enforced in practice, complaints of disappearances cannot be properly investigated, and culprits
cannot be punished accordingly.
Additionally, a number of restrictive provisions under Iranian law prevent relatives of detainees
from being informed of the detainees’ arrests when deemed “necessary”.32 Further, relatives
cannot inquire about the detainees’ whereabouts if it “infringe[s] on the social and familial status
of the detainees”,33 these conditions are not further defined and therefore seemingly arbitrary.
The right of detainees to communicate with and receive visits of family members is restricted
under Article 180 of the Prisons Regulations when judicial officials determine that
correspondence is not in the interest of a “good trial proceeding”, without clarifying what could
contravene “good proceedings” and without setting limitation as to the period of restriction.34
Competent judicial authorities can allow correspondence and/or visit during the prohibition
period, however such decision does not appear to be subject to review by another official or
body. Ultimately this means that judges can, in practice, deprive detainees of their right to
communication with the outside world for an unlimited period of time. Such provisions facilitate
the perpetration of incommunicado detentions and enforced disappearances by Iranian
authorities.35
Reports of enforced disappearances in the Islamic Republic of Iran are regular. The Working
Group on Enforced or Involuntary Disappearances issued communications on alleged cases of
enforced disappearances as recently as 2019, mentioning the lack of investigation and follow-up
on unconfirmed reports of death.36 The Working Group also noted that the Government had not
given information concerning alleged lack of investigation into the disappearance and
extrajudicial execution of 5,000 political prisoners in the Islamic Republic of Iran in the 1980s.37
Amnesty International reported wide-scale patterns of enforced disappearances in the aftermath
of the November 2019 and the lack -if not absence- of accountability for perpetrators.38 The UN
32
Article 50 of the revised Code of Criminal Procedure (2015) entitles individuals in custody to inform their relatives of their
arrest but permits “judicial officers” to impose restrictions on such right when deemed “necessary”, without clarifying when and
for how long such restrictions are allowed or specifying a competent official responsible for the approval of such decision.
Relatives then must refer to judicial officials.
33
Article 49 of the revised Code of Criminal Procedure (2015) entitles relatives of detainees to inquire about them to the local
Office of the Prosecutor, the Provincial Prosecutor, and the Head of the Justice Department in each province but only “to the
extent that it does not infringe on the social and familial status of the detainees” without specifying what constitute such
infringement.
34
Article 180 Executive Regulations of the Prisons Organization.
35
See more: Amnesty International, https://www.amnestyusa.org/wp-content/uploads/2020/09/Trampling-humanity-Massarrests-disappearances-and-torture-since-Irans-November-2019-protests.pdf
36
Communications transmitted, cases examined, observations made and other activities conducted by the Working Group on
Enforced or Involuntary Disappearances, July 2019,
https://www.ohchr.org/Documents/Issues/Disappearances/A_HRC_WGEID_118_1_Advance.pdf
37
Communications, cases examined, observations and other activities conducted by the Working Group on Enforced or
Involuntary Disappearances, May 2019,
https://www.ohchr.org/Documents/Issues/Disappearances/A_HRC_WGEID_117_1_ADVANCE.pdf
38
Amnesty International, https://www.amnesty.org/download/Documents/MDE1328912020ENGLISH.PDF
5