Ali AghaBabaei Bakhshayesh; Batoul Pakzad; Mohammadali Mahdavi sabet; mansour rahmdel
Abstract
According to the Iranian Code of Penal Procedure (2013), as welcomed by most jurists, as soon as he/she is acquitted or discharged, any defendant detained in the course of the pretrial investigation and/or trial, is principally deemed to deserve compensation from the State. Notwithstanding the positive ...
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According to the Iranian Code of Penal Procedure (2013), as welcomed by most jurists, as soon as he/she is acquitted or discharged, any defendant detained in the course of the pretrial investigation and/or trial, is principally deemed to deserve compensation from the State. Notwithstanding the positive effects of the said initiative of the legislator, which have been sufficiently underlined, it is generally overlooked that Iran/s international obligation is not paying compensation to “innocent” defendants. Rather the obligation provided in the International covenant on Civil and Political Rights is to guarantee reparation for victims of illegal arrest or detention, whether or not they are found guilty of any offence. Underlining the difference between the test of “innocent defendant” on the one hand and the test of “victim of illegal detention” on the other, the article examines both the positive effects and particularly the deficiencies of the current legislation. We find that the current test and applicable procedure of reparation should be revised and the legislator needs to reconsider its position about the strict liability of the state, notwithstanding unrealistically permitting it to sue the faulty party in the detention after paying compensation
