The judiciary is an independent power, the protector of the rights of
the individual and society, responsible for the implementation of justice,
and entrusted with the following duties:
In order to fulfil the responsibilities of the judiciary power in all
the matters concerning judiciary, administrative and executive areas, the
Leader shall appoint a just Mujtahid well versed in judiciary affairs and
possessing prudence. and administrative abilities as the head of the judiciary
power for a period of five years who shall be the highest judicial authority.
The head of the judiciary branch is responsible for the following:
The courts of justice are the official bodies to which all grievances
and complaints are to be referred. The formation of courts and their jurisdiction
is to be determined by law.
The Minister of Justice owes responsibility in all matters concerning
the relationship between the judiciary, on the one hand, and the executive
and legislative branches, on the other hand. He will be elected from among
the individuals proposed to the President by the head of the judiciary
branch. The head of the judiciary may delegate full authority to the Minister
of Justice in financial and administrative areas and for employment of
personnel other than judges in which case the Minister of Justice shall
have the same authority and responsibility as those possessed by the other
ministers in their capacity as the highest ranking government executives.
The Supreme Court is to be formed for the purpose of supervising the
correct implementation of the laws by the courts, ensuring uniformity of
judicial procedure, and fulfilling any other responsibilities assigned
to it by law, on the basis of regulations to be established by the head
of the judicial branch.
The chief of the Supreme Court and the Prosecutor-General must both
be just mujtahids well versed in judicial matters. They will be nominated
by the head of the judiciary branch for a period of five years, in consultation
with the judges of the Supreme Court.
A judge cannot be removed, whether temporarily or permanently, from
the post he occupies except by trial and proof of his guilt, or in consequence
of a violation entailing his dismissal. A judge cannot be transferred or
redesignated without his consent, except in cases when the interest of
society necessitates it, that too, with the decision of the head of the
judiciary branch after consultation with the chief of the Supreme Court
and the Prosecutor General. The periodic transfer and rotation of judges
will be in accordance with general regulations to be laid down by law.
Trials are to be held openly and members of the public may attend without
any restriction; unless the court determines that an open trial would be
detrimental to public morality or discipline, or if in case of private
disputes, both the parties request not to hold open hearing.
The verdicts of courts must be well reasoned out and documented with
reference to the articles and principles of the law in accordance with
which they are delivered.
The judge is bound to endeavor to judge each case on the basis of the
codified law. In case of the absence of any such law, he has to deliver
his judgement on the basis of authoritative Islamic sources and authentic
fatawa. He, on the pretext of the silence of or deficiency of law in the
matter, or its brevity or contradictory nature, cannot refrain from admitting
and examining cases and delivering his judgement.
Political and press offenses will be tried openly and in the presence
of a jury, in courts of justice. The manner of the selection of the jury,
its powers, and the definition of political offenses, will be determined
by law in accordance with the Islamic criteria.
No act or omission may be regarded as a crime with retrospective effect
on the basis of a law framed subsequently.
Judges of courts are obliged to refrain from executing statutes and
regulations of the government that are in conflict with the laws or the
norms of Islam, or lie outside the competence of,the executive power. Everyone
has the right to demand the annulment of any such regulation from the Court
of Administrative Justice.
Whenever an individual suffers moral or material loss as the result
of a default or error of the judge with respect to the subject matter of
a case or the verdict delivered, or the application of a rule in a particular
case, the defaulting judge must stand surety for the reparation of that
loss in accordance with the Islamic criteria, if it be a case of default.
Otherwise, losses will be compensated for by the State. In all such cases,
the repute and good standing of the accused will be restored.
Military courts will be established by law to investigate crimes committed
in connection with military or security duties by members of the Army,
the Gendarmerie, the police, and the Islamic Revolution Guards Corps. They
will be tried in public courts, however, for common crimes or crimes committed
while serving the department of justice in executive capacity. The office
of military prosecutor and the military courts form part of the judiciary
and are subject to the same principles that regulate the judiciary.
In order to investigate the complaints, grievances, and objections of
the people with respect to government officials, organs, and statutes,
a court will be established to be known as the Court of Administrative
Justice under the supervision of the head of the judiciary branch. The
jurisdiction, powers, and mode of operation of this court will be laid
down by law.
In accordance with the right of the judiciary to supervise the proper conducting of affairs and the correct implementation of laws by the administrative organs of the government, an organization I will be constituted under the supervision of the head of the judiciary branch to be known as the National General Inspectorate. The powers and duties of this organization will be determined by law.