Article 32 of the Constitution stipulates that the subject of the charge must be immediately
notified to the accused in writing. 13 The revised Code of Criminal Procedure (CCP) 14 introduces
disciplinary measures for anyone who summons or arrests an individual without sufficient
reason.15 Article 181 of the revised CCP provides that accused individuals are to be arrested
pursuant to a warrant which specifies a reason for the arrest and details pertaining to this reason,
signed by an investigating judge.16 However, there is no requirement for including an
explanation of the legal provision under which an individual is being arrested, enabling arrests
on the basis of vaguely defined terms such as “national security”. 17 The 2015 CCP does not set
out a clear timeframe within which the suspect must be informed of the formal charges held
against them.18 Such shortcomings enabled the temporary detention of a number of individuals
for an inappropriate amount of time before they could be finally notified of their charges and
begin their judicial process. 19
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”.20 Field investigations and conducting ideological and political interviews are
part of the selection process. 21 22 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
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. 23 24
13
Constitution of the Islamic Republic of Iran < http://www.iranchamber.com/government/laws/constitution_ch03.php>
Code of Criminal Procedure of the Islamic Republic of Iran (2015) original version http://dotic.ir/print/5584
15 Amnesty International < https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF>
16 Code of Criminal Procedure of the Islamic Republic of Iran (2015) as referenced in the 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
17 Amnesty International < https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF>
18 Amnesty International <https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF>
19 UNPO <https://unpo.org/article/21430>
20 Article 13 Guidelines for the Recruitment, Selection, and Apprenticeship of Applicants for Judgeship and Employment of
Judges (2013).
21 Article 14 Guidelines for the Recruitment, Selection, and Apprenticeship of Applicants for Judgeship and Employment of
Judges (2013)
22 http://rc.majlis.ir/fa/law/show/90547 ; http://rc.majlis.ir/fa/law/show/91044
23 Iran International https://iranintl.com/en/iran/president-rouhani%E2%80%99s-brother-sentenced-five-years-prison
24 OCCRP https://www.occrp.org/en/27-ccwatch/cc-watch-briefs/10035-iran-new-conservative-chief-justice-fires-60-corruptjudges
14
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