power, yet there is a dearth of information regarding whether the motivations behind these
investigations were political in nature or a result of an impartial criminal process.9 10
The selection of judges in Iran impacts the judicial process and undermine due process of law. In
2014, a Judiciary’s circular listed the most common complaints against judges and 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 outcome and not all
are considered. During the Iranian year 1395 (March 20, 2016 –March 19, 2017), Iran’s General
Inspection office received 30,315 complaints. The office sent 3,464 emails to those who had
filed complaints. Written follow-ups of local and provincial investigations amounted to 1,502.13
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 been reportedly conducted
Iran since the beginning of 2012 through May 27, 2020.14
B. Investigate allegations of torture of detainees
Article 38 of the Constitution prohibits the use of any form of torture to obtain confessions, and
considers the confession resulting from torture acts to be inadmissible in court.15 Article 169 of
the Islamic Penal Code further invalidates confessions from torture.16 In addition, Articles 6, 7
and 9 of the law on the respect for the legitimate freedoms and citizenship rights (adopted on 4
May 2004) specifies and prohibits instances of torture.17 Article 578 of the Islamic Penal Code
criminalized the use of torture and imposes a punishment on the perpetrator.18
Despite these legal guarantees, the root cause of the issues in Iranian laws that ensures the
perpetuation of torture is that it restricts torture to physical torture and does not recognize other
9
Iran International https://iranintl.com/en/iran/president-rouhani%E2%80%99s-brother-sentenced-five-years-prison
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
https://www.iranrights.org/memorial
15
Constitution of the Islamic Republic of Iran http://www.iranchamber.com/government/laws/constitution_ch03.php
16
Islamic Penal Code: https://shenasname.ir/subjects/salamat/1571-mojazat92
17
The Law on the Respect for the Legitimate Freedoms and Citizenship Rights: https://rc.majlis.ir/fa/law/show/94150
18
Islamic Penal Code: https://shenasname.ir/subjects/salamat/1571-mojazat92
10
2