Special Rapporteur on the situation of human rights in the Islamic Republic of Iran A/72/322 para 112 Full recommendation In order to improve the human rights record in the Islamic Republic of Iran, the Government will have to reform the judicial system with a view to ensuring its independence. Appropriate training for the members of the judiciary is also necessary to ensure that guarantees of a fair trial and due process are effectively respected. Assessment using Impact Iran human rights indicators1 A. The Government will have to reform the judicial system with a view to ensuring its independence 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 who can dismiss him at any point in time.3 No other organ or institution is involved in this 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 As a result, the judicial system is not independent from the Iranian government. The 1982 Law for the Selection of Judges with its subsequent amendments, as well as the 2013 Guidelines for the Recruitment, Selection, and Apprenticeship of Applicants for Judgeship and Employment of Judges, 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, who is “bound by faith” and is “loyal to the principle of the primary of the Supreme Leader”.6 Field investigations and ideological and political interviews are part of the selection process.7 8 1 CCPR.14.1.S.2; CCPR.9.3.S.2; CCPR.9.1.S.3; CCPR.14.1.P.3; CCPR.9.5.P.2; CCPR.14.1.O.5; CCPR.14.1.O.6; CCPR.14.1.O.8; CCPR.9.2.O.4 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

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