One of the important topics discussed in the political and criminal law arena in Iran is the issue of crimes and problems of political criminals, which has always been a topic of discussion since before the revolution and the establishment of the Islamic Republic of Iran. This concern is prominently seen during the drafting of the constitution of the Islamic Republic, as not only some of the individuals involved in drafting the constitution have a history of political persecution and conviction, but also many political activists and fighters have been victims of this major flaw in Iran’s legislative system under the previous regime. Therefore, considering the atmosphere created after the revolution, the legislator of the constitution of the Islamic Republic of Iran has raised the issue of political crimes with the aim of promoting freedom of future political activities and struggles in the country, and has emphasized that the trials of political criminals must be conducted openly and with the presence of a fair court, and has delegated the definition of political crimes to a legal approval in this regard. However, despite the fact that more

In both the previous and current government regimes in Iran, meaning both the monarchy and the Islamic Republic, political suspects are pursued and prosecuted under the titles of committing ordinary-security crimes. Accusing activists and political fighters of committing security crimes has been one of the easiest methods of suppressing political activities and limiting freedom of expression and belief, and closing the paths of criticism and protest against the actions of national officials in both government regimes. In the previous regime, political suspects were tried in military courts, while in this regime, political suspects are tried in revolutionary courts. The truth is that with the change of political system in Iran, no changes have been made in the process of dealing with political suspects.

Activists and political and ideological fighters in the judicial and political system of the Islamic Republic of Iran are not only faced with the threat of being accused of committing crimes with security or anti-security titles, but also face a greater threat rooted in Islamic law, which is being accused of waging war against God, rebellion, and corruption on earth. The use of these accusations in the ordinary criminal laws of the Islamic Republic of Iran has led many activists and political fighters to be executed.

On September 26, 1981, after the victory of the revolution and the establishment of the Islamic Republic, the legislative branch passed a law entitled “Reconstruction of Human Resources in Ministries, Government Institutions, and Affiliated to the Government”. This law lists four categories of offenses and mistakes and sets criteria for determining punishment or discipline against government employees. One of these four categories is crimes that are referred to as political and military crimes. In Article 15 of this law, while dividing political and military crimes into two categories: those that occurred before the revolution and those that occurred and will occur after the revolution, it lists examples of these crimes that are related to after the revolution, including:

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“Any uprising against the Islamic Republic in any way.”

Collaboration with foreign military forces against the Islamic Republic of Iran.

Joining spy organizations against the Islamic Republic of Iran or spying and obtaining confidential information for the benefit of foreign countries or internal groups whose activities have been declared illegal.

Activity in favor of groups whose activities have been declared prohibited in the office environment.

Committing acts that are against the interests of the Islamic Republic of Iran, such as spreading rumors, sabotage, laziness, and also illegal actions such as strikes, sit-ins, and protests.

Armed actions to gain personal or group benefits in the administrative environment.

Group or individual actions to impose illegitimate goals and obtain illegal benefits.

Disclosure of Military Documents and Secrets.

Elimination or disappearance of unauthorized government documents and records, including confidential ones, related to before or after the Islamic Revolution.

Using pen and speech and any form of propaganda against the Islamic Republic system in a way that is prohibited by the laws of the Islamic Republic is forbidden.

Some of the examples used in Article 15 of this law constitute military crimes, while others constitute political crimes. Even rebellion against the Islamic Republic system in any form is considered a political crime under this law.

While this category of crimes is considered as security crimes and even acts of war and corruption on earth in the Islamic Penal Code, and also falls under the jurisdiction of the Revolutionary Courts according to the Criminal Procedure Code for handling charges related to security crimes.

Dualism in ordinary laws has been referred to as a behavior from one side and the use of tools from laws to suppress people and political activists, etc. from the other side, has led to the dominance of a security perspective on behaviors that have been considered as political crimes in the law of human resources reconstruction. We see that throughout these years, political activists and fighters are not brought to trial as political suspects, but under the title of security suspects in revolutionary courts.

Although the approval of a law entitled “Reconstruction of Human Resources in Ministries and Government Agencies and Determination of Punishment and Dismissal of Employees from their Employment” in itself is contrary to the principles of freedom of expression and belief and is against the right to employment of individuals and violates international human rights standards, the existing loopholes in current laws and the labeling of any political and civil activities as anti-security push us towards trying to enforce this unjust and inhumane law. This has been evident in the treatment of political prisoners in the years following the approval of this law, which has not yielded any results. This is because the focus on the enforceability of this law and the inclusion of political crimes in this law has caused the foundations of revolutionary courts to crumble, which even after 34 years since the revolution, still exist and are used as a tool for intimidation and suppression of people and groups. While neither in the Constitution nor in current laws, are revolutionary courts recognized as competent

On one hand, the legislator in Article 168 of the Constitution emphasizes the necessity of conducting political trials openly and with the presence of a fair tribunal. On the other hand, Article 20 of the amended law on the establishment of public and revolutionary courts states that the jurisdiction over political crimes falls under the jurisdiction of the provincial criminal courts, with the presence of a fair tribunal and in an open manner.

After 34 years since the revolution and the lack of implementation of existing laws in dealing with political suspects, we are faced with a plan titled “political crime” which, according to published reports, has been approved by the Judicial Commission of the Islamic Consultative Assembly. According to the definition of political crime in Article 1 of the draft, any behavior motivated by criticism of the government’s performance, seeking power, or preserving power, will be considered a political crime as long as it is not intended to undermine the principles and fundamental framework of the Islamic Republic of Iran. The concept of this article is that if criticism of the government’s performance is intended to undermine the system, it is not political and the perpetrator will not have the legal rights afforded to political suspects?! The question here is, what will happen to this group of critics?

Is it not the case that the philosophy of existence for political parties and groups is to gain or maintain power, and is it not necessary to criticize in order to achieve these goals?! How can we imagine the existence of a political party in a country that does not have the legal possibility to criticize or maintain power?

Unfortunately, after 34 years of waiting and in a period where the right to freedom of speech and thought, the right to political and social activities have been recognized as fundamental human rights, we are now faced with a bill that completely shuts down any form of political activity. Comparing the content of this bill with the content of the law on reconstruction of human resources in government ministries and agencies, passed in 1981, clearly shows a severe shift in the legislative system from one that even labeled opposition to the Islamic Republic as political crime – although this was not implemented in practice and history is witness to the numerous trials, imprisonments, and executions of opponents of the regime in the same year this law was passed – to one that does not tolerate any criticism from individuals or groups and considers it a crime, even if it is a political one. The tragedy is that insulting government officials without any clear definition or criteria is also considered a political crime, and it seems that with the passing of this bill,