Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/34/65 para 85
Full recommendation
The Special Rapporteur urges the Government to ensure that the judiciary is free from
interference of any kind and to uphold the integrity of judges, prosecutors and lawyers, notably
by ensuring that the appointment of judges is transparent and based on merit, and by protecting
them, their families and professional associates against all form of violence, threat, retaliation,
intimidation and harassment as a result of discharging their functions. A self-regulating
independent bar association or council should be urgently established to oversee the process of
admitting candidates to the legal profession, provide for a uniform code of ethics and conduct,
and enforce disciplinary measures, including disbarment.

Assessment using Impact Iran human rights indicators1
A. The Special Rapporteur urges the Government to ensure that the judiciary is free
from interference of any kind and to uphold the integrity of judges, prosecutors and
lawyers, notably by ensuring that the appointment of judges is transparent and
based on merit, and by protecting them, their families and professional associates
against all form of violence, threat, retaliation, intimidation and harassment 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 at any
time.3 No other organ or institution is involved in the process of appointing or removing the
Chief Justice.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 Consequently,
the judiciary is not independent from the government in the Islamic Republic of Iran.

1

CCPR.14.1.S.2; CCPR.14.1.P.3; CCPR.14.1.O.5; CCPR.14.1.O.6; CCPR.14.1.O.8
Article 157 Constitution of the Islamic Republic of Iran <
http://www.iranchamber.com/government/laws/consitution_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

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