Iran

Constitutional Provisions

Under the 1979 Constitution of the Islamic Republic of Iran (as amended through 1989), 

The dignity, life, property, rights, residence, and occupation of the individual are inviolate, except in cases sanctioned by law.Art. 22, 1979 Constitution of the Islamic Republic of Iran (as amended).

According to Article 27, "Unarmed assemblies and marches may be freely organized, provided that no violation of the foundations of Islam is involved." Article 38 prohibits all forms of torture "for the purpose of extracting confession or acquiring information".

By virtue of Article 172:

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. 

 The Constitution does not otherwise regulate the actions of law enforcement agencies.

Treaty Adherence

Global Treaties

Regional Treaties

There is no regional Asian human rights treaty to which Iran could become party.

National Legislation

Police Use of Force

Several agencies share responsibility for law enforcement in Iran. The police force of Iran is called the Law Enforcement Force (NAJA).  This unified force resulted from the merger of the three historical Iranian law enforcement forces: the police, the gendarmerie and the “committees”. Various policing duties are conducted by different branches of the NAJA, such as the Prevention Police, the Intelligence and Public Security Police, and the Cyber Police. The security forces under the Ministry of Interior report to the president, while a branch of the military, the Islamic Revolutionary Guard Corps (IRGC), reports directly to the Supreme Leader of Iran. The Basij, a volunteer paramilitary group with local organizations across the country, sometimes acts as an auxiliary law enforcement unit subordinate to military IRGC forces.

The NAJA as a whole is governed by its own regulations and is subject to the “Law on the Use of Weapons by the Armed Forces Officers in Necessary Cases”. A revised version of Iran's Penal Code was implemented from early 2013 for an experimental period of five years. According to Article 157 of this Code, resistance against police forces and other law enforcement officials whilst performing their duties shall not be considered a defence unless these forces exceed the scope of their duties and there is a legitimate fear that their actions may cause death or injury or violation of bodily integrity.

Police Oversight

There is no independent police oversight body in Iran.

Caselaw

Global

Views and Concluding Observations of United Nations Treaty Bodies

In 2023, in its Concluding Observations on Iran, the Human Rights Committee was concerned by "several reports about the continued pattern of excessive use of force employed by security forces in the context of peaceful assemblies". The Committee was concerned by "credible reports that, during the largely peaceful protests that followed the death of Mahsa (Jina) Amini in September 2022, security forces intentionally used disproportionate and lethal force, which reportedly resulted in the deaths of more than 550 protesters, including at least 68 children." The Committee was further concerned by the

apparent lack of independent, impartial and transparent investigations into deaths and injuries following incidents of excessive and lethal use of force and firearms by law enforcement officers, by the lack of prosecution of, and sanctions handed down to, perpetrators and by the lack of remedies for victims, which create a de facto climate of impunity. The Committee is also concerned by the death of Ms. Amini, who, according to credible reports, was beaten while in the custody of the morality police. 

It called upon the authorities to:

Ensure that provisions governing the use of force are in line with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, and the Committee’s general comment No. 36 (2018), which requires that the use of lethal force by law enforcement be resorted to only when strictly necessary in order to protect life or prevent serious injury from an imminent threat; and provide training based on these principles and guidelines.

It reiterated its concern about 

the continuing credible reports of widespread and systemic practice of torture and ill-treatment of persons deprived of liberty by law enforcement officials and members of the Islamic Revolutionary Guard Corps in formal and informal detention centres. The Committee is concerned by reports of torture and ill-treatment carried out to extract confessions during investigations, and that that those confessions are later presented as evidence in court, including in cases involving the death penalty.

In 2016, in its Concluding Observations on Iran, the Committee on the Rights of the Child expressed its deep concern 

at the widespread discrimination against children from ethnic minorities, such as the Ahwazi Arab, Azerbaijani Turkish, Baloch and Kurdish minorities. It is particularly concerned about the reports of targeted arrests, detention, imprisonment, killing, torture and execution of members of such groups by law enforcement and judicial authorities. 

The Committee urged the authorities "to ensure that reports of unlawful arrests, detention, imprisonments, killings, torture and executions targeted against members of minority groups, including children, are promptly investigated and the perpetrators are held accountable".

Views of Civil Society 

In April 2020, Amnesty International reported that around 36 prisoners in Iran were feared to have been killed by security forces after the use of lethal force to control protests over COVID-19 safety fears. 

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