Torture, as an inappropriate and degrading behavior towards human dignity, has always been condemned and this moral condemnation has turned into a legal prohibition with the establishment of the rule of law in contemporary societies. However, like any other unethical and illegal act, this undesirable behavior has been used by rulers and their agents since ancient times and continues to be used by resorting to certain political justifications and claiming expediency and necessity in order to cover up the ugliness of this act that violates human rights.

“In any case, the prohibition of torture and the prediction of criminal reactions for perpetrators is among the fundamental principles stated in international documents and treaties, as well as the principles governing various legal systems around the world. One of the most important international documents regarding the prohibition of torture is Article 5 of the Universal Declaration of Human Rights, which states: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Another important document is Article 7 of the International Covenant on Civil and Political Rights, which states: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Additionally, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted in 1984, specifically addresses the issue of torture and defines it as: “Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from

In the legal system of Iran, efforts have been made to a reasonable extent to prohibit torture, and in the highest hierarchy of laws, namely the Constitution and its Article 38, it has been decreed that “all forms of torture to obtain confession or information are prohibited. Forcing a person to testify, confess, or take an oath is not allowed, and such testimony, confession, or oath is deemed worthless and invalid. Violators of this principle will be punished according to the Penal Code.” In order to ensure the enforcement of this prohibition, the legislator has also criminalized such actions in Article 578 as follows: “Any judicial or non-judicial government employee who physically abuses and harasses a defendant to force them to confess, in addition to retribution or payment of blood money, will be sentenced to imprisonment for six months to three years, and if someone has given orders in this regard, only the order-giver will be punished with the aforementioned imprisonment, and if the

Regardless of the flaws and deficiencies in this article (including the recognition of torture, physical abuse, and harassment as well as the failure of the Islamic Republic of Iran to accede to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984), there is currently a legal framework in place in Iran to combat the phenomenon of torture. However, the reality in detention centers, prisons, and other places where suspects and convicts are held is a heartbreaking story. Along with all the political, social, and cultural factors that contribute to the occurrence of torture, the judiciary may also have a significant role, influence, and responsibility. According to the Constitution (Article 156), the judiciary is supposed to be independent and supportive of individual and social rights, responsible for achieving justice and overseeing the proper implementation of laws. Judges, who take an oath to uphold the principles of the Islamic Republic and support the leadership, cannot possibly fulfill their legal duties

Since the commission of torture is generally assumed to be carried out by official authorities and government agents, the lack of independence of this branch in the face of individuals and institutions who, by enforcing their own policies or preserving the system (which is one of the most important duties), consider any action or behavior towards suspects to be acceptable, will have no result other than the fact that the judiciary, instead of being a “refuge and sanctuary for oppressed people,” will serve the hard-willed actions of a portion of the ruling power. This unjust process will solidify the belief among perpetrators and accomplices of torture – and it seems that it has already solidified – that in the event of torture, they will face no consequences or punishment, and they will even be protected under the umbrella of the judicial system. This mentality will gradually be instilled in citizens as well – and it seems that it has been instilled for a long time – that they cannot expect any support or assistance from the judiciary in the

Complaining about enemies to friends.

As friends and enemies are the same, where should we go to complain?