arrests in the context of the 27 December protests and issued opinions on what it considered
to be arbitrary detentions. 12 13
There is no readily available information that might indicate the existence of trainings to
prevent the abuse of power, regarding arrest and detention, by law enforcement officials in the
Islamic Republic of Iran. Additionally, although the Article 90 Commission of the Parliament
is in charge of investigating complaints from citizens made against the operations of the
Parliament itself, the executive and the judiciary,14 there is no readily available information
that might indicate that abuse arrests are being promptly addressed, properly investigated or
adequately adjudicated.
In the light of the reported facts, the Government did not take all necessary measures to
guarantee the right of protestors not to be deprived arbitrarily of their liberty.
B. The right of protestors on 27 December 2009 to fair proceedings before an
independent and impartial tribunal should be guaranteed.
A significant number of protestors arrested in the aftermath of the Ashura protests were
charged with national security offences, notably moharebeh (“enmity against God”), and had
their cases tried before revolutionary courts. Revolutionary courts have jurisdiction over
crimes against national and external security, including moharebeh, efsad-e fel-arz
(“corruption on earth”), baghi (“armed rebellion against the state”), 15 “gathering and
colluding against the Islamic Republic”, and “insulting the founder of the Islamic Republic
and the Supreme Leader”. 16 Reportedly, a significant number of legal proceedings before
revolutionary courts have violated due process and right to fair trial. 17 18 19 20 21 NGO reports
suggest that trials before revolutionary courts disproportionately target civil rights activists
and members of religious minorities such as the Baha’is.22
The Constitution of the Islamic Republic of Iran protects key aspects of the right to fair trial
and due process, including access to legal counsel, presumption of innocence, equality before
the court, and the right to an open hearing. 23 However, the right to fair trial within the Iranian
legal framework is not fully in compliance with international standards, notably due to vague
12
https://www.unwgaddatabase.org/un/Document.aspx?id=2764
https://www.unwgaddatabase.org/un/Document.aspx?id=2832
14 Iran Human Rights Documentation Center, https://iranhrdc.org/internal-regulation-on-the-commission-of-article-90-of-theconstitution/
15 Defined under Articles 279 to 285 and Articles 286 to 288 of the Islamic Penal Code (2013), Iran Human Rights
Documentation Center, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
16 Amnesty International, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
17 https://www.hrw.org/news/2011/08/29/human-rights-issues-regarding-islamic-republic-iran
18 Omid memorial case of Ahmad Nasiri, Abdorrahman Boroumand Center (https://www.iranrights.org/memorial/story/8023/ahmad-nasiri)
19 Letter of Zahedan Prison inmates, May 13, 2019, Abdorrahman Boroumand Center
(https://www.iranrights.org/library/document/3577)
20 EN-HRANA, https://www.en-hrana.org/case-ahmadinejads-former-vp-sent-revolutionarycourt?hilite=%27revolutionary%27%2C%27court%27
21 See more: Abdorrahman Boroumand Center, https://www.iranrights.org/newsletter/issue/61
22 EN-HRANA, https://www.en-hrana.org/?s=revolutionary+court
23 Constitution of the Islamic Republic of Iran, English translation, https://www.refworld.org/docid/3ae6b56710.html
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