Concluding Observations Human Rights Committee CCPR/C/IRN/CO/3 Para 18
Full recommendation:
The State party should take all necessary measures to ensure that pretrial detention is not
excessively long in law and in practice, particularly through independent judicial supervision
and prompt access to lawyers, in full compliance with article 9 of the Covenant. The State party
should also take immediate steps to eliminate incommunicado detention, taking due care to
ensure compliance in practice.
Assessment using Impact Iran human rights indicators1
A. The State party should take all necessary measures to ensure that pretrial detention
is not excessively long in law and in practice, particularly through independent
judicial supervision and prompt access to lawyers, in full compliance with article 9
of the Covenant.
The 2015 Code of Criminal Procedures (CCP) makes pretrial detention dependent on two
preconditions: 1) where there is sufficient reason and evidence to charge someone with one of
the specific crimes listed in Article 237 of the CCP; 2) where the person’s liberty would pose a
risk either to the accused, persons involved with the trial or the trial itself. This include cases
where the person’s liberty would: 1) result in the destruction of evidence; 2) result in the
collusion with co-accused individuals, witnesses or others who have information about the case;
3) cause witnesses to refrain from testifying; 4) pose a risk of public disorder, a risk to their own
life or to the lives of others, or 5) be likely to lead to the suspect hiding or absconding.
Under Article 217 of the 2015 CCP, a number of alternative flight risk measures are provided
for provisional pretrial detention, such as recognisance with an oath by the accused person to
present themselves before the judicial authorities when needed, prohibition on leaving the place
of residence monitored through electronic devices, and bail. The issuance of flight risk measure
orders shall take into account, among other circumstances, the type and severity of the offence in
question, the risk of the accused absconding, the accused’s gender, age, character, and physical
and psychological condition, and the accused’s previous criminal record.2 The investigator is
granted the responsibility to determine the type of flight risk measure that shall be issued rather
than an independent court.

1
CCPR.9.3.S.4
CCPR.9.3.P.1; CCPR.9.3.P.2
CCPR.9.1.O.1; CCPR.9.2.O.3; CCPR.9.2.O.4; CCPR.9.3.O.1; CPPR.9.4.P.1
2
Code of Criminal Procedure, 2015, Article 250.

1

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