and/or restrictive provisions under the Islamic Penal Code (2013) and the Code of Criminal
Procedure (2015). Reportedly, a significant number of trials do not meet international
standards laid out under Articles 9 and 14 of the ICCPR.24
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. 25
There is no readily available information indicating the number of cases concerning violations
of the right of fair trial, for protestors arrested in connection with the Ashura demonstrations,
that the Article 90 Commission received and investigated.
Following the Ashura protests, senior clerics and high-ranking Government officials
repeatedly called for protestors to be dealt with harshly on charges of moharebeh, which
carries the death penalty. 26 27 2829 Reports following the 27 December 2009 protests have
shown wide-scale patterns of violations of due process in a vast number of legal proceedings
and trials, disproportionately targeting members of the Baha’i faith and civil rights activists.
30 31 32 33 34 35 36 37
In the light of the reported facts, the Government of the Islamic Republic of Iran did not take
all necessary measures to guarantee the right of protestors to fair proceedings before an
independent and impartial tribunal.
Recommendation Status:
This recommendation has NOT been implemented.
24
See more: Amnesty International, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
Iran Human Rights Documentation Center, https://iranhrdc.org/internal-regulation-on-the-commission-of-article-90-of-theconstitution/
26 Thomas Erdbrink and William Branigin, Iran Vows To Make Example of Arrestees, Washington Post, June 24,
2009, available at http://www.washingtonpost.com/wp-dyn/content/article/2009/06/23/AR2009062300155.html.
27 jei az Idam-i 3 Nafar az Dastgir Shudigan-i Ashura Khabar Dad [Ejei Spoke of the Execution of Three of Ashura
Arrestees], Rah-e Sabz, Jan. 1, 2010, available athttp://www.rahesabz.net/story/ezheie
28 azir-i Kishvar: Ba’d az Ruz-i Ashura Iqtishashgaran Hukm-i Muharib ra Darand [Minister of Interior: After the Day of
Ashura, the Rioters Are Deemed Muharib], IRNA, Jan. 5, 2009, available
at http://www.irna.ir/View/FullStory/?NewsId=878674
29 UNGA report, September 2010, https://www.ecoi.net/en/file/local/1042102/1226_1291059004_n1053532.pdf
30 https://www.iranhumanrights.org/2010/10/intelligence-and-security-organizations-influenced-the-nine-year-sentence-2/
31 https://www.iranhumanrights.org/2010/07/bahareh-hedayat-max-sentence-lawyer/
32 https://www.iranhumanrights.org/2010/10/no-dying-for-beliefs/
33 https://www.iranhumanrights.org/2010/05/judge-death-sentence-pressure/
34 https://www.iranhumanrights.org/2010/01/fear-executions-bahais/
35
https://www.amnesty.org/download/Documents/40000/mde130202010eng.pdf
36 https://www.amnestyusa.org/reports/annual-report-iran-2010/
37 See more: Iran Human Rights Documentation Center, https://iranhrdc.org/violent-aftermath-the-2009-election-andsuppression-of-dissent-in-iran/#_Toc252545048
25
3