Reports of cases of torture in the Islamic Republic of Iran are regular.11 12 Amnesty International
reported widespread and systematic use of torture by Iranian authorities against protestors during
and after the November 2019 protests.13 As of November 2020, there is no readily available
information that might indicate that Iranian authorities have opened investigations into
allegations of torture committed by police, security and intelligence agents and prison officials in
the context of the November 2019 protests.
Despite the existence of several mechanisms that ostensibly accept complaints regarding violations
of citizens' rights, such as the Article 90 Commission of the parliament (established based on
Article 90 of the Constitution, offering a mechanism to citizens to file complaint against any of
the three branches of power) and the Oversight Bodies for the exercise of Citizenship Rights in the
country's provincial courts, there is no evidence to suggest that complaints to these bodies are
independently reviewed and investigated.14 Additionally and as aforementioned, the absence of a
crime of torture in itself under Iranian law prevents prosecution, which is limited to cases of torture
provided under the law, and therefore hindering access to justice for victims.
The Government, Judiciary and Parliament of the Islamic Republic of Iran do not ensure that
prisoners are protected from all forms of torture and other ill-treatment.
B. The Special Rapporteur recommends that the Government, judiciary and
parliament: ensure that confessions obtained through torture or ill-treatment are
never admitted as evidence against the accused
Article 38 of the Constitution of the Islamic Republic of Iran stipulates “all forms of torture for
the purpose of extracting confession or acquiring information are forbidden” and that “testimony,
confession or oath obtained under duress is devoid of value and credence”.15 This is reiterated
under Article 1(9) of the Law on Respect for Legitimate Freedom and Safeguarding Citizens��
Rights, and Article 168 of the 2013 Islamic Penal Code, which deems a confession “admissible
only if at the time of confession the confessor is sane, pubescent, intended [to make the
confession] and free.” 16
11
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, March 2018,
https://undocs.org/A/HRC/37/68
12
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, January 2020,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G20/021/53/PDF/G2002153.pdf?OpenElement
13
Amnesty International, https://www.amnesty.org/download/Documents/MDE1328912020ENGLISH.PDF
14
Joint submission to the Human Rights Committee, Abdorrahman Center, Iran Human Rights Documentation Center (IHRDC),
Impact Iran and Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2fCCPR%2fICS%2fIRN%2f42313
&Lang=en
15
Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wp-content/uploads/constitutionenglish-1368.pdf
16
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