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Encyclopedia > Judicial system of Iran

The current judicial system of Iran was implemented and established by Ali Akbar Davar and some of his contemporaries. The system went through changes during the second Pahlavi era, and was drastically changed after the 1979 revolution of Iran. Ever since then, the judicial system has been firmly based on Shi'a Islamic Law. Ali Akbar Davar; creator of Irans legal code. ... Shia Islam ( Arabic شيعى follower; English has traditionally used Shiite or Shiite) is the second largest Islamic denomination; some 20-25% of all Muslims are said to follow a Shia tradition. ... Sharia (Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ...

In an Iranian court the judge acts as the trier of law, the trier of fact, and the presider. However, according to artical 168 of iran's constitution, certain cases involving the media, a jury is allowed to be the trier of fact. The judge holds absolute power. In practice, judges may be overwhelmed by cases, and not have the time to excogitate about each case. All judges are certified in Islamic law, and most, but not all, are members of the ruling clergy. A judge or justice is an official who presides over a court. ... A trier of fact is the person or group of persons in a trial who make findings of fact as opposed to rulings of law. ... To meet Wikipedias quality standards, this article or section may require cleanup. ...

Once someone is accused of a crime, bail is set, and they are sent to jail if they cannot immediately pay it, just like in most Western countries. Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (skipping bail, or jumping bail, is also illegal). ...

The lack of time and total control of the judge results in overcrowding in Iranian prisons.

The head of the Judiciary is appointed by the Supreme Leader, who in turn appoints the head of the Supreme Court and the chief public prosecutor. Ayatollah Sayyed Ali Khamenei, Supreme Leader of Iran. ...

Public courts deal with civil and criminal cases. There are also revolutionary courts that try certain categories of offenses, including crimes against national security, narcotics smuggling, and acts that undermine the Islamic Republic. Decisions rendered in revolutionary courts are final and cannot be appealed.

The rulings of the Special Clerical Court, which functions independently of the regular judicial framework and is accountable only to the Supreme Leader, are also final and cannot be appealed. The Special Clerical Court handles crimes allegedly committed by clerics, although it has also taken on cases involving lay people.

Human rights issues

According to Amnesty International's 2004 report, at least 108 people were executed that year, most of whom having been political prisoners. [1] Amnesty has also described cases in which adolescent children were sentenced to the death penalty. [2] Though officially illegal, torture is often carried out in Iranian prisons, as in the widely publicized case of photojournalist Zahra Kazemi. Amnesty International (commonly known as Amnesty or AI) is an international non-governmental organization with the stated purpose of promoting all the human rights enshrined in the Universal Declaration of Human Rights and other international standards. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Zahra Ziba Kazemi-Ahmadabadi (زهرا کاظمی احمدآبادی in Persian)‎ (1949 - July 11, 2003) was an Iranian (Persian)-born freelance photographer, residing in Montreal (Canada), who died in custody of Iranian officials following her arrest in her native country. ...

Like 74 other countries in the world, Iran carries out capital punishment. As a State party to the International Convention on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), Iran has undertaken not to execute anyone for an offence committed when they were under the age of 18, but continues to carry such executions out, and is one of only six nations in the world to do so. According to Article 6 of the ICCPR, "Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age.” [3]. Capital punishment, also called the death penalty, is the execution of a convicted felon as a punishment for a crime (often called a capital offence or a capital crime). ...

Homosexuality and adultery are legally criminal acts and punishable by life imprisonment or death, and the same sentences apply to convictions of treason and apostasy. Death sentences are always administered for those convicted of murder, rape, and child molestation. Gays are routinely flogged and threatened with execution. [4]. Iran is one of seven countries in the world that currently carries out the death penalty for homosexual acts: all of them justify this punishment with sharia. The Judiciary does not recognize the concept of sexual orientation, and thus from a legal standpoint there are no homosexuals or bisexuals - only heterosexuals "committing" homosexual acts. The neutrality of this article is disputed. ... Man and woman undergoing public exposure for adultery in Japan, around 1860 Adultery is generally defined as consensual sexual intercourse by a married person with someone other than their lawful spouse. ... In law, treason is the crime of disloyalty to ones nation. ... Apostasy (αποστασις, in classical Greek a defection or revolt from a military commander, from απο, apo, away, apart, στασις, stasis, standing) is a term generally employed to describe the formal renunciation of ones religion, especially if the motive is deemed unworthy. ... Sexual abuse is a relative cultural term used to describe sexual relations and behavior between two or more parties which are considered criminally and/or morally offensive. ... Sexual orientation refers to the sexual gender(s) to which a person is attracted and which form the focus of a persons amorous or erotic desires, fantasies, and spontaneous feelings, in other words the gender(s) toward which one is primarily oriented. The alternative terms sexual preference and sexual...

For some years after the Revolution, transgendered individuals had been classified by the Judiciary as being homosexual and were thus subject to the same laws. However, in the mid-1980s the Judiciary began changing this policy and classifying them as a distinct group separate from issues of homosexuality, and granting them legal rights. Gender identity disorder is officially recognized in Iran today, and the Judiciary permits sexual reassignment surgery for those who can afford it. [5] In the early 1960s, Ayatollah Khomeini had issued a ruling permitting gender reassignment, which has since been reconfirmed by Ayatollah Khamenei. [6] Protestors take to the street in support of Ayatollah Khomeini. ... Transgender is generally used as a catch-all umbrella term for a variety of individuals, behaviors, and groups centered around the full or partial reversal of gender roles; however, compare other definitions below. ... 1980 (MCMLXXX) was a leap year starting on Tuesday. ... Gender identity disorder as identified by psychologists and medical doctors is a condition where a person who has been assigned one gender (usually at birth on the basis of their sex, but compare intersexual) but identifies as belonging to another gender, or does not conform with the gender role their... Sex reassignment surgery (SRS) includes the surgical procedures by which a persons physical appearance and function of their existing sexual characteristics are changed to that of the other sex. ... 1960 (MCMLX) was a leap year starting on Friday (link will take you to calendar). ... Ayatollah Khomeini founded the first modern Islamic republic Ayatollah Seyyed Ruhollah Khomeini (آیت‌الله روح‌الله خمینی in Persian) (May 17, 1900 – June 3, 1989) was an Iranian Shia cleric and the political and spiritual leader of the 1979 revolution that overthrew Mohammad Reza Pahlavi, the then Shah of Iran. ... Ayatollah Ali Khamenei Ayatollah Seyyed Ali Khamenei (Persian: آیت‌الله سید علی خامنه‌ای) (born July 15, 1939) is the Iran. ...

In November 2002, Hashem Aghajari, a university professor and veteran of the Iran-Iraq war, was convicted of apostasy and sentenced to death. But after a storm of protests from the general populace, reformist politicians, and human rights advocates, the sentence was later commuted to three years imprisonment. [7] Apostasy convictions are meted out not only for openly renouncing the religion of one's birth, but also for criticizing clerical rule (as in the case of Aghajari), defaming Islam, conversion from Islam, attempting to lead others away from Islam, among other reasons. As such, the legal definition of apostasy is subject to the individual interpretation of the judge. The traditional definition of apostasy only applies to those who are born into one of the legally recognized religions - Islam, Judaism, Christianity, and Zoroastrianism. The Bahá'í Faith, for example, is not legally recognized, and the adherents of that religion are considered apostate by virtue. See also Religious minorities in Iran. Hashem Aghajari (in Persian: هاشم آغاجری) is an Iranian university professor and a critic of the Islamic Republics government. ... Combatants Iran Iraq Commanders Strength Casualties Est. ... Reformism (also called revisionism or revisionist theory) is the belief that gradual changes in a society can ultimately change its fundamental structures. ... Judaism is the religion of the Jewish people. ... The neutrality of this article is disputed. ... Faravahar (or Ferohar), the depiction of the human soul before birth and after death. ... Seat of the Universal House of Justice, governing body of the Baháís The Baháí Faith is an emerging global religion founded by Baháulláh, a 19th century Persian exile. ... The Hindu Temple in Bandar Abbas, Iran, built during the Qajar era for Indian soldiers serving in the British Army during the British occupation. ...

On 19 July 2005 two teenagers, Mahmoud Asgari and Ayaz Marhoni, aged 16 and 18, were executed by hanging in Edalat (Justice) Square in the city of Mashhad. They had been convicted of raping a 13-year-old boy in 2004, and other charges included alchohol consumption, theft, and disturbing the peace. They were detained for 14 months in prison awaiting execution and sentenced to 228 lashes. Iranian officials complained that foreign and domestic media emphasized that the two were mere boys. “Instead of paying tribute to the action of the judiciary, the media are mentioning the age of the hanged criminals and creating a commotion that harms the interests of the state”. [8]. Nobel Peace laureate Shirin Ebadi condemned the hanging of Mahmoud Asgari and Ayaz Marhoni as a violation of Iran's obligations under the International Convention on the Rights of the Child, which bans such executions. [9]. July 19 is the 200th day (201st in leap years) of the year in the Gregorian Calendar, with 165 days remaining. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Mahmoud Asgari and Ayaz Marhoni were Iranian teenagers who were hanged in Edalat (Justice) Square in Mashhad, northeast Iran, on July 19, 2005. ... Mashhad from space, January 2003 Goharshad mosque, buitl in 1418. ... Shirin Ebadi Shirin Ebadi (Persian: شیرین عبادی; born June 21, 1947) is a Persian (Iranian) lawyer and human rights activist. ... Mahmoud Asgari and Ayaz Marhoni were Iranian teenagers who were hanged in Edalat (Justice) Square in Mashhad, northeast Iran, on July 19, 2005. ...

Reformist politicians have made attempts in the past to challenge the death penalty, as well as to enforce the rule of law concerning the illegal use of torture in prisons. Journalists and human rights advocates in Iran who attempt to raise awareness of these issues often risk imprisonment and the death sentence themselves, such as in the case of Akbar Ganji. On 18 December 2003, President Mohammad Khatami stated, "I don't like the death penalty, although if there is one case where there should be an execution, the fairest case would be for Saddam. But I would never wish for that." [10] The rule of law implies that government authority may only be exercised in accordance with written laws, which were adopted through an established procedure. ... Akbar Ganji (اکبر گنجی in Persian) is an Iranian journalist and writer, imprisoned in Evin prison since April 22, 2000 after he took part in a conference held in Berlin on April 7 and 8, 2000. ... Sayyid Mohammad Khatami (سید محمد خاتمی), born October 14, 1943 in Ardakan, Yazd province), a prominent Iranian-Muslim intellectual, served as the fifth President of Iran from August 2, 1997 to August 2, 2005 and was succeeded by Mahmoud Ahmadinejad. ...

Due to the power and scope of the institutions of velayat-e-faqih (Guardianship of the Clergy), which includes the Council of Guardians and the Office of the Supreme Leader, as well as the Judiciary, democratically-elected institutions such as the Majlis and the Office of the President are often unable to challenge laws which may be considered unconstitutional. The Guardian Council of the Constitution (شورای نگهبان قانون اساسی in Persian) is a high office within the constitution of the Islamic Republic of Iran which has the authority to interpret the constitution and to determine if the laws passed by the parliament are in line with the constitution of... Ayatollah Sayyed Ali Khamenei, Supreme Leader of Iran. ... Majlis is an Arabic term used to describe various types of formal legislative assemblies in countries with linguistic or cultural connections to Islamic countries. ... The President of Iran holds a very important office in Irans political establishment. ...

See also

Evin Prison (زندان اوین) is a prison in Iran, located in the north of Tehran. ... Towhid Prison was an unofficial detention center in Tehran, Iran. ...

External links

  Results from FactBites:
Judicial system of Iran - Wikipedia, the free encyclopedia (1056 words)
However, according to artical 168 of iran's constitution, certain cases involving the media, a jury is allowed to be the trier of fact.
Iran is one of seven countries in the world that currently carries out the death penalty for homosexual acts: all of them justify this punishment with sharia.
The Judiciary of The Islamic Republic of Iran
Iran - Hutchinson encyclopedia article about Iran (2743 words)
Iran was declared an Islamic republic, and a new constitution, based on Islamic principles, was adopted.
For the first time in a Western judicial system, Iran's leaders were held directly responsible for international terrorism in April 1997 when a German court ruled that they had ordered the murders of three Iranian Kurdish opposition activists in Berlin.
Iran's intelligence ministry admitted in early January 1999 that its agents had been directly implicated in the recent murders of political and intellectual dissidents.
  More results at FactBites »



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