Fair trial is one of the important and challenging issues in human rights that has its roots in the principle of innocence and is the guarantor of freedom, security, dignity, and the right to life of citizens in any society. Judges play a strategic role in ensuring a fair trial; whether it is the foundation of criminal cases – especially in pre-trial rights – is dependent on the performance of judges. Therefore, their critical position can change the fate of a criminal trial and jeopardize the fundamental rights of the accused. This issue has also been faced with its own specific challenges in our country, including proper implementation of laws (rule of law), establishment of judicial police, specialized training for judges, cultural awareness, and adherence to international standards outlined in human rights documents.

The right to defense is divided into two stages: pre-trial and trial. The role of judicial officers in pre-trial rights is more strategic than during the trial period. Pre-trial rights include: the right of detained individuals to access case information, the right to have a lawyer, the right of detained individuals to access the outside environment, the right to immediate presence before a judge, the right to object to the legality of detention, and the right to a timely or conditional trial, the right to facilities and sufficient time for preparation of defense, the right to remain silent, the right to humane detention conditions and protection from torture, etc.

In the new Criminal Procedure Code approved in 1392, many of the latest standards of fair trial, such as the right to silence, have been identified. Prior to that, in the Law on Respect for Legitimate Freedoms and Protection of Civil Rights approved in 1383, many principles of fair trial, including the requirements that judges must adhere to, were identified.

But who are considered judicial officers? The law determines and introduces judicial officers. No one is a judicial officer unless the law recognizes this position for them. Therefore, it can be said that the principle is that individuals are not judicial officers and in cases of doubt, the principle is enforced. Article 28 of the Criminal Procedure Code states: “Judicial officers are officials who, under the supervision and instructions of the prosecutor, are responsible for discovering crimes, preserving evidence and signs, collecting evidence of the crime, identifying, finding and preventing the escape and hiding of the accused, conducting preliminary investigations, serving documents and enforcing judicial decisions in accordance with the law.” Judicial officers are divided into three groups: general, special, and military.

According to the previously mentioned law, the law enforcement force of the Islamic Republic of Iran is considered the general prosecutor’s office. As we know, the law enforcement force is a widespread and diverse organization, and it does not seem appropriate or principled for all members of this institution to be prosecutors; especially considering the important role and guidance of prosecutors, it is necessary for them to receive specialized and continuous training and to be professionally trained in order to fulfill their duties. In Iran, after the Islamic Revolution, on April 5, 1980, the Revolutionary Council approved a bill to establish the Judicial Police. According to this law, in every area where the Judicial Police is established, prosecutors are responsible for their duties. Unfortunately, after ten years, on April 27, 1990, with the approval of the Law on Law Enforcement Forces, this institution was merged and dissolved.

The process of criminal justice is a continuous process that begins with the commission of a crime and ends with the execution of punishment, and includes stages of crime detection, preliminary investigations, prosecution, trial, and execution of sentence. In the French legal system, crime detection is the responsibility of the judicial police, investigations are the responsibility of the investigating magistrate, prosecution is the responsibility of the prosecutor, trial is the responsibility of the criminal court, and execution of sentence is also the responsibility of the prosecutor. In Iran, the revival of the judicial police, which is an independent and specialized institution, is more necessary than ever before.

Special officers are individuals who do not have the authority to take action on any crime, except what is allowed by law. With the advancement and development of societies, the need for specialized officers in various sectors of society became more apparent. For example, officers of the Water and Electricity Organization, prison chiefs and deputies in charge of prisoners, officers of the Ministry of Intelligence, Basij Resistance Force, and so on, all of whom cannot be mentioned in this brief summary. In fact, all of them are special officers in their field of expertise and work.

The Basij Resistance Force – which sometimes faces sensitivities in society – has been designated as a specific authority in accordance with Article 29, Section “b” of the new Criminal Procedure Law. Article 1 of the Law on Judicial Protection of the Basij, passed on 10/1/1371, also states: “The Basij Resistance Force of the Islamic Revolutionary Guard Corps is allowed to take necessary actions, similar to judicial authorities, when dealing with visible crimes in the absence of other authorities, or their failure to act in a timely manner, or their declaration of need in order to prevent the destruction of evidence and the escape of the accused, and to prepare and send reports to judicial authorities.” This article has conditioned the actions of the Basij Resistance Force as a judicial authority on visible crimes, the absence of other authorities, or their failure to act in a timely manner, or their declaration of need (Article 45 of the Criminal Procedure Law lists examples of visible crimes). Furthermore

With the progress and development of society and the specialization of affairs, special regulations were created to meet the needs of the community. The question that arises is in which field is the Basij resistance force specialized and in which areas does society need their expertise?

2- Officers should only act as executors of judicial decisions and within the scope of their duties, they must act within the framework of the law and maintain impartiality towards religious and political beliefs, and they are not authorized to judge or make decisions regarding the accused.

3- In most cases, the foundation of a criminal case is formed by the initial actions of the authorities. Therefore, utmost care must be taken in selecting individuals who are responsible for this important task, and if possible, the use of experienced and knowledgeable judicial police and personnel should be considered.