Fair trial, as a fundamental human right, safeguards individual rights and freedoms while ensuring the legitimacy of the criminal justice system. It encompasses a set of procedural and substantive guarantees including the presumption of innocence, equality of arms, judicial impartiality, public hearings, access to counsel, and the right to be informed of charges, all grounded in human dignity and the rule of law. Using a descriptive-analytical approach and based on the review of statutory provisions, Islamic jurisprudential sources, and legal scholarship, this study explored the principles of fair trial within Iran’s criminal procedure system, examined their status, and analyzed existing implementation challenges. The findings revealed that although the Constitution of the Islamic Republic of Iran and the Criminal Procedure Code of Iran formally recognize many fair trial components, their practical enforcement is hindered by structural deficiencies, insufficient professional training for judicial police and judges, social and political pressures on the judicial process, and entrenched traditional crime-control attitudes. Moreover, Iran’s legal aid mechanisms remain inadequate, and oversight over judicial authorities is weak. It is therefore recommended to reform procedural laws, institutionalize continuous human rights training for judicial authorities and law enforcement, strengthen independent oversight mechanisms, and expand legal aid services to ensure effective defense for defendants. Implementing these reforms would enhance the legitimacy and efficiency of the criminal justice system and strengthen public trust in the judiciary.
Keywords:
Fair trial, Human dignity, Rule of law, Defendants’ rights, Iranian criminal justice systemAbstract
Fair trial, as a fundamental human right, safeguards individual rights and freedoms while ensuring the legitimacy of the criminal justice system. It encompasses a set of procedural and substantive guarantees including the presumption of innocence, equality of arms, judicial impartiality, public hearings, access to counsel, and the right to be informed of charges, all grounded in human dignity and the rule of law. Using a descriptive-analytical approach and based on the review of statutory provisions, Islamic jurisprudential sources, and legal scholarship, this study explored the principles of fair trial within Iran’s criminal procedure system, examined their status, and analyzed existing implementation challenges. The findings revealed that although the Constitution of the Islamic Republic of Iran and the Criminal Procedure Code of Iran formally recognize many fair trial components, their practical enforcement is hindered by structural deficiencies, insufficient professional training for judicial police and judges, social and political pressures on the judicial process, and entrenched traditional crime-control attitudes. Moreover, Iran’s legal aid mechanisms remain inadequate, and oversight over judicial authorities is weak. It is therefore recommended to reform procedural laws, institutionalize continuous human rights training for judicial authorities and law enforcement, strengthen independent oversight mechanisms, and expand legal aid services to ensure effective defense for defendants. Implementing these reforms would enhance the legitimacy and efficiency of the criminal justice system and strengthen public trust in the judiciary.
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