Arbitrary Arrest by Police or Authorities

A Legal Guide to Complaints, Compensation, and Protection of Civil Liberties in Iran

Introduction

What Is an Arbitrary Arrest?

According to Article 32 of the Iranian Constitution and Article 570 of the Islamic Penal Code: No one may be arrested without a legal warrant or valid reason. 📌 If an agent detains someone without proper authorization, for personal motives, or outside legal procedures, it is a criminal violation.

Common Examples of Arbitrary Detention

Arrest without a judicial warrant (e.g., police without judge’s order)

Continued detention after the legal deadline

Detention due to personal grudges or fabricated charges

Holding the accused in unauthorized or secret locations

Arrest without explanation, warrant, or identification by the officer

Legal Rights of Citizens in Such Cases

The right to be informed of the reason for arrest

Who Can Be Held Responsible?

If arbitrary detention is proven, the following may be liable: • 🔻 The arresting agent (police, security, or judicial officer) • 🔻 Supervisors who ignore or allow the abuse (e.g., warden or investigating judge) 📜 Under Article 570 of the Penal Code, violators may face imprisonment, dismissal from public service, and liability for damages.