Head of the Judiciary: All legal capacities must be utilized to resolve the status of insolvent prisoners unable to provide restitution or pay debts

According to the Media Center of the Judiciary, Mohseni Eje’i, continuing his series of specialized, issue-oriented meetings on major topics and pressing challenges facing the judicial system, once again convened a session on “organizing prisoners and reducing the prison population,” attended by relevant judicial officials.

In his remarks at the meeting, the Head of the Judiciary once again referred to the situation of insolvent prisoners and convicts unable to pay their debts. While expressing appreciation for the judicial officials of Tehran Province, including the Chief Justice of Tehran and the Tehran Public and Revolutionary Prosecutor, for their efforts to determine the status of this group of prisoners and convicts, he said: The issue of convicts who have completed their prison sentences but remain incarcerated because they have been unable to secure the consent of private complainants and provide restitution is a complex and difficult problem.

He added: In some cases, an individual has committed a crime and served their punishment in prison, yet is incapable of providing restitution—whether by returning the original property, providing an equivalent, or paying its assessed value—and therefore cannot obtain the consent of the private complainant and is forced to remain in prison. This is among the challenges facing the judiciary that requires urgent and fundamental measures.

The Head of the Judiciary continued: There are individuals for whom more than ten years have passed since the end of their sentence, yet they remain imprisoned because they have been unable to provide restitution and obtain the consent of private complainants.

He emphasized: To determine the status of insolvent prisoners unable to provide restitution or pay debts, all legal capacities must be employed, and, where possible, new initiatives should be introduced through appropriate measures and innovations. It may be necessary in this area to amend laws and reform procedures; therefore, the necessary studies and research must be conducted.

Mohseni Eje’i further referred to the significant and valuable capacity of philanthropists, stating: Philanthropists represent a very large and valuable resource for the restitution of property and payment of debts of insolvent prisoners. However, it must be noted that utilizing this capacity involves certain considerations and consequences. First, some philanthropists may fundamentally oppose assisting financial offenders and may not allow their funds or aid to be allocated to this group of prisoners, preferring instead to help only prisoners convicted of unintentional crimes. On the other hand, some individuals may merely pose as philanthropists and do not truly fall within that category, pursuing other motives and objectives through assistance to insolvent prisoners.

The Head of the Judiciary also stressed the protection of the rights of complainants in cases involving insolvent prisoners, stating: We strongly emphasize that, in determining the status of insolvent prisoners unable to provide restitution or pay debts, the rights of complainants must not be ignored. Rather, every effort must be made to ensure these rights are fully realized. In some cases, a complainant may claim that the prisoner’s assertion of insolvency is false and that the convicted individual (the prisoner) possesses financial means and solvency. In other cases, it may be alleged that the insolvent prisoner has transferred assets into the names of relatives, and so on. In any event, in such cases, the relevant judicial authority must conduct comprehensive and precise investigations and prevent the violation of complainants’ rights.