The Realm of the Defendant's Rights in Iran in Compliance with Human Rights Standards

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Nemati Jalil; Naji Zavvareh Morteza; RAHMDEL MANSOOR

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Journal Paper

Paper Information

Journal: DANESH-E-ENTEZAMI Year:2021 | Volume:23 | Issue:1 Page(s): 201-238

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Title

The Realm of the Defendant's Rights in Iran in Compliance with Human Rights Standards

Author(s)

Nemati Jalil | Naji Zavvareh Morteza | RAHMDEL MANSOOR | Issue Writer Certificate

Keywords

Fair trial

Officer

Defendant

Pending trial

Human rights standards

Abstract

Background and objectives: The purpose of this study was to examine the rights of the supervised accused person in Iranian law and its compliance with the Human rights standards contained in international instruments (Universal Declaration of Human Rights and International Covenant on Civil and Political Rights) and to explain the commonalities and differences in order to provide practical solutions and suggestions and eliminate the relevant legal gaps in the Code of Criminal Procedure and bring it closer to Human rights standards. Methodology: In terms of its objectives the present study is of an applied research type and in terms of method it is descriptive-analytic. The data were collected using library and internet resources, the theoretical issues and results of which are presented analytically and descriptively. Findings: Defendant's rights at the present stage, which was less considered by the Iranian legislature in previous criminal procedure laws, due to human rights developments and the achievements of comparative law, have been given more attention in the Criminal Procedure Code of 2013 and with legal provisions such as the right to meet with a lawyer, the right to inform family or acquaintances by telephone or any possible means (from being supervised), the right to be examined by a doctor, etc. Effective steps have been taken to develop the rights of the accused person in order to approximate it with international Human rights standards. So that from now on the stage in question can be considered an integral part of the criminal proceedings; however, this institution still has major problems and many questions are raised in this regard, which have been studied and answered in the present study. Results: The overall result of the study indicates the fact that the Iranian criminal law, especially the Criminal Procedure Code of 2013, has taken great steps to ensure the defense rights of Defendants, especially Defendants under its supervision and compliance with international Human rights standards, but still this stage is officially one that is not accepted from the criminal proceedings and has fundamental objections and ambiguities that need to be amended and revised by the Criminal Procedure Code of 2013 in this area.

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APA: Copy

Nemati, Jalil, Naji Zavvareh, Morteza, & RAHMDEL, MANSOOR. (2021). The Realm of the Defendant's Rights in Iran in Compliance with Human Rights Standards. DANESH-E-ENTEZAMI, 23(1 ), 201-238. SID. https://sid.ir/paper/958363/en

Vancouver: Copy

Nemati Jalil, Naji Zavvareh Morteza, RAHMDEL MANSOOR. The Realm of the Defendant's Rights in Iran in Compliance with Human Rights Standards. DANESH-E-ENTEZAMI[Internet]. 2021;23(1 ):201-238. Available from: https://sid.ir/paper/958363/en

IEEE: Copy

Jalil Nemati, Morteza Naji Zavvareh, and MANSOOR RAHMDEL, “The Realm of the Defendant's Rights in Iran in Compliance with Human Rights Standards,” DANESH-E-ENTEZAMI, vol. 23, no. 1 , pp. 201–238, 2021, [Online]. Available: https://sid.ir/paper/958363/en

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