are promptly and impartially investigated, or whether remedies are made available to
victims.18
The post-election unrest of 2009 was not investigated by the Article 90 Committee, but by the
Special Parliamentary Committee to Investigate the Status of Post-Election Arrestees, which
was set up for the purpose in 2009.19 However, MPs candidates are subject to government-run
committees’ and the Guardian Council’s screenings before being able to run for elections,
notably to ensure that they are loyal to the Islamic Republic of Iran and the religious system
of law.20 21 Furthermore, following the adoption of the Law on the Parliament Supervision on
Conduct of Representatives in 2012, MPs’ activities are scrutinized by a committee that can
issue verdicts in regard to alleged offences such as “unethical behaviors” and “acts deemed
against national security”.22 Due to the vagueness of Iranian laws relating to national security
and the lack of clear and specific definition of what can constitute a threat to national security,
the law increases the risk for MPs to be criminalized when voicing their dissent against the
government and official figures. As a consequence, the impartiality and independence of the
parliament’s investigation is not guaranteed.
With regards to the conduct of Iranian authority during the 2009 demonstrations, under
Article 11 of the 1993 Law on the Use of Weapons by Agents of the Armed Forces In Case of
Necessity, the military and security forces (including the Revolutionary Guards Corps and the
Basij militia) “shall use weapons as directed by the law in instances when they cooperate with
the Police Force under the law and during assignments given to them”.23 However, there has
been no readily available information suggesting that executive regulations to implement
Article 11 have been made public or even drawn up. The lack of clarification around the
provisions given under Article 11 of the 1993 hinders accountability for security forces who
used weapons against demonstrators and superiors who decided on “assignments”. Among the
people shot in the events of 2009, a much-publicized killing was that of Neda Agha Soltan,
shot on 20 June 2009, which reportedly was never properly investigated.24
In December 2009, a military court charged 11 police officers who allegedly collaborated
with the police, with murder over the deaths of demonstrators who have been detained at the
Kahrizak prison.25 However the court acquitted of all charges the highest-ranking defendant,
18
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%2f42
313&Lang=en
19
Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice#
20
Reuters, 2020, https://www.reuters.com/article/us-iran-election-factbox/factbox-choices-curtailed-irans-parliamentaryelection-idUSKBN20B0C5
21
Brookings, 2016, https://www.brookings.edu/blog/markaz/2016/02/09/demystifying-irans-parliamentary-election-process/
22
Iran Data Portal, Law on the Parliament supervision on conduct of representatives, 2012, https://irandataportal.syr.edu/theparliament-majlis/the-rules-of-procedure-of-the-islamic-parliament-of-iran
23
Law on the Use of Weapons by Agents of the Armed Forces in Case of Necessity (1993), as referenced by Amnesty
International, submission to the Human Rights Committee, 2011,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_103_9081_E.pdf
24
Amnesty International, Submission to the Human Rights Committee, 2011,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_103_9081_E.pdf
25
Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/27/iran-bring-notorious-abuser-justice
3