In December 2009, a military court charged 11 police officers who allegedly collaborated with the
police, with murder over the deaths of demonstrators who have been detained at the Kahrizak
prison.25 However the court acquitted of all charges the highest-ranking defendant, General
Azizollah Rajabzadeh, who headed Tehran’s police force at the time. 26 Additionally, the court did
not examine high-ranking judicial and police officials such as Saeed Mortazavi, then Tehran
Prosecutor General, Dehnavi (then Mortazavi’s deputy), Heidarifard (then Mortazavi’s deputy),
Esmail Ahmadi Moghadam (then commander of the Law Enforcement Forces), and Ahmad-Reza
Radan (then deputy commander of the Law Enforcement Forces).27
The management and supervision of “judicial officers” (commanders, officers, rank-and-file
police officers, as well as prison chiefs, prison guards, officials of the Ministry of Intelligence the
Basij forces and the Intelligence Organization of the Revolutionary Guards) 28 is the responsibility
of the Prosecutor, also responsible for holding regular training courses for judicial officers. 29 The
revised Code of Criminal Procedure (2015) does not provide the type of action the Prosecutor is
required to take in cases where “judicial officers” are in breach of regulations or in cases of
misconduct.30 The recognition of security and intelligence officials as “judicial officers” empower
them to take actions such as arrests, detention and investigation. In the absence of adequate laws
that clearly define the chain of command and establish effective oversight, the independence of
the judicial system is impaired, ultimately enabling security and intelligence bodies to act without
accountability.31
The former Tehran Prosecutor General at the time of the 2009 post-elections unrests, Saeed
Mortazavi, was subject to the Special Parliamentary Committee investigation in 2010. The
Committee found that Saeed Mortazavi was one of the main individuals responsible for the transfer
and mistreatment of demonstrators at the Kahrizak prison.32 However, it is two years later, in 2012,
that the Iranian authorities opened a criminal case against Saeed Mortazavi, then head of the Iran’s
Social Security Organization. 33 The investigation looked into the alleged post-election abuses at
Kahrizak prison, where three demonstrators reportedly died as a result of torture and illtreatments.34 In 2018 a court ultimately convicted Saeed Mortazavi for the death of one of the three
25
Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice
Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice#
27 Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice#
28 Article 29 Revised Code of Criminal Procedure (2015), as referenced by Amnesty International,
https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
29 Article 28, Revised Code of Criminal Procedure (2015), as referenced by Amnesty International, 2016,
https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
30 Amnesty International, 2016, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
31
Amnesty International, 2016, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
32 Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice
33 Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice
34 Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice#
26
4