Concluding Observations Human Rights Committee CCPR/C/IRN/CO/3 para 22
Full recommendation:
The State party should take immediate steps to ensure and protect the full independence and
impartiality of the judiciary, and guarantee that it is free to operate without pressure and
interference from the executive power and clergy. The State party should also ensure that judges,
in interpreting legislation and in relying on religious principles, do not reach verdicts that are in
contravention of the rights and principles as laid down in the Covenant.
Assessment using Impact Iran human rights indicators1
A. The State party should take immediate steps to ensure and protect the full
independence and impartiality of the judiciary, and guarantee that it is free to
operate without pressure and interference from the executive power and clergy.
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

1
CCPR.2.2.S.1; CCPR.14.1.S.2;
CCPR.2.2.P.2; CCPR.14.1.P.3; CCPR.14.1.P.4;
CCPR.2.2.O.1; CCPR.14.1.O.8;
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).

1

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