Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/40/67 para 70(c)
Full recommendation:
The Special Rapporteur recommends that the Government and Parliament, amend the Penal
Code and the Code of Criminal Procedure to ensure that confessions alone are not sufficient for
admission of guilt
Assessment using Impact Iran human rights indicators1
Article 164 of the Islamic Penal Code defines confessions as self-incriminating statements made
by the accused. Article 171 gives primary weight to confessions “If an accused confesses to
commission of an offense, his/her confession shall be admissible and there is no need for further
evidence.”2 Article 360 of the Code of Criminal Procedure stipulates that convictions can be
issued on the basis of voluntary given confessions alone.
In some circumstances, however, Iranian law recognizes that confessions may not be relied upon.
Article 171 further states that in cases where the investigation of the judge reveals evidence in
conflict with the accused person’s confessions, the court shall conduct investigation and other
evidence shall be mentioned in the verdict.3 Similarly, under Note 2 of Article 119 of the 2015
Code of Criminal Procedure, if confessions are the basis of a verdict, the trial judge must hear
them first-hand in court. Under article 360 of the Code of Criminal Procedure the court decides
on their admissibility, meaning whether the confessions have been voluntary and there are no
doubts of their accuracy, to issue a verdict on their basis. If the court doubts the accuracy of the
confessions, it may initiate an investigation.4
Despite these provisions, both the Islamic Penal Code and the Criminal Code of Procedure fail to
place the burden of proof on the prosecution to show that statements have been given voluntarily,
undermining the right to presumption of innocence.
Ultimately, Iranian law merely obliges the judge to reinvestigate the accused if there are any
doubts about the accuracy, but confessions may still constitute the sole basis of a court’s verdict.
1
CCPR.14.2.S.1
CCPR.14.2.P.2
CCPR.14.2.O.2
2
Islamic Penal Code (2013), English translation, Iran Human Rights Documentation Center, https://iranhrdc.org/englishtranslation-of-books-i-ii-of-the-new-islamic-penal-code/
3
Islamic Penal Code (2013), English translation, Iran Human Rights Documentation Center, https://iranhrdc.org/englishtranslation-of-books-i-ii-of-the-new-islamic-penal-code/
4
Article 389(e), Code of Criminal Procedure (2015).
1