be a Muslim man, who is “bound to faith” and is “loyal to the principle of the primary of the
Supreme Leader”.6 Field investigations and ideological and political interviews are also part of
the selection process.7 8 These discriminatory and vague criteria enable judges to be appointed
based on their political loyalty, thus undermining the independence and impartiality of the
Judiciary. There are reports of Iranian authorities having initiated formal investigations into
individuals with judicial functions following accusations of corruption, bribery and abuse of
power.
The selection process of judges in Iran impacts the judicial process and undermines the due
process of law. In 2014, a Judiciary’s circular listed the most common complaints against judges
and the numerous violations of the principle of due process.9 These included unlawful arrests,
failure to renew temporary detention orders within the prescribed time, failure to
render decisions within the prescribed time, ruling prior to the conclusion of the investigation
and trial, issuing decisions in courts of original jurisdiction without convening a trial session,
issuance of “unfounded and undocumented” rulings, issuing rulings outside the scope of the
complaint, and unpleasant, inappropriate, and insulting conduct.10 There is little transparency
regarding these complaints or their outcomes and not all of them were considered. During the
Iranian year 1395 (March 20, 2016 –March 19, 2017), Iran’s General Inspection office
received 30,315 complaints and subsequently sent 3,464 emails to those who had filed
complaints. There were 1,502 written follow-ups of local and provincial investigations.11 Due
process violations are particularly grave in Iran in light of the strikingly high numbers of
executions conducted by the State. At least 5,079 executions have reportedly been carried out in
Iran since the beginning of 2012 through to May 27, 2020.12
The 1955 Law for the Independence of Lawyers established the independence of the Bar
Association and granted lawyers with immunity from prosecution for their work.13 However,
following its disestablishment after the Iranian Revolution and its subsequent reinstitution, the
Bar Association has been put under increased Judiciary’s governance.14 Additionally, the Iranian
Government has repeatedly attempted to amend bylaws of the Bar Association and reduce the
6
Article 13 Guidelines for the Recruitment, Selection, and Apprenticeship of Applicants for Judgeship and Employment of
Judges (2013).
7
Article 14 Guidelines for the Recruitment, Selection, and Apprenticeship of Applicants for Judgeship and Employment of
Judges (2013)
8
http://rc.majlis.ir/fa/law/show/90547 ; http://rc.majlis.ir/fa/law/show/91044
9
Joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights Document
Center, Impact Iran and Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
10
Abdorrahman Boroumand Center, https://www.iranrights.org/library/document/2994
11
Ministry of Justice 2017 report on the accomplishments of the Judiciary in the year
1395. https://www.justice.ir/FileSystem/View/File.aspx?FileId=5282d9cd-913e-4c78-b3d8-b39475070de2
12
Abdorrahman Boroumand Center, https://www.iranrights.org/memorial
13
Abdorrahman Boroumand Center, https://www.iranrights.org/newsletter/issue/97
14
See more: Iran Human Rights Documentation Center, https://iranhrdc.org/iranian-bar-associations-struggle-for-independence/
2