Special Rapporteur on the situation of human rights in the Islamic Republic of Iran A/HRC/43/61 para 70(n) Full recommendation: The Special Rapporteur recommends that the Government, the judiciary and the parliament, as appropriate: Ensure that deaths in custody and allegations of violations of due process and of ill-treatment are promptly, independently, impartially and effectively investigated by an independent competent authority with a view to holding perpetrators accountable and in compliance with the right to a fair trial. Assessment using Impact Iran human rights indicators1 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 bans “all affront to the dignity and repute of persons arrested, detained, imprisoned”. Article 570 of the Islamic Penal Code (2013) criminalizes violations of individuals’ freedoms and rights enshrined in the Constitution committed by officials and authorities. Similarly, 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 […]”.3 The Article adds that if the detainee “dies as a result of the abuses, the principal to the murder shall be sentenced to the punishment provided for a murdered, and the person who has issued the order shall be sentenced to the punishment provided for a person who has ordered a murder”. A similar provision is reiterated under Article 60 of the Code of Criminal Procedure. Article 169 of the Prison Regulations prohibits “corporal punishment of the accused or convicts, and imposing violent, excruciating or humiliating punishments, in all penal institutions and prisons” and punishments are provided under Article 587 of the Islamic Penal Code. 4 While Iranian law prohibits - conditionally - torture and certain abusive conducts during interrogations, it does not provide a definition of torture per se. Torture and other ill-treatment inflicted on an individual for other purposes than extracting confessions and/or information is not, therefore, explicitly prohibited. 1 CCPR.7.1.S.1; CCPR.10.1.S.1 CCPR.7.1.P.1; CCPR.10.3.P.2 ; CCPR.10.3.P.3 CCPR.7.1.O.1; 2 Constitution of the Islamic Republic of Iran English translation http://www.iranchamber.com/government/laws/constitution_ch03.php 3 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/ 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/ 1

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