Iran's Legislative Criminal Policy Regarding the Prohibition of Witness Information Disclosure in Comparison with the Rome Statute of the International Criminal Court

Abstract

Testimony is a religious obligation and a manifestation of civic participation in the administration of justice. Providing testimony may expose individuals to threats, endangering their security and that of their relatives and close associates. Therefore, in the domestic laws of many countries, protection against such threats is recognized as a fundamental right. One protective measure is ensuring the anonymity and confidentiality of witness information. This study aims to examine this protective measure in Iran's legislative criminal policy in comparison with the provisions outlined in the Rome Statute of the International Criminal Court. This research employs a descriptive-analytical method and is practical in its objectives. The research methodology is document-based and library-oriented. Measures related to the prohibition of witness information disclosure and maintaining their anonymity are considered in both Iran's legislative criminal policy and the Rome Statute. The Code of Criminal Procedure (2013), the Islamic Penal Code (2013), the Fourth Economic, Social, and Cultural Development Plan of the Islamic Republic of Iran, the Charter on Citizens' Rights, the Executive Regulation on Witness and Informant Protection, and the Executive Regulation of the Law on the Establishment of the General Inspection Organization are among the most significant laws and regulations in which the prohibition of witness information disclosure has been supported by Iranian lawmakers. In the Rome Statute, provisions for the prohibition of witness information disclosure are mentioned in articles... . An analysis of the actions and measures outlined by the Court reveals various mechanisms to prevent the disclosure of witness information. These include testimony through remote communication tools, non-disclosure of witness identities, testimony in chambers and closed sessions, and others. Among these mechanisms, the closed testimony of witnesses during preliminary investigations, testimony through electronic tools, and the necessity of ensuring their security and preventing threats are emphasized in Iranian law to counteract witness information disclosure. However, other mechanisms, such as altering identity documents, are not provided.