The Law for the Selection of Judges of 1982 with 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 be a Muslim man, “bound to faith” and “loyal to the principle of the primary of the Supreme Leader”.6 Field investigations and ideological and political interviews are part of the selection process.7 8 These discriminatory and vague criteria enable the appointment of judges based on their political loyalty and undermine the independence and impartiality of the judiciary. There are reports of Iranian authorities instituting formal investigations of individuals with judicial functions following accusations of corruption, bribery and abuse of power, but it is unclear if the motivations behind these investigations were political in nature or a result of an impartial criminal process.9 10 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 contained numerous due process violations.11 These included unlawful arrest, failure to renew temporary detention orders within the prescribed time, failure to render decisions within the prescribed time, ruling prior to the conclusion of 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.12 There is little transparency regarding these complaints and their outcomes, with some lacking consideration. During the Iranian year 1395 (March 20, 2016 –March 19, 2017), Iran’s General Inspection office received 30,315 complaints and sent 3,464 emails to those who had filed complaints, but written follow-ups of local and provincial investigations amounted to only 1,502.13 Due process violations are particularly grave in Iran considering the strikingly high numbers of executions conducted by the State. At least 6,566 executions have been reportedly conducted Iran since the beginning of 2008 through the end of 2019.14 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 Iran International https://iranintl.com/en/iran/president-rouhani%E2%80%99s-brother-sentenced-five-years-prison 10 OCCRP https://www.occrp.org/en/27-ccwatch/cc-watch-briefs/10035-iran-new-conservative-chief-justice-fires-60-corruptjudges 11 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 12 Abdorrahman Boroumand Center, https://www.iranrights.org/library/document/2994 13 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 14 ECPM, Iran Human Rights, https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420-WEB.pdf 2

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