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The December 1979 Iranian constitution defines the political, economic, and social order of the Islamic republic. It declares that Shi'a Islam of the Twelver (Jaafari) sect is Iran's official religion. The country is governed by secular and religious leaders and governing bodies, and duties often overlap. The chief ruler is a religious leader or, in the absence of a single leader, a council of religious leaders. The constitution stipulates that this national religious leader or members of the council of leaders are to be chosen from the clerical establishment on the basis of their qualifications and the high esteem in which they are held by Iran's Muslim population. This leader or council appoints the six religious members of the Council of Guardians (the six lay members--lawyers--are named by the National Consultative Assembly, or Majles); appoints the highest judicial authorities, who must be religious jurists; and is commander in chief of the armed forces. The Council of Guardians, in turn, certifies the competence of candidates for the presidency and the National Assembly.
The president of the republic is elected by universal suffrage to a 4-year term by an absolute majority of votes and supervises the affairs of the executive branch. The president appoints and supervises the Council of Ministers (members of the cabinet), coordinates government decisions, and selects government policies to be placed before the National Assembly. The National Assembly consists of 290 members elected to a 4-year term. The members are elected by direct and secret ballot from among the candidates approved to run by the Council of Guardians. All legislation from the assembly must be reviewed by the Council of Guardians. The Council's six lawyers vote only on limited questions of the constitutionality of legislation; the religious members consider all bills for conformity to Islamic principles.
In 1988, Ayatollah Khomeini created the Council for Expediency, which resolves legislative issues on which the Majles and the Council of Guardians fail to reach an agreement. Since 1989, it has been used to advise the national religious leader on matters of national policy as well. It is composed of the heads of the three branches of government, the clerical members of the Council of Guardians, and members appointed by the national religious leader for 3-year terms. Cabinet members and Majles committee chairs also serve as temporary members when issues under their jurisdictions are considered. [source: US Department of State]
Law, Courts & Judgments
There are several different Iranian court systems. The two most active are the traditional courts, which adjudicate civil and criminal offenses, and the Islamic Revolutionary Courts. The latter try offenses viewed as potentially threatening to the Islamic Republic, including threats to internal or external security, narcotics and economic crimes, and official corruption. A special clerical court examines alleged transgressions within the clerical establishment, and a military court investigates crimes committed in connection with military or security duties by members of the army, police, and the Revolutionary Guards. A press court hears complaints against publishers, editors, and writers in the media.
Judicial authority is constitutionally vested in the Supreme Court and the four-member High Council of the Judiciary; these are two separate groups with overlapping responsibilities and one head. Together, they are responsible for supervising the enforcement of all laws and for establishing judicial and legal policies. The Supreme Court's review authority is limited. [source: US Department of State]
Human Rights
The Iranian Government's poor human rights record worsened in 2003, and it continued to commit numerous, serious abuses. The right of citizens to change their government was restricted significantly. Continuing serious abuses included: summary executions; disappearances; torture and other degrading treatment, reportedly including severe punishments such as beheading and flogging; poor prison conditions; arbitrary arrest and detention; lack of habeas corpus or access to counsel and prolonged and incommunicado detention. Citizens often did not receive due process or fair trials. The Government infringed on citizens' privacy rights, and restricted freedom of speech, press, assembly, association and religion.
An intense political struggle continued during the year between a broad popular movement favoring greater liberalization in government policies, particularly in the area of human rights, and certain hard-line elements in the Government and society, which viewed such reforms as a threat to the survival of the Islamic Republic. In many cases, this struggle was played out within the Government itself, with reformists and hard-liners squaring off in divisive internal debates. As in the past, reformist members of parliament were harassed, prosecuted, and threatened with jail for statements made under parliamentary immunity.
The Government restricted the work of human rights groups; however, it permitted visits during the year by the U.N. Working Group on Arbitrary Detention and the U.N. Special Rapporteur for the Promotion and Protection of the Right to Freedom of Opinion and Expression. Violence and legal and societal discrimination against women were problems. The Government restricted the work of human rights groups. The Government discriminated against minorities and severely restricted workers' rights, including freedom of association and the right to organize and bargain collectively. Child labor persisted. Vigilante groups, with strong ties to certain members of the Government, enforced their interpretation of appropriate social behavior through intimidation and violence. There were reports of trafficking in persons. [source: US Department of State]
Legal Profession
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