Judicial system of Iran

From Wikipedia, the free encyclopedia

Iran

This article is part of the series: Politics and government of Iran

Sharia Constitution Supreme Leader Ali Khamenei President Mahmoud Ahmadinejad Guardian Council Ahmad Jannati Majlis Gholam Haddad-Adel Judicial system of Iran Mahmoud Shahroudi Assembly of Experts Ali Meshkini Expediency Council Hashemi Rafsanjani Supreme National Security Council Ali Larijani Ministry of Intelligence and Security Government of Iran City and Village Councils Political parties Elections: 2006 AoE, 2006 CVC Foreign relations

Other countries • Politics Portal view • talk • edit

The current judicial system of Iran was implemented and established by Ali Akbar Davar and some of his contemporaries. The system went through changes during the second Pahlavi era, and was drastically changed after the 1979 Revolution of Iran. Ever since then, the judicial system has been firmly based on Shi'a Islamic Law.

Contrary to expectation, matters pertaining to the constitution are decided by the Council of Guardians.

Contents 1 Introduction 2 Special courts 3 Human rights issues 3.1 Death penalty 3.2 Legal status of transgendered individuals 3.3 Current events 4 See also 5 External links

[edit] Introduction

In an Iranian court the judge acts as prosecutor, jury, and arbiter; the system is a form of the inquisitorial system. However, according to Article 168 of Iran's constitution, in certain cases involving the media a jury is allowed to be the arbiter. The judge holds absolute power. In practice, judges may be overwhelmed by cases, and not have the time to excogitate about each case. All judges are certified in Islamic law, and most, but not all, are members of the ruling clergy.

The lack of time and total control of the judge results in overcrowding in Iranian prisons.

The head of the Judiciary is appointed by the Supreme Leader, who in turn appoints the head of the Supreme Court and the chief public prosecutor.

[edit] Special courts

Public courts deal with civil and criminal cases. There are also Islamic Revolutionary Courts that try certain categories of offenses, including crimes against national security, narcotics smuggling, and acts that undermine the Islamic Republic. Decisions rendered in revolutionary courts are final and cannot be appealed.

The rulings of the Special Clerical Court , which functions independently of the regular judicial framework and is accountable only to the Supreme Leader, are also final and cannot be appealed. The Special Clerical Court handles crimes allegedly committed by clerics, although it has also taken on cases involving lay people.

[edit] Human rights issues

See main article: Human rights in Iran.

[edit] Death penalty

According to Amnesty International's 2004 report, at least 108 people were executed that year, most of whom having been political prisoners. [1] Amnesty has also described cases in which adolescent children were sentenced to the death penalty. [2] Though officially illegal, torture is often carried out in Iranian prisons, as in the widely publicized case of photojournalist Zahra Kazemi.

Like 74 other countries in the world, Iran carries out capital punishment. As a State party to the International Convention on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), Iran has undertaken not to execute anyone for an offence committed when they were under the age of 18, but continues to carry such executions out, and is one of only six nations in the world to do so. According to Article 6 of the ICCPR, "Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age.” [3].

Homosexuality and adultery are legally criminal acts and punishable by life imprisonment or death for males, and the same sentences apply to convictions of treason and apostasy. Death sentences are always administered for those convicted of murder, rape, and child molestation. Those accused by the state of homosexual acts are routinely flogged and threatened with execution. [4]. Iran is one of seven countries in the world that carry the death penalty for homosexual acts: all of them justify this punishment with Islamic law. The Judiciary does not recognize the concept of sexual orientation, and thus from a legal standpoint there are no homosexuals or bisexuals - only heterosexuals "committing" homosexual acts.

[edit] Legal status of transgendered individuals

For some years after the Revolution, transgendered individuals had been classified by the Judiciary as being homosexual and were thus subject to the same laws. However, in the mid-1980s the Judiciary began changing this policy and classifying them as a distinct group separate from issues of homosexuality, and granting them legal rights. Gender identity disorder is officially recognized in Iran today, and the Judiciary permits sexual reassignment surgery for those who can afford it. [5] In the early 1960s, Ayatollah Khomeini had issued a ruling permitting gender reassignment, which has since been reconfirmed by Ayatollah Khamenei. [6]

[edit] Current events

In November 2002, Hashem Aghajari, a university professor and veteran of the Iran-Iraq war, was convicted of apostasy and sentenced to death. But after a storm of protests from the general populace, reformist politicians, and human rights advocates, the sentence was later commuted to three years imprisonment. [7] Apostasy convictions are meted out not only for openly renouncing the religion of one's birth, but also for criticizing clerical rule (as in the case of Aghajari), defaming Islam, conversion from Islam, attempting to lead others away from Islam, among other reasons. As such, the legal definition of apostasy is subject to the individual interpretation of the judge. The traditional definition of apostasy only applies to those who are born into one of the legally recognized religions - Islam, Judaism, Christianity, and Zoroastrianism. The Bahá'í Faith, for example, is not legally recognized, and the adherents of that religion are considered apostate by virtue. Also see religious minorities in Iran.

On 19 July 2005 two teenagers, Mahmoud Asgari and Ayaz Marhoni, aged 16 and 18, were executed by hanging in Edalat (Justice) Square in the city of Mashhad. They had been convicted of raping a 13-year-old boy in 2004, and other charges included alcohol consumption, theft, and disturbing the peace. They were detained for 14 months in prison awaiting execution and sentenced to 228 lashes. Iranian officials complained that foreign and domestic media emphasized that the two were mere boys. “Instead of paying tribute to the action of the judiciary, the media are mentioning the age of the hanged criminals and creating a commotion that harms the interests of the state”. [8]. Nobel Peace laureate Shirin Ebadi condemned the hanging of Asgari and Marhoni as a violation of Iran's obligations under the International Convention on the Rights of the Child, which bans such executions. [9].

Reformist politicians have made attempts in the past to challenge the death penalty, as well as to enforce the rule of law concerning the illegal use of torture in prisons. Journalists and human rights advocates in Iran who attempt to raise awareness of these issues often risk imprisonment and the death sentence themselves, such as in the case of Akbar Ganji. On 18 December 2003, President Mohammad Khatami stated, "I don't like the death penalty, although if there is one case where there should be an execution, the fairest case would be for Saddam. But I would never wish for that." [10]

Due to the power and scope of the institutions of velayat-e-faqih (Guardianship of the Clergy), which includes the Council of Guardians and the Office of the Supreme Leader, as well as the Judiciary, elected institutions such as the Majlis and the Office of the President are often unable to challenge laws because they are constitutional.

[edit] See also

• Legal systems of the world
• Evin Prison
• Towhid Prison
• Prison 59
• Blasphemy laws of Islamic Republic of Iran

[edit] External links

• Profile of Judiciary System of Iran
• Islamic Republic of Iran Judiciary Public Relations Bureau
• The Judiciary of The Islamic Republic of Iran
• Iran's constitutional charter for the Judiciary
• Country Studies