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Human Rights and the Legal System in Iran

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Human Rights and the Legal System in Iran wwutMioHtt commission H f t S T T E R , O f JURISTS 109, route de Chene 1.224 Chene-Bougeries, Geneva Switzerland , Human Rights and The Legal System In Iran Two Reports by William J. Butler, Esq. and Professor Georges Levasseur *v « v ' sf- * *; * c j ,V *V Lf- -.*/ . ' .'■'v "’ (• O A. INTERNATIONAL COMMISSION OF JURISTS Geneva, Switzerland March, 1976 ^ 4 * b w -/ 1 32. Human Rights and The Legal System in Iran * CO1<• C"> ’ *<v® -e-^ >,s!A<S:\\v* « •'■ \vK\v,>-" ’ rV'.^O 0i *;• rp<<V * vP. ° AO , $ ° o5>i !>-C'6 v.©' c.-#sy' K £ r I'UM" Human Rights and The Legal System In Iran Two Reports by William J. Butler, Esq. and Professor Georges Levasseur INTERNATIONAL COMMISSION OF JURISTS Geneva, Switzerland March 1976 Table of Contents Preface............................................................................................................ vii REPORT ON HUMAN RIGHTS IN IRAN by William J. Butler, Esq................................................................................... 1 I. Historical Introduction.............................................................................. 3 Iran before 1925 ................................................................................... 3 1925-1953 ............................................................................................. 4 1953 to the P resent............................................................................. 6 II. The Suppression of Political Opposition Mass detentions following the fall of Mossadeq, 1953-1959 .... 7 Political trials between 1963 and 1975 ........................................... 8 Trial of leaders of the Movement of Iran’s Liberation (January 1964 ) .......... ................................................................................ 8 Trial of leaders of the Socialist Society of Iran (September 1965 ) ................................................................................................. 9 Trial of fourteen intellectuals (September/November 1965) .... 9 Trial of 55 members of the Islamic Nation’s Party (February/March 1966)....................................................................... 10 Trial of 7 members of the Tudeh Party (April/May 1966) .... 11 Trial of 14 intellectuals and students (Dec 68/Jan 6 9 )................... 11 Trial of 18 students (December 1970/January 1971)...................... 12 Trial of 100 (January/March 1972) ................................................. 12 Trial of writers and artists ................................................................. 13 III. Human Rights and Fundamental Freedoms ........................................... 14 Economic and Social R ights....................................................................... 14 The White Revolution ....................................................................... 14 Land Reform ....................................................................................... 15 Education and Literacy....................................................................... 15 Health ................................................................................................... 16 Women’s R ights.................................................................................... 16 Civil and Political Rights .......................................................................... 16 The Iranian Bill of Rights ................................................................. 17 Press Freedom....................................................................................... 17 The Judicial System............................................................................. 18 The Civil Courts ............................................................................. 18 Military Tribunals .......................................................................... 19 The System of Internal Security........................................................ 19 Arrests.............................................. .................. ...................... 19 Military Trials .............................................. ................................. 20 Conditions of detention ........................................ 21 Torture and ill-treatment................................................................. 21 Conclusions .......................................................................................... 22 IV. Recommendations ....................................................................................... 23 V Notes to Section II................................................................................ 24 Appendix A: Law on the SAVAK: The Establishment of Security Organization Act, 1957 ................................................................. 32 Appendix B: Some Achievements of the White Revolution ............................. 33 Land Reform ................................................................................ 33 Education and Literacy .......................................................... 35 H ealth............................................................................................. 37 Women’s Rights .......................................................................... 38 Industrial Ownership and Equitable Pricing............................. 39 REPORT ON THE LEGAL SYSTEM IN IRAN by Professor Georges Levasseur.................................................................... 43 I. Organisation of the Judicial System in Iran ............................................... 45 Civil L aw ................................................................................................ 45 Criminal Law ...................................................................................... 46 Ordinary Courts ............................................................................. 47 Special Courts......................... ...................................................... 47 Military Tribunals (Permanent Tribunals of the Armed Forces)................................................................................................... 47 Juvenile C ourts............................................................................. 48 The Criminal Court for Government Officials......................... 49 Financial C ourt............................................................................. 49 Administrative L a w ............................................................................. 50 II. Iranian Criminal Law ...................................................................... 51 General Criminal Law ....................................................................... 51 Special Criminal L a w .......................................................................... 56 III. Iranian Criminal Procedure ................................................................. 57 The procedure in ordinary criminal courts ...................................... 57 Investigation into offences .............................................................. 57 Setting in motion of a prosecution .............................................. 58 The preliminary examination ........................................................ 60 The judgm ent.................................................................................... 62 Avenues of appeal .......................................................................... 62 Possibility of a change of direction in the ordinary Iranian criminal procedure .......................................................................... 63 Criminal Procedure in Military Courts ........................................... 64 Investigation and proof of offences .............................................. 64 Opening of the prosecution and the judicial examination .... 66 Hearing and judgm ent.................................................................... 66 Means of appeal ............................................................................. 66 IV. The Prison System ......................................................................... 67 Institutions for Juveniles .................................................................... 67 Penal system for Adults .................................................................... 68 Closed prisons.................................................................................... 68 Open prisons .................................................................................... 69 Conditional liberty .......................................................................... 69 Judicial control—Deputy in charge of penal affairs ...................... 69 Conclusions............................................................................................................... 70 Vi Preface The International Commission of Jurists has for some time been following with interest and concern developments concerning the advancement and protection of human rights in Iran. In doing so it has sought to examine these issues with an understanding of the economic, social and political problems confronting the country. As is well known the movement towards greater parliamentary democracy since World War II has yielded to an authoritarian one-party regime under the firm control of the Shah. Under this regime impor­ tant social reforms have been taking place under the name of the White Revolution. Many reports have been received from time to time alleging violations of human rights, and in particular the severe repression of political dissidents, including
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