courts still played a key role in enforcing this principle.12An issue that led to arbitrary actions in
many cases.
Processing complaints regarding the right to property and property confiscations has remained
challenging in the Islamic Republic. The General Assembly13 of the Supreme Court, once on
May 19, 1992, in its "Unity of Procedure" announced that the investigation of the complaint of
"individuals" and "legal entities" individuals to recover confiscated property, is in the special
jurisdiction of the "General Legal Courts".14A year later, on May 6, 1993, the General Assembly
changed its mind, and declared that the "revolutionary courts" are competent to hear and process
complaints.15 At present (2020), the claim of ownership of "individuals” or “legal entities” in
relation to the property confiscated by the ruling of the Islamic Revolutionary Court is subject to
the special jurisdiction of the "Revolutionary Courts".
Reports indicate that the existing enforcement mechanism is still ineffective and needs further
follow-up. Still, in recent years, there have been reports of individuals filing complaints and
being able to reclaim confiscated property.16 17
C. The Committee requests the Islamic Republic of Iran to include in its next periodic
report information on the extent and the root causes of homelessness in the State
party. The Committee draws the State party’s attention to its general comment No.
4 (1991) on the right to adequate housing.
As of February 2021, the Islamic Republic of Iran has not submitted its next periodic report to
the Committee (due initially in 2018).18
Despite the existence of legislative provisions covering the registration of housing and
mechanisms to process property confiscation complaints, reports continue to indicate that issues
remain in terms of registering housing and processing confiscation complaints. This
notwithstanding, a number of rural inhabitants have been able to register their housing in the last
12
Article 3 of the Law to Implementing Article 49 of the Constitution.
It is the highest entity to determine ruling on any legal issue that is facing varrrying interpretations by different courts.
14
The Supreme Court rolling issue number 575: <https://rc.majlis.ir/fa/law/show/101477 >
15
The Supreme Court rolling issue number 581: < https://rc.majlis.ir/fa/law/show/101486 >
16
Mahmoud Alizadeh Tabatabai, lawyer, was interviewed by the Sazandegi Newspaper on December 24, 2018. He stated:
"Cases related to confiscated property are still active in courts. Those who did not have any wealth other than property, with their
property confiscated, without them being allowed to enter or leave the country should submit a complaint through a lawyer. He
further stated, "Many were able to get their property, and many filed lawsuits in Algerian courts[according to Algeria Accords],
where they were able to get their property back and file lawsuits by proving their dual citizenship."
<http://sazandeginews.com/News/814 >
17
This part of the recommendation needs to be completed by looking at Iran’s possible report after this recommendation [The
Committee also requests the State party to include in its next periodic report information on the extent and the root causes of
homelessness in the State party.]
18
https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=IRN&Lang=EN
13
3