On March 26, 2026, Crown Prince Reza Pahlavi—Leader of the National Uprising—submitted a question to the Committee for Drafting the Transitional Justice Program in Iran (hereinafter, the “Transitional Justice Committee”) regarding the appropriate legal treatment of two issues during the transitional period: (1) recent cooperation by certain individuals with the repressive structures of the Islamic Republic, and (2) recent expropriation of property belonging to protesters or their family members. Having examined the matter, the Transitional Justice Committee issues this Advisory Opinion.

This Advisory Opinion sets out the principles and considerations that guide the Transitional Justice Committee in drafting the legal framework for the Transitional Justice Program within the Transitional Divan (Judiciary), as outlined in the Iran Prosperity Project’s Emergency Phase Booklet (February 2026). The Transitional Justice Committee notes that any determination of an individual’s criminal liability shall be made by the competent courts in accordance with enacted laws, in full compliance with the principles of due process and the right to a fair trial, and with full regard for the evidence and the accused’s mental element.

1. Cooperation with the Repressive Structures of the Islamic Republic

The Transitional Justice Committee notes that a range of acts have been carried out by individuals in support of the violent repression by the Islamic Republic against protesters. These acts occurred in the context of a broader campaign of repression directed at civilians participating in or associated with protest movements. Available information indicates that such conduct has included, inter alia:

• provision of information to security or law-enforcement authorities enabling the identification, arrest, or targeting of protesters;
• participation in the establishment or operation of checkpoints and similar mechanisms designed to monitor, intercept, or suppress protest activity;
• organization or use of children and adolescents in committing acts of violence against protesters; and
• acquisition or transfer of property expropriated in the course of repression.

Taken together, these acts form part of a pattern of conduct that facilitates and reinforces the suppression of protesters, and in principle, amount to complicity in crimes against humanity.

The material before the Transitional Justice Committee indicates the existence of an attack that is both widespread and systematic, directed against civilians—namely protesters and those associated with them—and carried out pursuant to or in furtherance of a state policy aimed at repressing political opposition. Within this context, the broader pattern of conduct described above involves underlying acts recognized under international law as crimes against humanity, including: imprisonment or other severe deprivation of liberty, torture or other forms of ill-treatment, persecution on political or other prohibited grounds, and other inhumane acts causing serious suffering or injury.

With regard to individual responsibility, the aforementioned conduct gives rise to forms of criminal liability recognized under international law, in particular aiding and abetting. Such liability arises where an individual provides practical assistance, encouragement, or moral support that has a substantial effect on the commission of crimes, with knowledge that such assistance contributes to the broader criminal conduct. Examples of conduct that satisfy these requirements include: identifying protesters to the authorities, facilitating their interception, enabling coercive measures, or acquiring or transferring expropriated property thereby materially benefiting from the proceeds of repression.

2. Expropriation of Property Belonging to Protesters or Their Family Members

The material before the Transitional Justice Committee indicates that the expropriation of property belonging to protesters or their family members has been carried out as part of a broader campaign of repression directed against civilians. Where such conduct is undertaken on political grounds, and in connection with a widespread or systematic attack, it constitutes part of the crime against humanity of persecution.

Persecution, as recognized under international law, involves the intentional and severe deprivation of fundamental rights by reason of the identity of a group or collectivity. In this context, the arbitrary or coercive taking of property in order to punish, intimidate, or exert pressure on protesters or those associated with them amounts to such a deprivation, particularly where it results in the loss of homes, livelihoods, or economic security. Accordingly, expropriations carried out in these circumstances constitute not only unlawful takings but also an integral component of broader criminal conduct that amounts to crimes against humanity.

Notwithstanding any potential characterization under international criminal law, the guiding principle within the Transitional Justice Program shall be the restoration of the rights of the original owners. Property expropriated in the course of repression shall, to the extent possible, be returned to its original owners. Where restitution in kind is not feasible, appropriate compensatory mechanisms, including the payment of damages, shall be provided in accordance with applicable law. Furthermore, those who directly participate in ordering, carrying out, or facilitating such expropriations may, following judicial proceedings, be held liable for the resulting losses. This includes using their property or assets to compensate the original owners for the harm suffered.

As a general rule, property expropriated under such circumstances should be subject to recovery. This is particularly so where a third-party acquirer knew, or in light of the circumstances ought reasonably to have known, of the expropriated nature of the property—for example, where it was transferred at a price significantly below its fair market value.