فهرست مطالب

Islamic Studies on Human Rights and Democracy - Volume:2 Issue: 1, 2019
  • Volume:2 Issue: 1, 2019
  • تاریخ انتشار: 1398/05/07
  • تعداد عناوین: 11
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  • Hossein Mir Mohammad Sadeghi* Pages 3-5
  • Mohammad Ali Ardebili* Pages 9-15

    At the early stages of the formation of human developed societies, penal reactions to political crimes were mainly within the protection sphere provided for the sovereign as the first representation of public sovereignty. Defending collective interests was the main reason on which the survival and continuity of societies were depended. In the sense that the concept of political crime finds its meaning in interaction between the sovereignty and individual freedoms; it is considered a relative and changing notion; which means the more the scope of public liberties extend, the more possible circumstances related to committing crimes will reduce. The present article has provided a brief but inclusive historical background of the evolution of political crime, the manner in which the political criminals were treated and punished by the authorities and the current approaches taken by states toward it.

    Keywords: Political Crime, Political Criminal, Sovereignty, Individual Freedoms, PublicLiberties
  • Hossein Mehrpour* Pages 21-27

    Prior to the Bill Defining „Political Crimes‟, passed on January 24, 2016 by the Islamic Consultative Assembly (Iran‟s Parliament), the term "political offenses" was never defined in Iran legal sphere, as a jurisdiction based on Islamic legal tradition. Although there was no definite and exact definition for political crime; obviously the word means any acts against the law done by the individuals in opposition to the government; with the aim of reform or overthrow of the governing power. The title “political crime” is reflected within the Iran Constitution and some ordinary laws with imposing effects, though no definition is provided for. This article has provided a background of political crime in Islamic legal thought, since it is a necessary step in the process of understanding this phenomenon with regard to Islamic jurisprudence. The following sections are descriptions and analysis of the most relevant features of political crime concept in Iran legal system.

    Keywords: Political Crime, Islamic Legal Tradition, Iran Legal System, Islamicjurisprudence
  • Hossein Mir Mohammad Sadeghi* Pages 33-40

    Political crimes have been regarded throughout the history as any offences against the structure of power, whether political or ideological, in a given society. Despite the significance effects of these criminal acts on the order system, they are rarely examined by law scholars; though some recognize the fact that understanding these types of crime is fundamental to comprehending one of the main features of a criminal justice system that attempts to define what is criminal act, what are elements of criminal act and who are criminals. In earlier times, under the early penal laws, political crimes (as the oldest of all crime-types) were treated more severely than the ordinary crimes as the crimes targeting the basis of the government; nevertheless, gradually the approach toward political crimes changed. Within the present paper, the author will examine the ambiguity surrounding the definition of political crime in the introductory section, also the criteria to define a comprehensive definition. Then, it provides an all-inclusive but brief analysis of the background of political crime in Iran legal system, with an emphasis on the most striking features of Iran’s Penal Code as adopted in 2016.

    Keywords: Political Crime, Iran Legal System, Criminal Justice System, Elements ofCrime
  • Ghassem Mohammadi* Pages 47-52

    Political crime is regarded to be a recent term introduced in Iran simultaneously with the Constitutional Revolution (Mashrooteh). Despite the fact that the duty to define and the determination of its instances was left to the ordinary law by the constitution, the task was not accomplishing till the law of political crime in 2016 due to various reasons. The relation between political crime and the tradition of Islamic jurisprudence (Fiqh) was considered to be a significant issue after the Islamic Revolution 1979 in Iran and the adoption of the Constitution of Islamic Republic of Iran. Some scholars have ascribed the political crime to the well-known Islamic jurisprudential concepts of Islamic prescribed punishments (Had/Hudud) and discretionary punishments (Ta'zir/Ta'zirat), while other have opposed to the recognition of political crime through this kind of ascription to the rules of Hudud and foreseeable overlapping issues. It appears there can opt a way to recognized the political offence as a crime along with other crimes and as a Ta'zir crime through the analysis of the elements of Hudud crimes. 

    Keywords: Political crime, Revolt (Bāqy), Waging war against God (Muḥāribah), Spreading corruption on Earth (Efsad-e fil-Arz), Rights of political opponents, Right to political participation, Exercise of sovereignty
  • Mehrdad Rayejian Asli* Pages 59-67

    Terrorism is one of the most serious phenomena of concern to many countries as well as to the international community as a whole at least during last decades. In the meanwhile of its several characteristics, including the element of violence and the nature of perpetrators, to protect the victims of terrorism is a major issue discussed here as a social concern. Thus, the main question is to ask “why protecting victims of terrorism needs to be described as a social concern?” Despite of the international efforts whether at the global level, esp. within the United Nations system, or at the regional one, e.g. within the European system, the present article concludes that this group of victims still face challenges to obtain adequate remedy and redress similar to other groups of victims of crime and abuse of power.

    Keywords: Victim, Terrorism, Protection, United Nations, Social Concern
  • Majid Bozorgmehri* Pages 73-90

    In an inclusive examination of documents and basic principles of international cooperation, one might find that the improvement of human rights in a given country takes place as a result of several underlying measures such as: ratification of basic international human rights instruments, cooperation with the UN human rights mechanisms, legislative reforms and capacity building in the country and finally structural reforms to the benefit of human rights. Since the Islamic Revolution in 1979, Iran has been the target of extensive criticism by international human rights NGOs and U.N. human rights. The purpose of the analysis that follows is two-fold: first, this article seeks to provide a brief overview of positions taken by Human Right Council (HRC) and Commission of Human Rights (CHR) in UN. Second it aims to elaborate the Iran`s positions towards them. Finally the article tries to analyze that how much human rights bodies of UN have been successful in progress of Human Rights Standards in the Iranian legislations and policies. The Iranian Perspective, based on HRC`s documents, is elaborated too. The contextual analysis is selected as the methodology and to be documented is one of the main priorities of the work. For presenting an undisputable analysis, the official sites and documents are consulted.

    Keywords: Human Rights, Iran, Human Rights Council, United Nations, Islamic World
  • Maryam Ghanizade Bafghi* Pages 103-108

    Although the Convention on the Rights of the Child (CRC), which was ratified by the Iranian parliament in March 1994, had a paramount role in considering children‟s interests, the notion of the Best Interest of the Child (BIC) was not entered in the Iranian legal system by then. BIC is more recognized in the Imamiah jurisprudence which is the base of the legal system, as Ghebta which is a golden key in the decisions concern to the children. It seems that joining the convention and assigning Article 3 to the best interest of the child has promoted its usage and applications in the law and the precedent. Principle 21 of the Constitution, Articles 1041, 1169, 1184 of Civil Code, Articles 88, 354 of Islamic Penal Code and Articles 29, 41, 42, 43, 45 Family Protection Act are notable samples of this application. Besides, Family judges nowadays take decisions based on BIC more than before. However, the ambiguity of the BIC and diversity of the interpretations used by the courts have made malfunctions in the system and in some occasions have led to contradictory decisions in the same situations. Here, in the first step, we are going to clear the BIC by reviewing Islamic scholar‟s views and determining the criteria by considering it in the growth levels. The second step will be BIC status in the Iranian Legal system and the precedent. This study showed that the fluidity of the BIC should not cause insufficiency and at least we need general criteria based on the growth levels.

    Keywords: Best Interests of the Child, Criteria, Iranian Legal System, Judicial Cases
  • Ali Ghasemi*, Morteza Gharasban Pages 113-126

    Social justice has been described in various areas; one of the most important of these areas is the realization of judicial justice. Democratic and democratic governments, based on the will and opinion of the people, are formed and run in pursuit of the implementation of judicial justice as one of the essential means for the realization of social justice in society. The Islamic Republic of Iran, as a democratic and religious system, has been pursuing justice since its inception. Now and after four decades of the Islamic Revolution, the pathology of the realization of social justice in the judicial field is essential. Therefore, this paper seeks to achieve judicial justice in the field of judging and dealing with opponents and criminals, and addresses the problems and solutions to these problems. Based on the findings of this study, the status of the performance of the system in the field of the realization of judicial justice reveals that the most important problems and injuries are in the way of judging, the process of prosecution, the type of dealing with people and financial corruption, and the basic solution of its exit, transparency, supervision and Changes in the judicial system. This research is a descriptive-analytical method that describes the damages of the realization of judicial justice and its correction mechanism.

    Keywords: justice, social justice, Judicial Justice, Constitution of Islamic Republic ofIran, Judgment
  • Behzad Razavifard*, Mehraban Bolourian Pages 137-146

    Public opinion is regarded as one of the main factors determining the severity of actions taken by the judiciary towards criminals. Its role is also being emphasized in the criminal policy, either criminalization, penalization or sentencing. Negative consequences of death penalty, especially its brutalization effect on society, numerous international conventions related human rights and considerable public opposition to the capital punishment by reason of its ineffectiveness as a deterrent factor have caused some challenges on the national and international levels. Based on “Death Sentences and Executions Report by Amnesty International (2019), Iran remains as the fourth executing country within the Middle East and North Africa particularly for drug-related crimes. The situation has made it imperative to revise and amend the current approach. The present article is based on the field research and interview with jurists/lawyers, judges of Islamic Revolutionary Court, psychologists, peoples and families of the executed persons. The results show that the capital punishment for drug-related crimes (75 percent of the total recorded executions) doesn't have a deterrent effect and has not decreased these crimes’ rate. Additionally, it has been revealed that these crimes are rooted in socio-economic issues that could be tackled through improving employment rate, the eradication of poverty, also with quality education and skills training. Furthermore, from the public viewpoint, replacing alternative sanctions to capital punishment, it not only reduces the risk of recidivism but also contributes to their rehabilitation and social reintegration. According to the survey conducted for this paper, the death penalty is considered to be against human rights and thus, other alternatives have been proposed based on a constructive approach to this issue.

    Keywords: Death Penalty, Drug Crimes, Public Opinion, Iran Criminal Law
  • Hossein Mir Mohammad Sadeghi* Pages 155-167