Despite these provisions, the prohibition on admitting evidence obtained through ill-treatment is only formulated as a general principle. Iranian laws do not contain “detailed provisions on the inadmissibility of unlawfully obtained confessions and other tainted evidence” considered by the Committee Against Torture as “one of the essential means in preventing torture”.17 For example, while Article 169 of the Islamic Penal Code and Article 360 of the Code of Criminal Procedure (2015) stipulate that a confession taken under duress or involuntary shall be inadmissible before a court, there is no provision detailing what constitutes an involuntary confession and who bears the burden of proving that a statement has been voluntary. The Penal Code and Criminal Code remain silent on specific procedures of investigation judges and prosecutors should follow to establish whether a confession is lawful and admissible. Such assessment appears to be at the discretion of the judge. In practice, the Iranian criminal justice system relies heavily on confessions as admissible evidence.18 Confessions obtained under torture and other ill-treatment is facilitated by the denial of prompt access to legal counsel and encouraged by courts that routinely allow such “confessions” as admissible evidence. NGOs19 20 21and OHCHR22 have reported numerous cases of confessions extracted from torture, used as primary evidence and on which judges have based their verdicts, including in death penalty cases. The Government and Parliament of the Islamic Republic of Iran do not ensure that confessions obtained through torture and ill-treatment are never admitted as evidence against the accused. Recommendation Status: This recommendation has NOT been implemented. 17 Committee Against Torture, Report to the General Assembly, A/54/44, para. 45, referring to Yugoslavia. Under Article 171 of the Islamic Penal Code, confessions are accorded the primary weight. Islamic Penal Code (2013) English translation, Iran Human Rights Documentation Center, 19 Cases documented by the Abdorrahman Boroumand Center Omid memorial case of Ehsanollah Ehsani, Abdorrahman Boroumand Center ( Omid memorial case of Kamal Molaii, Abdorrahman Boroumand Center ( Omid memorial case of HadiRashedi, Abdorrahman Boroumand Center ( Omid memorial case of Loqman Moradi, Abdorrahman Boroumand Center ( moradi) Omid memorial case of Sattar Beheshti, Abdorrahman Boroumand Center ( beheshti) 20 Center for Human Rights in Iran, 21 Amnesty International, 22 Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, July 2020, 18 4

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