Ratification of International Judicial Agreement in Iran; Problems and Solutions

Domestic courts of every country need to interact and cooperate with foreign courts to deal with cases in connection with the legal and judicial system of a foreign state such as extradition, transfer of prisoners, investigation of accused or hearing the witnesses who may be reside in the territory of a foreign state. However, achievement this goal often requires to have a special Act which assures the reciprocity action of every state. Therefore, the best way is to provide for the agreements of legal and judicial assistance between states. These agreements, bilaterally or multilaterally, oblige the states to cooperate with each other. In Iran, before the Islamic Revolution, a total of five agreements have been signed mainly with neighboring states. Now, this number has increased to 45 and a total of 110 different agreements are currently under discussion. In this situation, approving of these agreements has been systematically denied by the Guardian Council of the Constitution. In contrast, the Expediency Council systematically approves these agreements. But such a cycle would not supportable and therefore, a solution should be found. This study suggests some legal solutions and General Policies which helps the Guardian Council to confirm the agreements relating to the international judicial and legal assistance.