POLITICAL AND SECURITY CRIMES BASED ON HUMAN RIGHTS

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MILAD RAHMATIVAND, REZA NIKKHAH SARNAGHI, SIAMAK JAFARZADEH

Abstract

Political crimes and security crimes are two important groups in the field of criminology, which, along with the study in their field, can solve many current inadequacies and challenges among legal activists in the field of criminal politics. A distinction should be made between political crimes and security crimes; because the political crime is an intra-systemic crime from the point of view of Iranian law, without the perpetrator intending to attack the principle of the system; but security crime is associated with the intention of the perpetrator. Criminals of security and political crimes are dealt with according to the constitution of every country, but is the prevention and combating of these crimes in interaction with human rights or in opposition to it? Considering the fact that the intention of criminals in political crimes is different from security crimes, therefore, in distinguishing between political crimes and security crimes, interactions related to human rights should be observed; in the Universal Declaration of Human Rights of the United Nations, the freedom and security of individuals have been considered as one of the basic and justice-oriented human needs for life. While examining the challenges in the detection of political crimes and security crimes, the present article deals with the interpretation of the interaction of legal rules related to political crimes and security crimes with the International Human Rights Organization, and by revealing its dimensions, it takes effective steps in recognizing political and securiy crimes and provides solutions to the challenges related to it.

Article Details

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Articles
Author Biography

MILAD RAHMATIVAND, REZA NIKKHAH SARNAGHI, SIAMAK JAFARZADEH

MILAD RAHMATIVAND1, REZA NIKKHAH SARNAGHI 2, SIAMAK JAFARZADEH*3

1Graduated in Criminal Law and Criminology, Department of Islamic law and jurisprudence, Urmia University, Urmia, Iran

2Assistant Professor, Department of Islamic law and jurisprudence, Urmia University, Urmia, Iran

3Associate Professor, Department of Islamic law and jurisprudence, Urmia University, Urmia, Iran (Corresponding Author)

 

References

Abul-Fazl Chehrei, Omid (2020) The concept and juridical and legal nature of extreme crimes against security and sovereignty (Moharibeh, Corruption in the Earth, Baghi) Publications: Kitab Ava.

Ahmadi Mohed, Asghar; Kordalo, Elham (2015) Basics and political and criminological measures of crimes against the country's security, thesis, Islamic Azad University, Central Tehran Branch, Faculty of Law and Political Sciences.

Barbara Ann Ban off & Christopher H. Pyle, To Surrender Political Offenders’: The Political Offense Exception to Extradition in the United States Law, Ames, 1984 ,pp: 169, 173.

Beygzadeh, Safar (2011), Law writing style book, Tehran, Islamic Council Research Center, third edition.

Darvishi, Babak; Kazemzadeh Nazari, Fereshte. (2018). Legal analysis of the challenges of supervision of the Speaker of the Islamic Council on the approvals of the executive branch, Administrative Law Quarterly (Scientific-Research), Year 6, Number 17.

Davoudi, Hamidreza, Bakshaish Ardestani, Ahmad, Arabian, Asghar (2019) Investigating the legislative and regulatory roles of the Islamic Council and its role in the model of good governance, Islamic World Political Research Quarterly, 9th year, 3rd issue.

Defense rights of the accused in security crimes (terrorism) in Iranian law and international documents, Research of Nations No. 52.

Emami, Seyyed Hasan (2007), "Civil Laws", Tehran: Islamic Bookstore, vol.7

Emami, Seyyed Hasan (2008) Constitutional Rights and Commentary and Criticism of the Constitution, Tehran, Sarmadi, first edition.

Gholami, Rezini, Gholami, Ehsan (2020), comparative analysis of the legislative criminal policy of Iran, France and England in the field of police and citizen intervention in visible crimes, International Police Studies Quarterly, Volume 11(42)

Ismailpour, Hamed, Shariat Bagheri, Mohammad Javad (2014) Exploring the concept and position of the right to freedom and personal security, Judicial Law Journal, 1986 (78).

Kohi Esfahani, Kazem (2012) The jurisdiction of the Islamic Council in the matter of legislation; Absolute or binding, public law reviews, first year, number 2.

Mehra, Nasreen (2007), Justice System of England and Wales: Policy and Procedure, Fiqh and Law Journal, No. 4(16).

Mir Mohammad Sadeghi, Hossein (2013) Exclusive Criminal Law 3, Tehran, Mizan.

Mohammad Panahi, Mustafa; Pourghahremani, Babak; Beigi, Jamal (2021) Comparative study of the right to security and its human rights challenges in the criminal policy of Iran and the United States, Iranian Sociology Quarterly (article-research), year 4, number 3(15).

Nikkhah, Reza; Abbasi, Sajjad; Alizadeh, Hamid (2021) Prevention of crimes against security in confrontation or interaction with human rights, Scientific Quarterly Journal of Social Security Studies.

Peivandi, Gholamreza (2003), Political crime, Tehran: Research Institute of Islamic Culture and Thought.

Pir Ali, Mustafa (2016), political crimes from a jurisprudential-legal point of view with a look at the political crime law approved in 2016 (with an emphasis on baghi crime), Journal: Intelligence and Criminal Research, Volume 14, Number 2.

Sayah, Ahmad (1998), the modern comprehensive culture; Tehran: Islam Publications.

Shirkash, Maitham; Rezaei, Sadegh; Karimi Khoigani, Ruhol Elah, Adibi; Azam and Rezaei, Ruhollah (2018) Intelligence strategies of Imam Ali (a.s.) during his rule, Intelligence and Criminal Research Quarterly, 13(49). http://icra.jrl.police.ir/article_18840.html

Soleimani Maimandi, Najmeh; Rooh Al-Amini, Mahmoud; Aminizadeh, Mohammad (2020)

Taghizadeh, Javad; Banshi, Hassan (2015), The Limits of the Jurisdiction of the Islamic Council in the Position of Interpreting the Law from the Guardian Council's Point of View, Knowledge of Public Law, Year 4, Number 12.

Van den Wijngaert Quoted by: Vincent DeFabo, Terrorist or Revolutionary: The Development of the Political Offender Exception and Its Effects on Defining Terrorism in International Law, American University National Security Law Brief, 2012,Volume 2 , Issue 2.

Velayati, Faizeh, Samra Ruhollah (no date) Investigation of Political Crimes in International Human Rights, 6th National Conference of Modern Studies and Researches in the Field of Humanities, Management and Entrepreneurship of Iran.

Waziri, Majid and Mohammadi Belban Abad, Jabar (2018) Examining the crime of baghi in the jurisprudence of Islamic schools and its application to the Islamic penal laws approved in 2013 and political crime, Fiqh Magharen, 6(12) http://fiqhemoqaran.mazaheb.ac .ir/article_85814.html

Wehbi, Zahra; Razmi, Arash (2022), the position of British security agents in the detection of crimes, Legal Journal of Civilization, Volume 5(12).

Yazdian, Mohammad Reza (2009) The position of security in the fundamental rights, Tehran: Gerayesh.

Zimmerman and Wennholz, ‘Article 1F (1951) Convention’ in Andreas Zimmerman, The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: A Commentary (Oxford University Press, 2011) 579, 598; UNHCR, Background Note on the Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees (4 September 2003).