There is no readily available information that suggests that effective reparation, including
adequate compensation, is granted to every victim.
C. The Islamic Republic of Iran should also ensure that no one is coerced into
testifying against themselves or others or to confess guilt and that no such
“confession” is accepted as evidence in court, except against a person accused of
torture or other ill-treatment as evidence that the “confession” or other statement
was made.
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 any
“testimony, confession or oath obtained under duress is devoid of value and credence”.19 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.” 20
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”, which is
considered by the Committee Against Torture as “one of the essential means in preventing
torture”.21
For example, while Article 169 of the Islamic Penal Code and Article 360 of the Code of
Criminal Procedure (2015) stipulate that a confession obtained under duress or involuntarily
shall be inadmissible before a court, there is no provision on what constitutes an involuntary
confession and who bears the burden of proving that a statement has been made voluntarily. The
Penal Code and Criminal Code remain silent regarding specific procedures of investigation
judges and prosecutors should follow in order 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.22 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 admit such
19
Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wp-content/uploads/constitutionenglish-1368.pdf
20
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/
21
Committee Against Torture, Report to the General Assembly, A/54/44, para. 45, referring to Yugoslavia.
22
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, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamicpenal-code/
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