Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/40/67 para 75(d)
Full recommendation:
Pending implementation of the aforementioned recommendations, and without prejudice to the
binding obligation enshrined in the Convention on the Rights of the Child and the International
Covenant on Civil and Political Rights to not sentence children to death and to not execute child
offenders, the Special Rapporteur recommends that the judiciary: (d) Ensure that children who
have been detained or arrested are interviewed only in the presence of their chosen lawyer, are
immediately granted legal aid if needed, and are granted access to a family member of their
choice at all times regardless of the offence they are accused of.
Assessment using Impact Iran human rights indicators1
A. the Special Rapporteur recommends that the judiciary ensures that children who
have been detained or arrested are interviewed only in the presence of their chosen
lawyer, are immediately granted legal aid if needed
Article 35 of the Constitution of Iran grants everyone the right to select a lawyer and states that if
a person is unable to do so, arrangements must be made to provide them with legal counsel.2
Child defendants are considered under the same criminal legal framework as adults in the Islamic
Republic of Iran. State- funded legal aid is available to persons who provide evidence that they
do not have the financial means to secure legal representation; however, there is no priority given
to or special regime for applications submitted on behalf of children.3 Iranian law recognizes the
right to a lawyer for all criminal defendants including child and juvenile defendants,4 although
there are exceptions and restrictions applied to that right.
With regards to the provision of qualified and independent legal aid at the early stages of the
legal proceedings, the new Code of Criminal Procedure (CCP) allows defendants, including child
defendants, upon their request, to access a lawyer within the initial investigation phase. The
procurator (often called an investigative judge) who oversees the investigation phase is also
required to inform the defendant of the right to legal counsel. 5 In cases where the defendant’s
guardians cannot afford a lawyer, a public defender will be appointed by the court. Additionally,
Article 48 of the CCP permits all criminal defendants, including child and juvenile defendants, to
1
CCPR.6.5.S.1; CRC.6.1.S.2; CRC.37.4.S.1; CCPR.6.5.P.1; CRC.37.4.P.1; CCPR.37.4.P.2; CCPR.6.5.O.1; CCPR.6.5.O.2;
CCPR.37.2.O.2 ; CRC.37.4.O.2 CCPR.37.4.S.1
2
Constitution of Iran, Article 35, https://irandataportal.syr.edu/wp-content/uploads/constitution-english-1368.pdf, (English
translation)
3
Family protection law, Article 5.
4
Code of Criminal Procedure, Article 5, https://bit.ly/2T0Sgja
5
Code of Criminal Procedure, Article 190, https://bit.ly/2T0Sgja

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