This article examines the concept of political crimes in the legal framework of Iran. While the Iranian Constitution provides special procedural safeguards for those charged with such crimes, i.e. public hearing in the presence of a jury, secondary laws of Iran provide no definition for such crimes.
Executive Summary
This article examines the concept of political crimes in the legal framework of Iran. While the Iranian Constitution provides special procedural safeguards for those charged with such crimes, i.e. public hearing in the presence of a jury, secondary laws of Iran provide no definition for such crimes. This has provided a justification for the Iranian Judiciary to deny public hearing and trial in the presence of a jury to political opponents of the system. The Revolutionary Courts, which show little regard for fair trial principles, generously label such cases as “security” offenses and impose extremely harsh sentences against the accused persons in secret trials. Despite the efforts made to define political crimes in the IRI Parliament, no such definition has been provided to date. In 2013 a draft bill was proposed which defines political crimes very narrowly. The bill has been passed in the first reading and it is a possibility that it becomes a law in the near future. This is while what is regarded as a privilege for political offenders in the IRI, is regarded as regular procedural standards for such offenders in many other countries. On the overall however, the theory of recognizing some crimes as “political” and prescribing certain privileges for the accused persons of such crimes is disappearing from modern legal systems. Moreover, such standards are only effective in a democratic society, which complies with the rule of law and respects fundamental freedoms and basic rights. Therefore, it is very doubtful that such efforts will improve the situation of political activists and human rights defenders in the IRI.
full article: http://www.iranhrdc.org/english/publications/legal-commentary/1000000510-the-problem-of-political-crimes-in-iranian-law.html
By Mohammad H. Nayyeri
Iran Human Rights Documentation Center