Article 38 of the Constitution of the Islamic Republic of Iran prohibits torture and other illtreatment, but only when it is “used to extract an admission of guilt or to obtain information”.28
Similarly, Article 578 of the Islamic Penal Code asserts “any civil servant or judicial or nonjudicial agent who corporally mistreats and abuses an accused person in order to force him to
confess shall be sentenced […]”.29 Such provision is reiterated under Article 60 of the Code of
Criminal Procedure. Article 169 of the Prison Regulations prohibits “corporal punishment of the
accused or convicts, and imposing violent, excruciating or humiliating punishments, in all penal
institutions and prisons” and punishments are provided under Article 587 of the Islamic Penal
Code. 30 While Iranian law prohibits - conditionally - torture and certain abusive conducts during
interrogations, it does not provide a definition of torture per se. Torture and other ill-treatment
inflicted on an individual for other purposes than extracting confessions and/or information is
not, therefore, explicitly prohibited.
The prohibition of torture and other ill-treatment is a jus cogens norm under international law
and cannot be restricted in any circumstances,31 including by conflicting domestic laws.
The Iranian legal framework does not adequately protect individuals from torture and other-illtreatment and may well facilitate impunity. While Iranian laws provide for the accountability of
officials and authorities who infringed individuals’ rights and punishes the use of torture in order
to force confession, these provisions do not criminalize torture nor do they use the term
“torture”. The absence of a crime of torture in itself under Iranian law prevents prosecution,
which is limited only to cases of torture provided under the law.
Despite the limited legal framework, there are mechanisms competent to receive and investigate
complaints of torture and ill-treatment as provided under the law in the Islamic Republic of Iran.
The Supervision and Inspection Board, established under the Law on Respect for Legitimate
Freedoms and Safeguarding Citizen’s Rights, monitors the compliance of policies and conducts
with the law. The Board’s missions include submitting “the complaints it receives to the relevant
bodies and pursuing the investigation until it yields an outcome”; “deploying inspection groups
to the bodies”; and “preparing reports on the implementation of laws in the country every three
months and making them available to the public every three months.”32 The Supervision and
Inspection Board also has set up a database enabling victims and witnesses to submit their
complaints. On the occasion of its 2019 Universal Periodic Review, the Islamic Republic of Iran
stated that “the prosecutors, through judges stationed in prisons as well as the Secretariat of the
28
Constitution of the Islamic Republic of Iran English translation
http://www.iranchamber.com/government/laws/constitution_ch03.php
29
Islamic Penal Code of the Islamic Republic of Iran (2013), English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
30
Islamic Penal Code of the Islamic Republic of Iran (2013), English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
31
CCPR General Comment No. 20: Article 7, 10 March 1992, https://www.refworld.org/docid/453883fb0.html
32
Executive By-law of Article 1(15) of the Law on Respect for Legitimate Freedoms and Safeguarding Citizens’ Rights.
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