Citizens’ Rights

Citizens’ Rights

XIII. Right to a Fair Trial


Article 56

Citizens have the right to freely and easily access competent and impartial judicial, police, administrative and supervisory authorities to seek justice. No one can be deprived of this right.

Article 57

There is a presumption of innocence and no one shall be considered guilty unless the charge against him or her is proven in a court of competent jurisdiction and by observance of due process of law, including the principles of nullum crimen sine lege (no crime without law); independence and impartiality of judicial bodies and judges; the right of defense, the principle of individual criminal responsibility; the principle of speedy trial and adjudication within a reasonable period without prolongation of proceedings; and the right to have an attorney. Judgments must be issued on the basis of relevant laws and principles.      

Article 58

Citizens have the right to retain attorneys of their choosing from the outset to the conclusion of judicial, police and administrative proceedings. In case individuals are unable to retain attorneys before judicial authorities, they shall be provided facilities for retaining an attorney. In line with the realization of the inviolable right of defense, the professional independence of attorneys will be protected.

Article 59

Trials will be held in open court as a matter of principle and citizens shall have the right to attend hearings, if they so wish. Exceptions shall be determined only by law.

Article 60

Citizens (including accused persons, convicts and victims) have the right to have their personal data protected and secured before judicial, police and administrative authorities; and that no damage shall be inflicted upon their status, honor and human dignity. Any type of illegal conduct, such as physical or psychological torture; obtaining forced testimony or information; using verbal or physical humiliation; applying verbal or physical violence; insulting an accused person or a convict shall constitute violation of citizens’ rights; and, aside from being legally prosecutable, the results obtained through these means will not be admissible.

Article 61

Citizens facing political or press related charges must only be tried in open court and in the presence of a jury. Jury members must be selected to constitute a reflection of the public conscience and a representation of the opinions and views of various social groups.

Article 62

Citizens have the right to be immune from arbitrary detention and unwarranted search and seizure. Any threat, exertion of pressure and restriction against the family and relatives of individuals being accused or detained is prohibited.

Article 63

Citizens have the right to be informed of all  their rights in a legal proceeding, including the right to be informed of the type and reasons for the charges against them and the evidence in support thereof; the right to be represented by an attorney; the right to be given reasonable time for presentation of complaint or defense; the right to accurate transcription of the points presented in all stages of proceeding; the right to be kept in detention houses and prisons that are legally recognized; and the right to inform one’s family about one’s detention.

Article 64

Detainees, convicts and prisoners have the right to enjoy citizens’ rights pertaining to them, including the right to have suitable nutrition, cloths, health and medical care, to communicate with and to be informed of their family; to take advantage of educational and cultural services; and to perform religious worship and rituals.

Article 65

Citizens have the right to appeal from judgments rendered by criminal, civil, administrative and quasi-judicial courts based on legal criteria.

Article 66

All temporary detainees and convicts have the right to return to an honorable life after the end of their detention or conviction, and to enjoy all citizens’ rights, particularly the right to employment. Imposition of restriction on social activities, save in instances expressly stated in the law and within the scope and time specified, is prohibited.

Article 67

In cooperation with other branches of the Government and state authorities, the Government takes due measures to improve the Iranian legal system and create an efficient model with emphasis on observance of the due process of law.

References

Article 56: Articles 34, 61, 90, 159, 173 and 174 of the Constitution; Code of Criminal Procedure (2013); Code of Procedure of the Public and Revolutionary Courts in Civil Affairs (1990); Law for the Establishment and Procedure of the Administrative Justice Court (2013); Law on Establishment of General Inspection Organization (1981); Administrative Violations Adjudication Act (1993); Dispute Settlement Councils Act (2008, amended 2015).

Article 57: Articles 37 and 167 of the Constitution; article 4 of the Code of Criminal Procedure (2013); para 2 of the Law on Respect for the Legitimate Freedoms and Preservation of the Citizens’ Rights (2004).

Article 58: Article 35 of the Constitution; The Expediency Council’s Enactment on the Appointment of Attorneys for Parties to Claims (1991); para 3 of the Law on Respect for the Legitimate Freedoms and Protection of the Citizens’ Rights (2004); article 48 of the Code of Criminal Procedure (2013).

Article 59: Articles 39 and 168 of the Constitution, paras 4, 6 and 7 of the Law on the Respect for the Legitimate Freedoms and Preservation of the Citizens’ Rights (2004); The Expediency Council’s Enactment on the Appointment of Attorneys for Parties to Claims (1991); articles 305 and 352 of the Code of Criminal Procedure (2013).

Article 60: Articles 22, 38, 166, and 168 of the Constitution; article 40 of the Code of Criminal Procedure (2013); article 169 of the Islamic Penal Code (2013).

Article 61: Article 168 of the Constitution; article 305 of the Code of Criminal Procedure (2013).

Article 62: Article 32 of the Constitution; Law on the Respect for the Legitimate Freedoms and Protection of the Citizens’ Rights (2004); chapter 2 of the Code of Criminal Procedure (2013).

Article 63: Articles 3 and 32 of the Constitution; articles 5 and 52 of the Code of Criminal Procedure (2013).

Article 64: Article 39 of the Constitution; Law on the Respect for the Legitimate Freedoms and Protection of the Citizens’ Rights (2004); articles 49, 50 and 51 of the Code of Criminal Procedure (2013).

Article 65: Code of Criminal Procedure (2013); Code of Procedure of the Public and Revolutionary Courts in Civil Cases (2000); the Administrative Violations Adjudication Act (1993).

Article 66: Articles 36 and 37 of the Constitution; articles 4, 7, 25 and 26 of the Islamic Penal Code (2013).

Article 67: Article 3.14 of the Constitution.