Monday, July 27, 2009

Iran's head of judiciary refers to Iran's constitution

Source: Iranian constitution based on translation provided by Iranian embassy in London.
Articles of law explicitly invoked by the jurist are marked in red.

Chapter III The Rights of the People

Article 19 [No Discrimination, No Privileges]
All people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; color, race, language, and the like, do not bestow any privilege.

Article 20 [Equality Before Law]
All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria.

Article 21 [Women's Rights]
The government must ensure the rights of women in all respects, in conformity with Islamic criteria, and accomplish the following goals:

  1. create a favorable environment for the growth of woman's personality and the restoration of her rights, both the material and intellectual;
  2. the protection of mothers, particularly during pregnancy and child-rearing, and the protection of children without guardians;
  3. establishing competent courts to protect and preserve the family;
  4. the provision of special insurance for widows, aged women, and women without support;
  5. the awarding of guardianship of children to worthy mothers, in order to protect the interests of the children, in the absence of a legal guardian.

Article 22 [Human Dignity and Rights]
The dignity
, life, property, rights, residence, and occupation of the individual are inviolate, except in cases sanctioned by law.

Article 23 [Freedom of Belief]
The investigation of individuals' beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief.

Article 24 [Freedom of the Press]
Publications and the press have freedom of expression
except when it is detrimental to the fundamental principles of Islam or the rights of the public. The details of this exception will be specified by law.

Article 25 [Secrecy of Communication]
The inspection of letters and the failure to deliver them, the recording and disclosure of telephone conversations, the disclosure of telegraphic and telex communications, censorship, or the wilful failure to transmit them, eavesdropping, and all forms of covert investigation are forbidden, except as provided by law.

Article 26 [Freedom of Association]
The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic. No one may be prevented
from participating in the aforementioned groups, or be compelled to participate in them.

Article 27 [Freedom of Assembly]
Public gatherings and marches may be freely held, provided arms are not carried and that they are not detrimental to the fundamental principles of Islam.

Article 32 [Arrest]
No one may be arrested except by the order and in accordance with the procedure laid down by law. In case of arrest, charges with the reasons for accusation must, without delay, be communicated and explained to the accused in writing, and a provisional dossier must be forwarded to the competent judicial authorities within a maximum of twenty-four hours so that the preliminaries to the trial can be completed as swiftly as possible. The violation of this article will be liable to punishment in accordance with the law.


Article 34 [Recourse to the Courts]
It is the indisputable right of every citizen to seek justice by recourse to competent courts. All citizens have right of access to such courts, and no one can be barred from courts to which he has a legal right of recourse.

Article 36 [Sentencing]
The passing and execution of a sentence must be only by a competent court and in accordance with law.

Article 37 [Presumption of Innocense]
Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court.

Article 38 [Torture]
All forms of torture for the purpose of extracting confession or acquiring information are forbidden. Compulsion of individuals to testify, confess, or take an oath is not permissible; and any testimony, confession, or oath obtained under duress is devoid of value and credence. Violation of this article is liable to punishment in accordance with the law.

Article 39 [Dignity of Arrested]
All affronts to the dignity and repute of persons arrested, detained, imprisoned, or banished in accordance with the law, whatever form they may take, are forbidden and liable to punishment.

1 comment:

Anonymous said...

They are breaking their own rules.