Place of Human Munificence in citizen law as a need to damage compensation of non-criminal jailors

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1 International Research Journal of Applied and Basic Sciences 2013 Available online at ISSN X / Vol, 7 (7): Science Explorer Publications Place of Human Munificence in citizen law as a need to damage compensation of non-criminal jailors Mohammad Ghaffari 1, Jaafar Ghaffari 2, Alireza Hossein Zadeh 3 1. Faculty member, Department of Theology and Islamic Sciences, Payame Noor University (PNU), I.R, Iran 2. Master of state administration and lecturer -Islamic Azad University-Tehran Markazi Branch 3. Master student of Administration -payam noor University Corresponding Author jaafar_ghaffari@yahoo.com ABSTRACT: The fulfillment of citizenship rights in the concept of civil-political law and the obligations that should be considered by all members of a society not only formally but also as a reality of life will be realized when all members of the society have all civil and political rights. The evidence of these rights can be observed in the universal declaration of human rights and European convention on human rights. Therefore, for citizenship to have a real nature and meaning, the citizens should be judged on the basis of objective and clear criteria. Moreover, citizenship basically is a right which produces other rights for a citizen. Dignity of human being as the supreme creature and the agent of God on earth- regardless of apparent differences is an important issue in the citizenship rights. Realization of this demand requires supervision of the judiciary which is responsible for restoring order and security and considering citizenship rights in different aspects of human life including taking into account the governing principles of criminal law such as the prohibition of torture and arrest and the necessity of compensation for the damage to the innocent accused people in the judiciary system by following principles like quittance. This paper examines the position of dignity of human being in rights of citizenship act passed on 15th Ordibehesht 1383(4 May 2004) and its prominent instance (the necessity of compensation for damage to the innocent prisoners). Key words: citizenship rights, compensation for damage, innocent prisoners, human dignity, temporary arrest INTRODUCTION In spite of act 18 legislator declination of jail period caused by temporary arrestment of jailors for courts defined as a rule nevertheless there is a challenge as a result of courts that if juristic position based on current regulations and to arrest a accuser according to the acts 33 or 35 of judicial crime regulations or other related rules in temporary arrestment due to true involve accusation by temporary arrestment but after days it is being proved that accuser is non guilty according to the précised research of documents and evidence. During the time that non guilty accuser arrested according to the temporal arrestment is not only extortion in portion of accuser and makes public thought disappointed regarding to the court action and justice concept but it make a challenges in human munificence regard which is considered several times in international references according to the human rights and citizenship rights. Therefor non guilty accuser compensation or noncompensation of damage regarding to the accuser temporal arrestment by autonomy has been considered in this research. In this research addition to the definition of citizenship concept, it is considered the human munificence and its principles in citizenship right law then it is analyzed agree and disagreement in non-guilty jailors damage compensation. It is added that non guilty jailors in this paper includes whom arrested temporary or during a law but their non-criminality has been proved after all by the different ways such as judge return or précised research of non-guilty documents. FIRST DISCUSSION concept and historical process of citizenship Citizenship concept notes to the civil and political law and responsibilities that all member of a society should have not only officially but as a one of the life reality in spite of several definitions can be said that

2 citizen concept will be appear when all member of the society include in all civil and political rights also have access easily to the life opportunities in case of social and economic aspects. ( indeed citizen right includes of three generation of human rights that is considered in doctorate level these three generations include of civil, politic and socioeconomic and right (hoghough85.blogfa.com). Citizen concept is the discussion which is proposed just in democratic society by the meaning of Marshal because these societies considers human wants in otherwise in despotism power the meaning of the citizen concept make no sense because all decisions made by the power of the society and based on the special people decisions. Therefor for a implementation of the citizen rights there are two clause: 1. Government should be democratic because there is no citizen for despotism power the citizen are mostly peasant. 2. Civil society should base on the principles by the meaning of that government is reliable support of citizen rights and responsibilities. The important issue of citizenship concept research is that citizens as a member of the society are participate in different domains and in case of their rights have some responsibilities regarding to the good governance of the society and performing of the rules. Citizen rights in case of Islam also as a religion which has been considered human wants and wishes are clear than other cases, Islam as an overall religion has indicated all dimensions of the human lives therefor Islamic rules are as a reach sources in codification of regulations in form of human welfare and creation of secure society in dimension of citizen rights in Islam there is an attention to the human munificence as a valuable creative regardless of skin color or position. Citizen idea is one of the internal logic that says its benefits should be general and public same. Citizenship yet beside of some imposed regulations there is some rights too but this citizenship right causes other right for citizen. Of course value and validity of the citizenship right cannot be same all the time and in some cases such as war based on unwanted reasons value of citizen right has little variations that it is clear. In deed it could be concluded that base of citizenship right is equity of people in the law according to the Goran miracle the people preference is virtue and except this Goran did not accept any other preferring for others. Iranian base law as a national promise in several principles indicated on equity as a basic of citizen right that noted in twenty two, thirty two and hundred one and other principles which legislator forbid any attack on human body and freedom and indicates in damage compensations. SECOND DISCUSSION historical comparison process of citizen right in Iran In case of human right can indicate France human and citizenship right in year 1789 and France basic law in year 1791 as a basic of national governance and transferring of power from king to the citizen which had allocated prominent place in eighteen century revolutions. In deed in recent view of governance concept peasant means citizens and besides obligations and responsibilities has been gotten some rights too. Therefor eighteen century can announce a transferring from power towards law which is in the result of power accept ion of governments and human rights need "third republic of France". Afterwards due to world war victims, there was an international human right legislation in year 1948 which clarified citizenship rights so that itself was a base of contracts and most of the agreements toward effort to maintaining of citizen rights in governance.( that step by step public freedom concept appeared as a citizen needs in front of public power and composed by citizen rights so that it included of liberal statement, newspapers and liberality in different dimensions aspects. Iran as an Islamic country based on Islamic ideology considered in the international society level and incase of religion lessons repeatedly indicated citizen munificence which has important notes regarding to the citizenship rights according to the Imam Ali s speech can find citizenship right. Imam Ali in part of his letter to Malek indicated that: open your heart to the people full of kindness and friendship and never be like a harmful animal with them because people are two groups some are you religion s brother and the others are as same as you in creative. These beautiful words shows human equity which is first and efficient statement of human and citizen rights in spite of pontificates statement regarding to the human rights Iran like other countries around the world and in form of several contracts is not behind in codification of citizen right law. Human or citizenship rights in Iran back to the one hundred years ago. From the time of civilization in Iran which respect to the citizen right starts from constitutional revolution and gently developed until now and never stopped any time. The importance of the citizen right is as much that Imam Khomeini in year 1982 act eight of his command indicated efficiency and necessity of citizen right. He is emphasized that: it is not acceptable that there happen some injustices things to somebody by the name of evolution and there appear some act against Islamic religion and ethics from whom are unattended to the ideality. People should feel safety and security. Actually research on the citizenship right shows that ancient Iran was as maintenance of the citizen rights in the world for example Circus king of ancient Iran indicated on discussions such as prevention of slaveholdings, generation destroy, attention to the slave rights and equity of people in front of the law. But during Iranian kingdom times there were no effects of citizenship rights except during Naseradin Shah which Amir Kabir ordered that even in the literature except the statement of Hafez 434

3 Poetry there were no other issues regarding to the citizen rights. In spite of significance of the citizen rights in framework of people rights in basic law according to the judicator manager in date 2004 statement based on necessity of citizen rights in the courts and following it the approval of citizen right law in date 2004 shows the efficiency of this issues. It is implementing by offices, organizations, justice and lawyers in the most cases citizen right proposed as a statement and its performance prepared in act 570 to 575. THIRD DISCUSSION citizen right principles It is clear that to develop sciences during the time should maintain data based on some principles and basics and try to empower it. The citizen right will be improved when it is based on some principles. The following sentences show the differentiation of citizen rights in Islam and in the west. First part: Base of citizen right in the west legality freedoms in the west are defined based on the liberalism. Therefore liberalism concept is explained by willing. So that European after the pressure of perverse churches and violation tried to define basic of the right by indication of natural rights. So human by his abilities can have access to these rights. But in spite of this natural right, this right has been defined in the law therefore it would be performed. The other vision of the right is the assumption of the right. In this case, the creation of the power needs the mature s agreement. Although this contract has been considered as a hypothesis and not happened in the reality. The government empowered and the people is based on this agreement therefore people do not have absolute rights and cannot create the absolute governor or government too. Therefore if government goes over the rules and break people rights will lose its legitimation. This idea is an ongoing process in the international law. Based on that, the need for human rights and related documents will achieve by acceptation of the governments and there is no other option except national right and governmental voluntary. But basic problem in this case is that it cannot establish fundamental right which is not in framework of time and place. Additionally people cannot withdraw of their rights and others do not have right to get these portion which did not considered in western law. Second part : basic of citizen right in Islam One of the important lessons of common religion base is human munificence because these prevent one from the guilty and oppress on other's right because the solution of the human difficulties are religion options. Some of the human right can prove by human nature needs toward opposite side and need to make a family can be an issue to get these rights. The aptitude in human also can encourage for this issue too. Islamic orders notes that you are not save from the person who do not have any munificence feeling inside or the other statement indicates that the person who feel munificence do not make a fault. Basic of right in Islam is the humanism and worldly wise that if these do not consider there will be no statement, no knowledge and there is no implementation of the statement. Human responsibility in front of holy god and thralldom relationship in definition of ones limit is very efficient but prove of common right for all people of the society needs prove of common reality of these people. When the majority have power in the human thought definition of the common limit is not simple and cannot approve same right for all. Nature or mettle concept in Islam has perfect meaning to express common human limit. Mettle in the special meaning faces to the nature. Islam gives gentility to the sprite by acceptation of two dimensions of nature and spirituality. Mettle or nature in this meaning holds out Holy Spirit. Human spirit will be valuable with holy god spirit. Mettle is a same between people that lead them toward climax and reality and it is a human comprehensive reality. Based on mettle opinion human has trends and understanding naturally. Therefore it cannot seem that human are empty dishes. Mettle has main characteristics that are sufficient for access to the citizen or human right through that: first: it is general or public which all the people except of religion or government can have an access to it. Second: it is non-acquisitive and all the people carry it from the first time of birth. Therefore there is no need to special introduction and any condition for prove of it. Human could reach to the perfection and this will achieve by authority or liberty in selection of way and toward perfections. According these subject basic of the right in Islam is mettle or nature. Of Course, its portion in human right is not same and the mettle has more values which cause ability in human to reach perfection. ( FOURTH DISCUSSION Human munificence and citizen right Human munificence efficiency in this research is that Islamic lesson as a base of governmental statement considered human munificence as a base of right. Human munificence is one of the important 435

4 subjects in case of humanism which can find in Islamic religion, Goran and profits commands. In case of literature most of the lexicographers translated munificence as honor and honorability against lowness and poverty. The distribution of munificence meaning is as much that includes most of the wellbeing and goodness so that it can be said that respect is in the meaning of the word. The efficiency of munificence concept is so much that holy god call himself in highest level of munificence in Goran (Alag 3). On the other hand except human dichotomy position in Goran miracles the values of the human is so that can be achieved highest munificence (Asra 70). In declaration of human munificence can be said that humanity in form of right is respectful that can be expect from the others and in case of ethics also one should never lose such a position. (Nobahar, 2005). this efficiency not only are in Islamic lessons but are in other religions too such as human munificence mostly indicated in human rights statement which shows human munificence is based on human natural rights. It means that human are respectful just because of humanity not just because of skin color, wealth and this is the value that holy god directly gives to the human. (Asra70). As base of human munificence is from holy god therefore human munificence should be as a holy object to arrange it in all behaviors. One of the dimensions of human munificence in the societies is considering the right and citizenship option by the society. It is clear that the amount of the liberality is back to the government. The government with respect to the people and democratic gives more rights to the citizens and the personal right has a priority whereas in the despotism countries personal right does not have any place although it seems that they have more respect to personal rights so it causes difficulties for the citizens. However these issues in such countries did not implemented and just is written. One of the famous human munificence in judicial frame is attention to the citizen option. Security of citizen from any attack, protest option, access to the lawyer, right to meeting family, respect to the accuser defense right, prohibition of more than twenty four hour arrestment by the police,..can be inform of citizen right. According to the mentioned subjects can be said that human munificence are implementing during judicial trials. Of course the range of respect to the accuser is not the same in all the training and Islamic religion in spite of recognition of human munificence has been considered it when accuser did not act guilt. JURISCONSULT s explanation regarding to the some punishment is as same because accuser due to cruel behavior against other person is not respectful any more but Iranian legislator in act thirty nine defines range of limitation for accuser. In this regard, different regulations such as criminal order law also either recognized some rules based on justice trial or forbid some injustice trial through illegal options. But some ideology s visions when accuser acts a fault, it should be attention to human munificence as a creative man based of this ideology in some countries body punishment is forbid and there is more concentration on jailor s punishment and definition of statements and to monitor operator s behavior with jailors for returning accuser to the society again. (Ardebili, 2006) therefore recently attention to the citizen right in Iran in spite of historical background is important issue in the judicial strength (trial) and judiciary based on th is according to the judicial manager statement in date 2006 that emphasized on the efficiency of citizen right in trial and following that there was citizen right approval in date 2006 which brings citizen right in Iran to the new dimension. FIFTH DISCUSSION Citizen Rights and damage compensation Concept of the citizen right is respect to the people right in the society. So citizen right phrase cannot be a new subject in addition to the conceptual vision. Because before that in the Islamic republic law other common rules such as Islamic punishment and even eight command of Imam in year 1981 indicated on the citizen rights but the citizen right word for a fist time in 2004 in case of respect to the citizen right comes to the law literature. The introduction of act 14 notes that : as human munificence and values and respect to the lawful liberty(option) and citizen right and to follow Islamic principle and values are the responsibility of judicial authorities, Police and security information in the country. One of the citizen right dimensions that are due to citizen right principle (same value of citizen in the law) could be proposed in case of damage compensation. Attention to the same right for all citizen principle and its background shows that in form of respect to the human and to prevent injustice trials assumption is that all the citizens are non-guilty unless crime based on the justice judicial trial proved by the sufficient judge so that accuser turn to the convict. On the other hand same right for citizens principle indicate that if someone cause in others property, prestige or physical damages should improve it as same as before again and bring the system to its previous situation. The religious lessons in these regards indicate on compensation of damage and observe compensation principle in respect to the human munificence. But in case of possibility for damage compensation the people who for unclear reasons from first time of trial have evidence for his accusation and based on this are arrested but afterward has been considered as a non-guilty person could be compensated for damage but there are some opposition in point of view so judicial come in a fundamental challenges in national and international level. Therefore in next 436

5 discussion paper will consider history of damage compensation in case of agreement and disagreement on these issues. SIXTH DISCUSSION Historical Process On Damage Compensation Due To Temporal Arrestment Before illustration governments did not accept any damage compensation. Attention to the damage compensation backed to the 18 century the time of sixteen lord that king ordered to damage compensation about non guilty accusers (Ashori, 1997). From this time the way of ideology that government pay back damage compensation has been considered and for a first time on the order of the king Fredric in date 15 January 1766 has been approved as a rule. But legislation activities have been developed during year 1900 which can indicate rules in 14 January 1904 in Germany, 1914 Netherland, 1931 Japan, Rule of Austria, Sweden, Romania, Poland, France and Bolivia. These activates after world war II increased in spite of that in all of these countries the damage compensation based on the law but range of support of this compensation was not the same in all countries some of countries such as Germany has been developed its range of supporting even increased the arrestment by the police officers but some of the countries like France, Netherland limited this issue in the temporal arrestment (Ashori, 1994). Range of damage is also different in these countries Germany, Japan and France has been developed this range and increased moral and physical damage compensation. But Netherland right has been considered just physical damages. In most county s rule responsibility of the government has been not accepted but in France during year 1890 government exceptionally accept damage compensation responsibility of non-guilty accuser that it has proved through trial it is not absolutely but relatively has been accepted. By prove of law in date 17 January 1970 in France the legislator has been developed range of damage compensation by the government definition and it is belong to the people who their arrestment prevention has been proved in case that first there was damage during arrestment second the damage has been important one without definition of important damage on the law but obviously can be achieved from justice discussion that prevention of arrestment due to lack of reason and doubt on accuser is outer than damage compensation concept. But nevertheless accept ion of the damage compensation of nonguilty accuser has been gotten in conflict with some general right rules therefore in some countries like Iran according to the human munificence and international human right and civil right definition in 1966 Wien has been accepted. Iranian basic law in principle 32 has been accepted this issue. In case of efficiency of arrestment issue, international organization approved legislation 173/43 in date 9 September 1988 regarding this issue to the governments which in thirty nine parts of principles emphasized necessity of humanity in temporal arrestment. Iran as a member of international organization has been accept this rule (principle) and under this subject has been emphasized on accuracy in temporal arrestment approve in part 15 of citizen right law. One of the important issues of Iranian Islamic republic law in case of human munificence can be find in citizen right law. There is important subject in this law regarding to the human munificence such as legality of law in approve of temporal arrestment, avoid of misuse of the power or avoid of additional arrestment without any necessity, opportunity of take a lawyer for accuser, to inform accuser family, prevention of accuser location in unknown place, prevention of curious in accuser private, to prevent distribution of private family pictures, prevention of excruciate and same cases has been performed.( Following this process respect to the citizen right fourth plan of law in act 100 encourage government to improve human right and personal and social security level so that citizen right approved by regarding references. Additionally according to the act 140 of fourth law plan judicature are responsible for statements in respect to prevent of public option and right limitation and support private adytum such as statement for prevention of public option weakness, statement to improve citizen right and supporting of private adytum, to protect evidence and accuser right and to protect of damaged people ( SEVENTH DISCUSSION Analysis Of Hypothesis About Damage Compensation Due To Temporal Arrestment Of Non-Guilty Accuser One of the human munificence necessitates that and in most countries law has been defined as one of the quietus principle is the human option or liberty legality. Attention to the human option in different dimensions due to human liberal nature has been defined as a principle of political arrangement so that one of the government measuring criteria is respect to the citizen right and options.(jamshidi, 2010), in spite of social theory of Montesquieu recognized individual punishment without attention to the society norm and nowadays this issue defines the governance base but researchers and scientists today negative level of citizens due to extreme crime has been proposed this idea or theory that divestment of individual and citizen option or liberty for creation of rule in the society should be limited and the solution of the punishment and divestment of citizen 437

6 option should stand on last term not as a first and simple way to prevent the crime, because most negative nationals is due to some punishments such as jail and arrestment before approve of statement specially in case that next research prove non-guilty of accuser which is not fixed by principles and cause misunderstanding of justice meaning in the society and finally, people will be disappointed of the judicial and all afford of the official for creation of rules and justice in the society cannot reach to the purpose. In this way also justice causes any damage for others are responsible for damage compensation. Regarding these efficiency the new science proposed by the name of criminology and justice recovery theory which based on it to compensate damage on non-guilt accuser back. One of the human munificence is attention to the accuser right in preliminary inquiry during implementation of trial in the court. To observe quietus principle judge s decision is based on non-guilt accuser and he get out assumption of crime of his mind which can change judge vision. So accuser that still his crime did not approved is not logical to prevent his freedom before his condemnation statement which asks his social position under the question that it will not achieved easily. (Khalegi, 2009). In this regards, in most of the countries special directors considered accuser situation from the first time of arrestment by the police till time of statement performance they also do all the best for implementation of human rights and to prevent overwhelming of accuser right but according to the accuser situation in Iran and regarding to the citizen right which is approved in year 2004 shows definition of the this law create situation for application of accuser right in spite of Islamic and Goran indication on attention to the other people's right but based on this law in the past police officers did not have sufficient behavior with accuser and their believe was that they are suite for these behavior. The important position that defines for accuser and in the most cases it is approve contrary after final consideration is getting accuser in jail before statement issuance. If already the prove of guilt have been on convict it caused death on weak accuser but today temporal arrestment results in quietus judgment or statement approval of crime are less than accuser arrestment in jail. The base of damage compensation due to temporal arrestment results in quietus approval or prevention of pursuit is equity of citizens in front of the law. Equity of citizens in front of the public responsibility causes compensation of damage which causes equity of public responsibility for citizens. Study on International document indicates several examples for citizen rights instance of quietus acceptation, prevention of unknown arrestment and finally damage compensation. In part 9 of act 4 international civil law, part 5 act 19 Islamic human right definition, thirty seven of basic law and act 11 of international human right mentioned quietus base as a first support for accuser right. So there are different effects of quietus base which one of them is damage compensation for jailors who are determined non-guilty person by the government. Act 6 of France human and citizen right definition approved on 1789 manifest that nobody should stand on accuser position and arrested unless it is clear by the law. Therefore the executers perform against law will be punished. Nevertheless non-guilt damage compensation is logically but some of the scientists and researchers are not agree with damage compensation regarding these kinds of people. Here we can concentrate on disagreements with damage compensation to non-guilt jailors in different dimensions. A: in case of opposition with validity of subject: these kind of researchers believe in that inquiry on damage compensations of accuser needs further inquiry on his document and this is against of convict theorem but due to précised inquiry can prevent this mistakes because in second inquiry or research the purpose is not further inquiry of same subject to be in conflict with validity of subject but the purpose is definition of damage on non-guilty person and as a result of prevention of such a situations the decision of the judicious are attention to the human munificence and values. B: quietus statement and damage compensation: second disagreement it is possible that some of nonguilty people do not ask for damage compensation or quietus statement will get under question with acceptation of damage compensation. To answer it can say that trial judge decision always do not mean accuser are non-guilty. It is possible that accuser are unrestraint due to lack of sufficient reasons so it is not logic that their non-guiltiness really are proved for the judge be as same as accuser that have lack of documents and release based on doubt and get them in same level. On the other hand non compensation of damage to the some accuser due to court definition or non-request did not underline the base of quietus. The unclear thing and is a question is that is the government responsible for damage compensation of all non-guilty accusers or accuser should either prove no guilty quietus or to define damage compensation by the court? Judicial idea about this issue is different. Some of them such as Professor lathe and wedel which are also basic of the some laws such as German law in 29 July 1903 are believed in in respect to that all the quietus did not forgive due to same reasons so damage compensation is as a result of damage prove by accuser. According to the scientist and researchers theory s conflict in this case we have to determine between damage compensation request and damage conferment in spite of damage compensation right to all quietus the payment of that belong to the judicial reference to pay damage compensation just for people who really due to others benefits. This is the solution that has been approved by France legislator in 17 July But the important challenge that damage compensation faced with that is related to the link of pursuit duty with damage compensation request that close the way to the damage compensation. 438

7 Regarding to this subject damage compensation is a right for beneficiary the right that is due to break up of individual right it should consider without government assessment. From other hand should pay benefit to the beneficially regarding to the government debtor. In the citizen right law, civil and criminal judgment principle and other related regulation in the country indicate on accuser human rights due to respect to human munificence and justice judicial trial but damage compensation based on temporal arrestment due to accuser quietus should be also clear. Analysis of damage compensation agreement theory, justice judicial, efficiency of human munificence in the trials, cause norm, non-damage norm, acceptations of human norm not only as a law issue but as a right and true person all implicate on non-guilty accuser damage compensation that got in jail for a time. For this reason government and judicial strength should define a subsidy for damage compensation in the parliament so that after declaration of the reference trial the amount of the compensate payment should be implement in form of regulation to apply by non-guilty accuser. Of course judicial strength can invite judges for more attention, prevention of unknown arrestment and issuance of security and prevention of undocumented accuser arrestment by the judge which cause a civil responsibility for the government and to determine some punishment for them or some of the non-guilty accuser payment compensate by the related judge. Finally the accused temporal arrestment is not conventional of criminal judgment principle and it cannot defense them due to that recently most of the legislators start to restrict the accused temporal arrestment and consider replacing other rules in case of prevention of the accused option. C: to accept basic of judicial responsibility: one of the reason of dissidents on injured compensation of non-guilt jailor is that in most of the world due to creation of suitable condition for detective and following crime and finally approve of condo mention formulate new responsibility for the trials. So it can not consider trial as a responsible element for the accused damage or injured compensation unless for an individual fault, therefore non responsibility toward trial and judicial references in case to face on little effect of crime act consider precise following crime and take in account further a crime detection and research on it. (Khalegi, 2009). CONCLUSION AND RECOMMENDATIONS Attention to the human munificence and try to define different solutions in application of it in human life and definition of rules are indicated by Islamic religion in miracles and narratives. This theory is based construction and organization of human right in international level and recently government try that implement their internal rules based on international human right, political and civil right and other international definition. To consider on different countries rule indicates participation of countries on several conversion in case of human right such as racism prevention conversion, Apatite prevention conversion, but in this case one of the human right rules is human munificence object and it is following of trial principle in judicial system that in spite of preparation of performance rules by the governments but it has still some lack in implementation approaches. One of the issues in Iran is the accused damage compensation due to their uncompleted documents or lack of some documents which after research their non-guilty proved. There is regulation of damage compensation possibility and researchers based science specialty considered different reasons in damage compensation it seems that according to the human munificence and human position should not ignore that but respect to human characteristic and following the quietus principle the judicial consider this issue for this definition of budget for justice as an independent subsidy for performance approach to achieve security in the society. Based on the Islamic republic law of citizen right as a basic of Iranian citizenship can be conclude that in spite of clarification of necessity of damage compensation such a non-guilty jailors unfortunately legislator did not considered this right for an accuser so that international human right was pessimistic regarding to the human right therefore suggested that: In case of officially accept ion of citizen right legislator whilst Iran limits temporary arrestment and prediction of meeting for operation of rule beside easily access to the accuser gives more option to the citizens. According to the all process there is possibility of non-guilty of accuser after his temporal arrestment by the court and finally law issues his quietus statement. Legislator for a justification and act based on this sentences" if hundred convict have not arrested is better than one non guilty arrested" damage compensation of such a accusers should be considered precisely and preparing some subsidy and control of payment for damage compensation of non-guiltiness not only is way to achieve citizen satisfaction but there will be no criticism from international human right side. REFERENCES Ardebili MA Publish punishment law, 2nd version, twentieth published, Mizannashr publication, Ashori M punish justice, first version, Danesh Ganj publication, 29-49, Citizenship right law. Jamshidi Rad J Azadi in view of Goran paper, cultural journal of Mashhad Azad University,( Goran seminar, Law, International politics and relation), 439

8 Khalegi A punish regulation, third version, Danesh shahr publication, Nahjolbalageh Punish judge rules law. The Holy Quran www. Highough85.blogfa.com