The Judiciary

Article 156: The judiciary is an independent power that protects individual and social rights and is responsible for actualizing justice. It is responsible for the following duties:

1. investigating and issuing judgment on grievances, infringements of the law, com- plaints, settling litigations and resolving hostilities, making decisions and taking the necessary actions in probate matters as determined by the law;
2. restoring public rights and promoting justice and the legitimate freedoms;
3. overseeing the quality of the execution of the laws;
4. uncovering crimes, prosecuting, punishing and reprimanding criminals; and enforcing the conditions and regulations of the established Islamic penal code;
5. taking appropriate steps to reform the criminals and to prevent crimes. Article 15741: In order to fulfill the responsibilities of the judiciary power in all of the judicial, administrative, and executive matters, the leadership designates for a period of five years a just scholar of jurisprudence (mujtahid), who is knowledgeable of judicial matters and is a competent administrator as the head of the judiciary power: the supreme position in the judiciary power. Article 15842: The duties of the judiciary power are as follows:
6. creating the necessary institutions in the Ministry of Justice in accordance with the responsibilities of Article 156;

41 Article 157 (1979 Edition): In order to fulfill the responsibilities of the judiciary power a council called the Supreme Judiciary Council is formed which is the highest authority of the judiciary power. Its responsibilities are as follows:

1. creating the necessary institutions in the Ministry of Justice in accordance with the responsibilities of Article 156;
2. preparing judicial bills appropriate with the Islamic Republic;
3. employing just and meritorious judges, dismissing and appointing them, changing their place of assignment, specifying their jobs, promotions, and similar administrative affairs, in accordance with the law. 42 Article 158 (1979 Edition): The Supreme Judiciary Council will consist of five members:
4. the head of the Supreme Court;
5. the prosecutor-general;
6. three just and learned judges who are scholar of jurisprudence (mujtahid), as selected by the judges of the country. Members of this council are selected for five years in accordance with the law. Their re-election is not prohibited. The law determines the qualifications of the candidates and the electors. 34
7. preparing judicial bills appropriate for the Islamic Republic;
8. employing just and meritorious judges, dismissing and appointing them, changing their place of assignment, specifying their jobs, promotions, and similar administrative affairs, in accordance with the law. Article 159: The Ministry of Justice is the official source for submitting grievances and complaints. The composition of the courts and their competence are subject to the law. Article 16043: The minister of justice has responsibility for all the affairs concerning the relationship between the judiciary power and the legislative and the executive powers. The minister is selected from among the persons who are proposed by the judiciary to the President of the Republic. The head of the judiciary can delegate to the minister of justice complete financial and administrative authority and also authority over the employment of those who are not judges. In this case, the minister of justice has the same authorities and responsibilities that are foreseen in the law for the ministers in the supreme executive position. Article 16144: The Supreme Court is formed on the basis of the criteria that are set forth by the head of the judiciary in order to supervise the correct enforcement of the laws in the courts, create uniformity in the judicial procedure, and fulfill the responsibilities that are allocated to it according to the law. Article 16245: The head of the Supreme Court and the prosecutor general must be just scholars of jurisprudence and knowledgeable of judicial matters. The head of the judiciary power, in consultation with the judges of the Supreme Court, shall be appointed to the post for a period of five years. Article 163: The attributes and qualifications of a judge are defined through the law in accordance with the criteria of jurisprudence. Article 16446: A judge cannot be temporarily or permanently dismissed from the position he occupies without a trial and proof of guilt or a misdemeanor that is cause for his removal. Nor can his position or place of service be changed without his consent unless it benefits society, upon the decision of the head of the judiciary, after consultation with the head of the Supreme

43 Article 160 (1979 Edition): The minister of justice has the responsibility for all the affairs concerning the relationship between the judiciary and the legislative and the executive powers. The minister is selected from among the persons who are proposed by the supreme judiciary to the prime minister. 44 Article 161 (1979 Edition): The Supreme Court is formed on the basis of the criteria that are set forth by the Supreme Judiciary Council in order to supervise the correct enforcement of the laws in the courts, create uniformity in the judicial procedure, and fulfill the responsibilities that are allocated to it according to the law. 45 Article 162 (1979 Edition): The head of the Supreme Court and the prosecutor general must be just scholars of jurisprudence and knowledgeable of judicial matters. The leadership, in consultation with the judges of the Supreme Court shall appoint them to these posts for a period of five years. 46 Article 164 (1979 Edition): A judge cannot be temporarily or permanently dismissed from the position he occupies without a trial and proof of guilt or a misdemeanor that is cause for his removal. Nor can his position or place of service be changed without his consent unless it benefits society, with the approval and unanimous vote of members of the Supreme Judicial Council. The periodic transfer of the judges takes place according to the general criteria that are established by law. 35 Court and the prosecutor general. The periodic transfer of the judges takes place according to the general criteria that are established by the law. Article 165: Trials are held openly and the presence of the public is not banned, unless the court determines that their openness contradicts public chastity or public order; or if, in private disputes, the parties involved request that the court not be open. Article 166: Court verdicts must be substantiated, and based on the articles of the law, and the principles that have determined the verdict. Article 167: The judge must try to base the verdict of each dispute on the codified laws. If his attempt fails, he should issue the verdict on the case by referring to reputable Islamic sources or religious rulings (fatwas). He cannot refrain from issuing a verdict under the pretext of silence, deficiency, brevity, or inconsistency in the laws. Article 168: Investigating political and press offenses is conducted openly in the courts of the Ministry of Justice before a jury. The manner and conditions of jury selection and their authorities and the definition of political offenses are defined by the law on the basis of Islamic criteria. Article 169: No action or lack of action is considered an offense on the basis of a law that is legislated subsequent to it. Article 170: Judges of courts have the duty to refrain from enacting governmental statues and protocols that are opposed to Islamic laws and regulations or are outside the domain of the authority of the executive power. Anyone can request the annulment of these kinds of regulations from the Court of Administrative Justice. Article 171: In the event that one suffers financial or spiritual damage as a consequence of a failure or mistake of a judge in the case, the verdict, or the application of the verdict to the specific case, in case of guilt, the one who is guilty is liable in accordance to Islamic criteria; otherwise, the damage is compensated by the government. In all cases the reputation of the accused will be cleared and restored. Article 172: Military courts will be formed in accordance with the law in order to investigate the offenses that are related to the specific duties or the security duties of the members of the army, the gendarmerie, the police, and the Islamic Pasdaran Revolutionary Corps. But the common court investigates their general offenses or the offenses that they commit in the capacity of guardians of the Ministry of Justice. The office of the General Prosecutor and the military courts are a part of the country’s judiciary and are subject to the principles in connection with this power. Article 17347: In order to investigate the complaints, grievances, and objections of the people against governmental officials, units, and protocols, and in order for the people to restore their

47 Article 173 (1979 Edition): In order to investigate the complaints, grievances, and objections of the people against governmental officials, units, and protocols, and in order for the people to restore their rights, a court called the Court of Administrative Justice will be established under the supervision of the Supreme Judicial Council. The law determines the domain of authority and operation of this court. 36 rights, a court, named the Court of Administrative Justice, will be established under the supervision of the head of the judiciary. The law shall determine the responsibility and the mode of operation of this court. Article 17448: On the basis of the right of the judiciary to supervise the appropriate proceedings of affairs and the correct enforcement of the law in the administrative organizations, an institution named the National General Inspectorate will be established under the supervision of the head of the judiciary. The law determines this organization’s domain of authority and its responsibilities.