Special Rapporteur on extrajudicial, summary or arbitrary executions A/HRC/14/24/Add.1
para 396
Full recommendation:
(Regarding post-election violence killings of 5 students and 7 others. killing of students Fatemeh
Barati, Kasra Sharafi, Mobina Ehterami, Kambiz Sho'a'i and Mohsen Imani along with at least
seven other protesters and the arbitrary detention of dozens of opposition activists following
recent elections in Iran.) Without expressing at this stage an opinion on the facts of the case and
on whether the detention of the abovementioned persons is arbitrary or not, we would like to
appeal to your Excellency's Government to take all necessary measures to guarantee their right
not to be deprived arbitrarily of their liberty and to fair proceedings before an independent and
impartial tribunal, in accordance with articles 9 and 10 of the Universal Declaration of Human
Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights.
Assessment drafted using Impact Iran indicators1
A. Take all necessary measures to guarantee the right not to be deprived arbitrarily
of liberty.
Article 32 of the Iranian Constitution guarantees that no one shall be arrested except according to
the procedures prescribed by law. The 2015 Iranian Code of Criminal Procedure (CCP)2 is the
relevant legislation which elaborates on the law regarding arrest and detention. Article 181 of the
CCP, provides that, in most circumstances, accused individuals are to be arrested pursuant to a
warrant which specifies a reason for the arrest and details pertaining to this reason, signed by an
investigating judge. Law enforcement officers may only arrest an individual without a
magistrate-issued arrest warrant for so called ‘evident crimes’3 and in such circumstances the
authorities may not detain the suspect for longer than 24 hours without a judge granting an arrest
warrant.
Article 46 of the CCP states that where law-enforcement officers observe a crime in progress and
make an arrest, they must communicate charges and evidence in written form to the arrested
person “immediately” and present relevant information to the Prosecutor’s Office as a matter of
urgency. Officers may not hold an individual for more than 24 hours in such circumstances.

1

CCPR.9.1.S.1; CCPR.9.1.P.1; CCPR.14.3.S.1; CCPR.9.2.O.1; CCPR.9.1.O.1; CCPR.9.3.O.1; CCPR.9.4.P.1
CPC: https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/103250/125277/F1666226145/IRN-2014-L-103250.pdf
1999 CPC: https://www.refworld.org/docid/517fb0994.html
3 See Art. 21 Iran: Criminal Code of Procedure for Public and Revolutionary Courts (repealed) (1999)
Crimes are considered ‘evident’ if (1) committed the crime in view of judiciary officers, or the officers arrive on the scene
immediately afterwards (2) If two or more people witness the crime or a victim identifies an offender immediately after the crime
is committed (3) If obvious evidence or proof of the crime is found in the accused’s possession or belong to the accused (4) If the
accused intends to abscond, or is escaping or is arrested immediately after the crime is committed (5) If a resident asks for the
presence of the officers in his or her home immediately after the crime is committed. (6) If the accused is a vagrant.
22014

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