Comparative Analysis of Judicial Security in Iran

Abstract

Judicial security, as a fundamental pillar of the rule of law, safeguards criminal and civil justice and is essential for protecting individual rights and freedoms. The realization of this principle requires structural and functional independence of the judiciary, transparency in judicial proceedings, effective oversight of judges, and a systematic approach to combating judicial corruption. This study, by examining the challenges to judicial security in Iran, identifies key obstacles such as the judiciary’s organizational and financial dependence on the executive branch, political and security interventions in judicial processes, delays in adjudication, weaknesses in transparency mechanisms, and inefficiencies in judicial oversight.

A comparative analysis of the legal systems of the United States and France highlights that establishing independent bodies for the appointment and supervision of judges, strengthening the role of juries, publicizing court rulings, enhancing financial transparency of judicial officials, and minimizing political influence in judicial proceedings are among the most significant measures for ensuring judicial security. Conversely, an examination of the legal systems of Turkey and Afghanistan reveals that the erosion of judicial independence, widespread corruption, and lack of effective oversight mechanisms have undermined the legitimacy of judicial rulings and diminished public trust in the judiciary.

This study underscores the necessity of fundamental judicial reforms in Iran by proposing measures such as revising the process of judicial appointment and promotion, establishing independent supervisory commissions, implementing structural measures to combat judicial corruption, expanding electronic litigation, and reinforcing the role of juries. The findings indicate that achieving justice and restoring public confidence in the judiciary will remain unattainable without ensuring judicial independence, transparency, and efficiency in both structure and function.