Suspension of Rights and Liberties in the Constitution of the Islamic Republic of Iran with an Eye to the Human Rights Documents

With the prediction of a system of restriction on rights and liberties under normal conditions and a system of suspension as well as separation between rights which may be suspended and those which may not¡ the situation of liberties has been somehow clarified in the trans-national system of human rights. Iranian Constitution has forecasted elements which may limit liberties and in the Article 79 has specially discussed emergency conditions and situation of liberties under such conditions. While forbidding proclamation of martial law¡ this article has spoken of necessary restrictions. However¡ it has not specified something as suspension of rights and liberties under emergency conditions. The present article discusses articles of the Constitution to recognize criteria for restricting liberties¡ rigts which may be suspended and rights which may not and¡ generally speaking¡ possibility of suspension of rights and liberties in the Constitution. As a matter of fact¡ the present article aims to provide a clear insight of the situation of liberties under emergency conditions and specify the Constitution’s approach to the right to suspension mentioned in the human rights documents. It should be noted that clarification of the situation of liberties in the Iranian Constitution will greatly help to protect such rights under all conditions and in particular under emergency conditions; and¡ thus¡ the importance ofthe subject will be shown. Conditions necessary for establishing necessary restrictions¡ the right to suspension liberties in the Constitution and specification of the rights which may not be suspended by the government under emergency conditions are among issues discussed in the present study.