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 13 2

Select target paragraph3