The Position of Individual and Group Freedoms in the Iranian Criminal Justice System and the Challenges Ahead

Abstract

The aim of this study was to examine and clarify the position of individual and group freedoms in the Iranian criminal justice system and the challenges faced. Individual and group freedoms are fundamental principles of human rights that hold a special place in the legal and criminal systems of modern societies. In these legal and criminal systems, these principles are considered as a foundation for legislation and the administration of justice. Respect for these freedoms ensures active citizen participation in social and political affairs and prevents repression and discrimination. In the Iranian criminal justice system, these freedoms are defined within the framework of Islamic principles and positive law, as emphasized in key documents such as the Constitution and the Islamic Penal Code. However, the implementation and guarantee of these freedoms face numerous challenges. This article, with an analytical approach, examines the position of individual and group freedoms within the Iranian criminal justice system and addresses challenges such as the conflict between individual rights and public interests, legal restrictions resulting from narrow interpretations of laws, and the influence of political and social considerations on the judiciary. Additionally, the role of supervisory and judicial institutions in maintaining a balance between safeguarding public security and respecting citizens' freedoms is discussed. The results indicate that one of the significant challenges is the restrictive interpretation of criminal laws regarding freedoms, particularly in articles related to national security and political and cultural offenses. Ambiguities in concepts such as "action against national security" or "spreading falsehoods" also lead to extra-legal limitations. Political and cultural structures, by influencing the criminal justice system, sometimes reveal a conflict between traditional and modern values or political party differences, resulting in unequal application of freedoms. The weakness of independent and effective judicial oversight, as well as the uncoordinated performance of executive bodies such as law enforcement and the judiciary, also contributes to violations of citizens' rights. Finally, a lack of public awareness of civic rights limits the practical space for freedoms.