Consequently, the Iranian legal framework does not guarantee that pretrial detention is applied as
a measure of last resort and for the shortest time possible under Iranian law for cases involving
child defendants.
The Article 90 Commission of the Parliament is in charge of investigating complaints from
citizens made against the operations of the Parliament itself, the executive and the judiciary.8
There is no publicly available information on data relating to the number of complaints received
and investigated vis-à-vis cases of violations of the rights to fair trial and due process of children
in the Islamic Republic of Iran. There is no National Human Rights Institution in the Islamic
Republic of Iran that is competent to receive and address complaints of violations of children’s
rights.
Reports of disproportionately long pretrial detention of children and adults in the Islamic
Republic of Iran suggest that in practice pretrial detention is not a measure of last resort and is
not applied for the shortest time possible. 9 10 11 12 NGO reports have been showing a pattern of
arrests and detention of children that suggest that detention in general is not considered as a last
resort in the Islamic Republic of Iran. Amnesty International reported the arrest and detention of
hundreds of children during and in the aftermath of the November 2019 protests, some of them
as young as 10 years old.13
Recommendation Status:
This recommendation has NOT been implemented.
8
Iran Human Rights Documentation Center, https://iranhrdc.org/internal-regulation-on-the-commission-of-article-90-of-theconstitution/
9
Human Rights Watch, https://www.hrw.org/news/2015/03/13/iran-submission-committee-rights-child
10
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
11
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
12
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
13
Amnesty International, https://www.amnesty.org/download/Documents/MDE1328912020ENGLISH.PDF
3