Compensating The Damages Caused By Wrongful Convictions In a Comparative Prospective; Not Only in Theory But Also In Practice

Notwithstanding all the existing safeguards and preventive measures, in many cases, criminal justice systems do in fact punish the innocent. The Article deals with the issue of compensating those who, while having been wrongly found guilty by a final judgment of the judiciary, are nevertheless subsequently exonerated as innocent people and found to be victims of a miscarriage of justice. After considering the relevant provisions in international instruments as well as a number of foreign legal systems, the Article examines the existing provisions in the Iranian legal system. We find that, despite clear guidance in the Islamic jurisprudence and in violation of the Iranian Constitution and Iran’s international obligations, there are major shortcomings in current legislation, impeding the actual process of examination of claims and of paying due compensation to the victims of wrongful conviction by the State. In order to overcome the said problems, we propose that the responsibility of the State be recognized for all the damages suffered by the victims, and that the concerned compensation be promptly made from the public treasury, whether or not any public official or third party may be liable for causing the wrongful conviction. After paying the damages, the State will have of course the option to bring a claim against any faulty person or official. Our proposal does not violate any provision of the Constitution, since according to which faulty judges are to be held liable, does not necessarily mean that the victim has to bring a claim against the concerned judge, but instead, can also be interpreted to include the liability of the judge to the State. Moreover, we propose that in order to facilitate and accelerate the procedure for just compensation of the wrongfully convicted, further appropriate measures be taken, which shall include revision of Article 30 of the Act of Supervision of Judges’ Behavior (2011).