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 1

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