Article 38 of the Constitution of the Islamic Republic of Iran stipulates “all forms of torture for the purpose of extracting confession or acquiring information are forbidden” and that “testimony, confession or oath obtained under duress is devoid of value and credence.”20 This reiterated under Article 1(9) of the Law on Respect for Legitimate Freedom and Safeguarding Citizens’ Rights, and Article 168 of the 2013 Islamic Penal Code, which deems a confession “admissible only if at the time of confession the confessor is sane, pubescent, intended [to make the confession] and free.” 21 Despite these provisions, the prohibition on admitting evidence obtained through ill-treatment is only formulated as a general principle. Iranian laws do not contain “detailed provisions on the inadmissibility of unlawfully obtained confessions and other tainted evidence” considered by the Committee Against Torture as “one of the essential means in preventing torture.”22 For example, while Article 169 of the Islamic Penal Code and Article 360 of the Code of Criminal Procedure (2015) stipulate that a confession taken under duress or involuntary shall be inadmissible before a court, there is no provision on what constitute an involuntary confession and who bears the burden of proving that a statement has been voluntary. The Penal Code and Criminal Code remain silent on specific procedures of investigation judges and prosecutors should follow to establish whether a confession is lawful and admissible. Such assessment appears to be at the discretion of the judge. In practice, the Iranian criminal justice system relies heavily on confessions as admissible evidence.23 Confessions obtained under torture and other ill-treatment to obtain confessions are facilitated by the denial of prompt access to legal counsel and encouraged by court that routinely 20 Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wp-content/uploads/constitutionenglish-1368.pdf 21 Islamic Penal Code (2013), English translation, Iran Human Rights Documentation Center, https://iranhrdc.org/englishtranslation-of-books-i-ii-of-the-new-islamic-penal-code/ 22 Committee Against Torture, Report to the General Assembly, A/54/44, para. 45, referring to Yugoslavia. 23 Under Article 171 of the Islamic Penal Code, confessions are accorded the primary weight. Islamic Penal Code (2013) English translation, Iran Human Rights Documentation Center, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamicpenal-code/ 4