Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/43/61 para 70(i)
Full recommendation:
The Special Rapporteur recommends that the Government, the judiciary and the parliament, as
appropriate: Pending its abolishment, ensure that solitary confinement is used only in
exceptional cases, as a last resort and for as short a time as possible, following authorization by
a competent authority and subject to independent review;
Assessment using Impact Iran human rights indicators1
The Iranian Criminal Code of Procedure (2015) lists the disciplinary punishments that may be
imposed on detainees and prisoners but excludes solitary confinement, which remains prescribed
under Article 175 of the Prison Regulations. 2 Under Iran’s Prison Regulations, any disciplinary
measures may be imposed after investigation by a disciplinary council composed of judicial and
prison officials, although the Regulations do not specify the offences that may be subject to
punishments. If the disciplinary council finds the accused prisoner guilty by majority vote, it may
impose “detention in solitary confinement for a maximum of 20 days.”3 The lack of regulations
for holding detainees in solitary confinement outside of the circumstances predicted under Prison
Regulations put detainees at risk of arbitrary solitary confinement, and for prolonged periods of
time.
Article 175 of Iran’s Prison Regulations stipulates that solitary confinement should not exceed
20 days,4 while the UN Standard Minimum Rules for the Treatment of Prisoners (or Nelson
Mandela’s rules) consider solitary confinement longer than 15 days as prolonged solitary
confinement. 5 The Human Rights Committee has stipulated that the prolonged solitary
confinement of detainees may amount to torture or other cruel, inhuman or degrading treatment
or punishment.6
Reports suggest that the Section 209 of the Evin Prison in Tehran, under the control of the
Ministry of Intelligence, is the place of systematic and large-scale use of solitary confinement
1
CCPR.9.1.S.2
CCPR.9.1.P.1; CCPR.9.1.P.3
CCPR.9.O.1; CCPR.9.1.O.2; CCPR.9.O.3
2
Article 524, Code of Criminal Procedure of the Islamic Republic of Iran, and Iranian Prisons Regulations, as referred to in
https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
3
Amnesty International, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
4
Amnesty International, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
5
Rule 44, Nelson Mandela’s Rules or UN Standard Minimum Rules for the Treatment of Prisoners,
https://www.unodc.org/documents/justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf
6
General comment No. 20 (1992) on the prohibition of torture, or other cruel, inhuman or degrading treatment or punishment,
para. 6.
1