Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/37/68 para 92
Full recommendation:
The Special Rapporteur is also deeply concerned by the ongoing, numerous, and consistent
reports received of due process violations, including but not limited to the use of prolonged
solitary confinement and significant limitations placed upon the ability of the accused to access a
lawyer. In particular she calls upon the Government to strictly limit the use of solitary
confinement and ensure full access to their choice of lawyer. She further reiterates her
recommendation to abolish the revolutionary tribunals and religious courts in line with the
recommendations made by the Working Group on Arbitrary Detention following its visit to the
country.
Assessment using Impact Iran human rights indicators1
A. The Special Rapporteur calls upon the Government to strictly limit the use of
solitary confinement
The Iranian Criminal Code of Procedure (2015) lists the disciplinary punishments that may be
imposed on detainees and prisoners but excludes solitary confinement, which remains prescribed
under Article 175 of the Prison Regulations.2 Under Iran’s Prison Regulations, any disciplinary
measure may be imposed after investigation by a disciplinary council composed of judicial and
prison officials, although the Regulations do not specify the offences that may be subject to
punishments. If the disciplinary council finds the accused prisoner guilty by majority vote, it may
impose “detention in solitary confinement for a maximum of 20 days.”3 The lack of regulations
for holding detainees in solitary confinement outside of the circumstances predicted under Prison
Regulations put detainees at risk of arbitrary solitary confinement, and for prolonged periods of
time.
Article 175 of Iran’s Prison Regulations stipulates that solitary confinement should not exceed
20 days,4 while the UN Standard Minimum Rules for the Treatment of Prisoners (or Nelson
Mandela’s rules) consider solitary confinement longer than 15 days as prolonged solitary
1
CCPR.9.1.S.1.; CCPR.9.1.S.2.; CCPR.9.1.S.3.; CCPR.9.2.S.1.; CCPR.9.3.S.2.; CCPR.14.1.S.2.; CCPR. 9.1.P.1.;
CCPR.9.1.P.2.; CCPR.9.1.P.5.; CCPR.9.1.P.6.; CCPR.9.2.P.1.; CCPR.9.3.P.1. ; CCPR.9.1.O.1.; CCPR.9.2.O.1.; CCPR.9.2.O.4.;
CCPR.14.1.O.8.; CCPR.9.1.O.1.
2
Article 524, Code of Criminal Procedure of the Islamic Republic of Iran, and Iranian Prisons Regulations, as referred to in
https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
3
Amnesty International, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
4
Amnesty International, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
1