protests, for the peaceful exercise of their rights to freedom of opinion, expression, assembly and
association are released.
B. The Special Rapporteur recommends that the Government, the judiciary and the
parliament: ensure also that the detaining authorities promptly report the
whereabouts and situation of detainees to their families
A number of restrictive provisions under Iranian law prevent relatives of detainees from being
informed of the detainees’ arrests when deemed “necessary”,30 further, relatives cannot inquire
about the detainees’ whereabouts if it “infringe[s] on the social and familial status of the
detainees”,31 conditions that are not further defined and seemingly therefore arbitrary. The right
of detainees to communicate with and receive visits of family members is restricted under Article
180 of the Prisons Regulations when judicial officials determine that correspondence is not in the
interest of a “good trial proceeding”, without clarifying what could contravene “good
proceedings” and without setting limitation as to the period of restriction.32 Competent judicial
authorities can allow correspondence and/or visit during the prohibition period, however such
decision does not appear to be subject to review by another official or body. Ultimately this
means that judges can, in practice, deprive detainees of their right to have access to the outside
world for an unlimited period of time. Such provisions enable Iranian authorities to keep
information as to the whereabouts of individuals taken into custody from their families and
facilitate the perpetration of enforced disappearances.
Reports of enforced disappearances in the Islamic Republic of Iran are regular, with numerous
families left without any information as to the whereabouts of their relatives held into custody.
The Working Group on Enforced or Involuntary Disappearances issued communications on
alleged cases of enforced disappearances as recently as 2019, mentioning the lack of
investigation and follow-up on unconfirmed reports of death.33
In light of the above, the Government, the judiciary and the parliament have not ensured that the
detaining authorities promptly report the whereabouts and situation of detainees to their families.
30
Article 50 of the revised Code of Criminal Procedure (2015) entitles individuals in custody to inform their relatives of their
arrest but permits “judicial officers” to impose restrictions on such right when deemed “necessary”, without clarifying when and
for how long such restrictions are allowed or specifying a competent official responsible for the approval of such decision.
Relatives then must refer to judicial officials.
31
Article 49 of the revised Code of Criminal Procedure (2015) entitles relatives of detainees to inquire about them to the local
Office of the Prosecutor, the Provincial Prosecutor, and the Head of the Justice Department in each province but only “to the
extent that it does not infringe on the social and familial status of the detainees” without specifying what constitute such
infringement.
32
Executive Regulations of the Prisons Organization, 11 December 2005, www.prisons.ir/page-main/fa/0/form/pId77
33
Communications transmitted, cases examined, observations made and other activities conducted by the Working Group on
Enforced or Involuntary Disappearances, July 2019,
https://www.ohchr.org/Documents/Issues/Disappearances/A_HRC_WGEID_118_1_Advance.pdf
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