Hossein Raeesi, has graduated from Shiraz and Tehran universities in the field of judicial law and criminal law, and is currently a visiting professor at Carlton University in Canada. Mr. Raeesi has over twenty years of experience as a lawyer and has represented numerous citizens who have filed complaints against judicial authorities.

In light of the special topic of this issue of the monthly magazine “Khat-e-Solh,” we have had a conversation with this lawyer and asked him about the judicial regulations according to the new criminal procedure law and the reasons for the necessity of recognizing Basijis in the current situation.

Mr. Raeesi, as the first question, please explain who a judicial officer is and what duties he has according to the law? Also, please explain what the difference is between specific and general judicial officers?

Judicial officers are instructed to handle matters related to investigation, collecting evidence, discovering crimes, pursuing and arresting suspects, and inspecting places and objects in special circumstances. They work under the supervision of prosecutors, deputy prosecutors, and investigators, and sometimes under the supervision of judges in the judicial system or specialized courts.

The difference between a special and general officer is that general officers are part of the judiciary, including the police – a group of forces under the command of the law enforcement of the Islamic Republic. In general, the forces within the law enforcement include commanders, officers, and ranked members of the force (excluding soldiers), who are known as general officers. Alongside the police force, there are special officers who are referred to as those who, depending on the situation, are issued a special officer card for carrying out specialized or specific tasks. These special officers are responsible for tasks such as detecting crimes, investigating suspects, initiating cases, gathering evidence, and if necessary, searching homes and premises, all under the orders of the judicial authorities, to whom they immediately report. Special judicial officers, for example, are designated officers who work with the Environmental Organization, known as environmental guards, and are responsible for carrying out officer duties in protecting areas known as ecosystems and protected environments. Additionally, officers from the Ministry of Intelligence

Specifically, general officers have another duty which is related to the time of occurrence of “obvious crimes”. In these cases, they are responsible for taking immediate action and some of their actions do not require a judicial order. This is the case when a crime is being committed that meets the definition of an obvious crime. For example, a crime that is happening in a public place or if someone has helped law enforcement while they were in need. In any case, in obvious situations, the legislator has assigned specific duties to the officer and in general, a judicial officer is someone who oversees part of the executive affairs of criminal cases and assists the prosecutor and deputy prosecutor in maintaining order and security in society.

As you are aware, the country’s Attorney General has recently announced the issuance of 40,000 general and executive judicial cards and the implementation of Article 29 of the new Criminal Procedure Law. But is it necessary for the Basij to be considered based on legal principles in the current situation?

It seems that according to Article 29 of the new Criminal Procedure Code, Basij is essentially considered as one of the recognized forces that are perceived as special officers. However, issuing a general order against them would be a violation and contrary to Article 29 of this law. This is because according to this article, only forces under the command of law enforcement and police are considered as general officers; other forces such as agents of the Ministry of Intelligence, prison officers, or Basij, if they receive the necessary training and are issued a card, are considered as special officers.

In my opinion, the special authority of a judge should not be given to Basij members; firstly, because only the police can properly fulfill the duty of being a judge. The reason is that the police are a trained and armed force and are familiar with the role of being a judge for the judiciary, whereas Basij members have not received this training, or if they have, it may not be complete. Basij is not a fully equipped military force; it is a people’s force rather than a military one. The involvement of Basij forces in the role of being a judge for the judiciary can have numerous negative consequences for the people and is not legally desirable. From the perspective of the principles of crime detection and prevention, which are discussed in the field of criminal law and criminology, it does not seem that Basij can play an active and effective role. Usually, in situations where the police or law enforcement agencies do not have the ability to manage certain areas, or when there

On the other hand, it is not necessary for the police force to have a card issued. Police officers and rank holders, as long as they are rank holders in the police force, are considered officers and do not need a card. A card is issued for someone who is a specific officer. Also, the law does not allow for the issuance of a general officer card and the transfer of all duties and responsibilities of a general officer (police) to the Basij. The Basij cannot be a general officer. The law explicitly states that the Basij is a specific officer. Referring to Mr. Montazeri, the Attorney General of the country, as the judicial officer of the Sepah Intelligence officers is also incorrect. Because the law does not allow Sepah officers to be considered judicial officers and only members of the Basij – in specific cases – can be considered specific officers. Sepah is a military force and the legislator has not allowed Sepah or Sepah Intelligence officers

It is necessary to emphasize again that the general regulations of the official police forces include commanders, officers, and ranks of the law enforcement forces. No one else can be a general regulator. To be a specific regulator, the scope of activity of the Basijis must be specified; for what purpose they are considered a specific regulator. In crisis situations, it is possible to use additional forces or forces with a military role in the matter of regulation. Otherwise, the Basij cannot be considered a special or general regulator in normal conditions as a popular military force. Only in special circumstances and for a specific purpose can military forces be assigned to assist the police.

What do you think are the underlying goals behind considering Basij as a judicial authority?

It seems that this issue is more of a political matter than a legal-judicial one. This is because (as I mentioned) the Basij is a military force that is not properly trained in military tactics. In fact, based on the experience of the years after the revolution – especially in recent years and specifically after the 2009 Green Movement – the role of the Basij as a suppressive force for the people has become apparent. This has become a security and political issue, as the police are usually responsible for ensuring the safety and well-being of the people. The Basij forces, on the other hand, are a part of the people and loyal to the hardline ruling regime, and they resist any attempts to reform certain structures. As a result, they are used to suppress the demands of certain groups such as teachers, women, and workers. Basij members, due to their appearance and clothing, may be better equipped to carry out suppression. From a legal perspective, and

In fact, it seems that using the Basij force as a judicial officer for political and security purposes is a way for the society to suppress more quickly and from within itself.

Dear Mr. Raeesi, did you have any specific experience during your time as a lawyer in Iran related to misconduct by judicial officers?

Yes. Judicial officers in Iran commit judicial violations in many cases. In numerous cases, I have witnessed police forces, officers and ranking police officers, intelligence forces, Sepah (Islamic Revolutionary Guard Corps), or Basij forces committing violations, and even torturing suspects and detainees.

I can mention three specific cases here. One relates to Basij forces becoming suspicious of a suspicious car and stopping it. When they realize that there are two girls and two boys in the car, they make them get out and take them to the outskirts of the city. Then they reach out to those two girls, take their phones and steal their belongings and jewelry. These individuals had Basij identification cards. In this case, although a complaint was filed against them and the complaint was also addressed, ultimately no serious legal action was taken.

Another case was about the suspicion of Basij forces towards a person without any reason during a midnight patrol, and they ordered him to stop. After the person did not comply, the Basij forces shot him and this shot resulted in his death.

Or about the incident where Basij forces stopped a young student who was driving, but because he did not understand their command to stop, they shot him. The bullet hit the young man’s bladder and after a few days, he passed away in the hospital due to a severe infection. Afterwards, they put pressure on the family of this student to give their consent, and after their consent, no serious punishment was considered for the perpetrators of this incident.

There are many cases related to torture or behaviors caused by untrained Basij forces that we can give as examples; especially on holidays or when they are temporarily assigned to patrols. The examples of random inspections of people’s cars or aggressive behavior towards citizens are so numerous that I believe every Iranian has experienced encountering Basij forces and forces that patrol or inspect at night in cities or villages, at least once or multiple times. These experiences are usually bitter; in fact, instead of coming to the aid of people in crisis situations like earthquakes, Basijis block roads and create a sense of insecurity for citizens in normal conditions. The more Basij patrols in the city, the more the city becomes a police and security state, and it automatically creates a sense of insecurity for people and society. This is a violation of purpose. The main purpose of having a judiciary system, police forces, is to create comfort and security for people. The more they take to the streets – especially Basijis who usually do

Which institution deals with such violations and what is usually the punishment for the violators?

Judges, when they have orders from the judicial authority for a specific matter, and act upon it, in case of violation, the judicial courts have the duty to investigate their violations. This is in situations where there is a complaint against them or the prosecutor himself realizes that an officer has committed a violation. However, in general situations where they are not on a specific mission or order from the judicial authority, the violations of judicial officers, as armed forces, are dealt with in military courts and tribunals, and there are numerous and various cases of these violations in military courts and the judicial organization of the armed forces, and that environment is always busy.

As a final question, please tell us what citizens can do and what rights they have when faced with someone claiming to be a judicial officer. Do the officers have the authority to search citizens’ personal vehicles, homes, or workplaces?

In the first instance, a judicial officer must be identified for the citizen. The police officer is a general officer and wherever someone sees a police officer or their vehicle, based on the type of clothing and vehicle, they understand that the officer is a judicial officer and knows that they have specific duties. In general, the incident that should occur is that people feel safe being next to the police and judicial officers. When facing the police or other judicial officers, before anything else, people must be sure that this person is truly a judicial officer or an officer. If people have any doubts for any reason – which is better to always have these doubts and until their doubts are resolved, do not trust anyone who wears a police uniform or anyone who introduces themselves as an officer or judicial officer – it is necessary to pay attention to two things. The person who introduces themselves as a judicial officer must have a police card or a specific judicial officer card. Such cards must be demanded from them and not just rely on seeing

On the other hand, it is the duty of the officers to introduce themselves fully to the people and present their judicial order or mission to the person or persons they encounter in the course of their duty. Another important duty of the officers is to be keepers of the people’s secrets. This means that when they come to carry out a mission – whether it be an arrest or an inspection ordered by a judicial authority – they must be extremely careful and make every effort to preserve the honor, dignity, and secrets of the people. They must never, under any circumstances, cause disgrace or disrespect to the citizens by making a commotion or in any way behaving like an invading army when entering a place. It is the right of the people that when a judicial officer, for example, visits their home, their neighbors should not be aware of it. Because it is possible that this person is innocent and their innocence will soon be proven in court. The issue of officers not behaving in a way that goes against

Thank you for the opportunity you have given us.