The feasibility of limiting the prohibition of torture through the supervision of the Guardian Council

Articles in Press

Document Type : Original Article

Authors

1 Doctoral student of criminal law and criminology, Farabi School, University of Tehran

2 Member of Faculty of Law Faculty of Farabi School of Tehran University

10.48308/jlr.2024.234737.2678

Abstract

Abstract

In Article 38, the constitution prohibits torture and stipulates that: "Any torture to obtain a confession or obtain information is prohibited...". In order to objectify this principle, the Islamic Council approved the "Prohibition of Torture Plan" in 1381, which was examined in the opinion of the Guardian Council No. 662/30/81 dated 03/16/1381 and objections were raised regarding this plan; including the fact that the absolute prohibition of not using torture is doubtful. This article, using descriptive-analytical method and using library data, answers the challenge of whether the Guardian Council can consider the possibility of torture in specific cases and make a restriction on Article 38 of the Constitution. The result of the research shows that the impermissibility of restricting the application of the prohibition of torture has more argumentative support and it is not possible to restrict the application of the provision in Article 38 of the Constitution through the Sharia supervision of the Guardian Council. Therefore, the impossibility of torture is absolute and cannot be excluded.

Keywords: Article 38 of the Constitution, Plan to Prohibit Torture, Guardian Council, Prohibition of Torture, Monitoring.

Keywords

Main Subjects

Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 25 September 2024

Files

History

  • Receive Date: 07 February 2024
  • Revise Date: 14 May 2024
  • Accept Date: 24 September 2024

Share

How to cite

Statistics