Is the Dismissal of a Complaint by the Specialized Board of the Administrative Court of Justice the End of the Road for the Plaintiff?

A major legal question that has occupied my mind for a long time concerns a specific procedure within Iran's legal system. In Iran, the Administrative Court of Justice is the supreme judicial body where citizens can challenge and seek the annulment of government decrees or regulations. Before reaching the highest level, cases are reviewed by a Specialized Board (a preliminary panel). The question is: If a citizen's complaint against a government decree is rejected by this Specialized Board, does the plaintiff (the citizen) have the right to appeal this decision?

At first glance, the answer seems to be "no."

Why? Because Article 84, Clause "B" of the Law of the Court of Administrative Justice explicitly states that the rulings of the Specialized Boards "...can be appealed by the Chief Justice of the Court or by ten judges of the Court." This article makes absolutely no mention of the "plaintiff." Consequently, the practical, everyday procedure of the Court is based precisely on this omission.

But is this interpretation fair?

Is it logical that in a legal proceeding, one party to the dispute (the plaintiff) is deprived of their most fundamental right—the "right to appeal"—simply because the legislator remained silent on the matter?

I have a different answer to this challenge.

I believe the legislator's "silence" in this article does not mean a "deprivation of right." Based on general legal principles and by invoking other statutory articles (including Article 122 of the Court's Law and Articles 331 and 335 of the Iranian Civil Procedure Code), one can prove that the plaintiff also has the right to appeal these rulings.

I have detailed this exact argument in a recent appeal petition I drafted. Now, we must wait and see what the reaction of the esteemed Chief of the Administrative Court of Justice will be to this appeal! 😅 I will be eagerly waiting for the answer.

Addendum: Because some friends asked, I felt it necessary to provide further clarification for those unfamiliar with the process. In the current procedure, appealing the rulings of the Specialized Boards falls under the exclusive jurisdiction of the Chief Justice or 10 judges. This means ordinary citizens have to beg them to exercise their right to appeal on the citizen's behalf. However, in my view, the plaintiff themselves has an equal, parallel right to appeal alongside the Chief Justice and the 10 judges. Therefore, in my opinion, the citizen's petition should be sent directly to the General Board (the highest decision-making body of the Court) for a final ruling. Now, let's see if it actually gets sent or not! 😬

Written by Reza Bastani Namaghi