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Papers by Hossein Raeesi

This paper examines the due process laws and legal protections provided for detained homosexual i... more This paper examines the due process laws and legal protections provided for detained homosexual individuals during the “preliminary investigations” under the new Islamic Code of Criminal Procedure ratified by the Guardian Council in 2013, which has been waiting to go into effect since October 2014.3
According to the document referenced at the preamble of the law, the new Code of Criminal Procedure has been updated in accordance with the state’s policy to Islamize the legal system in Iran. Nevertheless, the new Iranian Code of Criminal Procedure includes amendments, which offer better protection for individuals charged with homosexual conduct.
The criminal procedure laws are key to establishing the innocence or guilt of an alleged offender before the court. The revisions to the new Iranian Code of Criminal Procedure reduce the risk of wrongful conviction of homosexual defendants.
Therefore, lawyers can protect their clients in the course trial, using due process procedures. For instance, if an individual would be charged with a same-sex “offense,” thanks to the provisions of revised Code of Criminal Procedures, the likelihood of a successful defense at the trial is now greater than before. Though, to avoid being overly optimistic, we should emphasize that such a success depends on the proper enforcement of the law.
According to the Iranian Penal Code there are serious risks of being sentenced with capital punishment for those charged with same-sex relations. Because of this, lawyers and defendants must be informed of these revisions and the potential opportunities
2 Editorial Note: Although the author used the word homosexual and same-sex relations, generally, most cases argued in this article are related to men accused of being involved in same-sex relations. The new Code of Criminal Procedures can be applied both to men and women.
3 Based on a bill currently considered by the Iranian parliament, there is a possibility that 40 articles of this law may be changed, and their implementation postponed.

This book brings together the analysis of the most recognized experts on the status on the death ... more This book brings together the analysis of the most recognized experts on the status on the death penalty in Iran and highlights the unique situation of the death penalty in this country; first in the world in terms of executions per capita, i.e. proportionally to the number of its inhabitants.

In September of 2014, Iran carried out the death sentence of a man who had allegedly attracted a ... more In September of 2014, Iran carried out the death sentence of a man who had allegedly attracted a small following with unorthodox religious teachings. But when Mohsen Amir Aslani was executed after over eight years in prison, conflicting reports emerged as to the nature of his alleged crimes.
While Mr. Amir Aslani was known to have received a conviction for the religious crime of heresy because he rejected the tale of Jonah and the whale, that conviction did not carry a death sentence. Rather, some alleged that Mr. Amir Aslani had been convicted of the national security crime of spreading corruption on Earth, which can be a capital crime. Meanwhile, the authorities stated that his execution pertained instead to accusations of rape leveled against him by erstwhile female followers.
In this legal commentary, IHRDC legal advisor Hossein Raeesi, an attorney with over twenty years’ experience trying sensitive cases in Iran, examines the tumultuous procedural history of the case. The similarity of a second set of charges leveled against the accused as his first case was coming to a close—including those of spreading corruption on Earth and rape—suggests that safeguards against double jeopardy were intentionally and repeatedly ignored. In examining the proceedings related to this second set of charges, Raeesi demonstrates that minimal evidentiary requirements were not met, and that several Supreme Court orders pertaining to the case were ignored. Despite attempts by some judges to uphold domestic law during Mr. Amir Aslani’s prosecution, the tendentious approach of other judiciary officials precluded a fair trial and led to numerous violations of Iran’s own Code of Criminal Procedure. In his analysis, Raeesi counts multiple deviations from domestic law where it should have ensured a dismissal of the charges and Mr. Amir Aslani’s release from prison. As such, the Mohsen Amir Aslani case is a textbook example of the arbitrariness and politicization at the heart of Iran’s judiciary.

The Iranian nation is made up of diverse religious and ethnic groups. In a sense, Iran can be des... more The Iranian nation is made up of diverse religious and ethnic groups. In a sense, Iran can be described as a multi-ethno-religious society. Religious and ethnic diversity throughout history has been a source of classification, difference and discrimination among the general public, which has manifested itself in a variety of ways in accordance with the types of government in place. Ethnic minorities are at times also considered to be religious minorities, including the Kurds, Turkmen and Baluchis who mostly do not adhere to the official religion of the country and are therefore, discriminated against on both grounds and to a greater extent than other groups. What follows is an examination of the legal context of undue discrimination against religious and ethnic minorities in the Islamic Republic constitution.[1] Other political, civic, cultural and social dimensions of discrimination against these minority populations are found in other laws and long-term historical processes in Iran.

مقالاتی که در باره خشونت خانگی و حقوق ایران نوشته ام در این مجموعه قابل دست رسی است

I first met Zarbibi in jail, after she had been sentenced to death, and encouraged her to write t... more I first met Zarbibi in jail, after she had been sentenced to death, and encouraged her to write the diary printed here as “both as a kind of therapy as well as a way to explain her story to the public.” This unedited document captures the distress of a young woman who wanted the right to choose when and whom to marry, as well as the uncertainty of a young mother contemplating her daughter’s future. Though the arc of her narrative can be confusing at times, her writing demonstrates a talent for self-expression, one made all the more remarkable considering her limited learning and marginal cultural place.

حقوق کودک تامین‌کننده منافع و مصالح کودک است. این نوشتار در راستای ایجاد فضایی توام با روحیه انتق... more حقوق کودک تامین‌کننده منافع و مصالح کودک است. این نوشتار در راستای ایجاد فضایی توام با روحیه انتقادی و حرکت به سمت توسعه برای رشد کودک. پس از توضیح ویژگی‌ها و پیشینه حقوق کودک، مفهوم کودک تعریف می‌شود و حقوق بنیادین کودک اعم از حق حیات، حق مصونیت از تبعیض، حق برخورداری از سلامت جسم و روان و همچنین حقوق سیاسی کودک در اسناد بین‌المللی و در حقوق ایران تبیین می‌شود. سپس حقوق اجتماعی و فرهنگی کودکان شامل حق حفظ هویت، برخورداری از تابعیت و ثبت تولد، حقوق آموزشی کودکان، حق امنیت اجتماعی و منع بهره‌کشی و کار کودکان بررسی می‌شود.

http://www.khanehamn.org/archives/13861 by Hossein Raeesi

Khanehamn

حقوق کیفری یکی از رشته های مهم حقوقی است که به ارتباط فرد با اجتماع و پیرامونش توجه می کند و ارزش... more حقوق کیفری یکی از رشته های مهم حقوقی است که به ارتباط فرد با اجتماع و پیرامونش توجه می کند و ارزش های فردی و اجتماعی را هدف حمایت خود قرار می دهد. این حقوق تضمین های لازم در جهت پاسداری از حقوق بشر و کرامت ذاتی مورد اهمیت اسناد بین المللی حقوق بشر و حقوق داخلی را فراهم می نماید.

در دیدگاه سنتی حقوق کیفری باید در خدمت حفظ و بقاء کیان و چارچوب خانواده باشد و لیکن در دیدگاه مدرن، آنچه در درجه نخست اهمیت است، حقوق فردی است و حفظ کیان خانواده نمی تواند در تعارض با این حقوق قرار گیرد.

در این نوشتار برآنیم تا نقش حقوق کیفری در پاسداری از حقوق انسانی و نفی هر گونه ظلم و ستم ناشی از روابط خانوادگی و در درون خانواده ها را مورد بررسی قرار دهیم.

Articles by Hossein Raeesi

How can lawyers perform their responsibilities to defend their clients regarding human rights and... more How can lawyers perform their responsibilities to defend their clients regarding human rights and criminal justice in Muslim states in which Islamic law is practiced such as Iran? To answer this question, we have a look at the criminal justice systems in Islamic countries. Evidence, investigations, interrogations and trials are based on traditional Islamic law and lawyers are not a part of the legal procedure. Consequently, not only do judges never care about lawyers’ defenses but also sometimes their defenses bring about some evidence against themselves. The presence of the lawyer in the criminal procedure is a result of having a modern approach to the realization of a fair trial. Fair trials never happen without the opportunity for lawyers to carry out their own duties perfectly. In the Islamic criminal code and its criteria to gather and have access to evidence, there is no place for lawyer’s practicing based on the standards of fair trial. This article looks at the fairness of trials in Iran, explains some of the provisions in the code of criminal procedure and the compromised role lawyers play in death penalty cases.

New Research Voices' first volume brings together 6 research articles from 6 academics based in v... more New Research Voices' first volume brings together 6 research articles from 6 academics based in various countries around the world. The research presented in the volume covers various topics – higher education in Syria, Thai-US-Chinese relations, same-sex desires in Islam, the death penalty in Iran, authoritarian developmentalism in Ethiopia and the difficulties of carrying out research in the Democratic Republic of Congo. The glue that binds this volume together is that all the contributing authors have been forced to flee their countries of origin to seek sanctuary at universities overseas.

This paper examines the due process laws and legal protections provided for detained homosexual i... more This paper examines the due process laws and legal protections provided for detained homosexual individuals during the “preliminary investigations” under the new Islamic Code of Criminal Procedure ratified by the Guardian Council in 2013, which has been waiting to go into effect since October 2014.3
According to the document referenced at the preamble of the law, the new Code of Criminal Procedure has been updated in accordance with the state’s policy to Islamize the legal system in Iran. Nevertheless, the new Iranian Code of Criminal Procedure includes amendments, which offer better protection for individuals charged with homosexual conduct.
The criminal procedure laws are key to establishing the innocence or guilt of an alleged offender before the court. The revisions to the new Iranian Code of Criminal Procedure reduce the risk of wrongful conviction of homosexual defendants.
Therefore, lawyers can protect their clients in the course trial, using due process procedures. For instance, if an individual would be charged with a same-sex “offense,” thanks to the provisions of revised Code of Criminal Procedures, the likelihood of a successful defense at the trial is now greater than before. Though, to avoid being overly optimistic, we should emphasize that such a success depends on the proper enforcement of the law.
According to the Iranian Penal Code there are serious risks of being sentenced with capital punishment for those charged with same-sex relations. Because of this, lawyers and defendants must be informed of these revisions and the potential opportunities
2 Editorial Note: Although the author used the word homosexual and same-sex relations, generally, most cases argued in this article are related to men accused of being involved in same-sex relations. The new Code of Criminal Procedures can be applied both to men and women.
3 Based on a bill currently considered by the Iranian parliament, there is a possibility that 40 articles of this law may be changed, and their implementation postponed.

This book brings together the analysis of the most recognized experts on the status on the death ... more This book brings together the analysis of the most recognized experts on the status on the death penalty in Iran and highlights the unique situation of the death penalty in this country; first in the world in terms of executions per capita, i.e. proportionally to the number of its inhabitants.

In September of 2014, Iran carried out the death sentence of a man who had allegedly attracted a ... more In September of 2014, Iran carried out the death sentence of a man who had allegedly attracted a small following with unorthodox religious teachings. But when Mohsen Amir Aslani was executed after over eight years in prison, conflicting reports emerged as to the nature of his alleged crimes.
While Mr. Amir Aslani was known to have received a conviction for the religious crime of heresy because he rejected the tale of Jonah and the whale, that conviction did not carry a death sentence. Rather, some alleged that Mr. Amir Aslani had been convicted of the national security crime of spreading corruption on Earth, which can be a capital crime. Meanwhile, the authorities stated that his execution pertained instead to accusations of rape leveled against him by erstwhile female followers.
In this legal commentary, IHRDC legal advisor Hossein Raeesi, an attorney with over twenty years’ experience trying sensitive cases in Iran, examines the tumultuous procedural history of the case. The similarity of a second set of charges leveled against the accused as his first case was coming to a close—including those of spreading corruption on Earth and rape—suggests that safeguards against double jeopardy were intentionally and repeatedly ignored. In examining the proceedings related to this second set of charges, Raeesi demonstrates that minimal evidentiary requirements were not met, and that several Supreme Court orders pertaining to the case were ignored. Despite attempts by some judges to uphold domestic law during Mr. Amir Aslani’s prosecution, the tendentious approach of other judiciary officials precluded a fair trial and led to numerous violations of Iran’s own Code of Criminal Procedure. In his analysis, Raeesi counts multiple deviations from domestic law where it should have ensured a dismissal of the charges and Mr. Amir Aslani’s release from prison. As such, the Mohsen Amir Aslani case is a textbook example of the arbitrariness and politicization at the heart of Iran’s judiciary.

The Iranian nation is made up of diverse religious and ethnic groups. In a sense, Iran can be des... more The Iranian nation is made up of diverse religious and ethnic groups. In a sense, Iran can be described as a multi-ethno-religious society. Religious and ethnic diversity throughout history has been a source of classification, difference and discrimination among the general public, which has manifested itself in a variety of ways in accordance with the types of government in place. Ethnic minorities are at times also considered to be religious minorities, including the Kurds, Turkmen and Baluchis who mostly do not adhere to the official religion of the country and are therefore, discriminated against on both grounds and to a greater extent than other groups. What follows is an examination of the legal context of undue discrimination against religious and ethnic minorities in the Islamic Republic constitution.[1] Other political, civic, cultural and social dimensions of discrimination against these minority populations are found in other laws and long-term historical processes in Iran.

مقالاتی که در باره خشونت خانگی و حقوق ایران نوشته ام در این مجموعه قابل دست رسی است

I first met Zarbibi in jail, after she had been sentenced to death, and encouraged her to write t... more I first met Zarbibi in jail, after she had been sentenced to death, and encouraged her to write the diary printed here as “both as a kind of therapy as well as a way to explain her story to the public.” This unedited document captures the distress of a young woman who wanted the right to choose when and whom to marry, as well as the uncertainty of a young mother contemplating her daughter’s future. Though the arc of her narrative can be confusing at times, her writing demonstrates a talent for self-expression, one made all the more remarkable considering her limited learning and marginal cultural place.

حقوق کودک تامین‌کننده منافع و مصالح کودک است. این نوشتار در راستای ایجاد فضایی توام با روحیه انتق... more حقوق کودک تامین‌کننده منافع و مصالح کودک است. این نوشتار در راستای ایجاد فضایی توام با روحیه انتقادی و حرکت به سمت توسعه برای رشد کودک. پس از توضیح ویژگی‌ها و پیشینه حقوق کودک، مفهوم کودک تعریف می‌شود و حقوق بنیادین کودک اعم از حق حیات، حق مصونیت از تبعیض، حق برخورداری از سلامت جسم و روان و همچنین حقوق سیاسی کودک در اسناد بین‌المللی و در حقوق ایران تبیین می‌شود. سپس حقوق اجتماعی و فرهنگی کودکان شامل حق حفظ هویت، برخورداری از تابعیت و ثبت تولد، حقوق آموزشی کودکان، حق امنیت اجتماعی و منع بهره‌کشی و کار کودکان بررسی می‌شود.

Khanehamn

حقوق کیفری یکی از رشته های مهم حقوقی است که به ارتباط فرد با اجتماع و پیرامونش توجه می کند و ارزش... more حقوق کیفری یکی از رشته های مهم حقوقی است که به ارتباط فرد با اجتماع و پیرامونش توجه می کند و ارزش های فردی و اجتماعی را هدف حمایت خود قرار می دهد. این حقوق تضمین های لازم در جهت پاسداری از حقوق بشر و کرامت ذاتی مورد اهمیت اسناد بین المللی حقوق بشر و حقوق داخلی را فراهم می نماید.

در دیدگاه سنتی حقوق کیفری باید در خدمت حفظ و بقاء کیان و چارچوب خانواده باشد و لیکن در دیدگاه مدرن، آنچه در درجه نخست اهمیت است، حقوق فردی است و حفظ کیان خانواده نمی تواند در تعارض با این حقوق قرار گیرد.

در این نوشتار برآنیم تا نقش حقوق کیفری در پاسداری از حقوق انسانی و نفی هر گونه ظلم و ستم ناشی از روابط خانوادگی و در درون خانواده ها را مورد بررسی قرار دهیم.

How can lawyers perform their responsibilities to defend their clients regarding human rights and... more How can lawyers perform their responsibilities to defend their clients regarding human rights and criminal justice in Muslim states in which Islamic law is practiced such as Iran? To answer this question, we have a look at the criminal justice systems in Islamic countries. Evidence, investigations, interrogations and trials are based on traditional Islamic law and lawyers are not a part of the legal procedure. Consequently, not only do judges never care about lawyers’ defenses but also sometimes their defenses bring about some evidence against themselves. The presence of the lawyer in the criminal procedure is a result of having a modern approach to the realization of a fair trial. Fair trials never happen without the opportunity for lawyers to carry out their own duties perfectly. In the Islamic criminal code and its criteria to gather and have access to evidence, there is no place for lawyer’s practicing based on the standards of fair trial. This article looks at the fairness of trials in Iran, explains some of the provisions in the code of criminal procedure and the compromised role lawyers play in death penalty cases.

New Research Voices' first volume brings together 6 research articles from 6 academics based in v... more New Research Voices' first volume brings together 6 research articles from 6 academics based in various countries around the world. The research presented in the volume covers various topics – higher education in Syria, Thai-US-Chinese relations, same-sex desires in Islam, the death penalty in Iran, authoritarian developmentalism in Ethiopia and the difficulties of carrying out research in the Democratic Republic of Congo. The glue that binds this volume together is that all the contributing authors have been forced to flee their countries of origin to seek sanctuary at universities overseas.