The role of the judiciary in monitoring on the suspension of the human rights obligations of states

The suspension of the human rights is one of the solutions which was designed to strike a balance between the need to respect human rights and human freedom and safeguarding of public interests in the emergency status. In the meantime, in order to prevent any possibility of misuse of authority in recognizing the necessity or non-necessity of the suspension of the human rights by government, some preconditions have been provided. In this context, due to the implicit recognition of the possibility of suspension of human rights within laws of Iran, the present study aims to investigate with a descriptive-analytical method whether the judicial oversight in the process of suspending human rights can play an effective role in preventing possible human rights violations in this process? The results indicate that after review of existing jurisprudence one can conclude that judicial oversight of the judiciary on implementation of preconditions of the suspension can play an effective rule in protecting the rights of the citizens. It is important to note that in the entire supervisory process, three basic criteria and principles, namely the rule of law, judicial independence and impartiality, must always be at the forefront of the work of the relevant institutions in the judiciary; Criteria that each of them depends on appropriate guarantees by the judiciary.