Introduction
In line with Article 40 of the Constitution of the Islamic Republic of Iran, it is explicitly stated that individuals cannot exploit their rights to cause harm or encroach upon public interests. Consequently, both entities governed by public law and private individuals have to provide compensation for any harm resulting from their actions. This article endeavors to explore the topic of compensation for individuals affected by the governmental acts of the Islamic Republic of Iran.
Legal review of civil liability
Governmental Civil Liability: In accordance with Article 11 of the Civil Liability Law, individuals who are employees of the government, municipalities, or affiliated institutions will be held personally liable for damages caused by intentional acts or negligence in the course of their duties. However, if the damages are not caused directly by their actions but are instead attributable to equipment defects within the aforementioned departments or institutions, then the responsibility for compensation lies with the relevant department or institution. Nevertheless, with regard to the exercise of governmental sovereignty, the government shall not be obligated to pay damages if the actions were taken in furtherance of securing social benefits as prescribed by law, even if such actions led to additional losses. This provision (https://rc.majlis.ir/fa/law/show/95202) pertains to the compensation for damages resulting from tenurial acts. The final part of the article establishes exemptions for sovereign acts from liability for damages, provided that two conditions are met. First, the act must have been undertaken for social benefits. Second, the necessity and urgency of the situation must require that the sovereign act be taken into account. Both conditions must be present for the government to be absolved of responsibility (Samani, Shabiri, 2021, p. 92).
Judicial Civil Liability: Article 171 of the Constitution of the Islamic Republic of Iran addresses compensation for damages resulting from the actions of judges. It states that when a judge’s interpretation, a mistake in the matter, ruling, or application of the ruling to a specific case leads to material or moral harm, the judge may be held liable in accordance with Islamic standards, provided the fault is established. Otherwise, the government shall be responsible for compensating the damages, and in all cases, the defendant’s dignity shall be restored (https://www.shora-gc.ir/en/news/87/constitution-of-the-islamic-republic-of-iran-full-text).
In addition, pursuant to Article 255 of the Criminal Procedure Law enacted in 2013: “Individuals who are detained for any reason during preliminary investigations and proceedings, and are subsequently acquitted or prohibited from prosecution by judicial authorities, may invoke Article 14 of the Criminal Procedure Law to seek compensation for the period of detention from the government. (https://shorturl.at/Hcoea) In accordance with Article 259 of the aforementioned law: “Compensation shall be the responsibility of the government under Article 255 of the Criminal Procedure Law, and if the detention resulted from biased accusation, false testimony, or negligence on the part of judicial authorities, the government may claim damages from the primary person responsible for such actions, in addition to providing compensation.” (https://shorturl.at/Hcoea) Therefore, in cases where harm is inflicted upon an individual during the preliminary investigation stage or upon issuance of a decision, the government bears the responsibility for compensating such harm.
Civil liability of the armed forces: In relation to the armed forces, the primary principle holds that their actions constitute acts of sovereignty; nevertheless, various laws have, in a specific and scattered manner contrary to the sovereignty of such actions, mandated compensation by the aforementioned organization. These regulations are as follows:
– Article 13 of the Law on the Use of Weapons by the Armed Forces in Necessary Cases enacted in 1994: “If officers employ weapons in accordance with the provisions of this law and, as a result, innocent individuals are killed or injured or suffer financial damages, the relevant organization shall bear the responsibility for payment of compensation, and the government is obliged to allocate a budget each year for this purpose and provide it to the armed forces, as necessary.” (https://rc.majlis.ir/fa/law/print_version/92500)
– Article 473 of the Islamic Penal Code enacted in 2013: “Whenever an official undertakes an action in alignment with regulations during the performance of legal duties, and said action causes the death or physical injury of a person, the payment of blood money shall be the responsibility of Bayt al-mal.” (https://dotic.ir/news/5271)
– Article 41 of the Armed Forces Crimes Law enacted in 2003: “Any soldier who intentionally engages in gunfire while on active duty or a mission in violation of the rules and regulations shall be subject to imprisonment for a period ranging from three months to one year, in addition to being liable for compensation for damages. Furthermore, if the act results in murder or injury, the offender shall be subject to the prescribed punishment, either Qisas or Diya, depending on the circumstances. If said act falls under the examples set forth in articles (612) and (614) of the Islamic Penal Code enacted in 1996, the offender shall be subject to the specified punishment stated in said articles.
Note 1 – In the event that the shooting was executed in accordance with the applicable regulations, the offender shall be granted immunity from any form of punishment, as well as exemption from the obligation to make ransom payments and compensate for damages. Furthermore, if the victim or injured individual is proven to be blameless and innocent, the requisite ransom amount will be disbursed from the Bayt al-mal. (https://rc.majlis.ir/fa/law/print_version 9488)
Analysis of Civil Liability Cases
Ukrainian plane: On December 18, 2018, Flight 752 of Ukraine International Airlines was mistakenly targeted by a missile launched by the IRGC during Iran’s retaliatory attack against the US military base in Iraq. Tragically, all 176 passengers onboard lost their lives (source: https://shorturl.at/hHqAP). The Islamic Republic of Iran initially submitted a comprehensive report to ICAO within ten months, in accordance with the legal conventions of aviation. Subsequently, a court proceeding was initiated against the individuals responsible for this incident, which is still ongoing. Finally, based on the Chicago Convention and expert analysis, a compensation amount of $150,000 was determined, regardless of nationality, age, or gender (https://shorturl.at/7HLXp).
Notwithstanding the fulfillment of legal obligations by the government of the Islamic Republic of Iran, the Ontario court rendered a judgment stating that the Ukrainian airline company bears the responsibility for providing compensation to the families of the victims of this accident. The court reasoned that the airspace of Iran was on high alert due to the launch of ballistic missiles and the potential for a counterattack in the hours leading up to the flight. This decision was rendered after an eighteen-day trial and concluded in January 2024 (https://www.isna.ir/news/1403032214536/).
Cross-border Labours (Kolbars) Incident: In September 2016, two cross-border labours were shot by military forces. Following this incident, a meeting was convened by a delegation comprising the special inspector of the Minister of Interior, the representative of the office of the Supreme Leader, the police force, and the governor. The families of the victims were also invited to the governor’s office, where full compensation was provided to them. Additionally, five members of the police force involved in the incident were arrested and detained (https://monaghesatiran.ir/32999).
References
Laws and Regulations:
- Constitution: Full text available at https://www.shora-gc.ir/en/news/87/constitution-of-the-islamic-republic-of-iran-full-text (In Persian).
- Criminal Procedure Law approved in 2013: Accessible at https://shorturl.at/Hcoea (In Persian).
- The Law on the Use of Weapons by the Armed Forces in Necessary Cases, approved in 1994: Retrieved from https://rc.majlis.ir/fa/law/print_version/92500 (In Persian).
- Armed Forces Crimes Law approved in 2003: Retrieved from https://rc.majlis.ir/fa/law/print_version 9488 (In Persian).
- The Islamic Penal Code approved in 2012: Available at https://dotic.ir/news/5271 (In Persian).
- Civil Liability Law: Can be found at https://rc.majlis.ir/fa/law/show/95202 (In Persian).
Articles:
- Samani, Ehsan, Vahdati Shabiri, Seyed Hassan, 2021, “Jurisprudential analysis of the government’s civil responsibility towards the harmful actions of the government towards the citizens,” Scientific Quarterly of Modern Administrative Law Research, Vol. 6, pp. 85-192 (In Persian).
Websites:
- Tabnak: Accessible at https://shorturl.at/hHqAP (In Persian).
- ISNA: Can be found at https://shorturl.at/7HLXp4 (In Persian), https://www.isna.ir/news/1403032214536 (In Persian).
- Iran tenders: Available at https://monaghesatiran.ir/32999 (In Persian).
Author: Fatemeh Sadat Mohammadi
