Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/43/61 para 70(l)
Full recommendation:
The Special Rapporteur recommends that the Government, the judiciary and the parliament, as
appropriate: Ensure furlough and family visitation rights to all prisoners;
Assessment using Impact Iran human rights indicators1
Iranian Prisons Regulations2 ensure furlough and family visitation rights to prisoners.3 A number
of restrictive provisions under Iranian law prevent relatives of detainees from being informed of
the detainees’ arrests when deemed “necessary”.4 Further, relatives cannot inquire about the
detainees’ whereabouts if it “infringe[s] on the social and familial status of the detainees”,5
conditions that are not further defined and seemingly therefore arbitrary. The right of detainees
to communicate with and receive visits of family members is restricted under Article 180 of the
Prisons Regulations when judicial officials determine that correspondence is not in the interest of
a “good trial proceeding”, without clarifying what could contravene “good proceedings” and
without setting limitation as to the period of restriction.6 Competent judicial authorities can allow
correspondence and/or visit during the prohibition period, however such decision does not
appear to be subject to review by another official or body. Ultimately this means that judges can,
in practice, deprive detainees of their right to have access to the outside world, including family
visitations, for an unlimited period of time. Such provisions facilitate the perpetration of
enforced disappearances by Iranian authorities.
Prisoners may be granted furlough if a close relative gets married, dies or suffers from a serious
and incapacitating illness.7 However, prisoners convicted on national security charges, a charge
1
CCPR.10.1.S.1
CCPR.10.3.P.2; CCPR.10.3.P.3
2
Article 182, Regulatory Code of 11 Dec. 2005 (Governing the Prisons Organization and Security and Corrective
Measures), available at http://www.prisons.ir/index.php?Module=SMMPageMaster&SMMOp=View&PageId=27.
3
See more: Iran Human Rights Documentation Center, https://iranhrdc.org/rights-disregarded-prisons-in-the-islamic-republic-ofiran/#ftn349
4
Article 50 of the revised Code of Criminal Procedure (2015) entitles individuals in custody to inform their relatives of
their arrest but permits “judicial officers” to impose restrictions on such right when deemed “necessary”, without
clarifying when and for how long such restrictions are allowed or specifying a competent official responsible for the
approval of such decision. Relatives then must refer to judicial officials.
5
Article 49 of the revised Code of Criminal Procedure (2015) entitles relatives of detainees to inquire about them to
the local Office of the Prosecutor, the Provincial Prosecutor, and the Head of the Justice Department in each province
but only “to the extent that it does not infringe on the social and familial status of the detainees” without specifying
what constitute such infringement.
6
Executive Regulations of the Prisons Organization, 11 December 2005, www.prisons.ir/page-main/fa/0/form/pId77
7
Article 213, Regulatory Code of 11 Dec. 2005 (Governing the Prisons Organization and Security and Corrective Measures), art.
182, available at http://www.prisons.ir/index.php?Module=SMMPageMaster&SMMOp=View&PageId=27
1