Document Type : Article
Author
Assistant Prof, Department of Law, Urmia Branch, Islamic Azad University, Urmia, Iran
Abstract
Despite the importance and undeniable place of the principle of public trial in human rights and domestic law, its realization still remains one of the concerns of the Iranian judicial system. The reason must be sought in the obstacles and challenges that prevent the implementation of this important principle. Given that the theoretical and legal barriers to the establishment of this principle have been examined in previous studies, the present paper, using a descriptive-analytical method, will examine some of the other barriers to the the principle, including religious, judicial, structural and cultural ones. The findings of the study will show that due to its sharia basis and lack of contrary jurisprudence, no religious barrier to the principle of public trial in criminal proceedings can be conceived. In addition, by reforming judicial procedures and structures, appropriate oversight of judges, allocating the funds needed to rebuild the courts system, creating the appropriate cultural context and providing public education, systemic and cultural barriers to public trilas can be removed.
Keywords
- A) Books
- Agriculture, Abbas (2010), Civil Procedure, Tehran, Daneshpazir Publications.
- Deputy of Judiciary Education, (2009), Human Rights, Qom, first edition, Judiciary Publishing.
- Fazaeli, Mostafa (2013), Fair Trial, International Criminal Trials, Tehran, Shahrdanash Publications (In Persian).
- Goodarzi Boroujerdi, Mohammad Reza (2006), Judicial Criminal Policy, Legal Deputy and Judicial Development of the Judiciary, Center for Judicial Development Studies, Second Edition, Salsabil Publications, Tehran (In Persian).
- Hadavand, Mehdi & Jam, Farhad (2011), Employers' Dispute Resolution Law System with Social Security Organization, Tehran, Jangal Publications (In Persian).
- Hashemzadeh Harisi, Hashem (2005), Discourses in Applied Basic Law, Tehran, Mizan Publishing (In Persian).
- Lotfi, Assadollah (2010), Fundamental Rights and the Structure of the Islamic Republic of Iran, Tehran, Javadaneh Publications, Jangal (In Persian).
- Mehrpour, Hossein, (2008), Summary of the Constitutional Law of the Islamic Republic of Iran, Tehran, Dadgostar Publishing (In Persian).
- Nevberger, Lord (2012), open Justice unbound, center for Law, Justice and Journalism)CLJJ(city university, London.
- Qala-e-Ji, Mohammad Rawas (1406), AH, Encyclopedia of Fiqh Ali Ibn Abi Talib, Beirut, Dar al-Ma'rifah (In Persian).
- Sabri, Noor Mohammad (2005), Jury - Comparative Study, Tehran, Mizan Publishing (In Persian).
- Saferling, Christoph .J. M, (2001), Towards an international criminal procedur, First published, oxford university press, New York.
- Sangalji, Mohammad (2005), Judiciary in Islam, Tehran, University of Tehran Press (In Persian).
- Stepniak, Daniel (2014), The Theraepuetic value of open Justice, Law school, The University of western Australia
- The entire cultural affairs and public relations of the Islamic Consultative Assembly (1985), the detailed form of the deliberations of the Assembly, the final review of the Constitution of the Islamic Republic of Iran, Tehran, Vol. III.
- United Nations Office on Drugs and Crime (UNODC), (2014), Guide to Strengthening Judicial Health and Empowerment, Translated by: Dr. Hassan Vakilian, Tehran, Judiciary Press and Publications Center.
- B) Articles
- Amid Zanjani, Abbas Ali & Tavakoli, Mohammad Mehdi (2007), "Islamic human rights and the inherent dignity of man in Islam", Law Quarterly, Journal of the Faculty of Law and Political Science, Vol. 37, No. 4 (In Persian).
- Ansari, Baqer, (2011), "Comparative study of the media's right of access to trials and judicial information", Law Research Quarterly, Year 13, No. 35 (In Persian).
- Asgari, Alireza & Ameri Siahoui, Mostafa (2015), "Evidence of the validity of ijtihad in the judge and their critique", Quarterly Journal of Islamic Jurisprudence and Law, Year 11, No. 39 (In Persian).
- Dehghani, Ali, (2009), "Judge Independence in the Iranian Judicial System in the Light of Legislative Developments", Journal of Legal Research, No. 15.
- Fakhr, Hossein and Hajipour Kondrood, Ali (2011), "The principle of publicity of trials and obstacles to its realization in Iranian law", Journal of the Faculty of Humanities and Social Sciences, University of Tabriz, No. 33-32 (In Persian).
- Fazaeli, Mostafa, (2014), "The position of the principles of fair trial in human rights and Islamic jurisprudence", Quarterly Journal of Islamic and Western Law Research, First Year, No. 1 (In Persian).
- Ghasemi Kahriz Sangi, Razieh & Farajiha, Mohammad (2015), "The Challenge of Justice and Efficiency in the Discourse of Criminal Management with Emphasis on Iranian Law", Teachings of Criminal Law, Razavi University of Islamic Sciences, No. 9 (In Persian).
- Hajipour Kondrood, Ali, Hashemi, Seyed Mohammad, Yavari, Assadollah, Jalali, Mohammad (1398), "Reflections on Obstacles to the Principle of Publicity of Trials in Iranian Law", Quarterly Journal of Public Law Studies, Volume 49, Number 4 (In Persian).
- Javid, Mohammad Javad & Shahmoradi, Esmat (2015), "Media Commitment to Judicial Transparency", Public Law Research Quarterly, Year 17, No. 47 (In Persian).
- Khaleghi, Ali (2004), "Publicity of Trial in the Light of International Documents and Domestic Law", Journal of Legal Research, Third Year, No. 5 (In Persian).
- Masti, Mehran and Fallahi, Abolghasem (2010), "A Look at Citizenship Rights with Emphasis on Judicial Aspects", Journal of the East Azarbaijan Bar Association, Year 6, Nos. 17 and 18 (In Persian).
- Meining, Bob (1998), Public hearing, when and how to hold them, www. Mrst. Org.
- Moazenzadegan, Hassan Ali (2000), "Principles of Criminal Procedure from the Viewpoint of Imam Ali (AS)", Mesbah Quarterly, Year 9, No. 34 (In Persian).
- Mohaghegh Damad, Seyed Mostafa (2011), "Developments of Shiite Ijtihad; Schools, domains and methods (5), ijtihad on the axis of justice and human dignity”, Journal of Legal Research, Faculty of Law, Shahid Beheshti University, No. 56 (In Persian).
- Moradi Hassanabad, Mohsen (2014), "Television coverage of the criminal proceedings", Journal of Justice, Year 87, No. 87 (In Persian).
- Mousavi Bojnourdi, Seyyed Samad & Rouhani, Somayeh (2012), "Characteristics of Judicial Justice from the Perspective of Amir al-Momenin Ali (AS) with an Approach to Imam Khomeini (AS)", Matin Research Journal, Vol 14 (In Persian).
- Movahedi Moheb, Mehdi (2009), "Judge's ijtihad in the Iranian judicial system", Journal of the Study of Islamic Jurisprudence and Law, Vol. 1, Number 1 (In Persian).
- Najafi Tavana, Ali (2010), "Conflict and Obstruction in Iranian Criminal Policy", in: Collection of Articles on Criminal Policy, First Edition, Education and Assessment Publishing, Tehran (In Persian).
- Nasiran Najafabadi Davood (1390), "Rule of Law or Judge's Rule", Law Quarterly, Journal of the Faculty of Law and Political Science, Vol. 41, No. 3 (In Persian).
- Omidi, Jalil (2003), "Fundamentals of Justice in Criminal Law and Human Rights", Journal of Parliament and Research, Year 10, No. 38 (In Persian).
)