General Azizollah Rajabzadeh, who headed Tehran’s police force at the time.26 Additionally,
the court did not examine high-ranking judicial and police officials such as Saeed Mortazavi,
then Tehran Prosecutor General, Dehnavi (then Mortazavi’s deputy), Heidarifard (then
Mortazavi’s deputy), Esmail Ahmadi Moghadam (then commander of the Law Enforcement
Forces), and Ahmad-Reza Radan (then deputy commander of the Law Enforcement Forces).27
The management and supervision of “judicial officers” (commanders, officers, rank-and-file
police officers, as well as prison chiefs, prison guards, officials of the Ministry of Intelligence
the Basij forces and the Intelligence Organization of the Revolutionary Guards) 28 is the
responsibility of the Prosecutor, also responsible for holding regular training courses for
judicial officers.29 The revised Code of Criminal Procedure (2015) does not provide the type
of action the Prosecutor is required to take in cases where “judicial officers” are in breach of
regulations or in cases of misconduct.30 The recognition of security and intelligence officials
as “judicial officers” empower them to take actions such as arrests, detention and
investigation. In the absence of adequate laws that clearly define the chain of command and
establish effective oversight, the independence of the judicial system is impaired, ultimately
enabling security and intelligence bodies to act without accountability.31
The former Tehran Prosecutor General at the time of the 2009 post-elections unrests, Saeed
Mortazavi, was subject to the Special Parliamentary Committee investigation in 2010. The
Committee found that Saeed Mortazavi was one of the main individuals responsible for the
transfer and mistreatment of demonstrators at the Kahrizak prison.32 However, it is two years
later, in 2012, that the Iranian authorities opened a criminal case against Saeed Mortazavi,
then head of the Iran’s Social Security Organization.33 The investigation looked into the
alleged post-election abuses at Kahrizak prison, where three demonstrators reportedly died as
a result of torture and ill-treatments.34 In 2018 a court ultimately convicted Saeed Mortazavi
for the death of one of the three above-mentioned demonstrators and sentenced him to two
years of prison.35 However, Saeed Mortazavi was reportedly released in September 2019.36
Cases of killings and torture and other ill-treatments during and following the 2009 protests
have been largely reported and documented. Although Iranian authorities set up a
parliamentarian committee to investigate cases of post-election arrestees, the process of
selection of MPs candidates added to the threat of being accused on the charge of “national
security” impair MPs’ impartiality. Furthermore, the lack of legal safeguards against torture
26
Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice#
Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice#
28
Article 29 Revised Code of Criminal Procedure (2015), as referenced by Amnesty International,
https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
29
Article 28, Revised Code of Criminal Procedure (2015), as referenced by Amnesty International, 2016,
https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
30
Amnesty International, 2016, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
31
Amnesty International, 2016, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
32
Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice
33
Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice
34
Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice#
35
Human Rights Watch, 2018, https://www.hrw.org/news/2018/04/24/notorious-iranian-prosecutor-behind-bars-now
36
Radio Farda, 2019, https://en.radiofarda.com/a/iran-releases-notorious-former-prosecutor-mortazavi-jailed-for-prisonerdeaths/30151955.html
27
4