Pathology of Violations of Individual and Group Freedoms in the Iranian Criminal System

Abstract

The desire for freedom has a history as long as human civilization itself. From the very beginning of creation and the emergence of the world, humans have sought freedom. In the course of their demands, the only factors limiting freedom have been the interests of other individuals, and gradually, societies and political systems. Essentially, laws have been enacted to limit freedoms. The concept of individual and group freedoms, and the examination of their boundaries, is as ancient as human history, yet remains novel and evolving. This is because, with the emergence of different political systems, the concept of freedom has been shaped by the perspectives and frameworks of each system, and its types and boundaries have changed accordingly based on the views of the policymakers of each system. Regardless of certain religious, ethnic, or cultural viewpoints, some types of freedoms, according to human rights beliefs, are considered fundamental and essential freedoms. However, this human rights belief, which has been repeatedly stated in various declarations and accepted by many countries, is often violated by the same countries. The reason for these violations undoubtedly goes beyond purely political interests, as the concept of freedom is in balance with concepts such as security, economy, and culture. Additionally, in systems where religion plays a dominant role and intervenes in all matters of society, the concept of freedom is only acceptable within the confines of religious prohibitions. In this context, in a religious society like Iran, it is first necessary to determine the permissible scope of freedom violations. In this process, the limitations on freedoms must also be taken into account. Subsequently, the unlawful violations of freedoms in the Iranian criminal system must be scrutinized, and the cases of freedom restrictions imposed by the government in Iran should be identified. No matter how many instances exist, they all have one major and essential, yet very vague, reason to justify the violation or limitation of freedom: the broad concept of security and the notion of being contrary to the interests of society and Islam. The violation of individual and group freedoms is significant at the stages of legislation, the judicial process, execution, and even in the process of prevention. The discussion also extends to the bylaws, the constitution, and the violation of the perceived rights within these laws.