Cardozo Journal of International and Comparative Law
Abstract
The note argues that the principle of Velayate Faqhih in Iran undermines the rule of law and prevents the development of a functional criminal justice system. This principle, which establishes the supremacy of Islamic law and grants the Supreme Leader plenary authority over the judiciary, leads to arbitrary law enforcement, corruption, and human rights violations. The case of Maziar Bahari, an Iranian-Canadian journalist detained on vague charges of espionage, illustrates how the regime uses detention and torture to suppress dissent and maintain political control. The note contends that Iran’s legal system, dominated by Sharia law and lacking judicial independence, violates both domestic and international fair trial standards.
Disciplines
Criminal Law | Criminal Procedure | Human Rights Law | International Law | International Trade Law | Law
Recommended Citation
Sara Barlowe,
What's Islam Got to Do with it? Obstacles in Securing Fair Trial Rights Under Iran's Repressive Regime,
24
Cardozo J. Int'l & Comp. L.
601
(2016).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol24/iss3/5
Included in
Criminal Law Commons, Criminal Procedure Commons, Human Rights Law Commons, International Law Commons, International Trade Law Commons