Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/37/68 para 87
Full recommendation:
The Special Rapporteur urges the Government to investigate and address allegations of physical
and psychological torture and other ill treatment in detention, and to prevent their reoccurrence,
including through ensuring accountability of the perpetrators. International organizations
should be permitted regular, unhindered and without-notice access to all places of detention.
Assessment using Impact Iran human rights indicators1
A. The Special Rapporteur urges the Government to investigate and address
allegations of physical and psychological torture and other ill-treatment in
detention, and to prevent their reoccurrence, including through ensuring
accountability of the perpetrators
The Iranian legal framework does not adequately protect individuals from torture and other-illtreatment and may well facilitate impunity.
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.”2
Article 39 of the Constitution of the Islamic Republic of Iran stipulates that “All affronts to the
dignity and repute of persons arrested, detained, imprisoned, or banished in accordance with the
law, whatever form they may take, are forbidden and liable to punishment.”3
Article 570 of the Islamic Penal Code states: “Any official and agent associated with State
agencies and institutions, who unlawfully strips members of the public of their personal freedom
or deprives them from their rights provided in the Constitution of the Islamic Republic of Iran,
shall be sentenced to two months to three years’ imprisonment, in addition to dismissal from the
service and prohibition of employment in state offices for one to five years.” Article 578 of the
Islamic Penal Code asserts “any civil servant or judicial or non-judicial agent who corporally
mistreats and abuses an accused person in order to force him to confess shall be sentenced
[…]”.4 The article also stipulates that the perpetrator of abuse will be charged for murder if the
accused persons dies as a result of mistreatment, and that the person who gave the order of abuse
1
CCPR.7.1.S.1; CCPR.7.1.P.1; CCPR.7.1.P.2; CCPR.7.1.O.1; CCPR.7.1.O.2; CCPR.7.1.O.3
Constitution of the Islamic Republic of Iran English translation
http://www.iranchamber.com/government/laws/constitution_ch03.php
3
Constitution of the Islamic Republic of Iran, English Translation, Iran Data Portal, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
4
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/
2
1