Concluding observations Committee on the Rights of the Child CRC/C/IRN/CO/3-4 para
92(c)
Full recommendation:
Ensure the provision of qualified and independent legal aid to children in conflict with the law, if
possible by the choice of the child defendant, at an early stage of the procedure and throughout
the legal proceedings.
Assessment using Impact Iran human rights indicators1
The Constitution of Iran (Article 35) grants everyone the right to select a lawyer and states that if
a person is unable to do so, arrangements must be made to provide them with legal counsel.2
Child defendants are considered under the same criminal legal framework as adults in the Islamic
Republic of Iran. State- funded legal aid is available to persons who provide evidence that they
do not have the financial means to secure legal representation; however, there is no priority given
to or special regime for applications submitted on behalf of children.3 Iranian law recognizes the
right to a lawyer for all criminal defendants including child and juvenile defendants,4 although
there are exceptions and restrictions applied to that right.
With regards to the provision of qualified and independent legal aid at the early stages of the
legal proceedings, the new Code of Criminal Procedure (CCP) allows defendants, including child
defendants, upon their request, to access a lawyer within the initial investigation phase. The
procurator (often called an investigative judge) who oversees the investigation phase is also
required to inform the defendant of the right to legal counsel. 5 In cases where the defendant’s
guardians cannot afford a lawyer, a public defender will be appointed by the court. Additionally,
Article 48 of the CCP permits all criminal defendants, including child and juvenile defendants, to
“demand the presence of a lawyer from the start of detention.”67 However, a Note to Article 48
of the 2015 CCP,8 specifies that individuals facing charges for certain offences, including those
relating to national security and organized crime, must select their legal counsel from among a
1
CCPR.37.4.S.1
CCPR.37.4.P.2
CCPR.37.2.O.2
2
Constitution of Iran, Article 35, https://irandataportal.syr.edu/wp-content/uploads/constitution-english-1368.pdf, (English
translation)
3
Family protection law, Article 5.
4
Code of Criminal Procedure, Article 5, https://bit.ly/2T0Sgja
5
Code of Criminal Procedure, Article 190, https://bit.ly/2T0Sgja
6
Code of Criminal Procedure of the Islamic Republic of Iran (2015) as referenced in the joint submission to the Human Rights
Committee from the Abdorrahman Boroumand Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights
Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
7
Code of Criminal Procedure of the Islamic Republic of Iran (2015) original version http://dotic.ir/print/5584
8
Code of Criminal Procedure of the Islamic Republic of Iran (2015) as referenced in the joint submission to the Human Rights
Committee from the Abdorrahman Boroumand Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights
Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
1