribution of resources (human, financial and
physical). This is a matter that more than anything else arises from the
following needs:
- Preventing unnecessary referrals to the Judiciary
- Promotion the idea of arbitration and settlements by Reconciliation Council
- strengthening interaction in the Judiciary on one hand, and lawyers and
counsels on the other hand.
- Benefiting from comprehensive operational infonnation system and
management
- Dissemination of infonnation amnong those using the Judiciary and the
Judiciary in an efficient and timely manner
Review of interactions between executive branch agencies and the Judiciary.
36. Carrying out these refonns in the Judiciary requires theoretical support, in
matters relating to law, religious jurisprudence, management and other
disciplines. Without research and development one cannot be sure that
achievements would not become obsolete and outdated. Accordingly, the plan
for the refonn of the Judiciary should take into account all principal elements
essential to the Judiciary and those that are related to it. After initial studies, the
following refonns were carried out:
Revival of Dadsaras (Prosecutor's Office)
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37. The Prosecutor's Office as the institution that is responsible for the pursuit
of legal proceedings found its place in the modern Judiciary system of Iran after
the Constitutional Movement. This institution has weathered many changes
with the passage and the exigencies of time. After the victory of the Islamic
Revolution, the function of this institution was tenninated and its duties were
given to the presiding judges in the courts, the Head of the Judicial District.
Experts in this field concluded that omission of Prosecutor's Office gives rise to
new challenges, including lack of specialization of the courts, waste of court's
time, lack of clarity concerning who has the duty to prosecute on behalf of the
public and overlapping of the duties of prosecution and crime investigations.
38. After 8 years without the Prosecutor's Office, the leaders of the judiciary
branch caine to the conclusion that is better to revive this office. The decision
was for the purpose of mitigating the problems of the Judiciary. The General
and Revolutionary Dadsaras were reinstituted, but with more general
jurisdiction covering general and revolutionary offences.
39. Moreover, for the purpose of expediting legal proceedings, the automation
of Dadsaras and courts was given greater priority. Accordingly, all Dadsaras in
the capital of 29 provinces were mechanized and automated by computers.
Presently all citizens can submit complaints, file lawsuits, and present
statements and other documents via internet and find out about the latest
situation of their cases.
40. It is interesting to know that as a result of launching electronic justice
system in more than 130 Court Complexes nationwide or in more than 2300
branches of Dadsara and courts, if the claimant or respondent and other parties
to the litigation and their lawyers leave their contact number in the statement of
complaint and registered by the user in the system, the time of hearing, the
order of the judge, the date of ruling or award and summary of the court verdict
can be sent to the parties via SMS.
41. Other advantages of the system are as follows:
Prevention of loss of dossier in the court
Prevention of bribery and administrative corruption
Helping to reduce crime
Preventing the middleman
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Ease of retrieving he dossier
Preventing loss of the content of the dossier
Reducing the court time
Speed and diligence in responding to the people
Increasing the speed of the proceedings
Reducing the cost of proceedings
Increasing the quality and quantity of cases
Increasing the evaluation and supervision capability of the management of the
Judiciary
Preventing and reducing administrative offences and violations
Providing electronic services to the people
Being able to receive the latest infonnation on the status of the case via
information kiosks.
2. Establishment of the Council of Directors General of the Ministry of Justice
in provinces
42. Among other fundamental measures to achieve the goal of judicial
development and to create better coordination and unity among Directors
General of the Ministry of Justice, affiliated agencies and administrative staff is
the establishment of the Council of Directors General of the Ministry of Justice
in provinces. The Council comprises heads of provincial justice departments,
administrative officials and heads of the affiliated agencies. This council was
established upon the instruction by the Head of the Judiciary in August 1990
and began its formal operation in November 1991. The most important
functions of this council are as follows:
Hearing the reports of the branches of the Ministry of Justice throughout the
country, and reflection of inadequacies and problems of the Judiciary to the
head of the Judiciary and the Council for the purpose of presenting remedial
and corrective proposals.
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Setting judicial and executive priorities of the Judiciary
Presentation and review of the general policies of the Judiciary at different
junctures of time.
Expressing views and opinions on the bills proposed by the Judiciary and
presenting remedial proposals and the required legislations.
Allocation of a branch for violations of human rights
43. According Implementing Regulations 1989/14/3/2/s dated 28/6/1380 it was
decided to establish a branch of the General Courts dedicated to violations of
human rights. With this decision in place, not only cases relating to humnan
rights are reviewed by a special branch, but also the proceedings are expedited.
44. Establishment of these courts does not mean creation of an appellate
authority and does not undennine the independence of the judge. The purpose is
to have branch that is able deal with humnan rights cases without interrupting the
works of the courts, this will prevent tension and would provide better statistics
and numbers. The target audience of these courts is the enforcers of the
Judiciary, prison staff and those dealing with the case of the accused.
Allocation of a branch for children
45. Considering the imnportance of children and for the purpose of increasing the
possibility of protecting their rights, the head of the Judiciary, according to
circular 1105/78/1 dated 15/11/1387, declared if a judiciary district needs a
children court, arrangemnents should be made so that in light of article 231 of the
Criminal Procedures Code for General and Revolutionary Courts to dedicate a
branch or branches cases relating to offences committed by children.
Creation of Reconciliation Council
46. After the victory of the Islamic Revolution, mnandatory arbitration had no
place before the adoption of the Law on Third Development Plan, until the time
the Legislator decided to legislate the Law on Mandatory Arbitration after
trying different laws since 1306. The purpose was to increase people's
participation in settlemnent of disputes. With the adoption of the law concerning
the establishment of General and Revolutionary Courts and article 189 of the
Law on Third Development Plan, Mandatory Arbitration entered a new phase
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and the Reconciliation Council was established. (Article 189 of the Third
Development Plan was adopted in 17/1/1379)
47. For the purpose of reducing the referrals of people to the court, promoting
people's participation in settlement of disputes, settlement of disputes locally
and settlement of disputes that do not have judicial character or their judicial
character is simpler, the cases are reviewed by the Reconciliation Council. The
scope of powers and authority of these councils, their compositions and the
selection of their members are on the basis of Implementing Regulations that
are approved by the Head of the Judiciary, proposed by the Minister of Justice
and also approved by the Council of Ministers. (Article 134 of the Fourth
Development Plan of the Islamic Republic of Iran)
48. Article 189 of the Law on Third Development Plan of the Islamic Republic
of Iran adopted in 17/1/1379 and amended was in force for the Fourth
Development Plan.
49. Imnplemnenting Regulations for article 189 of the Third Developmnent Plan
and article 134 of the Fourth Development Plan were firs published in the
Official Gazette, issue 16747. These Imnplemnenting Regulations are in 23
articles.
Instruction for establishment of Specialized Reconciliation Councils
50. In light of the short text of the Imnplemnenting Regulations and its silence on
many cases and the need to create specialized reconciliation councils to
improve the perfonnance of this mechanisms and pave the way for interactions
with other agencies, a number of meetings were held with members of different
professions, and some articles were adopted in the fonn of circulars and
instructions.
Instructions for the establishmnent of reconciliation councils for trade disputes,
adopted 2/4/13 84
Instructions for the establishmnent of reconciliation councils for transport sector
Instruction for the establishmnent of reconciliation councils for children,
12/1013 85
Instructions for the establishmnent of reconciliation councils for business and
commercial insurance, adopted 20/3/1386
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Instructions for the establishment of reconciliation councils for teachers,
adopted 3 1/6/1386
Instructions for the establishment of reconciliation councils for medical affairs,
adopted 3 1/6/1386
Implementing Regulations for the establishment of the reconciliation council of
the Administrative Justice Tribunal (for civil servants), adopted on 13/8/1386
Statistical Review of the Reconciliation Councils
51. With the end of the Iranian mnonth Sharivar 1387, the numnber of councils in
the country was 15,748. The councils were assisted by 3,207 judges, 3,058
personnel of the Ministry of Justice and 103,114 volunteer members.
52. In the first 6 month of the current year, more than 2,623,069 cases were
taken up by the councils, of which 257,126 cases were settled.
53. The cases are dealt with through referrals by courts, police stations referral
by people seeking settlement of disputes. The councils attach priority to
reconciliation and take special group of cases and complaints. The scope of
jurisdiction of Reconciliation Councils is stipulated in the law.
54. Appointment of women as members or secretaries of the Council and
offering training to them in order to cultivate skilled human resources are
among the achievements of the Councils. The planners and organizers of the
Council try to employ women mostly in the Councils dealing with womnen, such
as Family Councils. Gender distribution among the members of the Councils
and presence of women in the Councils re according to the following table:
Title
Women —
Number
Men- number
Total
Nuinberf
principal
members
3723
58262
61985
Nuinberof
secretaries
3587
10098
13685
Nuinberof
alternate
1766
25678
27444
18
members
Total 9076 94238 103114
As was explained earlier, the Reconciliation Councils were established in the
latter part of 1381 their number is shown below:
Number of Reconciliation Councils
Year
Number of Branches
1381
287
82
6269
83
11412
84
17291
85
17000
86
15922
87
15740
E stablishmnent of Quasi-Judicial and Medical Bodies
55. In light of the technical nature of medical cases, violations and offences in
this field cannot be adjudicated solely by judges and the presence of experts in
such cases is not merely accidental but something that happens continuously.
Therefore, in order to provide the possibility of continuous presence of medical
experts along with judicial officials, and to help both the defendants and
claimants in such litigations, special quasi judicial bodies have been
established. The members are medical profession and judges. This body has the
exclusive jurisdiction over medical malpractice or other similar cases.
Development of Information and Communication Technology
56. Development of infonnation and communications technology has been one
of the priorities of the Judiciary. For this purpose, the following plans have been
devised:
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Court Management System Plan
Court experts system
Plan for mechanized integrated systems
Court Management Plan
57. This plan is for the purpose of implementing Criminal and Civil Procedures
Codes and to increase the speed, the accuracy and quality of court proceedings.
Moreover, this plan has about 40 more advantages in respect of management,
supervision, and productivity, of the Judiciary.
58. The civil part of this system that was completed in June 2004 and was
launched in the first electronic judiciary complex in the country. The head of
the Judiciary inaugurated this complex in 2005. It is noteworthy that volume of
data and software for the civil section is more than 700 megabytes. The
criminal section was also completed in 25005.
59. Using this system, delay in receiving information the status of cases in
cities should not more than 24 hours in the cities and 3 to 7 days in the districts.
Judicial Experts System
60. This system includes facilities consisting of data based on deductive system
and acts like an expert, this system simulate judicial behavior of a highly
qualified and expert judge.
61. Amnong the advantages of this system is the fact that it can assist the judges
to preserve past experiences, assist them in the adjudication, and help them and
lawyers to have better access to legal data bases.
62. The pilot Judicial Expert System for crimninal cases relating to theft was
launched in June 2004. In this system, 189 articles of law relating to theft are
put together. For this purpose, a group of 12 system, software and legal experts
worked for 8 months. This system initially deals with the competence of the
court, then matters relating to ruling, corroborative evidence and general
matters such as pardon and reduced sentences. Finally the proposed ruling and
decision of the court is studied and made available to the judge. Accompanying
the proposed ruling are all the necessary legal agreements and resources from
gh in a form of a report.
20
Second Discussions
Structural Adinini strative Reform
Paragraph 1: establishment of International Affairs Office
63. This office was established in 1369 with the aim of conducting the foreign
relations of the Judiciary. The purpose of this office is to promote judicial
cooperation with other countries and human rights organizations. Maj or part of
its activities relate to promotion of respect of human rights, creating conducive
conditions for the exercise of these rights, responding to human rights
communications from the United Nations and participating at international
seminars. This office was elevated in 1381 to be a part of the Deputyship for
International Real tins which includes General Department for Treaties and
Human Rights and the General Department for External Relations and the
General Department for Affairs of Iranians Abroad.
Paragraph 2 General Department for Public Relations of the Judiciary
64. This department applies different ways and methods to promote the right of
people to have access to information and to have access to courts and secure
their rights.
Paragraphs 3: Establishment of Inforinatics Council in the Office of the Head of
the Judiciary
65. In light of the need to increase the efficiency of the Judiciary in the
advancement of judicial affairs, a committee comprising experts assumed the
responsibility to prepare the plan for the management of Infonnatics System.
The members of this committee are active in expediting the functions of eh
judiciary and protecting the rights of people. In 1378, the Committee was
elevated to Infonnatics Council of the Judiciary. This council ahs to this day
reviewed the following activities:
66. IVleasures taken by the administrative units, 2. IMleasures taken in the
branches of the Ministry of Justice and the courts, 3. Feasibility studies on high-
speed communication lines, 4. measures taken in respect of Internet, 5,
measures taken in respect of the Official Gazette, 6. Automation of courts, 7.
Software activities.
21
Paragraph 4: Education and Training in the Judiciary
67. Before the victory of the Islamic Revolution, education and training in the
Judiciary was the responsibility of the general Department for Training, which
carried out its duties in five main areas:
- Training of “Justice Soldiers”
- Training of administrative personnel
- Judicial training
- Training of students referred to the Judiciary from other agencies.
- Judicial meetings that informally were connected to training and education.
68. After the victory of the Islamic Revolution, education and training was
divided into two periods, from 1358 to 1378 and from 1378 to the present. In
these two periods attention has been paid to improvement of the proficiency and
skills of the human resources of the Judiciary and affiliated professions as well
public awareness programmes. The training programmes have resulted in
development and expansion of training as follows:
Structural development of training by elevating the level of General Department
to deputyship level.
Development of the fundamentals of education and training in the Judiciary
Development of training objectives
Development and defining of the target groups and audience
Development by training classifications
Development by improving perfonnance indicators.
Paragraph 5: Deputyship for Legal Affairs and Judicial Developmnent/
69. The office of the Deputy Head of the Judiciary has under its purview the
General Department for Drafting of Bills and Plans, and the Center for Judicial
Development Studies. It has been involved in reviewing strategic issues in the
Twenty-Yea Vision of eh Islamic Republic of Iran, The Law on Fourth
22
Economic, Social and Cultural Development Plan, general policies relating to
judicial inaters, comprehensive operational five-year development plan. It has
tried, like other sections of the Judiciary, to facilitate the exercise of the rights
of citizens. Accordingly, preparation, review, amendment of laws and
presenting recommendations to facilitate the proceedings of court cases ad
reducing the volume of work in the courts have been among the achievements
of this department. The efforts and activities of this department are explained
below by introducing the structure, duties and programmes of the following two
sections: fist, Department for Drafting of Bills and Plans, and second, the
Center of Judicial Development Studies.
General Department for Drafting of Bills and Plans of the Judiciary
70 The General Department for Drafting of Bills and Plans started its work in
the second half of 1383. This department's purpose is to apply and use
development plans that have tested in research centers. It has the duty of
preparing and fonnulating bills and plans.
To discharge this duty, the department has four other departments which carry
out the bulk of he work. These departments have judicial counselors, judges
seconded to them, researches and administrative staff.
Department for Drafting Civil Bills
71. Private law covers a broad scope, such as civil law, family law, personal
status, insurance, principal and agency meters, citizenship, business law, civil
procedures and many other subjects. This department has the duty to prepare
and drat bill, implementing regulations and other instrumnents with legal
character. It also expresses it opinion legal subjects referred to it by other
departments.
Department for Drafting Bills on Criminal Matters
72. Criminal matters have always been accorded the first priority in Judiciary
refonns. Issues relating alternative sentencing other than prison and
decriminalization are within the purview of this departmnent. Therefore, as it
was expected, this department has a large volume of works in its hands.
23
Department for Drafting General Bills
73. This department was established in 184 and has the duty to prepare and
draft bills, implementing regulations and other directives related to these
subjects, amendments and evaluation, counseling on international and public
law.
Department for Evaluation of Laws
74. This department is intended to make and assessment on the needs other
aspects of laws. It began its work from the beginning of 1385. Needles to say,
in light of the large volume of legislations that have not been evaluated and the
fact than eve in the legislative history of the country we had such a body; it
takes much effort to make it a success.
Areas of the activities of eh General Departmnent for Drafting of Bills
-Research and applied studies;
- Holding of seminars, conferences and roundtables
Cooperation with other sections of the Deputyship for Legal Affairs and
Judicial Development, and other organs of the Judiciary
Dissemination of infonnation and recommendations to senior officials of the
Judiciary
Providing views and opinions on bills, imnplemnenting regulations and legal
subjects
Establishment of working groups and technical cells
Preparation and publication of brochures and books
Participation at mneetings and national and international symnposiumns
Relations with government and international forums and agencies for
exchanging views and collaborative relationships
Providing infonnation via internet publications and sites
24
Assessment and refonn of legislations
Preparation and assisting in legislation of laws, implementing regulations and
directives
Establishment of the High Council of Judicial Development and the Center for
Strategic Studies and Judicial Development
75. In discharging the duties assigned to the Judiciary by the Constitution, the
High Council and the Center for Strategic Studies was established. The mission
of this council is to articulate strategies, macro policies of he Judiciary,
evaluation of the realization of intended objectives, realization of the imnportant
missions of he Judiciary, identification of the main areas in need of refonn,
reviewing of the vision for judicial development and presentation of
consultative recommendations and practical proposals.
76. To achieve these goals, five expert commissions and number of committees
have been established:
Commission on Policies Relating to Criminal Matters
Commission on Civil Laws
Commission Business and Trade Law
Commission on Protection of the Rights of Women and Children
Committee on public Law
Duties
Duties and tenns of reference of the above-mentioned commissions are as
follows:
Preparation and drafting of judicial legislations and bills relating to criminal
matters, business and trade, civil law, international law, women and children.
Conducting applied studies for drafting of legislations and bills.
Conducting theoretical studies in the fields relating to judicial developmnent.
Conducting national and local surveys on various areas of judicial development.
25
Evaluation of policies, programmes and the existing substantive and procedural
laws.
Research and evaluation of civil participation mechanisms for he
implementation of judicial development programmes
Providing research and counseling services to different sections of the Judiciary
on various areas of judicial development.
Holding of seminars and conferences at national and international level on the
subject of judicial development.
Fonnulation of strategies, policies, and programmes for judicial development
and helping in correct implementation of laws.
Articulation of policies on crime prevention (paragraph 5 of article 156 of the
Constitution)
Preparing an statistical system
Preparation and publishing of books, professional journals on he subject of
judicial development.
Cases referred to it by the legal and judicial development section.
Paragraph 6: The Center for Counselors Affairs
77. The Legislator required the Judiciary to establish legal counselors institutes
by issuing authorization to the graduates of law schools after confirming their
eligibility,. This requirement is in accordance with article 187 of the Law on the
Third Economic, Social and Cultural Plan which seeks to protect right of
people, to facilitate access to legal services, and to promote public good.
78. This center started its work with meager resources in keeping with the
paragraphs 5, 13 and 17 of the overall judicial policies promulgated by the
Leader to achieve the following goals: to increase the presence of lawyers, and
legal counselors during court proceedings, to improve the quality of legal
assistance and guidance services, to improve fair access of people to legal
guidance and assistance services, to increase the number of legal counseling
centers nationwide, and to provide greater support to lawyers.
26
These important objectives have been emphasized and great steps have been
taken in putting into operation the comprehensive and operational five-year
judicial development plan.
Paragraph 7. Introduction of the Center for Response, Empowerment and
Electronic Services of the Judiciary
79. The Center for Response, Empowerment and Electronic Services of the
Judiciary was inaugurated officially on 22 Azar 13 84with the strong emphasis
by the Leader for the purpose of expanding and facilitating legal services for
the citizens and development of citizens rights.
80. This center, while offering its services in three areas responding
empowerment, and electronic services, hopes to take effective steps forward
and raise the legal knowledge and awareness of the public, the officials and
especially the youth. Citizens of Iran and some neighboring countries have the
possibility of contacting telephone number 129 in Tehran and 09699 in other
cities to choose the right services in the options available in the call menu.
Direct contact of people with the legal counselors, and officials of the Judiciary
and sending SMS to the Head of the Judiciary.
81. Presently 11 experienced counselors are working in this section. The orking
hours of the counselors are about 7 hours daily. On the average, each counselor
answers about 45 calls. People can present suggestions and their complaints by
choosing the right option in the call menu. They can also present private request
concerning a particular case such as meeting with the Head of the Judiciary,
requesting clemency or pardon, expedition of the court proceedings, and state
grievances about violations of their rights.
82. If the information and response concerning a particular legal subject is what
is intended, then they can dial 3 and present their queries and replies will be
given in 48 hours.
Numnbers of Voice Boxes of the Officials of the Judiciary
Number
Name
of the Official
Number of the
Voice Box
1
Head
of he Judiciary
112
27
2
Deputy Head of the Judiciary
113
3
Prosecutor General
114
4
President of the Supreme Court
115
5
The Head of the Office of the Head of
Judiciary
116
6
Head of he Judges Disciplinary court
117
7
President of the Administration Tribunal
118
8
Minister of Justice
119
9
Head of 129 Call Center
120
10
Deputy Head of Administration and Finance
121
11
Deputy of Education
122
12
Deputy Head for Legal Affairs and Judicial
Development
123
13
Head of General Inspectorate
124
14
Head of the Organization for Registration of
Deeds_and Property
125
15
Head of Prison Organization and Security
and Correctional
Affairs
126
16
Head of Forensic Medicine Organization
127
17
Head of the Center for Information
Protection
128
18
Director General for Legal Affairs,
Documents_and_Translators
129
19
Director general for Public Relations
131
20
Director general of the Secretariat
132
21
Head of the Center for Legal Counselors,
Lawyers,_and_Experts_of the_Judiciary
133
22
Director General for Provincial Affairs
134
23
Disciplinary Prosecutor of Judges
135
24
Head of Judicial Organization of he Anned
Forces
136
25
Head of the Justice Ministry of Tehran
137
26
General and Revolutionary Prosecutor of
Tehran
138
27
Director General of International Relations
139
28
Director General for Supervision and
Follow-up
141
29
Head of Special Supervision
142
28
30 Head of Supervision Board on Citizens 143
Rights
Total Number of Contac's, Broken down by Year
Month Yea 1385 Year 1386 Year 1387
Farvardin 124,325 126,207 126,774
Ordibehsht 156,547 168,543 F58470
Khordad 174,240 156,726 203,522
Tir 243,335 221,844 217,567
Mordad 190,728 207,848 197,176
Shahrivar 173,738 216,112 253,100
Mehr 183,916 161,691 171,504
Aban 145,990 163,217 136,872
Azar 145,721 120,364 151,970
Dey 142,126 162,612 156,068
Bahmnan 136,775 165,149 163,822
Esfand 137,142 131,815 156,073
Total 1,954,583 2,002,128 2,092,920
Surveys show that number of contacts in 186 increased 2.43% coinpred to
1385, also in 1387 4.5% compare to 1386. This increase shows that 129 Call
Center has succeeded in its mission.
Total Number of Contacts With the Head of the Judiciary
Month
Year1385
Year 1386
Year 1387
Farvardin
42,848
183
1,148
Ordibehesht
53,597
458
1,264
Khordad
52,182
1,289
2,424
Tir
69,004
2,059
3,274
Mordad
66,293
1,630
3,149
Shahrivar
51,806
1,548
2,148
Mehr
44,832
1,250
1,834
Aban
39,872
1,130
1,562
Azar
51,466
993
1,746
Dey
56,677
1,190
1,482
Bahmnan
51,659
1,463
1,651
Esfand
1,59
1,508
29
Total 5
8o,236 14,252 23,190
Statistics for the year 1385
Number
Subject
Number of
contacts
1
Contacts with counselors
662,192
2
Contacts with tl
Judiciary
e voice box of the Head of
577,328
3
Co
ntacts with q
uestion and answer voice box
238,410
4 Contacts with other officials of he Judiciary 2,898
Total 1,480,82
Statistics for the year 1386
Number Subject Number of
Contacts
1 Contacts with legal counselors 126,563
2 Contacts with voice box of the head of the 14,288
Judiciary
3 Contacts with Question and answer voice 94,213
box
Total 235,064
Statistics for the year 1387
Number
1
2
3
Subject
Contacts with legal counselors
Contacts with voice box of the head of the
Judiciary
Contacts with Question and answer voice
box
Total
Number of
Contacts
128,791
16,826
94,849
240,466
Number
1
Month Total number of
contacts
Farvardin 126,774
30
2
Ordibehesht
158,470
3
Khordad
203,522
4
Tir
217,567
5
Mordad
197,176
6
Shahrivar
253,100
7
Mehr
171,504
8
Aban
136,874
9
Azar
151,970
10
Dey
156,068
11
Bahman
163,822
12
Esfand
156,073
Total
2,092,920
Third Discussion: Supervisory and Inspection Agencies
83. In light of the supervisory and oversight duties of the Judiciary as stated in
article 156 of the Constitution, there are authorites and agencies that supervise
the functioning of the Judiciary and the public can refer to them for redress of
their rights. These authorities are in each of he three branches of the
govenimnent:
Supreme Court
Prosecutor's Office
Administration Justice Tribunal
General Inspectorate Organization
Judicial Organization of the Armed Forces
Supervision and Evaluation of Judges
Disciplinary Courts of Judges
Special General Courts for Govenimnent Employees
The office of Supervision and Follow-up
31
Paragraph 1 — Supreme Court
84. Supreme Court is the highest court of the land that according to article 161
of the Constitution the Supreme Court is formed for the purpose of supervising
the correct implementation of the laws by the courts, ensuring uniformity of
judicial procedure. and fulfilling any other responsibilities assigned to it by law.
Organization of the Supreme Court
The Supreme Court had two divisions, branches of the supreme Court and the
courts of the Supreme Court.
Branches of the Supreme Court
85. From its very inception the Supreme Court was divided into civil and
crimninal branches. This division, although being presently functional, the
branches of the Supreme Court are dedicated to hearing civil, criminal and
family cases. However, according to the law, the jurisdiction of the court is
general and not limited to a special subject. The Court ordinarily exercises
oversight duty over the correct implementation of the law in the courts by the
appellate procedure.
Courts of the Supreme Court
86. The courts of the Supreme Court are presided over by the Prosecutor
General under the auspices of the Supreme Court. In addition to a number of
deputies, these courts have a number of assistant prosecutors that carry out their
legal duties under the supervision of the Prosecutor General. These courts are
one indivisible unit, and decisions of the deputies and assistant prosecutors are
in fact the decisions of the courts of the Supreme Court and the Prosecutor
general. The important duty that has been assigned to the Courts of The
Supreme Court according to the recent amendment of the Law on the
Establishment of General and Revolutionary Courts of 2006 is the right of these
courts to reject and abrogate the final rulings of the lower courts and branches
of the Supremne Court by declaration to the Head of the Judiciary is the ruling is
deemed to be contrary to the rule of Sharia.
Duties of the Supreme Court
87. According to article l6lof the Constitution, the Supreme Court is fonned
for the purpose of supervising the correct implementation of the laws by the
32
courts, ensuring uniformity of judicial procedure, and fulfilling any other
responsibilities assigned to it by law. Moreover, according to the law, the
President of the Supreme Court has other duties in addition to presiding over
the administration of the Supreme Court and the General Board of the Supreme
Court.
Paragraph 2: Prosecutor General
88. According to the Constitution, the Prosecutor-General must be just
honorable man and well versed in judicial matters. He is nominated by the head
of the judiciary branch for a period of five years, in consultation with the judges
of the Supreme Court.
The Prosecutor-General presides over the Courts of the Supreme Court
(Dadsara). The duties of the Prosecutor-General are as follows:
Relations with the Judiciary
Presenting consultative opinions of change of position or location of service of
judges according to article 164 of the Constitution.
Receiving recommendation from the Chief of Prison Organization and Security
and Correctional Measures for the approval of the head of the Judiciary.
Relations with the Supreme Court
Attendance at the meetings of the General Board of the Supreme Court.
Requesting and agreeing to the trial resumption
Relations with the Judges Disciplinary Court
Ordering prosecution and inspection of the perfonnance of judges to the Judges
Disciplinary Court
Settlement of disputes between the Prosecutor and Assistant Prosecutor of the
Judges Disciplinary Court.
Relations with the General courts
33
Agreeing to request for appeal to rulings from General Courts with the report of
the General Inspectorate Organization in relation to he Revolutionary Courts.
Approval of death sentence rulings relating to illicit narcotic drugs according to
article 32 of Anti-Narcotics Law, approve by the Expediency Council in 1367
Revision of rulings on sentences relating to narcotics according to the latter part
of Article 32 of the above-mentioned law.
Relations with military courts
Requesting appeal according to articles 8 and 17 of the Law on Appeals
Relations with Prisons Organization
Right to enter the prisons
Designating a representative for membership at eh Board of Governors of the
Society for the Support of Prisoners.
Paragraph 3: Administration Justice Tribunal
89. To put into operation article 173 of the Constitution, the Administration
Justice Tribunal was established in 1360 in order to investigate the complaints,
grievances, and objections of the people with respect to govenimnent officials,
organs, and statutes.
According to article 13 of the Law on Administration Justice Tribunal, the
jurisdiction and the powers of the Tribunal are as follows:
Review of complaints and objections by real and legal persons
Decisions and actions by government mninistries, organizations institutions and
government-and municipality owned companies, and revolutionary
instrumnentalities or affiliated organs
Actions and decisions by the agents of these instrumnentalities in matter relating
to their duties.
34
Addressing protests and complaints against the rulings and decisions of he
administrative courts, inspection boards and commissions such as the tax
commission, Council on Workshops, Labour and Employer Settlement Dispute
Board.
Commission on Article 100 of the Municipality, Commission on Article 56 f
Law on Protection and Exploitation of forests and Natural Resources,
exclusively in tenns of violations of their rules.
Reviewing complaints by judges and govenimnent employees covered by Civil
Service Law and other employees of the above-mentioned units and institutions
in paragraph 1 and employees that the coverage of this laws requires
mnentioning the namne, both civil and mnilitary, in matters relating to
infringements of their employment contracts.
Below are some of the examples of the rulings by the General board of he
Administration Justice Tribunal
Cancellation of f one of the protested ruling by the Tribunal and confinnation of
eh ruling concerning the illegality of the failure to recruit into official
employment contract employees under the pretext of omission of the budget
line (Numnber 77 dated 20/6/79).
Cancellation of the protested ruling and confirmation of the ruling by one of the
branches of the Tribunal concerning exoneration of the employee of the
Ministry of Education of administrative infringements. (Number 78).
Cancellation of the protested ruling and confirmation of the ruling by one of the
branches of the Tribunal concerning the restitution of the employment and
cancelation of the tennination order. (Numnber 73 dated 20/9/7 3)
Cancellation of the ruling and approval confirmation of eh ruing by a branch of
the Admninistration Justice Tribunal conceniing the illegality of more
aggravated punitive measure for requesting appeal on the basis of the Law on
Admninistrative Violations (Numnber 68 date 2/5/69)
Cancellation of the ruling and confinnation of the decision of the Tribunal
concerning failure to employ an applicant due to not receiving a final reply
from the Selection Unit after two years.
35
Declaring contradiction oin the ruling and confinnation of the ruling by a
branch of the Tribunal concerning employment tennination orders and
imposition of penalties by the Administrative Courts before adoption of the
Law on Rehabilitation of Human Resources dated 5/7/60 (number 68).
Declaring contradiction on the ruling and confinnation of eh decision
concerning the fact that absence of validity is no reason for depriving the rights
of government employees (Number 70 dated 11/9/71)
Declaring contradiction on the ruling and confinnation of the decision on
acquittal of a government employee of charges that led to suspension of
payment of salary and benefit (Numnber 73 dated 26/3/75)
Declaring contradiction on the ruling and confirmation of eh decision by one of
the branches of Administration Justice Tribunal that stated tennination from a
particular job was not emnploymnent tennination (Numnber 73 dated 19/2/75)
Declaring contradiction on the ruling and confirmation concerning cancellation
of the decision of the repurchase of a govenimnent employee services does not
preclude accounting the time spent as a conscript and service repurchase time in
retiremnent (Numnber 74 dated 27/1/75).
90. Article 14 of the Law on Establishmnent of the Administration Justice
Tribunal stipulates: if the decisions and actions that are the subject of a
comnplaint cause forfeiture of the rights, the branch hearing the case should issue
an order to abrogate the ruling or correct eh effects of the ruling and require the
other party to restore the rights of the complainant.
91. According to the Note to this article, after the issuance of the ruling on the
basis of the above-mentioned law, the bodies hearing the complaint should
enforce the ruling and are required to abide by its provisions in their future
decisions and actions.
92. According to article 15 of the Law on Admninistrative Justice Tribunal, if the
complainant during filing of the complaint or afterward claims that the
imnplemnentation of the mneasures or decisions relating to the final rulings or
refraining from carrying out their duties by persons or agencies stated in article
13 cause damage that is irreparable, the branch handling the case can, if proven
to be urgent, issue temnporary restraining order for the enforcement of the said
mneasures and decisions and he rulings.
36
Note: the temporary order has no effect on the original complaint and only if
the complaint is rejected or the original request is expunged then it would be
ineffective.
Article 19 of the Law on Administrative Justice Tribunal enumerates the scope
of jurisdiction and powers of the Tribunal as follows:
93. Hearing the complaints and grievances and protests by real and legal
persons concerning by-laws, and other regulations of the govenimnent and
municipalities in respect of their contradiction with the laws and rights of
individuals in cases where these decisions or regulations, as the result of their
inconsistency with the law, or incompetence of the body taking those measures
or violation and transgression of the authority in the enforcement of the law and
regulations.
Issuing rulings concerning unifonnity on a similar case where different rulings
have been issued.
Note: Hearing the decision of the Judiciary and the decrees and directives of the
Council of Guardians of the Constitution, Expediency Council, Assembly of
Experts, National Security Council and Cultural Revolutionary Council are
outside of the scope of this article.
94. According to article 20 of the Law on Admninistrative Justice Tribunal, the
effects of decrees are from the time of issuance of the ruling by the General
Board, unless the provisions of the decrees are contrary to Sharia or when the
Board declares its effect to be from the time of approval in order to prevent
violation of the rights of people.
For example, mention could be made of the following examples from the
rulings issued by the General Board of the Administrative Justice Tribunal:
Cancellation of the decree by the Police concerning the search of vehicles
without the court authorization (Numnber 79 dated 17/6/1380)
Cancellation of a directive by the civil Aviation Organization concerning
liberalization of air freight and passenger rates (Numnber 82 26/4/82)
Cancellation of eh directive by the Central Board of Student Selection and
Central Disciplinary committee of Universities concenling finality and non-
37
appealable character of the decisions of the Article 90 Committee of is
contradiction with the Constitution (Number 74 dated 27/9/78)
Cancelation of the Directive by the Ministry of Justice concerning Note 5 to
Article 25 of the Law on Registration of Deeds and Property (Number 76 dated
22/4/78)
Cancellation of a paragraph in the Directive of the Ministry of Health in favour
of a graduate of medicine.
Cancelation of the Directive by the Banks Supervisory Department of eh
Central Bank of eh Islamic Republic of Ian in favour of issuer of a check
concenling the possibility of issuing “stop payment' for one time only (umber
79 dated 9/4/80)
Cancellation f a Directive by the Ministry of Mines and Metals concerning
setting the age of 45 for retirement (Number 62 dated 7/7/69)
Cancelation of paragraph 5 of implementing Regulations on Urbn Lands
concerning change of zoning from fanning to residential (Number 67 dated
20/9/67)
Cancellation of the Directive by the Ministry of Educaion that was contrary to
the law on rehabilitation of human resources arguing that the Standby situation
of employees is actual employment and should not be regarded as a penalty
(Numnber 64 dated 2 1/8/67)
Cancellation of the directive by the finance Deputyship of the Ministry of
Justice concerning deducting from salaries without the consent of the employee
(Numnber 69 dated 30/9/71)
Cancellation o paragraph c from Implementing Regulations on applying
subscription of telephone line from the Telecommunication Company
concerning the arrest of the telephone line (Numnber 70 dated 13/7/72)
Cancelation of article 18 if eh implementing Regulations of eh Registration of
Deeds and Property Organization and the Directive of the Prime Minister of the
Islamic Republic of Iran concerning long-term educational programmes
(Numnber 71 dated 11/4/76)
38
Cancelation of the Directive by the Director General of eh Ministry of
Education in Isfahan dated 21/2/73 and cancellation of the Directive dated
20/2/73 by the Director General of Administration of the Ministry of Education
concerning terminating employment contracts of those pledged to be employed
after graduation (Number 6 dated 23/10/76)
Cancellation from Markazi Provincial Administration dated 3/6/7 5, because it
was beyond its authority (Number 76 dated 30/11/76)
Cancellation of article 15 of the Implementing Regulations of he Law on Ways
of Applying Government Punitive Measure on smuggled goods and foreign
currency, because it was beyond its authority (Numnber 75 dated 6/9/75)
Cancellation of the directive by the Municipality of Mashhad dated 21/12/72
concerning value added levies. (Numnber 75 dated 2 1/12/72)
Cancellation of one paragraph or the Minutes of the Meeting of the Board of
Governors of Social Security Organization dad 12/6/1278 and directive issued
concerning the right of workers in traditional dairy farms to benefit from Social
Security insurance (the directive was beyond the authority of the Board of
Governors) (numnber 79 dated 23/11/80)
Cancellation of the directive by the Ministry of Power concerning the increase
in electricity prices charged to general subscribers in years 1375,1376,1377, and
1378 (numnber 79 dated 21/11/80).
Cancelation of the directive 4827 dated 1374 of the Governmnent Punitive
Measures Organization (number 77 dated 20/8/7 8), cancellation of the directive
from the 83 mneeting in 1365, and 439 thi mneeting dated 1377 of the Council of
Cultural Revolution concerning depriving of he rith to appeal and complain to a
judicial authority by students (adopted in the mneeting 439 dated 25/12/75 of he
Admninistrative Justice Tribunal)
Cancellation of the directive dated 1/1 1/1365 of the Ministry of Power
concerning acceptable income and expenditures indicators relating to
determining the fees for supervision which were outside the competence of the
Ministry ofjihad and Agriculture, Council of Ministers, Ministry of Power, the
Constitution and the legal authority of the Ministry of Power (Numnber 78 dated
1382)
39
Cancellation of directive dated 22/2/1381 of the Tax Adrninistrtion because it
was clearly contrary to the letter of the law and ouside of the authority of the
Office of Adjustment and Supervision of Labour Relations (Number 81 dated
26/4/1382)
Cancelation of the directive dated 10/9/1376 of the Police because it was
contrary to the articles of the constitution and contrary to the laws on the
necessity of obeying the instructions from judicial officers and was beyond the
authority of the Police Commander to legislate binding rules (number 82 dated
11/6/82.
Paragraph 2: General Inspectorate Organization
95. The General Inspectorate Organization was established on the basis of
article 174 of the Constitution to supervise the proper conducting of affairs and
the correct implementation of laws by the administrative organs of the
government. It was established in 1360 and is under the supervision of the Head
of the Judiciary who discharges the duties assigned to him in accordance with
the relevant law. The Head of the General Inspectorate Organization is
appointed by the Head of the Judiciary from among Sharia judges, or judges
with judicial rank of 10 or 11.
According to article 2 of the law on establishment of the General Inspectorate
Organization, its duties and powers are as follows:
96. Continuous inspection and supervision over all ministries and over
administrative and financial affairs of the Ministry of Justice, organization and
agencies affiliated to the Judiciary, police , govenimnent owned companies,
mnunicipalities, organizations affiliated to themn, notaries public, charitable
organizations, revolutionary organizations and agencies that all or part of their
capital or shares belong to the government and all other instrumentalities for
which the coverage of this law requires mentioning their names.
97. Conducting special inspections and auditing according to the instruction
from the Leader or the Head of the Judiciary, the president, Article 90
Committee of the Islamic Consultative Assembly, upon the request from
relevant Minister or the official in charge of an executive agency or any case
deemed necessary by the head of the Organization.
98. Declaring the cases of violations administrative and financial misconduct in
ministries , revolutionary organs, foundations to the President and in respect of
40
government-owned companies to the relevant minister, and in respect of non-
governmental institutions that receive government assistance to the relevant
mninster and in respect of municipal administration to the IlVlinister of Interior,
with respect to administrative and financial misconduct by agencies affiliated to
the Judiciary or Ministry of Justice to the Head of the Judiciary and in mattes
where the case is referred by Article 90 Committee to that committee.
Structure and Organization of the General Inspectorate Organization
99. This organization has four line divisions in areas relating to Economy and
Infrastructure, Production and Agriculture, Politics and Judiciary, Cultural and
Social and Affairs. It hasl7 general departments that conduct he activities
relating to supervision and inspection in the governmnent agencies, it also has a
division that is in charge of planning and resource management.
100. In order to facilitate access of people, expand communication and have
timely presence in the imnportant national and local events, to have the
possibility to conduct professional inspections in view of the special economic,
social, cultural and political conditions, to have better and easier relations with
line and executive managers, and interact with the Organization for prevent
violations, the Inspectorate has established General Departments in provincial
capitals.
101. One of the characteristics of the Law on Establishment of the Inspectorate
is the utilization of the capacities of non-governmental and community-based
organizations and qualified individuals in the field of crime prevention,
preventing waste of public assets and natural resources, protection of he
environment, promoting healthy govenMnent, countering corruption, promoting
rule of law and obtaining infonnation and news, evaluations and proposals. For
this purpose, the Inspectorate can benefit from skilled human resources of these
organizations in conducting its inspection programmes, research and counseling
as the need arises.
102. General Inspectorate Organization has taken important steps forward to
institutionalize public participation and supervision, and to allow people have a
way of filing complaints against govenimnent agencies. The Inspectorate has
launched a telephone line 136 for his purpose.
The Council for Supervisory Agencies
41
103. In the governing system of the country and in the three branches of he
government there are different supervisory agencies that directly and indirectly
inspect and supervise over the activities of the govenimnent agencies. The
existence of this many supervisory and oversight agencies demonstrate the
importance of the framers of the Constitution attached to this matter. However,
since the scope and purview of their activities have not been clearly defined and
articulated, there are some parallel works and overlapping functions. This lack
of coordination causes trouble for and annoys the managers and agencies, and is
the reason behind unnecessary inspections of some sectors and hardly any
inspection of other sectors.
104. The Council comprises General Inspectorate Organization, Administrative
Justice Tribunal, Ministry of Intelligence, State Auditing Tribunal, and
Auditing Organization. The Council has five working groups. These working
groups are as follows: working group on legal matters and comparing directives
and decrees of the government with laws, which is led by the Administrative
Justice Tribunal, working group on new technologies and inspection, led by
Ministry of Intelligence, working group on prevention and combating
corruption, led by General Inspectorate Organization, working group on
auditing and standardization, led by Auditing Organization, and working group
on planning, education and research, led by the Head of State Auditing
Tribunal.
Please pay attention to different inspections and methods used by the
Organization:
Number
Type of
inspecti
on
Position of suspect
Allegations
Conclusions
1
Case
inspecti
on
Head of tile
department of
Educational services
and students of Zabol
University
Violation of rules
and unauthorized
usages
Deprivation of
appointments in
management positions
in government
agencies
2
Case
inspecti
on
Employee of Adimi
Municipality
Violation of rules
and misuse of
position
Deprivation of
appointments in
management posts for
five years
3
Case
inspecti
on
Health officer in
Zahedan
Conduct contrary to
status of employment
Written reprimand
recorded in personnel
file
4.
Special
inspecti
on
Expert in
Agricultural
Organization of the
province
Violation of the
rules and regulations
an negligence in
fulfilling duties
Reprimand, recorded
in personnel file
5
Case
Employee of Cultural
Violation fo rules
Reprimand, recorded
42
inspecti
on
Heritage. Handicraft
and Tourism
Organization of tile
Province
and negligence in
duty
in personnel file
6
Case
inspecti
on
Employee of Railway
Administration
Multiple jobs
6 months suspension
from service, return
oflhe salaries and 3
months and one day
prison teni
7
Case
inspecti
on
Municipality of
Region One
Abetting in building
code violation
3 million rials
pecuniary fine
8
Case
inspecti
on
Employee of
Cooperative Fund
Illegal taking of
government property
2 million rials fine in
place of 74 lashes and
payment of
43,210,000 in
damages
9
Case
inspecti
on
Director genernl of
Road and
Transportation of the
Province
Negligence in dut
causing losses for the
government, illegal
taking of he
government property
In view of he fact that
the money of he
government was paid
back, the arrest
warrant was cancelled.
10
Case
inspecti
on
Deputy Director
general of Road and
Transportation of the
province
Negligence in dut
causing losses for the
government, illegal
taking of the
government property
In view of the fact that
the money of he
government was paid
back, the arrest
warrant was cancelled
Concerning complaints filed by the Organization against officials, the following
are the examples of violations reported to the Judiciary:
Referral of second lieutenant of the Police to the court on charges of receiving
bribe and threatening to insult the good name of a person, and stealing a
wireless transmitter (attachment 41)
Dismissal and replacement of Shiite officials because of mistreatment of Sunnis
(attachmnents 41/1 and4 1/2)
Paragraph b: Judicial Organization of Armed Forces
105. Judicial Organization of Armed Forces is a part of the Judiciary and the
only military court envisaged in the constitution of the Islamic Republic of Iran.
It has its own prosecution services and courts.
106. According to article 172 of the Constitution of the Islamic Republic of Iran
mnilitary courts are established by law to investigate crimes committed in
connection with mnilitary or security duties by members of the Army, the
Gendarmerie, the police, and the Islamic Revolution Guards Corps. They will
43
be tried in public courts, however, for common crimes or crimes committed
while serving the department of justice in executive capacity. The office of
military prosecutor and the military courts form part of the judiciary and are
subject to the same principles that regulate the judiciary.
Presently, jurisdiction of the Judicial Organization of the armed forces is as
follows:
Military and police offences committed by the members of the anned forces,
Offences relating to the duties of the personnel of the Ministry of Intelligence,
offences that are discovered during interrogations and review of mnilitary
offences,
Offences committed by Iranian prisoners of war abroad, or foreign prisoners of
war in Iran,
107. Review of cases in the Judicial Organization of the anned forces takes
place in two phases. First, after receiving a report or complaint by the relevant
authorities or people, the dossier begins in the mnilitary prosecution office and
initial investigations by the instigators and assistant prosecutors are conducted
under the supervision of the Prosecutor. Second, if there is adequate
corroborative evidence, the case is sent to the mnilitary court with an indictment
for the trial.
108. The Judicial Organization of the armed forces has prosecution office and
mnilitary courts in the capital city of all provinces. They have the responsibility
of reviewing and investigating the offences committed in their jurisdiction. An
example of the way a case is handled will be explained later.
Paragraph 6: Prosecution Office and disciplinary Court of Judges
109. Presently, the legal authority for disciplinary supervision over the conduct
of judges is by the Prosecution Office of Judges which is located in Tehran. It
comprises one prosecutor, number of assistant prosecutors and administrative
staff. Judicial supervision and oversight is the responsibility of the Supreme
Court.
110. The Disciplinary Prosecution with the Judges Disciplinary Court has three
branches. The hearing of cases against the members of the Judges Disciplinary
court takes place in the General Board of the Supreme Court. Negligence in
44
fulfilling duties and violations of laws are considered infringements and the
offender is tried and sentenced according to the provisions of the law.
111. The punitive measures for officials with judicial rank are as follows:
Written reprimand without recording in the employment file, 2. Written
reprimand with recording in the employment file, 3. Deduction from salary,
one-third monthly up to six mnonths, 4. Suspension from 3mnonths to one year, 5.
Reduction of grade, one or more, 6. Pennanent termination of judicial service,
7. Pennanent tennination from the Ministry of Justice, 8. Permanent
termination of employment in the govenimnent.
112. Duties of the prosecution Office of Judges are as follows:
Investigation and discovery of violations and offences committed by the
Judiciary employees,
Investigation in respect to actions and behaviours that are contrary to the status
of a judiciary official, disrepute of the judiciary employees and negligence in
the conduct of duties.
Whenever it is discovered during an investigation that a judge has committed an
offence, and the Disciplinary Prosecutor of judges believes that there are
adequate reasons and evidence to refer the case to the court, the Prosecutor
request suspension of the judge until final ruling by the High Disciplinary
Court. After reviewing the evidence the court issues suspension order and in
case of acquittal, the time suspended form service would be accounted and
commensurate remuneration is paid.
113. For the purpose of mnaintaining impartiality in fulfilling the duty and
respecting the good repute of the judiciary, holders of judicial positions are not
allowed to be a member of political parties or associations affiliated to them, or
to publicize about a political party or publish political journals or newspapers.
114. Prosecution Office of Judges is required to investigate the complaints and
evaluate the quality and quantity of eh work of judges during regular
inspections. They should propose to the Head of the Judiciary reward for
meritorious services of judges, and if required issuing of letters of appreciation,
awarding medal of justice, state Medal of Honor, and promotions.
115. Promnotion is awarded with the approval of the High Disciplinary Court.
45
In addition to disciplinary prosecution of judges, the prosecuting authority for
Members of the Board of Governors, the Prosecutor, inspectors for the
Association of Official Experts of the Ministry of Justice in the Provinces is the
Judges Disciplinary court. Moreover, the violations and offences by judges in
the Tax Dispute Settlement Boards in respect of the duties delegated to them by
tax laws and regulations are by the Judges Disciplinary Court after declaration
by the Tax Prosecutor.
During the appeal hearing the Prosecutor General should be personally present
in the meeting of the board of appeals.
116. Presently, supervision and evaluation of the work of the judges takes place
according to the Implementing Regulations that was approved by the Head of
Judiciary in 8/4/1382 in 29 article and 3 notes. An example of the way this
court functions is explained later.
Paragraph 7: Prosecution Office and General Courts for govenimnent Officials
117. The prosecution offices and courts of government functionaries are located
in the capital and specifically deal with offences committed by govenimnent
functionaries. For example, to try a judge for an offence, first the Judges
Prosecution Office or Judges Disciplinary Court should issue an order for the
temporary suspension of the judge in order to hear the case against the judge
without any imnmnunity. It is noteworthy that offences relating to all govenimnent
functionaries in the three branches of the govenimnent are heard in these courts.
Concerning the trial of cases relating to government functionaries and judicial
officials and law enforcement forces, below are some examples:
Details of the case against the Governor of Minab on charges of illegal taking
of govenimnent property (indictmnent numnber 49 dated 26/3/26).
Hearing of the complaint against Tehran Power Company for failing to fulfill
his legal duties that caused bodily harmn (indictmnent numnber 91 dated 8/4/82).
Hearing the complaint against two employees of Refah Bank on the charges of
illegal taking of money from bank's account holders (indictment number 523
dated 29/11/81)
46
Hearing the case against the employee of the Provincial Governorate on three
manslaughter charges in driving accidents (indictment 25b dated 18/8/81)
Hearing of the complaint against a judge of the General Court of Sarab on
driving-related accident (Indictment 139 dated 12/5/1381)
Hearing the complaint against representative of Darab at the Islamic
Consultative Assembly on the charge of battery and assault of a soldier on
guard duty at the airport 9indicterntn 470 dated 8/11/81)
Filing lawsuit against a judge for material and psychological damages resulting
from judicial decisions (indictmnent 3 dated 6/1/1381)
Hearing the complaint against two employees of he Social Security
Organization on the charge of bribery
Hearing the complaint against a military officer on the charge of unintentional
homnicide. (indictmnent 226 dated 11/7/80)
Hearing the complaint against the mayor of Tehran District 9 concerning
charges of receiving payments outside of the legal regulations. (indictment 49
dated 11/2/1380)
Hearing the complaint against manger of the Saderat Bank and another
employee concerning the charge of fraud. (indictmnent 415 dated 30/10/1381)
Hearing a complaint against the Mayor of Varainin concerning the charge of
unintentional homnicide and negligence relating to safety in the factory
(indictmnent 374 dated 5/12/1381)
Hearing the complaint against police lieutenant colonel on the charge of
preparing non-factual report (indictmnent 479 dated 14/12/1381)
Hearing a complaint against two representatives of Langarood and Nahavand in
he Islamic Consultative Assembly on the charge fo insulting the representative
of Koohdasht plus the appeal hearing (indictmnent 297 dated 6/7/1381).
Sentencing of he manager of Power Company on charge of negligence that led
to the death of a person as the result of electrocution. (indictment 293 dated
15/10/1379)
47
Hearing a complaint against employee of the Ministry of Justice on charges of
negligence in keeping records (indictment 14 dated 23/1/13 82).
Hearing the complaint against the manger of publications of the Office of
International Legal Services on the charge of embezzlement (indictment 61
dated 27/3/13 82)
Hearing the case concerning contaminated blood (HIV virus), against mangers
of Blood Transfusion Organization of Iran on the charge of establishing a
pharmaceutical company without authorization, supplying contaminated drugs
(indictment 379 dated 12/9/1380).
Hearing the charge against a member of the City Council concerning illegal
taking of mnoney of the City Council of Tehran (indictmnent 1678 dated
16/11/138 1.
118. Article 586 of the Islamic Penal Code stipulates:
If an offender for the commission of an offences stated in article 583 uses the
namne or fictitious title or namne and insignia of a governmnent functionaries in a
deceitful way or presents a fake order shall receive the prison sentence for
forgery and fraud in addition to the punishment stated in the said article.
The closing part of article 597 of eh Islamic Penal Code states that the refusal fo
the judicial authority to discharge his legal duty entails punishmnent:
118. If any judicial officials for whom a complaint is referred to, and despite the
fact that hearing such comnplaints is their duty, uses any excuse whatsoever, or
maintains silence and refrains from hearing it or by issuing a ruling contrary to
the law or postpones the case, or acts in contravention with the law, would be
sentenced to 6 months to a year for the first time, and if repeated would be
sentenced to pennanent suspension from the judicial position. Under any
circumstance, the judge at fault would be sentenced to payment of damages as
well.
Establishmnent of Supervisory Bodies
119. The establishment of supervisory bodies is one of the mechanism for
elevating efficiency of management systems and identification and removal of
weak points.
48
This matter has not been neglected in the justice system. Some years ago it was
decided to elevate the quality of supervisory functions and to have a clearer
distinction in respect of responsibilities in order to present duplication and
parallel works. For this reason, the following supervisory bodies have been
established in the Judiciary:
Supervision and evaluation of judges
The Office of women's affairs
The Office of the Head of Judiciary
Council of Directors general of the Ministry of Justice
The council for the Protection of public assets
Paragraph 1: Supervision and Evaluation of Judges
Establishment of the Office for Supervision an Evaluation of Judges
Pursuant to centralization of management as stipulated in the amended
constitution and the new changes in eh structure of the Judiciary, eh office for
supervision and evaluation of Judges was established in 1369 under the
auspices of the Head of eh Judiciary and all the past and confidential records of
judges were handed over to this office.
Objective of Supervision and Evaluation
Careful evaluation of the perfonnance of judges with Sharia and legal standards
in various areas of behavior and actions.
Maintaining the respect, dignity and independence of judges by using Sharia
and legal instrumnents in supervision and evaluation and refraining from any
illegal ways.
Identification of competent and righteous human resources, especially judges
with distinguished service and introducing themn to officials of the Judiciary for
optimal utilization of their talents and capability, paving the way for their
advancement.
49
Identification of behaviourial points of weakness of judges directors of the
Judiciary and taking preventive and correctional measures for the improvement
of their perfonnance and efficiency.
Creating conducive climate for decision-makers on judges for the purpose of
making the right decisions commensurate with their capability by systemic
relation and providing reliable and correct infonnation.
Building trust among comnmnunity of judges concerning supervision activities by
relying on professional, scientific and fair methods of evaluation and avoiding
extremism or excessive tolerance.
Paragraph 2: The Office on Follow-up and Supervision
121. With the approval; of eh law on 8/12/1378, fundamnental changes were
made in the duties and powers of Head of the Judiciary. The administrative
position of eh head of the Judiciary was changed into judicial position and he
was given the authority to return rulings that are contrary to Sharia rules to the
competent authority.
122. For this purpose and in order to facilitate access of people to courts, in the
capital of each province a representative office from the supervisory section of
the Judiciary has been established. After receiving a protest on a case, a local
judge prepares a report and presents it in a commission comprising the judge
that has prepared the report, the representative of the supervisory section of the
Judiciary and Director General of the branch of the ministry of Justice in the
province. The protest is reviewed and the majority opinion will prevail. If he
said comnmnission states that an error is made, the case is sent to the Supervisory
Section of the Judiciary in Tehran, and the case will be reviewed by the legal
counselors.
Statistics
123. From Azar 1382 to 1378 close to 174,963 letters were examnined, and of
this numnber 13,723 met with the Head of the Judiciary in 236 mneetings. Of this
number, 54 meetings with 1679 persons were organized by video conferencing
50
and 2 meetings with 31 persons by video conferencing from outside the
country. Altogether, 9,483 persons received pardons or lower sentences, and
3,837 cases were reexamined and 403 cases received the order for expeditious
review of their case or stopping the enforcement of court rulings. The detailed
account of the perfonnance of this office is attached.
124. Paragraph 3; Office for Women's Affairs
The Office of Women's Affairs began its work in 13761 as the result of
cooperation between the Judiciary and the Office of he President.
Paragraph 4: Establishment of offices for the protection of women and children
125. The Department for the Protection of Women and Children in the Judiciary
was established in Mehr 1383 in the General Department for social and Cultural
Affairs and Protection of citizens Rights. According to directive issued by the
head of the Judiciary, the Directors General of the ministry of Justice in the
provinces were required to establish these offices and recruit at least one
judicial expert, two social works for these offices. The approach of this office to
women and children is protective and these offices should supervise over the
cases in which women and children are victimized and abused. This supervision
should be in a way that assists the judges in the court proceedings. More
detailed account of this office is in article 3.
Paragraph 5: The Office for Article 142 of the Constitution
126. According to article 142 of the Constitution the assets of the Leader, the
President, the deputies to the President, and Ministers, as well as those of their
spouses and offspring, are to be examined before and after their term of office
by the head of the judicial power, in order to ensure they have not increased in a
fashion contrary to law.
For the implementation of this article, an office under the name of “The Office
of Article 142 of the Constitution” was established in Judiciary.
Paragraph 6: the Council of the Directors General of the Ministy of Justice in
the Provinces
This council comprises the highest justice officials in the provinces, deputies of
the Judiciary, heads of affiliated organizations. It functions under the direction
51
of he Head of the Judiciary and was established in Mordad 1379, and formally
started its work in Azar 1380.
The most important functions of this council are:
Hearing the reports from branches of the Ministry of Justice nationwide, and
reflection of inadequacies and shortcomings of the Judiciary to the head of the
Judiciary and the Council with proposals and recommendations.
Determining the administrative and judicial priorities in different areas.
Presenting and reviewing general policies of the Judiciary at different junctures
of time.
Expressing views on proposed bills of the Judiciary on recommendations for
amending and legislation the required laws.
127. Paragraph 7: The High Council for the Protection of Public Assets
The Head of the Judiciary issued a decree in the latter part of 1383 on the
establishment of a council for the protection of natural resources and national
lands with the aim of combating illegal land grabbing.
After passage of two years, in view of the need to deal finnly with land
grabbing, the Attorney General, the Head of the Judiciary, ministers of Housing
and Urban Development, Intelligence, Agriculture, and power, Head of
Environmental Protection Department, Head of Deeds and Property
Registration Organization established the High Council for the Protection of
Public Assets. This council in its first mneeting decided to establish a secretariat
under the direction of the Attorney General.
Fourth Discussions: Creation of a humnan rights body
128. Paragraph 1: creation of Human Rights Headquarters
In light of the fact that the Judiciary has certain responsibilities in respect of
humnan rights in accordance with article 156 of the Constitution and for this
purpose a centralized management can pave the way to achieve good results,
therefore, for the purpose of finding practical ways that are compatible with the
52
laws of the Islamic Republic of Iran, the Human Rights Headquarters was
established with its own professional and specialized committees.
129. According to the Implementing Regulations of the Human Rights
Headquarters, he members of this body comprise the Deputy Head of the
Judiciary. The highest official in charge of international affairs, Director
General of the Ministry of Justice for Tehran, the Head of General Inspectorate
Organization, head of Prisons, Security and Correctional Measures
Organization, the Head of the Office of Judicial Development Studies,
President of the Supreme Court, representative of the General Prosecutor,
plenipotentiary representatives of Ministry of Foreign Affairs, Ministry of
Intelligence, Ministry of Interior, and Judiciary Committee of the Islamic
Consultative Assembly.
130. Some of the duties of the Human Rights Headquarters include planning
and articulating policies concerning issues relating to humnan rights, presenting
humnan rights projects, presenting modalities for putting these plans into
practice, reviewing resolutions issued by the United Nations Humnan Rights
Commission, reviewing the reports by the special rapporteurs, and making
decisions on this subject in presence of members of the Headquarters.
131. It is noteworthy that because of the importance of this matter and the fact
that humnan rights are a national issue, the Human Rights Headquarters has
come out of its frame in the Judiciary and has become a body that is beyond a
particular branch of the government. It is still under the direction of the Head of
the Judiciary, but has representatives from all agencies that directly have
somnething to do with the question of humnan rights. These agencies are all
required to have full coordination with the new headquarters of human rights.
132. Paragraph 2: Establishment of the Supervision Board for implementation
of the law n respect for legitimate freedoms and protection of citizens' rights
In view of the duties delegated to the Judiciary by the Constitution for the
purpose of protecting the rights of people, the head of the Judiciary has issued a
decree on citizens' rights on 20/1/13 83 and presented a list of citizens' rights
that should be protected by all agencies of the Judiciary. This decree became a
law within a short time on 15/2/1383 in the fonn of a single-article act in 15
paragraphs by the Islamic Republic of Iran. The law was approved by the
Council of Guardians on 16/2/13 83 and promulgated by the President.
53
This law is also important from another aspect. Article 130 of the Fourth
Economic, Social and Cultural Development Plan of the Islamic Republic of
Iran (1384 to 1388) requires the Judiciary to draft bills, including the bill on
protection and promotion of citizens' rights and protection of the privacy of
people in keeping with article 20 of the Constitution. The issuance of a directive
by the Head of the Judiciary on protection of citizens' rights was a step in the
direction of putting into action this article in the constitution.
133. Article 1 of this single-article law guarantees the right to freedom and
personal security by stating that discovery and prosecution of offences,
investigations and the order to keep a suspect on remand custody should be on
the basis of law and with the clear and transparent order of a judge and all
fonns of personal discretions, violence and longer unwarranted detentions
should be avoided. In article and in relation to prohibition of violation of the
privacy of individuals, it is stipulated that inspections and examinations on site,
the arrest of fugitive suspect with all the tools for the commission of an offence
should take place with full caution and infringemnents against other things that
are not related to the offence or the suspect, or revealing of content of letters
and family photos and films must be avoided.
134. In relation to enjoyment of due process, fair trial, presumption of
innocence, the necessity of the transparency of laws and not using different
sources to convict a suspect, article 2 states that conviction should be on the
basis of legal fonnalities and principle of presumption of innocence is a valid
principle and every person has the right to enjoy the necessary security under
the law. All rulings and verdicts should be on the basis of rules of law and
reliable Sharia sources.
135. Article 3 emphasizes the right of suspects in having legal counsel and
states that the courts are required to respect the rights of suspects and victims
and provide opportunity for using the services of lawyer and experts.
136. Article 5 stipulates that trial and legal proceedings should conducted
within a reasonable tiinefraine and without unwarranted delay, and further
states that arbitrary arrests are unlawful and if such actions are required
provisions of the law and due process must be applied. The case against
arrested persons must go to the court within time limit allowed by law and the
next of kin must be informed.
54
137. Paragraph 4 of his single-article law states that the right of arrested persons
and their humane treatment must be adhered to, and Islamic and moral
standards should be observed in dealing with those seeking justice, suspects,
offenders and informers and witnesses.
138. Paragraph 6 of this law bans cruel, inhumane and degrading treatment of
arrested persons and further underlines that in course of arrest and questioning,
causing pain and humiliation such as blindfolding and other form of degrading
treatment must be avoided. Article 7 goes on to say that interrogators and
investigating officers must not cover the face of or sit behind the head of the
detainees, or take them to unknown locations. Paragraph 9 bans torture in an
absolute way and states that all forms of torture for the purpose of forcing
confessions or other acts are banned and confessions received by torture have
no validity in view of the law and Sharia.
139. Paragraph 13 in this law states that courts and Prosecutors Offices must
oversee the treatment of suspects by the guards and officer in charge of prisons
and detention centers and encourage those who abide by the law and reprimand
and prosecute the violators.
140. The law also has provisions concerning the legal and judicial climate.
Paragraph 1 of the law state that investigations questioning must be on legal
principles and professional methods. Necessary training should e given to the
personnel in charge of these affairs. Any person who applies unlawful methods
will be dealt with the full force of the law. According to paragraph 11 question
from the suspects must all be clear and helpful and related to the charge or
charges attributed to the suspect. Inquisition into the private life of an individual
or his or her family and questions relating past offences must be avoided.
141. Paragraph 12 states that replies to questions must be recorded and written
down without any change and read to the person questioned. Suspects that are
able to write should to the extent possible write their own statements in order to
avoid doubts and ambiguity. Paragraph 14 continues along the same line
stipulating that illegal taking of personal belongings and effects of individuals
must be avoided and decided about after the issuance of a ruling by the court.
Care must be taken in protecting them.
142. In this connection and according to paragraph 15 of the law, and for the
purpose of supervising the implementation of the law, a team was designated to
55
oversee the performance of this law on legitimate freedoms and rights of
citizens.
143. To assist the team to discharge its duties, all agencies that are in some way
connected to this law are required to cooperate with this team. This team is
required according to the law to report the results of its work to the Head of the
Judiciary. The team should report their observations of any violations and also
try to correct methods and ways and make them compatible with the law.
144. According to Implementing Instructions for paragraph 15 of the law,
respect for legitimate freedoms and protection of citizens rights that was
approved n 15/2/1383 in a form of a by-law in 20 article, the Central
Supervisory Committee comprising members of the Council of Deputies of eh
Judiciary shall assume the following duties:
145. In view of paragraph 15 of the Single-Article Law on protection off
citizens rights, he Imnplemnenting Instruction on his law, as explained in article
19 and note 5, was approved by the Head of the Judiciary and promulgated to
the relevant authorities. This is a prelude to valuable actions in the discussions
and debate relating to legitimate freedoms and protection f citizens rights.
Consequently, the secretariat of the Central Supervisory Board on protection of
citizens rights was established under the direction of the Head of the Judiciary.
This Board has taken the following measures to put this law into actual practice:
Structural measures by the Secretariat f he Central Supervisory Board to
imnplemnent the Imnplemnenting Instructions of the law on protection of citizens
rights:
Establishment of the Secretariat of the Central Supervisory Board for the
enforcement of law on respect or legitimate freedoms and protection of citizens
rights,
Establishment of Supervisory Boards for the law on legitimate freedoms and
citizens rights in the provinces
Establishment of the secretariat for the Supervisory Board on Protection of the
rights of citizens in the provinces
Designation special branches for offences relating to violation of citizens rights,
Dispatching inspection teams by provincial boards to the relevant agencies,
56
Actions by the supervisory Boards in protecting rights of citizens and hearing
and examining complaints and reports of violations.
Actions taken by the secretariat of the Supervisory Boards in respect of
protecting the rights of citizens in paragraph “a” are:
More than 7000 inspections of police and judicial bodies,
Receiving reports from people concerning treatment by the police officers and
judicial and administrative officers of the Judiciary and reviewing them in the
Supervisory Boards for rights of citizens,
Installing boxes for receiving complaints and suggestion in court buildings and
prisons and examining these complaints by members of the Supervisory Boards
for protection of the rights of citizens,
Planning training courses on the rights of citizens for judges, persommel of the
Judiciary and preparing programmes for public and grass-root education on the
rights of citizens,
Providing counseling and legal aid to those referring the Secretariat of the
Supervisory Council, Participation in production of television prgrainines on
the rights of citizens and on concepts relating to law,
Conducting systemic inspections and supervision on the implementation of the
law on legitimate freedoms in the courts and policing agencies in the country by
inspectors and experts from the Secretariat of the Central Board,
Explaining the duties and strengthening the position of the Supervisory Boards
for Protection of the rights of citizens in the provinces,
Using qualified administrative inspectors and experts who are qualified to
conduct inspection on case-by-case and temporary basis and supervising and
evaluating the perfonnance of provincial Supervisory Boards on protection of
the rights of citizens,
Increasing legal aid activities for the purpose of protecting the rights of citizens
and referral of those in need of legal aid to the legal counselors and official
experts from the Judiciary as gratuitous lawyers,
57
Sending of complaints and reports to the relevant authorities and following
them up until the final result,
Planning for the purpose of raising public awareness by utilizing the
experiences and capacity of the judges and academic and cultural experts.
Planning for the implementation of research projects in the fields of citizens
rights and supporting students' dissertations on the subject citizens rights,
Establishing provincial inspection teams for presence in the courts, prisons and
reviewing the court cases, records and visiting detention centers and prisons,
Conducting opinion polls and research on the behaviourial aspects of judges
and personnel of the Judiciary in Tehran province,
Reviewing reports from Supervisory Boards and Inspection Boards of provinces
and presenting proposals for incentives and punitive measures on the basis of
the reports,
Preparing quarterly and semiannual reports for the implementation of the law in
protection of the rights of citizens in the country every 3 months and 6 mnonths.
Fifth Discussions: Changing Ways and Approaches
The second part of the juridical development plan is for the purpose of
increasing he efficiency of the judiciary mnachinery. These changes can be
examined in two parts:
Correcting the penal approach in he judiciary, (restorative justice,
decrimninalization, using alternative dispute settlemnent mnechanismns, crime
prevention, judicial economy and preventing prolongation of proceedings, etc.)
Correcting the penal approach in the executing agencies (prisons, etc.)
136. Paragraph 1: Correcting Penal Approach in the Judiciary
One of the areas that have been accorded high priority along with judicial
development and changes in the ongoing legal debates in Iran is the need to
correct penal policies. Visiting the evolving legal literature in the Judiciary over
the past ten years, one will see the presence of concepts such as restorative
58
justice, use of alternative dispute settlement mechanisms, decriminalization,
crime preventing and judicial economy.
137. Restorative Justice
One of the salient points I thee plan for judicial development is the subject of
restorative justice. According to the prevailing view in the Judiciary, major
crimes such as violent conduct, terrorism, organized crime and other offences of
the same nature that need to dealt with the punishments that fit the crime and
restorative justice would not be helpful, for simpler and less important offences
that generally entail violation of the rights of people, restorative justice can be
beneficial, therefore the mandatory punitive punishments should change to
voluntary and consensual measures for the purpose of promoting conciliation.
In the course of implementation of judicial development plans, efforts were
made to create the necessary cultural conditions that are compatible to
restorative justice so that soft response to offences would not lead to more
crime. Raising public awareness, explaining the negative consequences of
crimes on the society, emnphasizing he dignity and inherent worth of humnan
beings, strengthening moral and religious values are among these programmes.
Moreover, judges and members of he Conciliation councils should be trained to
apply this mnethod of justice after feasibility studies.
138. Despite all the efforts that have been made over the recent years to put
restorative justice into actual practice, but because of the weakness of civil
society institutions in our country, restorative justice faces formidable obstacles.
Using Alternative Dispute Settlement Mechanisms
139. Second pillar in refonning the penal policy and approach in the judiciary is
use of alternative dispute settlemnent mnechanismns. The instruction to re-visit
laws and drafting of new bills in this connection is the first step. The bill
relating to this approach and omitting some criminal titles from the laws are
amnong the imnportant mneasures and efforts in this commection. This new bill is
intended to expedite haring of court cases, preventing prolongation of cases and
reducing the cost to government and society. The bill is also intended to provide
opportunity for better control and allow more time for the Judiciary to deal with
more important offences. Presently, some of the offences are referred to
relevant institutions and organizations affiliated to the Judiciary. This is a
policy that is being seriously pursued. In such cases, due to the clear provisions
in law and less important character of the offences, cases are not examined by
59
the Judiciary, but are sent to the relevant organizations and institutions for
settlement or arbitration.
Decriminalization
140. In connection with the process of decriminalization, the policy of the
Judiciary in connection with children and young adults is to change the attitude
of court toward children and to adopt non-punitive attitude. Efforts are being
made to convince the courts not to apply prison sentences for children and use
alternative measures. In cases when incarceration is necessary court should send
the juvenile offenders to correctional institutes. Judges are required to refrain
from remand custody orders.
141. In the revised children and juvenile procedural code, that are certain
provisions for decriminalization of some offenses. The new bill on this subject
is widely welcomed by many officials in the country, according to the new
procedural code; judges can apply lighter sentences for juveniles at their own
discretion.
142. Moreover, in respect of press offences, efforts are being made that to the
extent possible to refrain from ordering stoppage of publication and to deal with
press offences in accordance with the Press Law and other relevant laws. That
is to say that first the offender is guided, and in the second phase the
publication's manager is summoned and questioned and if necessary the
publication is suspended. In third phase, indictment is issued and the mnanger in
charge of the publication is sentenced in accordance with article 168 of the
Constitution. Finally, if there is no other remedy, the publication is closed.
143. For the purpose of putting the decriminalization plan into operation and re-
examination of law, the Decriminalization Committee under the auspices of he
Deputy Head of Judiciary for Legal Affairs and Judicial Developmnent was
established. This committee formed six study groups to study and review
criminal laws and regulations and to conduct theoretical and practical feasibility
study on decriininalizing some offences.
Decriminalization of economic offences
144. Decriminalization of cultural offences, decriminalization of environmental
offences, decriminalization of military, police and draft offences and traffic
violations
60
Decriminalization of offences against family rights and obligations
Decriminalization of offences by trades, and offences relating to the ministries.
The above-mentioned committees have prepared a list of offences that could be
decriininalized.
De-penalization
145. There is a much broader scope for activities in respect of de-penalization as
compared to decriminalization. The legal institutions and bodies that exist in
respect of hodood (punishment that its degree and type has been detennined by
Sharia), ta ‘az/rat, and even qisas can provide help in de-penalization. In Ta ‘zirat
(a punishment that its degree and type is not been specified in the Shari'a and it is
up to the decision of the judge) , the sanctions , or punishments are not limited to
imprisonment , flogging and pecuniary fine, but include also actions that in
customary practice of the justice system can be considered as moral punishments.
For example, a reprimand, chastising and lecturing or other similar actions can
place at the disposal of the Judiciary a long list of sanctions that are not
customarily regarded as punishment. They can be applied in light of the situation
of the suspect or in cases when other element cause the waiver of Hadd or Ta ‘azir,
such as repentance or denial after confessions in particular cases. They can be
used as the cause or reason for waiver of punishments in a legal process, but not in
a legislative process.
146. In matters relating to intentional injuries (tort cases) where the emphasis is on
reconciliation, d/yeh, financial punishment is a good substitute. Therefore
“reconciliation” and arbitration bodies which are based on the consent of the
parties are among institutions that can be used for De-penalization purposes. In
such cases, “people's arbitration” can probably used under the supervision of the
Judiciary. For Example, there are certain judicial customs among tribal
communities that can be used as settlement mechanisms within a legal framework
and under the supervision of the Judiciary.
Judicial Economy
147. In Iran the time spent on reviewing a case is long due to inadequacies in law,
shortage of human resources, problems in processes and systems. Although much
effort has been made to reduce the time, achieving international standards require
serious determination and a lot more work and efforts. To approach the
international standards, the second judicial development plan has placed he issued
of judicial economy alongside other elements that were explained earlier. For this
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purpose , first a comprehensive study was conducted concerning the length of
review and hearing by the court of first instance and the appellate court. In this
study, more than 11,000 civil and criminal cases were sampled for survey. It
became clear that of the total of 4,375 civil cases, 396 and of 4,375 criminal cases,
396 cases (total of 797 cases) were referred to the appellate courts.
Comparative Table for the average and the longest time (days) for hearing of
civil and criminal cases in the courts of first instance and appeals.
Time from initiation
of the case to ruling
the first court
Time from tile first ruling to ruling by the
appellate court
Average
Maximum
Average
maximum
Civil cases
137
4610
135
3606
Criminal
cases
57
4585
147
1968
Civil and
Criminal
Cases
87
6410
172
3606
As can be seen in the table below, the cases referred to the appellate courts, in
civil cases, average days from initiation to final ruling are 463 days. The
number of days in the court of first instance is 328 days which is 2.5 times more
than the time for all the cases handled by the courts of first instance.
Comparative table of average and maximum days of adjudication for civil and
criminal cases from the lower to appellate court
62
The time from initiation of case to appellate ruling
Average
Maximum
Civil
cases
463
4,367
Criminal
cases
274
3313
Civil
and
criminal
367
4,367
This indicator for criminal cases in 274 days, 217 days in the lower court, and
almost 3.5 times the time spent for al criminal cases in the court of first
instance.
Measure taken to improve tiinefraine in legal proceedings
148. For the purpose of having more respect for the rights of people and
facilitating recovery of rights through the justice system, the new proposed bill
for procedures in civil and criminal trial endeavours to shorten the path of legal
proceedings. The purpose of the framers of these procedures is to reduce the
time for legal proceedings, reduce cases for interpretation of the procedures
code to the minimum, to raise the independence of the judiciary, to improve
sanction for enforcement of civil rulings and to pave the way for the abidance
of judicial rulings by non-judicial agencies.
149. Moreover, for the purpose of presenting more examples of efforts to
reduce the duration of legal proceedings, mention can be made of the revised
Implementing Regulations for the Law on Establishment of General
Revolutionary Courts adopted on 15/3/1373 and subsequent amendments, for
the purpose of ensuring hearing of cases in the courts that have the required
jurisdiction, and to reduce duration of legal proceedings, the Revised
Implementing Regulations for the Law on Establishment of General
Revolutionary Courts daed 15/3/1373 and the subsequent amendments that
include 43 articles and five Notes was approved on 16/11/1381. Article 4 of the
revised implementing regulations states that upon the proposal of the Director
General of the mninistry of Justice of the province and approval by the Head of
the Judiciary, branches of General Civil Courts and General Criminal Courts
and Prosecution Offices should be allocated in each judicial district accordance
to the needs and resources available for reviewing and hearing special offences
and lawsuits.
63
150. The implementation of the rules concerning the mandatory presence of a
lawyer in the court is another step to reduce duration of legal proceedings,
which has been one of the priorities of the Judiciary from 1384.
These rules have 16 articles and six notes and according to these sets of rules all
courts are required to refrain from accepting cases without presence of a lawyer.
This right is explicitly stated in the new Criminal Procedures Code.
151. Article 5: The defendant must become aware as soon as possible of eh
charges against him/her and have access to a lawyer. Moreover, for the purpose
of preventing waste of court's time and in accordance with article 3 of the
revised law on establishment of the General and Revolutionary courts dated
18/7/1381, the Prosecution Office was revived and reinstituted. It was decided
that in each judicial district of a city a Prosecution Office to be established
together with the court.
152. In this connection, article 2 of the same law states that in each judicial
district that has more than one branch of the General Court, that branch should
be divided into civil and criminal courts. The civil court should only deal with
civil cases and the criminal court with criminal cases.
Furthermore, in order to prevent prolongation and waste of court time quasi
judicial bodies have been established and they have been effective in reducing
caseload by 30 percent. Dispute Settlement Councils and dad aras have been
very helpful.
Apart from reviewing of laws and ways of adjudicating disputes, one the ways
that have helped to reduce court and trial time over the past ten years is
administrative automation and new technologies.
153. Article 6 in these new rules states that with the launching of a software for
electronic comnmnunications in the Judiciary, the judicial units and affiliated
agencies are required to create the necessary mechanisms and infrastructures for
electronic communication and receiving queries through electronic media. With
the launching of Judicial Tenninal System and the software for court
management system, the dissemination of infonnation and notifications are
done by einails, SMS and other electronic methods.
64
These new rules also emphasize that all judicial units are required to enter all
complaints and statements seeking remedy via the Tenninal, and send tehin for
examination and review.
154. In the closing part of these rules, it is stated that in light of the need to
standardize infrastructures for information and communication technology in
the Judiciary, all administrative departments, affiliated organizations and
branches of the Ministry of Justice are required to build Local Area Network
according to standards by the ICT Council of the Judiciary and receive a
certificate of compliance from this council.
Establishment of Legal Guidance and Assistance Department
155. This department was established to empower the people coining to the
judiciary, to make them content and to have their rights in mind. These
objectives are met by providing guidance and assistance to people and to help
them recover their rights and seek remedy, it also provides gratuitous legal
counsel and provides answers to their queries.
The duties of the Legal Guidance and Assistance Department ar as follows:
156. Infonning the public on the goals, duties and organization of he Judiciary,
ways of initiating a claim or complaint, ways of concluding a contract,
obligations under a contract, answering questions concerning way of recovering
rights and seeking remedy, cooperation on establishing legal assistance offices
in ministries, govermnent agencies, municipalities, revolutionary organs and
trade unions.
Providing guidance on ways of receiving legal aid and counseling.
Designating gratuitous lawyers for indigent people.
Referring people to agencies related to courts in order to expedite answers to
queries and communications.
Sixth Discussions
Paragraph 1: Drafting of legislations and regulations
Human rights and public law
65
Considering the direct relations between public law with the fundamental right
of citizens, the Deputy for Legal Affairs and Judicial Development has two
projects in the agenda:
Administrative Procedures Code
157. Parallel to the justice system as related to criminal and civil courts, there
are several specialized forums and administrative courts with different
organization and modus operandi, especially in the executive branch of
government. They operate at two levels:
Disciplinary and police courts that are in charge of disciplinary matters relating
to civil servants or members of particular trade or professional body.
Special institutions that are in charge of settlement of disputes between
government and citizens with respect to enforcement of laws relating to
mnunicipalities, taxation, etc. Since mnillions of people come in contact with
these two the two institutions, it is essential to have special mnechanismns to
recover their rights.
Judicial control of government regulations in courts
158. This concept is explained in article 170 of the Constitution, but the process
is not clear, and therefore the modality of applying it and defending the right of
citizens in the phases of legal proceedings need to be reviewed.
Human Rights and Rights of Victims
The Deputyship for Legal Affairs and Judicial Developmnent placed in its
agenda in 1384 programmes to defend the rights of victims in the penal system.
Among these programmes were:
Drafting of recommendations concerning protection of the rights of victims and
guaranteeing their rights,. These recommendations have been approved by the
senior judiciary officials and would be included in he draft of the legislation on
new criminal procedures code.
Drafting of legislation on compensation for victims of actins by eh govenimnent.
Plan to protect victims in substantive criminal law, as part of the project to
amend the Islamic Penal Code.
66
Some other drafts of legislations are as follows:
Draft of the bill on crime prevention
Draft of the bill on social punishments as alternative to imprisonment
Draft of the bill on strengthening family institution
Draft of the bill on establishment of children and juvenile courts
Draft of the bill on the new criminal procedures code
Draft of the bill on changing the Prison Organization to Organization for
Enforcement of Penal Sentences, Security and Correctional Measures
Draft of the bill on Modality of Enforcing Pecuniary Sentences
Draft of the bill on decriminalization and alternative disputes settlement
mnechanismns
Draft of the bill on omission of prison records of rehabilitated persons
Draft of the bill on the rights of citizens
Draft of he bill on definition of political offences and separating them from
other offences
Other Research Projects
159. Other research projects conducted by the Deputyship for legal Affairs and
Judicial Development are as follows:
Research on qisas, inheritance, testimony by members of religious minorities
and mnaking themn compatible with humnan rights standards
Research on “Action Plan on Forced Disappearances”
Research on “Capacity of the Judiciary in the field of Human rights”
67
Research on “Right to health in Iran”
Research on “Rights of the Child in Iran “Research on “Contradictions of
Women's Rights in Domestic and International Law”
Research on “Fair Trails and Compatibility with National Standards”
Plan to adjust civil and criminal policies in Iran
Plan to promote environments free from crime in urban, rural and family
structures
Plan to protect people at risk of becoming victims
Organization of judicial management.
160. Paragraph 2: Holding of Seminars, conferences and Workshops
Organizing seminars on new subj ects in law and justice system is an effective
way to become familiar with the latest developments in the field of law. In Iran,
this matter has been accorded high priority, and in cooperation with national
governmental and non-governmental organizations, the Judiciary has carried
out this mnission in two ways. First, it has organized a numnber of such semninars
in tandem with other governmental and non-governmental organization.
Secondly, it has also organized scholarly event independently in order to
provide a forumn for gaining greater in-depth knowledge of law and the work of
the judiciary. The judges and other officers and staff of the Judiciary have
benefitted from these conferences to give greater depth to their experiences.
Below are only a few of the conferences organized by the Judiciary:
Conference of the Heads of the Judiciary of Islamic Countries, Khordad 1386
Conference of Prosecutors General of Capitals of Islamic Countries, Khordad
1386
National Conference for Judges, Ordibehesht 1385
Holding of two national conferences on the subject of “Explanation of
Objectives, Plans and Training Methods in 1380 and 1381
Application of Humnan Sciences in Prisons, 29-3 1 Mordad 1374
68
First national seminar on Modern Methods in Prison Management and
rehabilitation of prisoners 16-17 Ordibehsht 1376
Second national seminar by Prisons Organization on Prison, Punishment or
Rehabilitation 16-17 Ordibehsht 1376
Analysis of the consequences of new rulings in the Children's Courts 4 Esfand
1379
Fourth seminar on the role of sports in rehabilitation of prisoners 21 Aban 1380
First International Seminar on Alternatives to Prison Sentence 18-19
Ordibehesht 1381
Training Seminar for Secretaries of Research Council of Prisons, 4 Dey 1381
The first meeting of the heads of prisons on Problems, consequences and
Strategies, 8-10 Bahrnan 1381.
Seminar on Evaluation of Drug Abuse in Prisons 20 Khordad 1382
Review of KAP Survey on Personnel of Prisons Organization, 5 Shahrivar
1382
Training Workshop on Fair Justice for judges and social workers in provinces
of Tehran, Fars, Gilan, West Azerbaijan, Khuzestan and Horinozgan, etc.
Article 3
161. The strategy of the Islamic Republic of Iran is to protect humnan rights,
justice and trust which have their roots in Islamic and Iranian culture and based
on non-discrimination and respect for human rights. Accordingly, many
measures and legal facilities are put in place to promote human rights of women
at individual, family and social levels.
162. The rights of women at individual level, relate to their personal rights. In
addition to the Constitution, civil and judicial laws, the Charter on Womnen
Rights and Duties in the Islamic Republic of Iran underline the imnportance of
womnen' s rights.
69
The principal areas in individual rights relate to the immunity of life, property
and dignity, freedom of thought and security in having beliefs and the right to
decent life and health.
163. In policy fonnulation and legislations based on gender balance and equity,
efforts are made at all three levels of individual, family and society to promote
women's position to a desirable level.
164. The purpose behind national plans is to promote justice, and place
individual in their desired and proper status free from gender consideration. In
this connection, mechanisms for the advancement of women have been
designed and almost all agencies of the government have a section dedicated to
women issues and work to achieve the goals of the government with respect to
women.
165. In fact, gender equity can also include gender equality, but does not entail
equality in all places. The strategy and policy of the Islamic Republic of Iran
with respect to women and men is to prevent violence against and oppression of
women. Consequently, at individual level, there is full equality between men
and women in respect of law and women are regarded purely as human beings.
At social and family levels, in matters relating to employment, political rights,
participation of women underlines the importance of family and respect for all
persons, be they men or women.
166. Rights of women at family level are two-way relationships with social and
individual rights. Family rights, in view of executive agencies of the Islamic
Republic of Iran, are based on prevention of social abnonnalities and
aberrations. This will ensure the individual health of women and children. In
this connection, mention can be made of the right to alimony and the role of
men as the provider of the economic life of women.
167. The rights of women at social level emphasize their position and status in
interactions with the society and deal with such issues as employment, political
rights, womnen' s participation, womnen' s health, public education, insurance and
social security. These rights cover all cultural, political and the rights relating to
the judicial process. Moreover, attention is paid to the situation of women
among ethnic, racial and religious minorities that have been officially
recognized. Members of the religious minorities are free to exercise their faith
in matters relating to divorce, inheritance, and marriage.
70
Vision Document and Fourth Development Plan on Women
168. In the Twenty-Year Vision of the Islamic Republic of Iran there are
provisions concerning women and family, women and health, and well-being,
food security, social security, equal opportunities, equitable income
distribution, strengthening of family institution free from poverty, corruption
and discrimination and enjoyment of a clean environment.
In line with the Twenty-year Vision, the promotion of women and family in the
general five-year development policy in the Fourth Development Plan has been
emphasized in the two following areas:
Status of women and family in social, political, defense and security affairs
Strengthening of the institution of family and the status of women in the family
and in social arenas, recovering the legal and Sharia rights of women in all
areas, especially their constructive role,
Trying to achieve social justice and to create equal opportunities and enhance
indicators such as education, health, food, per capita income and combating
vice,
Creating a comprehensive system of social security for protection of the
disadvantaged and oppressed and combating poverty and supporting public and
private charity organizations by taking into view religious and revolutionary
considerations
Strengthening national identify of the youth in keeping with the ideals of
Islamic Revolution
Providing an environment for intellectual development and trying to end
concerns and worries regarding employment, marriage, housing, and social
risks for the youth
Paying attention to the needs and requirement of young people
Creating an environment and proper legal, judicial and administrative structures
to achieve the goals of the Twenty-Year Vision
71
Expanding and giving greater depth to spirit of public participation and
cooperative thinking and making govenimnent more attractive to the immense
talents and capacity of people
Strengthening national security and power by emphasizing on scientific
technological advancement, participation and political stability, creating better
balance between the different parts of the country, consolidating unity and
national identity, economic and defensive power, and elevating the global status
of Iran
Elevating the status and role of women in the economic arena
Concerning the elevation of the status of women in the economic arena, the
following points are noteworthy:
Achieving uninterrupted and stable economic growth in line with objectives in
the Twenty-Year Vision for creation of gainful employment and reducing
unemployment
Creation of the right mechanism to increase productivity of factors of
production with the support of entrepreneurship, immovation, technological
potentials and research
Supporting low-income and needy groups to buy home
Increasing the capacity and the strength of the Cooperative Sector by
facilitating access to resources, infonnation, technology, communication and
technological linkages, and their economic and financial power.
The Law on Fourth Development Plan and its Policies on Women
To achieve the goals envisaged in the Twenty-Year Vision and the general
policies of the Fourth Development Plan, the following policies are envisaged
conceniing the situation of womnen:
Policies and guidelines for achieving social justice and human security for
women.
To benefit from health, well-being, food security, social security, equal
opportunities, fair distribution, solid family institution free from poverty,
72
corruption, tyranny and benefiting from healthy environment (Twenty-Year
Vision)
Efforts to achieve social justice, creating equal opportunities, and elevating
indicators such as education, health, nutrition, increasing per capita income and
combating corruption (paragraph 12 in Policies)
Actions such as preventive programmes and providing legal assistance and
legislations to prevent violence against women (paragraph c of article 111),
Elevating mental health, expanding social workers network, strengthening
family institution, empowerment of individuals and groups at risk (paragraph G
of article 95)
Protecting families of prisoners and executed persons through private charitable
organizations and the societies for the protection of prisoners (paragraph b of
article 132)
Policies and guidelines to improve quality of life, health and social security of
women.
To benefit from health, well-being, food security, social security, equal
opportunities, fair distribution, solid family institution free from poverty,
corruption, tyranny and benefiting from healthy environment (Twenty-Year
Vision)
Creating a comprehensive system of social security for protection of the
disadvantaged and oppressed and combating poverty and supporting public and
private charity organizations by taking into view religious and revolutionary
considerations (paragraph 13 of Policies)
Supporting low-income and needy groups to buy home (paragraph 41 of
Policies)
Universal coverage of basic medical insurance
Providing special insurance for the elderly and disabled women heads of
household and individuals without guardians, especially children. (paragraph c
of article 96)
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169. Increasing insurance coverage with special attention to rural population,
tribal communities and urban population with no insurance coverage, in the
same way that social insurance plans of rural and tribal population was
executed with the participation of govenunent, rural and tribal people after the
approval by the govenimnent for the second year of the Fourth Development
Plan.
Preparation and framing of the comprehensive plan for empowerment of
women heads of household in cooperation with other relevant organizations and
NGOs and its approval in the first half of the first year of the plan by the
Council of Ministers. (paragraph Y of article 97)
Designing special entrepreneurial, empowerment, community participation
plans, teaching professional skills and life skills, especially for the population in
the three lowest income deciles. (Paragraph f of article 95)
Elevating mental health, expanding social workers network, strengthening
family institution and empowering individuals and groups at risk ( para. A
article 97)
Preparation and implementation of educational programmes for elevation of
nutritional knowledge and culture of the society (Para. B article 84).
170. Providing healthy and adequate food, in line with desirable food basket
and guaranteeing free health and rehabilitation services, providing inexpensive
housing, ensuring free public schooling for population under the age of 18 for
households in the three lowest income deciles by more effective allocation of
subsidies (paragraph f article 95)
171. Providing subsidies on financial charges for housing developers from
private, cooperative and public sectors to build low-priced housing for lease and
purchase contracts according to approved standards in small and medium-sized
cities and rural areas of the country for low-income groups, labourers, clerical
workers and women heads of household (para.c article 30)
Providing proper facilities and resources to alleviate educational deprivation by
expanding night schools, rural-based and dormnitory-based schools, distant
education and providing food, transportation, health services for students and
costs relating to night schools, and building and expanding sports and athletic
facilities and spaces and schools according to the needs of the region and
74
implementing programmes for expansion of pre-eleinentary schools, especially
in bilingual regions. (paragraph s article 52)
Planning for educational programmes toward better health and healthy life
styles. (paragraph T article 52) for the purpose of reforming physical fitness
structures, promoting the culture of sports and exercise, qualitative and
quantitative development of access to championship and pubic sports and
athletics, developing the system for scouting talents, strengthening the presence
of non-govenimnental sector, promotion of research and quality human resources
in the Fourth Plan.
172. The ministries of Education, Science, Research and Technology, and
Health and Medical Education are required to draft a programme in accordance
with the document in paragraph 1 above to promote sports in schools, to
promote sports in universities, to expand covered and open sports facilities and
halls (priority for girls), to increase the hours for physical fitness, to establish
sports clubs and to train humnan resources for the physical fitness and wellness
sectors. After approval of the plan by the Council of Ministers, it can be
executed. Moreover, the Physical Fitness Organization is required to carry out
its plans according to the document mentioned in paragraph 1 above by using
the services of experts in logistics and administrative departments. (article 117
and paragraph A)
173, Policies and guidelines for raising knowledge and awareness and
productivity of women human resources for the purpose of promoting their
effective presence in different arenas
Strengthening the institution of family and status of women in the family and in
social arenas, and recovering the legitimate and legal rights of women in all
fields and in light of their constructive roles (paragraph 14 of Policies )
Reforming system of education, including, technical and professional
education, and to achieve effective higher education that can meet the needs of
society for human resources required to realize the goals of the Twenty-Year
Vision (paragraph 10 of Policies)
Taking necessary measures to reform the educational system of the country and
the entrance examinations to the universities in view of the educational record
and perfonnance during secondary years, and encouraging involvement of
universities in order to elevate innovation, creativity, entrepreneurship, and
75
creating an independent spirit of learning and research among the young people
(paragraph c article 43)
174. The government is required to ensure equal opportunities for access to
education, especially in the less developed regions of the country, to promote
knowledge, skills and to elevate productivity of human capital, especially for
girls, to achieve qualitative and quantitative development of public education.
The measures and actions that do not require legislation are as follows:
Development of the required areas for the implementation of “Education for
All” programme
Making education up to the end of Guidance (tenth grade) mandatory gradually
in regions designated by the Ministry of Education in such a way that by the
end of Fourth Plan this goal is achieved (article 52 paras. A and B)
On the job education matching the job for the purpose of elevating productivity
and professional skills (especially for women) and particularly by short tenn
programmes (para. A Article 54)
Policies and guidelines for creation of the required grounds for increasing the
share of women in economy
Promotion of social justice, creation of opportunities matching the potentials
and capacity and interests of the society and elevating indicators such as
education, health, food security, per capita income and fighting corruption
(para. 12 of Policies)
Creating the required mechanisms for the growth of productivity of the factors
of production such as energy, capital, workforce, water and soil, etc., supporting
entrepreneurship, innovation, scientific and research talents (para. 37 of
Policies)
To achieve a diverse economy dependent on knowledge and infonnation,
human capital and modern technology (para. 36 of Policies)
Providing the required provisions for optimal productivity of national capacity
and that of the region in the field of infonnation technology, biotechnology and
micro technology, environment, aviation and space and nuclear technologies
(para.C article 43)
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Designing programmes for employment, einpowennent, attracting social
participation, teaching professional skills and life skills, specially to women in
the lower three deciles of income (paragraph D article 59)
Reforming the laws and regulation to improve competitive capacity, to create
conditions for greater participation of people, NGO' s and professional and trade
association in social, political, cultural and family arenas.
Strengthening the institution of family and status of women in social arenas and
recording their legitimate and legal rights in all arenas especially in view of
their constructive role (paragraph 14 of Policies)
The government is required to take the following measures with the view of
strengthening the role of women in the society and family:
Preparation, adoption and implementation of comprehensive plan on women' s
affairs and family, including review of laws and regulations to protect women
and family, strengthening skills of women to match the needs of women and
society and advances in technology, increasing structures for investments in
entrepreneurship, better quality of life and increasing public awareness
regarding their abilities.
Preparing and presenting bills relating to strengths of family institution for
adoption by the relevant bodies
Taking necessary measures, including preventing programmes and putting in
place the required legal facilities to prevent violence and brutality against
women and children.
Taking necessary measures to support qualitative development of community
organizations, societies and charitable and Islamic institutions.
Note: all executing agencies are required to allocate the necessary funds for the
legal obligations under this article and include it in the annual budget under the
relevant programmes and make necessary coordination with the Center for
Participation of Women and Family (article 111).
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Rights of Women at Individual Level
175. Some of the rights stipulated in the Covenant on Civil and Political Rights
are recognized as individual and inherent rights, and solely for the human
dignity of women, apart from their gender.
These rights include the right to life, prohibition of torture, cruel and inhuman
treatment, and the right to be free and not be held in servitude, the right to have
privacy and freedom of thought. These rights are part of the laws of the Islamic
Republic of Iran and a number of strategies have been envisaged to give effect
to these rights.
Article 20 of the Constitution states: All citizens of the country, both men and
women, equally enjoy the protection of the law and enjoy all human, political,
economnic, social, and cultural rights, in conformnity with Islamic criteria.
Paragraph 6 of article 2 of the Constitution sates: The Islamic Republic of Irna
is a system based on the exalted dignity and value of man, and his freedom
coupled with responsibility before God.
Right to Life and Inherent Dignity of women
The law concerning rights and duties of women in national and international
arenas (adopted by the Islamic Consultative Assembly) in 1385) places
emnphasis on the following rights:
Paragraph 2: the right to enjoy respect and the duty to treat others with respect.
Paragraph 1: the right to benefit from deserving life and physical health, and
duty to protect it against diseases, accidents and violations.
Paragraph 5: immunity of the life, property and dignity of women and their
private life against illegal violations.
Paragraph 6: the right to enjoy social justice in the enforcement of the law
regardless of gender.
Paragraph 17: the right of girls to enjoy emotional and psychological needs,
compassion from parents and immunity against domestic violence.
78
Paragraph 61: the right to have protection and immunity against verbal abuse by
others and duty toward members of the society to refrain from verbal abuse.
Paragraph 72: the right to benefit from continuous supervision over cultural
activities relating to women for the purpose of protecting the personality,
dignity and human worth of women in cultural products.
Paragraph8 1: the right and responsibility to enjoy a status deserving the role,
standing and dignity of women in text books.
Article 22 of the Constitution: The dignity, life, property, rights, residence, and
occupation of the individual are inviolate, except in cases sanctioned by law.
Article 21 of the Constitution: The government mnust ensure the rights of
women in all respects, in confonnity with Islamic criteria, and accomplish the
following goals:
Create a favorable environment for the growth of woman's personality and the
restoration of her rights, both the material and intellectual:
The right to freedom
Article 23 of the Constitution: The investigation of individuals' beliefs is
forbidden, and no one may be molested or taken to task simply for holding a
certain belief.
The Law on Rights and Duties of Women in national and international arenas
are as follows:
Paragraph 3: the right to freedom of thought and immunity from violations and
inistreatinents because of a belief.
Paragraph 4. The right of an individual to enjoy his/her faith and to preserve
and advance it spiritually in respect of beliefs and behaviours.
Paragraph 9: the freedom of women followers of Islamic faiths and official
religious mninorities in exercising their religious ceremnonies and teachings and
matters relating to personal status according to their faith within the limits of
law.
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176. Paragraph 10: Freedom of Iranian women in using indigenous and local
costumes and dresses and dialects, and exercising their traditions, provided they
are not contrary to good morals.
It is noteworthy the freedom to adhere to local traditions are to the extent that
they do not violate the law, or even contradict good morals. Therefore, if local
traditions and practices in any way violate the rights of women or are contrary
to good morals, they are forbidden.
For this reason, whenever the matter relating to observance of hUab for women
is raised, according to the rights of citizens and the requirements that societies
apply through their governments, the Islamic Republic of Iran has put in place
certain regulations in view of the Sharia criteria and Islam as the official
religion of the county for public order and good morals.
One of these regulations is the requirement for women to cover themselves
properly in public. Therefore, all Iranian women and men are required to
observe certain dress code in accordance with the Sharia. Needless to say, this
requirement is for presence in public, and people are free in their private space
like their homes.
The right to have a name
177. Paragraph 7 of the Law on Rights and Duties of Women in national and
international arenas emphasizes the right to have a name, to keep it and to
change it.
Article 97 of the Civil Code of Iran: Every person must possess a family name.
A. Rights of Citizens
178. Paragraph 8 of the Law on Rights and Duties of Women in national and
international arenas recognizes the right of citizenship for every Iranian woman
and renouncing of citizenship by her.
Article 41 of the Constitution: Iranian citizenship is the indisputable right of every
Iranian, and the govenirnent cammot withdraw citizenship from any Iranian unless
he himself requests it or acquires the citizenship of another country. Because of
frequent questions regarding this matter, explanations are provided below.
A. Change of citizenship as the result of mnarriage
Majority countries of the world have accepted that for the sake of preserving
the unity of the family, wife and husband should have one nationality.
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Therefore, if a woman and a man who want to be married have two different
nationalities, usually the nationality of the husband is imposed on wife.
Otherwise, the wife would be deprived of the advantages and rights enjoyed
by the husband because of his citizenship rights and face many problems.
There have been much debate on this subject and there are those who argue
that today's women are equal to men in all rights. But we all know that
citizenship is a political matter, and not a legal matter relating to private law,
thus the governments are free to decide as they choose.
The Civil Code of Iran in paragraph 6 of Article 976 states that every
woman of foreign nationality who marries an Iranian husband is regarded as
Iranian citizen. Therefore, the choice of the woman has no bearing on this
matter. If the government of the woman' s nationality continues to regard her
as its citizen after the divorce, then the woman would have citizenship.
It can be deduced fonn paragraph 6 of article 976 that the marriage should
have taken place legally. That means that the marriage should have been
registered in accordance with article 9033 of the Civil Code by an Iranian
Consulate office.'
A woman who acquires Iranian citizenship as a result of marriage with an
Iranian mnan is regarded an Iranian citizen as long as she mnaintains the
marital relationship, and needless to say there are no limitations in respect of
ownership of immovable property.
179. In case of divorce or death of the husband, the woman (wife) continues to
possess her Iranian nationality, but has the right to revert to her former nationality
by giving a notice to the Ministry of Foreign Affairs and presenting the certificate
of divorce or death of her husband. 2 If the dissolution of marriage is as a result of
the death of the husband, according to article 986 of the Civil Code of Iran and the
widow who has children from her former husband cannot take advantage of this
right so long as her children have not attained the full age of 18 and according to
article 1171 of the Civil; Code, the mnother retains the custody of the child. If that
was not the case, when the woman reverts to her former nationality, it is possible
that she would take the mninor child out of Iran or leave the child without any
guardian in Iran. In both situations, the best interest of the child and Iranian society
would be at risk.
1 According to article 1051 of the Civil Code the Government can make the marriage of certain Government servants and
officials and students supported by the Government with a female foreign national dependent upon special pernlission.
2 According to article 5 of eh Iranian Citizenship Code these women need to complete a written
declaration (specimen 6) and after notarization submit it to the Ministry of Foreign Affairs.
81
B. Change of nationality of the wife of a person who has acquired Iranian
nationality
180. In most countries of the world that believe in single nationality, when a man
acquires the citizenship of that country, his wife also becomes the citizen of that
country. For Example, in the Civil Code of Iran, article 984 states: The wife and
minor children of those who obtain Iranian nationality in accordance with this Act
will be recognized as Iranian nationals but the wife can submit, within one year of
the date of issue of nationality papers to her husband, and the minor children can
submit, within one year after reaching the full age of 18, a written declaration to
the Ministry of Foreign Affairs accepting the fonner nationality of her husband or
the father as the case may be.
Therefore, according to article 984 of the Civil Code, the wife can only revert to
fonner nationality of her husband, and if she wants to revert to her original
nationality which is different from the fonner nationality of her husband, the law is
silent on this, but the Ministry of Foreign Affairs in practice accepts this change of
nationality.
According to the Citizenship Departmnent of the Ministry of Foreign Affairs, the
imnportant point in article 984 is the recognition of the right to choose nationality,
not what government she chooses. The latter is a secondary matter and is not of
essential importance in view of the government of Iran.
1. Family Rights of Women
181. Women have different rights and duties inside the family in view of their
role as a wife and mother. The rights of women as wives are considered at three
stages of mnarriage and fonnation of family, the marital life, and dissolution of
marriage. These rights are explained in details in article 23.
According to the Laws on Rights and Duties of Women in national and
international arenas, the rights of women in the family are as follows:
Paragraph 21: The right and duty of women in consolidating the foundation of
family and enj oyinent of the required legal protection in order to prevent
disagreements and reducing the number of divorces.
Paragraph 22. The right to use cultural, social and economic facilities to
facilitate mnarriage at the right age, while abstaining until mnarriage.
Paragraph 23. The right to be aware of the rights and duties of the couples and
to know the art of being a good spouse
Paragraph 24. The right to know the standards and criteria of choosing a spouse.
82
Paragraph 26. The right to stipulate the prenuptial conditions within the
framework of Sharia, and having sanction for these conditions.
Paragraph 27. The right to register marriage, divorce and resort to official and
legal recourse.
Paragraph 28. The right of woman to benefit from financial rights during
marital life.
Paragraph 29. The right and duty to provide, dedicate , to be healthy and clean
in sexual relations with the spouse and the right to initiate a protest in case of
defects in these areas.
Paragraph 30. The right and duty to have common residence, good cohabitation,
security and safety in relations with the spouse, the right to protest and initiate a
complaint in case of abusive behavior by the spouse.
Paragraph 40. The right to separate from spouse in case of irreconcilable
differences after resorting to court and presenting justifiable evidence, and the
duty to respect the rules of divorce.
2. Judicial Rights and Duties of Women
182. According to article 3 of the Constitution in order to attain the objectives
specified in Article 2, the government of the Islamic Republic of Iran has the
duty of directing all its resources to the following goals:
Paragraph 9: the abolition of all forms of undesirable discrimination and the
provision of equitable opportunities for all, in both the material and the
intellectual spheres.
Paragraph 14: securing the multifarious rights of all citizens, both women and
men, and providing legal protection for all, as well as the equality of all before
the law.
183. Article 12 of the Constitution: The official religion of Iran is Islam and the
Twelver Ja'fari school, and this principle will remain eternally immutable.
Other Islamic schools are to be accorded full respect, and their followers are
free to act in accordance with their own jurisprudence in performing their
religious rites. These schools enjoy official status in matters pertaining to
83
religious education, affairs of personal status (marriage, divorce, inheritance,
and wills) and related litigation in courts of law. In regions of the country where
Muslims following any one of these schools constitute the majority, local
regulations, within the bounds of the jurisdiction of local councils, are to be in
accordance with the respective school, without infringing upon the rights of the
followers of other schools.
Statistics on women employed at the Judiciary
184. Concerning the number of women working in the Judiciary branch
affiliated agencies that have professional and executive positions, the last
statistics for the month of Khordad 1388 are in the table below:
Organizational posts
Number
Assistant General and Revolutionary courts Prosecutors
414
Judicial Counselors
83
Deputy of Judicial Complex
14
Advisors to Appellate Courts and Deputy for Legal Affairs
14
Judicial Deputy to Director General of the Ministry of Justice —
Province of Tehran
3
Judicial Deputy to Director General of the Ministry of Justice —
Province of Isfahan
1
Advisor to the General Legal Department and Legislations
3
Advisor to the Office of Judicial Research and Studies
1
Total
533
For comparison, the number of women judges n 1382 was 161, or Deputy of
Judicial Complex was only 4. It is noteworthy that women legal advisors in the
Appellate courts have equal powers as men in issuing verdicts and rulings.
Statistics on Women Occupying Professional and Administrative Positions
Administrative Personnel of the
Judiciary_-_Officers
263
Administrative Staff — Heads of
Department
7
Admninistrative Staff — Heads of Group
2
Admninistrative Staff — In Charge of
Social_aid
1
Admninistrative Staff — In Charge of
1
84
Nutrition
Administrative Staff — Deputy heads of
Department
9
Administrative Staff — Advisors
21
Administrative Staff — Social Workers
70
Administrative Staff — Planners
1
Admninistrative Staff — Physician
10
Admninistrative Staff of Prisons
Organization
163 doctors, specialists and
experts
Admninistrative staff- mnanagerial
positions_in_prisons_organization
24
Staff of the Forensic Medicine
Organization
9 heads of departmnents and heads
fo medical group
Staff of forensic Medical Organization
113 doctors and 26 specialists, 42
experts,78 other experts
Staff of Taazirat Organization who issue
rulings
9
Admninistrative staff of Deeds
Registration in managerial positions
946 experts and Officers In
charge
Staff of Deeds Registration
Organization in managerial positions
7 Heads of Departmnents, 18
Deputy heads of Department
Admninistrative Staff with mnanagerial
positions in the General Inspectorate
20 Experts 1 Head of Departmnent
Women with License to serve as judicial
advisors
335
Women who need to complete judicial
advisors classes and receive the license
2,565
185. According to article 21 of the Constitution, the govenimnent must ensure
the rights of womnen in all respects, in conformnity with Islamic criteria, and
accomplish the following goals:
1) create a favorable environment for the growth of woman's personality and
the restoration of her rights, both the material and intellectual
The following rights are in accordance with the Law on Protection of Women's
Rights and Duties in National and International Arenas
85
Article 131. The right of women to benefit from legal education,
132. The right of women to benefit from judicial protection and legal remedies
to prevent crime and brutality against women in family and society, taking
action to end abuse against women,
133. The right to have access to special family courts to protect privacy, to
bring reconciliation toe her family and to facilitate reconciliation of differences,
134. The right to have access to women police and judiciary officers in cases of
violence, being a victim of a crime or charged with commission of an offence,
135. The right of women to occupy legal and judicial positions according to the
law,
136. The right to initiate a claim or complaint and defend in he courts of law or
other legal bodies,
137. The right to use an attorney or legal counsel in courts,
138. The right to have the full support of the judiciary in combating factors
behind violence against women and commission of crimes by women,
140. The right of women to be exempted from sentencing, if there are reasons
to waive criminal responsibility,
141. The right to restore the dignity of women that has been as a result of
wrongful judgment by and receiving moral and material compensation,
143. the right to benefit from lawful commutation of sentencing in tenns of
severity or being exempted or the modality of its enforcement in case of
remorse and repentance and in time of pregnancy, lactation and illness,
143. The right of womnen to hve visitation by parents, children and husband in
time of incarceration according o the laws of the country,
144. the right of women to benefit from proper heath, cultural, educational
facilities while in prison for the purpose of rehabilitation and return to nonnal
social life,
86
145. The right of young women to benefit from correctional centers with proper
conditions,
146. The right of women to initiate complaints against govenimnent regulations,
judicial and govenimnental officers in order to recover their rights,
147. The right and duty to give testimony in the court according to rules of
Sharia and law,
148. The right to benefit from judicial support by the Prosecutor in claims
against legal guardian and others who abuse their rights.
The newest amendments and legal decrees that are beneficial to women
Share of inheritance from the estate
According to a single-article bill proposed by the representatives of the Islamic
Consultative Assembly, and in light of the fitwa by the Leader, women take
inheritance from the entire estate of their deceased husband like other heirs. In
the past, the wife took inheritance from the price of the buildings and trees not
the land. But with the new amnendmnent, she takes inheritance from the land as
well.
Equal blood money (Diyeh) for men and women in all religions and mandatory
insurance
186. According to Note 2 to article of the Law on Comnpulsory Liability
Insurance for owners of motor vehicles against the third parties, adopted 1378,
the insurers are required to pay the damages to the third parties up to the ceiling
of the insurance contract regardless of the gender. The sum of blood money
above the contract that has been ruled by the court shall be paid as accident
insurance.
For more infonnation on the content of the law on Protection of Women and
Children without the Guardian, refer to the attachmnent numnber This law is
for the protection of widows, elderly women, women and children without
guardian, and children without guardian. Financial, educational, and social
assistance is provided to them.
The Directive 1/78/6933 dated 10/7/1387 calls on crimninal courts to refrain
from sentencing womnen, children, young adults and those without prior prison
87
record to prison and to the extent possible and in view of the conditions and
regulations change prison sentences of these groups of people into pecuniary
and other punishments.
Indicators for the realization of article 3 of the Covenant in view of the general
interpretation of this article by the Committee on Human Rights
According to the Constitution of the Islamic Republic of Iran all citizens of the
country, both men and women, equally enjoy the protection of the law and
enjoy all human, political, economic, social, and cultural rights, in confonnity
with Islamic criteria.
187. Article 44 of the Constitution: The economny of the Islamic Republic of
Iran is to consist of three sectors: state, cooperative, and private, and is to be
based on systematic and sound planning. The cooperative sector is to include
cooperative companies and enterprises concerned with production and
distribution, in urban and rural areas, in accordance with Islamic criteria.
Ownership in each of these three sectors is protected by the laws of the Islamic
Republic, in so far as this ownership is in confonnity with the other articles of
this chapter, does not go beyond the bounds of Islamic law, contributes to the
economic growth and progress of the country and does not harm society.
188. To support and underline this inalienable right of women, the Law on
Rights and Duties of Women in paragraph 109 states: the right to participate in
economic policy-making and to create and manage commercial and economic
institutions and mnemnbership in themn.
189. Moreover, in view of the Constitution, access to employment opportunities
for men and women should be equal. Article 28 of the Constitution states:
Everyone has the right to choose any occupation he wishes, if it is not contrary
to Islam and the public interests, and does not infringe the rights of others. The
government has the duty, with due consideration of the need of society for
different kinds of work, to provide every citizen with the opportunity to work,
and to create equal conditions for obtaining it. In the Islamic Republic of Iran,
women in addition to their right to have proper employment, have the right tp
participate in economnic policy-mnaking. This right is divided into two parts of at
macro and micro levels.
190. At the micro level, women participate actively in drafting of economic
imnplemnenting regulations in the organizations, mninistries and governmnental and
88
non-governmental institutions in which women serve as in decision-making and
managerial positions.
At the macro level, women participate in the decisions of the govenimnent and
legislations by the Islamic Consultative Assembly that relate to the economy.
The laws and rule in Ian recognize this right of women.
Creation and management of economic institution and membership in them is
also another right of women. Cooperatives are important economic and
commercial institutions involved in production, distribution and services. The
cooperatives play an import role in the economy of the country.
In keeping with one of the important articles of the Constitution, Social and
Cultural Council of Women as the high authority in policy-making on women
issues had the employment policy on women adopted by the High Cultural
Revolutionary Council on 21/5/20.
191. Article 1: in view of the sanctity of the status of motherhood and
cultivation of the future generation, mnanagemnent of homnes and in light of the
imnportance of women's role in the process of cultural and economic
development, the moral and material value of the role of women and their work
at home need to be considered.
Article 2: employment of women in cultural, social, economic and
administrative professions and occupations are among the requirements for
realization of social justice and progress, and need to be accoded high priority.
Article 3; Cooperation and collaboration of the members of families with each
other for optimal management of the affairs of the home and for the purpose of
discharging social responsibilities is essential.
Article 4: conditions and environment of social activities of women should be
provided in a way that it would lead to their professional development and
would not harmn their faith and mnental and physical health.
Article 5: in view of the role of women in the social progress and economic
development as half the population, necessary facilities should be provided to
employment of women by the government. Moreover, necessary plans
according to their priority need to be put in place and special legislations and
resources dedicated for the employment of women up to the level that needs of
he society for professions in paragraph A and B could be met. Concerning jobs
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in Paragraph C, women should be able to acquire the jobs of their choice
without discrimination.
A: Professions that are recommended for women in Sharia, like midwifery,
some fields of medicine and teaching.
Occupations that are more proper, mentally and physically, for women, such as
laboratory sciences, electronic engineering, pharmaceutical industry, social
work, and translation.
Professions that have no advantage or primacy for men or women and choosing
them happens naturally and the criteria is simply experience and expertise, not
gender, (unskilled workers in other technical and service fields)
Article 6: encouraging educated, experienced and skilled women to acquire
mnanagemnent positions for the purpose of utilizing their productivity in higher
executive positions.
Article 7: in view of the fact the educated and skilled human resources are the
most valuable assets of any society and substantial resources have been spent
on themn:
First, to the extent possible women should be able to choose fields and
disciplines of studies that better match employments of women.
Second, necessary facilities should be provided for utilizing the capacity of
educated women and experts and efforts should be made that their role in the
family would not deprive them from social activities.
Article 8: The mass media and pub broadcasting services should present their
programmes in line with the policies on employment of women to pave the way
for the attraction of women to cultural, social, service and production activities
and to correct he social; perception concerning employment of women and
promote the idea on he necessity of the presence of women in the advancement
and development of the nation.
Article 9: in detennining the value of work under equal conditions, at least
equal wages and salaries should be envisaged.
Article 10- In light of the imnportance of the Islamic Republic of Iran attaches to
the consolidation of foundation of family and the constructive and educational
90
role of women at home, the required rules and facilities have been envisaged to
help women discharge their role as mothers. For example, there are special
leaves with pay and without deduction from he working hours, retirement
benefits, job security, social security in times of unemployment, old age and
disability.
Article 11: Facilities should be provided for professional and vocational
education and proper employment opportunities with priority for deprived
segments of women heads of households.
Article 12: Proper employment opportunities for mothers who are homemakers
to work at home near their children, without any time limitation and by paying
wages against work and providing Cooperative facilities.
Article 13: Administrative and employment Affairs Organization (civil service)
and Ministry of Labour and Social Affairs are required to work with Social and
Cultural Council of Women to prepare and drafting rules ad directives for the
implementation of these policies. For the future drafting of rules and directives,
and amendment of past policies, these policies should be taken on board and he
results communicated to the High Cultural Revolution Council.
For more support to women in economic arenas and raising their economic
status, the Law on Rights and Duties of Women has paid special attention to
this imnportant matter as explained below:
Economic Rights and Duties of women
191. According to the Charter on rights and duties of women, approved by the
Islamic Consultative Assembly, these rights are as follows:
Economic Rights and Duties of women
Article 89: The right to benefit from alimony in pennanent marital relationship,
in accordance with the status of the woman, by the husband or by father and
children if needed by the woman and in view of heir capacity.
90. The right to have a share from the estate of the deceased and his will in
accordance with the Islamic laws.
91. The right to make endowment, to accept endowment and to inspect it.
91
92. The right to act as agent of a principal and make wills
93. The right to determine the amount of nuptial money, to receive it and to
dispose of it as she wishes.
Therighttobfltfrompenincaseofthedeathoffatherhusband,orthe
child according to the law or contract.
95. The right of the legal heirs to benefit from retirement salary of the deceased
woman employee.
96. The right to accept the financial guardianship of children and the duty to
respect economic rights of children
97. The right of women and girls to benefit from the required assistance in case
indigence, divorce, disability, not having a guardian, and creating possibility for
their rehabilitation and self-reliance.
98. The right to receive wages from husband in lieu of housework if demanded,
and the right to have support for the impact of women's work at home on
household economy and on national income.
99. The right to own personal property and to use the property within the
confines of Sharia and law.
100. The right of women to conclude contracts and agreements.
101. the right to have employment after reaching the legal age and freedom to
choose occupation of choice, to use personal capital and the duty to observe
rules of Sharia in earning income and using it.
102. The right of women to benefit from education , acquiring skills and other
requirements of employment for finding proper occupation, and the right of
women heads of household to benefit from support
103. The right of women to benefit from professional job placement counseling
by women.
104. The right to have equal pay and benefits for equal work compared to men
and other women.
92
105. The right to benefit from job and moral security, and safety, and duty to
observe rules of decency at the workplace.
106. The right of women to be exempted from forced labour, and dangerous and
harmful work at the workplace.
107. The right to benefit from proper facilities and regulations matching the
family responsibility of women (as mothers and wives) in recruitmnent,
placement, promotions and retirement.
108. The right to benefit from social security and economic facilities.
109. The right of women to participate in economic policy-making, creation and
management of economic enterprises and membership in them.
110. The right and duty to receive and pay blood money and financial
punishmnents according to rules and regulations.
111. The right to enjoy proper and effective legal support for the purpose of
preventing exploitation and trading of women and preventing the use of women
and girls in illicit and illegitimate work.
192. These laws and policies are the primnary reason for the continued increase
in economic participation of women from 1365 to 1386. During this period, the
level of participation of women has gone up by 72 percent, while economic
growth rate relating to men has come down by 10 percent during the same
period. Moreover, during 1365 to 1386, despite the increase in economic
participation by women, reflecting in a way increase of demand for work, the
employment rate has increased, to the extent that ratio of employed women to
the total persons employed in 1385 was estimated to be 13.6 percent, which is
12.3 percent greater than ten years ago.
193. The Center for Women and Family Affairs affiliated to the President's
Office has allocated 21 percent of its programmes and projects to economic
activities of women, and 11% of the total budget is spent on supporting women
cooperatives. This center has concluded more than 70 contracts and projects in
the following areas to increase the economic participation of women:
Supporting women cooperatives and promoting the establishment of these
cooperatives
93
Generating employment and entrepreneurial skills of women.
Promotion of employment through women rural cooperatives
Enhancing the capacity of women for employment
Increasing the employment skills of women
It is noteworthy that he cases mentioned here are only summary of the efforts
made by one agency of the govenimnent to increase employability of women.
The level of women participation in political affairs
According to article 3 of the Constitution of the Islamic Republic of Iran, the
government is required to direct its resources to attain the following goals:
The participation of the entire people in determnining their political,
economnic, social, and cultural destiny.
Accordingly, the Law on Rights and Duties of Women in chapter 4 relating to
the political rights and duties of womnen state:
Rights and duties of women in national politics
112. The rights and duties of women in participation, raising their awareness,
and playing their role in the destiny of eh county for the consolidation and
protection of the Islamic System.
113. The right and duty to participate in social affairs, to oversee them in order
to direct the society toward moral goodness and spirituality and to cleanse the
society of moral and behaviourial aberrations.
114. The right to freedom of expression and assembly by respecting the rules.
115. The right to establish political parties and other political institutions and to
be active in them by respecting the independence of the country, national unity,
and the interest of the Islamic system.
116. The right to participate in elections and to be elected in parliament or local
councils, participate in preparation of government plans and to occupy senior
executive positions by observing the prevailing standards.
94
194. B. the rights and duties of women in international politics
Article 117. The right and duty to be aware of political events and issues facing
the world, especially the Islamic world.
118. The right to develop and exchange constructive political infonnation
among women in Iran and the world by observing national interests and rules of
law.
119. The right and duty to have active and effective presence in Islamic forum,
regional and international forums, especially in respect of issues facing women
by observing rules of law.
120. The duty to work toward stronger solidarity among Muslim women and to
support the right of deprived women, children and the oppressed of the world.
121. The right of women refugees in the Islamic Republic of Iran to enjoy
security, health and the possibility of returning to their country.
122. The right of women citizens of Iran to have the support of their
government vis-á-vis women of other nationalities within the limits of law.
123. the right of Iranian women to benefit from legal protection in respect of
marriage and formation of family with non-Iranian men, within the limits of
law.
195. These kinds of support for political participation of women have prompted
more women to contest for the election of the Islamic Consultative Assembly in
the 8 thi parliament. The number of women candidates increased to 585 which is
8.18 of he total number of candidates. This is a seven-fold increase compared to
the first parliament. The number of women representatives in the 8 thi parliament
has doubled compared to the first parliament. The number of women in the
local council in cities and rural areas has increase to 4,911, which shows
8.44%increase compared to the first council elections. Moreover, in addition to
the cases above, the presence of advisors on women affairs in 40 ministries and
government agencies and in provincial administrations in 31 provinces, and
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more than 250 advisors to governors and 400 assistant village administrators are
all only a part of eh presence of women at the high level of political decision-
making. The number of women serving as assistant village administrators over
the past two years has risen 156% . They are chosen by the members of the
Village Council who are elected by the people.
Third Indicator: Education
In view of article 3 of the Constitution concerning the requirement on the part
of the government to provide free education for all at all levels and to facilitate
and promote higher education, there also provisions in the Law on the Rights
and Duties of Women on education.
76. The right to literacy for all, to promote education and benefit from
educational facilities for women,
77. The right to have access to higher education at the highest levels.
78. The right to acquire skills, and specialized education both in terms of
quality and quantity at the highest levels.
79. The right of women and girls in the deprived areas of the country to benefit
from special support in respect of education.
80. The right and duty in drafting of educational syllabus and texts.
82. The right to participate in policy-making and decision-mnaking and
educational management and active presence in cultural and scientific forums in
Ian and abroad.
83. The right to recognize, support and to benefit from the capacity of talented
of women and their duty to meet the needs of the society.
83. The right of physically and mnentally disabled women to benefit from the
required support in respect of education, access to higher education, and
vocational training mnatching their talents and level of disability.
The Islamic Republic of Iran has been able to increase the level of secondary
and higher education of women by adopting the policies and legislations
explained above and by numerous executive strategies and measures as
explained below:
96
196. According to statistics for the year 1385, the rate of literate women, compared
to the total population of women above the age of 6 increased Adultery between a
non-Muslim man and a Muslim woman, in which case the adulterer
(non-Muslim inan)126 percent compared to 30 years ago.
The number of girl students in 1378 was more than 6,791,000 which ahs
increased 126% compared to 30 years ago. It is also to be noted that about 63%
of students at pre-university level are girls.
The girls participating in the national university entrance exam in 1378, was
63.19 % of the total participants and their number, compared to 25 years ago.
Ahs gone up by 5.7 times.
197. The number of women accepted to the govenimnent higher education
institutions in 1386 was 20 times more than the numnber 30 years ago. In this
year, the number of girls, compared to the total number of entrants to
undergraduate level was 44.27% and 63/4 at graduate level (master's degree)
and 44.7% at doctoral level. The number of women students at govenimnent
higher centers of education in 1385, compared to 30 years ago, increased 6.7
times.
Article 4
198. According to article 79 of the Constitution as a general principle
proclamation of martial law is forbidden. But under exceptional circumstances,
the government has the right to impose temporarily certain necessary
restrictions, with the agreemnent of the Islamic Consultative Assembly. This is
one of the important provisions in the Constitution for the purpose of protecting
freedoms, because is perfectly clear the proclamation of marital law is the tool
to restrict freedoms of people, especially freedom to assemble, freedom of press
and expression. The constitution has been very careful in preventing those in
power from abusing their power and imposes marital law under the excuse of
protecting law and order. This sensitivity has been demonstrably shown in
article 9. Article 79 of the constitution bans imposition of martial law and
regards imposition of certain restrictions under special circumstance with the
agreement of the Islamic Consultative Assembly. Article 79 states: The
proclamation of martial law is forbidden. In case of war or emergency
conditions comparable to war, the govenimnent has the right to impose
temporarily certain necessary restrictions, with the agreement of the Islamic
Consultative Assembly. In no case can such restrictions last for more than thirty
97
days; if the need for them persists beyond this limit, the government must
obtain new authorization for them from the Assembly.
Article 5
199. As stated in this article and in the broad interpretation by the Committee,
the govenimnent of the Islamic Republic of Iran has not mnisinterpreted the
articles of the Covenant, and on the contrary in many cases b adopting
legislations, policies and taking actions has tried to protect the humnan rights of
the citizens living within its territory without any discrimination and even has
gone beyond the Covenant to promote human rights. Some of the examples of
these measures and actions are as follows:
Article 6:
200. Concerning the punishmnent of death sentence, article 22 of the constitution
of the Islamic Republic of Iran states: The dignity, life, property, rights,
residence, and occupation of the individual are inviolate, except in cases
sanctioned by law.
Crimes for which death sentence are envisaged are as follows:
Smuggling of a definite amount of illicit narcotic drugs.
Armed robbery (article 186 of the Islamic Penal code)
Acting to overthrow the govenimnent by armaments and explosive materials
(article 188 of the Islamic Penal Code)
Adultery with one's consanguineous relatives (close blood relatives forbidden
to each other by religious laws
Adultery between a non-IIVluslimn mnan and a IIVluslimn womnan, in which case the
adulterer (non-Muslim man) (article 82 of the Islamic Penal Code)
Military offences with defined severity and degree.
The Islamic Republic of Iran as an accountable and committed member of the
international comnmnunity regards mnemnbership in international treaties on
prohibition of weapons of mass destruction as a strategic principle in its foreign
98
and defense policy. Iran cooperates in a transparent fashion with the
international bodies and our sincerity has been confinned by these forums.
The Islamic Republic of Iran was among the first group of countries that signed
NPT and Chemical Weapons Convention.. Iran is also a state a party to 1948
Geneva Convention and to prove its good faith has consistently adopted a
positive approach toward based on full cooperation. This approach has been
exemplary in the volatile region of the Middle East.
It is also noteworthy that in the Islamic Republic of Iran death sentence is only
applied for certain crimes. With respect to intentional homicide, there is
provision in the law for death sentence, but it is applied when demanded by the
“owners of blood” and agreement of the Valieh Arnr or his representative.
(article 219 of the Islamic Penal Code).. Otherwise, if the complainant forsakes,
the offender can be set free after spending 3 to 10 years in prison and payment
of blood money (article 275 of the Islamic Penal Code).
There are more stringent legal proceedings for death penalty and the ruling by
the court of appeals has to be confirmed by the Supreme Court. For this reason,
the death sentence ruling by the lower courts are difficult to get confirmation.
Therefore, in the case of qisas in intentional homicide, it is part of the personal
rights of people, and there is no possibility for commutation. Only when the
complainant expresses consent, can the offender be safe.
Special Courts for Serious Crimes
202. Criminal Courts are established in accordance with the Constitution and
the basis of Amended Law on Establishment of General and Revolutionary
Courts of 1381. These courts hear cases in presence of five ranking judges.
According to article 4 of the aforesaid law, these courts have jurisdiction over
case for which the sentences are: qisas, amnputation, life sentence, and death
penalty. In these courts rules of court proceedings are strictly observed.
203. Therefore, Provincial Criminal Courts are for cases that carry the sentence
of qisas, death sentence, and stoning and life sentence. Of the five judges (one
chief judge, 4 advisors), or alternate prosecutor assistants, in the provincial
appellate courts, deal with offences that carry the penalties of qisas of limbs,
and political and press offences. These provincial criminal courts have one
chief judge, and two advisors or alternate prosecutor assistants (Note 1 of article
20 of the Law on Establishment of General and Revolutionary Courts of 1381.
99
The hearings of these courts cannot take place without the presence of lawyer.
The ruling without the presence of lawyer is ineffective.
204. The rulings issued in this connection are appealable in the Supreme Court
and for the purpose of ensuring the rights of the defendant; there is also
provision for receiving the approval of eh Va/fe Amr before the final ruling and
its implementation. Gradually and with the passage of time, implementing
regulations have been prepared on enforcement of these rulings. These
regulations have been progressive and have eliminated the previous defects. All
he rights of the defendants in these cases are taken into view. There are
possibilities to request commutation, stay the execution due to illness,
pregnancy (death sentence is applied for pregnant woman until her child
reaches two years of age). Moreover, there are provisions for medical
examinations, opportunity to perfonn religious ceremonies, meeting with
relatives, writing of wills, acceptance of the cost of the enforcement of the
ruling by the Judiciary.
Commutation of Death Sentence
205. Article 24 of the Islamic Penal Code states: Pardon or commutation of
convicted persons is allowed within the Islamic rules and after recommendation
by the head of Judiciary to the Leader.
Offences that carry death penalty are pardonable, but commutation is on only
for ta ‘aziorat and deterrent punishments that are applied under certain
conditions.
Noteworthy that the investigating judge at the time of issuing a ruling applies
the comnmnutation. Concerning comnmnutation of punishmnent, article 22 of eh
Islamic Penal Code sates:
The court can, if mitigating circumstances are shown, commute deterrent or
taaz/r/ punishmnents or change it into another punishmnent that is more proper to
the convicted person.
100
Suspension of Punishments
206. Article 25 of the Islamic Penal code states: in all taaz/r/ convictions and
deterrent punishments, the judge can suspend a part or the entire punishment
from two to five years by observing the following conditions:
The convicted person should not have past record of the following convictions:
Hodood conviction
Conviction of amputation
Conviction carrying prison sentence of more than one year
Conviction of pecuniary penalty more than 2 million rials
The court takes into view the social situation and background of the person and
the circumstances leading to the commission of the offence and them suspends
a part of the entire sentence.
Note: in non-deterrent punishmnents, suspension is not allowed, unless for cases
prescribed by Sharia or law.
Probationary release
207. In regard to probationary release, article 38 of the Islamic Penal Code,
states:
Any person who is convicted to prison sentence for commission of an offence
and has spent half of the prison term, the court that issued the original
indictment can issue an order for probationary release provided:
The convicted person has shown good behavior during incarceration,
If it could be safely anticipated from the circumstances of the convicted person
that he/she will not commit another offence after release from prison.
If to the extent that can be afforded by the convicted person compensation is
paid to the victim or the wrong against him/her is redressed or promises to pay
later, and pay the pecuniary penalty impose with the prison sentence or with the
agreement of the head of the Judiciary District make arrangemnents for payment.
101
The duration of probationary release at the discretion of the court shall not be
less than one year or more than five years (refer to attachment 46/2).
Execution in public
208. On the basis of the directive of 9 Bahrnan 1386 by the Head of the
Judiciary, implementation of death sentence in public will only take place with
the agreement of the Head of the Judiciary and due to social exigencies.
Central Pardon and Clemency Commission
209. The Central Pardon and Clemency Commission meets at least once a week
on a regular basis to review and examine case and to give its opinion the
requests for pardon and clemency.
This commission is made up of five judges who are versed in subjects relating
to law and Sharia and have judicial rank of 10 and above. They are appointed
by the Head of the Judiciary for five years. The Head of the Judiciary appoints
one of the members as the chainnan of the commission for five years and the
quorum for the meeting of the commission is three judges.
Moreover, the Director General for Penal Legalization serves as the secretary of
the comnmnission, and has the responsibility to follow up the admninistrative
matters relating to parson and clemency.
210. Recommendations for pardon in relation to cases carrying death sentence
and non-death sentence case and personal requests that have been received by
different places, and instructions by the Head of the Judiciary in relation to
article 20 of the Implementing Regulations, are first registered and then
examined by the experts from different departments. If the request matches the
provisions of the Implementing Regulations and possible flaws are redressed,
then on various occasions envisaged in regulations of the Comnmnission the
request for pardon and clemency is announced. Those occasions are:
The auspicious birth of the twelfth linain
The Auspicious birth of Prophet of Islam
The day Prophet began his mission
Eid Fitr
102
211. The decisions on pardon and clemency are presented by the Director
General of Legalization and the Secretary of the Commission. The members of
the Commission express their views take into account the severity of the
offence, past record of convictions, past record of pardon, social standing,
financial and economic situation, the circumstance of the offence, number of
dependants, tha age and possible illness of the convicted person. Each member
presents his opinion in the special column in the “pardon form”. The list of
prisoners eligible for pardon is also prepared in two parts:
Prisoners are eligible for pardon that would lead to release
Eligible prisoners that will receive reduction in sentence or alternative sentence.
Statistics on Pardon and Commutations in recent years
No
Occasions
1380
81
82
83
84
85
86
87
1
Birthof
prophet
348
627
616
3631
2432
1535
905
2
Mission of
tile_Prophet
685
741
639
7788
3092
3971
3067
3
Birthof
Imam
Mehedi
126
63
-
1660
4
EidFitr
385
341
428
1053
2185
1526
1915
S
EidKhom
1943
6
Anniversary
of
Revolution
36311
36599
26533
3164
3220
2418
4630
1167
7
Birthof
Fatima
1438
119
1522
8
Thirdod
Khordd
350
583
629
451
3502
Total
39268
38794
30452
6944
16824
9468
12051
15084
No.
Occasion
Date of the
occasion
Number of death
penali victims
pardoned
Number of
ordinary convicts
pardoned
Total
number
1
Liberation of
Khoramshahr
3/3/87
185 persons
3317 persons
3502
2
Mission of
Prophet
9/5/87
99 persons
2968
3067
persons
3
Khom Eid
17/9/87
157 persons
1785 persons
1842
persons
4
Revolution
Anniversary
22/11/87
195 persons
971 persons
1166
persons
S
Birth of
Prophet
25/12/87
106
799
905
103
Prohibition of Q/sas of Pregnant women
212. According to article262 of the Islamic Penal Code, “pregnant women who
are sentenced to Q/sas should not executed prior to delivery, and if execution of
Qisas causes the death of the child, it should be delayed until the threat of death
of the child no longer exists” . Moreover, according to article 288 of the
Criminal Procedures Code, the sentence of flogging shall not be applied in the
following cases:
For women who are pregnant or going through menstruation.
Lactating women during the times the child is breastfed, up to two years.
Ailing persons whose ailment would aggravate or healing is delayed as
diagnosed by the trusted physician or the coroner.
There are interesting changes and amendments in the new bill on Islamic Penal
code (submnitted to Majlis).
Prohibition of death penalty for persons under the age of 18
212. Concerning death penalty for persons under the age of 18, the Law on
Islamic Penal Code of 1370 in its Note 1 to article 49 states that a child is a
person who has not reached the age of Sharia maturity. Thus, the mature
persons are separated. But the Law on Protection of Children and Juveniles of
25/9/138 1 adopted by the Islamic Consultative Assembly in its article 1 states
that all children and juveniles under the age of 18 are covered in this protection
by law. Anyway, according the prevailing practice by the Children's courts over
the recent years, persons under the age of 18 are not sentenced to death.
213. According to the new proposed legislation by the Deputyship for legal
Affairs and Judicial Development, new standards have been drafted for the
protection of children and juveniles. Death sentence for all age groups of
children and juveniles under 18 has been omitted. The new proposed
legislation is under the title of “Review of offences by delinquent children and
juveniles”. It is to be noted that the bill is still in the Islamic Consultative
Assembly and has not been ratified yet after some years. The new bill has
different provisos in respect of punitive measures against children and
juveniles.
104
Article 7
214. Article 38 of the Constitution of the Islamic Republic of Iran stipulates:
All fonns of torture for the purpose of extracting confession or acquiring
information are forbidden. Compulsion of individuals to testify, confess, or take
an oath is not pennissible; and any testimony, confession, or oath obtained
under duress is devoid of value and credence. Violation of this article is liable
to punishment in accordance with the law.
Article 36 of the Constitution also states: The passing and execution of a
sentence must be only by a competent court and in accordance with law.
215. Although torture is forbidden according to the law, but there has been no
definition of the offence of torture in the Iranian law. Nevertheless, penal laws
consider certain actions that are in a way torture as punishable offences. Article
578 of the Islamic Penal Code states: Any employee or officer of the Judiciary
and non —judiciary that compels a suspect to confess or physically mistreats
him/her in addition to Q/sas and financial penalty is liable to be sentenced 6
months to 3 years in prison. If a person orders such a treatment, only the person
ordering is punished, but if the victim dies as the result of abuse, the
punishment of the doer and the ordering person shall be the punishment for
murder.
216. For example, there was a ruling concerning the conviction of the police
commander of a station who was sentenced to 95 days in prison and payment of
financial penalty to the complainant on charges of torture and causing bodily
pain to force confession, aiding and abetting in preparation of a false report,
using offensive language, and threatening to kill.
217. Article 579 of same law states: if an officer of the govenimnent punishes a
convicted person harder than the punishment prescribed in the ruling or applies
a punishmnent that is not part of the ruling, he/she is liable to be sentenced 6
months to 3 years in prison and if the action was carried out as he result of the
order of a superior, only the person ordering shall receive the aforesaid
sentence. If this action leads to comnmnission of another offence, eh punishmnent
for that offence shall also be applied.
218. Article 587 of the Islamic Penal Code states: If the offender of the
aforesaid offences threatens arrested or incarcerated or hidden persons to death
or inflicts torture and bodily pain, in addition to Q/sas or payment of financial
105
penalty, he /she is liable to be sentenced to 1 to 5 years in prison and
termination of government employment.
219. The provisions of these laws make it clear that torture id forbidden and
regarded as a punishable offence. If a government functionary or any other
person commits the act of torture, he/she is liable to be prosecuted as a result of
a complaint or by the Prosecutor. There are many examples of cases of this
nature that the culprits were prosecuted.
Violations by police and security officers in the Judicial Organization of the
Armed Forces are prosecuted and violations by govenimnent functionaries and
judges are heard by courts dedicated to govenimnent employees.
Violations by the Judiciary officers
The ruling number 705-84 of the Branch 2 of the Military Court of Khorasan
Razavi and conviction on the charge of extortion and abetting in the offence of
extortion (refer to attachment 50)
Ruling numnber 8 5/86 of the Appellate Branch of the Branch 2 of the Military
Court of Tehran on the charge of extortion by two military personnel
(attachmnent 50/10)
Ruling number 14/86 of the Branch 2 of the military Court of Tehran
concerning extortion and bribery charges by a number of unifonned personnel,
including one police officer, and their conviction. (refer to attachment 50/3)
Violations by Judges
220. The ruling number 33 concerning the change of ruling release on bail to
custody on remand by a judge without justifiable reason and the conviction of
the judge (attachmnent 51)
106
Ruling number 12 and 13 concerning the warrant of arrest for a suspect and
referring him to the police instead of prison, conviction of the judge.
(attachment 51/10)
Ruling number 66 concerning the notification of arrest order to the suspect and
sending him to an illegal detention center, (refer to attachment 51/2)
Ruling number 352 concerning he sending of a suspect to the detention center
of the Intelligence Ministry instead of prison and conviction of the judge
(attachment 51/4)
Ruling number 196 concerning referring a suspect to police station instead
sending himn to prison, and keeping the suspect in a state of uncertainty. (
attachment 51/4)
It is noteworthy that the following matters relating to the right of the suspect
and due process are explained in a number of articles, including articles 10 and
14:
The right to visit physician, lawyers, and members of the family of the arrested
person.
Torture as a punishment or solitary confinement.
Explaining the rights of arrested persons.
Registration of incarceration places and temnporary holding places.
Prohibition of keeping persons in illegal prisons.
Treatment of death row convicts
Prohibition of abuse by prison staff
Non-acceptability of forced confessions
Complaints against police and security forces.
The latter one is explained in other article, including in articles 10 and 14.
Article 8
107
221. The constitution of the Islamic Republic of Iran underlines the rejection of
all fonns of oppression and tyranny, and accordingly its article 2 while
emphasizing on the exalted dignity and value of human person, negates all
fonns of oppression, both the infliction of and the submission to it, and of
dominance, both its imposition and its acceptance, and insists on justice and
equity.
Also, in view of the possibility of abuse of soldiers by mnilitary officers, article
148 of the Constitution states that all fonns of personal use of soldiers as
servants, personal chauffeurs and the like are forbidden.
Concerning the prisoners, in addition to the explanations mnentioned below,
article 10 of the Covenant; you can also refer to the attachment 58/4.
The government of Iran has acceded to a number of conventions relating to
slavery.
Paris and Geneva international treaties concerning criminal treatment of women
and children on 14/10/13 10
The Supplementary Convention on Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery
221. Moreover, the Law on Combating Human Trafficking was adopted in
1380. Article 1 of this law relates to trafficking of humans from and to country
or illegal transit of persons from borders of Iran by force or coercion by threats
or deception or by abuse of power and position or taking advantage of the
situation of the person for the purpose of sex trade, using body parts, slavery
and mnarriage. The second part of article 1 relates to delivery transfer or
concealment or abetting in the concealment of aforesaid persons after crossing
of the border.
Article 2: The following actins are regarded as human trafficking:
Setting up or managing groups or gangs for the purposes sated in article 1.
B. trafficking, transporting or transferring, in authorized or unauthorized
fashion of person(s) in organized manner for prostitution or other purposes, as
stated in article 1, even with their consent.
108
Trafficking (crossing, entering or transiting), and unauthorized transporting of
persons for the purpose of sex trade, even with their consent.
Article 3: If the action of “human trafficking” is one of the examples mentioned
in the Islamic Penal Code”, the offender is punished according to the penal
provisions of the Code, otherwise is sentenced to prison sentence of 2 to 10
years and payment of pecuniary penalty equivalent to twice the revenue or the
value of assets derived from this act or the money or assets promised to be paid
by the victim of the offence or a third party.
Note 1. If he the victim op trafficking is less than 18 years of age and the
offence is not an example of “moharebeh or corrupt/on on earth “, the offender
shall be condemned to the mnaximnumn punishmnent stipulated in this article.
Note 2: a person who initiates the offence stated in this article, but the
consequences are realized without his/her volition, shall be sentenced from
6mnonths to 2 years in prison.
Note 3. The sentence of abetting in the offence of human trafficking shall be
sentenced to 2 to 5 years in prison according to the circumstances of the case,
and pecuniary penalty equivalent to the revenue or assets earend from
commission of the offence or the value of the assets that have been promised by
the victim of the offence or third party.
222. Article 4: whenever a functionary of the government or institutions,
companies, agencies and instrumentalities affiliated to the govenunent, anned
forces, public institutions and non-govenimnental organizations or Islamic
Revolution organs or generally an employee of the three branches of
government in any way is involved in the commission of the offence stated in
this article, ma addition to the punishmnents stipulated in this law, he/she shall
be dismissed from govenimnent service temporarily or permanently.
Article 5: if a private institutions or companies are established for the purpose
of comnmnitting this offence, even if established under fictitious namne, in addition
to the stipulated punishmnents, the license for the operation shall be annulled and
the company shall be closed by the order of a judicial authority.
Article 6: if human trafficking is accompanied by another offence, the
offender(s) shall be sentenced for the other offence as well, in addition to the
offence of human trafficking.
109
Article 7: An Iranian national who commits one of the offences stated in this
law outside of the Iranian territory, he/she shall be responsible by this law.
Article 8: all the vehicles and instruments that are intentionally or
unintentionally used in the commission of the offence of human trafficking
shall be seized by the government.
The above-mentioned law which comprises 8 article and three notes was
approved by the Islamic Consultative Assembly on Sunday, 27 Tir 1383. The
Guardian Council did not give its opinion on this law within the time frame
stipulated in article 94 of he Constitution.
A new bill has been drafted concerning the protection of children victims of
crime that focuses more on trafficking of children. (please refer to article 24)
Article 9
223. According to article 37 of the Constitution innocence is to be presumed,
and no one is to be held guilty of a charge unless his or her guilt has been
established by a competent court.
Moreover, article 32 of the Constitution states:
No one may be arrested except by the order and in accordance with the
procedure laid down by law. In case of arrest, charges with the reasons for
accusation must, without delay, be communicated and explained to the accused
in writing, and a provisional dossier must be forwarded to the competent
judicial authorities within a mnaximnumn of twenty-four hours so that the
preliminaries to the trial can be completed as swiftly as possible. The violation
of this article will be liable to punishmnent in accordance with the law.
This article makes it clear that arrest can only take place in accordance with
procedures laid down by law, and law enforcement officers cannot detain a
person more than 24 hours, except by an order from a competent court.
There are other articles in Criminal Procedures cod that ensure justice in
judicial proceedings. Article 29 states:
223. The suspect who is in detention shall appear in court accompanied by
officers. After fonnally commencing the hearing, the judge should first ask the
identity of the claimnant or comnplainant and then hear the claim or the
110
complaint. Afterward, he inquires about the identity of the suspect according to
article 129 of the Criminal Procedures Code and warns the suspect and other
persons present in the court not say anything that is contrary to the truth, rules
and etiquette of the court during the hearing. Next the court infonns the suspect
of the claim, he charges or the complaint against him/her, and then hearing
begins.
Article 127 of he same code does not allow the detention of the suspect for
more than 24 hours and may sentence the offender.
Article 575 of the Islamic Penal Code states:
224. If a judicial official or other competent officers of law detain or order the
arrest and prosecution of a person contrary to the rules of law, the offender shall
be dismissed from judiciary position and barred from government employment
for five years.
For example, the following are past precedence for such cases:
Conviction and suspension of an investigating judge in Fars Province on the
charge of ordering illegal detention and intentional assault and battery
(attachment 52/10)
Conviction of the Deputy Warden of Qizel Hesar Prison on the charge of
dealing an Afghan prisoner more than stipulated time (attachment 52/2)
Article 583 of aforesaid law stipulates:
Any officer or functionary of government or the armed forces that orders arrest
or detention of a person without an order from competent authority or incases
other than those laid down by law, or conceals him/her by force shall be
sentenced from one to three years in prison or pecuniary fine from 6 to 18
mnillion rials.
For better understanding, refer to the following cases:
Violations by law Enforcement Officers
111
225. Ruling number 2 53/88 of the Khuzestan Military Court concerning assault
and battery charges and abetting in the illegal arrest of an individual by two
military personnel is in attachment 52/3.
Ruling number 47 5/88 of the Branch 1 of the Military Court on charges against
two military personnel concerning illegal arrest and unauthorized use of
government property, unauthorized entry into a house, unauthorized possession
of weapons and extortion 9atacheintn 52/4).
Ruling number 381/87 of Branch 2 of the Military Court of Tehran concerning
illegal arrest and assault and battery charge (attachment 52/5)
Violations by Judges
228. Ruling number 249 concerning conviction of a judge in violating the rules
and unwarranted arrest of persons (refer to attachment 5 2/6)
Ruling number 23 concerning the change of order for bail to order for arrest by
a judge without any justification, and his conviction (attachmnent 52/7)
According to the criminal procedure code, indictment (official accusation of the
suspect) should take place without delay and charges read to the suspect and the
necessary information should be given to the suspect, and with respect to cases
that a person is on remand custody, trial should take place as soon as possible.
The provisions of the laws in Iran are compatible with article 9 of the Covenant
on Civil and Political Rights and article 34 of the Constitution states that every
citizen of the country has the right to seek justice through the courts.
Ruling 837 and 838 concerning the delay giving notice to the suspect about the
charges and refusing to issue bail are noteworthy (attachment 52/10)
Ruling number 318 concerning the delay in issuing the order to release after
the acquittal ruling (attachmnent 52/10)
Conceniing arrest of persons and delivering them to authorized authorities
article 123 states:
The suspect, fonn the time of serving the warrant of arrest to the time appearing
before the judge should be under protection and custody.
112
Note: Officers of the law are required to deliver the arrested suspect
immediately to the judicial authorities and can only arrest when there justifiable
fear that the suspect may flee or destroy the evidence. The suspect cannot be
detained more than 24 hours without the authorization of a judicial authority.
Violations by the enforcers of law and failure by the judge to report
227. Ruling number 3, 6, and 5 and 6 concerning juridical enforcers and failure
by the judge to report can be seen in attachment 53/1.
The judge cannot order the arrest or summon of persons. Article 1134 of the
Criminal Procedure Code sates:
The judge should not summon order the arrest of a person, except when there is
adequate reason for arrest or summon.
Refer to the ruling 147 and 148 concerning conviction of a judge ofr
disregarding regulations relating to the arrest of a suspect (attachment 53/2).
Ruling number 617 concerning violation of arrest without the sumnmnon and
placing improper bail. (attachmnent 53/3).
Prompt Trail
228. Concerning the obligations under article 9 paragraph 3 of the Covenant on
Civil and Political Rights, article 127 of the Crimninal Procedure Code state:
The judge is required to begin the hearing of charges against the suspect
immediately after appearance in the court and if not possible, within maximum
of 24 hours, otherwise the arrest is regarded unlawful and the offender is
punished according to the law.
Ruling number 901 and 902 concerning not informing tae arrested person of
charges against him/her, detention more than 24 hours, error by the judge are
other examples of investigation of violations by the judges.
Failure to inform the suspect of charges
113
229. Ruling number 12 concerning the failure to inform the arrested person of
the charges or the reason for he arrest and violation of rules of legal
proceedings (attachment 53/5)
Ruling number 116 concerning failure to inform the arrested person of charges
(attachment 5 3/6)
Ruling 127 concerning failure to question the suspects individually and
violation by the judge (attachment 5 3/7).
Maximum Time of Review of Criminal Cases
In General Criminal Courts
Broken Down by Type of Offence
Nc
Subject of the case
Maximum Review and Tmil Time
Unintentional homicide
3 months
Group Fight (brawl)
4.5 months
Embezzlement
4.5 months
Bribery
3.5 months
Forgery and using forged documents
6 months
Fraud
6 months
Use and sale of property of others
6 months
Breach of trust
4.5 months
Stealing and trade in stolen goods
3 months
Unlawful occupation, causing nuisance and obstruction of justice
3.5 months
Illegitimate sexual relations
2 months
Unintentional bodily assault
3 months
Vandalism
3.5 months
Issuing checks without sufficient fund
2.5 months
Drinking alcoholic beverages
1 month
Purchase, sale and possession of alcoholic beverages
1.5 months
Insulting and propagation of lies
2.5 months
Abduction
4.5 months
Usury
2.5 months
Pimping and setting up prostitution houses
3.5 months
Threatening with firearms and weapons
3 months
Disturbing public peace and order
3 months
Causing nuisance by telephone
2 months
Causing injury by knife
3.5 months
Use and unlawful possession of government properly
4 months
Breaking seals
2.5 months
Medical, medicine and food offences
3.5 months
Driving without license
15 days
Pick pocketing
3.5 months
False reporting
3 months
Hiring of illegal aliens
2 months
Violation of labour law
2 months
114
Illegal entry and residence of foreign nationals
2.5 months
Disobeying court order
3 months
Escaping from prison
3 months
Gambling
1 month
Panhandling
1 month
Loitering
1 month
Extortion
1.5 month
Cealment of evidence of crime and the criminal
2 months
Disciosum of examination questions
2 months
Throwing acid
4 months
Excavation and trade in stolen antiques
4 months
Cutting trees
2 months
Unlawful hunting
2 months
Change of land use
1 month
Forced entry
2.5 months
Unlawful grazing
2 montha
Unauthorized eavesdropping
3 months
Disturbing the economic system
3.5 months
Intimidation to force confession
2 months
Use of forged trade arms
2.5 month
Use of forged unofficial written document
3 months
Violation of foreign currency rules
3 months
Violation of safety regulations
3 months
Baying stolen goods
6 months
Loss of official documents
1 month
Waste of government property
3.5 months
Computer offences
5 months
Offences relating to Labour Law
3.5 months
Offences relating to environment
2 months
Destruction of historical and cultural assets
3 months
Unlawful antsts
20 days to 2 months
Photography of forbidden sites
1.5 months
Drilling unlawful wells
2 to 4 months
Unauthorized disassembling of vehicles
1.5 months
Refusal to return a child
1.5 months
Producing counterfeit domestic or foreign bills
3 months
Fraud and falsification in business
2 months
Installing and using forged license plates
1 month
Insulting people
1.5 months
Theft with hadd punishment
3.5 months
Theft with taazir punishment
3.5 months
Wrongful use of titles and positions
1 month
False testimony
2.5 months
Procuring and distributing fake coins
2.5 months
Destroying or obliterating seals
1.5 months
Possession and sale of satellite equipment
1 month
Abetting and assistance in an unintentional homicide
6 months
Refusal to fulfill a legal duty
1 to 3 months
Harbouring convicted persons or suspects
3 months
Offences by government officials and functionaries
4.5 months
Disobeying officers of law while carrying out their duties
2 months
Types of Pre-trial Release in Criminal Cases
115
223, There are five types of guarantees for pre-trail release that the court
demands according to the circumstances. Article 132 of the Criminal Procedure
Code state:
For the purpose of having access to the suspect and guaranteeing his appearance
before the court, and when necessary and to prevent fleeing of the suspect or
colluding with others, the judge is required to demand one of the following
guarantees:
- The requirement to appear by pledging and the word of honour
- Requirement to appear by depositing a guarantee fund until the end of trial
and enforcement of the ruling,
- Receiving secured bond
- Receiving a fonn of guarantee in the form of cash, bank guarantee or
movable or immovable property
- Custody on remand according to the rules laid down by this law.
224. Concerning what type of guarantee should the judge order to ensure
appearance before the court, article 132 of the Criminal Procedure Code state:
The type of guarantee depend on the seriousness of the crime and severity of the
probable sentence, reasons for he charges, the probability of escape by the suspect
and disappearance of the evidence, past criminal record of the suspect, health
condition, age and social standing of the suspect (please refer to the same
attachment 53)
Article 138 of the aforesaid law stipulates another reason for the arrest of
individuals:
A suspect for who is released on kefalat or on surety, if unable to introduce a kafil
(guarantor), he/she shall be detained by payment of the amount of bail.
Concerning the order of kefalat and the fact that such orders are appealable, article
147 of the Civil Procedure Code stipulates:
The suspect should be informed of the bail order, and if the order leads to the
detention of the suspect, the type of bail should be mentioned in the order for
detention. If he suspect is detained due to possibility of collusion with others, the
reason should be mentioned as well.
116
Note: If the pre-trial order is appealable, the suspect should be informed and the
matter recorded in the dossier. Needless to say, most of the times the suspects are
released on bail. For example, the number of prisoners who are released on kefalat
or other forms of pre-trial release are in the following table. The number of
prisoners released from 1370 to 1373 clearly show that there has been substantial
increase compared to the two years prior to that. The acquittal verdicts have also
increased in from 1371 to 1373, compared to 1370.
Year
Release of prisoner
Pardon
acquittal
Stop
prosecution
By
surety
By
kefalat
Total
1370
9912
7244
15406
31478
68587
132629
1371
5293
10567
22648
52597
101087
192192
1372
20463
11587
22371
61252
100744
216417
1373
19374
11077
16806
61167
104230
212654
Conceniing prohibition of forcing the suspect to answer questions, article 197 of
the Criminal Procedure Code state:
The court shall ask questions from the suspect, witnesses and infonned persons to
remove and make clear ambiguities, in case the suspect does not wish to answer,
the court shall continue its hearing and review of the case without forcing the
suspect to answer.
Concerning the stages of hearing the charge against a suspect, Article 193 of the
aforesaid law stipulates:
- Hearing the statements by the claimant and the respondent or heir lawyers,
witnesses, expert witnesses that have been introduced by the claimant or
respondent.
- Questioning of he suspect whether he/she accepts the charge or not. The
answer by the suspect is recorded in the transcript of the court.
117
- Hearing the statements by the defendant, witnesses and experts that have
been introduced to the court by the defendant or his/her lawyer.
- Examining the tools and instruments used in the crime and hearing the
statements and submnissions of the lawyer.
- Examining the new evidenced and arguments submitted by the defendant or
his/her lawyer.
225. The court is required to reflect in the transcript of the hearing all the
submissions and arguments of the two parties and statements of one party that are
used by the other party. Furthennore the court should also record the statement s
by the witnesses and experts. After the completion of the pleadings, submissions
and rebuttals by the two sides, the court allows the defendant (suspect) or his/her
legal counsel to present the last defense argumnents and then closes the hearing.
Furthennore, Article 194 of the Criminal Procedure Code requires the judge in the
matter relating to the suspect confessing or not confessing as follows:
226. Whenever, the suspect admits commission of an offence and his/her
admission leaves no doubt and the circumstantial evidence also confinn the
admnissions, the court issues a verdict, but in case of the silence of the suspect and
denial or if there is doubt concenling the admissions or admissions contradict
evidence, then the court begins questioning and examnining the witnesses and the
suspect and the evidence.
Article 213 of the aforesaid law requires the judge to release the suspect
immediately when the ruling on his/her acquittal has been issued.
227. The Head of the Judiciary in Directive 1/77/1054 of 9/2/1377 refers to the
problem arising in the examination and hearing some of he cases. As the result of
negligence in setting the date for hearing and correspondence of hearing date with
public holidays and the rescheduling of the hearing, the Directive stipulates:
Matter of this nature naturally cause waste of the time of the parties and distrust for
the Judiciary and may delay justice, therefore, for the purpose of preventing
negative consequences arising from resumption of hearings, the offices of the
courts are required to pay more attention to scheduling of hearings by checking the
calendar dates, the judges and he prosecutors should also coordinate with their
judicial districts in using their holidays and vacation time and if possible appoint
an alternate during their time off from work.
118
Article 10
228. In 178 there were more than 180,000 prisoners in Iran and this number goes
up by 20% every year. Because of crowding and congestion, there is on the
average 42 square centimeters of space in prisons. After the passage of 8 years
from the begimming of the judicial development plan and the policy of applying
alternative sentencing instead of prison, prison population has declined by 30%. As
the result of better organization of prison leave system for prisoners relating to less
dangerous crimes, and not involved in security and organized crimes, anned
robberies, narcotic trafficking, more than half of the prisoners go on leave
alternately.
47% of prisoners have convictions relating to drugs, 19.36% theft, 3.92% are
women, 1 .2 % children between 15 to 18.
Optimization and Education of Human Resources
229. In order to improve the educational level of prison staff, a comprehensive plan
has been designed to offer on-the-job training to raise the professional skills and
educational level. In this connection, a school complex has been built or the
personnel with no secondary level education. A memorandum of Understanding
has been signed with the Applied Sciences University and ten teaching units have
been established in the capital of provinces. These schools have increases the skill-
training of the personnel from 10% to 30%.
Improving the Health of Administrative System
230. With the establishmnent of the Committee on Admninistrative Health and
drafting a comnprehensive plan to combat corruption, in line with the mnain mnission
of the Prison Organization, 7 main axes and 27 indicators that were in the major
corruption channels were identified in order to deal with and a have better
supervision over the workplace. The plan has succeeded to reduce administrative
violations in the Prison Organization.
Some of the Activities of Prison Organization
Programmes and Activities concerning Statistics and Informatics
23 1. In keeping with the advance in infonnation comnmnunications technology, the
Prison Organization over the past years has designed a comprehensive inforinatics
plan and accorded high priority to analysis of statistics and infonnation. The Prison
119
Organization has achieved the following objectives:
- Equipping all prisons of the country with high-speed MPLS lines,
- Designing and launching comprehensive infonnation system the increase the
accuracy of infonnation and data of the provinces 86% in 1379 to 99.3
percent in 1387.
- Launching of administrative automation system that leads to more orderly
circulation of communications and expedite answering queries by the people
and as a result saving in time, paper and increase the satisfaction of people.
- Installation and launching of portal system,
- Launching of mechanized system of visitations,
- Launching of Data Center
- Video conferencing system between the Prison Organization, affiliated
departmnents, and judicial authorities,
- Installation and launching of IP telephony at the Administration Building of
the Prisoners Organization connecting to General Departments of Prisons in
the provinces,
- Designing and implementing the mechanized system of e-prison.
Transfer of dilapidated prison outside of urban Ares and building new prisons
232. The Council on Harm Reduction in prisons started its operation first as a
campaign against drug abuse in prisons in 1386, and then after reorganizing began
its activities in other areas. It is active in all prisons, and despite its short life, it has
succeeded in producing good results.
The council for payment of Deyeh (financial penalties)
233. This is a grass-root organization helping the prisoners in matters relating to
payment of deyeh. It is a charitable organization paying or helping in the payment
of financial penalties to secure the release of prisoners who are not able to pay
Deyeh, the financial penalty sentenced by judge in respect of bodily injuries,
deaths resulting from traffic accidents.
International Successes of the Prison Organization
234. Declaration Triangular Prison Project of Kennanshah as the best prison by the
East Mediterranean Office of the World Health Organization,
120
Confinnation of health and treatment activities of the Prison Organization by the
international observers and receiving quality certificate of ISO for prisons in
Kerinan and Rajaie Shahr.
Receiving certificate for putting in place the quality system of ISO 90012-2000,
Visits by more than 80 human rights groups to prisons of the country,
Receiving the second rank award for the best government agency to put into
operation the system of meritocracy,
Receiving intentional award for management of prisoners and paving the way for
social reintegration,
Receiving AA ranking among the research centers affiliated to the government,
Receiving international award in management of prison health,
Positive interactions with international agencies and organizations, including
United Nations Office on Drug and Crime, World Health Organization, NODC,
and UNDP.
Selection of Prison Organization as one the 20 drug rehabilitation and treatment
center among many center in the world by the Office of the United Nations on
Drug and Crime in Vienna.
Participation in drafting country strategic programme for phase 1 and 2 of AIDS
control and treatment.
Presence of the wrestling team of Tarbiat Club in the international tournaments for
Galisai Cup in Spain on behalf of the Islamic Republic of Iran and wimming the
second championship cup.
Sending a boxing team to Trabzon, Turkey.
Implementation of a plan on drug abuse in prisons of Ian with the support of the
United Nations Office on Drug and Crime that produced valuable results which
were reflected in the country report and helped the planning efforts of the
Organization.
121
Signing a memorandum of understanding with UNICEF and UNODC on joint
research.
6. Reduction of prison sentencing for targeted reduction of prison population
235. With the implementation of paragraph 14, adopted by the Expediency
Council and article 130 of Law on Fourth Five-Year Development Plan concerning
using alternatives to prison sentencing, the Policy and Plamming Council for the
reduction of prison population was established in the Prison Organization. The
number of entrants to the prisons in the year 1385 was 616,000, which declined to
432,000 in 1387. If the five percent growth rate of prison population had
continued, it would have reached 240,000, and per capita space would have
declined to 2.5 square meters, but with the measures that have been taken, the
prison population has come down and per capita space for prisoners has increased
from 6.5 square meters in 1378 to 9 square meters in 1387.
7- Objective goals of the strategy to raise efficiency and efficacy of prison
services, during Third Judicial Development Plan — 1389 to 1393
reduction of prevalence of AIDS
Percentage of AIDS patients in inspected locations
1.85
1%
Education of mortality of
prisoners
Mortality in every 1000 prisoners
6
4
Objective goal: more active
triangular clinics
Aims of triangular clinics in center with more than
300 persons
Benchmark
number
77
Target
number
110
1388
1393
Increasing Quran, religious
classes
Percentage of prisoners under coverage
40%
70%
Increasing classes for literacy
Percentage of passing grades fro illiterate prisoners
and_those_with_low_literacy
50%
85%
Expanding athletic programmes.
early_morning_exercises
Percentage of prisoners covered
50%
80%
Gnrnastics training
Percentage of prisoners covered by advanced
training
1 5 %A
40%
Techiiical and vocational training
Percentage of inmates covered
45%
85%
Higher education
Percentage of prisoners covered
15%
40%
Classic Education
Percentage of prisoners covered
15%
40%
Increasing employment
Percentage of prisoners covered
30%
60%
HEALTH AND MECHANIZED
WASHIGN SYSTEMS OFR
BALNKETS
PERCENTAGE OF CENTER WITH OVER 500
PRIOSNERS EQIPPED WITH MECHANIZED
WASHING MACHINES for BLANKETS AND
CLOTHING
70%
100%
Improvement of nutrition
Percentage of prisoners able to meet their
nutritional_needs
60%
90%
122
Expansion of drug treatment
Number of addicts seeking help
30,000
40,000
Improvement of health
Percentage of prisoners benefiting from improved
60%
95%
conditions and methods of
garbage collection and disposal
gathage_collection_and_disposal
Improved public health, disease
Percentage of units with health care units in centers
55%
100%
control at tile time of entry
with more than 300 prisoners
Improvement of hygiene and
Percentage of prison with urban water
74%
85%
percentage of prisoners
connected_to_urban_water_system
Comparison of quality indicators of the Prison Organization during third and
fourth development plans (1378 to 1387)
No.
Indicators
Reference
year
Target
year
1
Reduction of return of prisoners
37%
19%
2
Increase per capita physical space in square meter
6.65
10
3
Increase in employment of prisoners
7%
30%
4
Increase in the number of prisoners attending job training course
6,000
56,000
5
Increase in the number of prisoners participating in cultural activities
30%
83%
6
Increase in number of needy prisoners families covered by the Society of
Protection of prisoners
3000
14000
7
Increase in literacy level of eligible prisoners
40%
95%A
8
Increase in counseling services on mental health (persons covered)
400
18,000
9
Number of prisoners covered by employment loans (managed funds)
0
12.000
10
Th ratio of prisoner population to the prison personnel
47
10
11
Increase in the ratio of specialist personnel to the total prison employees
10%
36%
12
Reduction of number of prisoners to total population of the province for every
100,000
241
226
13
Increase in per capita financial allocation for the improvement of the prison
conditions (rials)
9,402
43,000
Observing rights of citizens in prisons
236. With the drafting, approval and promulgation of the directive on the
establishment of citizens' rights units in prisons (note 4 to article 44 of the
Implementing Regulations of the Prison Organization) and the launching of these
units in prisons, most General Departments of Prisons have taken the following
measures:
- Preparation of a brochure on citizens rights of the prisoners and placement
of the instructions on citizens' rights in the office of the warden of the prison
and the office for the enforcement of court rulings.
- Preparing educational software and brochure on teaching rights and duties of
prisoners,
- Giving health packages to the new entrants to prisons.
123
- Establishing telephone contact line during certain hours of he day for
answering]g questions of prisoners and their families.
- Using experienced teachers who are familiar with the rules of law in classes
for legal counseling on a weekly basis inside the prisons.
- Distribution of local newspapers with high circulation inside prisoners and
installation of television in every room and earphone radios for every bed in
some prisons
- Supervision over monthly payment of wages to employed prisoners.
- Regular and customary inspection by the Citizens Rights Units of penal
institutions
- Holding training classes to teach personnel about citizens rights,
- Holding question and answer sessions between seekers of help and the
wardens of prison,
- Installation of complaint and suggestion boxes mentioned in the
Implementing Regulations of the Organization in order to reflect he
problems and demands of the prisoners to the management,
- Organizing waiting and visiting rooms for the meeting between prisoners
and their families,
- Setting up special rooms for the meeting between the lawyers and their
clients in the prison at the prisons in the capitals of provinces in order to
allow the lawyers s to pursue the cases their clients,
- Facilitating transfer of prisoners requesting transfer to the place of residence
of their families to make it easier for prisoners to receive financial support,
- Selection and introduction f 250 experienced personnel of the Organization
to serve and legal assistants to the prisoners.
Reform of laws relating to prisons
237. In order to have a rule-based, orderly and systemic administration of
prisons and detention centers and other penal institutions, and observing the
human dignity and rights of prisoners, prisoners cooperate with the Society for
the Protection of Prisoners and a numnber of other institutions to amnend statutes
and regulations. A draft on rules and laws required for the purpose of better
administration has been drafted. A number of recommendations have already
been approved and some were rejected, it is noteworthy that some of the
proposals are being studied by the experts that will be explained in two separate
parts.
238. Part 1: laws and rules that have been approved
124
- Implementing Regulations for Temporary Detention Centers, 30/8/1385
- Implementing Regulations for Security Detentions, approved on 30/8/1385
- Implementing Regulations on Dividing and Classifying Prisoners, approved
9/9/1385.
- Instructions on establishment of Citizens Rights Units, approved 5/9/1385
- Amending Implementing Regulations on acceptance and review of
recommendations,
- Implementing Regulations on Transfer of prisoners outside of urban areas
Part 2: Laws and rules pending review for adoption
- The bill on social punitive measures,
- The bill on clearing past records of refonned prisoners
- Amending he Imnplemnenting Regulations on Correctional Institute.
Temporary Detention Centers
239. Plans are being considered for building of temnporary detention centers in the
capital of 30 provinces and 17 other large cities.
Setting an standard of 8 square meters per capita as the space required for each
prisoners and having it approved by the Planning and Management Organization.
Consultation with Planning and management Organization and receiving a budget
line for building and commissioning 47 temnporary detentions centers.
As the result of efforts and perseverance of administrative ainangers in the
provinces, her are at present 19 temnporary detention centers that have achieved the
following:
Reducing the prison populating: after the comnmnissioning of these centers with the
capacity for holding 6,350 prisoners, there has been a reduction of prison
population by more than 180,000 every year.
Protecting humnan dignity and social status of persons: The time spent in these
temnporary detention centers would not counted as part of criminal record.
The adverse consequences of prison sentence for suspects with less than 30 days of
incarceration are reduced.
125
Supervision over the judicial situation of the suspects and taking action to expedite
their release.
Prison Police
240. In 1382, a Guards Unit began its activity as a policing organization in the
Prison organization. Although we need more time to reach the desired level,
effective actions have been taken after the establishment of this unit.
Establishment of rapid deployment forces in the prisons: This unit has been
established to react quickly to any kind of rioting, mutiny and disorderly conduct
in prison.
Conducting unannounced rotational inspections of prisons: The Guards Unit
conducts various types of inspection n rotational and unannounced basis that
usually lead to discovering hand-made dangerous items.
Dispatching prisoner: Prisoners are not always kept in closed environments, he
guard unit transfer themn to courts, hospital and other locations.
Continuous control of entries and exits: preventing entry of banned and dangerous
items into the prisons, identification and inspection of persons entering the prisons,
controlling the exit of govenimnent property and assets and documents.
Training of the conscripts: the Prison Organization receives 15,000 conscripts
annually, ordinary soldiers and those with secondary education diplomas. They are
given the necessary training relating to prison protection. They are used in the
outer layers of the prison for reception and release of prisoners.
Sustained Supervision
241. The Prison Organization received the recognition of excellence in rest for
people and for consent of our clientele in the year 1386.
The Organization received the second rank award in putting in place the system of
merits amnong affiliated organizations and institutions.
126
The Organization received the ninth rank recognition for its perfonnance in special
and general indicators of perfonnance among the organization and institutions
affiliated to the Ministries.
Cutting duration time for the regular inspections of the General Prison
Departments of the country.
Large-scale and synchronized inspections and evaluations of the General Prison
Departments of the country for the first time and comparative assessment of their
performance on the basis of indicators and priorities of the Prison organization.
Reducing the review and reply time of complaints of prisoners, their families, and
other legal and real persons to the extent that the average time was cut from three
months to 15 days.
Type of
inspection
Number of inspection annually
Percentage of
increase in 1385
compared to 1381
No.
1383
1384
1385
1386
1387
1
Rotational
862
1156
1261
1592
1445
68
2
Special case
1018
1262
1423
1809
4167
309
3
Without notice
1957
2158
2441
2971
4255
117
4
Night
inspection
470
810
1052
1838
1432
205
Continuous improvement of systems and methods, the quality of services and
answering complaints.
Actual application of the results of perfonnance evaluation, inspection and
answering complaints.
Increasing the accuracy of examination of complaints
Increasing accuracy of inspection and evaluation of perfonnance.
127
Humane treatment in prisons
242. In line with the implementation of article 39 of the constitution of the
Islamic Republic of Iran, and article 44 of the Implementing Regulations of
the State Organization for Prisons, Security, and Correctional Measures
relating to the promotion of the foundations and principles of the rights of
citizenship in pri sons, detention centers, and institutions under the
oversight of the organization, as well as the observation of human and
Islamic rights of prisoners, the Office for the Protection of the Rights of
Citizens with respect to Prisoners was established under the direct
supervision of the Prisons Organization. In accordance with paragraph B of
the related guidelines, any physical or psychological mistreatment, or
denigration of prisoners is forbidden. In addition, given that prisoners,
fearful of retribution by prison officials, may refrain from presenting
reports of violations of citizenship rights bearing their names and
signatures, and given that in other laws it is mainly stated that reports not
bearing a name will not be investigated, in article 7 of the above guidelines
it is stated that lack of a signature will not prevent any report from being
covertly investigated by the units for the protection of rights of citizens.
243. In addition to several paragraphs of the Single Article Law on respect for
legitimate freedoms and protection of citizenship rights, dated May 9,
2004, and the Implementing Regulation on social services of the State
Organization for Prisons, Security, and Correctional Measures, which
underscores respect for human dignity, as was indicated previously, article
39 of the Implementing Regulation on the State Organization for Prisons,
Security, and Correctional Measures states: “The officials of rehabilitation
facilities are obligated to align all measures, activities, programs, and
material and moral facilities at their disposal toward the rehabilitation and
reaccliination of inmates, such that the outcome of their measures will be a
reduction in the mnonthly and annual rate of recidivism and an increase in
the release of inmates.”
244. In regard to the humnan dignity of individuals, the chief of the judiciary,
while acknowledging certain shortcomnings on the part of judges in this
commection, issued circular No. 1/79/10618, dated October 13, 2000, which
states: “Judges, in the course of discharging their grave responsibilities,
128
must be cognizant of the fact that their appropriate, lawful, and astute
actions can leave a positive impact on the clients and arouse their respect
toward the lofty institution ofjustice and the hardworking staff of judicial
institutions, and, ultimately, result in the admonition, correction, and
purification of the guilty. Thus, my expectation from honorable judges is to
seriously avoid taking sides or confrontation with the accused persons,
setting inappropriate bails, unjustified arrests, sentences of solitary
confinement, prevention of the prisoner's access to counsel or other
individuals pennitted by law, summoning over the telephone or arrest of
individuals without the knowledge of their family, creation of expectations
in or asking favors from clients, or contacts outside of the work
environmnent. They mnust also refrain from any action that is in
contravention of the ethics and rites of judicial conduct and professional
dignity, or one that undennines the judicial system and is a violation of the
law. At all times, by considering the personal rights of individuals, and
imnpartial adjudication of comnplaints and claims, they mnust gain the
public's trust regarding a judicial process informed by fairness and absence
of any personal feelings, and lay the ground for increasing respect and
elevation of the judiciary.”
Protection of the right to respectful and humane treatment
245. In addition to the establishmnent, in the organization, of the Office for the
Protection of Citizenship Rights, the Office for Perfonnance Evaluation,
Inspection, and Response to Comnplaints is tasked with dealing with cases
of injustice against inmates. Based on the case and after sufficient
investigation, in case a report is validated and the subject of the complaint
is a crime, the issue is reported to judicial authorities, and in case the
violation is established, it will be reported to the committees for the
investigation of administrative violations of govenimnent employees. In any
event, this in no way precludes the inmnate's option to file a comnplaint with
judicial authorities, as explicitly stipulated in articles 34 and 159 of the
constitution.
129
Supervision over the behavior of prison officials
246. Though, the appointment of those in charge of prisons and detention
centers is done with a view to their personal characteristics, conditions, and
comnpetencies, none the less, the organization, through the offices of
Perfonnance Evaluation, Inspection, and Response to Complaints; Security
and Infonnation; and Protection of Citizenship Rights; and by making use
of all available facilities and staff; enforces supervision over the
perfonnance of prison and detention center officials. This has recently been
augmented through the installation of closed circuit cameras, some of
which are linked to the headquarters, as a means of more accurate
supervision.
Holding of prisoners
247. All prisons, detention centers, and penal institutions under the supervision
of the Prisons Organization are considered as public places and are clearly
identified and their addresses are known to the public. All courts and
judicial institutions throughout the country are obligated to refer the
accused and convicted persons to these centers under the supervision of the
Prisons Organization using an official letter of introduction.
248. In addition, in accordance with article 48 of the Implementing Regulation
of the Prisons Organization, the acceptance of the accused or convicted
persons by the centers affiliated with the organization is contingent upon
the issuance of an official note signed and sealed by the judicial authority
who has issued the warrant or sentence and containing the full particulars
of the accused or convicted persons.
Registration of names
249. In accordance with article 49 of the Implementing Regulation of the
Prisons Organization, every convicted person upon arrival at the reception
must be fingerprinted and photographed. All correspondence, in addition to
containing the convict's numnber as indicated in general ledgers and those
for the registration of warrants and sentences, shall contain the numnber of
the photograph. Also, all quarantine units at prisons and detention centers
are equipped with public phones so that prisoners can infonn their families
130
as soon as possible regarding their presence in the prison or detention
center. In case the prisoner's family members come to the prison or
detention center, they will be provided with all required information.
Segregation
250. In light of the importance of the matter of segregating and classifying
prisoners, a special Implementing Regulation, titled the Imnplemnenting
Regulation on the Method of Segregation and Classification of Prisoners,
was approved by the honorable chief of the judiciary, on May 21, 2006, in
accordance which prisoners are segregated based on sex, age, type of
crime, legal status, and health condition. In light of the sensitivity of this
matter, the issue has been placed on top of the agenda of the Prisons
Organization. The regulation, given the available facilities and physical
space, has been implemented in the majority of prisons in the country.
251. Also, in regard to the segregation of the accused from the convicted
persons, article 4 of the Implementing Regulation of the State Organization
for Prisons, Security, and Correctional Measures, approved in 2005, states:
a. “The detention center is a place for the holding of the accused persons
who are referred there through the written order of a judicial authority
until the issuance of a final verdict.”
b. Note 1 — Until such time that the detention centers referred to in the
regulation are constructed, based on the classification within prisons,
a separate section shall be devoted to the holding of the accused
persons.
c. Note 2 — After the implementation of the plan for the regional
organization of the country's prisons, that will be determined and
notified by the organization, those convicted of short-term sentences
of up to 6 mnonths may be held in detention centers.”
252. The Prisons Organization has announced that these requirements are met
with a view to the conditions of convicts and as mnuch as possible.
Rehabilitation
131
253. In today's world, training and skill acquisition and, in turn, employment,
play a key role in the development of every country. As a result,
correctional policies have placed heavy emphasis on the issue of vocational
training and employment of prisoners as an important element in their
rehabilitation. Work therapy, as a cultural and educational instrument,
plays a prominent role in the rebuilding of the characters of prisoners and
their acceptance by the society. It bolsters their confidence in returning to
the social fold and establishing a respectable life after their release from
prison.
254. Therefore, in recent years, the organization, with a view to fonnulating
appropriate strategies for creating employment for prisoners through
vocational training, has established the Planning Office for Employment
and Vocational Training, within the Policy Making Departmnent. Through
these strategies, vocational training and emnploymnent have continuously
increased in prisons.
255. Implemented measures:
• Establishmnent of Entrepreneurship and Emnploymnent Councils in prisons.
• Establishment of the Council for Promotion of Technical and Vocational
Training.
• Allocation of required funding for training in 2006, for the first time.
• Ongoing negotiations to conclude a cooperation agreement with the
Cultural Heritage, Handicrafts, and Tourism Organization.
• Conclusion of an agreement with the Technical and Vocational
Education Organization, and a cooperation agreement with the ministry
of labor and social affairs.
• Provision of banking facilities for the establishmnent of quick-profit-
mnaking small businesses, with 100 mnillion rials per emnploymnent
opportunity and interests rates lower than the banking system, based on a
point schemne.
• Securing of 1,100 mnillion rials of credit facilities from the Presidential
Office Center for Woman and Family Affairs, based on a mutual
agreement.
132
• Securing of 900 million rials of credit facilities, for young people
between the ages of 14 and 19, from the National Youth Organization,
based on a mutual agreement.
• Cooperation with the National Forests and Pastures Organization,
regarding sand stabilization and deforestation programs.
• Communication and cooperation with industrial companies and the
private sector with a view to the promotion of employment, prisoner
training, and entrepreneurship.
• Receiving of 70 and 20 car engines from SAIPA and Iran Khodro
automotive companies, respectively, to be used in training shops.
• Cooperation and coordination in organizing a prisoner handicraft
exhibition at Tabriz International Exhibition, and several other seasonal
provincial exhibitions.
Assistance
256. Support and assistance programs in prisons and security centers have a
long history, and have continued to expand over the years. Changes
implemented in the areas of equipment, facilities, and human resources, on
the one hand, and policy making, plamming and imnplemnentation, and
supervision, on the other hand, have contributed to the promotion of
assistance and social services in state prisons in a novel and scientific
mnanner and in line with the latest mnethods. The principal aim of this
assistance policy is the individual and social einpowennent of prisoners.
Other objectives include the following:
• Mitigation of the impact and consequences of imprisonment
• Satisfaction of plaintiffs, the next of kin of the murdered, etc., and
increase in the number of releases
• Prevention of recidivism
• Protection of the victims of crime
• Preparation of ground for the acceptance of newly released prisoners by
the society
• Reduction in the number of repeated returns to prison
• Promotion of public participation in the affairs of the newly released
prisoners and their families
133
• Creation of employment for the newly released prisoners and their
families
The list of prisoner assistance programs and measures is provided in the
main Appendix 42.
Mistreatment
257. Article 38 of the constitution of the Islamic Republic of Iran states: “All
forms of torture for the purpose of extracting confession or acquiring
infonnation are forbidden. Compulsion of individuals to testify, confess, or
take an oath is not pennissible; and any testimony, confession, or oath
obtained under duress is devoid of value and credence.” Violators are
subject to prosecution by law.
258. In should be noted that, given that the accused or convicted persons,
following the stages of investigation, are granted bail or issued a verdict
and sent to prison, the subject of interrogation of prisoners or their torture,
in order to extract confession, in prisons or any other correctional facilities
affiliated with the Prisons Organization is devoid of any relevance.
259. In accordance with article 169 of the Implementing Regulation of the
organization, the use of any harsh treatment, insult, profanity, or corporal
punishmnent against the accused and convicted persons, or the imposition of
harsh, arduous, or derogatory punishmnent in institutions and prisons is
prohibited. Also, as indicated previously, solitary cells are single-person
units in prisons, wherein a prisoner who has committed a violation may be
held up to a maximum period of 20 days as a disciplinary measure upon
the approval of the prison's disciplinary council.
260. In addition, in accordance with note 1 of article 235 of the aforementioned
Imnplemnenting Regulation, “the use of handcuffs in the above instances
(transfer, transportation, or seeing off of the prisoner) on the accused and
convicted persons is prohibited, except as deemed necessary by the prison
warden and in cases of crimes that are determined by the guidelines issued
by the organization.” Paragraph 6 of the Single Article Law on respect for
134
legitimate freedoms and protection of citizenship rights, in line with the
implementation of article 123 of the constitution of the Islamic Republic of
Iran, dated May 9, 2004, underlines the same subject.
261 . Also, the chief of the judiciary, through the issuance of a circular,
prohibited any use of torture or insult against those brought before a court,
and considered their perpetrators worthy of dismissal and punishment. The
circular states: “According to the constitution, the use of any torture or
insult or defamation of those who, in accordance with law, have been
arrested, detained, imprisoned, or exiled is prohibited and punishable by
law.” In this connection, the general penal code, indicates such judges to be
worthy of dismissal and harsh punishment.
Solitary confinement
262. In light of the amnendmnent to the Imnplemnenting Regulation of the
organization, approved in 2001, and the elimination of solitary cells in the
newly approved regulation, solitary confinement has been eliminated as a
form of disciplinary punishment, and in accordance with paragraph 4 of
article 175 of the regulation, holding of a prisoner in a single-person cell
up to a maximum period of 20 days upon the approval of the overseeing
judge of the prison (the prosecutor's representative) is a type of
disciplinary punishmnent that is envisioned for special circumnstances as a
method of punishment and prevention of the repeating of certain prison
violations.
Visitations
263. The topic of visitations is extensively covered in chapter 1 of section 3 of
the Imnplemnenting Regulation, articles 180 — 197, which include the
following categories:
• Cabin visitations
• Face-to-face visitations, including meetings with family members,
judicial authorities, lawyers, and consular mneetings of foreign nationals
• Shar , visitations, i.e. private visitation with spouses
Culture and education of prisoners
135
264. In accordance with article 151 of the Implementing Regulation of the State
Organization for Prisons, Security, and Correctional Measures, dated
December 11, 2005, “Every prison, whenever possible, is to provide sports
and physical exercise equipment and facilities for individual and group
sports, such as a cadre of sports trainers, indoor arenas, outdoor courts, and
other necessary facilities.”
265. Also, in regard to educational, cultural, and training activities, article 136
of the Implementing Regulation states:
“In order to educate and increase the level of knowledge of inmates and to
prevent their time from being wasted, as well as to strengthen their will and
develop their thought and potential talents, in all institutions and prisons,
technical, vocational, and religious education are to be provided, under the
supervision of the related sections in the prison, by related ministries,
educational and scientific, and technical and vocational institutions, that are
governmental or affiliated with the government, charitable organizations, or
the Literacy Movement.
266.Article 137 states:
“Convicts, during the course of their stay in prison, with a view to the length
of their sentence and the quality and type of available scientific, religious,
technical, and vocational programs in prisons, shall be engaged in
continuing their scientific, religious, and vocational education.”
267.Article 138 states:
“Teaching in scientific, technical, and vocational prison schools is to be
provided in collaboration with mninistries, and scientific, technical, and
vocational organizations and institutions, and by professional trainers, in
accordance with programs drawn up by related sections in prisons.”
268. In regard to study and research activities, article 138 of the Implementing
Regulation states:
“The convicted person, with the approval of the prison warden, and as
individual and extracurricular activity, in addition to regular educational
programs, may individually conduct university, technical, vocational, and
research studies in prison, and may procure the required supplies, within the
intenial regulations of vocational and employment centers and prisons,
through personal funds and, whenever possible, through governmnent funds,
via the prison personnel in charge of educational programs.”
136
269. In regard to the establishment of libraries in prisons, article 144 of the
aforementioned regulation states:
“All institutions and prisons, through the cooperation of ministries,
organizations, and bodies, are to establish well-equipped libraries with a
view to the number of inmates, and to provide scientific, religious, ethical,
and technical books to prisoners, within their needs. The convicted persons
may study in the library, within allotted times, and borrow books with the
permission of the librarian, and return themn in clean and intact condition.”
270.Also, article 146 of the regulation allows the use of legal magazines and
newspapers within prison.
271. Article 147 of the same regulation states:
“Audio and video educational aids for the use of prisoners are to be procured
through the support and cooperation of related institutions.”
Minorities
272. In regard to the performance of religious rites of non-Muslims, article 148
of the aforementioned regulation states:
“At the time of admission of the convicted person, his official religion is
noted on the questionnaire, and with a view to strengthening and
consolidating the religious foundations of the convicted persons and the
performance of the religious customs and rites, prison officials, through the
support of the ministry of culture and Islamic guidance, are to provide the
necessary facilities, within the prison, for the performance of their religious
obligations.”
273. Article 149 of the Imnplemnenting Regulation of the Prisons Organization
states:
“Any convicted person adhering to one of the official religions of the
country may keep a copy of his scripture, prayer book, prayer carpet, and
prayer mohr, in order to perform the obligations of his religion.”
274. In the same connection, article 150 states:
“Any convicted person adhering to one of the official religions of the
country, in case of necessity, may place a request, to be approved by the
prison warden, to have the representative of his religion to come to the
institution or prison in order to provide guidance on the perfonnance of rites
and religious issues.”
137
275. In regard to prisoners' sports and health, articles 151 — 153 state:
a. “Every prison, whenever possible, is to provide sports and physical
exercise equipment and facilities for individual and group sports, such
as a cadre of sports trainers, indoor arenas, outdoor courts, and other
necessary facilities.”
b. With a view to the health of the body and soul of prisoners,
perfonnance of morning exercises in prisons is mandatory for
prisoners capable of perfonning the exercises. Based on programs
drawn up for them, they must perfonn a minimum of 30 minutes of
outdoor exercise per day.”
276.In regard to prisoners' leisure time, article 155 of the aforementioned
regulation states:
“The screening of educational and ethical films under the supervision of the
office of rehabilitation of the institution or prison, with support and
cooperation fonn related bureaus and organizations, and in accordance with
the previous article, is permissible.”
277.Article 156 states:
“The convicted persons, in their leisure time and in an orderly manner and
within the allotted program, may use radio and television programs.”
278. Article 159 of the Implementing Regulation of the Prisons Organization
refers to other prisoner rights:
“The convicted persons may receive news of the country through the media
available within the prison, such as radio and television, and at least one
widely circulated newspaper.
Post
279.In regard to postal parcels, article 198 of the same regulation states:
“The accused or convicted person who is not prohibited visitations, may
mail a maximum of two letters per week, addressed to spouse, children,
parents, official counsel, other family and friends, or judicial authorities, and
a maximum of one letter per month to state officials; which are written
within the bounds of the shariah and law. The prisoner shall place his
signature and fingerprint on the letter in the presence of the prison official in
charge of correspondence and the latter must certify and seal the letter.”
138
Prisoners' employment
280. In accordance with article 123 of the Implementing Regulation of the State
Organization for Prisons, Security, and Correctional Measures, dated
December 11, 2005, “the organization, in order to promote rehabilitation
programs, reduce the harms and shortcomings of the prison system, assist
in resolving the material and moral problems of the convicted persons and
their families and achieving self-sufficiency, shall allocate sufficient funds
for vocational training and employment of the convicted persons, from the
income of the Cooperative and Vocational Education Fund, public
donations, charitable organizations, or income from the industrial,
agricultural, service, and cultural institutions under its supervision and
within its approved budget.”
281.Article 126 states:
“The accused and convicted persons shall be employed in vocations that
require the undergoing of training courses to acquire skill and proficiency
and that are detennined by the organization, such that over time they will be
able to undergo various stages of training and receive technical certification
in a particular field.”
282.Note 1 of article 127 states:
“In case the convicted person is incapable of funiishing the required supplies
and equipment through personal funds, these supplies and equipment shall
be provided to him by the prison or the Society for the Protection of
Prisoners. In this case, after deducting the cost of supplies and equipment,
one quarter of profits is deposited into the account of prison's fund or that of
the Society for the Protection of Prisoners, and the rest into the account of
the prisoner.”
The State Organization for Prisons, Security, and Correctional Measures
makes use of addicts, as assistance seekers, in industrial shops, alongside
their participation in cultural, corrective, and educational programs.
283. In accordance with circular 1/82/6139, the prohibition of using prisoners in
administrative and service sections has been underlined by the chief of the
judiciary. In the circular, he notes: “Employing qualified prisoners in
institutions other than industrial, agricultural, and service institutions
referred to in the legal bylaws and Implementing Regulation of the
139
organization will be deemed as the violation of provisions and less than
appropriate management. Therefore, in line with the philosophy of
establishing open and semi-open prisons with a view to rehabilitation,
education, vocational training, and employment of prisoners, the need to
supervise conduct and behaviors... from using prisoners outside of the said
institutions and their contact with unauthorized individuals,...
arrangements shall be made to return these prisoners to prison, and end
such practices.”
284. In light of the fact that the note on article 62 of the Implementing
Regulation of the State Organization for Prisons, Security, and
Correctional Measures makes the employment of prisoners outside of the
prison's parameters contingent upon the related judicial authority, circular
1/81/7788, dated July 22, 2002, requires the judges of general,
revolutionary, and mnilitary courts to cooperate with the Prisons
Organization, and to give priority to the convicts with financial crimes (i.e.
debtors) so as to reduce congestion in prisons.
285. The chief of the judiciary in 2003 noted: “The mnain goal in establishing
vocational training and emnploymnent within prisons is the rehabilitation and
education of prisoners and provision of vocational certification to prisoners
who have learned a trade during their incarceration and generation of some
minor income for prisoners.”
286. Based on the statistics released by the public relations department of the
Prisons Organization of Tehran, in 2005, some 5,000 prisoners were
provided with technical and handicraft trainings, 3,000 of who succeeded
in related examinations and were awarded technical, vocational, and
handicraft certifications.
Prisoner leave
287. In the past, in accordance with circular 1/76/13628, dated March 14, 1997,
the chief of the judiciary had given pennission to judges throughout the
country to grant leaves to prisoners on the occasion of the New Year
holiday. The managers and heads of prisons, upon the approval of the
supervising judge of the prison, could grant leaves of 3 to 7 days, as per
rules and regulations, to the requesting prisoners whose conduct were
acceptable and whose return to the society during their leave did not
140
disturb public order, or result in confrontation or private complaints, and
who provided sufficient guarantee regarding their return to prison.
288. Currently, article 213 of the aforementioned regulation states the following
in regard to prisoner leave:
“In cases of marriage, death of blood and non-blood first-degree relatives of
the first class or their sickness such that they become incapable of movement
for a long period of time, or any unexpected event or emergency that
requires a leave, the convicted person may be given a one week leave upon
providing appropriate bail as determined by note 2 of article 124.” (Based on
the previous regulation, the duration of the leave was 24 hours and it was
contingent upon the opinion of the prison warden or the supervising judge of
the prison.)
Assistance in returning prisoners to society
289. In regard to assistance activities and measures to be adopted regarding the
return of prisoners to the society, article 237 of the aforementioned
regulation states:
“In order to facilitate the return of convicted persons to the society, attempt
shall be made to maintain family relations and inclinations. Therefore, social
workers stationed in prisons are obligated to maintain regular contacts with
prisoners so as to secure their trust and be able to resolve their problems and
meet their and their families' material and moral needs through the
assistance of related bureaus, such that they can be instrumnental in the
establishment of good relationships between prisoners and their families.
Contacts by other prison officers with families of prisoners are prohibited
and are subject to disciplinary and administrative prosecution.”
Assistance to sick and needy prisoners
290. In regard to sick and needy prisoners, article 241 of the regulation states:
“The sick and needy convicted persons who are released during their illness
shall be placed under the protection of societies for the protection of
prisoners until such time as they regain their health and are able to work. In
case they are disabled or handicapped, they shall be protected by the society
within its capabilities and in accordance with regulations.”
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Assistance in the pardoning and freeing of prisoners
291 . The highest judicial authority of the country — in order to ensure that
requisite measures are adopted in regard to the freeing of those who have
committed intentional murder or first degree murder and, in accordance
with the Islamic Penal Code, are sentenced to life in prison — in accordance
with the circular, dated May 3, 2001, in regard to the coininitters of
intentional murder who, in accordance with the old General Penal Code
and after commuting, have been sentenced to life in prison or first degree
murder and are serving their sentence, stipulates:
a. “In case the commuting of the sentence is not due to forgiveness on
the part of private plaintiffs, and the next of kin of the murdered have
not received any d/yeh (blood money) as restitution for the crime,
arrangements shall be made, in these types of criminal cases, to secure
the satisfaction of the next of kin of the murdered so as to free those
convicted of such murder imprisonments. For the payment of d/yeh
asked by the next of kin of the murdered from the convicted persons
whose financial inability is established, necessary documentation shall
be provided to the judiciary's Department of Finance, Administration,
and Support (currently, Department of Administrative and Financial
Affairs) for the implementation of requisite measures.
b. In regard to others who are sentenced to imprisonment in spite of the
forgiveness of private plaintiffs, and who, in regard to the general
aspect of the crime, have remained in prison in excess of the time
prescribed by current law, a proposal for pardon of the remaining
length of imprisonment shall be made to the General Bureau of
Pardon, Forgiveness, and Penal Agreements, to be examined and
acted upon.” The topics of the culture and education of prisoners,
respect for the rights of minorities, issues relating to the employment
of prisoners, leave, assistance in retunling prisoners to the society,
assistance to sick and needy prisoners, and assistance in the pardoning
and freeing of prisoners are contained in the main Appendix 43.
Other responsibilities
142
292. A number of responsibilities of prison officials as per article 18 of the
aforementioned regulation are as follows:
• Creation of necessary and appropriate means and facilities for
rehabilitative activities, such as correction, guidance, education, and
reacclimation.
• Provision of consultation services and assistance in solving the problems
of prisoners and their families.
• Preparation and recommendation of the list of prisoners eligible for
conditional release and its submission to the supervising judge of the
prison.
• Preparation and recommendation of the list of prisoners eligible for
pardon and its submission to the pardoning committee.
• Planning for post-release supervision of inmates, in collaboration with
related organizations.
General policies of the Prisons Organization
293. In addition to the above items, mention may be made of the following
general policies and measures that, in the past 10 years, have been and
continue to be placed on top of the agenda of the organization:
• Institutionalization of the idea of planning in the decision makings of the
organization.
• Establishment of the important and effective institution of post-release
mnonitoring centers in all provinces in the country.
• Promotion of social work activities in prisons.
• Promotion and continuation of psychotherapy and consultation in prisons
throughout the country.
• Improvement of the conditions of human resources and the training of the
staff.
• Establishment of vocational training and employment camps.
• Activation of the Cooperative Firm for Prisoner Vocational Education,
and the institutionalization of self-sufficiency in prisons.
• Refonning of prison regulations, and emphasis on the cultural and
educational affairs of prisoners.
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• Segregation of children and juveniles from the country's prisons, and the
establishment ofjuvenile correction centers in the majority of provincial
capitals.
• Strengthening of the Educational and Research Center of the Prisons
Organization, with a view to the training of a professional cadre, and the
institutionalization of the idea of research in prisons, and tens of other
programs.
• Improvement of the esthetic dimensions of prison interiors, and a move
toward self-sufficiency in prisons.
• Decentralization of the management system of prisons and devolving of
authorities to provincial and local managers.
• Implementation of paragraph 14 of the judicial decision of the
Expediency Council regarding a reduction of sentences of imprisonment.
• Classification and segregation of prisoners.
• Respect for the human dignity and citizenship rights of prisoners.
Control over officers and staff
294. On behalf of the offices of the Protection of Citizens' Rights; Security and
Information; Performance Evaluation, Inspection, and Response to
Complaints; the provincial general managers; and supervising judges of
prisons; comnplaint boxes have been installed in all sections of prisons such
that prisoners can easily report cases of mistreatment to be investigated by
the authorities. In addition, given the freedom of prisoners to correspond
with officials and legal and judicial authorities, their right to complain is
protected; a matter than is underlined by article 198 of the Implementing
Regulation of the organization.
295. In addition, all prisons and affiliated penal institutions are equipped with
close circuit cameras that are linked to and are continuously monitored by
general bureaus of prisons throughout the country as well as by the
headquarters of the organization.
Method of investigation of complaints
296. Immediately upon receiving a complaint, the Office of Performance
Evaluation, Inspection, and Response to Comnplaints examnines the
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complaint and in case of establishment of its validity, if the subject is
deemed to be a violation, it is reported verbatim to the committees for
investigation of administrative violations, or to other competent judicial
authorities.
297. The cases that have been investigated by these committees, to date,
indicate the effectiveness of the process.
298. To date, there have been cases that have resulted in changes in the
locations of employment of staff members, or application of punishments
stipulated in article 9 of the Law of Investigation of Administrative
Violations. In case of criminal violations, cases are referred to judicial
authorities.
Treatment of prisoners on death row
299. The treatment of prisoners on death row is in accordance with Islamic
ethics and kindness, and principles of humnanity.
300. Upon request, the prisoner may visit with his family, relatives, and friends,
as well as with a clergy or representative of his religion.
301. In addition, in case the prisoner is sentenced to death due to having
committed murder, efforts are carried out until the last minute to secure the
satisfaction of related authorities in order to prevent qisas (lex ta/fonts)
from being carried out.
The Society for Protection of Prisoners
302. The societies for protection of prisoners are grassroots, non-governmental,
and legal entities that have existed in Iran for over 70 years. These societies
have legal charters and bylaws. Their boards of directors comprise the
prosecutor, the general director of prisons, the provincial governor, the
prison warden, and three trustees who are credible, pious, and
philanthropist. The members serve on a voluntary basis. These societies are
established at all locations were there exists a prison.
303. Currently, 175 of these societies exist throughout the country. Their
objectives include correction and resocialization of prisoners, prevention of
crimes and misdemeanors, reduction of social harms resulting from
imprisonment, and protection of the family, especially children, of
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assistance seekers from the consequences of crimes and misdemeanors.
Currently, all societies have social workers who focus on resolving the
problems of assistance seekers. Some of their activities include:
• Fonnation of social work files
• Meeting with prisoners
• Holding of consultation sessions
• Interview and consultation with assistance seekers
• Home visits
• Design and execution of support programs
• Arrangement and referral to support and medical centers
• Provision of life skills programs
• Arrangement for meetings between inmates and their children
• Provision of funds for rental deposits
• Provision of marriage loans to children of prisoners
• Provision of financial assistance for transportation
• Provision of financial assistance for back pay
• Provision of non-financial assistance
• Provision of medical financial assistance
• Visits to courts, in order to secure the satisfaction of plaintiffs, and
request for pardons, leaves, and transfer for prisoners (To date, the
society's social workers have had 16,304 visits to courts, sections of
execution of sentences in prisons, lawyers, experts, and legal advisors;
5,678 actions to secure the satisfaction of plaintiffs; 3,814 actions to
secure pardons; 4,198 actions for transfer; and 11,511 actions to secure
leaves.)
• Collection of donations from philanthropists and charitable organizations
304. The societies, also, carry out extensive activities in regard to
entrepreneurship and employment, education and research, assistance and
social work, and, most importantly, protection of the citizenship rights of
the families of prisoners. Other activities include providing assistance to
the families of prisoners, the rebuilding of characters of prisoners and their
correction and guidance, assisting prisoners in regard to vocational
education, assisting prisoners in finding employment upon their release,
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contributing to the health and medical improvement of prisoners, and
promotion of cultural, sports, vocational, and educational activities.
305. To date, the society has succeeded in providing valuable contributions in
tenns of securing the satisfaction of plaintiffs, commuting the sentences of
prisoners, and release of prisoners in need of financial assistance. Based on
the statistics of the years 1379 — 1387 HS (2000 — 2008), through persistent
follow-up, 8,238, 21,521, and 1,057 prisoners were freed, respectively,
through securing the satisfaction of plaintiffs, financial assistance of the
society, and donations of philanthropists and charitable organizations.
Juvenile correction centers
306. In accordance with article 44 of the Implementing Regulation of the State
Organization for Prisons, Security, and Correctional Measures, dated
December 11, 2005, “in order to promote the foundations and principles of
the rights of citizenship in prisons, detention centers, and institutions
affiliated with the organization; respect Islamic and human rights; and
facilitate the process of de-incarceration and reaccliination of the convicted
persons; in all institutions under the supervision of the organization, offices
under the title of the Office for the Protection of Citizenship Rights shall be
established under the oversight of the organization comprised of sufficient
number of specialists.” Such an office has been established and is
operating in the Tehran Juvenile Correction Center. In order to ensure the
realization of these objectives and humane conditions, a booklet has been
compiled, titled The Citizenship Rights of Assistance Seekers, which
contains all their rights and obligations. The booklet is provided to all
assistance seekers. The Office for the Protection of Citizenship Rights is
tasked with ensuring the implementation of the rights contained in the
booklet.
Legal measures to ensure respectful and humane treatment
307. In accordance with articles 5 and 6 of the Law of Protection of Children
and Young Adults, dated December 22, 2002, any mistreatment of children
and young adults is to be reported to judicial authorities. The establishmnent
of special children and juvenile dad aras (broadly; prosecutor's offices)
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and courts have guaranteed humane treatment of this group. As a result, the
juvenile correction center requested provincial judiciaries to establish
related special sections. Today, these special sections exist in the dad aras
and courts of all districts.
308. Supervision over the conduct of law officers and detention center staff is
carried out by three bodies:
a. The Office of Evaluation of Performance, Inspection, and Response to
Complaints, of the general bureau and the organization
b. The Office of Respect for Client and Citizenship Rights
c. The State General Inspection Organization
309. In addition, the head of the general bureau of Tehran province, supervises
the conduct of staff via digital monitoring and snap inspection of premises.
310. Circular 1/80/7487, dated July 18, 2001, in regard to the requirement for
regular supervision over the implementation of imprisonment and
detention sentences and attention to the problems of inmates, draws the
attention of supervising judges of prisons to the following points:
• In order to improve supervision over the implementation of
imnprisonmnent and detention sentences resulting from financial
convictions or penal provisional remedy, arrangement shall be made for
regular and cyclical inspections of prisons such that judges can gain
infonnation regarding the mode of implementation of sentences and
conditions of inmates and their possible problems and be able to, within
the confines of regulations, assist in resolving themn.
• In visits to prisons, attention mnust be given to comnplaints by inmnates and
responses mnust be made to their questions.
Holding of detainees in well-known locations
311 . In accordance with article 17 of the Implementing Regulation of the State
Organization for Prisons, Security, and Correctional Measures, dated
December 11, 2005, the juvenile correction center is a facility for holding
children and young adults under the age of 18, with the aim of correction
and education. The center was established in 1964 and is the only center in
Tehran for the holding of children and young adults who are detained or
deprived of freedom.
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Registration of detainees and their place of detention in books and access to
this information by their relatives
312. Upon their arrival, all assistance seekers are taken to the section for
reception and identification. All their personal, judicial, physical,
psychological, and family information are immediately registered in their
judicial, medical, and personality files. Access to this information is
available to their families and lawyers.
The Juvenile Correction Center
313. Iran's Juvenile Correction Center is a successful model of dealing with
children and young adults deprived of freedom. Many requests are made
by other countries in regard to visits, cooperation, and adoption of
methodologies. All foreigners who have visited the center have admired
the conduct and perfonnance of the personnel.
314. In accordance with article 11 of the Implementing Regulation, the center
comprises a manger and three deputies, as well as one person responsible
for each of the following sections: correction and education, the detention
house, reception and identification, and children. In accordance with article
2 of the Implementing Regulation of the Juvenile Correction Center
Organization, the center comprises three sections:
a. Temporary detention
b. Correction and education
c. Prison
315. In each section, children are classified based on age, and record of crimes
and their type. There are separate boys and girls sections. In regard to the
activities of the center relating to delinquent children and young adults,
mention may be made of the following items:
a. Creation of a personality profile
a. The creation of the personality profile is carried out with the help of
psychologists and social workers. It contains personal, family,
education, intelligence, personality, and psychological infonnation, as
well as a record of the behavior of the assistance seeker during his
stay in the correction and education section, as observed by the staff.
149
b. Reception and identification
b. Upon arrival, the assistance seeker is housed in the reception and
identification section. The following actions are carried out for him
within a maximum period of 7 days:
• Primary health measures, such as provision of tooth brush, tooth paste,
shampoo, towels, underclothes, and uniforms.
• Creation of a judicial file, by the section for the implementation of
sentences.
• Creation of personality and social profile, by the psychologist and social
worker.
• Creation of a medical file, by the center's physician.
• Vaccination and medical checkup.
• Assessment of vocational and educational aptitude.
• Classification and housing in the appropriate dormitory.
c. Housing
c. The center has 9 separate locations for housing children: The
donnitory and area for the holding of boys and girls and children
under the age of maturity, the section for reception and identification
(for the newly arrived), and the detention house (for the holding of
serious offenders and delinquent assistance seekers).
d. The location for the holding of assistance seekers is detennined by the
Classification Council.
d. Segregation of delinquent children and young adults
e. Assistance seekers in the Juvenile Correction Center are classified
based on age, gender, physique, and personal characteristics. They are
classified into six groups for boys and one group for girls. Assistance
seekers take part in the daily programs of the center as a means of
responsibility education and social rehabilitation in order to prepare
them for returning to the society.
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f. It should be noted that corporal punishment and solitary confinement
in the center are strictly prohibited. In fact, there are no solitary cells
in the center.
g. All assistance seekers have access to telephone, upon their arrival, and
can stay in contact with their families. They are given pre-paid phone
cards. In case the assistance seeker does not wish to contact his
family, in consideration of human dignity, a social worker contacts the
family or the closest relative and infonns them of the condition of the
assistance seeker. Assistance seekers are also allowed to correspond
with whomever they wish.
h. Through coordination between the center and judicial complexes, the
cases of children and young adults are examined in the shortest time
possible. Any delay in their trial is reported to several authorities,
including the judiciary's Office for Protection of the Rights of Women
and Children.
e. Health, medical care, and nutrition
i. These include:
• Prevention, including vaccination and control of communicable diseases
• Provision of medical care to patients, in the fonn of outpatient, inpatient,
and under-supervision care
• Referral of needy patients to advanced medical facilities outside of the
center
• Cooperation with the national health system as a means of promoting the
level of health in the center
• Provision of consultation for preparing the nutritional program of
children
• Supervision and action in regard to personal levels of health and the
health of the center's environment
• Provision of dentistry and psychiatry services, family control education,
injections, triage, and pharmnaceuticals
f. Cultural and educational
j. These include:
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• Organization of classrooms, at all levels, and examinations
• Studying in technical high schools under the supervision of the ministry
of education
• Establishment of the technical and vocational complex under the
supervision of the technical organization of the ministry of labor
g. Recreational
k. These include:
• Organization of recreational, pilgrimage, and tourist camps; such as
nature camps, and visits to historical sites and battlefields of the Holy
Defense
• Sports competitions between assistance seekers and the city youth, within
and outside of the center, with a view to healthy competition and creation
of a positive image in the society
• Use of pool and sports arena
• Use of media (see appendix 54/10)
h. Psychological measures
1. The psychological bureau employs several male and female
psychologists. Based on statistics, there is one psychologist for every
32 assistance seekers.
in. Psychological measures include:
• Identification of personality traits, intellectual aptitude, and behavioral
and psychological disorders, through psychological tests and interviews
• Consultation, guidance, and assistance in adaptation of children with the
environment of the center
• Consultation and guidance on assistance seekers' problems with their
families
• Personal and group psychotherapy for assistance seekers
• Identification of psychological patients and their referral to psychiatrists
• Provision of professional opinions to courts and other judicial authorities
regarding children
• Identification of delinquent inclinations in children through collection of
information and scientific tests
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• Provision of professional opinions to the court regarding assistance
seekers, referred by the court, prior to the issuance of the verdict
• Follow-up on personal and social therapy
• Referral to consultation and psychotherapy centers after release from the
center
• Preparation of assistance seekers for effective understanding and dealing
with social phenomena
• Job placement and employment of assistance seekers, in line with their
aptitude and preferences
• Follow-up of educational, vocational, and family affairs
• Creating harmony between the assistance seeker, his family, and the
society
i. Social work
n. The bureau of social work employs several social workers. Based on
statistics, there is one social worker per 28 assistance seekers.
o. Social work services include:
• Einpowennent and strengthening of the potentials of assistance seekers in
facing hardships
• Identification of the social and family characteristics of assistance
seekers, through interviews with family members as well as home visits
• Establishment of professional and symnpathetic relations with assistance
seekers, and personal and family consultations aimed at einpowennent
and enableinent to face hardships
• Contacts with social service and medical centers, such as the welfare
organization, hospitals, and the supervision bureau of the judiciary,
among others
• Maintaining of regular contacts between assistance seekers and their
families, through visits, telephone conversations, and correspondence
• Securing satisfaction of private plaintiffs
j. Visitations
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p. Every week, under the management of the bureau of social work,
assistance seekers meet with their families for 30 minutes, without the
presence of guards.
q. In the waiting area, family members are provided with consultation
and infonnation, by social workers and judicial authorities, using
infonnation sheets that are prepared in accordance with the problems
of children. In addition, throughout the week, families who are
unaware of the visitation dates are allowed to have visitations in the
social work area.
k. Leave
r. In order to boost the morale and resolve the problems of the convicted
assistance seekers, they are given 5 days of leave per month, which
may be extended when necessary. The assistance seekers under court
order, when necessary and with the permission of the issuing judge,
are given hourly leaves with accompanying officers.
1. Support and guidance homes (My Home)
s. IVly Home is based on the principles of deinstitutionalization, smaller
scale, and social integration. It has the following characteristics:
• Housing of assistance seekers with no shelter or with unsuitable
guardians.
• Holding of assistance seekers who are given alternative sentences by the
court.
• The homes are located throughout the city and have a capacity of 6
persons. Every home has a supervisor who meets the qualifications of the
regulation.
• Assistance seekers above 18 years of age, with sufficient fixed income,
capable of independent living, and ready to accept a family, upon finding
their family members or close relatives are released.
• The objectives of the plan include provision of a living environment,
emotional support, educational measures, financial support, job
placement, preventing of recidivism, improvement of life skills, personal
independence and self-management.
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• The My Home Program has a regulation that detennines the conditions of
acceptance of the assistance seeker from the time of acceptance into the
program until the time of release.
t. The city council of the Juvenile Correction Center is elected from
among volunteer assistance seekers every 3 months. The elections are
coordinated by the cultural bureau and the manger of donnitories. The
assistance seeker with the highest number of votes is chosen as the
mayor. Other elected assistance seekers are fonn the cultural, services,
health, disciplinary, and sports committees. This allows the assistance
seekers to participate and be responsible for the internal management
of the center. It also provides them with the opportunity to practice
social skills necessary to live in a civil society. In addition, they are
able to deal with the problems of other assistance seekers and try to
resolve them.
m. Support measures
u. These include:
• Legal assistance, in cooperation with the selected lawyers of the center,
other lawyers, and judicial authorities of the center, to provided legal
consultation, defend, and follow up the cases of assistance seekers
• Request for the commuting of sentences, appeals, and conditional
releases
• Referral of needy assistance seekers to related authorities
• Referral of qualified assistance seekers to philanthropists and charitable
organizations, for the payment of d/yeh, return of the property, monetary
fine, or receiving of financial assistance
• Participation in court hearings and provision of testimony about the
assistance seeker by psychologists and social workers
n. Participation of international organizations
v. The UNICEF has held workshops for the staff of the center and
facilitated scientific and practical experiences through international
visits. It has also contributed in terms of providing educational
facilities. To date, 100 assistance seekers have taken part in UNICEF
155
workshops on life skills. The center has also been visited by various
international groups, such as the Penal Refonn Organization.
o. Participation of governmental organizations
w. The ministry of education has provided assistance to the center in
regard to the establishment of technical high schools, provision of
human resources, and the holding of official examinations. The
Technical and Vocational Organization of the ministry of labor and
social affairs also provided professional trainers for the technical and
vocational workshops held for the assistance seekers. The Judicial
Complex for the Examination of Children's Crimes participates in the
definition of the character of the children in conflict with the law, and,
at times, has been at the forefront of the use of alternative sentencing.
p. Participation of the public and non-governmental organizations
x. An overwhelming majority of the public cooperating with the center
consist of middle aged professional, educated women who act as
substitute mothers for assistance seekers and fulfill their emnotional
needs.
q. Visitations with family members
y. The first-degree relatives of assistance seekers are allowed to meet
their children 2 hours per week. New assistance seekers, until the
completion of their identification process, can have visitations
throughout the week. This program is contained within the booklet,
The Citizenship Rights of Assistance Seekers (pp. 37-38). Other
relatives of assistance seekers may visit them upon the approval of
social workers and management.
r. Training of officers and staff
z. The center's officers and staff receive requisite training on a regular
basis, including those relating to the international rules on juvenile
justice, i.e. Beijing Regulations, Riyadh Guidelines, and Standards on
the Protection of Juveniles Deprived of the Right to Freedom. (See
sample questions in Appendix 54/7). In addition, all employees
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take part in the workshops approved by the education center of
the organization.
s. Mechanism to control officers in order to prevent mistreatments
aa. The center is equipped with closed circuit cameras, which cover all
dormitories and administrative halls. All of the actions of assistance
seekers and staff are under the surveillance of the manager of the
correction center, the general manger of the province, and the head of
the State Organization for Prisons, Security, and Correctional
Measures. Daily meetings with the center's manager and deputies and
the Voice of the Assistance Seeker Box (suggestion/complaint boxes)
are other instruments to prevent mistreatment.
t. Complaints regarding mistreatment by officers
bb. All complaints of officer mistreatment received through contact
with families, boxes of the voice of assistance seeker, and oral reports
are examined. In case their veracity is established, files are created
and referred to the section for administrative violations, or are dealt
with by other appropriate means.
Article 11
316. In regard to the ban on the imnprisonmnent of individuals failing to fulfill
their financial obligations, it mnust be noted that, in spite of the existence of
several laws to this effect in the past, in 1998, a law was passed, titled The
Law of the Method of Implementation of Financial Convictions, in
accordance with which the failure to pay monetary penalties to the benefit
of the govenunent, and conviction to pay the very thing, or its price, or its
substitute, or the loss and damage resulting from the crime, or d/yeh, shall
result in the possibility of detention of the individual at the request of the
judgmnent creditor until such time as the paymnent of that property, unless
the financial inability of the convicted person is established.
3 17. This law was passed with the view to the domninant circumnstances in the
society, i.e. the proliferation of financial misconduct, embezzlements, and
complaints, which prompted legislators to refonn the law and set the
punishment of imnpri soninent for debtors.
157
318.Also the Law of Checks, amended in 1997, stipulates imprisonment for the
failure to pay the amount of a check, or the issuing of a false or blank
check, and the like. However, the recent refonn of the law has reduced the
severity of treatment of the issuer of the check during the course of
prosecution and made it possible for provisional remedies, such as
collaterals and bailment in place of detention.
319. However, after several years of massive detentions and increase in the
number of persons imnprisoned due to financial convictions, the judicial
system effected several refonns in the Law of Checks, which reduced the
cases of imprisonment. Finally, in new legislations that are to reform the
Law of the Method of Implementation of Financial Convictions, and the
Law of Checks, the imnprisonmnent punishmnent is to be elimninated in cases
relating to contractual obligations, e.g. failure to pay the amount of a
check, mnarriage portion, or promnissory note.
320. See Verdict 211 in Auxiliary Appendix 55, in regard to the crimninal
prosecution of a person in a civil case and the judicial conviction of the
presiding judge.
Article 12
321. The Islamic Republic of Iran, unlike many refugee accepting countries in
regard to the residence of refugees, provides relative freedom of residence
to refugees. Today, less than 5 per cent of refugees are housed in guest
towns and the rest reside in urban and rural comnmnunities in the country.
However, this should not create the impression that those living in guest
towns are subject to extraordinary restrictions. In fact, there are many
amnenities in these guest towns, such as shelter, water, electricity, primary
health and medical services, and public and adult literacy education, as
well as libraries, comnmnunity halls, and sports facilities, which are mnainly
provided free of charge. In terms of communal living, the refugees, in these
guest towns have a higher level of psychological health and are subject to
no restrictions in tenns of movement.
322. The mode of residence of refugees in urban and rural areas is characterized
by a high degree of variety. In some areas, they reside in the outskirts of
cities, in areas especially devoted to refugees. In other areas, they reside
farther away from the outskirts, as single- or multiple-family communities.
158
Others live and work within or in the margins of industrial and agricultural
regions. Other refugees, as required by seasonal conditions, relocate
between rural and urban areas in search ofjobs. And other refugees live
within villages and towns.
323. Living in the outskirts of rural and urban areas has a wide range of
economic, social, and cultural consequences for the refugees, the most
important of which are economic problems resulting fonn the increasing
cost of living.
324. On the other hand, the increasing number of refugees creates mounting
problems for the host society and threatens its economic development. The
problems threatening economic growth include the destruction of natural
resources, the higher rates of occupancy of infrastructures such as
transportation and communication, impact on infrastructural changes,
increase in the rate of transition of traditional agricultural jobs to those of
service and industrial sectors, which are often incapable of absorbing such
levels of new workforce, a fact that results in the inefficiency of human
resources.
325. In the past two decades, the Islamic Republic of Iran has played host to a
refugee population of two millions. At one point, one fifth of the world
refugee population resided in Iran. In the past decade, in spite of the
repatriation of some refugees, Iran continues to rank as the first refugee
accepting country in the world.
326. In the past 30 years, the refugee population in the Islamic Republic of Iran
has made use of resources relating to education, health and medical care,
water and electricity, employment, money-credit system, transportation,
border and police facilities, judicial and administrative systems, trade and
economic capacities, and various subsidies. This at a time when the
country is in need of mobilizing all its resources to achieve a desired level
of economic development.
327. The truth of the matter is that 42 per cent of the country's population is
comprised of young people under the age of 20, who face an
unemployment crisis and its dire consequences. This at a time when
refugees are taking up many employment opportunities.
Rules of residency of refugees in Iran
159
328. Prior to the establishment of the Executive Council of Foreign Nationals in
Iran, article 6 of refugees regulation had stated the following in regard to
the method of acceptance of refugees and residency of foreign nationals:
a. “In case of acceptance of the asylum request, the refugee is given a
refugee residency booklet by the state police that is tantamount to an
identification booklet and official identity that is registered at the
police department of the location of residence and is to be renewed, in
person, every 3 months.”
329.After the issuance of the refugee residency booklet, a facsimile is sent to
the police department of the place of residence of the refugee to be
archived for future reference.
330.After the large scale inflow of refugees from Afghanistan and Iraq in 1985,
the issuance of refugee residency booklets, practically, caine to a halt,
except in rare cases where the government of the Islamic Republic placed a
kind of temporary protection on its agenda and issued blue cards for
Afghan and green cards for Iraqi refugees.
331 . In 1999, the Political-Defensive Commission of the cabinet, in its meeting
of September 22, in line with the implementation of decision No.
h19703/t7817, dated February 10, 1998, decided to identify foreign
nationals residing in the Islamic Republic of Iran. The plan identified 1 .6
million Afghan and 0.4 million Iraqi refugees residing in the Islamic
Republic of Iran. In addition to the old blue and green cards, additional
papers were issued without which participation in spatial organization was
without value. Even, one of the requirements for the issuance of the blue
card was the participation of the head of family in the plan for the
identification of foreign immigrants in 2000 and 2001, after one year of
which temporary blue and green cards were taken away and replaced by
transit papers with specific exit deadlines.
332. Later, in 2001, the ministers of the Executive Cooperation Council for
Foreign Nationals, in the meeting of September 29, 2001, with
consideration of decision No. ht/58858, dated March 13, 2000, through the
regulation for the method of the spatial organization of population of
foreign nationals and refugees identified in the Islamic Republic of Iran,
required the ministry of interior, in order to spatially organize the foreign
nationals subject of article 1 of decision No. 21952 t/56909, dated
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December 10, 2000, to issue identification cards and temporary residence
pennits for the following foreign nationals:
a. The heads and officials of political parties and groups, political
personages, and political dissidents whose lives are in danger, as well as
their first-degree family, in accordance with the approval of related
organizations
b. The families of martyrs and disabled veterans, in accordance with the
official announcement by the Martyr Foundation of the Islamic
Revolution and the Foundation of Mostazefan and Disabled Veterans of
the Islamic Revolution
c. Seminary students and clerics and their first-degree families, in
accordance with the official announcement of the World Center for
Islamic Sciences
d. University students and their families, in accordance with the official
ammouncemnent of the mninistries of sciences, research, and technology;
and health, and medical education
e. All foreign nationals with refugee booklets certified by the General
Bureau of Foreign Nationals of the Law Enforcement Forces of the
Islamic Republic of Iran
f. All foreign nationals with master's and PhD degrees and their first-
degree families, in accordance with certification of the ministries of
sciences, research, and technology; and health, and medical education
Rights and obligations of refugees
333. The holder of a passport, as defined in article 180 of the Imnplemnenting
Regulation on the law of the third economnic, social, and cultural
development program of the Islamic Republic of Iran, is a person who
enters the country in accordance with domestic and international rules and
regulations and with special pennission. Residency, in accordance with
article 4 of the law of entry, consists of two types: temporary and
permanent.
334. Pennanent residency applies to a foreign national who has acquired legal
residency in Iran, otherwise, the residency of a foreign national is deemed
as temporary.
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335. As is implied by legal documents, an individual's presence and residency
in detennined by his place of residence and where his or her most
important affairs are conducted. In other words, the foreign national in Iran
must have established legal residency, otherwise, his or her residency is
considered as temporary.
336. Article 15 of the amended law of entry and residency of foreign nationals
in Iran, approved in 1988, states the following in regard to the illegal entry
of foreign nationals into the country:
a. “The following individuals shall be sentenced to 1 to 3 years
imprisonment or a fine of 500 thousands to 3 million rials, except
when their crime is the subject of laws that detennine heavier
sentences:
• Whoever counterfeits a residency pennit or transit document, or
knowingly uses them, or acquires these types of counterfeit documents
for others
• Whoever, in order to receive a passport, residency pennit, or transit
pennit, provides false testimony to relevant officers, or says other than
the truth, or hides matters that are relevant in the identification of
citizenship, or knowingly uses a passport, transit pennit, or identification
document produced by above means
• Whoever knowingly crosses the Iranian border without the required
documents and permit, or whoever passes through illegal routes or
borders
• Whoever, in order to prove his identity or citizenship, uses documents,
papers, or identification paper that belong to another person, and
whoever, in order to prove the identity or citizenship of a foreign
national, gives his or another person's document, papers, or identification
paper to others
• Whoever, in order to evade the deportation order issued against him,
hides or reenters Iranian soil after having left Iran
• Whoever participates or assists in one of the above activities
• Whoever, in order to benefit from the privileges that may be acquired
through this law or its related regulations, commits one of the actions
referred to in paragraphs 1, 2, or 3 of the aforementioned article outside
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of Iran, after entering Iran, if not convicted and punished on a final
verdict outside of Iran, will be prosecuted and punished.
337. In accordance with paragraph 5 of article 13 of the law on the entry and
residency of foreign nationals in Iran, aliens who enter the Iranian soil
without required documents or with required documents but through illegal
routes, in addition to the above punishments, may be expelled from the
country or be compelled to reside in a specific location for a period of time
not to exceed 5 years.
Aliens with 10 consecutive years of residence in Iran
338. The tenn “residence” implies legal residence of this group of eligibles and
their adherence to the laws of entry and residency. It should ne noted that
employment in Iran is the mnain condition for their residence in the country.
Clearly, whoever has 10 years of residence in Iran must have taken
advantage of this privilege as a means of legal residency, since otherwise
his residence will be considered as illegal, and as regards the law, the
legislator would not have considered a special status for him. Therefore,
the requirement of 10 years of continuous residence per se indicates the
country's need for the employment of this group of foreign nationals and
removes the requirement for receiving visas with the right to work.
Therefore, the legislator has intended to provide the ground for the
reemployment of this group of foreign nationals without legal
complexities.
Article 13
339. If a person or persons enter the Iranian soil and ask for asylum and their
request is rejected for whatever reason, and they are not given permission
for residence, they must leave the territory of Iran.
340. In accordance with article 12 of the law on the entry and residency of
foreign nationals in Iran, in cases where there is a decision to expel, the
foreign person has the right to refer the issue to the ministry of interior and
request a review of the decision. The submission of the petition to review
results in the postponemnent of expulsion, except in cases where expulsion
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is a priority due to reasons of national interests. Article 9 of the regulation
for refugees states the following in regard to the expulsion of refugees:
a. “If the refugee acts against the security or laws of Iran, the minister of
interior, on the recommendation of the permanent committee on
refugees, revokes his refugee certificate, and if his action is subject to
legal punishment, he will be delivered to judicial authorities. In any
event, the refugee will be given sufficient time to leave the Iranian
territory.”
341 . Article 33 of the Convention Relating to Status of Refugees states:
a. “No Contracting State shall expel or return (“refouler”) a refugee in
any manner whatsoever to the frontiers of territories where his life or
freedom would be threatened on account of his race, religion,
nationality, membership of a particular social group or political
opinion.
b. The benefit of the present provision may not, however, be claimed by
a refugee whom there are reasonable grounds for regarding as a
danger to the security of the country in which he is, or who, having
been convicted by a final judgment of a particularly serious crime,
constitutes a danger to the community of that country.”
342. In accordance with Iranian laws, the following constitute grounds for the
expulsion of refugees:
• Criminal conviction
• Vagrancy and begging
• Employment as a prostitute and promiscuous lifestyle
• Communicable diseases
• Refugee actions that disturb public order
• Anarchistic actions
• Espionage activities
• Plotting against national security
• Resistance to the law
• Intense propaganda against the armed forces
• Tearing up the flag of the country of residency
• Dissemination of false infonnation that disturbs public order and the like
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Voluntary return
343. Article 11 of the refugee regulation states: “If the permanent committee on
refugees detennines that the circumstances as a result of which the refugee
has come to Iran are lifted, the refugee has to leave the Iranian territory,
unless he provides sufficient evidence in regard to continued danger
against him.
344. The Regulation on the Method of Return of Afghan Refugees was
approved by the executive coordination council in April 2002, and later
passed and notified by the cabinet.
345.At the same time, the ministry of interior signed an agreement with the
govenimnent of Afghanistan and the United Nations High Commissioner for
Refugees in regard to a voluntary return program for Afghan refugees.
(The 1951 Geneva Convention makes no reference to voluntary return.
However, today, almost all countries are of the opinion that whenever the
circumstances that have resulted in asylum seeking are lifted, the mnain
solution is to convince the refugees to return to their country or main place
of residence, in order to solve the problems resulting from their acceptance
in the most logical and humnane mnanner.) As a result of the agreemnent,
extensive activities were undertaken in regard to the establishment and
equipping of provincial centers and exit stations, and fonnulation and
notification of customs, foreign exchange, and administrative guidelines.
Even, an order was issued for the operation of these centers during
weekends and holidays.
346. The assessment of the performance of the program in 2002 indicated a
relatively satisfactory situation. However, in 2003, the fall in the level of
desire to return was alanning, such that in the first 6 mnonths of 2003 there
was a 56 per cent drop in the number of volunteer returnees as compared
with the previous year. The United Nations High Commissioner for
Refugees, implicitly, announced the years 2004 and 2005 as the deadline
for refugee status of Afghans, and left the scene while hinting at two
possible solutions for host countries in regard to the Afghans who had
failed to retuni to their countries by that time: local assimnilation (granting
of citizenship), or change of status to economic immigrant.
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347. In light of the above, the executive coordination council for refugees, in
order to influence the matter of refugee return, approved the Guideline on
the Method of Facilitation of the Process of Return of Afghan Citizens,
which was recently passed and notified by the cabinet. As a result, in light
of the above conditions, part of the issue was clear. Namely, if no
executive action was taken within the remaining time serious problems
could arise in regard to the return of Afghans. Therefore, executive bodies
had only 12 months to return Afghans refugees; a short period of time
within which to return the majority of Afghan refugees without resorting to
unconventional methods. Therefore, in order to implement the above order
to maximize the return of Afghan nationals in 2004, and to coordinate the
implementation of decisions relating to the return of Afghan refugees, the
pennanent committee on foreign nationals approved and notified the
Effective Executive Guidelines for the Return of Afghan Nationals. It
should be noted that in the identification program approved by the cabinet
in the winter of 2000, 2,355,000 Afghans registered and filled the 5-page
questionnaire for the heads of families, those above the age of 18, and
other family members, and provided fingerprints. In accordance with the
joint letter of return, by January 20, 2003, 685,526 Afghan refugees had
returned, 401,848 of who had registered in the identification program and
the rest had illegally entered the country after the implementation of the
program whose exit by the end of 2003 was made possible through exit
transit papers.
348. The ministry of interior, in regard to the implementation of the regulation
on the spatial organization of foreign nationals and in accordance with note
1 of article 3 of the regulation on the method of return of Afghan asylum
seekers and refugees approved by the permanent committee on foreign
nationals, implemented the program for spatial organization of foreign
nationals between June 22, 2003, and October 22, 2004; during which
1,411,000 Afghan nationals who had registered in the identification
program visited the branches and, in accordance with regulations, were
issued exit transit papers with deadlines. During the same period, in
accordance with the decision adopted in the 25 thi meeting of the pennanent
committee on foreign nationals, and in accordance with note 1 of article 3
of the regulation on the method of return, and after the implementation of
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the second stage of the program of spatial organization of Afghan
nationals, the deadline for the above transit papers was extended as
follows: two 2-month periods for the singles, two 3-month periods for
married persons without school-attending children, and until June of 1984
for married persons with school-attending children.
Article 14
349. In accordance with article 156, the judiciary is an independent branch of
govenimnent. The judicial procedure of courts and the differing and, at
times, contradictory verdicts issued by judges is an indication of the
independence of the judicial system.
350. In accordance with article 164 of the constitution:
“A judge cannot be removed, whether temporarily or permanently, from the
post he occupies except by trial and proof of his guilt, or in consequence of a
violation entailing his dismissal. A judge cannot be transferred or
redesignated without his consent, except in cases when the interest of society
necessitates it, that too, with the decision of the head of the judiciary branch
after consultation with the chief of the Supreme Court and the Prosecutor
General. The periodic transfer and rotation of judges will be in accordance
with general regulations to be laid down by law.”
351. Therefore, influencing the views and verdicts of a judge is no easy task,
and in cases of such influence those suffering damages can report such
violations to the disciplinary court of judges.
352. The qualifications for the selection of judges, in accordance with the law
approved by the cabinet in 1963, and later years, include being of the rank
of a Mujtahid, or holding a bachelor's degree in law, theology, religious
sciences, etc.
353. Other qualifications include Iranian citizenship, adherence to religion of
Islam, and being known for good conduct, religiosity, trustworthiness, and
justice.
Dadsaras
354. In accordance with the amended Law of Revival of Dad aras, there are
five stages in a criminal case, as was the case in the previous version of the
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law: discovery, prosecution, investigation, verdict, and implementation.
The major elements of dad aras include the prosecutor, deputy prosecutor,
assistance prosecutor, and interrogator. To protect the rights of the public
and oversee the implementation of laws in accordance with regulations, in
case the crime or loss or damage do not have a private claimant but
somehow inflict harmn on the society, the prosecutor will file a suit against
the perpetrator. In addition, the prosecutor is obligated to protect and
defend the rights of children, incomnpetent and insane persons, and those
missing without trace, as well as to protect and defend inheritances in legal
instances. General courts are divided into the two categories of penal and
civil. Their area of competency is elaborated in the amended regulation on
the Law of Establishment of General and Revolutionary Courts, dated
January 29, 2002.
355. In Tehran, in addition to general dad aras, there exist special dad aras,
including the following:
• The special dad ara for investigating children's crimes
• The special dad ara for economic affairs
• The special irshad (i.e. guidance) dad ara (for combating social
corruptions)
• The special dad ara for criminal affairs
• The special dad ara for medical, phannaceutical, and health crimes
Courts
356. The judiciary's lower courts are divided into general and special. General
courts have jurisdiction over all cases, except those precluded by the law.
Special courts have jurisdiction over no cases, except those determined by
the law (article 1 of the law of establishment of general and revolutionary
courts, approved in 1994 and amended in 2002).
357. Special courts are divided into two categories:
• Military courts, which in accordance with article 172 of the constitution,
have jurisdiction over special military and police crimes
• The special court for clerics, which has jurisdiction over crimes
committed by the clergy
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358.However, the law has given the chief of the judiciary the authority to
devote certain general courts to special purposes, such as the special court
for children's crimes, the special court for intentional murder and crimes,
the special press court, the traffic violations court, the special court for
cases relating to cultural heritage, the special court for medical and
phannaceutical affairs, and the special family court. In tenns of hierarchy,
above the court of first instance, is the high appeals court, with at least 3
presiding judges. The Supreme Court is the highest court, with several
presiding judges. It should be noted that only major crimes and cases listed
in the laws of the civil and criminal procedure and that are subject to
appeal are heard by the Supreme Court.
359. It is also noteworthy that foreign journalists, similar to their Iranian
counterparts, are allowed to be present in open trials, both civil and penal,
upon the consent of the presiding judge.
Method of interrogation
360.Article 129 of the Law of Criminal Procedure states:
“First, the judge asks the accused person about his identity and personal
details (i.e. name, name of father, nickname, surnamne, age, occupation,
spouse, children, citizenship) and address (city, district, sub-district, village,
street, alley, numnber), such that the sending of subpoena and other
documents is easily possible; and warns him to be careful about his
statemnents. Then, he clearly explains the subject of the charge and its
reasons to the accused person and begins the investigation. The questions
must be useful and clear. Leading questions, and the deception and coercion
of the accused person is prohibited. In case the accused person refuses to
answer a question, his refusal is indicated in the mninutes.”
361. The questions mnust be useful and clear. Leading questions, and the
deception and coercion of the accused person is prohibited. In case the
accused person refuses to answer a question, his refusal is indicated in the
mninutes. (See Auxiliary Appendix 53)
362.Article 131 of the Law of Crimninal Procedure stipulates that the mninutes of
the interrogation are to be compiled without omissions or distortions:
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“The answers to questions shall be written down verbatim, without changes,
interpretations, or distortions. The literate accused persons can personally
write down their answers.”
363. Note 2 of article 129 of the aforementioned law considers punishment for
officers' violations relating to the submission of documents to the accused
persons, and provision of false reports:
“Violations of notifying officers in discharging their duties, or false
reporting in regard to matters relating to their duties are punishable by law.”
364. Also, article 205 of the aforementioned law provides the opportunity for
protesting to the findings of judicial officers:
“In case one of the parties to the suit poses a justified objection to the
veracity of the investigations of officers, the court shall investigate the
matter, on its own, through the investigating judge, or other suitable mneans.”
365. In regard to the judge expressing any views prior to the completion of the
trial, article 210 of the aforementioned law states:
“The presiding judge shall not explicitly express any views regarding the
innocence or guilt of the accused person prior to the completion of the trial
and issuance of the verdict.”
366. Article 211 of the aforementioned law states:
“In cases where the issuance of verdict requires additional investigation, the
trial shall begin after the investigation and shall not be halted until the
issuance of the verdict. In case of protraction of the trial ample recess shall
be allowed.”
367.Article 131 of the aforementioned law states:
“The answers to questions shall be written down verbatim, without changes,
interpretations, or distortions. The literate accused persons can personally
write down their answers.”
368.Article 158 of the aforementioned law states:
“Writing between lines and shaving of words in interrogation documents are
completely prohibited. In case one or few additional words are written, a
thin line shall be drawn over themn, the matter shall be indicated, and the
signatures of the judge and the person being examined shall be attached.
Also, in case one or few omitted words are added in the margins, the
aforemnentioned persons shall attach their signatures underneath. Otherwise,
the words thus added shall be bereft of validity.”
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369. Articles 98 (search and investigation in the presence of individuals) and
158 (writing between lines, shaving of words, adding... in interrogation
documents are completely prohibited.) are other instances of the protection
of the rights of accused persons.
Examples of verdicts relating to various subjects
370. The following verdicts are noteworthy:
a. Verdict No. 198 in regard to violations of rules of procedure and
issuance of verdict (see auxiliary appendix No. 57).
b. Verdict No. 69 in regard to violations of rules of procedure and
impartiality, and also verdict No. 222 in regard to the appeal of the
same case (see auxiliary appendix No. 57/1).
c. Verdict No. 829 in regard to the judge's violations of rules of
procedure in a case in which he himself was the plaintiff, in tenns of
rejecting the proceedings (see auxiliary appendix No. 57/2).
d. Verdict No. 158 in regard to the judge's violations of the rules
procedure in a case in which he himself was the plaintiff, in tenns of
rejecting the proceedings (see auxiliary appendix No. 57/3).
e. Verdict No. 309 in regard to the conviction of the judge who violated
the principle of impartiality and failed to take into consideration the
pleadings put forth by the accused (see auxiliary appendix No. 57/4).
f. Verdict No. 539 in regard to a judge who issued the order to
investigate the accused without sufficient evidence, and moved to trial
without explaining the charges and prior to the examination of the
plaintiff (see auxiliary appendix No. 57/5).
g. Verdict No. 242 and 243 in regard to violations of the rules of
procedure, including failure to take into consideration the statements
of the accused, issuance of the arrest warrant and bail without
sufficient ground (see auxiliary appendix No. 57/6).
h. Verdict No. 443 in regard to violation of the rules of procedure (see
auxiliary appendix No. 57/7).
i. Verdict No. 249 in regard to illegal prosecution of an individual
without sufficient ground and the violation committed by the judge
(see auxiliary appendix No. 57/8).
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j. Verdict No. 367 in regard to insufficient consideration of the evidence
and background (see auxiliary appendix No. 57/9).
k. Verdict No. 773 and 774 in regard to insufficient consideration of
evidence and documents (see auxiliary appendix No. 57/10).
1. Verdict No. 217 in regard to the failure of the judge to consider the
complaint and to issue an opinion in regard to the accusation (see
auxiliary appendix No. 57/11).
in. Verdict No. 198 in regard to failure of the judge to prosecute the
accused (an employer) due to lack of consideration of the evidence in
the case (see auxiliary appendix No. 57/12).
n. Verdict No. 7 in regard to the negligence on the part of the judge (see
auxiliary appendix No. 57/13).
o. Verdict No. 51 in regard to negligence on the part of the judge (see
auxiliary appendix No. 57/14).
p. Verdict No. 848 and 851 in regard to negligence on the part of the
judge (see auxiliary appendix No. 57/1 5).
q. Verdict No. 168 in regard to the judge's violation in declaring the
termination of proceedings without stating the reasons, examination of
the case without the presence of the accused or his lawyer and in an
extraordinary session (see auxiliary appendix No. 57/16).
r. Verdict No. 46 in regard to the failure to issue the verdict within
appropriate time (see auxiliary appendix No. 57/17).
Court rulings
371 . Article 214 of the law of criminal procedure states:
“The verdict of the court shall be evidence-based and justified, and in
accordance with the articles of the law and the principles derived from them.
The court is obligated to find the rule for every case from within the law. In
case there is no rule, it shall make use of authentic fiqh/ sources ort twas in
order to issue a verdict in the case. The courts shall not refuse to hear and
issue verdicts in cases of complaints and suits based on the excuse that the
written law is silent on the issue, or defective, or laconic, or contradictory, or
ambiguous.”
372.Article 212 of the law of criminal procedure states:
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“After the conclusion of the hearing, by asking assistance from God, relying
on integrity and conscience, and considering the contents of the case and the
existing evidence, the verdict shall be issued in the same session, except
when the compilation of the verdict requires preliminaries, in which case the
verdict shall be issued at the first opportunity possible and within a
maximum period of one week.”
Trial in absentia
373. In regard to trial in absentia, articles 218 and 218 of the same law contain
guarantees:
“In regard to all crimes relating to the rights of people and public order,
which have no aspect of divine right, whenever the accused person, or his
lawyer, fails to attend any of the sessions of the trial or to send a cross-bill,
the court shall issue the verdict in absentia. After the actual notification, the
verdict may be asked to be reviewed by the issuing court within the period
of 10 days, after whose expiration, it may be appealed in accordance with
the law of appeals.
374. Note. 1. The verdicts issued in absentia and not protested within the set
period, will be enforced after the expiration of the review and appeal
periods. Whenever the issued verdict is legally notified, in any event, the
convicted person may ask for a review within 10 days from the date of
notification by the issuing court, in which case the court shall temporarily
halt the implementation of the verdict and, if necessary, move to set bail or
review the previous bail.
375.Note 2. In cases of crimes that have an aspect of divine right, in case the
content of the case fails to prove the guilt of the accused person and in case
there is no need for the examination of the accused, the court may issue a
verdict of innocence in absentia.”
376. “After receiving the request for review, the court shall immediately move
to examine the reasons and pleadings of the accused person, and in case
they are of no consequence to the verdict, it shall confinn the in absentia
verdict, and in case it detennines them to be of consequence, or in case the
evidence and pleadings require additional investigation, it shall set a date
for the parties to the suit to attend a hearing. In such case, the absence of
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the plaintiff or private claimant shall not prevent the continuation of the
trial.”
The right of interference of competent authorities
377. All the judicial authorities that enter a criminal case must be competent in
accordance with the law. In case of interference of an incompetent judicial
authority, the accused person has the right to protest. Therefore, “the
verdict of guilt and its implementation must only be done through a
competent court and in accordance with the law” (article 34 of the
constitution). Even, in urgent cases, the arrest and detention must be
carried out in the manner determined by law, and the case must be referred
to comnpetent authorities within the set period (paragraph 5 of the Single
Article Law of respect for legitimate freedoms and protection of citizenship
rights, approved in 2004).
Political and press crimes
378. In regard to the presence of the representatives of public opinion in the
process of trials, it should be noted that, except in cases of press and
political crimes, there are no juries for the examination of other crimes.
However, apart from exceptional cases, the trials are open and the public
are allowed to attend the proceedings. This is in accordance with article
168 of the constitution which states:
“Political and press offenses will be tried openly and in the presence of a
jury, in courts of justice. The mnanner of the selection of the jury, its powers,
and the definition of political offenses, will be detennined by law in
accordance with the Islamic criteria.”
379. The provincial criminal court for examining press and political crimes is
comprised of three individuals: a chief and two justices from the appellate
court of the province, as described in article 6. (See Auxiliary Appendix
58)
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Open Trials
380. Article 188 of the law of criminal procedure states:
“The trails of the courts shall be open, except in the following cases, upon
the discretion of the court:
• Immoral acts and crimes against virtuous conduct
• Family affairs or private suits, upon the request of the parties
• /Vhen the openness of the trial is against security or religious feelings
a. Note 1. By openness of the trial is meant the absence of any obstacles
to the presence of public in the court. However, its publication in
media prior to the issuance of the final verdict shall be prohibited, and
violators of this note shall be subject to punishment for libel.”
Circulars of the judiciary chief
381 . In line with better implementation of the laws, circulars are sent to all
judicial units, which often include the admninistrative cadre as well as the
judicial. In addition, the judicial cadre is asked to provide guidance and
guidelines to officers and agents (the police) in line with the protection of
the rights of the public. For instance, mention may be made of the
following subjects covered in these circulars:
• Need for issuance of court orders and official letters of introduction for
those kept in prisons
• Prohibition of cooperation of judicial staff with other governmental
organizations, as per article 13 1 of the constitution
• Prohibition of the receiving of the amount of bail from the accused
persons by judicial officers
• Prohibition of employment of prisoners without prior coordination with
prison wardens and the classification councils of prisoners
• Investigation of the complaints presented by the officers of the
Organization for Inspection and Supervision over the Prices of Goods
and Services
• Confronting those who impersonate the officers of the intelligence
organization of the law enforcement forces, and illegal use of official
unifonns and police and military insignia
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• Observing of article 22 of the constitution in regard to searches of homes
and public places in cases other than tangible crimes
• Requiring judicial, police, and other officers of the law to execute the
instructions ofjudicial authorities as those in charge of enforcing the law
• Prohibition of unauthorized transport of narcotics by the officers of
revolutionary courts
• Prohibition of removing files from court premises and the requirement
for the examination of cases by judicial branches during official working
hours
• Prohibition of tampering with impounded vehicles
• Investigation of crimes relating to the abuse of military uniforms and
insignia
• Need for detennining the status of alcoholic beverages kept at the
workplaces of judicial officers as per order of judges
• Need for cooperation of police officers in the accompanying and
transferring of prisoners
• Need for the delivery of confiscated weapons and ammunitions to the
Organization for Collection and Sale of Possessory Properties
• Need for supervision over the performance of judicial officers
• Need for observing legal procedures in regard to the confiscation of
property and prevention of any tampering or personal use
• Prohibit of oral issuance of orders by judges to judicial officers
• Prohibition of sending cases to the intelligence organization of the law
enforcement forces that are unrelated to it
• Observing of laws in regard to confiscation of properties, and prevention
of hannful consequences of arbitrary confiscations
• Archiving of a duplicate of prisoners' files in related prisons in order to
facilitate the investigation of their situation and their requests from the
supervising judges of prisons
• Need for granting leave to prisoners, and change of bail for those with
inability to provide sufficient bail
• Need for observing articles 12 and 14 of the constitution in regard to the
equality of individuals before the law, and for respecting the law in
regard to explaining charges to the accused persons
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• Need for respecting the immunity of the bank accounts of foreign
representatives
Paragraph 2 of article 14 and the principle of assumption of innocence
382.In regard to innocence, article 37 of the constitution states:
“Innocence is to be presumed, and no one is to be held guilty of a charge
unless his or her guilt has been established by a competent court.”
383.Also, article 36 of the constitution states: “The passing and execution of a
sentence must be only by a competent court and in accordance with law.”
These articles are adhered to by the judicial system. Thus, there exist
numerous cases where due to lack of evidence to link the charge to the
accused person orders of suspension of prosecution or verdicts of
innocence have been issued (see Auxiliary Appendix 59).
Paragraph 3 of article 14 and the right to counsel
384. In regard to the implementation of article 14 of the covenant, mention may
be made of the following:
a. In regard to the presence of an attorney in the process of trial of an
individual, article 35 of the constitution states: “Both parties to a
lawsuit have the right in all courts of law to select an attorney, and if
they are unable to do so, arrangements must be made to provide them
with legal counsel.”
b. Article 185 of the law of criminal procedure states:
“In all criminal affairs, the parties to the suit may choose and
introduce their defense attorney or attorneys. The date of trial shall be
announced to the defendant, plaintiff, private claimant, and defense
attorneys. In case of multiplicity of attorneys, the presence of one
attorney from each party is sufficient to begin the trial and
examnination.”
c. Article 128 of the aforementioned law states:
“The accused person may have an attorney to accompany him. The
attorney of the accused person, without interference in the
investigation and after its comnpletion, may announce to the judge
statemnents that he may consider as necessary in discovering the truth
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and defending his client. The statements of the attorney shall be
recorded in the minutes.”
d. Note 1. In cases where the subject is of a confidential nature, or the
presence of other than the accused person causes corruption, as
determined by the judge, as well as in regard to crimes against
national security, the presence of the attorney in the course of
investigation shall be contingent upon the permission of the judge.”
Inability to secure counsel
385.Article 186 of the law of criminal procedure states the following in regard
to individuals who are unable to secure counsel due to financial inability:
“The accused person may ask the court to appoint him an attorney. In case
the court detennines that the accused person is incapable of choosing an
attorney it shall appoint an attorney for him from among the attorneys of the
judicial district and if possible from the closest district. In case the attonley
asks for fees, the court shall detennine the fees in accordance with the work
to be done. In any event, the detennined fees shall not exceed the legal
schedule of fees. The fees shall be paid out of the specific line item in the
judiciary's budget.
386. Note 1. In cases of crimes whose punishment in accordance with the law is
qisas, stoning, or life imprisonment, in case the accused person does not
introduce a attorney, the appointment of a court-appointed attorney is
obligatory, except in cases of immoral crimes where the accused person
refuses the presence or introduction of an attorney.
387.Note 2. In regard to all criminal matters, except those referred to in note 1
of this article or cases where in absentia verdicts are prohibited, whenever
the accused person has an attorney, the notification of the date of trial to
the attorney is sufficient, except where the court detennines the presence of
the accused person as necessary.”
Inability to comprehend the language of the court
388. I regard to inability to comprehend the language of the court, article 202 of
the law of criminal procedure states the following:
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“In case the plaintiff, the private claimant, the accused person, or the
witnesses do not know Persian, the court shall appoint two persons to
interpret. The interpreter shall be approved by the court and shall commit to
interpreting the statements accurately and without changing the sentences.”
389.In accordance with article 203 of the aforementioned law, it is possible to
reject the interpreter:
“The accused person and the private claimant may reject the interpreter, but
their rejection has to be justified. The rejection or approval of the interpreter
shall be in accordance with the opinion of the court, which shall be final.
The reasons for the rejection of the interpreter are the same as those for the
rejection of witnesses.”
390. A number of articles relating to the testimony of witnesses are contained in
main Appendix 47.
The accused person's right to question others
391.Article 191 of the aforementioned law states:
“Whenever the accused person or the private claimant requests the court to
investigate person or persons who are present in the court, even if not stated
previously, the court shall carry out sufficient investigation of themn.”
Prohibition of self-incrimination
392. In regard to forcing the accused person to self-incrimination, article 197 of
the aforementioned law states:
“The court shall pose questions to the parties, witnesses, and those in the
know, in order to clear amnbiguities and shed light on the subject. In case the
accused person refuses to answer the questions, the court shall continue the
proceedings without compelling the accused person to respond.”
Paragraph 4 of article 14 and the lack of criminal responsibility of children
393. In line with the implementation of article 49 of the Islamic penal code and
the lack of criminal responsibility of children brief remarks were made
under paragraph 4 of article 6 of the covenant. For instance, reference may
be made to the verdicts issued based on article 49 of the code in regard to
the lack of crimninal responsibility of children (see Appendices 60 to 60/7).
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394. However, in regard to article 40 of the Convention on the Rights of the
Child, and similar articles, in regard to the treatment of children alleged as,
accused of, or recognized as having infringed the penal law, and protection
of children through consultation, correction, adoption, education, and
training and vocational programs, reference may be made to the verdicts
issued by juvenile courts that are based on article 49 of the penal code
whereby children and young adults have been acquitted and the courts have
issued orders regarding their education and vocational training.
395. Chapter 5 of part 2 of the law of criminal procedure is devoted to juvenile
justice, contained in Appendix 61. Recently, actions have been taken to
pass new legislation, the result of which is the Law of Adjudication of the
Crimes of Delinquent Children and Young Adults, containing 5 chapters
and 55 articles. Chapter 2 contains a special procedure for children and
young adults. The procedure will be further discussed under article 24.
Paragraph 5 of article 14, and the subject of the right to the review of
convictions
396. Part 2 of the law of criminal procedure is devoted to the review of verdicts.
397.Article 217 of the law of criminal procedure states:
“The in absentia verdicts of lower courts are subject to review within 10
days of the actual date of notification, after whose expiration they are subject
to appeal.”
398.Article 232 of the same of law stats:
“The verdicts of general and revolutionary courts in criminal cases are final,
except in the following cases where they may be appealed;
a. Crimes whose legal punishmnent is execution or stoning.
b. Crimes whose punishment in accordance with the law includes hadd,
qisas of death, or itraf
c. Confiscation of property worth over 1 million rials.
d. Crimes that in accordance with the law require payment of d/yeh that
is more than the khoms (one fifth) of the full d/yeh.
e. Crimes whose mnaximnumn punishmnent is more than 3 mnonths in jail,
flogging, or mnonetary penalty of over 500,000 rials.
f. Sentences of dismissal.”
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399.Article 233 of the aforementioned law, considers the appealing of certain
verdicts to be the sole jurisdiction of the Supreme Court:
“The authority for the appeal of the verdicts issued by general and
revolutionary courts is the appellate court of the same province, except in the
following cases where the appeals authority is the Supreme Court:
a. Crimes whose legal punishment is execution or stoning.
b. Crimes whose legal punishment is amputation, qisas of death, or itraf
c. Crimes whose legal punishment is over 10 years imprisonment.
d. Confiscation of property.”
400. For instance, reference may be made to two opinions of the Supreme Court
in regard to intentional murder and kidnapping together with those of the
lower courts (see Auxiliary Appendix 45).
Paragraph 6 of article 14 and compensation
401 . In regard to the compensation of losses resulting from damages to life,
property, freedom, or honor of individuals, in addition to sporadic articles
on compensation contained in various civil and criminal laws, the Law of
Civil Liability contains imnportant items, the most imnportant of which
include the following:
a. “Article 1. Whoever, without legal permission, willfully or due to
negligence, inflicts damage on the life, health, property, freedom,
honor, commercial reputation, or any other right created for
individuals by law, such that it results in moral or material loss, is
liable for compensation of the loss resulted from his action.
b. Article 2. In case the action of the perpetrator of the loss results in
moral and material damages to the victim, the court, after
investigation and establishmnent of the matter, will convict himn to
compensation of damages. In case the action of the perpetrator of the
loss results in one of the above losses, the court will convict himn to
the compensation of the loss that he has inflicted.
c. Article 3. The court will detennine the extent of the loss and the
method and quality of its compensation, based on the circumstances
of the case. The compensation of the loss shall not be in the fonn of
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installments, except in cases where the debtor provides sufficient
guarantee or where there the law prescribes it.”
d. Article 5. In cases where the damage to the body or health of a person
results in a defect in his body, or a reduction or complete destruction
of his working ability, or an increase in his living costs, the
perpetrator of the loss is liable to compensate all of the above losses.
e. Article 8. Whoever, as a result of false affirmations or publications,
inflicts losses on the honor, reputation, or position of another person,
is liable for its compensation.
f. Article 10. Whoever suffers loss to his personal or family honor and
reputation, can ask the perpetrator of the loss to compensate for his
moral and material loss. In cases where the importance and type of
guilt requires, in case of establishment of the guilt, the court, in
addition to issuing a verdict of material compensation, may issue a
verdict of compensation through other means, such as apology,
publication of the verdict in the press, and the like.
g. Article 11. The employees of the govenunent, municipalities, and
affiliated organizations, who, in the course of their duties, willfully or
due to negligence, inflict damages on individuals, are personally
responsible for the compensation of inflicted damages. However, in
case the inflicted damages are not the result of their action, but relate
to the defective equipmnent of the organizations and institutions, the
compensation of the damages will be the responsibility of the related
organization or institution. However, in regard to enforcement of the
sovereignty of government, in cases where necessary actions are
undertaken, in accordance with the law, to protect social interests,
which result in damages to others, the governmnent will not be
responsible for payment of compensations.”
The best example of verdicts relating to violations by government
employees and payment of compensation is the case of “tainted
bloods”, in which the mninistry of health, the Blood Transfusion
Organization, and others, were convicted to pay compensation for
moral and material damages (see the second opinion of the case in
Auxiliary Appendix 62).
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h. “Article 14. In regard to article 12, in cases where damages are
inflicted by a group of persons, they are jointly responsible for paying
compensation. In such cases, the extent of responsibility of each
person will be determined by the court based on the mode of their
involvement.”
Payment of damages due to the judge's interpretation or error
402. Article 171 of the constitution states:
“Whenever an individual suffers moral or material loss as the result of a
default or error of the judge with respect to the subject matter of a case or
the verdict delivered, or the application of a rule in a particular case, the
defaulting judge must stand surety for the reparation of that loss in
accordance with the Islamic criteria, if it be a case of default. Otherwise,
losses will be compensated for by the State. In all such cases, the repute and
good standing of the accused will be restored.”
403. Article 235 of the law of procedure of general and revolutionary courts in
criminal matters and article 326 of the law of procedure of general and
revolutionary courts in civil matters, set no limits on the possibility of
correction of judicial rulings. According to these articles, the final verdicts
of the courts may be appealed under three conditions:
• When the judge himself recognizes the error committed in arriving at the
verdict
• When another judge, who has received the file through legal chammels,
recognizes the error
• /Vhen it is established that the judge has lacked comnpetence in examnining
the case and authoring the verdict
404. Three conditions may result in the issuance of a wrong verdict:
• Error in arriving at the truth
• Error in the adduceinents and the subject of the verdict, such that it does
not affect the foundation of the verdict
• Error in the adduceinents and the subject of the verdict, such that it does
affect the foundation of the verdict
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405. The errors of the first and second type cannot be corrected based on article
235, since it only applies to the errors of the third type. Therefore,
wherever the judge commits an error in arriving at the truth, it can only be
corrected through the appealing of the verdict, or through regular or
extraordinary objection (review, appeal, restitution, or application of article
30).
406. Article 235 does not apply to the second type of errors either. In such
cases, the issuing judge corrects his own error by issuing an amended
verdict. This may also be done by the appeals judge.
407. Therefore, the subject of article 235 is errors of the third type.
Compensation of losses resulting from the judge's error
408. The legal system of Islam gives sufficient weight to the payment of
compensation to victims of damage. The fiqh/ rules of “La zarar” and
“tasbib” make possible the compensation of any type of damage, even
when the agent of damage is not responsible. Therefore, in cases of crimes
against the body resulting from pure error, wherein no culpability may be
assumed for the perpetrator, compensation is envisioned in the fonn of
d/yeh.
Material and moral loss
409. In line with the implementation of article 171 of the constitution, article 58
of the Islamic penal code, inspired by the same constitutional principle,
states the following in regard to material and moral compensation:
“Whenever an individual suffers moral or material loss as a result of a
default or error of the judge with respect to the subject matter of a case or
the verdict delivered, or the application of a rule in a particular case, in
regard to material loss in case of default, the defaulting person must stand
surety for the reparation of that loss in accordance with the Islamic criteria.
Otherwise, losses will be compensated for by the State. And also in regard
to moral loss where the default or error of the judge results in the damaging
of reputation.” (See Auxiliary Appendix 42/7) Article 171 of the
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constitution and article 58 of the Islamic penal code have postulated two
assumptions in regard to surety. Relevant comments and methods of
compensation are discussed in the main Appendix 49.
Criminal laws relating to the protection of the rights of the public in cases of
violations by government agents
410. In line with the implementation of the principles of the constitution relating
to the rights of the individuals, several articles of the Islamic penal code are
devoted to the investigation of violations committed by govenimnent
officials and agents.
411.Article 570 of the Islamic penal code states:
“Any governmnent official or agent who, in contravention of the law, violates
the personal freedom of the people or deprives them of the rights stipulated
in the constitution, in addition to dismissal and deprivation of govenimnent
employment from 3 to 5 years, shall be sentenced to imprisonment from 6
months to 3 years.”
412.Article 571 of the Islamic penal code sets sentences for violations of the
constitution (some of these principles relate to the civil and political rights
of the people):
“Whenever actions against the constitution of the Islamic Republic of Iran
are committed through the forged signature of govenimnent ministers or
agents, the perpetrator and those who knowingly make use of it shall be
sentenced to imprisonment from 3 tolO years.”
413.Article 572 of the Islamic penal code states:
“Whenever a person is imprisoned against the law and files a complaint with
judicial or police officers in regard to his illegal imprisonment, in case they
fail to heed his complaint and prove that they have announced his case to
competent authorities and taken required actions, they shall be sentenced to
pennanent dismissal from the same position as well as deprivation from
government employment from 3 to 5 years.”
414.Article 573 of the Islamic penal code states:
“In case the officials or officers of a detention center or detention house
receive an individual as a prisoner without a detention paper issued by
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competent authorities, they shall be sentenced to imprisonment from 2
months to 2 years.”
415.Article 574 of the Islamic penal code states:
“In case the officials and officers of detention center or detention house
refuse to turn over a prisoner to competent judicial authorities, or to submit
their books to them, or fail to convey the complaints of prisoners to
competent authorities, they shall be sentenced to punishmnents stipulated in
the previous article, unless they prove that their action was in accordance
with the written authorization of their immediate superior, in which case he
shall be the subject of the aforemnentioned punishmnents.”
416.Article 575 of the Islamic penal code states:
“In case judicial authorities or other competent officers, in contravention of
the law, issue the order of arrest, or criminal prosecution, or conviction of an
individual, they shall be sentenced to pennanent dismissal from their judicial
position and deprivation of government employment for 5 years.”
417.Article 576 of the Islamic penal code states:
“In case an official, staff, or agent of government or a municipality, of any
rank or position, abuses his authority and prevents the implementation of
written government orders, state laws, orders and decrees of judicial
authorities, or any order issued by a legal authority, he shall be sentenced to
dismissal from govenimnent employment and 5 years imnpri soninent.”
418.Article 579 of the Islamic penal code states:
“In case a government agent inflicts a more severe punishmnent than the one
stipulated in the conviction on a convicted person, he shall be sentenced to
imprisonment from 6 months to 3 years. In case the action is authorized by
another person, only the authorizing person shall be sentenced to the said
punishmnent. In case the action results in qisas or d/yeh, the perpetrator shall
be convicted of its punishmnent as well. In case the action results in any other
crime, its punishmnent, based on the case, shall be imnplemnented in regard to
the perpetrator or the authorizing person.
Paragraph 7 of article 14 and double jeopardy
419. No one shall be prosecuted, tried, or punished again for an offence for
which he has already been finally convicted or acquitted, even if he has
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been pardoned or his offence becomes subject to the statute of limitations
or for any reason his conviction is no longer iinpleinentable. Therefore, if
the court issues an opinion that is construed as verdict, it cannot be tried
again and the criminal matter is closed (article 6 of the law of procedure of
general and revolutionary courts, approved in 1999).
420. There is no mention of “double jeopardy” in Iranian laws. However, there
is an article in the Islamic penal code that has been subjected to various
interpretations. Some jurists and judges interpret it in such a maimer as to
legitimize double jeopardy in the case of Iranian citizens, while others have
a contrary interpretation. Various interpretations of the Islamic penal code
is discussed in the main Appendix 50.
Article 15
421. Article 11 of the Islamic penal code states the following in regard to the
commuting, intensification, or nullification of punishments:
“In governmental rules and systems, punishments and security and
Correctional Measures shall be based on laws that have been legislated prior
to the occurrence of the crime, and no commission or omission may be
punished based on a later law. However, in case a law is passed after the
occurrence of the crime which reduces its punishment or nullifies it
altogether, or in some way is more lenient toward the perpetrator, it shall
influence the crimes committed prior to the law and in process of
adjudication. In case a verdict has become enforceable, it shall be
implemented as follows:
• In case, in the past, an action was considered a crime, but is not in
accordance with the new law, the final verdict shall not be enforced, and
if it is in the process of implementation, it shall be suspended. In these
two cases and in case the verdict has been already enforced, there shall be
no criminal consequences. These regulations shall not apply to the rules
that are legislated for specific periods of time or for specific crimes.
• In case the punishment for a crime is reduced by a new law, the
convicted person may ask for a reduction of his sentence. In such case,
the issuing court or its substitute shall reduce the sentence in accordance
with the new law.
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• In case the punishment for a crime is changed into a security or
corrective measure, only these measures shall be the basis of verdicts.”
422. In light of the contents of the first paragraph of article 11 and the procedure
followed by courts, it is clear that the law determining the punishment for
the crime must be in place prior to the occurrence of the crime and the later
law does not influence the intensification of punishmnents given for the
commission or omission of an act.
423 . An example of the reduction of a sentence relating to the legislation of the
law of establishmnent of juvenile courts is the elimnination of the sentence of
execution and life imnprisonmnent for children and young adults. In addition,
the law classifies children and considers lighter sentences for those of
lower age (see Auxiliary Appendix 49/1). Clearly, in case of passage of
this law, these lighter sentences will retroactively apply to those convicted
prior to its approval.
424. It should be noted that no laws have been passed as of yet in connection
with paragraph 2 of article 15 of the covenant.
Article 16
425. Capacity is of two types: the capacity to enjoy (tamattu ) rights, which is
possessed by all humnans, and legal capacity (tsttfii ), which has conditions.
According to article 956 of Iran's civil code, all humans have the capacity
to possess rights, even a newborn is possessed of this capacity (article 957
of the civil code). However, legal capacity implies the ability to enforce the
rights deriving from the capacity to possess rights, which is not the case for
incompetent persons.
426.Article 956 of the civil code states the following in regard to the capacity
to possess rights (tamattu ):
“The capacity to possess rights begins with the birth of a humnan being and
ends with his death.”
427.Article 957 of the civil code states:
“A child in the womb will enjoy civil rights provided that it is born alive.”
428.Article 958 of the civil code states:
“Every humnan being is entitled to civil rights but nobody can utilize and
employ these rights unless he possesses legal capacity for so doing.”
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429.Article 959 of the civil code states:
“Nobody can alienate himself entirely from the enjoyment or use of the
whole or part of his civil rights.”
430.Article 961 of the civil code states:
“Foreign nationals are also entitled to the enjoyment of civil rights with the
following exceptions:
a. In respect of rights which are recognized by law as being explicitly
and exclusively for Iranian subjects or explicitly denied to foreign
nationals.
b. In respect of rights concerning personal status which are not accepted
by the law of the govenimnent of the foreign national.
c. In respect of special rights created solely from the point of view of the
Iranian people.”
431 . In regard to certain articles of the civil code, such as the capacity to
transact, insanity, and incompetence of real and legal persons see the main
Appendix 51.
Article 17
432. Article 22 of the constitution states:
“The dignity, life, property, rights, residence, and occupation of the
individual are inviolate, except in cases sanctioned by law.”
433.Article 23 of the constitution states:
“The investigation of individuals' beliefs is forbidden, and no one may be
harassed or taken to task simply for holding a certain belief.”
434.Article 25 of the constitution states:
“The inspection of letters and the failure to deliver them, the recording and
disclosure of telephone conversations, the disclosure of telegraphic and telex
communications, censorship, or the willful failure to transmit them,
eavesdropping, and all fonns of covert investigation are forbidden, except as
provided by law.”
435. In regard to employment, article 28 states:
“Everyone has the right to choose any occupation he wishes, if it is not
contrary to Islam and the public interests, and does not infringe the rights of
others.”
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436.111 regard to place of residence, article 33 states:
“No one can be banished from his place of residence, prevented from
residing in the place of his choice, or compelled to reside in a given locality,
except in cases provided by law.”
437. As was discussed previously, according to article 570 of the Islamic penal
code, depriving individuals of their freedom is considered punishable by
law:
438. “Any government official or agent who, in contravention of the law,
violates the personal freedom of the people or deprives them from the
rights stipulated in the constitution, in addition to dismissal and deprivation
of government employment from 3 to 5 years, shall be sentenced to
imprisonment from 6 months to 3 years.”
Violations of law and order forces
439. See Verdict No. 7 13-87 of the second branch of the Khorasan Razavi
military court #1, in regard to the conviction of 4 military and civilian
individuals for illegal entry into a home, bribery, and possession and
transport of narcotics. (Auxiliary Appendix 63)
440. See Verdict No. 248/85 in regard to the conviction of a Basij persommel for
illegal entry into a home.
441. See Verdict No. 169/86 of the second branch of the Tehran military court
#1, in regard to bribery and extortion, illegal arrest, and unauthorized entry
into private homes.
442.Article 582 of the Islamic penal code states the following in regard to
wiretapping or inspection of letters:
“Any government employee or agent who opens, confiscates, destroys,
inspects, records, eavesdrops, any postal parcel, telegraph, or telephone
conversation, in cases other than provided by law, or divulges their content
without the consent of their owners, shall be sentenced to 1 to 3 years
imnprisonmnent and the mnonetary fine of 6 to 18 mnillion rials.”
443. “Any judicial or non-judicial employee or agent, or any person given a
govenimnental duty, who, without a legal arrangemnent, enters a home
without the permnission or consent of the owner, shall be sentenced to 1
month to 1 year imprisonment, unless he proves that he was forced to obey
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the orders of one of his superiors with the authority to issue the order. In
such case, the punishment shall be served to the issuer of the order. And in
case he is the perpetrator or cause of another crime as well, he shall be
served the punishment for that crime. In case the act is carried out at
nighttime, the perpetrator or issuer of the order shall be given the
maximum sentence.”
444.Article 581 of the Islamic penal code sets a sentence of ito 3 years
imprisonment for govenimnent agents who forcefully gain possession of
others' property.
445. In accordance with article 24 of the law of procedure for general and
revolutionary courts in criminal matters, dated September 19, 1999, the
search of homes and commercial locations by officers, except in cases of
tangible crimes, is to be carried out with the permission of judicial
authorities. Circular No. 1/78/12670, dated February 20, 1999, stipulates:
“The mnethod of action shall be in accordance with the regulations in
chapter 3 of the aforementioned law, and inspections, except in important
and necessary cases, and relegation of absolute and general representations
shall be avoided.”
446. Clearly, given that the legislator has detennined various punishments for
the violation of the rights of individuals, the victims of such violations
have the right to file their comnplaints with the courts and to defend their
rights. In this connection, articles 690 and 696 of the Islamic penal code
extensively deal with the violation of the homes and property of
individuals. For instance, article 690 of the code deals with invasion,
forceful occupation, and violation of the rights of individuals in regard to
their property. Article 691 of the code states the following in regard to
entering a property through force and overpowering: “Any person who
enters a property that is in possession of another person by force and
overpowering, be it fenced or otherwise, or enters it without force and
overpowering but after being given a warning remains there by force and
overpowering, shall be sentenced, based on the case, from 1 to 6 months
imprisonment. In case the perpetrators are two or more persons, and at least
one of them carries a weapon, they shall be sentenced to 1 to 3 years
imnpri sonmnent.”
447. Article 692 of the Islamic penal code states;
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“Whenever a person occupies the property of another person through force
and overpowering, in addition to the lifting of invasion, he shall be
sentenced to 3 months to 1 year imprisonment.”
448.Article 693 of the Islamic penal code states:
“In case a person who, in accordance with a final verdict, is convicted of
dispossession of an immovable property, or lifting of the obstruction of
right, after the implementation of his verdict, again, forcefully occupies the
subject of the verdict or obstructs the right, in addition to the lifting of
invasion, he shall be sentenced to 6 months to 2 years imprisonment.”
449. In regard to forceful entry, article 694 states:
“Whoever enters a home or dwelling by force or threat shall be sentenced to
6 months to 3 years imprisonment. In case the perpetrators are two or more
persons, and at least one of them carries a weapon, they shall be sentenced to
1 to 6 years imprisonment.”
450. Article 695 of the code stipulates maximum sentences for the commitment
of these crimes under certain condition:
“In case the crimes referred to in articles 692 and 693 are committed at
nighttimne, the perpetrator shall be sentenced to mnaximnumn punishmnent.”
451.CircularNo. 1/76/11570, datedJanuary 14, 1997, states:
“Given that according to article 37 of the constitution of the Islamic
Republic of Iran, “Innocence is to be presumed, and no one is to be held
guilty of a charge unless his or her guilt has been established by a competent
court”, and article 39, “All affronts to the dignity and repute of persons
arrested, detained, imprisoned, or banished in accordance with the law,
whatever fonn they may take, are forbidden and liable to punishment”, in
line with the imnplernentation of these articles as well as to protect the honor
and reputation of the accused persons, it is incumnbent that judicial
authorities and honorable judges avoid the announcement of the names and
particulars of accused persons, or the publication of notices about them, or
dissemination of infonnation about the case, prior to the trial and
establishmnent of guilt and issuance of the final verdict.”
452.CircularNo. 1/81/10589, dated June 27, 2002, states:
“Given that dissemination of any infonnation or news is prohibited prior to
the comnpletion of the stages of trial, establishmnent of guilt, and finalization
of verdict, and even judicial authorities are not allowed to publish the
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proceedings in the media prior to the finalization of the criminal verdict,
since the course of trial may result in the establishment of innocence,
therefore, it is expected of judicial authorities, security offices, and the
publishers of bulletins, newsletters, and other publications, to pay sufficient
attention to the contents of note 1 of article 188 of the law of procedure of
general and revolutionary courts in criminal matters, and considering the
dimensions and consequences of such news, avoid the publication of namnes,
charges, and proceedings, in their media.”
453. Discussions of measures in regard to prevention of damage to individuals,
properties, and the economy of the country are contained in the main
Appendix 52.
Article 18
454. Article 23 of the constitution, in a special manner, underlines the freedom
of belief for individuals:
“The investigation of individuals' beliefs is forbidden, and no one may be
harassed or taken to task simply for holding a certain belief.”
455. The individuals' freedom to hold any religious or political belief is
guaranteed under the constitution. No one can be put to trial or punished,
or deprived of social rights owing to a particular belief that is divulged or
discovered in nay manner. Holding a false belief, even though shameful, is
a matter between an individual and his God. In any event, this
constitutional article implies that if through investigation or any other
means, such as a person's confession, it becomes clear that he holds a
specific political or religious belief he may not be harassed or castigated.
456. It appears that this mode of expression in regard to the freedom of belief in
article 23 merely implies the holding of the belief and its simple
expression, i.e. that in case it becomes clear that the individual holds a
heretical belief that, in accordance with the shariah, would classify himn as
an apostate, he cannot be punished. However, article 23 does not guarantee
the freedom to propagate one's belief, nor even the open and public
perfonnance of religious rites. Freedom in regard to such matters relates to
other articles that deal with the freedom of expression, press, perfonnance
of religious rites, and the limnitations contained in these articles.
193
457. In regard to religious freedom, articles 12 to 14 of the constitution clarify
the issue. In accordance with these articles, the followers of the three
religions of Zoroastrianisin, Christianity, and Judaism, and the followers of
other Islamic schools are free to perfonn their religious rites and in regard
to affairs of personal status may act in accordance with their religious
teachings. Therefore, article 14 implies that the followers of these religions
are to be treated with kindness and broadinindedness, and that their
religious beliefs should not prevent them from realizing their social and
citizenship rights.
458. In regard to the fair treatment of non-Muslims, article 14 of the constitution
states:
“In accordance with the sacred verse; (“God does not forbid you to deal
kindly and justly with those who have not fought against you because of
your religion and who have not expelled you from your homes” [ 60:8]), the
govenimnent of the Islamic Republic of Iran and all Mu slims are duty-bound
to treat non-IlViuslirns in confonnity with ethical norms and the principles of
Islamic justice and equity, and to respect their human rights. This principle
applies to all who refrain from engaging in conspiracy or activity against
Islam and the Islamic Republic of Iran.”
459.Article 19 prohibits all fonns of discrimination:
“All people of Iran, whatever the ethnic group or tribe to which they belong,
enjoy equal rights; and color, race, language, and the like, do not bestow any
privilege.”
460.Article 20 speaks of the citizenship rights of all Iranians:
“All citizens of the country, both men and women, equally enjoy the
protection of the law and enjoy all human, political, economic, social, and
cultural rights, in confonnity with Islamic criteria.”
461. In regard to giving privileges to the followers of a particular region, it must
ne noted that adherence to Islam is a condition for holding certain positions
such as a judge, which predates the Islamic Revolution and one that has
existed ever since 1963. Also, article 115 of the constitution stipulates that
the president is to be a Shiite, or that only recognized religious minorities
can hold seats in the Islamic Consultative Assembly.
194
Article 19
462. The constitution of the Islamic Republic of Iran accords special
prominence to the principle of freedom and calls for its unflinching
protection and promotion. Article 2 of the constitution, following its
enumeration of the five principles of monotheism, prophecy, resurrection
in hereafter, divine justice, and iinainate, adds a sixth principle, namely the
dignity and honor of human beings and their freedom attended by
responsibility toward God. In other words, from the viewpoint of the
constitution, the principle of human freedom is placed alongside the other
five principles within the foundational structure of the system of the
Islamic Republic. Of course, from a religious and Islamic point of view,
the constitution considers man as free yet responsible toward God, i.e. the
feeling of freedom is to be attended by a sense of responsibility before
God.
463. Article 9 of the constitution accords such importance to the idea of freedom
and its protection in the Islamic Republic of Iran that it considers it as
inseparable from independence, unity, and territorial integrity. It goes as
far as stating that “no authority has the right to abrogate legitimate
freedoms, not even by enacting laws and regulations for that purpose,
under the pretext of preserving the independence and territorial integrity of
the country.”
464. Paragraph 7 of article 2 of the constitution considers the protection of
political and social freedoms, within the limits of the law, as the
responsibility of the govenimnent of the Islamic Republic of Iran.
465.In the constitution of the Islamic Republic of Iran, in article 14, the
freedom of expression is referred to as the freedom of publications and
press. Article 24 of the constitution states:
‘Publications and the press have freedom of expression except when it is
detrimental to the fundamental principles of Islam or the rights of the public.
The details of this exception will be specified by law.”
466.Article 86 of the constitution states: “Members of the Assembly are
completely free in expressing their views and casting their votes in the
course of perfonning their duties as representatives.”
467.Article 175 states:
195
“The freedom of expression and dissemination of thoughts in the Radio and
Television of the Islamic Republic of Iran must be guaranteed in keeping
with the Islamic criteria and the best interests of the country.” Clearly, from
the mode of expression of article 24 in regard to the freedom of press and
other general principles, including paragraph 7 of article 2 in regard to
political and social freedoms, one can understand the viewpoint of the
constitution in regard to the freedom of expression and views, within the
limits referred to in article 24 and other articles.
468. Among other important symbols of freedom is the freedom of societies,
political or professional associations, and religious societies. Articles 26
and 27 are devoted to this subject. Article 26, on the one hand, underscores
the freedom of fonnation of any society or association provided they do
not violate the principles of independence, freedom, national unity, and the
criteria of Islam, and, on the other hand, the right of individuals to
participate in them or refuse to do so. Based on these principles, the
formation of parties, societies, political or professional associations, as
well as religious societies, whether Islamic or pertaining to one of the
recognized religious minorities, is pennitted provided they do not violate
the principles of independence, freedom, national unity, the criteria of
Islam, or the foundation of the Islamic Republic. No one may be prevented
from participating in the aforementioned groups, or be compelled to
participate in them.
469. The constitution neither in this nor in any other article precludes any class,
group, or professional association from fonning or entering political parties
or groups. However, later, in ordinary laws relating to the army and IRGC,
the members of the armed forces were prohibited from taking part in
political parties; ordinary laws that were not considered as unconstitutional
by the Council of Guardians.
470. Some articles of the constitution contain rules and regulations that may be
viewed as practical guarantees for protection of freedoms stipulated in the
constitution. These include articles 25, 79, and 168.
471 . Article 25 of the constitution states: “The inspection of letters and the
failure to deliver them, the recording and disclosure of telephone
conversations, the disclosure of telegraphic and telex communications,
196
censorship, or the willful failure to transmit them, eavesdropping, and all
forms of covert investigation are forbidden, except as provided by law.”
472.Article 79 of the constitution states: “The proclamation of martial law is
forbidden. In case of war or emergency conditions akin to war, the
govenimnent has the right to impose temporarily certain necessary
restrictions, with the agreement of the Islamic Consultative Assembly.”
This is one of the important measures provided by the constitution in order
to protect freedoms, since clearly the imposition of martial law is one of
the greatest obstacles to public freedoms, especially the freedom of
association, press, and expression of views and beliefs. This indicates the
sensitivity of the constitution in regard to preventing abuse by government
officials by having the authority to announce martial law under the pretext
of order and security.
473.Article 168 of the Constitution states: “Political and press offenses will be
tried openly and in the presence of a jury, in courts of justice. The manner
of the selection of the jury, its powers, and the definition of political
offenses, will be determined by law in accordance with the Islamic
criteria”. This is another provision in the Constitution for the protection of
freedoms of individual citizens in the country. Violations and offences by
the press are related to expressions of opinions and views and
infringements of the generally accepted rules and limitations governing the
press. Moreover, political offences are in a way connected to opposition to
the authority of the govenimnent and or to expression and practicing a set of
political guidelines for the governance of a nation or breaking the
governing laws and rules. For these reasons, they are closely connected to
freedom of expression and opinion.
474. Regarding the limnitations stipulated in the Constitution, it needs to be
explained that except for “freedom of belief', which is mentioned in
absolute and unreserved term in the constitutions of mnany countries and it
appears that article 23 of the Constitution of the Islamic Republic of Iran
also places no limitation, other freedoms like freedom of expression,
freedom to write, assemble and to fonn associations are not absolute and
unconditional. In general, freedoms are only limited by not being
detrimental to public order and interests or against the rights of others or
197
the good morals of the society. In other words, an individual is free to
speak, write and fonn association as long as public security, safety and
morals of the society and the good name and reputation of others are
jeopardized, if not restrictions will be placed on freedoms of individual
citizens.
475. A glance over the Constitution of the Islamic Republic of Iran brings us to
the conclusion that the Constitution applies three standard tests and criteria
to impose limitations on freedoms: Opposing Islamic principles, acting
against public interests and rights, and violating the rights of others.
Opposing Islamic principles and norms figure more prominently among the
reasons for the limitation of freedoms. Article 24 of the Constitution says:
“Publications and the press have freedom of expression except when it is
detrimental to the fundamnental principles of Islam or the rights of the
public.” And according the article 26, “The fonnation of parties, societies,
political or professional associations, as well as religious societies, whether
Islamic or pertaining to one of the recognized religious minorities, is
pennitted provided they do not violate the principles of independence,
freedom, national unity, the criteria of Islam, or the basis of the Islamic
Republic...”, and the article 28 also says: “Everyone has the right to
choose any occupation he wishes, if it is not contrary to Islam and the
public interests, and does not infringe the rights of others.” And article 175
says: “The freedom of expression and dissemnination of thoughts in the
Radio and Television of the Islamic Republic of Iran must be guaranteed in
keeping with the Islamic criteria and the best interests of the country.”
476. Topics such as public interest, public rights and criteria of Islam are
general concepts and subject to interpretation and therefore at least
ordinary laws must give, as far as it is possible, a clear definition and place
a boundary on them specially regarding some of the foundational and
cardinal principles of Islam that in many cases counter with the conflict of
opinion and rulings of religious jurisprudences and in this cases distinction
of which case is in contradiction with the Islamic criteria or is agreeable to
them, is not an easy job and therefore it is necessary to give clear criteria
from them, as far as it is possible in ordinary laws.
198
477. Press law and its executive by-law in chapter three have referred to rights
of press in Iran. Article three of this law states: “The press have the right to
publish the opinions, constructive criticisms, suggestions and explanations
of individuals and govenimnent officials for public infonnation while duly
observing the Islamic teachings and the best interest of the community.”
And in its note where the law speaks about the condition of the
constructive criticism, it says: “Constructive criticism should be based on
logic and reason and void of insult, humiliation and detrimnental effects.”
And in article four of the same law it is said: “No govenimnent or non-
govenimnent official should resort to coercive measures against the press to
publish an article or essay, or attempt to censure and controlling the
press.”, and in next article we read: “The press are lawfully pennitted to
acquire and disseminate domestic and foreign news aimed at enhancing
public awareness by taking into consideration the best interests of the
community and by observing the provisions of the existing law.”
478.In chapter four of the press law, the boundaries of press activities and
domain of their freedom is expressed. In amended article six date
30.1.1379/ 19.4.2000, it is mnentioned: The print media are permitted to
publish news items except in cases when they violate Islamic principles
and codes and public rights as outlined in this chapter:
1. Publishing atheistic articles or issues which are prejudicial to Islamic codes, or,
promoting subjects which might damage the foundation of the Islamic Republic;
2. Propagating obscene and religiously forbidden acts and publishing indecent
pictures and issues which violate public decency;
3. Propagating luxury and extravagance;
4. Creating discord between and among social walks of life specially by raising
ethnic and racial issues;
5. Encouraging and instigating individuals and groups to act against the security,
dignity and interests of the Islamic Republic of Iran within or outside the country;
6. Disclosing and publishing classified documnents, orders and issues, or,
disclosing the secrets of the Armed Forces of the Islamic Republic, military maps
and fortifications, publishing closed-door deliberations of the Islamic Consultative
Assembly or private proceedings of courts of justice and investigations conducted
by judicial authorities without legal permit;
199
7. Insulting Islam and its sanctities, or, offending the Leader of the Revolution and
recognized religious authorities (senior Islamic jun sprudents);
8. Publishing libel against officials, institutions, organizations and individuals in
the country or insulting legal or real persons who are lawfully respected, even by
means of pictures or caricatures;
9. Committing plagiarism or quoting articles from the deviant press, parties and
groups which oppose Islam (inside and outside the country) in such a maimer as to
propagate such ideas (the limits of such offenses shall be defined by the executive
by-law).
Note: Plagiarism means intentional ascription of all or a considerable part of the
works and words of others to one's own, even in the form of translation.
10. Instrumental use of the individuals (men or women) in pictures and context,
humiliation, insult to women gender, propagation of luxury and unlawful and
illegal extravagances.
11. Propagation of rumors and untrue points, and or alteration of the points of other
ones.
12. Publishing subjects/points opposing constitution law.
According to amended article seven, the following activities are banned:
a. Printing and publishing a publication without a license and a publication whose
license has been cancelled, or, one which has been temporarily or pennanently
closed down by a court order.
b. Publishing a publication the greatest part of whose items are incongruous to
subj ects which the applicant has undertaken to publish.
c. Publishing a publication that may be mistaken in name, symbol or format
for the existing publications or those which have been temporarily or
pennanently closed down.
d. Publishing a publication without mentioning the name of its license holder
and the legally responsible director or the address of the publication and its
printing house.
e. Publishing and printing houses, distribution and sales departments of
200
publications are not permitted to publish and distribute publications which the
Press Supervisory Board deems to be in violation of the principle stipulated in
this by-law.
479. According article 10 of this law a supervisory board, comprising the
following persons will supervise the press activity:
a. One of the judges of the state Supreme Court as elected by the Supreme
Judiciary Council.
b. Minister of Islamic Culture and Guidance or his fully authorized
representative.
c. A Majlis deputy as elected by the Majlis.
d. A university professor appointed by the Minister of Culture and Higher
Education.
e. One of the press managing directors as elected by the press.
f. One of the professors of religious teaching appointed by the council of
center of religious teaching in Ghoin.
g. One of the members of the high council of the cultural revolution
appointed by the same council.
Note 1: Two months after this law, the Press Supervisory Board shall be formed
for a period of two years. For subsequent terms it shall be formed one month
before the expiration of the earlier term upon the invitation of the Ministry of
Islamic Culture and Guidance.
Note 2: The sessions of the Press Supervisory Board shall be considered valid
upon the presence of two-thirds of the members and the decisions shall be valid
and binding if adopted by the absolute majority.
Note 3: After due investigation, the Press Supervisory Board will forward its
comments to the Minister of Islamic Culture and Guidance for implementation.
Press offences
480. Article 168 of the constitution law that says, political and press offenses
will be tried openly and in the presence of a jury, in courts of justice, is
201
another arrangements of the constitution law for safeguarding the freedom
of individuals because press offences and guilt related to publishing and
propagating points, opinions and trespassing the criteria and limits of press
and political offences, that in any case are related to opposing the
jurisdiction of the state and showing and applying the political viewpoints
for administration of the state is result of the breach of the enforcing laws,
has close relation to freedom of speech and opinion and determination of
the boundaries of legal and illegal regions is very delicate and it is possible
that by narrow interpretation, paraphrase and niggardly and tight
justification may distinguish many of writings and opinions and political
activities as destructive to the foundation of Islam or public interests and
bring the writer and speaker and party activist to the court and made them
malefactor and by doing so made the freedom, contrary to what has been
the view of the legislator or constitution law, very limited. Compulsion to
arrange open trials and putting the subject to the public opinion and
intervention of the jury that in general is constituted from the people
belonging the different classes and its expressed opinion is reflecting the
common sense and conception of the society, could be an effective factor
regarding the securing the freedom of speech and pen and reducing the
danger of harsh treatment.
481.In describing and elaboration of the press law, we read in article 23:
Should a publication publish articles containing insult, libel and false
statements, or, criticize individuals (real or legal persons), the concerned
party shall have the right to forward a response to the same publication in
writing within a period of one month. Upon receipt, the publication is
obligated to publish, free of charge, such responses and explanations in one
of the two subsequent issues on the same page and column, and in the same
font in which the original article had appeared, provided that the response
does not exceed double the size of the article and does not insult or libel
anybody.
Note 1: If the publication publishes additional matters or explanations beside the
comnplainant's response, the latter has the right to protest again. Meanwhile,
publishing a part of the protester's reply in such a mnanner that it mnight render the
response incomplete or ambiguous, or, adding additional topics to the reply is
202
considered tantamount to non-publishing of the reply and the full text of the
response must be published in a single issue.
Note 2: The response received from candidates during elections must be published
in the first issue of the publication provided the reply is delivered to the newspaper
against receipt at least 6 hours before it goes under print.
Article 24: Those persons, who publish confidential military documents and
orders, and secrets of the Islamic Revolutionary Guards Corps (IRGC), or, maps of
military installations and fortifications during war or peace time in the press, shall
be handed over to the court for trial according to pertinent regulations.
Article 25: If a person, through the press, expressly and overtly instigates and
encourages people to commit crimes against the domestic security or foreign
policies of the state, as specified in the public penal code, and should his/her action
bear adverse consequences, he/she shall be prosecuted and condemned as an
accomplice in that crime. However, if no evidence is found on such consequences
he/she shall be subject to a decision of the religious judge according to Islamic
penal code.
Article 26: Whoever insults Islam and its sanctities through the press and his/her
guilt amnounts to apostasy, shall be sentenced as an apostate and should his/her
offense fall short of apostasy he/she shall be subject to the Islamic penal code.
482. Regarding the observation of Rights and sanctuary of persons, it is
mentioned in article 30 of press law: “Publication of any article containing
slander and libel and use of invective language and derogatory allegations,
etc. against individuals is prohibited and the guilty mnanaging director shall
be referred to judiciary authorities for punishment. Legal proceedings
would follow if, the injured party lodges a complaint against such offenses.
However, should the complainant withdraw his/her complaint the
prosecution would stop at whatever stage it might be.”
203
Statistics on Cultural and Press Affairs
Public Library of the Country
1375
1380
1382
1383
1384
1385
1386
Year Number of library
1047
1502
1577
1580
1641
1729
1758
Cultural Indices and Indicators in 1384/2005 (Book Publication)
Title
Unit
Number
Per cent
compare
year
of change in
to the previous
Titles of published
title
50813
24.2
books
No. of circulation of
million copies
215
22.8
published Books
Titles of translated
title
11826
25.2
books
Tulle of complied books
title
38987
23.9
Number of cultural
centers, art
Exhibition and mosques
at the
End of the year unit 3000 68.2
Cultural Indices and indicators: 1385/2006
Title of Index/Indicator
Number of the titles of published books
Circulation of the published books
Number of the titles of translated books
Circulation of the translated books
Number of the titles of compiled books
Circulation of the compiled books
Unit
Title
Million copies
Tulle
Million copies
Tulle
Million copies
Number
51347
220
10800
44
40550
176
Per cent
compare
year
1.1
2.3
-8.7
...
4/0
...
of change in
to previous
204
Number of the public libraries Unit
1705
...
Number of the members of the public 1000 person
1070
...
libraries
Cultural Indices and indicators: 1386/2007
Title of Index/Indicator
Unit
Number
Per cent
compare
year
of
to
change in
previous
Number of the titles of
Title
54739
6.6
published books
Circulation of the
Million copies
212
-3.6
published books
Number of the titles of
Title
11761
8.9
translated books
Circulation of the
Million copies
42
-4.5
translated books
Number of the titles of
Title
42978
6.0
compiled books
Circulation of the
Million copies
170
-3.4
compiled books
Number of the title of
title
2140
...
newspaper and
magazines
Circulation of the
Million copies
1250
...
newspaper and
magazines
Number of the public
Unit
1756
3.0
libraries
Number of the members
1000 person
1039
-2.9
of the public libraries
Number of the cultural
Unit
4287
42.9
and art centers of
mosques at the end of
the year
Number of the cultural
Unit
233
...
and art institutes
Cultural Indices and indicators: 1387/2008
Title of Index/Indicator
Unit
Number
Per cent
compare
year
of
to
change in
previous
Number of the titles of
Title
55554
1.5
published books
205
Circulation of the
published books
Million copies
218
2.8
Number of the titles of
Title
12305
4.6
translated books
Circulation of the
Million copies
46
9.5
translated books
Number of the titles of
Title
43249
0.6
compiled books
Circulation of the
Million copies
173
1.8
compiled books
Number of the title of
title
2200
...
newspaper and
magazines
Circulation of the
Million copies
1280
...
newspaper and
magazines
Number of the public
Unit
1874
6.7
libraries
Number of the members
1000 person
1127
8.5
of the public libraries
Number of the cultural
Unit
5067
18.2
and art centers of
mosques at the end of
the year
Number of the cultural
Unit
168
-27.9
and art institutes
Number of active
Unit
226
-1.3
cinemas
Number of non-active
Unit
213
7.6
cinemas
Table of operated work
Indices
Year 1383/2004
Year 1384/2005
Year 1385/2006
Year 1386-2007
Number of the
38546
51916
52428
54658
titles of published
books
Circulation of the
169000000
219000000
224137058
211059630
published books
Active publishers
3449
4345
-
-
of the country
(person)
Circulation of the
33000
48000
-
-
children and youth
206
books
Number of the
titles of the
5042
7335
-
-
children book
Newspapers and Magazines
Year/Title
1383
1384
1385
1386
Newspaper and
1240
1943
2050
-
Magazines
Circulation of
62000
67000
65000
-
newspaper and
magazines (in
person)
Circulation of
54000
50000
47000
-
newspapers (in
person)
Newspaper' shop
4300
4800
4200
-
Consumed paper
1700
2000
2000
per capita (gram)
Number of
2447
3564
4080
4468
publicity center
Local papers
420
500
650
660
Non-governmental
8
10
11
12
news agency
Foreign news
103
106
107
121
agencies
representative
Children
25
30
35
40
publications
Private press and
-
-
2
-
publicity
educational
institutes
Electronic
-
-
5
publications
Religious
92
93
100
100
publications
Activities of representatives of international media in Iran
483.Law number 16068/gh, dated 2/3/1366, 22/5/1987, approved by the
Islamic Assembly Council, has determined the goals and duties of the
IVlinistry of Culture and Islamic Guidance. Article 15 of this law is on the
issue of the establishing license , dissolution and supervision of the news
207
agencies and representatives of foreign news agencies and media and
issuance of pennission for activity of foreign and domestic journalists in
Iran.
484. In by-laws of supervision on cultural, art, and publicity activities of foreign
subjects resident in Iran, approved by the Ministry of Culture and Islamic
Guidance, it is emphasized that these activities should not be fulfill by the
official centers, moreover, these activities should be done in respect of the
positions of the Islamic Republic of Iran, standards and regulations of the
country and be not adversary to the public interests.
485. Article five of the above mentioned by-laws announces that the
responsibility of supervision and following up the asserted untrue points by
the foreign journalists belonging to the foreign mass media lies with the
Ministry of Culture and Islamic Guidance who will act directly or through
other means in order reinstate the rights of the Islamic Republic of Iran and
if it be necessary to deport the representative or the journalist of the foreign
media and suspension of the representative's office.
486. It is also said in article 6 of the same by-laws that those representatives and
journalists of foreign mass media whose nationality is non-Iranian, while
reside in Iran are not entitle to work in public and private offices and in
case of violating their identity card and resident pennit will be annulled.
In recent years, in framework of above laws and by-laws, the Ministry of
Culture and Islamic Guidance has prepared many facilities for representatives
and journalists of the foreign mass media notably extension of the validity of
jounialist card from three months to one year and extending the period of their
multiple re-entry visas to three mnonths.
487. One of the important actions of the general director of the foreign media of
the Ministry of Culture and Islamic guidance in area related to the foreign
journalists is the Ministry accord with issuance of license for three private
service institutes for foreign journalists for organizing the activities of free
guides and regulating precise program for non-resident journalists in their
journey to the Islamic Republic of Iran.
488. Foreign journalists in Iran accompanied by their guides or interpreters,
after making necessary coordination with the general director of foreign
208
mass media of the Ministry of Culture and Islamic Guidance to obtain the
necessary permission for having journey to any part of the country in order
to prepare their reports. Among those sites that are within the reach of
foreign journalists, we can refer to the civil and criminal courts. Foreign
journalists, by consent of the president of the court, can attend in open
session of the same courts alike domestic journalists.
489. The number of arriving foreign journalist to the Islamic Republic of Iran
during ten years (1378-1387/1 999-2008) has been 9000 foreign journalists.
These journalists were belonging to broad spectrum of television groups,
newspapers and magazines, radio, news agencies, free journalists, resident
association, photo institute, and mnedia/cultural/ news agencies. These
journalists have been from 61 different nationalities of five continents.
490. Foreign journalists during last ten years have had trips to more than 80
provinces, towns and cities of Iran.
491.In year of 1387/2008, alone, Islamic Republic of Iran has issued 885 press
visa for foreign journalists from which 722 journalists have traveled to
Iran. Moreover, 58 journalists have come to Iran with their Iranian
passport.
492. In year of 13 87/2008, 54 journalists have come to Iran accompanying high
ranking delegations from different countries. In year 1387, there have been
124 representatives of the foreign media in Iran comprising 217 news
persons.
493. In year of 1387, general director of the foreign media of the Ministry of
Culture and Islamic Guidance has approved 113 cases of visa extension, 33
cases of transfer of film and photo to abroad and has issued 685
introductory letters, regarding journalists, to police forces.
494. Top five countries that have sent their journalists to Iran have been:
England, 78 representatives; Gennany, 54 representatives; France, 46
representatives; Japan and the United State each 45 representatives.
495. During last ten years, in Islamic Republic of Iran, only two foreign
journalists have had judicial conviction both of themn have had dual-
nationality of Iranian and foreign one. One of them found guilty for getting
pictures from a prohibited zone in Tehran and doing illegal act by the
court, and another one was acting as journalist while he had no license for
doing so.
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Freedom of press and its limits
496. According the Article twenty four of constitution law of the Islamic
Republic of Iran, publications and the press have freedom of expression
except when it is detrimental to the fundamental principles of Islam or the
rights of the public...
497. According article 6 of press law the print media are pennitted to publish
news items except in cases when they violate Islamic principles and codes
and public rights
498.Article 3 of press law says: The press has the right to publish the opinions,
constructive criticisms, suggestions and explanations of individuals and
govenimnent officials for public information while duly observing the
Islamic teachings and the best interest of the comnmnunity.
499. Based on article 4 of the press law: No governmnent or non-governmnent
official should resort to coercive measures against the press to publish an
article or essay, or attempt to censure and controlling the press.
500. According the article 5 of press law; the press is lawfully permitted to
acquire and disseminate domestic and foreign news aimed at enhancing
public awareness. It is worth to be mentioned that during last 10 years
4768 publication have obtained publishing permission
501.According the article 8 of press law, it is pennissible to publish
publications under the responsibility of real or legal persons with Iranian
capital after obtaining a license from the Ministry of Islamic Culture and
Guidance.
502. Statistics of disseminated publications by the minorities in Iran
Up to year 1380/2001 around 503 titles of books was printed by the ethnical
mninorities amnong which 222 titled was in Kurdish, 216 titled in Azari- 160
titles was about Kurds and 47 titles about those who speak in Azari, and two
titles was about Baluches.
a) Art and cultural festivals section
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Holding 12 social, family, and comedic, and .... film festivals. Holding 11 Iran
tourism festivals on subj ects like nature, handicrafts, native arts, dialogue among
civilization, tribal ceremonies.
B) Cultural exhibition section
Holding 34 exhibition in context of photo, incarnation arts, handicrafts, paintings
Publication section
503. Presently there are more than 10 publications with different dialect from
Azari, Lur, Kurd, and other sect is publishing from then we can refer to
publications such as: Ray-i inellat, Shoura, AAbidar, Sirvan, Maha-bad,
Navid-i Azarbaijan, and Shams-i Tabriz.
504. Nowadays, more than 350 popular associations belonging to the ethnic
groups are active in different domains such as social, cultural, art, services
and Iranology.
Article 20
505.Article 152 of the constitution law says: The foreign policy of the Islamic
Republic of Iran is based upon the rejection of all forms of domination,
both the exertion of it and submission to it, the preservation of the
independence of the country in all respects and its territorial integrity, the
defense of the rights of all Muslims, nonalignment with respect to the
hegeinonic superpowers, and the maintenance of mutually peaceful
relations with all non-belligerent States.
In articl2 of constitution law it is emphasized that: Negation of all forms of
oppression, both the infliction of and the submnission to it..
506. In article 3 of constitution law, one of the goals of Islamic Republic of Iran
has introduced as: “the complete elimnination of imperialism and the
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prevention of foreign influence”, “the elimination of all forms of despotism
and autocracy and all attempts to monopolize power”, “framing the foreign
policy of the country on the basis of Islamic criteria, fraternal commitment
to all Muslims, and unsparing support to the freedom fighters of the
world.”
507. And in article nine of the constitution law of the Islamic Republic of Iran,
this law has emphasized on safeguarding independence and territorial
integrity of the country and making any infringement from any one with
any rank has been prohibited.
508. By noticing that the policy of the Islamic Republic of Iran is based on
negation of all forms of oppression, both infliction of and submission to it,
and condemns any provocation and persuasion aiming to produce
difference in foreign relations of the Islamic Republic of Iran with another
countries, and knowing it entitled to sanction and adverse to its security,
some of laws has indicate this points in different mnanners.
509.Based on article 25 of press law, ratified in 1364/1985, “If a person,
through the press, expressly and overtly instigates and encourages people
to commit crimes against the domestic security or foreign policies of the
state, as specified in the public penal code, and should his/her action bear
adverse consequences, he/she shall be prosecuted and condemned as an
accomplice in that crime. However, if no evidence is found on such
consequences he/she shall be subject to a decision of the religious judge
according to Islamic penal code.”
510. Perhaps the most important law that can be referred to in this regard, is the
penal code of penalties in armed forces, ratified in 1382/2003, that in
article 20 states: “Any mnilitary person who act in any way for
dismembering of any parts of the territory of the Islamic Republic of Iran
or inflict any hurt to the territorial integrity or independence of the country
of the Islamic Republic of Iran will be condemned to the penalty of
belligerent.” This is necessary to add that inflicting any hurt to
independence and territorial integrity of the country could means
provocation and persuasion to quarrel and war with other countries.
511 . In the same law, article 34, it is said that, “Each of commanders or
responsible mnilitary personnel without having any order or without
pennission or without having compulsion to act as a counter-measure, to
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act against military forces or subjects of any state which is not in war with
Iran, through anned attack or compel some persons to do so or commit any
hostile act against the forces which are under his command in the territory
of the country which is not in war with Iran, if his acts produce any
disorder in internal or external security of that country, he will be
condemned to the penalty of belligerent, otherwise he will be condemned
to three to fifteen years imprisonment.
512. In the same law, article 35, it is also mentioned that if military commanders
or responsible military person after receiving the order of cessation of war
operation, but to continue that operation will be punished (3 to 10 years
ilnpri sonment).
513. In Islamic penal code, article 512, it is also mentioned that: Any one,
tending to disturb the country' security, to entice or provoke people to war
and killing each other, regardless that his action do not accrue any
homicide or havoc, will be condemned to one up to five years
ilnpri sonmnent.
514.Article 610 of the same law states: “Whenever two persons or more come
together and make conspiracy to commit some criminal acts against
internal or external security of the country or make necessary preparations
in order to do so, if they be not entitled to belligerent, they will condemned
to two up to five years imprisonment.”
515. Article 611 of the same law also says: “Whenever two persons or more
come together and make conspiracy in order to act against prestige and life
or properties of the people and had made also necessary preparations but
they do not succeed due to the circumstances out of their own actions,
respecting the course of action, they will condemned to six months to three
years imprisonment.
Regarding paragraph two of article 20 we can refer to the following laws:
516.Article 2 of press law, has numerate one of the duties of press in the
Islamic Republic of Iran as such: “To endeavor to negate the drawing up of
false and divisive lines, or, pitting different groups of the community
against each other by practices such as dividing people by race, language,
customs, local traditions, and...”
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517. Article 6 of the same law (paragraph 4), where describe the boundaries of
the content of publications, prevents them from “Creating discord between
and among social walks of life specially by raising ethnic and racial
issues”.
518. In article 34 of the same law, it is referred to the examination of the
committed offences by the press in presence of jury. (For consideration of
the samples of the given Rulings regarding in default publications refer to
the documentary exhibits of article 26).
519. The most imnportant law that is referable and it is codified specially on this
point, is law of punishment for propagation of racial discrimination,
ratified in 1356/1977, that its first article says: “Propagation of any opinion
base on discrimination of race, gender, and racial disgust and provocation
for discrimination on base of race, and or gender through any public
publicity means against any group that be different from race, gender,
color, and ethnical point of view and to give any donation or financial aid
to racial activities is forbidden and whoever committed such acts will be
condemned to up to six months misdemeanor imprisonment or to
pecuniary punishmnent from ten thousand up to fifty thousand Rls. Unless
the committed act according to the other laws be punishable to more harsh
sanction which in this case most harsh sanction would be applicable.
520. Relate note of the same article states that in this law public publicity mneans
are delivering speeches in public gathering or radio or television, issuance
of declaration, printing and publishing the books, newspaper, and
magazine, movie perfonnance , and so on.
521 . Article 2 of the same article says: “any one intentionally for propagation of
discrimination on base of race, sect, or gender or in order to make dislike
or hostility or in order to create discord based on race or sect or gender is
going to establish an association or to admninister such association will be
condemned to from three months up to one year misdemeanor
imnprisonmnent or to pecuniary punishmnent from ten thousand up to on
hundred thousand Rls. The penalty of accepting the membership of such
association would be lower limit of the above mentioned sanctions.
Article twenty one
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522.Article 27 of constitution law is saying: “Public gatherings and marches
may be freely held, provided arms are not carried and that they are not
detrimental to the fundamental principles of Islam.”
523. In connection with organizing the gatherings and marches, referred to in
article 27 of constitution law, note 2 of article 6 has announced such
freedom by two different tone: Organizing the gatherings would be subject
to the concur of the Interior Ministry and holding the mnarches is subject to
pre notice of the Ministry of interior provided the participants do not carry
weapon and the marches be not detrimental to the fundamental principles
of Islam; as it is mnentioned in article 27.
524. The said note says: “Holding marches provided that Ministry of Interior to
be informed and according to the distinction of Commission of article 10,
to be not detrimental to the fundamental of Islam, and also making
assembly in squares and national parks with the permission of the Ministry
of Interior is free”.
Article twenty two
525.According to the article 26 Center for Improvement and Training of
iii, the fonnation of parties, societies, political or professional associations,
as well as religious societies, whether Islamic or pertaining to one of the
recognized religious minorities, is permitted provided they do not violate
the principles of independence, freedom, national unity, the criteria of
Islam, or the basis of the Islamic Republic. For accomplishment of this
article and providing limits and regulations related to the establishment of
parties and societies and safeguarding lawful freedom in establishing and
their activities and securing freedom of marches and establishment of
assemblies, law of activity of parties, societies, and political and guild
associations as well as Islamic associations or association of religious
minorities whose religion is recognized was ratified by the Islamic
Assembly Council in Shahrivar 13 60/ September 1982. (look appendix 1).
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526. In this law, party, assembly, Islamic association and the association of the
religious minority is described and procedure regarding registration and
obtaining license is mentioned. According to the article 6, activity of the
groupings is free provided the do not any offences mentioned in article 26
of Center for Improvement and Training and article 16 in fact somewhat
has stated the limits inserted in article 26 of Center for Improvement and
Training (regarding parties and groupings) and has mentioned some
applicability of it.
527.Banned cases, related to article 16, in short, are refraining from:
Committing acts which may violate independence of the state, exchange of
infonnation and collusion with embassies, receiving any kind of financial
assistance from foreigners, violation of legitimate freedom of others,
resorting to accusations, slander and rumor inongering, violation of
national unity and planning to disintegrate the country, making efforts to
create and intensify the division within ranks of the nation, violating
Islamic standards , anti-Islamic propaganda and publication of seditious
books and literature, hiding, keeping and carrying unauthorized anns and
ammunitions.
528. In article 10 of this law, the establishment of a commission in order to
examine the competency of applicants to create such groupings, to issue
the activity license for them and to identify their trespassing from the
regulations of article 16, is foreseen. This commission is comprised from:
1. State Public Prosecutor's representative, 2. High Judiciary Council's
representative (now is the representative of the chief of Judiciary Power),
3. Ministry of the Interior's representative, 4. Two representatives elected
by the Majlis from among the members of the Majlis or outside.
529. The mentioned Commission is required to consider the incoming files in
turn, and take necessary decision regarding issuance of license for the or to
reject to do so by giving its reasoning and the Ministry of Interior also
according to article 9, is obliged after approval of the said Commission,
within two days to issue their licenses signing by the Minister of Interior. If
within three mnonths after the turn is reached the Comnmnission refrains from
expressing a view without giving a cause therefore, then the Ministry of the
Interior is required to issue the requested license (article 12). If by the
distinction of the Comnmnission of article 10, the organizational activities of
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a group give rise to the violations mentioned in Article 16, then the
Commission can act up to seizure and cancellation of license but is not
entitled to dissolve the group, instead it can ask the court about the
dissolution of the court.
530. The authority to investigate complaints lodged by the article 10
Commission is the justice courts with due regard to the Article 168 of the
Constitution, which must constitute with the presence of jury (article 13).
531 . Article 19, is asking the Supreme Judicial Council is required to prepare
the bill for fonnation of the jury for justice courts, subject matter of Article
168 of the Constitution, within one month from the date of ratification of
this law, though it seems that this action has not fulfilled yet. It seems that
the legislator has identified the committed offences of parties and
grouping, numerated in article 16, applicable to the political offence the
examination about them should be done, according to article 168 of Center
for Improvement and Training, in justice courts with the presence of the
jury.
532. It seems that law concerning the activity of parties and groupings, ratified
in 1360/1 981, by establishment of Comnmnission of article 10, whose most
members are from the representative of Majlis and Judicial Power, and
with this assumnption that these institutions are advocating the freedom, and
legal rights of people and referring the offences of parties to the justice
courts and also asking the dissolution of them from same courts, and clear
expression that these courts should be convened openly and in presence of
the jury, indicates that the mnentioned law is trying to take positive steps for
realization of basic freedom of Center for Improvement and Training.
Article twenty three
533. In Center for Improvement and Training and other law there are many
cases regarding preserving and respect of the family and observing equal
rights amnong mnan and womnan without discrimnination and special attention
to women. Article twenty of Center for Improvement and Training says:
All citizens of the country, both mnen and womnen, equally enjoy the
protection of the law and enjoy all human, political, economic, social, and
cultural rights, in confonnity with Islamic criteria.
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534. Article twenty first is saying: The government must ensure the rights of
women in all respects, in conformity with Islamic criteria, and accomplish
the following goals:
- create a favorable environment for the growth of woman's personality and
the restoration of her rights, both the material and intellectual;
- the protection of mothers, particularly during pregnancy and child-
rearing, and the protection of children without guardians;
- establishing competent courts to protect and preserve the family;
- the provision of special insurance for widows, aged women, and women
without support;
- the Rulinging of guardianship of children to worthy mothers, in order to
protect the interests of the children, in the absence of a legal guardian.
535. Third article of Center for Improvement and Training says: “the
govenimnent of the Islamic Republic of Iran has the duty of directing all its
resources to reach the goals set by the article 2, in order to achieve the
followings:
536. Paragraph 2- the abolition of all forms of undesirable discrimination and
the provision of equitable opportunities for all, in both the material and the
intellectual spheres;
537. Paragraph 14- securing the multifarious rights of all citizens, both women
and men, and providing legal protection for all, as well as the equality of
all before the law.”
538. Necessity of discussion on instituting the family from Islam viewpoint and
the laws of the Islamic Republic of Iran has begun by the pursuing the
interest of humnan and in its extension reach to the interests of the society.
By noticing the fact that any defect in the marriage and negligence to
family will cause damages and will bring about severe social and
individual injuries, policy mnaking and legislative authorities of the Islamic
Republic of Iran in order to protect fully the rights of individuals, has
anticipated many important laws and executive actions.
539. The concept of family in the Islamic Republic of Iran means a legal unit
that is instituted at least from one mnan and one womnan with the mnarriage
relation and according to the preamble of Center for Improvement and
Training of the Islamic Republic of Iran it is described as such: “The
family is the fundamnental unit of society and the mnain center for the
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growth and edification of human being. Compatibility with respect to
belief and ideal, which provides the primary basis for man's development
and growth, is the mnain consideration in the establishmnent of a family. It is
the duty of the Islamic govenimnent to provide the necessary facilities for
the attainmnent of this goal”. For this reason, the Islamic Republic of Iran in
order to make this principles executive has enacted proper laws and taking
proper strategies in order to fulfill it and to remove its defects.
540. In article 10, of Center for Improvement and Training, it is said: “Since the
family is the fundamnental unit of Islamic society, all laws, regulations, and
pertinent programs must tend to facilitate the fonnation of a family, and to
safeguard its sanctity and the stability of family relations on the basis of the
law and the ethics of Islam.”
541 . After Center for Improvement and Training, one the most important law
that is enacted id civil law that elaborates the necessary conditions of the
mnarriage. According to this law, since the marriage is a contract, both
parties should be sane, mature, and intentional. Based on laws of the
Islamic Republic of Iran, marriage is included in personal status, and
happen in conformity with religion and faith. Each party based on his/her
special religious ceremony and his/her religious law acts for mnarriage and
instituting the family life. They have mnarried together by special religious
ceremony and are enjoying the related rights. Of course for better support
from the rights of women, the men are obliged to register their mnarriage.
Also, since the mnarriage is a contract, parties are eligible to put any
condition that they wish. In general it is so that the put a clause under the
contract and both sign it and that is belong to the husband. This clause is
that half of the assets goes to the wife.
542. According to the article 1041 of civil law, marriage before full age is
banned. Based on note of the same article, contract of marriage before the
full age, provided the custodian authorizes such mnarriage, the contract
would be correct. Therefore marriage of the girl before reaching the age of
13(in full based on the solar year), and boy before reaching to 15 (in full
based on the solar year) requiring the permission of father and observing
the expediency is in hand of the competent court. Article 646 of the same
law, has laid down from 6 months up to 2 years forbearance imprisonment
for mnarriages before the full ages that occurred without the pennission of
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the father. Intention and consent in marriage is essential condition and each
party must voluntary and freely to contract the proposed marriage
otherwise the contract of marriage would not be realized. According to the
resolution dated 15.5.137 1, 6 August 1992, of High Court of Cassation,
coercive marriage is void and need not to be divorced. Both parties also
should be sane and if one of them suffers from mental disturbances they
would not be able to marriage.
543. Regarding the sacred religious law and Islamic law, marriage to
consanguineous relatives that be of next kin, having close relation, and
with a group of person because of relative-in law is always banned.
544. According to the article 1060 of the civil law, the marriage of Iranian
womnan with a foreign national even it has no any legal ban, is subject to
the approval of the govenimnent. This article is regulated in a way that if the
set condition was not observed by the parties, the mnarriage will not become
void. It mneans that if a woman without getting the said permission from the
govenimnent mnarried to a foreigner while the other set conditions for
correction of a marriage has fulfilled, the marriage would not be invalid but
there would be some difficulties in registration. In fact this article lay down
some limnitation in choosing the husband with deferent nationality and is
mainly set for support of Iranian women. Therefore those conditions that
are set for issuing the marriage license in the Marriage By-law of Iranian
Womnen, ratified in 1345, 1966, and its annexed not ratified in 1349, 1970,
is mnainly a security clause insuring that the husband has enough financial
mean to support the expenses of his wife and also to get assurances that the
mnarriage will be recognized valid by the law of the country of the husband
and to find out that whether husband has had any criminal record or not.
545. In order to vacillate the marriage of youth several law has been approved
by the Islamic Assembly Council. Based on these laws in order to enhance
ability of the youth enable themn to institute the family, the govenimnent is
obliged to create a deposit fund and by constructing temnporary house make
themn available to the young couples. It is also laid down that if in young
families none of the couple had no any job, up to two years they get
allowance and Ministry of Science and Higher Education is obliged to
increase subsidies of the married students two time of the subsidies of the
single ones.
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546. Regarding the fact that society in Iran is very young, and parallel to other
activities in order to assist young generation for instituting family, a fund
under the title of Mehr-i Reza has begun its official activities in early
months of 1385/2006. Strategic policy and macro program of the fund is
deciding by the Board of Trustees, and President and some Ministers.
Presently this fund is active in 336 cities of the country. This fund provide
following assistances for the marriage such as purchasing the household
items, House, and small projects with rapid output for young. The facilities
will pay by the relevant executive bodies. This fund by considering the
basic needs of the young is trying to solve the problem of mnarriage of the
young generation.
547. In 1380/2001, deputy for education and research of Judicial Power
constituted a general director under the title of “popular educations”. The
new administration begun to render general education and giving
infonnation to the public in different spheres including the rights of family
enhancing law knowledge of the society, preventing of committing crime,
judicial health, family rights, and. . . focusing Iranians inside and outside of
country.
548. In this field, there has edited and prepared 193 leaflets in simple fonn
which is distributing freely among people in judicial complexes, parks,
gathering halls, public cultural assemblies, cultural houses. One part of
these educational leaflets that describe law materials in simple version are
related to the family topics among which the following subjects are
notable: What everyone should know about mnarriage, extra clause in
mnarriage contract, wife expenses and one can regulate a petition,
dissolution of marriage (divorce, annulment, waiving remaining period in
temporary mnarriage), dowry, condition of payment of Religious expenses
and fair equivalent remuneration to wife, inheritance of husband and wife,
rights and duties of husband and wife in civil law, selling the dowry by
man, remnarriage and rights of wives, marriage with a divorcee woman,
impoundment of mulct and withdrawing dowry from it, calculation of
dowry after the dead of husband, dowry and inheritance applicable to the
temporary mnarriage, registration and omission of marriage and divorce
from the birth certificate, residency and occupation of couples, hardship
and poverty of wife and demand for divorce by wife, questions and
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answers regarding issuing certificate of impossibility of compromise for
rendering the fonnula of divorce, questions and answers regarding
conception of divorce and precedent guarantee, insane of man and woman
after rendering of marriage contract, arbitration in divorce case, financial
rights of woman in permanent and non-permanent marriages, dissolution of
non-pennanent marriage contract, certificate on impossibility of
compromise and period of its validity, different types of divorce, rights and
responsibilities of mninor, adult and mnature, adoption, limits of crimninal
responsibility of the minors and manner of examination of the minors,
abortion, law and child feeding, custody of the minor child after the death
of his father, children expenses, custodian right of the mother to her child,
condition of accepting petition for abortion.
549.Preparation and edition of 220 guiding card for those who come to the
Ministry of Justice( regarding the mnanner of regulating the petition, writing
and presenting complains). These cards are available in the offices of
judicial assistance, and guidance. Moreover there has been 37 educational
workshop in cultural houses, and house of culture of the Tehran
municipality for educating the families, holding 20 educational workshop
in schools of Tehran, holding 5 imaginary courts for students at
intennediary level of educational system, and cooperation with Tehran
metro and Mehrabad Airport for dissemination of fellow citizen rights'
message through television systems of those centers, has been other
executed program of the deputy for education and research of the Judicial
Power.
550. According to article 1106 of civil law, husband is responsible for the
expenses of his wife. Article 1107 of civil law has described these
expenses which according the amnendmnent dated 17.9.1381/8.12.2002, of
the Islamic Assembly Council (The law of amendment of some articles of
civil law) wife expenses is all reasonable needs and appropriate with the
position of wife such as house, food, house furniture, health and remedy
and servant in case of use to or in case of disability or illness. Also, wife
mnust reside in the house that husband is choosing. Of course it is the right
of woman to add a clause in mnarriage contract through which she decides
about the house. Wife also can independently to consumne her asset in a
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way that she wishes. Women also in the Islamic Republic of Iran holding
their own name and family name after marriage.
551 . According to the marriage law, ratified in 1310/ 1931, husband is obliged
to register his permanent/non-permanent mnarriages, divorce, and his
recourse of mnarriage. From the criminal aspect, legislature has supported
the women's rights; article 645 of the Islamic penal code, ratified in
1375/1996, says: “In order to safeguard the family institution, registration
of pennanent marriage, divorce, and recourse to mnarriage is necessary and
if a man without registration in notary public to mnarry permanently or
divorce or recourse to the mnarriage, he will condemned to correctional
imnprisonmnent up to one year. It is good to mnention that Guardian Council
has declared the criminal aspect of article 1 of mnarriage non-Islamic.
552. According to the civil law, woman applies of divorce on following reasons:
1) If the husband do not pay the wife expenses
2) If the continuation of the mnarriage causes hardship and poverty
3) If the wife has got power of attorney for divorce from her husband.
554. Wife, also, according to the paragraph 41 of the same law, wife in case of
fraud and confessed defect is entitled to ask for divorce and to claim damage
occurred from the confessed defect and misrepresentation.
555. In case of divorce under paragraph 42, woman is entitled to be benefited of
financial rights and good behavior of husband at the time of separation. She is
entitle to receive her dowry, trousseau, fair equivalent remuneration, religious
expenses and material rights that according to the conditions which has been laid in
marriage contract. Husband is obliged to pay expenses as far as he could be called
the head of the family. After divorce, the joint living of husband and wife comes to
the end. It is also assumnable that half of the assets go to the wife.
556. In article 1119 of civil law, the legislature says: “Contracting parties of
marriage can insert any clause to the marriage contract provided they were not
contrary to the exigencies of the mnarriage contract or other binding contract. For
example one can insert in the mnarriage contract that if the husband mnarried to
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another woman, or to be absent for definite period or be not able to afford his
wife's expenses, or to attempt upon his wife's life, or having such behavior that the
continuance of the joint living be impossible, woman be attorney with right of
substitution that after proving the laid clause in the court and issue of the final
Ruling from the court make herself divorced. (Please refer to sub annexation No.
76 and 89).
557. According to the article 1128 of civil law, both husband and wife under some
circumstances are entitled to annul the marriage contract. According to this article
“if from one party a particular clause has been set and after the marriage it was
proved that he/she had no such peculiarity, other party is entitled to ask for
annulment of the marriage, whether that peculiarity has been write in contract
explicitly or the contract by some difference has been contracted.” On this base,
legislature has anticipated some punishmnent for mnisrepresentation/fraud and in
article 647 of Islamic Penal code has laid down that: “If before the rendering the
marriage contract one of the couple deceive other party by pretending some
illusionary things such as having high education, enjoying good financial support,
top social position, good occupation, being single, and so on, and marriage contract
be concluded on such bases, the party who has committed fraud will be condemned
to correcting imprisonment from 6 months up to 3 years.” Regarding the right of
divorce for women, it should be said that: “by amending some article of the civil
law( ratified on 19.8. 1381/10.11.2002), new article 1133 says that mnan by
observing condition laid down by this law can refer to the court and demand for the
divorce (contrary to the previous law that was saying man can divorce his wife
whenever he wants to do so). In the mneanwhile by adding one new not to this
article, wife can demand for divorce if the conditions set by the article 1119 was
realized (clause put to the contract, article 1129 of civil law (abstraction from
paying wife expenses or inability or to be impossible to force him to pay his wife
expenses) and article 1130 of civil law (hardship and poverty).
558. Recently Judicial system by issuing a tentative circulation has detennine the
time of consideration of different judicial file, including files regarding family in
order to optimize the period of these sort of examination and issuance the final
Ruling. According to the same circulation the courts are obliged to examine and
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finalize each given case within the detennined time and if a file did not finalized in
due time to report the cause/causes to the higher authority.
line
case
Maximum period for
consideration and
giving Ruling (months)
1
Divorce by accord of the parties
2.5
2
Divorce
6
3
Reclaim of dowry
4
4
Custody of child(ren)
2.5
5
Access to the child(ren)
2
6
Claim for dowry
3
7
Demand for expenses
3.5
8
Fair equivalent remuneration for period of
marriage and religious expenses
4
9
Pennission for remnarriage
4
10
Obedience
3.5
11
Negation of marriage
4
12
Nullification of marriage, waiving of the
remaining period of temnporary marriage
5
13
Maturity Ruling
20 days
14
Prove of parentage
6
15
Negation of child
4
16
Indigence and installment of dowry
3
17
Demand for nullification of marriage
3
18
Prove of non-obedience
19
19
Appointing custodian and steward and
annexation of trustee and dismiss of themn
2
20
Distress
1.5
21
Compulsion to register the permanent
mnarriage
2
22
Compulsion to register the non-pennanent
mnarriage
2.5
23
Comnpulsion to fulfill the conditions
4
225
inserted in marriage contract
24
Request for the permission for the
marriage since the father of the virgin girl
do not intend to do so
2.5
25
Prove of marriage
4
26
Pennission for having journey to abrod
1.5
27
Rehearing
6
28
Reclaim of fostering baby
2
29
Reclaim of Grant paid to the mnother of
wife under the title of milk-money
4
30
Restrain the wife to work
3.5
31
Wardship and its cancellation
3.5
559. By paying attention to the role of mnother and duty and responsibility of the
women in this rile, legislature has had special attention in this regard mnany laws
has been ratified notably article 21 of Center for Improvement and Training in
support of mothers particularly during pregnancy and child-rearing, guardianship
of children, protection of mothers during pregnancy, regulating and control of
pregnancy and enjoying from proper training and possibilities in this regard, and
article 622 of the Islamic Penal Code has also some provision on harassment and
misbehavior with the pregnant and safeguarding the health of mothers and their
babies and rights of women to work, and half time work for the women.
560. For support from establishment and development of non-governmnental
organization, civil institutions, grouping and women syndicates, one can refer to 23
imnportant projects each enjoying huge budget presented to the Majlis in fonn of a
comprehensive bill. Moreover, in budget of year 1386/2007, the govenimnent had
allocated 470000 million Rials to non-governmental and women groupings in form
of grant and not repayable credit. It is worthy to be mentioned that the number of
NGOs at the end of 1386, March 2008, has been 980 units which in compare with
1376/1997 it has increased 16 times.
561. Center for women and family in President Office, has prepared different
projects for further finnness of families and prevention of disintegrating of them;
the projects that many of them are executing among which we can refer to
226
education project. The aim of these projects is solidarity of the family foundation
and effectiveness of family operation. Up to now 160915 persons belonging to the
civil servants section of the govenimnent has participated in the above program.
562. Regarding progress and developments fulfilled in favor of women and in
judicial precedent during last 12 years one can refer to the following cases:
a. amendment of article 1107 of the Civil Code regarding the expenses of wives
(1381/2002), according to the amendment of the mentioned article, wife expenses
is all reasonable needs and appropriate with the position of wife such as house,
food, house furniture, health and remedy and servant in case of use to or in case of
disability or illness, in which the cost of health and remedy is added in examples.
b. amendment of article 1082 of the Civil Code regarding dowry of wife (
1375/1996): in case that dowry be in current money, appropriate to the annual
price index at the time of payment in respect to the time of rendering the contract,
it will calculated by the Central Bank of Iran, and will be paid.
c. amendment of article 336 of the Civil Code regarding fair equivalent
remuneration of wife (ratified in 1385/ 2006): Beside note 6 of unit article
amending the law of divorce in which wage for work in home, which according to
the religious law was not drawn on wife, in case of divorce wife is entitled to get it.
In Bahinan 1385, February 2007, fair equivalent remuneration of the work of
wives (regardless divorce or not divorce) by adding a note to the article 336 of the
Civil Code, was accepted.
d. amendment of article 1169 of the Civil Code (138 1/ 2002) regarding increase of
the age of custody of the children by their mother to 7 years for both boy and girl,
while according to the previous law the custody of the boys till age 2 and custody
of the girls till age 7 was with their mother. In case of emerging difference on
custody of the children after the age of seven, the court by paying attention to the
interest of the child(ren), will decide and will put the child(ren) under the care of
each parents.
e. amendment of article 1133 regarding the right of divorce by man (retified in
138 1/2002). Prior to the amendment man could divorce his wife whenever he
227
wants to do so, while woman should prove some conditions before the court. In
this amendment some condition has laid down for man in order to divorce his wife.
f. Annexing a note to article 1130 the Civil Code regarding divorce by the wife
(ratified in 138 1/2002). By annexed note wife can demand for divorce in case of
hardship and poverty as an example. Many of these cases are counted. After
revolution, in years 1362-63/1983-84/ there was printed in the marriage contract
that man can give power of attorney to his wife for divorce. (Please refer to sub-
appendix No. 86).
Also for more infonnation regarding existing precedents on the question of
polygamy and obtaining permission for remarriage of husband, please refer to
appendix No. 55.
Article twenty four
First discourse: Situation of children in the legal system of Iran: Civil Code
563. Article 993 of the Civil Code in its first paragraph says registration of
the birth of a child is necessary, in this article we read: “The following events
must be notified to the Census Office during the proper period and in the way
stipulated by special laws and regulations
- All births and all abortions which may occur after the 6th month from the
date of conception.
Article 1183 of the same law says: “In all matters pertaining to the estate, and the
civil and financial concerns of the ward, the guardian will be his or her legal
representative.
“If the natural guardian of the child is unworthy of the administration of the estate
of his ward or if he inisappropriates property, the court will, on application by the
relatives of the child or on the request of the Public Prosecutor who has to be a
party to the suit, and after the establishment of the incapacity or dishonesty of the
guardian, also appoint a financial trustee to work with the guardian. This provision
will be applicable in a case where the guardian of the child is unable to administer
the estate of his ward owing to old age or sickness or similar reasons.”
Article 1185 of the Civil Code also says: “If the natural guardian of the child
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becomes incapacitated, the Public Prosecutor is obliged to appoint a guardian
for the child according to the regulations governing the nomination of
guardians.”
564. About dishonesty of the natural guardian article 1186 of the Civil Code says:
“In cases where strong indications exist showing the dishonesty of the natural
guardian in respect of the estate of his ward, the Public Prosecutor is obliged to
apply to the Court of First Instance requesting that his actions may be investigated.
The court will examine the complaint and will act according to Article 1184 if his
dishonesty is proved.”
565. And regarding their absence, article 1187 of the same law is saying: “If the
only natural guardian of a child cannot administer the estate of his ward owing to
absence or imprisonment or owing to any other reason, and if he has not nominated
anyone else to represent him, the court will appoint provisionally a guardian on the
proposal of the Public Prosecutor for taking charge of the estate and attending to
all matters pertaining to it.”
566. Article 1191 of the Civil Code says: “If the guardian appointed by the
natural guardian does not take steps for the maintenance or the education of his
ward or for the administration of his estate or if he abstains from fulfilling his
duties he will be discharged.”
567. On ending the custodianship, article 1193 of the Civil Code says: “As soon as
a child reaches the age of maturity, he will cease to be under ward ship and if he
becomes subsequently mentally deficient or insane, a guardian will be appointed
for him.”
568. Article 1199 of the Civil Code regarding the expenses of the child say:
“Maintenance of children is the duty of the father on his death or his incapacity
for maintenance, this duty devolves on the paternal grandfathers, the nearer of his
kin coining before the father. In the absence of a father or paternal grandfathers or
in the event of their incapacity, the duty of maintenance devolves on the mother.
If the mother is dead also or is unable to maintain the child, the duty will devolve
on maternal grandfathers and the grandmothers and paternal grandmother who are
sufficiently wealthy to provide maintenance, giving preference to the nearer of kin
over the father. If a number of the grandparents are similar in degree of kinship,
the maintenance expenses must be paid by them in equal shares.”
569. But regarding those children that their father or their grandfather is dead and it
is necessary a guardian be appointed, article 1281 of the Civil Code says:
“Guardians will be appointed for the following persons:
229
1 - For minor children not having a “special guardian's.
2 - For insane and immature persons whose insanity, or immaturity directly
followed their attaining full age and who have no “special guardian”.
3 - For insane and immature persons whose insanity or immaturity did not follow
directly after attaining full age.”
570. And article 1219 of the Civil Code says: “In the case mentioned in the
preceding Article regarding the appointment of a guardian for their children each
of the parents is bound to report the matter of the Public Prosecutor of the district
of his residence or to his representative, and to request him to take necessary action
for the appointment of a guardian.”
571. And article 1220 of the same law is saying: “In the absence of the parents of
their lack of knowledge it is the duty of the relatives who are living in the same
place as the person needing a guardian to perform the task mentioned in the
preceding Article.”
572. Article 1222 of the Civil Code regarding the appointmnent of the guardian
through consideration by the court gives necessary information. It is good to
know that presently Family Court has substituted the Special Civil Court: “In any
case where the Public Prosecutor happens to know in any way of the existence of
a person for whom a guardian ought to be appointed in accordance with Article
1218, he (the Public Prosecutor) would have to refer the matter the Special Civil
Court and introduce to the court those persons whom he considers fit to be
guardians. The Special Civil Court will then appoint one or several persons as
guardian and issue a decision of appointment. The court also can appoint one or
several persons to act as supervisors. In this case the court would have to fix the
limits of the supervisor's authority. In case the court does not consider reliable
the person thus introduced, it will ask for other persons to be introduced by the
Office of the Public Prosecutor.”
573. Article 1224 of the Civil Code for safeguarding those property for which
still no guardian is appointed, says: “The safeguarding as well as the
superintendence of the property of minor children, lunatics and immature persons
shall be entrusted to the care of the Public Prosecutor so long as no guardian has
been appointed for them. The procedure relating to the safeguarding and
superintending of the property by the Public Prosecutor shall be designated by
virtue of regulations of the Ministry of Justice.”
574. Article 1229 of the Civil Code about mninorities who live abroad is saying:
“The duties and authority which are prescribed by virtue of the relevant laws
230
and regulations in respect of the intervention Public Prosecutors in matters
concerning minor children, lunatics, and immature persons are, So far as these
matters concern foreign countries, entrusted to the care of Consular Officers.”
(please refer to sub-appendices No. 92-98).
The legislator has distinguished some person ineligible to be appointed as guardian
and bar the Judges to appoint such persons as guardian, so article 1231 says:
The following persons should not be appointed as guardians:
1 - Those persons who are themselves under guardianship.
2 - Those persons who, by reason of perpetrating a felony or the
following misdemeanors been convicted by a final judgment
Theft, abuse of confidence (breach of trust) , swindling embezzlement, rape or
immoral acts, offences against children, and fraudulent bankruptcy.
3 - Persons for whom orders of bankruptcy are issued and whose bankruptcy has
not yet been settled.
4- Persons who are notorious for their immoral acts.
5-A person who either in his own name or in that of his relatives of the first
degree has a claim against the person under incapacity.
Article 1234 of the Civil Code is about the mnultiplicity of the guardians:
“When the court appoints more than one person as guardian, it can
determine the duties of the guardians separately.”
It s noteworthy that the Law of Non-litigious Affairs, article one up to article 152,
also is on the comnpetent authorities who examnine and appoint the guardian.
575. About the duties of the guardian some articles should be referred including
article 1235 of the Civil Code which says: “The protection of the person who is
under guardianship as well as his legal representation in all matters relating to his
property and financial rights, are entrusted to the guardian.”
Law concerning the right of custody ratified on 22.4.1365/13.7.1986
Single article: if by order of the Special Civil Court or vice of that court, the
custody of the child goes with the person and the father or mother or other person
withhold the execution of the order and or refuse to give back the child, the court
that has given Ruling will enforce him to waive the obstacle or give back the child
and if he oppose the decision of the court, he will condemned to imprisonment
until he render the order of the court.
231
Regarding protection of the child who has father or grandfather (natural guardian),
article 1180 of the Civil Code says: “A minor child is under the guardianship of its
father or paternal grandfather. Such is also the case with a immature or insane child
provided that the immaturity or mental unfitness continues from the age of
minority.”
576. Regarding mnaintenance and custody of the children article 1168 of the Civil
Code says: “Maintenance of children is both the right and duty of the parents.”
On the death of one of the parents, article 1171 of the Civil Code say: “If one of
the parents dies, the custody will be the duty of the surviving although the
deceased be the father and he may have appointed a guardian for the child.”
Article 1172 of the Civil Code, says it is impossible that parents refuse the custody
of their child: “Neither of the parents can refuse to mnaintain the child during the
time when he or she is responsible for its custody. If he or she does so, the court
must induce him or her, on application by the other party or the guardian or one of
the relatives or the Public Prosecutor, to assume the custody. If such enforcement
is impossible or ineffective the court must arrange the custody at the expense of the
father, or of the mother in the event of the death of the fonner.”
577. Regarding incapability of father or mnother for custody of the child, article
1173 of the Civil Code says: “If the physical health or moral education of the
child is endangered as a result of carelessness or moral degradation of the father
or mother who are in charge of its custody the court can take any decision
appropriate for the custody of the child on the request of its relatives or its
guardian or the Public Prosecutor.”
578. Regarding the right of the visit of the child, article of the same law says: “If
the parents of the child do not live in the same house owing to divorce or any other
reason, either of the parents who is not in charge of custody of the child has the
right to visit the child. Detennination of the time and place of visit and other
particulars will be decided by the court if there is any dispute between the parents
about themn.”
On the right of the visit of each parent after the divorce please refer to sub-
appendix No, 86 a.
579. Article 1175 of the Civil Code states that separation of the child from its
parents is impossible: “A child cannot be taken from the parents or the father or the
mother who is in charge of its custody except in cases where just fiction exists for
232
doing so.”
580. Regarding the right of the mature child on choosing the living with one of its
parents please refer to the Ruling issued by Family Court, branch 1705. (Please
read sub-appendix No. 87).
581. About the duties of child education article 1178 of the above mentioned law
states: ‘Parents are bound to take such measures as circumstances and their means
allow for the education of their children. They must not leave their talents
undeveloped.”
582. The law concerning the children who has no warden, ratified in 1353/1974,
that states the manner and condition of custodianship and adoption of such
children, please refer to appendix No. 57.
Regarding protection of the children who has no warden, one can refer to the law
of securing women and children who has no warden, ratified in 1371, 1972,
mentioned in article 3 of the covenant.
583. For more information regarding, paying the cost of the child by the guardian,
fault of guardian, fraud of guardian, the fact that guardian has no right to transact
with himself/herself, cannot sell the real property of the custodian or deposit it for
mortgage or transact it, this matter that convey of the right or property of the
custodian is prescribed only by the Prosecutor, submission of the bill from
guardian, presenting the account at least one time per year by the guardian to the
Public Prosecutor, cases regarding dismissal of guardian, appointing guardian for
sane or immature persons, committing crime or offence by guardian, mnarriage of
guardian, maturity of the ward and waiving of guardian, position of the minorities
of the foreign national, please refer to the appendix No. 58.
Second discourse: Situation of Iranian Children in Crimninal system of Iran
584. Article 621 of law concerning the Islamic Penal Code says: “Any one with the
intention of money or property or with the intention of retaliation or with any other
intention by threatening or by force or by deception or by any other manner
personally or through another one kidnap a person or hide him/her will be
condemned from five to fifteen years and if the age of the person who has been
subject to the crime be less than fifteen years in full or the kidnapping render by
233
car or one/ones who commit such crime inflict any hannful injury, bodily or
prestigious one to the person who has been subject the said injuries, the criminal/s
will be condemned to the maximum penalty and if he/they had committed other
criine/s, perpetrator/s will be condemned the related penalty/ies too.”
Article 623 of law concerning the Islamic Penal Code states too:
585. “Any one by giving drugs or by any other means causes abortion of a women
will be condemned to six mnonths up to one year imnprisonmnent and if intentionally
and knowingly to guide a pregnant woman to have harmful drug or to apply other
means so that her fetus to be aborted he/she will be condemned to three months up
to six months imprisonment unless it be approved such act has been done for the
safeguarding the life of the mother though in both case perpetrator/s will be
condemned to pay related mulct.”
586. And article 624 of law concerning the Islamic Penal Code says: “If physician,
Mama, drug seller or the persons who under the titles of physician, Mama, surgery
Jarah, or drug seller work, prepare the instrumnent/tools for abortion or abetting in
abortion, will be condemned from two years up to five years imprisonment, court
also will issue decree on paying mulct too.
587. Regarding insult to children, article 619 of law concerning the Islamic Penal
Code says: “any person who in public places or in steets molests children or
women or by uttering the word and actions oppose to the prestige and respect of
the insult to themn will be condemnned to imnprisonmnent from two mnonths up to six
mnonths and (74) lashes.”
588. Article 631 of law concerning the Islamic Penal Code says, “any one that
abdicate a new born baby or hide him/her or change it with another baby or figure
it as the baby of another woman, will be condemned to imprisonment from six
months up to three years and if it proved that baby has been dead the perpetrator
will be sentenced to pay one hundred thousand up to five hundred thousand Rls in
cash.”
Article 632 of law concerning the Islamic Penal Code conveys same meaning:
589. “If one who has a baby in his deposition, restrain to give back the baby to the
persons who are legally entitled to demand the baby, will be condemned from 3
234
months up to six months imprisonment or paying one million and five hundred
thousand Rls. Up to three million RIs. in cash.”
590. And article 633 of law concerning the Islamic Penal Code regarding
abandonment of the baby says:” If a person by himself/herself or by the order of
somebody else abandons a child or other person who is not able to safeguard
hiinself/ herself in a place that is empty of dweller will be condemned to six
months up to two years or paying cash penalty from 3 million up to twelve million
Rials. And if abandon the child or the person who is not able to safeguard
himself/herself in a place that has dwellers will be condemned to the half of the
defined punishment, and if his/her action causes injury or death, the person that has
abandon he/she, besides the mnentioned penalties he/she, in term of case, will be
condemned to retaliatory punishment or paying mulct or indemnity.”
591. Regarding relinquishment of children expenses article 642 law concerning the
Islamic Penal Code says:
“If some body be in good financial situation but refrains from paying the
expenses of his wife that obey him or the expenses of those who are eligible to be
paid, court will sentence himn to three mnonths and one day up to five mnonths
imnprisonmnent.”
Regarding abuse from children for beggary purposes, article 713 of law concerning
the Islamic Penal Code says:
“Any person who compels a minor child or immature one to beggary for his own
benefit or assign others for this matter, he/she will be condemned to three months
up to two years and repayment of all properties that has obtained by doing so”.
Law concerning support and protection of the children and youth
592. In law concerning support and protection of the children and youth (ratified
on 11.10 1381/1.1.2003 by the Guardian Council), infliction of any harmn,
harassment, bodily or spirit of persons who are under 18 years, buying or selling,
exploitation, and comnpelling to work of the children is prohibited and subject to
punishmnent.
235
593. Also preventing the children from education, and intention negligence of their
bodily and spirit health of the children is subject to punishment and payment of
cash penalty.
594. What is important in this law is that harassment of the children is a public
crime and do not need complain from the private complainant. Please refer to the
text of law in the appendix NO. 60.
595. Regarding protection of young girls who has escaped from their home and
aggravation of punishment of employing the children under 12 year of age, one can
refer to the appendix No. 61.
Other Support:
596. Further criminal support from children and youth who have been victim of
wrong doing one can refer to the law concerning fight with human trafficking:
In not 1 of article 3 of the law concenling fight with humnan trafficking, ratified in
1383, 2004, it is mnentioned that those who resort to the trafficking of person/s
under 18 years, if the be not recognized as belligerent, they will condemned to
maximum punishment i. e. 3 up to ten years imprisonment. Please refer to
discussion inserted in article 8, for further information.
597. Based on article 4 of the said law, if the employees of one of the three
branches of the state in any way be involved in the crimes mentioned in this law
beside the penalties stated in this law they will condemnned to the permnanent or
temporary dismissal from the governmental services. Please refer to the discussion
inserted in article 8.
598. It is good to mentioned that the new bill concerning protection of children...
is an imnportant developmnent in this sphere.
Prosecuting the delinquent children
599. Regarding perpetrating crime of first degree by the children, article 211 says
if a child to be forced to commit the murder, whoever guide him/her to do so
236
should pay the mulct, the person who has forced hiin/ her to do so will get life
imnprisomnent.
Article 221 the Islamic Penal Code says:
600. “If an insane or immature person intentionally killed somebody it would be
described as mistake and would not be subject to Ghesas/ retaliatory punishment
but the person who act as his mind should pay the mulct to the inheritance of the
killed person.
601. Note - In crimes of homicide or flaw of the body if the committed crime be
intentionally and perpetrator be minor or insane, if the person who has been subject
to the crime died after the mnaturity of the perpetrator or got his/her healthy
condition, he/she will not be subject to the retaliatory punishmnent.
602. Regarding issued Rulings against the children with intention of punishmnent
instead of imprisonment (without amending the law), the following examples are
noticeable:
- One child who was selling counterfeit tickets is sentenced to 2 mnonth service in
the center for improvement and education.(Ruling No. 168 dated
29.6.1379/19.9.2000).
- One child is sentenced to stay in boarding centers of Welfare for vagrancy, and
causing threat and disturbance to the public order. (Ruling No. 566 dated
30.4.1380, 20.7 .2001).
- A young man accused of intentional assault and battery with knife is sentenced to
3 months suspended imprisonment with referring to the center of consultancy of
the Welfare Organization for changing his attitude and behavior. (Ruling No. 611
dated 8.5.80.).
- A girl who was 16 years old, for having unlawful relation and vagrancy has been
sentenced to learn an honest profession. (Ruling No. 146, dated 24.6.1979).
- A young man who was accused to theft was sentenced to get education and live
in the center for improvement and education.(Ruling No. 459 dated 17.8.
1379/8.11.2000).
237
- A young girl who was accused to theft was acquitted on comment of forensic
medicine and psychologist. (Ruling No. 1423 dated 8.10.1380/28.12.2001).
- A young man who was accused of vagrancy was acquitted and since his family
has abandoned him and he was seeking a job, he was introduced to the centers that
are under the cover of the Center for improvement and Education. (Ruling No. 875
dated 25.6.1381/16.9.2002).
- A young girl who was accused of vagrancy was sentenced to work for three
months in places such as House for Aged Persons, and to mnaintain in the centers
covered by the Welfare Organization if the parents did not accept her. (Ruling No.
79, dated 2.8.1379/24. 10. 2000).
- A girl who was in her teen years, for having unlawful relation and vagrancy has
been sentenced to six month work in places such as center for Improvement and
Education and stay in the Welfare Organization in case her family did not accept
her. (Ruling No. 79, dated 1.8.79/25.10 2000).
- A young man who was accused of theft was sentenced to stay in the green house
under the supervision of the center for improvement and Education, for six months.
(RulingNo.2801 dated 8.8. 1379/31.10.2000).
- a foreign young man who was accused of illegal entry to Iran, was sentenced to
gardening for 6 mnonths. (Ruling No. 132 dated 3.2.1380/ 23.4.2001).
- one person who was accused of destruction and theft, was sentenced to learn a
honest profession. (Ruling No. 584 dated 13.1. 79/ 2.4 .2000).
- Suspension of the punishment of 2 persons who were accused of making
disturbances in the society to continue their education and introduced themnselves
to the court each 15 days. (Ruling No. 1133 dated 12.8. 80/3.11.2001).
- Suspension of the punishment of a 19 years old girl who was accused of
prostitution and was sentenced to learn a honest profession in the center of
mentally disabled persons and to live under cover and protection of Welfare
Organization as she had no proper place for living. (Ruling No.797 dated 6.6.
1380/28.8.2001).
238
- Three young men who were accused of theft were sentenced to 2 days
imprisonment on the weekends for three months. (Ruling No. 594 dated 16.9.1379/
8.12. 2000).
- A young girl who was accused of having illicit drug (32 pack of Heroin), was
sentenced to stay in the center for improvement and education for 18 months.
(Ruling No. 79 dated 4.5.79/26.6.2000).
- A young girl who was accused of vagrancy and unlawful relation was sentenced
to learning the honest profession and three months involuntary remedy. (Ruling
No. 79 dated 15.6.79/7.9.2000).
- Handful of young men who were accused of threat, intentional assault and battery
with knife and theft, were sentenced to presenting sport services, 20 hours per
week for 6 months, in non- academic hours. (Ruling No. 79 dated
3.7.79/25.9.2000).
- A young man who was accused of vagrancy and theft was sentenced to educating
and stay in the center for improvement and education. (Ruling No. 79 dated
17.8.79/9.11.2000).
- Handful of young men who were accused of destruction of car windows and the
theft, were sentenced to present computer services to the center for improvement
and education (twenty hour per week) and taking care of his father and mother in
order do not exit from their house. (Ruling No. 79 dated 13.6.79/5.9.2000).
Recent Developments
603. In recent years Judicial Power of the Islamic Republic of Iran has resorted to
several activities for protection of the rights of children and youth. The aim of
these activities has been protection of the rights of children and youth, introducing
and educating those who execute the law with the criteria of the children law,
239
adapting the laws and internal regulations with the international norms,
cooperation of inter-sections in this field, paying attention specially to the children
and youth who are exposing to the danger, fortification of the capacities and
utilization from international credits and opportunities in order to enhance the
knowledge and capabilities of those who are involved by the children law.
604. Preparing the bills which directly be commected with the children like the bill
of examining the crimes of delinquent children and youth, and the bill concerning
protection of children and youth, and also the other bills that are mainly on
protection of the citizens, like bills on Islamic penalties, computer crimes, social
punishments instead of imnprisonmnent, crimninal procedure, and bill of citizen rights,
are among the most important steps that the Judicial Power has taken in these field.
The necessity of reconsidering of the system of justice for the children
605. In order to elaborate exactly what is the situation of children and youth and to
provide proper bills concerning the rights of children the following subjects are
considered:
1- Special position of the child;
2- Existing situation by looking back to the crimninal laws of children;
3- The rights of children based on Islamic criteria;
4- The rights of children based on international criteria and standard;
5- Children as the crimninal subjects;
In dealing with the delinquency of the children some principles has been in the
center of the consideration among which following points could be mentioned:
- Necessity of detachment dealing with children and youth who are delinquent;
- Applying the gradual regime of criminal responsibilities in respect of the age
courses of the children and youth;
- Applying a particular procedure regime compatible with character of the children
and youth;
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- Emphasizing on education and acceptance of responsibilities by children.
Amending laws and regulations and preparing the judicial bills (special bills)
First: Bill concerning examination of the crimes of delinquent children and
youth
606. Preparation of this bill is followed aiming detachment dealing with this group
in process of legal procedure and detennination of proper and appropriate reaction
to the real character of them in direction of improvement and education of them.
The perfection of existing defect on current laws was also under consideration
when the bill was preparing.
607. Preparation of this bill is including of two spheres of substantive criminal
laws regarding delinquent children and youth and their detachment legal procedure
of themn, which has high peculiarity and immovations in compare of existing law
precedents in the field of delinquent children and youth in Iran. Moreover, in
preparation of this bill it has been considered that the bill to be in the same
direction with some international norms and regulations and it be compatible with
the internal laws.
608. The bill concerning examination of the delinquent children and youth has
been prepared in five chapter and 55 articles in a commission comprising
commentators and law specialist who have had several commissions from 1379-
1381/2000-2002, under chairmnanship of the deputy for law and judicial
development. This bill presently is under consideration of the law and judiciary
commission of the Majlis and its generality is approved and is expecting to be
discussed in the open session of the Majlis.
a) Necessity and goals
Dealing with offences of the children is based on some principles among which the
followings are notable:
- Necessity of detachmnent dealing with delinquent children and youth;
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- Applying the regime of gradual criminal responsibility in respect of different age
course;
- Applying the special legal procedure system compatible with the children and
youth characters;
- Emphasizing on education and responsibility acceptance of the children.
b) Peculiarities and Innovations
Evolution in substantive criminal law of the children; establishing the regime of
gradual criminal responsibility for delinquent children and youth is of specialty of
this bill.
609. Ageing breaking down of the children and youth to three age groups (9 to 12
years, 12 to 15 years, and 15 to 18 years) constitute the foundation of their gradual
responsibility and the qualification of this responsibility is in coordination with the
trend of the growth of the children and youth and the quantity of their distinction
power. And according this responsibility there is envisaged several, proper and
separated answers and regardless their gender, application of this regime, exactly
follow the children psychology, educational science, and criminology discussions.
Establishment of detachment legal procedure
610. Examination of delinquent children and youth necessitating the existence of a
special proceeding for themn. Peculiarity of this delinquentness is that it is in
relation with the elements related to the character and passing course of them from
childhood to youth-hood and from youth-hood to the young age. Therefore from
one side one should have the correct understanding about delinquentness of the
children and youth, and from the other side one should realizes the situation that
the child and youth is living in from the time point of view.
611. Examination of the delinquent children and youth can be assumned in the
framework of a detachment criminal policy in dealing with the delinquent children
and youth; the policy of detachment crime knows deal/encounter with the
delinquent children and youth somewhat different dealing and recommend a
distinctive adjudication for them that could be called detachment judgment.
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612. On this foundation, examination of the children and youth from one side
necessitate the existence of special institution for children and youth examination
and from the other side is included of somehow separate legal procedure for
children and youth. Before elaboration of the peculiarities of this sort of
proceeding and its place in this bill it is necessary to mention that any level of
success in children adjudication is subject to the establishment of the specialized
institutions for this kind of proceeding, that be discussed in another section.
613. The peculiarity of the detachment proceeding is that it tries to provide in the
most extended limit the expediencies of the children and youth and this goal is the
distinctive aspect of this kind of proceeding and adult proceeding. Manifestation of
this sort of proceeding can be described through the extensive use of three methods
that are applied;
- Diminishing the judicial aspect of the work by replacement of regenerative
justice;
- Guarantee of the fundamental rights of child and youth during the proceeding;
- Expedient examination specially designed for the children and youth proceeding.
Second: Bill concerning protection of children and youth
A) Necessitation and Goals
614. In fact preparation of this bill is an action that followed the completion and
amendment of the defects of the law concerning the protection of the child, and
due for coining in same direction with some international criteria and standards
and their compatibility with the internal criteria. This law, however, has been a
step forward in direction of protection of children who were the victims and
inflicted by the crime that are known as children vexation, but lacks the execution
guarantee in this case.
615. Some vacuums of the law can be summarized as: not paying attention to the
special examination of the delinquent children, lack of institutionalization and
institutionalizing the protection of children and in particular paying no attention the
protection of the children who are exposed to the danger of witnessing the crime
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and the person who has affected from the crime, and lack of attention to different
and comprehensive protective actions and prudence.
616. Bill of protection of the children, who are exposed to the danger enjoying the
multifold of goals and principal axis, tries to regulate a comprehensive and broad
spectrum law for protection of children affected by crime, children exposed to the
danger, and the children who has been witness of the crime. Some of these goals
are as follow:
617. Amending the defects of the law concerning children and youth, ratified in
1381/2002, formal summarizing and expurgation of the laws in domain of
protection of children, comprehensive protection through judicial and social
management from children, specially the children who are effected by the crime,
the children who are exposed to the danger, and the children who have been
witness of committing crime, which are in need of special proceeding and
detachment dealing in judge-mnade law, establishmnent of the institution for
protection and protective crime suppositions, aggravating the punishment of the
delinquent person by considering the delinquent person and the age of person who
has been subject to the crime which is include of overall aggravation of
punishmnent of the public crimes committed against the child and youth, extension
of special legal protection from the children inflicted from crime and children
exposed to the danger in compare to the other phases of the criminal process
including prosecution, investigation, examination and issuing Ruling and its
execution.
618. These persons are including of the children and youth, the children exposed to
the danger, and the children who has been witness of committing the crime, and
also the children that their identity is not registered and by any reason has got no
attention, taking the protective prudence with preservation of the rights of the child
in the family and if by distinction of the specialized experts and the court it be
necessary that the child be taken off the danger environment this will be done with
special management and prudence.
b) Peculiarities and Innovations
619. From the peculiarities and innovations of this law in compare with other laws
that currently in the country are forcing, one can refer to the following points:
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- Description of the jeopardizing situation and citing its applicability
620. Jeopardizing situation of circumstances caused by an misbehavior,
negligence, absence of diligence toward children and youth or exploitation and
abuse of them or other conditions necessitate the intervention of the law in order to
protect the children and youth and in case of lack of such intervention those
conditions will cause infliction of crime, or injury to their soul and body, security,
the process of socialization, education, training, social position and their welfare.
621. Writers of the bill besides giving clear and comprehensive definitions about
the applicability of the jeopardizing situations for children and youth have not
forget to introduce the children and youth exposed to danger (of course with
observation the above mentioned condition). These people are: the children and
youth that have no warden, fruits of illegal relations, persons suffering from bodily
and mentally defect or affecting by special disease, bisexual, street living, domestic
and foreign vagrant, refugee, without nationality, without birth certificate, victim
of human trafficking, and those who suffer from disturbances in the gender
identification.
622. With respect to the jeopardizing situations, these people are exposed to danger
and in case will enjoy the protection of law.
- Presenting the definition of concepts such as misbehavior, carelessness, and
absence of diligence and...
- Protective crime suppositions and aggravating the punishment of those who
commit crime against the children
- Protective organizations including establishment of the unit of protection from
children and youth. This unit is under the superintendent of the attorney and is
comprised of aid, special police, psychologist, psychiatrist, and staff. This unit
when the child and youth are in close danger or in other general cases that they are
exposed to the danger will carry out protective actions.
623. Protectionist unit also will have offices in the ministry of education and
training, mninistry of health, remedy and medical education, and the mninistry of
labor and social affairs. Moreover, organization of personal registration is obliged
by this law that within two year to do in a way that the namne of all those children
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that have reached to the legal age for education to be infonned to the ministry of
education and training of the relevant region till the responsible authorities do act
for registration and continuation of those who are deprived from education and if
any body abandoned his/her education, the matter to be infonned to the
protectionist unit.
a) Judicial prudence
Examination of the files of children and youth would be done in urgent and out of
scheduled program and in some cases criminal courts can examine the civil cases
or to examine case together.
b) Social prudence
624. The bill has anticipated those actions that the court will do in dealing with
those who have committed any crime against the children and youth. This actions
are obligation or having no obligation to do something or to continue a special
activities, obligation on passing special educational courses and special skills,
referring to hospital and special health place for remedy of disease or abdication,
restraining to do defined job, profession, putting the children and youth under the
control of physician, psychologist, and those who introduce by the court.
Third: Bill concerning protection from children and youth who has no effective
warden
625. According to the bill of protection from children and youth who has no
Iranian warden and those who are Iranian by law, i. e. has acquire the Iranian
nationality, and also those foreigners who reside in Iran and can undertake, by
observing the regulation of the law, the custodianship of children and youth falling
under this law.
626. While according to the article 1 law concerning protection of children who
has no warden (ratified on 29. 12. 1353/20. 3. 1975), any husband and wife who be
resident in Iran by their accord can refer to the court and by approval of the court
to get custodianship of one child.
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627. In current law, the guardianship of the child by observing special condition at
first instance will be entrusted to his family or one of his/her next of kin”, but in
new law some hard and rigid condition is omitted. (in new law, article 5, some
conditions in connection with kinship with the child is omitted).
628. With amendment of article 10 of the previous law that prescribed only the
guardianship of “one child” to the applicant, the new bill the number of the
children under guardianship has increase to three children. According to the
current law any child, who has no any warden must stay at least three years in the
centers of Welfare and if within this period his/her parent/s was not found, it is
possible to entrust his/her guardianship to the applicant of adoption. But in the new
bill 3 years waiting time has reduced to 2 years.
Article five of the current law, due to the preparation of adoption bill, has changed
and amended.
629. Meanwhile one of the problems of the current law is an official pledge,
regulated and sign in notary public, stating that those who adopt child will grant
one third of their assets to the child as financial support, though some family due to
the different reason such as inheritance exclusivity or another reason are not in a
position to grant one third of their assets to the adopted child in the time of
adoption. According to the new bill the applicant can give a real guarantee or
introduce a guarantor that they will pledge to grant a section of their property or
rights to the adopted child on which for example five years later the transfer the
one third of their property to the adopted child.
630. In the previous act, “mature age” was not defined and therefore it was from 14
to 18 years, but in new bill this age is defined and is 18 years. Therefore all
children and youth who are under 18 years and has no warden will be covered by
the new bill.
631. According to the article 4 of new bill, “women and single girls and without
spouse, with age over 30 years can apply to adopt a child. This bill also has defined
the maximum year for adopting child 50 years. (Note 3 of article 4).
632. Having no effective criminal conviction with observation of the articles
inserted in the Islamic penal code, enjoying sound financial situation, being in
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good health from the bodily and spirit point of view for guarding and training of
the children and youth, and having no drug addiction, enjoying from moral
competency, being capable of maintenance and training the persons under the
guardianship, and be not effected by the contagious diseases or hard remediable are
among other conditions that is anticipated for the applicants of guardianship of
children and youth.
General Bills
633. In the first section of the general bill, the specialized bill prepared for the
protection of the rights of children and youth is introduced. In fact these two bill
are of infrastructural and fundamental actions aimed protection of children's right
and bringing closer the internal law with international undertakings of the country.
In this section we will refer also to other bills in which the subject of protection of
children and youth is inserted.
634. These bills firstly provide, legal protective instruments regarding the above
mentioned people and secondly they cause the consolidation and integration in
executive decision.
Bill of Islamic Penal Code
a) Aid and abet
635. In this bill, in chapter three, under the title of aid and abet, article 71 had
determine the maximum legal penalty for those who use from a child that has
distinctive mind, in order to commit a crime, and says: Anyone in punishable or
preventive offense utilizes from the child that is in age of distinction and or with
provocation, persuasion, tampering, threat, and or facilitating the condition of
commitment of the crime , pave the ground in order to commit the crime by the
child, will be condemned to the maximum penalty of the same crime.
636. Note of this article states: anyone intentionally and knowingly the child who
is in age of distinction with provocation, persuasion, tampering, threat, and by
facilitating the condition of commitment of the crime , pave the ground for the
crime by the child, will be condemned to imprisonment of one up to three years.
b) Multiple crimes
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637. In chapter fourth under the title of multiple crimes in note of article 76 the
offenses of the children are exempted from the limits of this article and says:
“Regarding those who have committed more than two offenses liable of
regulations on multiple crimes if there be any extenuating circumstances court can
reduce the penalties down to the minimum defined penalty in the law and if the
minimum penalty has not been defined, can reduce the penalty down the half of the
determined penalty. In any case the minimum penalty can not be less than 91 days
imnprisonrnent.
Note 1- the penalties of the children is exempted from the limits of this article.
Note 2- regulations of reducing the punishmnent of those persons who has
committed two crimes is what have been inserted in article 29.”
c) Recidivism
638. In chapter five of the bill of Islamic penal code under the title of recidivism
article 78 condemned those who have committed intentional crimes against
persons and children to the mnaximnumn punishmnent laid down by that article, and
states:
639. Anyone in intentional crimes according to the final Ruling of the court be
condemned to more than two years imprisonment and from the date of beginning
the execution of the punishmnent, he/she to commit another intentional crime, the
culprit will be condemned to 1.5 time of the maximum penalty of the last crime...
and if he/she commit the same intentional crime or similar crimes that apply to all
intentional crimes against persons and children too, the culprit will be condemnned
to two times of the mnaximnumn punishmnent of the new crime.
In article 79 too, the legislature has exempted the children from the regulations of
the recidivism.
d) Restraints of the crimninal responsibility- Childhood
640. Chapter three of the bill of Islamic penal code in its consideration on restraints
of the crimninal responsibility, in its first chapter has defined childhood and states
the gradual criminal responsibility of the children in case of committing crime.
Detachment examination and gradual responsibility for the children who act
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against the law and the lack of application of legal punishment on matured children
who commit punishable and preventive crimes, are of important points in domain
of protection of the rights of children and youth that is anticipated in this regard.
The related articles on this case are:
641. Article 81- Child in this article is one who has reached to full 18 solar years.
Children are divided to three groups:
a- Immature and non-discerner; the children beneath of 7 years,
b- Immature and discerner; full seven years old children who are not matured yet.
c- Matured; children that are matured but are under full 18 years.
Note; the age of maturity for the boys, is 15 and for the girls is 9 full lunar years.
642. Article 82- The immature children in case of committing crime, are exempted
from the criminal responsibility but if discerner child committed a crime, his/her
training and taking care from the child with the opinion of the court would be with
his/her warden or legal custodian and if be necessary with the center for
improvement and education.
643. Article 83- in punishable and preventive crimes, the legal penalties will not
apply on the matured children and in respect of their age, the will be examined by
the law concerning the crimes of the children and youth and proper decision would
be taken.
644. Article 84- in the crimes that are subject to haad, and retaliatory punishment,
if the mature children do not understand the mneanings and the outcomnes of their
actions and or there be doubt in their maturity, in case and in respect to their age
they will be condemned to the penalties anticipated in the law concerning
examnination of the children and youth.
Note 1- Court for discretion of the age and reason perfection can enjoy the
consultation of the forensic medicine or any other means that it deem necessary.
Note 2- The responsibility of the children regarding payment of mulct is according
the related regulations.
Bill of criminal procedure
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1- Investigation and inquiry of the children
645. This bill in articles 121-15 states:
- inquiry and investigation from the women and children whose age is 15 years and
less will be done by the educated women bailiffs and if it was not possible, the file
together with the accused person will be sent to the examiner.
2- Impeachment of civil institution regarding the crimes committed against the
children
646. According to this bill, civil institutions that according to their charter act on
protection of children can bring to the attention of the court the crimes that are
committed against the children. Article 122-3, states as such:
- non governmental organizations, NGOs, that their charter is about protection of
children and women, ill persons and persons who suffer from the spirit or bodily
disturbances, environment, natural resources, cultural heritage, public health, and
citizen rights, can bring the attention of the court about the committed crimes in the
mentioned fields and in all stages of proceeding attend and protest against the
courts Rulings.
3- Protection from incapacitated persons who has been subject to the crime
647. This bill, regarding protection from those incapacitated person who has been
subject to the crime, which also apply to the children under the mature age, has
anticipated that if the incapacitated persons had no warden or custodian or had no
access to them or the warden or custodian do not complain, in order to save time
and preventing occurrence of any damage to these persons, the attorney's
representative, and in some cases, attorney himnself, can act for legal prosecution of
the file. Inserted case in these two article are described in details:
648. - Article 122-8. where the criminal prosecution is subject to the complain of
the complainant, but the person who is inflicted be incapacitated and had no
warden or custodian or had no access to them and appointing of the custodian
cause the time to be spent or a damage or injury threat the incapacitated person, till
the attending and intervention of the warden or custodian, and also when warden or
custodian has committed crime or has hand in it, the attorney will appoint
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somebody as temporary custodian or himself prosecute the criminal case and do
necessary actions for the preservation and collecting the evidences and preventing
of the escape of the accused person. This judgment when and where the inflicted
person from the crime, his/her warden for any reason, for example for
unconsciousness, is rumming.
649. - Article 122-9. Where the criminal prosecution is subject to the complain of
the complainant, but the person who is inflicted be mninor or insane but his/her
warden or custodian do not complain and also those inflicted person from crime
due to the reasons like his/her mentally or bodily illness or seniority cannot lodge a
complain, the attorney will follow up the case. In this case, cessation of the
persecution or execution of the Ruling is subject to the attorney decision.
4-issuance of the arrest warrant for persons vexing children and women
In this bill it is anticipated that for those who make vexation for children and
women, the warrant of arrest to be issued. Paragraph (d) of article 126-22 says:
- Issuance of warrant arrest is not pennitted unless for following crimes, if the
strong circumstances evidence justify the accusation attributed to the accused:
a) Those crimes that their legal punishmnent is deprivation of life, cutting or the
retaliatory punishment of the organ.
b) Those crimes that maximum legal penalty of them is ten year or more
imnprisonmnent.
c) The crime against internal and external security of the country.
d) Demonstration, showing the power and making vexation for persons by any
kind of weapon and making vexation for the women and children.
5- Observing the regulations concerning the examination of the crimes of children
and youth
Observing the regulations concerning the examination of the crimes of children
and youth when the file is considering in the crimninal courts is obligatory.
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• Articles 134-23. When a person is accused of committing several crimes that
examination of some of them is under jurisdiction of the assize court and
examination of the others be under jurisdiction of the public penal court and or
children and youth court, all his/her crimes will be examined in the assize court.
Note: If the assize court, in term of above mentioned article, examine those crimes
that are subject to the jurisdiction of the children and youth court, observation of
the regulations concerning the examination of the children and youth is obligatory.
In article 162-7, it is said that examnination in the public prosecutor's office, and
mnilitary, children and youth court would be subject to the regulations of this law
and related laws.
6- Observing the expediency of the pregnant and baby feeding women
649. One of the interesting matters that is anticipated in the bill of penal procedure
is the case of the pregnant and baby feeding women that are convicted to
punishment. Anticipation the expediency of the new born baby and giving priority
is provided in two following articles:
-Articles 151-16. Carry out of the punishmnent will be suspended in following
cases:
a)- Period of pregnancy; where the execution of the punishment could be
dangerous to the pregnant woman or her fetus;
b)- after delivery of the child maximum up to three month if the carrying out of the
Ruling be harmnful to the mnother,
c)- Period of baby-feeding up to two years, if the carrying out of the Ruling during
the baby-feeding cause harmn to the health of the child;
650. Articles 152-10. The breast feeding baby mnust not be separated from the
mother who is convicted to imprisonment and exile, unless the expediency of the
child necessitates it. In this case the baby will be deposited to the father and in case
of lack of father or his incompetence deposit to the next of kin or the competent
institutes.
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Bill on computer crimes
651. With the revolution in the world of technology and know-how and growth and
extension of developed communication means, new form of tools for committing
crime is in the hand of profit seekers and felons. So that organized sexual abuse,
publishing the ugly pictures from the children not only through the books and
magazines but by the disks, CDs, and internet is disseminated. Therefore, the
special crime supposition in this field and equipping the justice system with the
updated tools in order to fight such crimes is absolutely necessary. Preparation of
the draft of the said law tenninated in Month of Azar 1382/ November 2003, and
its generality approved by the Majlis in December 2003. Without doubt
preparation and application of such bills has important role in preventing the
fonning and emerging the felony groups for committing crime against children,
girls and boys, and sexual exploitation from them through pornography and sex
tourism.
652. In chapter four of the bill concerning the computer crimes under the title of
crimes related to content, condemn following persons to the maximum punishment
laid down in article 640 of Islamic penal code. Those who by data vectors or
computer system or through communication present obscene to the persons who
are under 18 years or produce or present pornographic and obscene materials or
transact such material by any mean and or produce and preserve them. Also
anyone who resort to put in access of the persons under full eighteen years obscene
material, or in order to commit crimes, provoke or threat or deceit them and or
teach or facilitate the method of preparation of such materials or access to them,
will condemn to the punishment cited in article 640 of Islamic penal code.
The bill of social penalties replacing imprisonment
653. This bill is one of the fundamental bills in the field of using the new penal
instead of traditional punishmnent replacing imnprisonmnent. In this bill while pay
attention to real needs of the society, it is proposed that instead of imprisonment,
penalties such as public work and public welfare, tenns of vigilance and guardian
and house arrest to be used. So far this bill has had huge effects on innovative
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Rulings that some judges of the children and youth court have issued. By applying
social penalties instead of imprisonment, we can bar the entrance of the children
and youth to the prisons and consequently their acquaintance with the different
method of offense. In fact the roots of repeat of the crime and success in reduction
of crime and returning the culprit to the society especially in case of children is of
the important peculiarity of this bill. The services that convicted person without
getting money by the virtue of the Ruling given by the court and in interest of
public will do.
654. Court by paying attention to the committed crime, age, gender, capability,
occupation, and his/her skill, sentences the accused to render public services. But
in this bill it is barred to give this kind of Ruling to the persons under 15 years of
age, and maximum term of rendering such social services is two years. Meanwhile,
presenting the social services by the convicted person would be in a manner that
related laws and regulations regarding condition of work for woman and youth,
technical protection, health of the work and standard of the hard and hannful work
should be considered. The important point in the bill is the fact that the judge by
noticing the bodily position and need of the culprit to the medical care or family
excuses and so on, to suspend, temporarily and up to mnaximnumn three mnonths,
during the detennined period, rendering the social penalties or propose to the court
that has issued the verdict, to convert it to the social penalties replacing
imnprisonmnent.
Bill of preventing the crime
655. The presence of the minister of education and training as one of the member
of the high council of pursuing is one of the cases that has anticipated in this bill.
The said council will be convened under chairmanship of the head of Judicial
Power and some ministers and other authorities are member of the council.
656. (Article 2). The mnemnbership of the Minister of Education and training in the
council is important for better cooperation for reducing the crime of children and
youth and better coordination for prevention of the crime.
657. According to this bill, committee of social prevention is also going also to be
constituted in order to take proper decisions and policies on reduction of crime.
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Carrying out of the duties of this committee would have effective role in reducing
the crime and improvement of the position of the children and youth. In article 5 of
the bill it is mentioned that some of the duties of the committee of social
prevention is as follow:
- policy making in the field of using the capabilities and capacities of the ultra
penal institution like family, school, academic and religious centers and mass
media for extension and promotion of the culture of prevention;
- Taking proper policies regarding consolidation of family foundation and
protection of family that has not warden, misfit warden, indigent, and those
persons who are expose to the social vulnerability;
- Taking efficient policy in the field of spirit health, and sexual health especially
for youth and young persons.
According to the article 6 of the bill one of the member of provincial council for
preventing the crime is the provincial general director for the education and
training.
Amending the policies and methods
First speech: section of the letters of the Head of Judicial Power
658. The section of the outward letters of the esteemed Head of Judicial Power in
the field of protection of the rights of children and youth, written to the heads of
administration of justice, prisons organizations, and securing and education actions
throughout the country, are from those circulations that by their nature establish
similar precedent that has approve the correction of this subject. This circulation is
consist of imnportant points in detachmnent dealing with the amnending content
toward children. (Please refer to the sub appendix No. 129).
The second speech: Judicial immovations
a- in the Rulings of the unity of precedent issued by the High Court of Cassation.
(Please refer to the sub appendix No. 130).
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b- In new Rulings and judgment of the courts
659. One of the other fundamental judicial activities in connection with the
strategy of the judicial development in the field of the rights of children and youth
has been issuance of innovational Rulings by the judges of the courts; judges with
belief to create evolution and change in judicial precedents with a relinquishing
traditional approaches who especially in these years have issued strong and
meaningful Ruling in the field of the rights of children and youth so that without
any doubt is the best method for the policy of “individualization of the penal” and
to make the issuance of the Ruling suitable to the position and individual character
of the malefactor. (Please refer to the sub appendix No. 131).
Third Speech: Creation of institutions and improvement of the structures and
protective actions
a- Administrating the protection from Women and children
b- Executive committee of protection from women and children
c- Center for improvement and training
d- Court and office of the public prosecutor
e- Council of problem solving specially for children and youth
f- Operation of organization of prisons and securing and training activities of the
country
g- Operation of the general director of penal record and pardon and remission
In the section appendices there are full description about all above mentioned
institutes.
Establishment of the Council of Problem Solving specially for children and
youth
660. Council of problem solving as one of instruments of judging cleansing and
reducing Judicial Power admninistration and relinquishing the official judging is the
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source that has some judicial expediency with the content of reconciliation and
compromise. Moreover, it has root in our rich Islamic-Iranian culture. By
preparation and dissemination and service of the by-law of article 189 of the law of
third developing plan, The esteemed Head of the Judicial Power' office issued a
circulation that was communicate to the officers of the penal system of the country
regarding the establishment the councils of problem solving. Following to this
action, the establishment of council of problem solving specially for children and
youth due to the sensitiveness of the issues related to this sect of the society and
qualification of the expediencies and the content of the examination of the
councils, the case attracted the special attention of the esteemed Head of the
Judicial Power and he acted for the issuance of circulation regarding establishment
of the council of problem solving specially for children and youth.
661. The content of this circulation in the field of detachment dealing and
amending approach toward the children is worth to be noted.
1- Establishment of the council of problem solving specially for the children in the
centers for improvement and training and other proper places that this center has
no office;
2- Special conditions of the members of the council of problem solving specially
for children
- To be married;
- Being at least 40 years old;
- Having education related to the fields of psychology and social aid;
- Having two years experience/activity in the council of problem solving;
- Being capable to make conciliation and compromise;
- Passing the special training course.
3- Possibility of utilizing the cooperation and assistance of other sources and
refonner and effective persons;
258
4- Allocating the consultant judges with at least 5 years experience/activity in
judicial position in the family courts and special branch for the children and youth
and guardianship affairs;
5- These judges would not be subject to dismissal or resignation for two years;
6- Creation of the ground for cooperation between the special council of problem
solving with the special court of children and youth, related office of prosecutor,
the center for improvement and training, association for protection of the prisoners,
Mulct headquarter, Welfare Organization and other protectionist and aid working
organizations and institutions.
661. The councils of problem solving due to their contents, settlement-litigious,
and their goveniinental-non-goveniinental nature, enjoying this ability that in case
of aim-full goal and creation of the proper legal ground for transferring to a body
for rendering the amendment justice specially of the children. These bodies in their
jurisdiction, in more or most of the cases having private or public aspect, are able
to play an important role in personification of the punishments or effort for making
compromise and conciliation; the work that a judge due to his responsibilities can
not afford. Besides, the conciliatory competency of the councils gives this
opportunity to these bodies to act as mediator and arbitrator in cases that has no
authority to intervene. To act in sake of protection and material as well as spiritual
support for the child is of those cases that the councils are capable to do it. With
this description, the councils of problem solving have potential capabilities and
capacities for fulfillment of amnendmnent justice the in case of enhancing their
capacities they will become the strong arm of the justice administration for
fulfillmnent of the duties that the justice admninistration due its nature cammot do it.
(Full text of circulation has come in the section of the Head of Judicial Power's
circulations).
662. Operation of the organization of prisons and securing and training activities
(for children and youth who have 18 years and below of 18 years in coordination
with judicial developmnent)
According the article 19 of regulation of the organization of prisons and securing
and training activities, centers for improvement and training, is a center for taking
259
care, improvement and training of children and youth under 18 years for reaching
to the human greatness. Centers for improvement and training during the planning
term were able to take very effective and constructive steps among which:
1- Separation and classification of the prisoners and specially separating the under
18 years prisoners:
1-1- Renovation of the old centers and construction of new centers and making
them operative during the development plan by which the number of these centers
has increased from 12 centers to 26 centers;
1-2- Determining the minimum standards of the Centers for Improvement and
Training;
1-3- Definition of the executive process of the centers;
2- Establishment of Councils of Problem Solvings in the Centers for Improvement
and Training;
2-1 - The circulation of Ayatollah Shahroudi;
2-2- the circulation of the Judicial deputy of organization of prisons.
2-3- Running of 10 Council of Problem Solving in Center for Improvement and
Training;
3- Ultra organization activity:
3-1- Popular communication and giving infonnation;
3-2 - Establishing relation with governmental and non-govenimnental organizations;
3-3- Preparation and regulation on manner of utilizing the voluntary services of the
individual and institution of non-govenimnental bodies;
3-4- Cooperation with judges of the office of the prosecutor and the courts
examnining the children crimes (with the tendency of imnprisonmnent cleansing and
reducing the penal population);
260
3-5- Membership in convention of the rights of children.
4- Observation of citizen rights and human greatness;
4-1 - Concluding contract with the National Organization of Youth;
4-2- Cooperation and preparation of draft of cooperation with [ the ministry of]
education and training.
5- Improvement of human force position
5-1 - Education of vigilant personnel;
5-2- Education of social aid personnel;
5-3- Constituting the educational course for promotion of the level of knowledge
of the manager of the center from the operational program of the day;
6- Multifold campaign with narcotic drugs and dangerous diseases
6-1 - Constituting educational classes on contagious and dangerous diseases;
6-2- Constituting classes on awareness from the hanns of narcotic drugs on human
and the society;
6-3- Giving education to the family of the aid seekers;
6-4- Giving education to the family for controlling children and youth;
6-5- Giving education on qualification of the reacceptance to the family of the aid
seekers under 18 years;
7- Technical and professional education and recognition of the profession talents
under the supervision of the trainers (in the Centers for Improvement and
Training):
7-1- Giving education on weaving carpet, coarse carpet, sewing and saddlery;
7-2- Giving education on electricity of the buildings and computer;
261
7-3- Inlaid work, incrustation, and pottery;
7-4- Mushroom cultivation, agriculture, greenhouse plant, barbering, and
calligraphy;
8- Introducing to the center for vigilance after tennination of the specialized
education, specially for the aid seekers under 18 years:
8-1 - Psychology and health consultancy;
8-2- Consultancy about the continuation of their education and taking care from
them in governmental centers;
8-3- Giving case by case support especially cultural expenses and
Operation and activities of the general director of judicial record and pardon and
clemency (from 1.7. 1378 up to 31. 6. 1386/ 23.9.1999 up to 22.9. 2007)
Activities of the commission of pardon and clemency
663. The commission of pardon and clemency by paying attention to the age of the
applicant for clemency and paying special attention to the under 18 years persons,
considers the files by considering the juvenility, lack of criminal record, lack of
repeating the crime, the condition of committing the crime, and social position.
Therefore the special attention and sensitiveness will be paid to the clemency of
the convicted persons who are under 18 years old.
664. Based on statistics from the year of 137 8/1999 to the year 13 86/2007, the total
number of those who have enjoyed from clemency is 218003 persons. The
statistics show the number of the persons enjoying clemency in the recent years
and this trend is in increasing mode.
665. The statistics till year of 1385/2006 is in general and does not provide the age
classification. But from the year of 1385/2006, is prepared with paying more
attention to the detachment tendency regarding the files of the children, children
and youth under 18 years old that their application for clemency is approved. From
22.11.1385/ 11.2.2007 till 17.11.1386/ 6.2. 2008, 84 case of clemnency has been for
262
this age group. The kind of the committed crime by children and youth under 18
years old has been as such: Narcotic drug, illegal intercourse, theft, intentional
homicide, counterfeit, contraband, making social disorder, keeping alcoholic
beverage, inflicting assault and battery, accident, and unintentional accident, and
conviction in terms of penalties has been execution, imprisonment, penal and
preventive punishment and cash penalties. The number of the approved
applications for reduction of penalties and clemency has been 11 cases. There has
been also 85 cases of approved application of those has been convicted to the
imprisonment, and there has been 15 cases of acceptance of clemency of those
applicants who have had convicted to penal and preventive punishments and cash
penalties.
666. Besides the pardon of the convicted persons under 18 years old, in
consideration of the files in case, in the guidelines and general decrees of clemency
that has issued in occasions of national and religious celebrations and the birthday
of the linains (Peace be upon them), some convicted persons under such guidelines
and decrees have been pardoned. One of the conditions of inclusion of this kind of
clemency is the age of the convicted persons and is comprised of age group of
under 18 years.
667. Some of the clemency decrees are:
1- Decree of year of 1378/ 1999 (dated 29.6.1379/ 20.9.2000), in occasion of the
birthday of linain Khomneiny (Mercy of the Allah be for himn), guideline of
clemency of the convicted women and age group under 18 years old,
2- Decree of clemency of the convicted person on occasion of twenty third of the
anniversary of the victory of revolution of 1379.
3- Guideline of clemency of convicted women and persons under 18 years dated
20.5.1380/ 11.8. 2001.
4-Decree of clemnency dated 22.11.1380/ 11.2. 2002.
5-Decree of clemnency dated 22.11. 1381/ 11.2. 2003.
263
6- Guideline of clemency on occasion of the birthday of Hazrat Fatima Zahra
(peace be upon her), dated 28.5. 1382/ 19. 8. 2003.
7-Guideline of clemency dated 22.11. 1382/ 11. 2. 2004.
Chapter three: Education and Research
First speech: Education and promotion of the rights of child and special
examination for youth
a- Short period educational courses
668. The held seminars and educational workshops by the judicial power from the
year of 1378 up to 1386 / 1999 up to 2007 did follow the educational trends and
correcting the operation of the related institutions connected to child more or most
of police, judges, aid workers and the schools. The goal of the all gathering and
seminars can be numerated as such:
Special examination for youth
Educating the special judges for children
Compatibility of the internal laws with the international nonns
Drawing and correction of special criminal policy for children and youth. (Please
refer to the sub appendix No. 134).
b- Development of official education and instituting the course of children criminal
law in university
669. Please also for getting information about those accomplished researches in the
field of children by the commissions of the deputy of judicial developmnent of the
judicial power see the sub appendix No. 133.
670. Regarding the paragraph 2-3 of article 24 in the field of registration of the
birth and the right of the child for having the namne and acquisition of nationality it
should be said that: one of the most imnportant tools for planning in different
economic, social, cultural, political, and educational sphere is correct information,
264
precise and on time in particular in relation of statistics of population and human
force; the infonnation that in all decision makings, policy makings and macro and
micro planning of the country are used and is of the important indices of the
growth and development.
671. Organization of personal registration with this viewpoint and based on its
duties laid down in law and in order to advancement of the proposed goals up to
now while follows up and execute its duties, in direction of organizing statistics on
registrar affairs and having access to the real rates of the life events, has render
additional activities in the form of different projects and by adopting methods
compatible and inconsistence with the situation of the regions of the country in
order to get closer to the registration of the four event of life, specially registration
of birth and death. One of the most imnportant project has been project covering the
registration of the life events in the country and up to now with planning, follow up
and carrying out of them in time has been able to find access to the proper and
reliable statistics in recent years so that the rate of death registration from
approximately 2.7 per thousand in the year of 1375/ 1996, has reached to 4.5 per
thousand at the end of the year of 1382/ 2003.
672. This project aimning the full registration of life events and bringing all urban,
rural and Tribal regions under the cover has beguin its activities and up to now has
been able through planning of the subject and setting up a headquarter at country
level and establishment of the coordinating council in all provinces and dependent
cities and following up the execution of the affairs in the personal registration
offices by control and inspection committees, to give continuation to the full
registration of life events and increases the per cent of registration. Later on we
will bring to your attention the statistics regarding the registration of four events of
life, i. e. birth, death, mnarriage, and divorce.
1-1- Registration of birth event
673. One of the main factors of change and mnetamnorphosis of population is the
registration of birth that solely will affect the growth and increase of the
population. The birth is an event of life that its event is not simnultaneous in all
population and happens in the length of time and best method for the collection of
265
information on birth is the method of registration of birth and this duty is entrusted
to the organization of personal registration.
674. Table 1 shows the statistics of the registered birth in whole country broke
down in current, suspended, and different urban regions during the years of -1382
1375/1996-2003. In this table the year of 1375 is the base year, and as the table
shows in all years the rate of registration of birth in compare of the base year is
increasing.
675. In year of 1375/1 996, though the number of the birth registration in compare
with the following years is greater that reflects the higher number of the birth event
but with the growth rate calculated for the decade of 60s is not comparable and
percentage of the current registered birth of that years is less than the rate of the
subsequent years.
676. However the registration of birth in the years of 1375-1379 has diminishing
trend, which is due to the economic, social, cultural and in particular the programs
of revision of births, but since the headquarter of the project, has assumed the
covering registration of events and current deadline its duty, the growth of
registration of the current birth in compare with the previous years has had
increasing trend so that in the year of 1375/ 1996, 1187903 events of birth is
registered in whole country from which 77 percent has been in current respite. In
year of 1382/ 2003, total numnber of registered births has been 1171573 which
indicate reduction in the registered births belonging to the year of birth. In this year
rate of registered birth with 9.9 percent growth has reached to the 87.4 percent. In
table 1 the position of the registration of the event of birth in the rural and city
region is also calculated and the numnber of the birth event in urban regions in the
year of 1382 in compare with the rural regions has enjoyed an increasing trend and
indicating the higher growth of urban population in years of 1375/1996-1382/2003.
Table No. 1- Registered birth event in whole country in tenns of place, gender,
total, current, suspended, in years of 137 5/1996- 13 82/2003
Title /vear Total Current Suspended Urban Region Rural region %of change
266
Total
Birth
Event
Number
Per
cent
Number
Per
cent
Male
Female
Male
Female
%Registration
of current
birth to tile
base year
1375
1187903
921056
77.5
266847
22.5
357610
343737
248085
238471
0
1376
1179260
943730
80.0
235530
20.0
363406
348223
237683
229948
2.5
1377
1186659
975215
82.2
211444
17.8
377255
361862
226555
220987
4.7
1378
1174279
979119
83.4
195760
16.6
380341
362733
68327
212578
5.9
1379
1095165
950232
86.8
144933
13.2
362834
346804
197702
187825
9.3
1380
1112193
964877
86.8
147316
13.2
369562
354610
197560
190561
9.3
1381
1122104
977684
87.1
144420
12.9
376051
358281
196608
191146
9.6
1382
1171573
1023995
87.4
147578
12.6
393044
375800
204686
198.42
9.9
1-2- Registration of death event
677. Death statistics is also one of the factors that affect the volume and
combination of the population. The registration of death event is also entrusted to
the organization of personal status registration.
678. In table 2 the statistics of the death registration during the years of 1375/1996-
13 82/2003 by the registered current and suspended events in the urban and region
regions is presented. This table shows that the total registered of the death events in
year of 1375 in compare of the total registered event in the year of 1382 apparently
has decreased 300 per cent, while it is said that the rate of the registration of the
death event has had increasing trend. This problem is related to the ad hoc project
of the registration of the death event that from 1373/ 1994 has been carrying out in
the organization of personal status registration and the said increase is belonging to
the registration of the death events that has been happened since this organization
was established but the said events has been not registered. Therefore the relatively
real statistics of the death events in each year is the current death events that their
number in each year or previous one/ base year has increased and this increasing
trend is the result of the activities of the organization of personal status registration
at whole country level. It means that the figure 168135, current event in 1375/1996
has reached to the figure of 301972 in year of 13 82/2003, which has increased the
rate of the death in the country from 2.7 per thousand in 1375/ 1996, to 4.5 per
thousand, and in some provinces to over 5 per thousand.
267
Table 2- Registered death events in whole country in tenns of place, gender, total,
current, suspended for years 1375/1 996- 1382/2003
Title/year Total Current Suspended Urban Region Rural region Change%
Title/year
Total death
registration
Number
Per
cent
Number
Per
cent
Male
Female
Male
Female
% of
change in
registration
of current
to tile base
year
1375
1240975
168135
13.5
1072840
86.5
194594
207415
357733
481532
0
1376
1031836
190922
18.5
840914
81.5
214893
214590
256693
343660
5
1377
551345
205681
37.3
345664
95.7
146070
137309
121045
146921
23.8
1378
506945
221703
43.7
285242
51.3
148135
147319
95898
118593
30.2
1379
382674
235067
61.4
147607
38.6
103290
106553
83615
71559
47.9
1380
421525
252588
59.9
168937
40.1
134167
109268
89502
88588
46.4
1381
337237
266298
78.9
70939
21.1
13138
102705
56797
46349
65.4
1382
368518
301972
81.9
66546
18.1
18.1
147908
117331
43459
68.4
1-3- Registration of the events of marriage and divorce
679. These two event from the change of the family position and marriage of the
persons is important and will result to the evolution and change in structure of
population of any country. With regard to the considerations that so far have been
done, now it is clear that the rate of marriage and divorce in any society depends to
the economic, social and cultural condition and position, and any metamorphosis in
these positions has direct effect on the trend of marriage and divorce.
680. On the other hand the set forth duties in the law concerning the personal status
registration, registration of mnarriage and divorce and any change and
transformation in record documents and birth certificate of the person is very
imnportant so that planning and registration of these event on time in the identity
documents pf the persons is of the fundamental program of the organization of the
personal status.
681. Statistics shows that both events of mnarriage and divorce have had increasing
trend and this increase has had different reasons among which the most important
reason is population growth and the age groups belong to the decade of 1360/
1980. Therefore, the number of the couples mnarried in year of 1375/ 1996, is equal
268
to 479263 cases and this figure in year of 13 82/2003 has been 681034 cases which
shows 42 percent growth.
Issuance of birth certificate and certificate
682. One of the most fundamental duties of the organization of the personal status
that it is emphasized in the article pf related law is the registration of birth and
issuance of the birth certificate and renewing the current birth certificates that are
in the hand of the people. Tables 3 and 4 show the number of issued birth
certificates and certificate in years 1375/1996-1382/2003.
Islamic Republic Birth Certificate
Kind of birth
certificate!
total
New born birth
certificate
Renewed birth
certificate
New designed
birth certificate
Duplicate copy
of birth
certificate
year
1375
1639530
1185440
246915
62364
144811
1376
1670297
1179455
224421
41311
225110
1377
1715194
1180822
240925
35451
257996
1378
1793847
1174193
245475
36244
337935
1379
1692670
1094178
376784
21040
200668
1380
1808239
1113657
475378
21971
197233
1381
1924990
1123046
562696
14024
221861
1382
2300848
1168228
805991
14579
281966
Table 4- Number and kind of certificate issued in the years of 1380/200 1-
1382/2003
Title!
Year
1380
1381
1382
Death certificate
488960
476705
545486
Certificate of not
married (for
Iranian in abroad)
3223
3471
3333
Certificate of
specification
7331
7090
5926
Demand for giving
infonimtion on
personal records
304495
406758
255510
General Director of the status registration of foreign affairs
683. This general director now is working with three departments giving necessary
services to 110 consulates in foreign countries
269
Announcing the national number and issuance of identity card
684. One of the peculiarities of the modern society is having an efficient, rapid,
and confident administration for policy making, planning in different economic,
social, cultural, and political fields. In another word, efficient administrative
system is the stimulating engine of development in any country. Therefore
development necessitate the govenimnent to enjoy from an equipped, modern, and
developed administrative system in order the allocation of resources and
investment in different sectors of the country to be done in an efficient and balance
way, and far from wasting the resources.
Organization of the personal status as an organization that has duty of perform
registration and presentation of basic services such as birth, death, mnarriage and
divorce, by enjoying from comprehensive and informative system of personal
statistics through mechanized system is able to design and perform the personal
statistical system of the country.
Some of organization of the personal status's activities regarding establishment of
the comprehensive identification of Iranian is as follow:
Allocation of national number and postal code to the rural population in the year of
1376 for 9 mnonths;
Beginning to notify the national number to the departments from the year of 1379
and onward;
Beginning to notify the national numnber to the city's inhabitants in four stages;
Beginning and installing the equipmnent of national identification card in the year
of 1379/2000;
Proposing and creation of the centers for presenting of nationality and identity
services in the year of 1379/2000;
Starting the issuance of the national identity card in 1380/2001;
270
Operating the telephonic system for giving reply to the inquiries about the national
number in 138 1/2002;
Putting in operation the information web site of the organization of the personal
status in the year of 1381/2002;
Setting up the comprehensive system of Iranian identification in city of Semnan in
the year of 138 1/2003;
Providing the proposal regarding Iranian identification internet for presenting to
the TECFA.
675. On 24.2.1377/ 14.4.1998, the obligatory law concerning allocation of national
number and postal code for all Iranian subjects was approved and its by-law was
communicated to all executive apparatuses. Therefore with the cooperation of the
post corporation the information was collected and the Post Corporation became
site of the places of country till with establishmnent of the population site of the
country the possibility of the execution of the law also to be prepared. In other
word the set up of these two sites was foreground of presentation of electronic
identity services and issuance of the national identity card.
676. These two sites by using 10 digits will transfer individual and local
infonnation to the numbers and codes. These numbers and codes in the site of
country's infonnation and in the site of country's locations are introduced with
postal codes. These two series of numbers (national number + postal code) are one
of the new phenomena and will establish a solid and consolidate relation among
different organs and organizations. In other word, these two numbers together will
define the identification and address of the persons.
Communication of national number and postal code
677. With regard to the aforesaid subject the organization of the personal status
with the cooperation of the Post corporation from the year of 1379 began to
communicate the national number and postal codes on the sample of the special
cards and in this connection the activities shown in the table No. 5, has been done.
271
Table 5- Related actions regarding the communication of national number and
postal codes
Communicated
card/ title
Total population
Cards delivered
Remaining
Urban population
43,683,289
35,500,000
6,500,000
Rural population
22,797,077
19,500,000
3,500,000
Total
66,480,366
55,000,000
11,000,000
6-1 - Stages of communication of national idneti8ty number
1- Communication of national numnber through the issuance of the remedial
insurance services card of in rural regions approximately to the 15/000/000
persons.
2- Comnmnunication of national numnber and postal codes to the inhabitants of the
cities in 4 stages as it is mnentioned in table 6.
Table No. 6- Stages of the communication of national number
Row
Stages of
communication
Number of the
issued card
Number of
distributed card
1
Stage one year
1379/2000
12/000/000
5/000/000
2
Stage two
1380/2001
20/715/533
16/247/266
3
Stage three
1381-82/2002-3
8/191/299
7/150/754
4
Stage four
1383/2004
3/003/000
Distribution is
continuing
6-2- Comnmnunication of national numnber in form of issuance of the national
identification card to the inhabitants of the cities
272
678. With regard of obligatory law of the allocation of national number and postal
codes to all Iranians in form of identity cards from the time of operation of
issuance of national identity card (Mordad 1380/ August 2001) up to end of Tir
1383/July 2004, 12/000/000 national identity card is issued.
6-3- Communication of national number to the organizations
679. In order to carry out the approval of the article 5 of the procedure regarding
the communication of the national number and postal code from the year of 1378,
the communication of the national number to the different organization was begun
and up to the end of Tir 13 83/ July 2004, more than 105/000/000 record consisting
national number was given to the related organizations.
6-4- allocation of national number to those who born in 1368/1989 and onward
680. For those who born in 1368/1989 and onward, instead of birth certificate
numnber, the numnber of national identity is inserted and up to now nearly
20/000/000 numnber is allocated.
With regard to the fact of existing co-covering in some of the above statistics, up to
now around 5 6/000/000 persons of Iranian citizen has got their national number
and since the total population of the country in 1382/2003, according the center of
statistics of Iran was 66/480/3 66, around 11/000/000 of our fellow citizens do not
know their national numnber.
6-5- Issuance of national identity card
681. The project of issuance of the national identity card was began from Mordad
13 80/july 2001 and up to the end of Shahrivar/ September 1383, around
12/812/582 card was issued. The deadline for delivery of the national identity card
to all persons of the country is foreseen to be 1385/2006-7.
Table No. 7- Issuance of national identity card
Title/year
No. of applications for
identity card
No. of issued cards
1380/ 2001
248/027
117/369
273
1381/ 2002
2/687/745
1/933/513
1382/2003
7/547/744
7/364/439
Diagram 1383/ 2005
3/427/171
3/461/000
Total
13/910/687
12/812/582
Reorganizing and updating of archives of the personal records
7-1- up dating of the documents
682. Registration of latest life event of anybody in the document is done from
those infonnation that is inserted in declarations and documents; the documents
that are mainly declarations of birth, death of the holder of the document, and his
wife/husband and the child(ren), marriage, divorce, recourse of marriage, grant the
remaining period of the temporary marriage, change of name and family name and
affixing the photograph.
683. Declaration of birth though the offices of personal status registration, and
declarations related to the events of marriage and divorce is sent through the notary
public for marriage and divorce, and will register in the personal record
documnents.
684. In the past due to the different reasons, registration of these declarations in the
document either was not complete or was done with some timing gap so that the
problem of discrepancy between the infonnation that is registered in the birth
certificate and the documents in term of development in mnarriage and divorce has
been criticized. In recent years specially in year of 1380 in the organization of the
personal status it is serious detennination for registration of declarations and up
dating of the informnation in the documnent and also population's informnation site of
the country and compatibility and consistency of the said site with the personal
record and the birth certificate has attracted the attention of the organization of the
personal status and so far by executing the refinement project has been able to
remove important section of these discrepancies.
274
High council of personal status registration
685. Article 2 of personal status registration law in connection with the duties of
the High council of personal status registration states: for study and proposing
technical methods and giving opinion on amendment or change of fonns of
samples of statistical and personal records and their publishing and preparation of
guidelines and technical methods and the manner of collecting the cancelled paper
and regulating and protection of document and personal records document, in the
center of personal status registration of the country a council under the name of
High council of personal status registration. The members of the High council of
personal status registration would be: Head of personal status registration or his
deputy and one of the faculty of law appointed by the Chancellor of the University
of Tehran and one of judges appointed by the Minister of Justice, and one of the
staff of the Organization of personal status registration appointed by the Head of
Organization of personal status registration and representative the Iran Statistics
Center. The Deputy of the Minister of Interior and the Head of Organization of
personal status registration or his deputy would be in chair and the decision taken
by simple majority would be in force.
Note: Method of collection and publishing the human statistics and preparation of
the related sample proposed by Organization of personal status registration would
be detennined after the consideration of the views of Iran Statistic Center and
approval of the High council of personal status registration.
686. In execution of the said regulations, High council of personal status
registration on its session on 28.6.1355,/ 19.9.1976, and its subsequent meeting,
appropriate to the proposed subject took some decision. After the glorious victory
of the Islamic revolution of Iran, High council was established in 1362/ 1983 was
set up and till 1367/ 1988 in connection with the barred name and some guidelines
have had some activities.
687. After a 13 years cessation in view of new guidelines regarding improvement
and revising the old guidelines.., and reactivation of High council of personal
status registration by the decision of the esteemed Head of the personal status
registration, the council reorganized itself and set up the expert committees with
the membership of senior mangers and high experienced experts of the personal
275
status registration organization and by having several session has considered
several subjects and has approved following points:
Method of the work in High council of personal status;
Specialized duties;
Duties of the secretary of the High council of personal status;
Method regarding allocation of postal codes to the Iranians in abroad;
Guideline concerning family name;
Permission regarding propagation of approvals of High council of personal status
by the mass media;
Permission regarding execution of current guidelines of the organization for six
months;
New guideline of article 45 of law of personal status registration;
Guideline regarding the issuance of the new birth certificate;
Authorization of executive guidelines regarding establishment of the future system
of personal status registration for one year;
Approval of the sample of new birth certificate;
Executive guideline concerning article 34 of personal status registration's law;
Guideline regarding method of affixation of photograph on the birth certificate;
Guideline regarding the correcting the discrepancies in personal status documents;
Amending article 45 of the law of personal status registration;
Executive guideline for rendering the registration services to those who were
afflicted by the Bain earthquake;
276
Issuance of new identity card;
Considering the statistical operation fonns;
Guideline regarding the method of issuance of non married certificate.
12- Preparation of the name book
678. Organization of personal status registration due to its operational contents is
facing with the cultural subject regarding the selection of the name and name
selection. Since the culture of name selection from one side is reflecting the culture
and national identity as a collection of values, beliefs, and attitude and thought of
the people in the society, and from the other side, the expansion of the culture of
urban life, higher education, knowledge, communication and information is facing
with the new words and subjects, therefore selection the name besides its
meaningfulness and identification of personal character, due to its social effects
and model acceptability, could affect collective identity too. Therefore selecting
the proper names and compatible to the national culture could aid the richness of
national identity, and vis a vis choosing and promotion of alien names and
incompatible with national culture could have destructive effect to the national
unity and integrity. Therefore for the sake of preserving the identity and national
culture and giving infonnation to the public, Organization of personal status
registration has prepared a collection of names which consist about 6000 name.
These names in form of guideline book are in access of the executive debarinents
throughout the country and is also access able in the web site of the Organization
of personal status registration and is going to be printable and therefore be within
the reach of public in near future.
Article twenty five
679. In the Islamic Republic of Iran, election based on “election law”, that is
approved by the Islamic Consultative Assembly, and is communicated to the
mninistry of interior for the execution, will be held. In the election law of each
elections of the President, the Islamic Consultative Assembly, Assembly of
Experts of leader and Islamic Councils, the condition of the those who are eligible
to be elected and those who can elect is clearly defined. According to the election
277
law, the Council of Guardian will supervise the execution of election law by the
executive persons and in all stage of the elections is directly present and if in any
stage of election see anything contrary to the law, can have legal encounter with it.
The elections that are held in the fonn of general and throughout of the country by
the Ministry of Interior, are:
Presidential election every four years;
Election of the Islamic Consultative Assembly every four years;
Election of Council of Expert every eight years;
Referendum that its holding has no specific time in is going to be held in ad hoc
manner.
Presidential election in Iran
680. Term of office of President in the Islamic Republic of Iran is four years and
the Ministry of Interior has duty to prepare the preliminary executive works for
holding the election of the next President three months before it by observing the
articles 119 and 131 of the Constitution, and will inform the public from the
arrangemnents of the elections including time of registration of the name of
candidates through mass media.
681 Elections will be held in direct and general form with covert vote of all Iranian
citizen (both inside and outside) and result, by getting absolute majority, will be
announced. Supervising the Presidential election is entrusted to the Guardian
Council. This supervision is general and in all stages and in all related affair to the
election would be running. If in the first stage of the election none of candidate did
not allocate the absolute majority of the vote to himnself, election will go to the
second stage that means two candidates that has got highest vote will run for
Presidency in the second stage.
Those who want to be elected at the time of registration must have following
qualification:
Be from political-religious men
278
Iranian by origin
Citizen of the Islamic Republic of Iran
Manager and prudent
Having good record in virtue and honesty
Faithful and believer in foundation of the Islamic Republic of Iran and official
religion of the country
Those who want to elect should have following qualifications
Citizen of the Islamic Republic of Iran
To be in sixteen year of age
To be sane
682. In order to guarantee the equal behavior toward the candidates for Presidency
and having access to the governmental possibilities, a commission under the title of
commission for consideration of election propaganda will be established in the
Ministry of Interior. According to the article 63, the member of the commission for
consideration of election propaganda are:
Attorney general of the country or his full authority representative,
Minister of Interior or his full authority representative,
General Manager of Voice and vision of the Islamic Republic of Iran or his full
authority representative,
Note: The Guardian Council can appoint one of its member or from outside for
supervising the said comnmnission.
683. The announcement of the result of investigation of complains on Presidential
elections through mass media is entrusted to the Council of Guardian. This council
within one week or if it be necessary within maximum 10 days after receiving the
279
result of the Presidential election will announce its definite opinion on the election
to the IVlinistry of Interior and Ilvlinistry of Interior through the mass media will
announce the final result to the public. By paying attention to the political structure
of Iran before Islamic revolution and newly establishment of the republic system in
Iran, participation over 85 percent of eligible people in tenth course of Presidential
election indicates the fact that the base of decision making and macro and national
policy making inthe Islamic Republic of Iran is based on political participation of
the citizen and they aware of the importance of their role and participation day by
day, more and more in compare to the past.
Law concerning the election of Council of Experts
684. Law concerning the election of Council of Experts of leader is based on
articles of fifth, hundred and seventh, and hundred and eighth of the Constitution.
Based on second chapter of the law, the qualification of those who should be
elected is as follow:
a) To have fame in religion, trust, and moral merit
b) To be qualified for religious leadership, Ijtehad, in that extend that be able to
understand some Islamic jurisprudence and be able to distinguish the Valy-i faqih
qualified for leadership.
c) Enjoying the political and social insight and to be aware of the issues of the day
d) To be convicted to the system of the Islamic Republic of Iran
e) having no political and social inal-record
Note 1- The authority that will distinguish the above qualification of a person
would be the Faqihs of the Guardian Council of the Constitution.
Note 2- Those whose Ijtehad be confirmed by the Supreme Leader, explicitly or
implicitly, do not need from the scientific view to be distinguished by the Faqihs of
the Guardian Council.
280
According to the chapter three, qualification of those who will choose is to be
Iranian national and having 1 5 years in full.
685. According to the article five, the tenure course of those who are elected is
eight years, and six months before termination of the each course, election of the
next course should be begun so that three months before the tennination of the
rumming course, the election of the next course to be finished.
Regarding the voting it should be said that voting would be covert and direct, and
election will take place in one day and if it was necessary it will be extended and
the member of the Council of Experts will be chosen by the proportional majority.
Election of the Islamic Consultative Assembly
Based on the law concerning the election of Islamic Consultative Assembly,
ratified on 7.9. 1378/ 26.11.1999, regulation concerning the election of the Islamic
Consultative Assembly is:
686. Articlel- The election of the Islamic Consultative Assembly will be held
according to the regulation of this law and the government is obliged in holding the
election of the Islamic Consultative Assembly to take an arrangement that before
the tennination of the previous course the election has been done so that the
country be not lifted without Majlis.
687. Article2- The number of the members of the Islamic Consultative Assembly is
two hundred and ninety and the increase of the member would be subject to the
article sixty four (64) of the Constitution.
Note- From the total numbers of the representative five seats is allocated to the
religious minority: Zoroastrian and Jewish minorities each one representative,
Assyrian and Chaldean Christians together one representative, and the Armenian
Christian of South and North each one representative.
Article3- Supervision of the election of the Islamic Consultative Assembly is
charged to the Guardian Council. This supervision would be of correction content
and general, and would be carried on in all stages of the election.
281
Article7- Election would be held in covert voting, direct and general manner.
Article8- The election of the representative in first round is subject to the
acquisition of at least one fourth of whole casting vote and in the second stage with
the proportional vote whatsoever that be.
Article 10- in each stage a person can vote only one time with his/her birth
certificate.
688. Articlel2- Election of religious minority would be done in Tehran for
religious minorities of Zoroastrian, Jewish, Assyrians, Chaldean and Annenian of
the north by the general governor of Tehran, and election of the Armenian of the
south of the country by the general governor of Isfahan and the governors of those
districts that the said minority are resided in it.
Article 16- Police forces according their legal duties are responsible for preserving
the order and prevention of any disorder where and when the election is running
and safeguarding the ballot boxes and have no right to intervene in the election.
Article 25- Ministry of Interior is in charge of execution of the election law of the
Islamic Consultative Assembly and is responsible for the holding the election in
good manner. In doing so, the said Ministry can dispatch some officials to the
constituencies and the branches of collecting vote, for control and inspection of the
election process.
Note: No other organization or departmnents save the Ministry of Interior and the
Guardian Council is allowed under the excuse of the execution of election law or
supervision to intervene in the process of election or to dispatch any officials or
inspectors.
Article 27- Those who are going to elect should have the following qualification:
1- To be of the Islamic Republic of Iran nationality
2- Having full eighteen years
3- To be sane
282
Article28- Those who want to be elected should have following qualification at the
time of registration as candidate:
1-Full belief and commitment to Islam and the sacred system of the Islamic
Republic of Iran.
2-the Islamic Republic of Iran citizenship
3. Showing practical allegiance to the Constitution and the progressive principle of
the absolute rule of the Supreme Jurisprudence (velayate faqih)
4. Having at least the academic degree of Associate Diploma or its equivalent
5. Being free from ill reputation in the election district
6. Physical health to the extent of being blessed with vision, hearing and speech
capabilities
7. Minimum age 30 and maximum 75
Note 1- Religious minorities shall be exempt from practical allegiance to Islam
mentioned in paragraph (1) but must be finn in commitment to their own religion.
Note 2- The bachelor degree or equivalent to it providing to have (5) years
experience in executive services at the level of expert and higher in private or
public sectors or (5) years educational experience or research with the confinnation
of the related authorities or having been for one course representative of the
Islamic Consultative Assembly, the is equivalent to the senior expert degree/
Master degree.
Article30- The following person are barred to be elected as the representative of
the Islamic Consultative Assembly:
1- Those who have had effective role in consolidation of the previous system.
2- Big landholders that have registered the dead lands in their name.
3- The organizational dependants and partisan of the parties, organizations, and
groups that the expedient authorities have announced their illegality.
283
4- Those who have condemned to an offence against the Islamic Republic of Iran.
5- Those who have been convicted to the apostasy by the competent judicial
courts.
6- Those who are for famous for corruption and notorious for debauchery.
7- Those who have been convicted to the religious hoddod unless their repentance
has been approved.
8- Narcotic drug contrabandists and addicted to the narcotic drugs.
9- Interdicted persons and those who are by the Ruling given by the court are
subject to the article forty nine of the Constitution.
10- Dependants to the previous regime such as the member of the association of
cities and towns and dependant to the freemason organization and those being in
charge of cells of Rastakhiz and Iran Novin Parties and active member of them,
representative of the previous Majlis-i Shoray-i Melli, and senate and Savak
officials.
11- Those who has condemned for treason and fraud, embezzlement and bribery
and usurpation of the property belong to the others, and those who have been
convicted to the financial corruption by the judgment of competent courts.
Councils in the Islamic Republic of Iran
690. The constitution of the Islamic Republic of Iran has several articles and
paragraphs regarding the popular participation through holding the extended
election of local councils. In true religion of Islam give great attention and
importance to consultation, especially where and when the societies and general
public of the people must take decision regarding their own issues and should sit
together and consult with each other. On this base the role of the people is
repeatedly emphasized in the constitution.
284
Paragraph 8 of article 3 of the constitution ask the government to use its outmost
possibilities on order to prepare the ground for the participation of the entire people
in determining their political, economic, social, and cultural destiny.
691. According to the order of the great Qur'an: “Their affairs are by consultations
among themn” , and “Consult themn in affairs”, the councils, the Islamic
Consultative Assembly, Council of Ostan / province, Council of City, Council of
Town, Council of Place, District, Village, and so on are the decision making
organs and administration of the affair of country.
Article 100 of the constitution describe the field and boundaries of the
responsibilities of the Islamic councils as such:
692. In order to expedite social, economic, development, public health, cultural,
and educational programs and facilitate other affairs relating to public welfare with
the cooperation of the people according to local needs, the administration of each
village, division, city, municipality, and province will be superseded by a council
to be namned the Village, Division, City, Municipality, or Provincial Council.
Members of each of these councils will be elected by the people of the locality in
question.
(2) Qualifications for the eligibility of electors and candidates for these councils, as
well as their functions and powers, the mode of election, the council jurisdiction,
and the hierarchy of their authority will be detennined by law.
In article 103 is also it is said that:
693. Provincial governors, city governors, divisional governors, and other officials
appointed by the govenimnent must abide by all decisions taken by the councils
within their jurisdiction.
The law concerning election of the Islamic Councils has been reconsidered and
revised in for several time and the latest one has been settled as the base of the
recent local councils.
The first election of the councils of city and town was held in 1378 / 1999.
Approximately 25 million of Iranian citizen voted in that election and chose
285
236138 representatives from 328862 male candidates and 7276 female candidate.
According to the comments of Mrs. Zahra Shojaei in the first gathering of female
representatives of the Islamic Councils of the country, “the level of participate of
women has been 40 percent more than participation in fifth election of the Islamic
Consultative Assembly”.
694. From 7276 female candidates, 4688 persons have been from the cities and
2588 candidates from the villages. Women have constituted 7.3 per cent of total
candidates and in compare with their participation could get the high share of
representatives in the councils, i. e. 7.7 percent to themselves. 300 women in 233
cities and 483 women in villages were elected. Among 177 City Councils, one
council was under chairwomen, in 48 council two female representatives, in 60
councils, 3 female representatives and one council had 4 female representatives.
Province of Tehran had the highest rate of the women participation. Women of
Tehran got 29 seats in the councils. Khuzestan province with 26 female
representatives got the second rank and Gilan, Isfahan, and Kerinan by having
respectively 25 and 24 and 23 female representative got the subsequent ranks.
Approximately 15 per cent of elected women can read and write, more than 30 per
cent have elementary certificate, 25 per cent directing level (unfinished), and 15.5
per cent have had secondary school certificate, 7 per cent have had above diploma
certificate, 6.6 per cent have had bachelor degree and above. 21 per cent have had
theological education, and remaining did not mention their education. 55 per cent
of the women have been housewife, 35 per cent of them have had civil servant
profession, 3 per cent worked in private sector, and around 4 per cent were
occupied in agricultural activities.
Statistical Table of Held Election after the Victory of Islamic Revolution
Row
Election
Date of
Holding
Qualified
For to
elect
Number of
participants
Per
cent
Number of
candidates
Number of
constituency
Number of
needed
representative
1
Referendum
forchanging
10 and
11.1.1358/
20857391
20440108
98.00
-
1
-
286
the regime
1.4.1979
2
Experts for
final
consideration
of the
constitution
12.5.1358/
3.8. 1979
20857391
10784932
51.71
428
24
72
3
Referendum
for
confirming
the
Constitution
11 and
12.9.1358/
2 and
3/12/1979
20857391
15690142
75.12
-
1
-
4
First
presidential
election
5.11.1358/
25.1.1980
20993643
14152887
67.42
124
1
1
5
Firstlslamic
Consultative
Assembly
election
24.12.1358/
15.3.1980
20857291
10875969
52.14
3694
193
270
6
2 nd
presidential
election
2.5.1360/
24.7.1981
22687017
14573803
64.24
71
1
1
3 d
Presidential
election
10.7.1360/
2.10.1981
22687017
16847717
74.26
46
1
1
8
ls t Councilof
Expert
choosing
leader
19.9.1361/
10.12.1982
22277871
18013061
77.38
168
24
82
9
2 courseof
the Islamic
Consultative
Assembly
26.1.1363/
15.4. 1984
24143498
15607306
64.64
1592
193
270
10
4 th
Presidential
election
25.5 .64
25993802
14238587
54.78
50
1
1
11
3rdcourseof
the Islamic
Consultative
Assembly
19.1.1367
2798673
16714281
59.72
1999
193
270
12
5 th
Presidential
election
6.5.1368
30139598
16452677
54.59
79
1
1
13
Referendum
of revision of
the
constitution
6.5.1368
30139598
16428976
54.51
-
1
-
14
2 ' Council of
Expert
16.7.1369
31280084
11602613
37.09
180
24
82
287
choosing
leader
15
4thcourseof
the Islamic
Consultative
Assembly
21.1.1371
32465558
18767042
57.82
3233
196
270
16
6 th
Presidential
election
21.3.1372
33156055
16796787
50.66
128
1
1
17
Sthcourseof
the Islamic
Consultative
Assembly
18.12.1374
3471600
24682386
71.10
8365
196
270
18
7 th
Presidential
election
2.3.1376
36466487
29145754
79.93
238
1
1
19
3 Council of
Expert
choo sing
leader
1.8.1377
38550597
17857869
46.32
396
28
86
20
1st Islamic
councils
7.12.77
36739982
23668739
64.42
65277 Cities,
450 small
towns,270411
village
718
24
32677
-
21
6thcourseof
the Islamic
Consultative
Assembly
29.11.1378
38726431
26082157
67.35
6853
207
290
22
8 th
Presidential
election
18.3.1380
42170230
28081930
66.59
814
1
1
23
2lxhlslamic
councils
9.12.1381
41127547
20235898
49.2
33774 Cities
138 small
town
185045
village
906
17
36295
4828
51
1047090
24
7thcourseof
the Islamic
Consultative
Assembly
1.12.1382
46351032
23734677
51.21
8172
207
290
25
9 th
Presidential
election, 1 st
round
27.3.1384
46786418
29400857
62.84
1014
1
0
26
9 th
3.4.1384
46786418
27958921
59.76
2
1
1
288
Presidential
election, 2 nd
round
Statistical Information on 1 st Round of Election of Islamic Council in term of
Ostan/Provinces
Row
Name of Ostan
The Qualified
Persons for voting
Cast Votes
Percent of
Participation
1
East Azerbaijan
2185401
1441961
65.98
2
West Azerbaijan
1472939
1065570
72.34
3
Ardebil
696138
516548
74.20
4
Isfahan
2609347
1411937
54.11
5
lilam
269025
250972
93.29
6
Boushehr
442110
323420
73.15
7
Tehran
7033815
2744999
39.03
8
ChaharMahland
Bakhtian
432470
383912
88.77
9
Khorassan
3699378
2487204
67.23
10
Khozestan
2019005
1346222
66.68
11
Zanjan
568447
400815
70.51
12
Senman
330200
237795
72.02
13
Sistanand
Baluchistan
660512
566853
85.82
14
Fars
2320620
1589431
68.49
15
Ghazvin
592633
444380
74.98
16
Ghom
506597
253568
50.05
17
Kurdistan
653848
570253
87.21
18
Kerman
1062793
854255
80.38
19
Kermanshah
1053301
793816
75.36
20
Kuhkilluieh and
Bouyer Ahmad
267999
267979
99.99
21
Gulistan
869613
679540
78.14
22
Gilan
1560607
1132476
72.53
23
Lurestan
891393
695170
77.99
24
Mazanthran
1739635
1309072
75.25
25
Markazi
768583
497235
64.70
26
Hormozgan
513678
409284
79.68
27
Hamadan
1047568
682987
65.20
28
Yazd
472327
311085
65.86
Total
36739982
23668739
64.42
289
Statistical Information on 2' Round of Election of Islamic Council in term of
Ostan/Provinces
Row
Name of Ostan
The Qualified
Persons for voting
Cast Votes
Percent of
Participation
1
East Azerbaijan
2312600
1096871
47.43
2
West Azerbaijan
1576620
977123
61.98
3
Ardebil
682558
445475
65.27
4
Isfahan
2792088
970776
34.77
5
lilam
350015
255822
73.09
6
Boushehr
524266
288327
55
7
Tehran
7840698
1871867
23.87
8
ChaharMahland
Bakhtian
529625
341544
64.49
9
Khorassan
4025710
2201208
54.68
10
Khozestan
2232787
1292652
57.89
11
Zanjan
554802
353494
63.72
12
Senman
367040
205903
56.10
13
Sistan and
Baluchistan
900575
708394
78.66
14
Fars
2460000
1377065
55.98
15
Ghazvin
718800
395758
55.06
16
Ghom
548136
169678
30.96
17
Kurdistan
934011
497590
53.27
18
Kerman
1436683
829731
57.75
19
Kermanshah
1234000
7471128
60.55
20
Kuhkilluieh and
Bouyer Ahmad
343653
271976
79.14
21
Gulistan
902150
675227
74.85
22
Gilan
1580000
1043116
66.02
23
Lurestan
1014324
560761
55.28
24
Mazanthran
1599154
1065949
66.66
25
Markazi
891377
374083
41.97
26
Hormozgan
612636
417684
68.18
27
Hamadan
1037475
548003
52.82
28
Yazd
500000
252693
50.54
Total
40501783
20235898
49.96
Participation of the women in Iran Election
Islamic revolution with the vast participation of women became victorious. Though
the women could not have meaningful presence, i. e. in the year of 13 59/1980 only
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four women have been elected as the representative of the Islamic Consultative
Assembly, but in the fifth course of the Islamic Consultative Assembly which was
held in 1374 / 1995, 14 women were among those was elected for the Islamic
Consultative Assembly representation, and Women participation in the 2 nd 3 rd
and 4 thi courses of the election of the Islamic Consultative Assembly was indication
of the activity of 4, 3, and 9 women in the Islamic Consultative Assembly.
692. In the 3 courses of elections of the Islamic Consultative Assembly, only the
representatives of Tehran were winner and could find there way to the Islamic
Consultative Assembly But in the 4 thi course for the first time there were also
women from other cities that won the election and could get some seats in the
Islamic Consultative Assembly. In the 5 thi course 7 from 14 female representatives
of Islamic Consultative Assembly that won the election and got their way to the
Islamic Consultative Assembly were from the Ostans/ provinces (two
representatives from Isfahan, two representatives from Mash had, one
representative from Mallayer, one representative from Hainadan, and one
representative from Uruinieh).
693. In the recent course there were 502 women who run for the victory in the
election among which 70 per cent were from cities other than Tehran, and 30 per
cent of remaining were from Tehran. In this course the women of Ghoin with 16.7
per cent have had the highest rate of participation in the Islamic Consultative
Assembly's election. On the other side the province of lilain was the sole province
the any woman was not candidate for the Islamic Consultative Assembly election.
694. While the rate of participation in election is still very low, i. e. 7.3 per cent of
all candidates in recent election were women, but this participation rate is two time
of the rate of participation of women in the year of 1375/ 1996. the trend of women
participation in the election of Islamic councils will paved the way for better and
higher participation of them in election in the future.
Article twenty six
695. In the constitution there are several articles that are on the equal rights of the
men and women from the legislator's viewpoint. In these articles legislators have
brought the word “anyone” and there is no any distinction between the persons
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from the gender and ethnical belonging, religion, nationality, or race, points of
view.
In the third article of the constitution we read: “In order to attain the objectives
specified in Article 2, the govenimnent of the Islamic Republic of Iran has the duty
of directing all its resources to the mentioned cases...
Paragraph 6- the elimination of all fonns of despotism and autocracy and all
attempts to monopolize power...
Paragraph 9- the abolition of all fonns of undesirable discrimination and the
provision of equitable opportunities for all, in both the material and the intellectual
spheres...
Paragraph 14- securing the multifarious rights of all citizens, both women and
men, and providing legal protection for all, as well as the equality of all before the
law...
The article 20 of the constitution also states:
“All citizens of the country, both men and women, equally enjoy the protection of
the law and enjoy all human, political, economic, social, and cultural rights, in
confonnity with Islamic criteria.”
And article 34 of the constitution says:
“It is the indisputable right of every citizen to seek justice by recourse to
competent courts. All citizens have right of access to such courts, and no one can
be barred from courts to which he has a legal right of recourse.”
And article 35 of the constitution says:
“Both parties to a lawsuit have the right in all courts of law to select an attoniey,
and if they are unable to do so, arrangements must be made to provide them with
legal counsel.”
And article of 37 of the same law says:
292
“Innocence is to be presumed, and no one is to be held guilty of a charge unless his
or her guilt has been established by a competent court.”
And article forty of the constitution says:
“No one is entitled to exercise his rights in a way injurious to others or detrimental
to public interests.”
And the article of 46 of the same law says:
“Everyone is the owner of the fruits of his legitimate business and labor, and no
one may deprive another of the opportunity of business and work under the pretext
of his right to ownership.”
And the article of 56 of the constitution says:
“Absolute sovereignty over the world and man belongs to God, and it is He Who
has made man master of his own social destiny. No one can deprive man of this
divine right, nor subordinate it to the vested interests of a particular individual or
group. The people are to exercise this divine right in the manner specified in the
following articles.”
In connection to the equality of the authorities with other citizen, the article 140 of
the constitution says:
“Allegations of common crimes against the President, his deputies, and the
Ministers will be investigated in common courts of justice with the knowledge of
the Islamic Consultative Assembly.”
696. The article 141 also says:
“The President the deputies to the President Ministers and Government employees
cannot hold more than one Government position, and it is forbidden for them to
hold any kind of additional post in institutions of which all or a part of the capital
belongs to the government or public institutions, to be a member of the Islamic
Consultative Assembly, to practice the profession of attorney or legal adviser, or to
hold the post of president managing director, or membership of the board of
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directors of any kind of private company, with the exception of cooperative
companies affiliated to the govenimnent departments and institutions.
Teaching positions in universities and research institutions are exempted from this
rule.”
And the last line of the article 109 about the position of leadership says:
“In case of multiplicity of persons fulfilling the above qualifications and
conditions, the person possessing the better jurisprudential and political
perspicacity will be given preference.”
697. Article 142 of the constitution also says:
“The assets of the Leader, the President, the deputies to the President, and
Ministers, as well as those of their spouses and offspring, are to be examined
before and after their tenn of office by the head of the judicial power, in order to
ensure they have not increased in a fashion contrary to law.”
Ordinary laws
698. It should be mentioned that according to the regulation of Code of Civil
Procedure, and Code of Criminal Procedure, there is no any distinction between
Iranian and non Iranian and discriminatory tone is prevalent in both laws since this
subject has been very clear to the legislator and there is no any where in the law
that legislature refer to a specific individual and for example has referred to private
complaint or private claimer or for example in article 9 of the Code of Criminal
Procedure it is referred to the person that is inflicted from a crime and undertook
loss and damage. This person could be from any nationality with any religion or
color and from any race. There is only one exception for non Iranian and it refer to
the case that such person want to resort to an Iranian court in order to lodge a
comnplaint. In this case for accepting the petition of non Iranian subjects the judge
is obliged to obtain of guarantee.
699. Article 144 of code of civil procedure says:
“The foreign citizen that either want to pursue a case as principal or the want to
enter in a case as third party, according to the demand of the respondent has to
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deposit proper guarantee for securing the payment of possible loss and damage that
should pay as the cost of proceedings or advocate fees. Demand for obtaining the
guarantee will be accepted from the Iranian party to the case and it should be
deposited till the end of first session of proceeding.”
700. Of course, if the government of Iran has signed treaty regarding the legal aid
and in these sort of treaties it be mentioned that either party do not ask for such
guarantee from the nationals of each other, the judges of the courts are oblige to
accept the petition of the foreign national without asking the guarantee.
Besides, asking the guarantee will take place under special condition that is why
the article 145 of the Code of Civil Procedure says:
“In following cases the foreign nationals are exempted of giving guarantee:
In its country the Iranian nations be exempted of giving such guarantee;
Claims regarding cheque and bill of payment;
Counter claim;
Claims the be documented by the official documents;
The claims that are lodged due to the official announcement such as claims on
registration of the property and claims against the bankrupt.”
701. Article 7 of the Civil Code, in order to safeguard the rights of foreigners says:
“Foreign nationals resident territory shall within the limits laid down by treaties, be
bound by the laws and decrees of the Government to which they are subject in
questions relating to their personal status and capacity. And similarly in questions
relating to rights of inheritance.”
In all courts and the offices of the prosecutors and other judicial authorities and the
Inspection organization, all claim and complains will classify in tenn of subject
and monthly statistics as well as annual statistics of these bodies and authorities
will collect and there is no any registration on bases of ethnical groups, gender,
religion or race and.., will not prepared.
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All related collecting Rulings that are presented has been on the memory of the
personnel and judges and are gathered (through several communication) in random
maimer. In any case all Iranian and foreign nationals with any religion, ethnical
identity, gender and with any tendency have the possibility to refer and lodge a
complaint, and without attention to the mentioned peculiarities, their problems will
be considered.
702. In the Islamic Republic of Iran there is no any action or crime under the title
of discrimination and this sort of things are not defined by the legislator. Therefore
no claim under this title will be examined unless to be registered under another
title. Due to this reason computation of such files is impossible and consequently
there would be no registration under such category but it is possible to present the
Rulings that are considered and issued without any discrimination. In the
meanwhile if there be any case of breaching the rights of any individual there is
always the possibility of lodging the complain in the upper courts. For example
one can refer to the laws and procedures regarding consideration of the
government employees' offences under which if there be any discrimination
against any of the govenimnent employee the case will be examined.
The law concerning administrative offences ratified on 7.9. 1372
703. Article 8 of The law concerning administrative offences says:
Paragraph 7 of article 8: discrimination showing partial views or unofficial relation
in execution of the laws and regulation towards the persons;
Article 22- The high supervisory delegation headed by the secretary of the
Administrative and Recruitment Organization of the Country and the membership
of one representative of the judicial power, and three representative of the
Ministers or representative of the highest ranking of the independent govenimnental
organizations will be established. This delegation will reconsider the Rulings
issued by the elementary delegations or rehearing delegations and if it find out
there has been any absence of diligence in their work, either will cancelled the
issued Rulings or will dissolve the delegation and in case of occurring any of the
following offences, it will reconsider the case and will take decision about it:
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Paragraph a- Non applying the law concerning administrative offences and similar
offences;
Paragraph b- Applying discrimination in execution of the law concerning
administrative offences and offending similar regulations;
Article 46 of the by-law on examination of the administrative offences states:
Breach or annulment of the final judgment of the delegations in following cases is
assumn able:
a- ... and — Those cases that the high supervisory delegation believes that the law
has not observed or there has been discrimination in applying the law or there has
been confinned criminal partiality through the competent judicial body regarding
issuing the Ruling (Note 2 of the article 22 of the law concerning administrative
offences) or other cases that the delegation necessitate it.
704. The guideline of The high supervisory delegation in article 5 state: secretary
of The high supervisory delegation in case of non observation of The law
concerning admninistrative offences and similar disciplinary regulations in
organizations falling under the law concerning adinini strative offences, or applying
discrimination in execution of the said law or related disciplinary regulations and
making excuse in examination of the administrative offences or lack of observation
in issuance of the Ruling, while will pursues the case will have legal encounter
with the offenders, and will prepare the reports on what has happened and will
submit to the high supervisory delegation for further examination. (There are some
samples of the Rulings issued by the delegation of offences in judicial power
regarding application of discrimination that we are searching and collecting them).
705. In any case in the courts, the judges are in a position in order to refer to the
convention but since this action has not defined as a crime yet, and non of laws is
applicable to it, relying on this case would not bear any fruit and has no any
application regarding defining the punishmnent and penalty, but by noting the
availability of the law of civil responsibility, already any kind of inflicting the
material loss and damage is subject to the consideration and legal proceeding.
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The judges are not sole person that do not refer to the Convention on the
Elimination of All Forms of Discrimination against Women, The advocates and
other people also do not refer to the Convention on the Elimination of All Forms of
Discrimination against Women. Of course one reason could be non awareness or
lack of education of the people.
The deputy of the judicial power for education from many years ago has begun to
educate the people through holding seminars, workshops, publishing leaflets and
preparing the educational programs in the voice and vision and even world
network of Jam-i Jam.
706. In direction of rendering this paragraph of the convention this office has had a
meeting with the judicial authorities of the Ostans in which the mninorities are
settled down, in order to counter any discrimination among the ethnical, racial,
religious and.... In the meeting the necessity of receiving the different approaches
for considering this problem was raised. In this meeting also the detail of the
convention and its importance and non discriminatory operation of the courts was
discussed.
707. Noting the lack of the registration of any claim and complain under the title of
discrimination, up to now any Ruling or precedent that in courts could be invoke
for proscription of discrimnination, is not seen. It is necessary to mnention that in
most courts registration of the case is done in handwriting manner and therefore
the subject is not easily researchable but two judgment related to the discussion of
provoking disunion amnong the ethnical mninorities is presentable:
Verdicts related to the Shams publication of Tabriz. (Please refer to the sub
appendix of 136).
Indictment and opinion of the jury and the issued verdict on Iran newspaper.
(Please refer to the sub appendix No. 137).
708. Regarding the Admninistrative Justice Court' s precedent that its description is
brought in the preliminary report, so far there any claim that in which the case of
discrimination has been raised, is not seen. But there are some verdicts that are
issued by the Admninistrative Justice Court that in themn the case of discrimnination
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is noted, including following cases. (It is necessary to be mentioned that the
verdicts of the full bench are assumed as law).
Verdict related to the demand for annulment of the first part of the article 18,
and... By-law regarding the law on urban lands approved by the council of
ininisters.(Please refer to the sub appendix No. 140).
Verdict related to the approval of the high council of social security (dated 4.8.159/
26.8. 1980). (Please refer to the sub appendix No. 141).
Verdict related to the obligation of the general director of housing and urbanization
of Bakhtaran Province on selling and transferring of the organizational houses.
(Please refer to the sub appendix No. 142).
Verdict related to the annulment of decision taken on 15.6.1362 / 6.9.1983 by the
Regional Organization of Health in Ostan / province of Gilan. (Please refer to the
sub appendix N. 143).
Verdict related to the improvement of the payment procedure of extra salary due
working out of center and harsh weather condition and hardship of living to the
judges of Mehriz. (Please refer to the sub appendix No. 144).
Verdict related to the annulment of the paragraph t section 7 of article 5 of the by-
law concerning the joint recruitment in banks (Please refer to the sub appendix No.
145).
Verdict related to the annulmnent of the circulation No. 113, ad dated 20.12.1365 /
10.3.1987, of the Ministry of Education and Training. (Please refer to the sub
appendix No. 146).
Verdict related to the annulment of paragraph 3 of the circulation No. 47, 710
dated 6.4.1368 / 27.6. 1989, of the Ministry of Education and Training. (Please
refer to the sub appendix No. 147).
Verdict related to the annulmnent of guideline No. 88 NA 13370 dated 17.5. 1365 /
8.8.1986 Central Bank of Iran (Please refer to the sub appendix No. 148).
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Verdict related to the annulment of the approvals No. 144594 T 112 dated
25.12.1366 / 15. 3. 1988, of the Council of the Minister, and No. 1242 dated
20.1.1369 / 9.4. 1990 of the Council of the Minister, and No. 96620 T dated
12.11.1367 / 1.2. 1989, of the Council of the Minister, and No. 29710 T 377 dated
14.2. 1373/ 4.5. 1994, (Please refer to the sub appendix No. 149).
Verdict related to the annulment of the circulation of the Organization of Social
Security on getting benefit from the unemployment insurance. (Please refer to the
sub appendix No. 150).
Verdict related to the annulment of the paragraph j of article 11 of the circulation
N. 12 dated 20.10.1377/ 10.1. 1999, of the Organization of Social Security
regarding legal limit of the years of the rendering services by the official staff of
the government. (Please refer to the sub appendix No. 151).
Annulment of the circulations No. 196 dated 9.9.1359/ 30.11. 1980, and No.
74130/4 dated 29.1.1359/ 18.4. 1980 of the Ministry of Education and Training.
(Please refer to the sub appendix N. 152).
Annulment of decision taken by the Commission of the article 64 of the direct
taxes regarding the method of valuation of the water irrigating lands. (Please refer
to the sub appendix N. 153).
In the High Court of Cassation there are two kind ofjudicial precedents that are
referring to the discriminatory proceeding on two criminal cases: (Verdicts of unity
of precedent of the High Court of Cassation are treated as law and are binding).
Verdict of the unity of precedent No. 549 dated 21.12.1369/ 11.3.1991, regarding
the conflict in examination of one sort of crime in different courts (Please refer to
the appendix No. 138).
Verdict of the unity of precedent No. 43 dated 10.8.1351/ 1.11. 1972, regarding
conflict in two different verdicts issued by two branches of the High Court. (Please
refer to the sub appendix No. 139).
Inspection Organization of the Country, as it is mentioned in detail in prelimninary
report, in all provinces has its branches which will consider complains received
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from the citizen on the government' s departments. Collected precedents of the
reports dispatched by these branches in two different parts can be presented:
a- Reports of Inspection Organization of the Country on examination of the cases
that are resulted from the non discriminatory approaches toward the complains of
the people from ethnical or religious minorities in the provinces that these
minorities are settled down, which are mentioned in appendix No. 68.
b- Reports of Inspection Organization of the Country on examination of the cases
that are indicating non discriminatory approaches toward the complains of the
people from ethnical or religious minorities which are mentioned in appendix No.
69.
709. In year of 1384/ 2005, it was also some meetings, visits and inspection done
by the judicial body of the province of Tehran for the safeguarding of citizen rights
which bear very good results. If you are willing to know about these activities
please refer to the sup appendix No. 154.
In the sub appendix No. 155 you can read the results of one of these visits. Judicial
organization is researching and considering a scheme for editing the bill of citizen
rights. (It is good to be mnentioned that this bill initially was proposed and edited in
the government, but the legal and judicial development deputy of Judicial Power
noting the several existing problems).
In this research it is referred to several cases, as they are mentioned bellow,
regarding discrimination that are supposed to be submitted to the legislation
authority:
Any individual in full equality be entitled to want that his/her rights and freedom
regardless the ethnical origin and linage and other factor of discrimination such as
race, gender, color, an so an, to be recognized. Any exception or preference that
may jeopardize this right will cause the situation of discrimination.
Those cases that are explicitly are in the law for special support and protection of
specific groups of people and mainly are brought in the laws for alleviation of the
inequalities in the past are not treated as discrimination.
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Nobody can:
a- Disseminate an opinion, a logo, a symbol among the all population that be
indicative of a discrimination.
b- To reject on discrimination concluding a legal action that its aim is the
properties or services that normally should be bestowed to the public.
c- To insert a clause in a legal action that its contents be discriminatory.
d- To bar others to enjoy from a social services on discrimination or allocate the to
himnself/ herself.
e- In recruitment and employment to commit the mode of discrimination.
710. Discrimination, exception and preferences cases are justifiable if they should
be based on merit or necessary qualifications for occupying ajob or cases based on
philanthropy manner or educational aspect of a non profiting institute that is solely
allocated for the welfare of a particular group.
711. In order to make this rights enforceable and to put social justice and
elimnination of the work at disposal of the public, it is planned that a comnmnission
for elimnination of discrimination to be set up. This comnmnission would be
comprised from the representatives of three power, minorities, and the women, and
by finding any discrimination will recommend an elimination program to the
government and in case of carelessness of the govenimnent regarding the said
proposal, the comnmnission that enjoying the legal entity, and therefore is entitled to
go to the court, will do so and the court will decide about the raised subject.
Moreover, the government can, in defined respites, asks from its institutes and
societies, to represent a program for eliminating the inequalities.
712. In the Islamic Republic of Iran besides the official mninorities that are
mnentioned in the constitution, other unofficial mninorities are also enjoying from
the freedom of activities and even at the time of examination of their legal affair
the judges do respect to their personal status and are authorized to do them in the
court. For example one can refer to the observation of the personal status of the
Sabian of Mandan. (Please refer to the sub appendix No. 156).
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As a sample, the collected documents indicate that consideration of the complains
of the ethnical and religious minorities in the provinces pointing by the
commission supervising the convention such as Kurdistan and Sistan and
Baluchestan, has been rendered without any discriinination.(Please refer to the sub
appendix No. 157).
713. Another evidence denoting lack of discrimination in Judicial system and is
presentable, is the establishment of council for problem solving councils specially
for the religious minorities and appointment of one person from that minorities for
working in the said councils, including the special councils for Zoroastrian,
Assyrians, Armenian, Sabian of Mandan. (Please refer to the sub appendices Nos.
158, 159, 160, 161).
If there be needed that the word of “discrimination” in the existing law be subject
to the reference, one can refer to the following cases as examples:
Law concerning the fourth development plan
714. Article 101- The governmnent has duty to prepare the plan regarding
development of proper work, as new dialogue in the field of supplying the work
and development based on “three party inclination” which bear greatness of soul,
equal opportunity, freedom and security of the work, with the necessary
safeguarding and be containing of following axis, and till the end of the first year
of the fourth economic, social, and cultural plan of the Islamic Republic of Iran
present to the Islamic Consultative Assembly.
715. Paragraph z of article 101: amendment of the law and regulation in direction
of compatibility of the national laws and regulation with the consular and
international standard and conventions, World developments of work/labor, and
elimnination of discrimnination in all social fields in particular in the fields of labor
relation and emnploymnent. (It is suggested that page 10 (of part b) of the draft of
18 thi national report in this part to be amended).
Article 130, Judicial Power is obliged to prepare the following bills and to submnit
to the competent authority for the ratification:
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a- The bill concerning the crime cleansing from the criminal laws in order to
prevent from the inal-effect resulting the crime supposition of not very important
offences, reduction of the costs of the system of Justice and prevention of
unlimited extension of the realm of penal law and spoiling the public rights and
freedoms.
b- To prepare and present the bill “substituting the imprisonment punishment” in
order to prevent of the new methods of improvement and training of the culprits in
the society and also creating more balance between the crime and punishment and
the character of the culprit.
c- The bill of “Protection of the rights of witnesses and accused persons”.
d- The bill of “Protection from the social inflicted persons from the crime”.
e- The bill of “Protection and promotion of citizen rights and protection of the
private liinits/Hariin of the individual in direction of the article 20 of constitution”.
(For further information regarding this bill please refer to the previous pages).
f- The bill of “Defining the political crime and separation of this kind crime from
other crimes”.
g- To act on following cases:
1- Setting up the rapid, precise, equally achievable, cheap, legally foreseeable, fair
and decisive judicial system;
2- Elimination of any sort of ethnic and grouping discrimnination in the legal and
judicial realm;
Article 7 of the law of the governmnent punishmnent ratified in 1367/ 1988: Hiding
and refusal if the supplying the goods is refusing to supply the goods that have
official rate with the intention of selling at the higher rate or discrimnination in
selling. (That is subject to the punishmnent).
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Paragraph 14 of Note c (annexed in 1368/ 1989) of the by-law of law of the
government punishment: Creation of discontent among the people and applying
discrimination in supplying the bread. (That is subject to the punishment).
Part 5 of variant (z) of note c of the above mentioned law (annexed in 1368/ 1989)
applying any discrimination and any sort of misuse in distribution of yeast-
Sodium bicarbonate, fuel, or the portion of commodities of the bakeries and units
of wheat, flour, and the bread. (That is subject to the punishment).
By-low of selling meat ratified in 1320/ 1941 by the Ministry of interior and the
Ministry of Justice:
Article 40- the sellers are obliged to act toward the customers with etiquette and
good temper and restrain from discrimination among them and give the bread to
the children and women sooner that what should be.
Bakery code ratified in 13 14/ 1935 by the Ministry of Interior and Ministry of
Justice:
716. Article 28- Baker and the staff of the bakery are obliged to act toward the
customers with etiquette and good temper and restrain from discrimination among
them and give the bread to the children and women sooner that what should be.
Labor law (ratified in 1369/ 1990)- article 38: Discrimination in detennining the
wage based on age, gender, ethnic group and religious and political convictions if
prohibited.
The by-law of organization of prisons and securing and training action of the
country ratified on 26.4.13 80 / 17. 7. 2001, by the esteemed Head of Justice Power:
Article 70: Daily program of the prisons and detention houses must be carried out
to all prisoners in equal and non discrimninatory mnammer.
Article 93: Cleaning of the kitchen, food serving hall and washing and drying the
vessels and their outfits without any exception and discrimnination according to the
program of the prison is at charge of all prisoners.
305
Article 140: Rendering the services affairs inside the cells and advice places and
industrial, service, agricultural institutions, and workshops would be done by the
all prisoners by turn and without discrimination.
But other laws in relation with other organizations and in them the question of
discrimination is involved, and could be propounded to the supervisory committee
of the convention are as follow:
1- Decree of the Leader regarding establishment of the headquarter for fight
against economic and financial corruption and preparation of the project for fight
against corruption 10.21380/ 30.4. 2001:
717. Paragraph 7: any discrimination in fight against corruption there should be not
seen. Nobody and no organization or institution should not be excluded. Nobody
and no organization can not by excused of being attributed to me or to any other
authorities of the country, and should not be exempted from auditing. Encounter
with the corruption at all places and location should be done in equal maimer.
Article 5 of the law concerning the cooperative companies ratified in 1350 with its
subsequent amendments also says: There would be no any discrimination or limits
for the membership in the cooperative company unless due to the technical
inefficiency and insufficiency of the installations and tools and means and
possibilities of the company provided has been noted in its charter.
Decree on the policy of the electronic trade in the Islamic Republic of Iran
approved on 29.2.1381/ 19.5. 2002, by the council of the minister, in its
subdivision 4 of paragraph 2 is pointing out to the elimination of any
discriminatory restriction in electronic trade.
718. The law concerning organization, duties, and elections of Islamic Council of
the country and election of the mayors ratified in 1375/ 1996, in its article 1
(amended in 1382/ 2003) is saying of the proscription of discrimination on
attracting cooperation in order to prepare development plant in all provinces and
the article 78 bis (ammexed on 6.7.1382/ 28.9. 2003) is also in regard of elimination
of discrimination and just distribution of the possibilities.
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Article 5 of the policies of the occupation of the women in the Islamic Republic of
Iran ratified in 1377/ 1998 is saying:
719. Noting the role of women in social advancement and economic development
as the half of the population, necessary facilities should be prepared by the
executives bodies for the employment of the women and proper planning would be
done in tenn of their priority and moreover extraordinary law and possibilities for
the employment of the women up to place that it needed in lines a and b of other
occupations should be anticipated and on line c, women same as men be able to get
without discrimination, to get their favorable job.
a- the jobs that working in them is favorable from the religious law maker, Sha re,
such as midwifery, physician, and teaching.
b- the jobs that are proper for women from the spirit and bodily point of view, such
as laboratory science, electronic engineering, phannaceutical, aid working, and
interpretation.
c- The jobs that in them there is no any advantage for either women or men or their
selection is a natural choice and its criteria is experiences and not the gender
(simple worker in other range of technical or service).
720. The regulation of the social and cultural councils approved in cession 400,
dated 17.4.1376 of sub committee of the council of the cultural revolution in
paragraph 2 states: preparation and proposing necessary policies in order to know
the positive peculiarities of the tribes and fight against weakening of it, and also
root finding and encountering with the vice mnanifestation of alien culture and
moral divagation and also to cleanse the remained petrified insights that in the
name of religion is in the society and the traces of oppression and discrimination
that is imposed to the society of women in the Toghoot regime.
Law concerning examination of administrative offences ratified on 7.9.1372/
28.11.1993:
Paragraph 7 of article 8: discrimination showing partial views or unofficial relation
in execution of the laws and regulation towards the persons;
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721. Article 22- The high supervisory Board headed by the secretary of the
Administrative and Recruitment Organization of the Country and the membership
of one representative of the judicial power, and three representative of the
Ministers or representative of the highest ranking of the independent govenimnental
organizations will be established. This delegation will reconsider the Rulings
issued by the elementary delegations or rehearing delegations and if it find out
there has been any absence of diligence in their work, either will cancelled the
issued Rulings or will dissolve the delegation and in case of occurring any of the
following offences, it will reconsider the case and will take decision about it:
Paragraph a- Non applying the law concerning administrative offences and similar
offences;
Paragraph b- Applying discrimination in execution of the law concerning
administrative offences and offending similar regulations;
Article 46 of the by-law on examination of the administrative offences states:
Breach or annulment of the final judgmnent of the delegations in following cases is
assumn able:
a- ... and — Those cases that the high supervisory delegation believes that the law
has not observed or there has been discrimination in applying the law or there has
been confinned criminal partiality through the competent judicial body regarding
issuing the Ruling (Note 2 of the article 22 of the law concerning administrative
offences) or other cases that the delegation necessitate it.
722. The guideline of The high supervisory delegation in article 5 state: secretary
of The high supervisory delegation in case of non observation of The law
concerning admninistrative offences and similar disciplinary regulations in
organizations falling under the law concerning adinini strative offences, or applying
discrimination in execution of the said law or related disciplinary regulations and
making excuse in examination of the administrative offences or lack of observation
in issuance of the Ruling, while will pursues the case will have legal encounter
with the offenders, and will prepare the reports on what has happened and will
submit to the high supervisory delegation for further examination.
308
Law of Army ratified in 1366/ 1987:
723. Chapter ninth (personnel services affairs)- article 173: Anny and Ministry of
Defense are obliged in the framework of the limits and possibilities and credit that
according to the paragraph 1 article 43 is allocated in order to provide the basic
necessities and welfare of the active, retired personnel and also those who benefit
from the duty salary and pension and create the possibility of the enjoying of it in a
just and without discrimination maimer.
724. Paragraph 5 of article 116 (First chapter from fourth section) (fault and
administrative offences and penalties): law of Ministry of Foreign Affairs ratified
in 1352/ 1973 with its subsequent amendments: Applying discrimination in
execution of the law and regulation toward colleagues and the referrals (Subject to
punishment).
Article 8 law of goals and duties of the Ministry of Foreign Affairs:
(education) article 66: giving enhancement and strengthening the spirit of
accepting justice and to spread justice and fight against injustice and fight with the
inadmissible discrimination and support of oppressed and those who are inflicted
from injustice.
725. By-law on manner of the enacting and receipt of the duties by the Islamic
Councils of the cities, district, and small town, subject of the law on organization,
duties, and elections of the Islamic Councils of the country and election of the
mayors approved in 1375 / 1996 (Approval of the council of ministers):
Article 14- The council are obliged when they decide about duties, besides paying
attention to general policies which are foreseen in the fife years plans and the laws
of annual budgets, to have in mind the general policies of the government and
observe them as follow:
Paragraph (a)..
Paragraph (sh) non discriminatory elimination of the duties according to the third
principal of the constitution.
309
Law of third development plan (1379):
Article 35: The government is obliged to annul those monopolies that are granted
by the guidelines and regulations approved by itself and or are given by granting
the allocation of the sources, within one year.
In assigning the work and govenimnent transaction through the government and
public sectors there should be no discrimination between the govenimnental and
public bodies and companies with the cooperative and private companies.
The government is also obliged within one year after the approval of the third
development plan, to render the legal actions for annulment of monopoly and bar
of the monopolistic activities.(It is suggested that paragraph 12 of part b of the
draft of eighteenth national report to be amended)
Law of the charter of Islamic Conference year 1351/ 1972:
Preamble:
REAIFFIRI/4ING their comnmnitmnent to the United Nations Charter and
fundamnental Humnan Rights, the purposes and principles of which provide the
basis for fruitful cooperation among all people;
DETERIVIINIED to consolidate the bonds of the prevailing brotherly and
spiritual friendship among their people, and to protect their freedom, and the
common legacy of their civilization restoring particularly on the principles of
justice, tolerance and non-discrimnination;
Article 2- The goals of the Islamic conference is as follow:
Paragraph 3 article2: to endeavor to eliminate racial segregation, discrimination
and to eradicate colonialism in all its forms;
Law of the charter of the Red Crescent Population of the Islamic Republic of Iran
ratified in 1367/ 1988 with its subsequent amnendmnent:
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Article 2: The objectives of the Population are:
Effort for alleviation of human pains, securing respect of human and endeavor for
creation of friendship and mutual understanding and stable peace among nations
and also supporting the life and health of the individual without the consideration
of any discrimination.
Article 4: In the war time and in anned conflicts and encounters, the Population
and its emergency personnel according to the national and international regulation,
and immune of any inhibition and aggression of the either party, have mission to
aid the injured, inflicted hanns, refugees, vagrants, captives, and to find those who
are untraceable in impartial manner, and to present their humanistic aid to either
party without discrimination and the antagonist parties are obliged to cooperate
with the Population and its persommel.
Law concerning the execution of the article 48 of the constitution of the
Islamic Republic of Iran:
Single article: the govenimnent is obliged up to two years after the ratification of
this law and in order to execute the article forty eight (48) of the constitution of the
Islamic Republic of Iran in order to:
Elimninate any kind of discrimination in utilization of different regions (Cities and
provinces) from the natural sources and national capitals;
Preparation of the ground of all regions (Cities and provinces) appropriate to the
talent, capability and by keeping the constructive rivalry;
Proper distribution if the economic activities in different regions of the country
(Cities and provinces);
Better utilization from the potentialities and comparative advantages in direction of
the regional and international role of the country;
Based on necessary studies and expertise consideration and by considering the
volume of the invested capital in the previous years and by noting the indices of
the development of the regions (Cities and provinces), scheme of testing the land
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(Proper distribution of the population and activities of the economic sectors in
national space) should be prepared and the legal necessary actions for
implementation of it from the begimming of the year of 1383/ 21 March 2004,
should be rendered.
Regulations concerning employment of labor, insurance and social security in the
free trade and industrial zones of the Islamic Republic of Iran ratified on 19.2.1373
/ 9.5. 1994 by the IVlinisters member of high council of the free zones with its
subsequent amendment:
Article 27: For equal work that is done in equal condition in one workplace, the
wages of man and woman should be equal. Any discrimination in detennining the
wage on bases such age, gender, race, ethnicity, and religious and political believes
is prohibited.
Article twenty seven
726. Although in the constitution there is no namne of verbal, ethnical an national
mninorities, but one can say that their existence is not denied but their existence is
referred to implicitly, as it is done in article 15 and article 19 of the constitution
such references is visible:
The Constitution in relation to the indiscrimination based on language, race, and
ethnicity and is emnphasizing the equal enjoymnent of all nations and races from the
rights and freedoms.
Article 19 of the constitution explicitly announces:” All people of Iran, whatever
the ethnic group or tribe to which they belong, enjoy equal rights; color, race,
language, and the like, do not bestow any privilege.”
Article 20 says:
“All citizens of the country, both men and women, equally enjoy the protection of
the law and enjoy all humnan, political, economnic, social, and cultural rights, in
confonnity with Islamic criteria.”
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Therefore in none of the articles of the constitution or ordinary laws or regulation,
for enjoyment of any right or occupying any profession, job, position, the privilege
of belonging to any ethnical, racial, verbal minorities has not mentioned as a clause
and or those who belong to such minorities are not deprived or barred from
enjoyment of such rights.
Of course regarding the recognition of individual's identity of those who belong to
the ethnical, racial, and verbal minorities, although the constitution do not
explicitly refer to these meaning but it foresee some regulations which are
indicating that the constitution has not neglected safeguarding the rights of these
minorities. For example article 51 of the constitution is saying: “The Official
Language and script of Iran, the lingua franca of its people, is Persian. Official
documents, correspondence, and texts, as well as text-books, must be in this
language and script. However, the use of regional and tribal languages in the press
and mass media, as well as for teaching of their literature in schools, is allowed in
addition to Persian.”
What one understand from this article, is the fact that the followers of national
groups and non Farsi speaking nationals (minority) not only free to speak their own
language but are entitled to have publications in their own languages and can teach
their language in school and by doing so preserve their own identity. Presently
approximately 15 newspapers and magazines in Arabic, three newspaper in Azari,
one in Kurdish, four newspaper in Annenian, and one newspaper in Ashourian is
publishing and of course some publications have some pages in Annenian.
727. The constitution in two cases has referred to the religious mninorities, once in
article 13 in which mnentions that there only three officials religions; Jewish,
Christian, and Zoroastrian, and another time in article 67 where it refers to the
performing oath by the representative of the Islamic Consultative Assembly in
beginning of the tenn of representation where say the representatives of these
minority can perform the oath by their own religious book. In article 41 it is
mnentioned that: “Iranian citizenship is the indisputable right of every Iranian, and
the governmnent cannot withdraw citizenship from any Iranian unless he himnself
requests it or acquires the citizenship of another country.”
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Article 14 of the constitution also says: “the government of the Islamic Republic of
Iran and all Muslims are duty-bound to treat non-Muslims in confonnity with
ethical norms and the principles of Islamic justice and equity, and to respect their
human rights...
728. By considering these articles, this picture from the constitution of the Islamic
Republic of Iran comes to the minds that this law do recognize a range of
fundamental rights such as equality in treatmnent of laws, safeguarding of the life,
property, profession, house, freedom of opinion, choosing the job, enjoyment from
the social security, legal action, education and training, enjoymnent from the just
proceedings, having nationality, participation in affairs of the country and so on for
all nationals of Iran regardless their belonging to any ethnical, verbal, and religious
groups so that all people without any discrimination can enjoy from these rights.
But at the mneanwhile, one should admit that there is some difficulties in both
realization and full execution of this viewpoint of the constitution.
Regarding the religious mninority it can be said that according to the constitution
besides the overall view based on equality and indiscrimination, legislator has paid
attention to the existence and identity and their continuation too, and this is evident
by noting the following evidence:
Freedom of practicing the religious ceremonies
In article 13 of the constitution the freedom of perfonnance of religious
ceremonies is explicitly stated and actually believers of these three official
religions enjoy from having several Churches, Fireplaces, and Synagogues in
which they perform their religious ceremony, individually or commonly.
2- Observation of their religious regulations in their personal status
729. According the article 13 of the constitution regarding the followers of the
three official religious, these people in their personal status i. e. marriage, divorce,
inheritance, and last testimony act according to their religious regulations and even
there be a claim or a question in Iranian courts, the judge will settle the case by
applying the certain regulation of their religion.
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730. According to the article 26 of the constitution, the recognized religious
minorities can constitute the association by observing the related criteria. In the
law concerning the activities of parties ratified in 1360/ 1981, the establishment of
the association of the religious minority is recognized and in article 4 of the said
law it is mentioned that: “The society of religious minorities, subject to Article 13
of the Constitution, is an organization consisting of voluntary members of the same
religious minority, whose aim is to solve the religious, cultural, social and welfare
problems that are peculiar to that minority.”
Having representative in the Islamic Consultative Assembly
73 1. In the constitution it is foreseen that the recognized mninorities can have their
representative in the Islamic Consultative Assembly and chose among the follower
of their religion their representative and send himn/her to the Islamic Consultative
Assembly. According to the article 64: “The Zoroastrians and Jews will each elect
one representative; Assyrian and Chaldean Christians will jointly elect one
representative; and Armenian Christians in the north and those in the south of the
country will each elect one representative.”
732. Besides of these three official religious minorities as it was said we can say
that the constitution's views in the field of indiscrimninately attitude (by considering
the said reservations) and also in regard of safeguarding their identity and
existence is positive and favorable. Other religious and creed tendency and the
followers of these religions and creeds are citizen of Iran and are subject to the
general laws and judgments of the govenimnent.
Religious minorities according to the official laws and regulations of the country
are enjoying from a series of rights and advantages that some of them are:
Based on the constitution of the Islamic Republic of Iran recognized and official
minorities can freely perform their religious ceremonies, and apply their own
religion regulations in their personal status. Article 12 of the constitution says:
“The official religion of Iran is Islam and the Twelve Ja'fari school, and this
principle will remain eternally immutable. Other Islamic schools are to be
accorded full respect, and their followers are free to act in accordance with their
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own jurisprudence in performing their religious rites. These schools enjoy official
status in matters pertaining to religious education, affairs of personal status
(marriage, divorce, inheritance, and wills) and related litigation in courts of law. In
regions of the country where Muslims following any one of these schools
constitute the majority, local regulations, within the bounds of the jurisdiction of
local councils, are to be in accordance with the respective school, without
infringing upon the rights of the followers of other schools.”
733. Article 13 also says:
“Zoroastrian, Jewish, and Christian Iranians are the only recognized religious
minorities, who, within the limits of the law, are free to perfonn their religious rites
and ceremonies, and to act according to their own canon in matters of personal
affairs and religious education.”
From the law viewpoint, there is a single article that on its base for non Shiite
Iranian, in their personal status their own religious regulation is applicable. Title of
this law is “Law concerning the observation of personal status of non Shiite Iranian
ratified in 13 12/ 1933”. According to this law, in regard of personal status,
inheritance rights, and last testimony of non Shiite that their religion are
recognized, courts must observe the certain and current regulations and habits in
their religion, save those cases that laws and regulations be on the public orders;
In questions regarding mnarriage, divorce, the certain and current regulations and
habits of the religion that the husband is following themn,
In questions regarding the inheritance and last testimnony, the certain and current
regulations and habits in the religion of the deceased.
In question regarding the child adoption, the certain and current regulations and
habits of the religion that Godfather or Godmnother is following it.
(Please refer to the sub appendix Nos. 162, 163, 164).
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734. Cultural and press activities of the religious minorities
Consolidation of the friendly humanistic relation and deepening understanding and
national solidarity is the basic pivot that Iran toward the religious minorities
applies. More than one hundred thousand Christian including Annenians,
Assyrians, Chaldains that follow different sects of Christianity such as Catholic,
Orthodox, and Protestant are living in Iran. There are also 50 thousand Zoroastrian
are living in Iran side by side of their other fellow country men.
From other religious minority we can say around 25 thousand Jews are living in
Iran that side by side of the other minorities are enjoying the social, cultural,
political and economical rights.
735. The Islamic Republic of Iran always has tried to create the proper ground for
expansion of the participation and cooperation of the religious minorities in the
fields of cultural, scientific, artistic, social and literary affairs. For doing so, the
necessary grounds for blooming the abilities and innovation has prepared and their
initiatives and invention is supported and in this direction projects for the
establishment of the cultural, art associations has been carried out and promotion
of the cultural and artistic production, and establishment of religious and historical
units, libraries, sport clubs, and support of some cultural activities including
holding the cultural and artistic exhibitions, book fair, festivals, and seminars, and
competition has been done.
In direction of the consolidation of the cultural relations of Muslims and Christian,
and bridging between cultural and scientific personalities in commection with the
religious minorities, more serious and effective steps has been taken since 1370/
1991 that some of them are as follow:
Holding 9 rounds of dialogues among religions with the topic of ‘Peace
coexistence of Muslims”, from which three rounds of it has been with Catholic
Christian, two rounds with the Protestant and Orthodox Christians, one round with
the Iranian Armenians under the title of “Peace coexistence of Muslimns and
Armenian Christian”, three rounds of dialogues with the disciples of Orthodox
Church on topic of “Peace and Justice from viewpoints of the learned Muslims and
Christian”, are among those cultural programs of the Islamic Republic of Iran that
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has fulfilled for more participating of Iranian Christian in cultural, artistic, and
creation of sense of self-believing of them in direction of enhancement of bilateral
cultural relations and consolidation of national solidarity has been done and this
trend is continuing.
From 284 churches allocated to the Christians in Iran, 61 churches belongs to the
east Assyrian, 11 churches are belong to the Assyrian Protestant, 7 churches goes
with the Chaldean Christian, 5 churches goes to Annenian Catholics, 12 churches
are belong to the Evangelian Assyrian, 6 churches is allocated to the Adventists, 2
churches is for Farsi speaking Evangelian, One church is episcopate church, 6
churches are belong to the Divine Community, 160 churches are belong to the
Armenian, and 8 churches are for Evangelian Armenians.
In direction of paying attention to the preservation of cultural heritage of the
country during the recent years 140 churches are repaired and renovated. Also 27
churches are registered in the list of the national works and 21 churches are ready
to be enlisted in the list of national works, and church Tavousi Moghadasi (Ghara
Klisia) is nominated to be registered in the list of world heritage.
IMlore than 52 association, center, and cultural, social, artistic, educational
organization are especially for Christian.
Numerous publications including Alik, Apaga, Louis, Arax, Message of Assyrian,
and Peyman that is published by the Christian associations in Iran.
During the last nine years around 4 Social movies is produced and screened with
the theme of Christianity with the collaboration of Muslims and Christian groups
of film and art; from them “Kouche-i Baniz” / Baniz Alley, “Maryam-i
Moghaddas” / Sacred Merry, “Pesar-i Maryain” / Son of Merry, and “Didar”
60 titles of books on Armenians, Armenian literature- Annenian Church, and in
Farsi and Armenian, and bilingual Farsi and Armnenian is published.
Holding continuous sport competition among sport groups of Christian in different
cities of Iran among which one can refer to the competition of “Jam-i Tainoz
5751”.
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Fellow Zoroastrian country men that are settled down in five provinces of Tehran,
Yazd, Kerinan, Shiraz and Isfahan, have the right of participation in cultural,
Social, and artistic activities, same as other Iranian.
This religious sect is enjoying from 38 educational units, 40 cultural units, 40
religious and worshipping units, 9 health and remedial units, 7 libraries, 10 sport
units, 36 units in forms of association, center, and organization in the capital of the
Islamic Republic of Iran, and also 22 worshipping units, 6 units pilgrimage site, 4
unit sport clubs and art club in the cities of Shiraz, Kerinan, and Yazd.
In year of 1379/ 2000, besides the current active association, 8 more association is
established.
Up to year of 138 1/ 2002, 2 publications, one printing house, and four newspapers
were issued by the Zoroastrians , and up to the end of the year of 1380, 20. 3. 2002,
over 87 titles of books is published. Here is some more activities done by the
Zoroastrians minority in Iran:
Holding throughout festival of Zoroastrian theater, holding sixth World Congress
of Zoroastrians in Tehran in 1379/ 1980, holding the session of Zoroastrian art of
Iran for four days in Tehran in 1379/ 1980, holding the congress of the honoring
three thousand of Zoroastrians culture in Tehran in 13 82/ 2003, holding 6 sport
competitions among which one competition was allocated to Zoroastrian's women.
Iran Jews mostly are in Tehran, Shiraz, Isfahan, Rafsanjan, Kerinan, Sanandaj,
Hainadan, Kennanshah, and Yazd. They perform continuously their religious
ceremonies in more than 76 synagogues.
There is 19 Jewish association and foreign organization that are active in Tehran.
There are nearly 13 active association in Shiraz, and several other associations in
other cities of Iran.
One of the Jews cultural-artistic activities in Iran during last 6 years has been
holding the cultural-artistic festival in Iran. Association of Iran Jewish Publication
also has publishing activity in Iran and the last book that is published by this entity
is “Tahilirn”, that is Voice of David, which is translated to Farsi.
319
Today there is very deep and finn relation between Jewish poets with Farsi
literature of Iran so that the youth more and most of Muslim or Jewish participate
in the nights of poem and present their composed poems.
The presence of one Jewish fellow country man who is film producer is among the
other film makers of Iran that his work is praised. His work is the result of
cooperation of the IIVluslimn with other religious minorities resident in Iran.
6 hal and restaurant is allocated to Jewish, 5 Cultural centers and sport clubs for
Jewish youth, women, men and also welfare-social centers, and charity such as
aged person house, sport club, hospital. Center for slaughtering the animal in
consistence of the Jews religion, and are indicating that this religious mninority is
enjoying its social, cultural, political, and social rights.
Situation of the minorities and ethnical groups in the framework of laws
Based on current definition from the Convention, in the Islamic Republic of Iran
There has been not in any time discrimination under the title of “Ethnical
discrimnination”, because ethnical groups such as Turk, Balouch, Arab, Turkmnen,
Gilak are present in all cities and towns and are spread in all countries and in non
of the application fonn for recruitmnent or in any exams, test, or interview there is
no any question in commection with its origin or his/her belonging to one of such
groups and they are regardless of their ethnicity are working in different post and
position of the governmnent and most of them are working in very high level, while
those who speak Farsi in some cities and provinces are in minority position.
In the judicial system staff and high ranking judges are consisted from all ethnical
groups and do their job in their posts and there is no any questions regarding their
ethnicity and by this reason it is not possible to give any statistics about this matter.
But regarding the recruitment of Judges the sole possibility id recruitmnent of
I/4uslim judges. Presently there are 51 judges from Sunnite sect. here is statistics
regarding the list of staff in judicial system and its affiliated bodies:
Statistics on the Sunnite staff in judicial system and its affiliated organization
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Row
Organization
Sunnite
1
Judicial organization of
Armed Forces
9 persons(Kurdistan, Kennanshah,
Sistan and Baluchistan)
2
Organization of prisons
267 men and 19 women
3
Legal Medicine Organization
Muslims are not separated
4
Organization of general
inspection of the country
3 persons
5
Organization of registration
of estate property
435 persons
6
Judicial Power
Muslims are not separated
Statistics of women that run offices like official interpreters, official experts,
and legal advisors
a- Muslim Women
Row
Field
Number
1
Legal advisors
3240
2
Official experts
2168
3 Official interpreters 84
b- Women belong to religious minorities
Row
Field
Number
1
Legal advisors
Is not known
2
Official experts
Is not known
3 Official interpreters 25
Staff of the judicial system in Sistan and Baluchistan Province
Organizational position
Women employees
Men employees
Sunnite Women
Number of person
112
320
6
321
Sunnite IVien
62
Members of Council of problem
4977
solving
Sunnite Members of Council of
3235
problem solving
Staff of the judicial system in East Azerbaijan province
Organizational Position
Number of person
Administrative staff
1049
Judicial staff
320
Farsi speaking administrative staff
13
Farsi speaking judicial staff
29
Kurdish admninistrative and judicial
10
staff
Equal question of the mulct of Muslim and Religious minorities
Regarding the equal mnulct of the religious mninorities and Muslims after the
different discussion that held in the Legislative Power aiming the amendment of
the law concerning the equal mnulct of religious mninority and Muslims, at last by
annexing one note to the article 297 of the Islamic penal code and the approval of
the Expediency Discernment Assembly, this problem was solved in this manner:
“Based on the comment given by Vally-i Ainr, Mulct, Dyeh, of the recognized
religious IlViuslim by the constitution of the Islamic Republic of Iran is defined as
the mnulct of Muslimns” In this connection the sample of the factual procedure of the
public courts and revision courts is collected that is an indication of the equal
mnulct of the religious mninorities with Muslimns and in these verdicts all condemnned
are the Muslims that are condemned to pay full mulct. (Please refer to the sub
appendices Nos. 165, 166, and 167).
Noting that according to the article 14 of the constitution of the Islamic Republic
of Iran Jewish resident in Iran are recognized as the religious minorities and in
their personal status and religious teaching are acting in conformity of their
religion, circulation No. 12898/76/1 dated 30.11.1376/9.9.1997 asks from the
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judicial authorities and the organization of registration of estate properties that in
cases regarding the Jews minority, after consultancy with the Jewish association to
do necessary action/s.
Circulation No. 18871/81/1 dated 17.10 1381, in regard of respecting equal rights
of the citizen in front of law and respecting the rights of the minorities says:
736. By considering the article 12 to 14 of the Constitution and equality of all in
front of the law and the lack of their privilege to each other, equal enjoyment of
equal right necessitates that in examination of the judicial files, there be no
difference between the parties of the case and without maintaining any preference
to one party to other party of the case, both parties treated equal.
The judges will avoid from those thing that may bar them from performing their
duties in best manner way. Moreover, they will avoid from to utter the insulting
phrases or allusive and what may hurt the sensitivities and feelings of the
addressers.
In cases like differences of the couples and or referring of different sets to the
courts, the creed believes and sect and creed tendencies of the referrals must not be
subject to the despising and mockery.
737. When and where the witness has not the prescribed conditions by law or due
to the religious law, its witness be not hearable or be ineffective the matter should
not be rejected in a way that to have outside of the court unfavorable reflection, or
the court contrary to the content of the article 239 of the procedure [ The public and
revolution courts] intervene in civil cases.
738. The judicial body in any point of the country, through impartial examination
(and far from bias and effectual factors) of the litigations and propounded
differences and issuance of the sedate and justified Rulings on themn, and
administering justice of the oppressed and injured persons can give glad tidings for
unity and be enforcing entity of the Islamic justice, and by doing so to prevent the
emnerging the thing that causes pessimism and possible tension and give confidence
to the dwellers of the region that there are learned, impartial and aware judges and
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prosecutors that far from the ethnic differences or indifference to their cultural and
thoughtful differential will decide in benefit of all.
739. and the securing and training actions of the country (ratified in 1380) says:
“At the time of admission of a prisoner official religion of him. He/ she will be
noted in the questionnaire fonn till with the aid the ministry of culture and Islamic
guidance through the authorities of the related prison will provide the mean and
necessary facilities for perfonnance of the prisoner's religious ceremony in
direction of strengthening and consolidation of the religious foundation of the
prisoners.”
Article 144 of the same by-law is saying:
“Every prisoner that follows one of the recognized religion of the country can have
one volume of his/her heavenly books, Pray book, prayer carpet in the public or
individual rest house for praying and perfonning his/her religious ceremonies.
And article 145 of the same law says:
“Every prisoner that follows one of the recognized religion of the country if it be
necessary can ask, with the consent and approval of the chief of the prison, his/her
religious representative to come to the prison and guide him/her in performing
religious rites.”
740. Circulation No. 1/76/5604 dated 14.5. 1376/ 4.7.1997, by mentioning the
duties of judges regarding safeguarding the rights of the people, is saying that:
“Equality of all people in front of law and negation of any discrimination and
respecting the rights of the recognized religious minorities will be considered and
no personal, grouping taste clause, whatsoever, and no political circumstances will
not negate the enforcement ofjustice and observation of the rights and lawful
freedom of the people, and nobody can prosecuted fore to be recognized as guilty
by the competent court and solely based on his belief and convictions.”
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