Iranian law of freedoms and protecting citizen's rights _farzad deljui

freedoms and protecting citizen's rights

Approved on 2/15/2013

Article 1 - From the date of approval of this law, all public, revolutionary and military courts, prosecutors' offices and judicial officers are obliged to carefully observe and implement the following items in the performance of their legal duties. offenders will be punished according to the following laws:

1- The detection and prosecution of crimes and the execution of investigations and the issuing of orders for temporary arrest and security must be based on compliance with the laws and with a clear and clear judicial order and must be free from the application of any personal preferences and abuse of power or the use of any violence or Additional and unnecessary arrests should be avoided.

2- Convictions must be according to legal arrangements and exclusive to the steward, accomplice and deputy of the crime, and until the crime is proven in a competent court and a reasoned and documented verdict based on legal materials or valid jurisprudential sources (in the absence of law) is not conclusive on acquittal. accused and everyone has the right to have the necessary security under the protection of the law.

3- Courts and prosecutors are obliged to respect the right of defense of the accused and the complainant and provide them with the opportunity to use lawyers and experts.

4- It is necessary to fully observe Islamic morals and standards with litigants and persons suspected of accusations and perpetrators of crimes and informants of events and in general in the implementation of assigned duties and dealing with people.

5- The principle of prohibiting the arrest and detention of people requires that, in necessary cases, it should be according to the order and procedure specified in the law, and the case should be sent to the competent judicial authorities within the prescribed period, and the family of the arrested should be informed.

6- In the course of arrest and interrogation or survey and research, avoid harming people such as blindfolding and humiliating them.

7- The interrogators and investigation officers should refrain from covering their faces or sitting behind the accused or taking them to unknown places and generally illegal actions.

8- Local inspections and examinations, in order to arrest the fugitive accused or to discover the tools and instruments of the crime, should be carried out according to the legal regulations and without disturbance and with utmost caution, and should not attack the documents and documents and objects that are not related to the crime or belong to the accused. and the content of letters and writings, family photos and family movies and their unnecessary recording should be avoided.

9- Any torture of the accused in order to obtain a confession or to force him to do other things is prohibited, and the confessions obtained in this way will not have Sharia and legal validity.

10- Investigations and interrogations should be based on legal scientific principles and methods and previous training and necessary supervision, and with those who have ignored the arrangements and regulations and resorted to contrary methods in the implementation of their duties, according to the law Take serious action.

11- The questions should be useful and clear and related to the alleged accusation or accusations, and avoid prying into personal and family secrets, asking about the past sins of people, and dealing with ineffective issues in the case being investigated.

12- Answers should be written in the same quality as stated and without changes or transformations and read for the speaker, and literate people should write their own content if they wish, so that there is no suspicion of distortion or induction.

13- Courts and prosecutors should seriously monitor the detention centers of law enforcement forces or institutions that perform their duties according to special laws and the behavior of the officers and attendants related to the accused, and praise and encourage the correct implementation of the regulations and deal with the violators legally. to be

14- Avoid interfering with the confiscated and impounded property and objects of the defendants, and at the earliest possible opportunity, or while issuing a verdict or placing an order in the courts and prosecutors, the duty should be determined with respect to the property and objects, and as long as no judicial decision has been taken regarding them. Due care has been taken in preserving and taking care of them, and in no case should they be used for personal or administrative purposes.

15- The head of the Judiciary is obliged to appoint a committee to supervise and properly implement the above matters. All the institutions that are in some way related to these cases are obliged to cooperate with this committee. In case of violations of the laws, that board has the duty to deal seriously with the violators through the competent authorities, in addition to efforts to correct the methods and their compliance with the regulations, and to report the results of its actions to the head of the Judiciary.

The above law, which includes a single article, was approved by the Islamic Council in a public meeting on Tuesday, May 02/16/2013.15, 1383, and was approved by the Guardian.Council on