Payam Akhavan
Distinctions between Punitive and Restorative Justice
Shadi Manesh
The Role of Transitional Justice Actors and the Importance of Building a Unified Community
Reza Khabook
The Need to Pay Attention to the Pillar of Guaranteeing Non-Repetition and its Challenges in Iran
Raha Bahreini
Contributor
Moderator: Shadi Manesh
The panel on “Transitional Justice” featured three speakers, Payam Akhavan, Shadi Manesh and Reza Khabook, along with contributions made by Raha Bahreini, who collectively explored the critical components of transitional justice in the context of Iran. The discussion centered on the roles of various stakeholders, the importance of building a unified society, and the necessity of ensuring non-recurrence of past injustices to shape a more democratic and just Iran.
Payam Akhavan: Distinctions between Punitive and Restorative Justice
Payam Akhavan explores transitional justice as an essential path toward reconciliation, healing, and societal transformation. He emphasized that achieving justice after systematic, state-sponsored crimes requires a nuanced approach beyond punitive measures alone, one that reckons with the past to build a new foundation for the future.
Akhavan began by highlighting the core purpose of transitional justice: to create a society that no longer echoes past abuses. With over 35 years of experience in diverse global contexts, he explained that each country’s path to justice must be uniquely tailored, as there is no universal formula for healing deep societal wounds.
While criminal trials serve an essential role, Akhavan argued they fall short in addressing the full impact of systematic crimes. Such trials can only prosecute a limited number of perpetrators and often focus solely on their guilt or innocence, neglecting the broader suffering endured by the victims. Criminal justice, he noted, is just one piece of the larger puzzle in addressing state-sponsored crimes, where entire communities bear the trauma.
Akhavan called for a shift from punitive to restorative justice models, such as truth commissions, which prioritize the voices and stories of victims. Through restorative justice, victims can share their lived experiences, revealing the human side of suffering that data alone cannot capture. He emphasized that giving a grieving mother the opportunity to speak about her loss is as crucial as determining guilt or innocence. In a future Iran, he suggested that a truth commission could provide an essential platform for these testimonies, making space for collective healing.
For Akhavan, the goal of transitional justice extends beyond punishing individuals; it is about educating society and shifting cultural values. In a criminal state where acts like torture and murder may be normalized or even celebrated, the challenge is to dismantle these harmful perceptions and promote empathy, respect, and human dignity. By exposing the truth of past atrocities, society can begin the complex process of moral transformation, fostering a future where such abuses are neither repeated nor justified.
Akhavan concluded with a hopeful perspective on the role of transitional justice in laying the groundwork for long-term change. He acknowledged the magnitude of the task but stressed that exposing the truth and initiating dialogue about accountability are essential first steps. These efforts plant the seeds for a future where justice and reconciliation are not only possible but are integral to a stable and just society.
Key Action Points for Transitional Justice
- Exploring a Truth Commission for Iran
Akhavan proposed the potential establishment of a truth commission in Iran to provide victims with a voice. This platform would allow people to share their pain openly and honestly, shifting the focus from solely prosecuting perpetrators to a broader narrative of shared healing. - Comprehensive Transitional Justice Plan
A well-rounded plan is crucial, one that prioritizes education, truth-telling, and a shift in societal values. Such an approach would ensure that justice is not just about punishment but also about fostering a culture where human rights are respected and protected. - Continuous Dialogue on Accountability
Ongoing conversations about the importance of accountability will reinforce the role of transitional justice in shaping Iran’s future. Akhavan encourages an inclusive discussion that highlights the necessity of addressing past wrongs to build a society grounded in justice and integrity.
Akhavan’s address reminds us that transitional justice is a multifaceted journey. By focusing on truth, healing, and transformation, societies emerging from systemic injustice can lay the foundation for a future that upholds human rights, dignity, and accountability.
Shadi Manesh: The Role of Transitional Justice Actors and the Importance of Building a Unified Community
Shadi Manesh’s presentation focused on the diverse roles played by different stakeholders in the process of transitional justice and how these roles intersect to facilitate national reconciliation. Transitional justice refers to the methods and strategies used to address historical injustices and human rights violations while promoting healing and unity in societies transitioning from authoritarian rule or conflict.
In Iran’s context, the process of transitional justice involves a wide range of actors, each contributing in unique ways to addressing past grievances. These actors include human rights advocates, journalists, legal experts, political activists, artists, educators, healthcare professionals, and digital influencers.
Manesh emphasized that the combined efforts of these stakeholders are crucial for documenting human rights violations, advocating for victims’ rights, educating the public, and promoting healing and dialogue.
She explored real-world scenarios, detailing how these various actors navigate the challenging Iranian landscape. For instance, human rights advocates and legal experts play a key role in documenting violations, while journalists and educators inform the public about the importance of justice and reconciliation.
Healthcare professionals provide support for victims of trauma, and digital influencers help amplify the voices of marginalized groups through social media platforms. Manesh highlighted the synergies between these groups but also pointed out the tensions and conflicts that may arise due to differing approaches or objectives. These dynamics ultimately shape the success or failure of transitional justice efforts.
A key takeaway from Manesh’s analysis is the potential for effective collaboration between these diverse actors, despite the political and social limitations they face. She underscored that only by working together can these stakeholders overcome the challenges and achieve meaningful justice and reconciliation in Iran.
Reza Khabook: The Need to Pay Attention to the Pillar of Guaranteeing Non-Repetition and its Challenges in Iran
Reza Khabook’s presentation focused on the critical importance of the “guarantee of non-recurrence” in the transitional justice process and the challenges Iran will face in achieving this goal. The events of recent years, particularly the protests following the “Women, Life, Freedom” movement sparked by the death of Mahsa Amini, have highlighted the urgent need for political and legal reforms in Iran.
As the Iranian society stands on the brink of significant political and legal changes, the focus of the recent protests has been on building a future Iran based on principles of human rights, democracy, and the rule of law.
One of the central concerns for Iranian society, as observed through recent movements, is how to address past human rights violations, disregard for the rule of law, and other systemic abuses that have occurred over the years.
According to Khabook, these concerns make transitional justice a highly relevant issue for Iran’s future. He argues that while the components of transitional justice, such as the right to truth, justice, reparations, and memorialization, are essential, they are not sufficient on their own.
A key element that cannot be overlooked is the guarantee of non-recurrence, which ensures that the human rights abuses of the past are not repeated.
Khabook draws on the lessons learned from the Arab Spring to highlight the importance of this guarantee. He explains that focusing solely on truth-telling, justice, reparations, and memorialization, without ensuring systemic changes to prevent future abuses, can ultimately lead to the failure of the transitional justice process.
The guarantee of non-recurrence, he notes, requires addressing three key areas: political structural reform, changes in social and cultural institutions, and reassessment of the military and administrative forces.
His analysis emphasizes that in the Iranian context, building a democratic system based on constitutionalism, democracy, and human rights is vital for ensuring that the past is not repeated.
However, Khabook also points out that Iran faces significant challenges in implementing these changes due to its history of authoritarian military rule, the absence of strong political and social organizations, and widespread public distrust in the political and bureaucratic structures. These obstacles make the process of ensuring non-recurrence particularly challenging.
Khabook’s presentation stressed that while Iran’s future holds the potential for significant transformation, careful attention must be paid to institutional reforms. Without addressing these structural issues, the transitional justice process in Iran could fail to bring about the lasting changes needed to prevent a recurrence of past abuses.
The panel on “Transitional Justice” provided a nuanced understanding of the complexities involved in the transitional justice process, especially in a country like Iran, where historical and systemic abuses have left deep scars on society.
Shadi Manesh highlighted the importance of the diverse roles played by various stakeholders in achieving national reconciliation and justice. By documenting violations, advocating for victims, educating the public, and promoting healing, these actors can work together to build a more just and unified society.
Reza Khabook, on the other hand, focused on the critical need to ensure non-recurrence of past abuses. He pointed out that while truth-telling, justice, and reparations are essential components of transitional justice, they must be complemented by political and institutional reforms to prevent future violations.
Drawing from the experiences of other countries, Khabook emphasized that the Iranian context presents unique challenges that must be addressed if transitional justice efforts are to succeed.
Together, these insights underscore the need for a comprehensive approach to transitional justice in Iran—one that not only addresses past grievances but also ensures the creation of a future where such injustices are never repeated.
There was also a question and answer session with Raha Bahraini.
