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10 - Iran’s Religious and Ethnic Minorities in the Eyes of the Judiciary and the Security Apparatus

Published online by Cambridge University Press:  10 April 2025

Hadi Enayat
Affiliation:
Institute for the Study of Muslim Civilizations, Aga Khan University
Mirjam Künkler
Affiliation:
Institute for Advanced Legal Study
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Summary

This chapter examines the rights situation of religious and ethnic minorities in the Islamic Republic. All state institutions are in some ways responsible for the Islamic Republic’s discriminatory policies. The intelligence and security apparatus intimidate and arrest members of minority groups, and the judiciary usually issues harsh sentences against them. The executive branch also engages in discriminatory action, such as denying higher education and public sector employment to minorities. The parliament, having passed discriminatory laws, does not hold other state organs responsible for extra-legal actions against minorities. Nor has it conducted investigations necessary to determine the extent of discriminatory practices in the country. Courts have reacted to minority cases in diverse ways, often validating discrimination but in some cases also protecting them against rights abuses. If this diversity in court rulings indicates anything, it is that not all courts are completely on the government’s line but retain some modicum of political independence. The bigger picture is, however, that minority cases are often treated as politically sensitive irrespective of the nature of the case and are therefore tried in the revolutionary rather than the general courts.

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The Rule of Law in the Islamic Republic of Iran
Power, Institutions, and the Limits of Reform
, pp. 289 - 330
Publisher: Cambridge University Press
Print publication year: 2025

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