Introduction
In the international law system, torture is absolutely and unequivocally prohibited. The convention against torture confirms this. The system of the Islamic Republic of Iran has also specified the absolute prohibition of torture in various laws, which we will discuss further:
The Constitution of Iran
Article 38 of the Constitution prohibits torture. This Article states: “All forms of torture for the purpose of extracting confession or acquiring information are forbidden. Compulsion of individuals to testify, confess, or take an oath is not permissible; and any testimony, confession, or oath obtained under duress is devoid of value and credence. Violation of this article is liable to punishment in accordance with the law.” (https://www.shora-gc.ir/en/news/87/constitution-of-the-islamic-republic-of-iran-full-text)
Other articles of the constitution including articles 22, 23, 32, 36, 37, and 39 also implicitly consider the prohibition of torture. For example, Article 22 of the Constitution states: “The dignity, life, property, rights, residence, and occupation of the individual are inviolate, except in cases sanctioned by law.” (Ibid.) In this article, the constitution does not directly state the prohibition of torture, but since torture, whether physical or mental, damages a person’s dignity and reputation in society, it can be said that this article also refers to the prohibition of torture. (Heydaripouri, Mirabbasi, Asgarkhani, 2020: p. 173)
The Islamic Penal Code
Following the constitution, this law also acknowledges the invalidity of confessions caused by harassment persecution, and torture, and states in Article 169: ” Any confession made under duress, coercion, torture, and/or mental or physical harassment and molestation shall have no value and credit; and the court shall interrogate the accused, again.” (https://sherloc.unodc.org/cld/uploads/res/islamic-penal-code_html/Islamic_Penal_Code.pdf?fbclid=IwAR0AeG3OsCunXnjig7RKORBbyjCWZPyHuf2Imc750GsZ5CqHucLGedxeMNo)
Also, in Article 218 of this law, on the topic of Fixed Corporal Punishments, it is stated: “As regards the crimes punishable by fixed corporal punishment, where the perpetrator alleges lack of knowledge or malice on his or her part, or existence of any of the barriers to criminal liability at the time of perpetration of the crime, should there be a probability that her/his statement might have been right, and should he or she allege that her/his confession was obtained by threat, intimidation or torture, the said allegation shall be accepted, without requiring production of evidence or oath swearing.
Note 1- As regards the crimes of rebellion against God and corruption on earth, and in respect of crimes against chastity accompanied by violence, coercion, abduction or deceit, mere allegation shall not cause fixed corporal punishment to be quashed; and the court shall be required to examine the matter and to conduct investigation.
Note 2- Confession will be credible under the divine law if made before a judge in court. (Ibid.)
Therefore, as we can see in the Islamic Penal Code, a confession accompanied by torture and harassment is invalid and the court cannot cite it as a reason.
In addition to the invalidity of the confession caused by torture, the legislator has also considered punishment for the torturer. So that in Article 578 of the Punishment section of this law states: ” Any judicial or non-judicial government employee and official who physically harasses the accused to force him to confess will be sentenced to imprisonment for six months to three years, in addition to retribution or payment of ransom according to the case. If someone has given an order in this regard, only the one who gave the order will be sentenced to the said imprisonment. If the accused dies due to harassment, the torturer will face the punishment of a murderer, and the one who ordered the torture will face the punishment of the one who ordered the murder.” (Mousavi, 2018: p. 236)
The Executive By-law of the Organization of Prisons and Security and Educational Measures of Iran
This by-law, which was approved by the judicial system in Iran in 2022, explicitly and transparently prohibits any torture (both mental and physical). In article 108 of this by-law, it is stated that: “Committing bad behavior, such as resentment, insulting behavior and speech, and any kind of mental and physical torture by the staff of the institution towards the prisoners is absolutely prohibited, and depending on the case, it can lead to disciplinary, law enforcement or criminal prosecution of the offender.” (https://rc.majlis.ir/fa/law/show/1661504 – in Persian)
The Judicial Security Document
The purpose of this document, which was approved in 2020, is to achieve judicial security and protect the dignity, life, property, and all material and spiritual affairs of individuals. In Article 20 of this document, under the title “Absolute Prohibition of Torture and Humiliating Behaviors”, it is stated: “Suspects, accused, witnesses and informants should not be exposed to inhuman or humiliating behaviors in any way. Any physical or mental torture, coercion to confess or testify or provide information, verbal or practical insults, humiliation, verbal or physical violence, sexual harassment or to dishonor and disrepute the mentioned persons in any way, as well as any threats, pressure, and the restriction on the person himself or the family and relatives of the above persons are absolutely prohibited under any circumstances. The results therefore cannot be cited by judicial authorities. The behaviors as mentioned above towards people sentenced to prison or imprisoned or exiled beyond the judicial verdict are prohibited and punishable. (https://rc.majlis.ir/fa/law/show/1623986 – in Persian)
The Code of Criminal Procedure
One of the rights of the accused, which is foreseen in Article 190 of the Code of Criminal Procedure, is the right to access to a lawyer; In this way, the lawyer can supervise the process of the case and the interrogations as a supervising member and reflect and document his possible criticisms of the client’s situation, the way he is treated and the type of questions of the interrogator in the case. One of the tools that help the lawyer to document the evidence is the video recording of the interrogation. Recording the interrogation phase greatly reduces the possibility of torture during interrogation; Because the interrogator knows that all his actions are being recorded.
Conclusion
As seen, there are many guarantees for the prohibition of torture in the Iranian legal system. The range of these guarantees covers from the constitution to the most detailed laws and regulations of Iran.
References
- Rules:
1- The Constitution of Iran
2- The Islamic Penal Code of Iran
3- The Executive By-law of the Organization of Prisons and Security and Educational Measures of Iran
4- The Judicial Security Document of Iran
5- The Code of Criminal Procedure of Iran
- Books:
1- Mousavi, Seyyed Reza, and Mousavi, Seyyed Akbar (2018), Islamic Penal Code approved in 2013, 8th edition, Tehran: Hezarrang. (in Persian)
- articles:
1- Heydripour, Maryam, Mirabbasi, Seyed Baqer, Asgarkhani, Abu Mohammad (2020), “Reviewing the guarantees against torture in international human rights documents and comparing it with Iranian laws and regulations”, Comparative Law Research Journal, Vol. 1, pp. 157-184 (in Persian)
