Report of the Special Rapporteur on the situation of human rights in the Islamic Republic
of Iran A/HRC/37/68 para 93
Full recommendation:
The Special Rapporteur also reiterates her call upon the Government to ensure that the judiciary
is free from interference of any kind and to uphold the integrity of judges, prosecutors and
lawyers, through transparent and merit-based appointments, and through protecting them and
their families and professional associates against all forms of reprisals as a result of discharging
their functions. The judiciary should also be held accountable for ensuring that proceedings are
conducted fairly and that the rights of the parties are respected, through a mechanism that is
consistent with the Basic Principles on the Independence of the Judiciary.
Assessment using Impact Iran human rights indicators1
A. The Special Rapporteur also reiterates her call upon the Government to ensure that
the judiciary is free from interference of any kind and uphold the integrity of
judges, prosecutors and lawyers, through transparent and merit-based
appointments, and through protecting them and their families and professional
associates against all forms of reprisals as a result of discharging their functions.
According to the Constitution of the Islamic Republic of Iran, the head of the judicial system in
Iran (the Chief Justice) is directly appointed by the Supreme Leader2 and can be dismissed by
him at any point in time.3 No other organ or institution is involved in the dismissal process.4 The
Chief Justice is in charge of selecting high-ranking judicial officials, including the Head of
the Supreme Court and the country’s Prosecutor General.5 As a result, the Judiciary is not
independent from the government in the Islamic Republic of Iran.
The Law for the Selection of Judges of 1982 with its subsequent amendments, as well as the
Guidelines for the Recruitment, Selection, and Apprenticeship of Applicants for Judgeship and
Employment of Judges of 2013, are the main norms regulating the selection of judges.
Mandatory criteria for selecting judges in Iran include the following: the appointed judge has to
1
CCPR.14.1.S.2; CCPR.14.1.P.3.; CCPR.14.1.O.5.; CCPR.14.1.O.6.; CCPR14.1.O.8.
Article 157 Constitution of the Islamic Republic of Iran <
http://www.iranchamber.com/government/laws/constitution_ch11.php>
3
Article 110 Constitution of the Islamic Republic of Iran <
http://www.iranchamber.com/government/laws/constitution_ch08.php>
4
Joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights
Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
5
See Articles 158 to 162 of the Constitution of the Islamic Republic of Iran
http://www.iranchamber.com/government/laws/constitution_ch11.php
2
1