Kurdish23 and Baha'i24 minorities are reportedly frequently denied legal representation. Prisoners
reportedly remained incarcerated without proper access to legal representation at all stages of
their trial process and lawyers were reportedly denied timely access to their clients' legal files.25
26
In cases where legal representation is granted, it is usually allowed only during official trial
proceedings and denied during the investigative phase of the process; this is a common trait of
reported national security cases, where Iranian intelligence agencies are involved in the
investigative stages.27 Lastly, there are reports of individuals being kept in pre-trial detention for
disproportionate amounts of time before being notified of their charges and before being brought
before a judge.28 29 30 31 32
Despite the existence of several means and mechanisms that accept complaints regarding the
violation of rights in Iran, including fair trial and due process, such as the Judges disciplinary
court, the Article 90 parliamentary commission and, in general, any appeals courts including the
Supreme Court, there is no official and readily available evidence to suggest that all complaints
are addressed and adjudicated by the relevant authorities. There is no official and readily
available information or data on investigations of human rights violations in the Islamic Republic
of Iran, including physical and psychological torture and denial of due process. However, reports
above mentioned suggest that such violations occur regularly in the Islamic Republic of Iran.
Following the announcement of the victory of incumbent president Mahmoud Ahmadinejad in
the presidential election on June 12th, 2009, thousands of demonstrators took to the streets in Iran
to protest the results. In response to the protests, the Islamic Republic sent the Islamic
Revolutionary Guard Corps and the Basij militia (a volunteer paramilitary force) to repress the
demonstrations.33 Due to the lack of official information about the whereabouts of victims, the
total number of those killed in the 2009 post-elections protests remains largely unknown.34
Although the government stated in September 2009 that a total of 36 people, including security
23
HRANA <https://www.en-hrana.org/political-prisoner-denied-access-to-an-attorney>
HRANA <https://www.en-hrana.org/uncertain-situation-of-seven-bahai-detainees-in-rajaie-shahr-prison>
25
HRANA <https://www.en-hrana.org/political-prisoner-denied-access-to-an-attorney>
26
HRANA <https://www.en-hrana.org/court-prevents-lawyer-accessing-files-five-sunni-prisoners>
27
HRW < https://www.hrw.org/news/2016/03/24/iran-detainees-denied-fair-legal-representation >
28
UNPO < https://unpo.org/article/21430 >
29
Human Rights Watch, https://www.hrw.org/news/2015/03/13/iran-submission-committee-rights-child
30
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, July 2020,
https://undocs.org/A/75/213
31
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, September 2019,
https://undocs.org/en/A/HRC/37/24
32
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, January 2019,
https://undocs.org/en/A/HRC/40/67
33
Iran Human Rights Documentation Center, 2013 https://iranhrdc.org/violent-aftermath-the-2009-election-and-suppression-ofdissent-in-iran/
34
Iran Human Rights Documentation Center, 2013, https://iranhrdc.org/violent-aftermath-the-2009-election-and-suppression-ofdissent-in-iran/
24
4