their liberty. In this respect, she echoes the recommendations made by the previous mandate holder to strengthen fair trial safeguards The Iranian legal framework does not adequately protect fair trial safeguards, 31 notably with regards to the right to access to legal assistance. The guarantee of the right to legal defence is enshrined in Article 35 of the Constitution, which ensures the right to choose a lawyer.32 Article 190 of the revised Code of Criminal Procedure (CCP) protects the right of a suspect to “be accompanied by a lawyer during the preliminary investigations”. Article 48 of the Code of Criminal Procedure (CCP), revised in 2015, permits the accused to “demand the presence of a lawyer from the start of detention.”33 34 Article 48 of the Code of Criminal Procedure (CCP), revised in 2015, permits the accused to “demand the presence of a lawyer from the start of detention.”35 36 Although the CCP guarantees the right to free legal assistance for those without adequate financial resources, the applicability of this right is differentiated between the pre-trial and trial phases.37 For instance, the CCP does not ensure access to free legal assistance during the investigation phase in cases where the accused faces charges other than those punishable by severe punishments, such as the death penalty or life imprisonment. As a consequence, safeguards provided in the Iranian legal framework do not protect all accused persons’ right to access legal counsel in the pre-trial phase. Members of minorities frequently face discriminatory conditions that limit their equal access to the courts, despite guarantees in the law, specifically, members of the Sunni38, Arab Ahwazi39, Kurdish40 and Baha'i41 minorities are denied legal representation.42 In many reported cases, especially national security cases, defendants have reported seeing their lawyer for the first time 31 See more: NGO joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf 32 Constitution of the Islamic Republic of Iran, English translation, < http://www.iranchamber.com/government/laws/constitution_ch03.php> 33 Code of Criminal Procedure of the Islamic Republic of Iran (2015) as referenced in the joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf 34 Code of Criminal Procedure of the Islamic Republic of Iran (2015) original version http://dotic.ir/print/5584 35 Code of Criminal Procedure of the Islamic Republic of Iran (2015) as referenced in the joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf 36 Code of Criminal Procedure of the Islamic Republic of Iran (2015) original version http://dotic.ir/print/5584 37 Amnesty International, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF 38 HRANA <https://www.en-hrana.org/court-prevents-lawyer-accessing-files-five-sunni-prisoners> 39 UNPO <https://unpo.org/article/21430> 40 HRANA <https://www.en-hrana.org/political-prisoner-denied-access-to-an-attorney> 41 HRANA <https://www.en-hrana.org/uncertain-situation-of-seven-bahai-detainees-in-rajaie-shahr-prison> 42 OHCHR (A/HRC/34/65) <https://undocs.org/en/A/HRC/34/65> 4