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The chapter analyzes the nature and evolution of the administration of criminal justice in the Islamic Republic of Iran. Although current Iranian law incorporates a range of provisions intended to protect the rights of the accused in criminal prosecutions, in practice these provisions are routinely violated. It is argued that the violations of due process in the Islamic Republic of Iran are the result of several factors. First, the criminal justice system has been configured to deal with political opposition as an existential threat to the state, resulting in frequent executive interference in the judicial process and arbitrary trials in revolutionary courts. Second, the structural subordination of the judiciary to the effective power of the Supreme Leader and specific executive agencies has eroded the rule of law. Third, the ideological imperative to Islamize the judicial system after the 1979 Revolution has led to the adoption of judicial procedures that have given judges very wide discretion in the conduct and outcome of cases, notably in criminal law.
This chapter focuses on the police and other law enforcement agencies. Mapping their transformation since the 1979 Revolution, it highlights the tensions and overlapping jurisdictions between different law enforcement agencies and units, arguing that their security mission has expanded alongside their disciplinary and religious morality mission, especially since the disputed 2009 elections. To maintain order, the Islamic Republic has taken several measures, such as the expansion of law enforcement units, the establishment of several special forces for crowd control and anti-riot missions, and heavy investment in the training and equipment of these forces. The police force has also dramatically intensified its ideological programs for the indoctrination of its members and has made changes to recruitment by shifting focus toward more conservative parts of society. Despite some attempts at reform, Iran’s various police forces are not consistently subject to the rule of law, nor are they accountable to elected institutions.
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