This is a picture of a cat.[/caption]

این عکس یک گربه است.

This is a picture of a cat.
Hamid Hamidi

Despite the differences in legal systems and the varying opinions of sociologists and jurists about its basis, quality, and level of respect and credibility in societies, custom is considered one of the most important sources of law and plays a fundamental and influential role in all fields of legal knowledge. Custom, which is established by all people, reflects the will of society and the customary rules of law based on the desires of the people. These rules, which are spread among people through custom and habit, are adaptable to reality, justice, and fairness. Therefore, custom should be seen as an element that enables the discovery of fair solutions and is also a vital force for legal institutions, preventing the antiquity and obsolescence of laws and keeping them constantly in line with the changing and evolving needs of society, so that laws can evolve in sync with the times and progress of society. Therefore, it can be said that custom and habit are the oldest legal phenomena and have been the only manifestation of law from ancient times

Throughout history, in dictatorships and oppressive regimes, the bodies of opponents, protesters, and political and ideological activists have not been treated with the respect of “a killed or deceased person” and the customary Shia practice of dignified burial has not been observed.

During a period of terror in Argentina between 1976-1983 [the period of military rule], more than 25,000 dissidents disappeared; meaning they were imprisoned, tortured, or their bodies were destroyed. Police officers would arrest them on the streets or in their homes at night, without proper clothing, identification cards, or even official permission, and their cars had no signs or numbers. When their relatives asked the police or military authorities, they would deny any knowledge. Therefore, not wearing proper clothing or cultural symbols in such situations gave the impression that the officers were acting like criminals, and in such circumstances, the law did not protect anyone, creating a “culture of fear.” A culture where many people are unable to even express that a family member has disappeared. Similar cases have also occurred in the 1980s in a small country in Central America, El Salvador. During this period, more than 50,000 opponents of the government or suspected individuals disappeared or were killed and

From the issuance of a circular regarding “Gulag victims” about “the non-delivery of the bodies of those killed and their burial or cremation without any signs or markings in nameless graves” to “the killed and disappeared during the dark dictatorship in Argentina, which led to the emergence of the “Mothers of the Plaza de Mayo” in the main square of the capital of Argentina, Buenos Aires, and the continuation of demands for justice, to the display of the body of “Che Guevara” on a laundry table in Bolivia and burial without human dignity for the fabricated coup plotters in Turkey by the Erdogan government in the “Traitors’ Cemetery” and feeding the bodies of Syrian soldiers to dogs by ISIS, and the discovery of the bodies of Gaddafi’s opponents in Libya and dozens of other examples, is a testament to the universality of the “violation of the dignity of the dead” and the blatant discrimination between “our dead” and “foreign dead

From a legal perspective, individuals are divided into two categories, which include natural persons and legal persons. A natural person, also known as a “human being” according to civil law, is simply a human being. This means that a human being alone can have rights and responsibilities, and this is a unique characteristic that only a human being can possess. Therefore, for a natural person, certain characteristics can be considered and legal rights can also be assumed. The right to life, freedom, education, etc. are among the legal rights that a natural person can have. The group formed by natural persons (in order to pursue their own interests, for example, economic purposes require the formation of groups and group activities and focus) is called a legal personality. Both natural and legal persons can have privileges. Of course, some privileges specified in civil law are specific to natural persons, such as the rights related to parent-child relationships, which legal persons are naturally lacking. However, privileges such as name, residence

Natural person

The concept of person and personality, although personality has a different meaning in various sciences, according to civil law, a person is an existing being with rights and responsibilities, and throughout their life they can perform legal actions and play a role in the responsibilities they have; therefore, a person is someone who is a party and owner of rights and responsibilities.

Status: In fact, it should be said that the term “status” which was mentioned in the civil law and is used in relation to individuals, in a general sense, refers to a particular status and position that they have in relation to the rights they have in society. Today, in terms of political status, whether a person is a citizen or a foreigner, is examined in the subject of citizenship, which is outside the scope of civil rights. However, in civil law, a person’s family status, their rights and responsibilities in the family, and their professional status are characteristics of their personality, such as citizenship, marriage, relative relationships, causality, residence, and nationality.

Rights related to personality

If we want to have a definition of the rights related to personality, we must say that these rights are only studied in civil law and are essentially rights that are specific to the individual. Social class or specific grouping does not play a role in these rights, and their purpose is to protect the individual and their physical integrity, with less emphasis on material interests (which can be separated from one’s personality). On the other hand, personal rights are not the same as human rights, despite the fact that individual rights hold an important position in most laws (civil laws) (including the right to ownership, freedom, education, residence in a specific place, etc.), which are also synonymous with human rights. However, personal rights are in no way synonymous with human rights. It should be noted that human rights consider essential needs as privileges for humans, some of which have non-monetary aspects.

The rights related to personality, because they protect both the physical and spiritual aspects of human personality, can be said to be examined in two dominant cases.

Supporting the physical identity of a human being, which includes the living human body and the right of a human being to their own body after death.

It also supports the moral and spiritual character of human beings.

a) Support for human physical identity

According to the legislator, the physical personality of a human is respected and has legal rights. Any kind of assault, injury or harm to a person’s physical personality is prohibited and in such cases, there will be civil and criminal responsibilities. For example, personal surgery without the person’s consent or that of their guardian is not allowed. In cases where medical treatment is based on scientific and technical standards, sometimes harm may be caused to the physical integrity of individuals due to social interests or enforcement of the law, such as mandatory vaccination or punishments for criminals. It should be noted that in the absence of a specific law, judicial authorities cannot make decisions regarding harm to a person’s body.

b) The right of a human being towards their own body after death:

It may come to mind that the rights granted to humans only apply during their lifetime and that the human body no longer has legal personality after death. Although the legal personality of a human ends with their death, their body is still respected by the legislator and has rights granted to it. For example, individuals who have legal capacity (meaning they are sane, mature, and responsible under civil law) can make a will for themselves; for instance, they can specify their place of burial, type of funeral, and whether or not their body can be autopsied. However, this right is not absolute and sometimes, at the order of a judicial authority, an autopsy is necessary to clarify suspicious deaths. Another issue that arises here is the transplantation of organs from a deceased person to a living person. Nowadays, due to scientific advancements, the organs of individuals who have suffered brain death can be used to save patients. In Iran, the law on organ transplantation for patients who have been declared brain dead was

Supporting the spiritual and moral character of human beings.

The spiritual character of a human, which is referred to as moral character, is supported by the legislator, which includes both the public character of a person and their political character.

The general personality of a human being.

Freedom includes freedoms such as freedom of movement, freedom of speech, freedom of choosing a profession, and so on, which fall under personal freedoms. Political rights, such as the right to vote, which are part of this category (political personality), are referred to in Article 28 of the Constitution regarding public personality, which is the freedom to choose a profession; meaning rights that pertain to human personality and are not considered as part of their possessions, therefore certain characteristics can be attributed to it.

Personality traits

Inheritance is not transferred to a person and ends with the termination of a person’s legal personality, but there is an exception to this rule. In the case of a will, the heirs have the right to the lifeless body and can make decisions regarding it. Additionally, heirs have the right to protect and make decisions about the intellectual and literary works of the deceased to a certain extent, according to the 1348 law on the protection of authors, writers, and artists.

2) This right is not subject to seizure by creditors. In this regard, reference should be made to Note 65 of the Civil Enforcement Law of 1356, entitled “Non-seizure of unpublished writings and translations.” It should be noted that creditors have the right to seize the assets of debtors for the collection of their claims, and personal rights are not considered as part of their financial rights.

3) The passage of time does not apply to these rights; because the passage of time is specific to properties and financial rights. However, it should be noted that the general rules and regulations regarding the passage of time for properties and financial rights have also been modified in accordance with the opinion of the Guardian Council, approved on February 16, 1983, and in accordance with religious laws.

4) These rights cannot be subject to contract, transferable, or waived, but exceptions in this regard have been recognized for them.

Personal rights contracts

It can be said definitively that personal rights cannot be transferred by contract or unilaterally. For example, a person cannot, through a contract with another person, waive their right to life; even if someone asks another person to kill them and the victim gives written consent, this act is still considered murder and punishable by law. Any contract that violates personal rights is null and void and holds no legal value.

Existence and characteristics of a natural person

A natural person, according to civil law, is a human being who exists in this world and is limited to two factors: birth and death. Sometimes the life and death of a person is questionable, in which case they are considered missing and the legislator has considered special conditions for a missing person. The important events in the life of a natural person are mainly divided into four categories:

a) The beginning of the existence of a natural person

b) The end of a natural person’s existence

C) Absent, missing

d) Characteristics of a natural person

Missing, disappeared without a trace.

In fact, it is a legal term that the legislator can use in the Civil Code and the Law of Financial Affairs, but in terms of definition, it should be said that a missing person is someone who has been absent from their residence and place of residence for a relatively long period of time and there is no news of them. The legislator defines a missing person in Article 1011 of the Civil Code as follows: “Someone who has been absent for a considerable period of time and there is no news of them.” The conditions that can be referred to in the definition of Article 1011 are: 1) Absence: The first element in the definition of a missing person is absence. Absence from the residence means the place of residence or work, which is the important center of the person’s affairs. 2) Expiration of a relatively long period: If a person is absent from their residence for a relatively short period of time, they are not considered a missing

3) Absence of news of life or death: In fact, the most important element in defining absence is the lack of knowledge about whether the person is alive or dead. Therefore, if it is determined that the absent person is dead, they will no longer be considered a missing person and likewise, if someone is away from their residence for a long time but news of their life is available, they will not be considered a missing person.

Residence of natural persons

Article 1002 of the Civil Code defines the residence of a natural person as follows: “The residence of a person is the place where they have their domicile and where the main center of their affairs is located. If the place of residence is not the main center of their affairs, the main center of their affairs shall also be recognized as their residence.” Considering that residence determines the relationship between individuals and their legal affairs, for example, important legal notices are delivered to individuals at their residence, it should not be multiple. The legislator has accepted the principle of unity of residence and no person can have more than one residence. It should be noted that in French law, as in Iranian law, the residence is the main center of a person’s affairs, but in countries such as Switzerland, Germany, Spain, and Portugal, the residence is the place where a person resides.

The benefits and importance of a residence.

Considering that residence plays an important role in people’s legal lives and has its benefits, some examples of them are mentioned:

According to Article 11 of the Civil Procedure Law, the court with jurisdiction to hear lawsuits is generally the court of the defendant’s residence.

According to Articles 21 of the Civil Procedure Code and Principles 413 and 427 of the Commercial Law, cases and matters related to bankruptcy are referred to the residence court of the bankrupt merchant; such as cases of suspension. Additionally, the competent court for dealing with seizure and determining the value is the residence court of the absent person. Matters related to the missing person are under the jurisdiction of the last residence court of the missing person. The delivery of statements, petitions, and other court decisions are carried out at the residence of the person.

Accommodation categories

Optional: A place where a person chooses, by their own will and desire, as their place of residence and center for important matters, and changing it can only be done through physically residing in another location and cannot be changed without the person’s consent.

Compulsory: A residence that the law requires for certain individuals based on their dependence on a person or their job. People such as prisoners, terminally ill patients in treatment centers, and military and law enforcement personnel in barracks have compulsory residences.

Investigation of desecration of the dead

The legal offense of burying the deceased without following regulations.

Article 635 of the Islamic Penal Code states: “Anyone who buries a corpse without following the regulations related to burial of the deceased, or causes it to be buried, or conceals it, will be sentenced to a fine of one hundred thousand to one million rials.”

Legal concealment or burial of a murdered body.

The crime of concealing or burying a murdered body is subject to Article 636 of the Islamic Penal Code, which states: “Anyone who conceals the body of a murdered person, knowing about the murder, or buries it before informing the individuals who are legally responsible for discovering and pursuing crimes, shall be sentenced to imprisonment from three months and one day to one year.”

Mohsen Hojjaji (born July 12, 1991 in Najafabad – died August 9, 2017 in Al-Tanf) was a member of the Iranian forces known as “Defenders of the Shrine”. In August 2017, during an operation in the Al-Tanf region (a border area between Syria and Iraq), he was captured by ISIS forces and two days later was killed by them. During the transfer of Mohsen Hojjaji’s body to Hezbollah forces in Lebanon, 350 ISIS fighters and their families were also transferred to eastern Syria. The funeral ceremony for Mohsen Hojjaji was held on September 27, 2017 in the capital of Iran. Many high-ranking officials of the Islamic Republic, such as Ali and Sadegh Larijani, the heads of the Islamic Consultative Assembly and the Judiciary, attended the ceremony. Ali Khamenei, the leader of Iran, also attended the ceremony before the

In the summer of 1367, thousands of political and ideological prisoners were unjustly sentenced to death and buried in mass graves. Despite the evidence of this crime by the Islamic government and the acknowledgement of those responsible, the Islamic government refuses to disclose the names and burial locations of these “martyrs”.

Where does this apparent discrimination between “the living” and “the dead” truly stem from?

According to the laws in the Islamic government and the adoption and acceptance of the “Charter of Civil and Political Rights” in Iran, clear discrimination in regards to the non-delivery of corpses of Bahai compatriots and some Sunni compatriots who are opposed to the government, as well as other political opponents of the government, is undeniable. This is while, based on “public custom”, the delivery of the bodies of individuals after being killed and even the execution of unjust death sentences to their families and survivors, or determining their place of burial, is a matter of custom that does not require a law, and is an accepted practice in various societies.

Authoritarian systems, due to the type of relationship they create with the majority of society, are inherently unstable. This relationship is based on the use of force and authoritarianism by a small group, which results in widespread violation of human rights for the majority. The inherent weakness of these systems in addressing social issues and meeting the needs of different groups leads to unstable conditions. From military dictatorships in Latin America to colonel regimes in Greece, from totalitarian and single-party systems in the Eastern Bloc to self-proclaimed African dictatorships, from absolute monarchies in the Middle East to fascist regimes in Spain and Portugal, there is a constant and stable element of racial discrimination in these governments and political systems. What is related to the violation of human dignity for “non-citizens” can be stated as follows. It should be emphasized that the government’s approach to “victims” in 1981 is very different from its approach to “victims” in 1988 (the Great Mass

In the year 1360, taking advantage of the war situation, the government declared names and handed over the bodies of some individuals, using the war conditions as a justification for suppressing and executing many opponents. By creating fear in society, the government was able to suppress and execute many of its opponents. Any public opposition to this government action was subject to punishment.

In the year 1367, however, the circumstances were planned differently. Despite the false enthusiasm in 1360, the government was simultaneously seeking to establish a strong system within the country after the passing of Mr. Khomeini. Four issues were put on the agenda simultaneously:

The end of the war was marked by the acceptance of Resolution 598 during the lifetime of Mr. Khomeini.

b) Approval of the supplementary of the Constitution and changing the subject of “guardianship” to “guardianship of the jurist” and expanding the powers of the leader.

C) Next to Mr. Montazeri, from the deputy leadership of the leader.

Determining the fate of political prisoners during the lifetime of Mr. Khomeini.

In this regard, with the formation of “Death Commissions”, it was decided that all prisoners (mujahideen and communists, with or without a conviction) would be questioned in front of the Death Commissions in trials of three to five sessions, in order to determine their “death” or “life” status.

But what are the reasons for this discrimination?

a) The government, considering the lack of access to empty slogans during the war, was afraid of the effectiveness of its opponents and for this reason, it could neither free them nor publicly declare their “massacre”.

b) The public announcement of this “massacre” and the delivery of bodies weakened the already failed government’s position even more, and there was a possibility of widespread protests from the families of the “killed” following it.

C) In the minds of society, the government was seen as a “failed government” and “cowardly”, which contradicted the government’s pursuit of power.

Due to international back and forth negotiations regarding the acceptance of Resolution 598, there was a possibility of exposing the “humanitarian crime” due to the severity of the tragedy and the number of casualties in a short period of time. This could have also continued to condemn Iran in the war.

“The dust settled” and “mass graves” announced the realization of this massacre. “Justice” and “truth-seeking” and the realization of “justice” emerged in various forms. The perpetrators and instigators of this massacre were identified. However, the government still refrains from disclosing the names of the victims and their burial sites, while also being busy with destroying these mass graves.

The government wants to bury history in “forgetfulness” for future generations, and all their efforts are based on two elements of “forgetfulness” and “ignorance” in this regard. The only possibility for survivors and all “plaintiffs” is to strive against “forgetfulness” and “documented disclosure” of these crimes.