The Human Rights Cost of Preventive Detention Policies: A Qualitative Analysis

Abstract

This study investigates the human rights implications of preventive detention policies in Tehran, focusing on the lived experiences of individuals affected by these measures. A qualitative research design was employed to explore the socio-legal consequences of preventive detention. Data were collected through semi-structured interviews with 20 participants residing in Tehran, including former detainees, family members, legal professionals, and civil society advocates. Participants were selected through purposive sampling to ensure relevance to the research objectives. Interviews continued until theoretical saturation was reached. Data were transcribed, anonymized, and analyzed thematically using NVivo software. Thematic coding followed an iterative process involving open, axial, and selective coding stages to develop key themes grounded in participant narratives. Three major themes emerged from the analysis: (1) legal and procedural violations, including lack of judicial oversight, denial of legal representation, and the use of vague or retroactive laws; (2) psychological and social impacts, such as trauma, economic hardship, family disintegration, and stigma; and (3) institutional accountability and power dynamics, characterized by security force impunity, weak oversight mechanisms, and political instrumentalization of detention. Participants consistently emphasized how preventive detention contributed to a climate of fear, legal uncertainty, and civic disengagement. Their narratives illustrated the gap between Iran’s formal human rights obligations and the operational realities of detention practices. Preventive detention in Tehran imposes significant legal, psychological, and social costs, undermining fundamental human rights. The findings underscore the urgent need for legal reform, transparent oversight, and trauma-informed support mechanisms. A rights-based approach to security policy must be prioritized to protect individual dignity and promote institutional accountability.