deals with juvenile and child defendants, the presence of an attorney is not required in trials for
less serious ta’zir crimes (i.e. those with discretionary punishments), meaning a public defender
would not be provided in such cases. Article 415 also states that in these cases, a parent or the
child can conduct the defence.20 According to the Iran Human Rights Documentation Center,
child defendants are frequently charged with these less serious categories of offenses, especially
girls accused of prostitution, a crime punishable by flogging. Even in cases where a child
defendant is eligible for state funded legal aid, there is no system in place to prioritize attorneys
for children.21
In practice, authorities in Iran frequently restrict or limit access to a lawyer even in situations
where it is legally permitted or required. Defendants in national security cases are often denied
access to a lawyer in the investigative stage of the judicial process. In the hundreds of cases of
individuals arrested for political reasons or suspected for ordinary crimes that the Abdorrahman
Boroumand Center has investigated, all detainees were interrogated without the presence of an
attorney.22 Reported cases show a pattern of incarcerated prisoners being subjected to limited or
restricted access to legal representation through all stages of the trial process.23 24 Such pattern
includes cases where children were denied access to legal counsel, notably during the
investigation phase, and in some of these cases were sentenced to death. 25 26 27
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.28
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. Additionally, there is little information as to whether children
have unhindered access to such complaint mechanism. Under Iranian law, only children over the
age of 15, who are legally deemed mature, may bring a case to Iranian courts unassisted.29
However, children under the age of 15 must bring cases through their legal guardians, typically a
20
Code of Criminal Procedure, Article 415, https://bit.ly/2T0Sgja
See more: Joint alternative report by civil society organizations on the implementation of the Convention on the Rights of the
Child by the Islamic Republic of Iran, 2015,
https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19809_E.pdf
22
Abdorrahman Boroumand Center, joint submission to the Human Rights Committee from the Abdorrahman Boroumand
Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
23
HRANA <https://www.en-hrana.org/political-prisoner-denied-access-to-an-attorney>
24
HRANA <https://www.en-hrana.org/arash-sadegh-golrokh-iraeis-lawyers-access-cases
25
See: <https://www.en-hrana.org/juvenile-offender-death-row-ardabil-prison>;<https://www.en-hrana.org/open-letter-kurdishcitizen-fears-for-imprisoned-brothers-life >; <https://www.en-hrana.org/mohammad-saber-malek-reisi-teenager-became-adultprison >
26
OHCHR News, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23689&LangID=E
27
Amnesty International, https://www.amnesty.org/en/latest/news/2019/04/iran-two-17yearold-boys-flogged-and-secretlyexecuted-in-abhorrent-violation-of-international-law/
28
Iran Human Rights Documentation Center, https://iranhrdc.org/internal-regulation-on-the-commission-of-article-90-of-theconstitution/
29
Civil Code, art. 1210
21
4