Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/69/356 para 104
Full recommendation:
Echoes the call of the Human Rights Committee to ensure the independence of the judiciary and
to investigate all allegations of torture and mistreatment of detainees.
Assessment using Impact Iran human rights indicators1
A. Independence of the judiciary
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 by him.3 No other organ or institution is involved in the 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
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, “being bound to faith” and “being loyal to the principle of the primary of the
Supreme Leader.”6 Field investigations and conducting 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 formal investigations undertaken by Iranian authorities into
individuals with judicial functions following accusations of corruption, bribery and abuse of
1
CCPR.14.1.S.2; CCPR.14.1.P.3; CCPR.14.1.P.4; CCPR.14.1.O.8; CCPR.7.1.S ; CCPR.7.1.P ; CCPR.7.1.P. CCPR.7.1.P ;
CCPR.7.1.O ; CCPR.7.1.O ; CCPR.7.1.O
2
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
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
1