Article 46 of the CCP states that where law-enforcement officers observe a crime in progress and
make an arrest, they must communicate charges and evidence in written form to the arrested
person “immediately” and present relevant information to the Prosecutor’s Office as a matter of
urgency.
Despite these legal safeguards, NGO reports suggest that arresting agents routinely fail to
produce warrants when they should.7 8 9 Mass arrests without warrants are also reported, notably
in conjunction with crackdowns on protest activity10 11 12 13 as well as blanket warrants issued for
roundups of persons whose identity is not known in advance, notably drug users.14 Additionally,
authorities reportedly regularly arrest and detain accused individuals and then attempt to gather a
confession or any type of information that might prove their guilt.15 16 17 18
As the access to legal counsel at all stages of a trial, including the investigation phase, is not
guaranteed under Iranian law,19 many individuals arrested following general and blanket
warrants lack access to a lawyer to challenge and appeal their arrests. In many reported cases,
especially national security cases, defendants have reported seeing their lawyer for the first time
on their day of trial. 20 21 Prisoners reportedly remained incarcerated without proper access to
legal representation during all stages of their trial process and lawyers were reportedly denied
timely access to their clients' legal files. 22 23 24
7
Omid memorial case of Said Baluchi, Abdorrahman Boroumand Center (https://www.iranrights.org/memorial/story/-7669/saidbaluchi)
8
Omid memorial case of Mohsen Nasiri, Abdorrahman Boroumand Center (https://www.iranrights.org/memorial/story/7770/mohsennasiri)
9
See more: Joint submission to the Human Rights Committee, Abdorrahman Center, Iran Human Rights Documentation Center
(IHRDC), Impact Iran and Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2fCCPR%2fICS%2fIRN%2f42313
&Lang=en
10
Amnesty International, https://www.amnesty.org/download/Documents/MDE1328912020ENGLISH.PDF
11
HRANA https://www.en-hrana.org/motaleb-ahmadian-awaiting-trial-since-5-years-ago
12
HRANA https://www.en-hrana.org/ali-zahed-still-awaiting-court-session
13
HRANA https://www.en-hrana.org/saeed-shirzad-still-waiting-appeal-courts-decision
14
According to Tehran Province State Welfare Organization head Amin Shahrokhi, so-called “flagrant addicts” are arrested by
police with a warrant from the judge and sent to Article 16 forced detoxification centers supervised by the State Welfare
Organization (Tabnak, April 4,2020 tabnak.ir/0044Ki)
15
HRANA, https://www.amnesty.org/en/latest/news/2018/06/iran-sufi-bus-driver-executed/
16
HRANA, https://www.en-hrana.org/statements/amnesty-iran-tv-confessions-breach-suspects-rights
17
HRANA, https://www.en-hrana.org/2-civil-activists-cases-sent-back-primarily-court
18
HRANA, https://www.en-hrana.org/statements/human-rights-watch-halt-execution-child-offender
19
See more: Joint submission to the Human Rights Committee, Abdorrahman Center, Iran Human Rights Documentation Center
(IHRDC), Impact Iran and Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2fCCPR%2fICS%2fIRN%2f42313
&Lang=en
20
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
21
HRW https://www.hrw.org/news/2016/03/24/iran-detainees-denied-fair-legal-representation
22
HRANA https://www.en-hrana.org/arash-sadegh-golrokh-iraeis-lawyers-access-cases
23
HRANA https://www.en-hrana.org/political-prisoner-denied-access-to-an-attorney
24
HRANA https://www.en-hrana.org/court-prevents-lawyer-accessing-files-five-sunni-prisoners
2