The performance of the judiciary and the penal system must be defendable by the public opinion. The public opinion trusts the judicial system only when its legal procedure is fair. Fair trial includes all stages of investigation including the discovery of crime to execution of the verdict. The principles of independence and impartiality of court constitute some components of a fair trial. The main objective of these two principles is to build confidence among the public. In fact independence is itself a means for the protection of the court’s impartiality.
Attempts have been made in the present paper to discuss the concept of judge’s independence as stipulated in the Constitution as well as in the viewpoint of Imam Khomeini. Also the concept of impartiality of judge as envisaged in the legal procedures and the viewpoints of Imam Khomeini has been discussed. In addition, the same concepts in the International Convention of Civil and Political Rights which Iran ratified in 1975 have been discussed. The practical consequences of observation of these two principles have been analyzed as well.