Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/43/61 para 70(e)
Full recommendation:
The Special Rapporteur recommends that the Government, the judiciary and the parliament, as
appropriate: Ensure that medical decisions that relate to ongoing care and observation of the
prisoners outside prison and the necessity of their release on medical grounds are only taken by
the relevant, responsible health-care professionals;
Assessment using Impact Iran human rights indicators1
Iran’s Prison Regulations provide for the management and supervision of all prisons and
detention center in the country, including the conditions of detentions such as access to adequate
food and water and medical care for detainees, visits and communications with the family. The
Regulations specify that all prisoners should have access to medical care, including regular
medical check-ups, and that their medical needs should be addressed to the extent possible unless
transfer to treatment centers outside the prison is considered necessary.2 3
Iran’s Executive Regulations for the Organization of State Prisons (the Prison Regulations)
oblige the Associate Prosecutor of the Prison to examine the situation of prisoners with an
incurable disease and take appropriate action based on the Code of Criminal Procedure (Note to
Article 103).
Article 502 of Iran’s Criminal Code of Procedure (2015) provides that “whenever the convicted
individual suffers from physical or mental illnesses and the implementation of the sentence
would exacerbate the illness or delay the recovery, the Judge Overseeing Implementation of
Sentences shall, after obtaining the opinion of the Legal Medicine Organization of Iran, postpone
the implementation until the time of the recovery”. The Code further adds that, if there is no
prospect of recovery and the judge is satisfied that the convicted person is unfit to serve the
sentence, the judge will refer the case to the court that originally issued the sentence to issue an
alternative sentence.4
Such provision is not in full compliance with international standards, notably Rule 27(c) of the
Mandela Rules which states: “Clinical decisions may only be taken by the responsible health-

1
CCPR.10.1.S.1
CCPR.10.3.P.2; CCPR.10.3.P.3
2
See more: Iran Human Rights Documentation Center, https://iranhrdc.org/rights-disregarded-prisons-in-the-islamic-republic-ofiran/
3
See more: Amnesty International, https://www.amnesty.org/download/Documents/MDE1341962016ENGLISH.PDF
4
Amnesty International, https://www.amnesty.org/download/Documents/MDE1341962016ENGLISH.PDF

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