interviewed without the presence of a lawyer, or who have not been granted legal assistance
immediately.
In light of the above, the Iranian judiciary has not ensured that children who have been detained
or arrested are interviewed only in the presence of their chosen lawyer and/or are immediately
granted legal aid if needed.25
B. the Special Rapporteur recommends that the judiciary ensures that children who
have been detained or arrested are granted access to a family member of their
choice at all times regardless of the offence they are accused of
A number of restrictive provisions under Iranian law prevent relatives of detainees from being
informed of the detainees’ arrests when deemed “necessary”,26 further, relatives cannot inquire
about the detainees’ whereabouts if it “infringe[s] on the social and familial status of the
detainees”,27 conditions that are not further defined and seemingly therefore arbitrary. The right
of detainees to communicate with and receive visits of family members is restricted under Article
180 of the Prisons Regulations when judicial officials determine that correspondence is not in the
interest of a “good trial proceeding”, without clarifying what could contravene “good
proceedings” and without setting limitation as to the period of restriction.28 Competent judicial
authorities can allow correspondence and/or visit during the prohibition period, however such
decision does not appear to be subject to review by another official or body. Ultimately this
means that judges can, in practice, deprive detainees of their right to have contact with the
outside world for an unlimited period of time. Such provisions facilitate the perpetration of
enforced disappearances by Iranian authorities. Child offenders in the Islamic Republic of Iran
have not been guaranteed access to a family member of their choice at all times regardless of the
offence they are accused of.29
Recommendation Status:
This recommendation has NOT been implemented.
25
Amnesty International, https://www.amnesty.org/en/latest/news/2019/04/iran-two-17yearold-boys-flogged-and-secretlyexecuted-in-abhorrent-violation-of-international-law/
26
Article 50 of the revised Code of Criminal Procedure (2015) entitles individuals in custody to inform their relatives of their
arrest but permits “judicial officers” to impose restrictions on such right when deemed “necessary”, without clarifying when and
for how long such restrictions are allowed or specifying a competent official responsible for the approval of such decision.
Relatives then must refer to judicial officials.
27
Article 49 of the revised Code of Criminal Procedure (2015) entitles relatives of detainees to inquire about them to the local
Office of the Prosecutor, the Provincial Prosecutor, and the Head of the Justice Department in each province but only “to the
extent that it does not infringe on the social and familial status of the detainees” without specifying what constitute such
infringement.
28
Executive Regulations of the Prisons Organization, 11 December 2005, www.prisons.ir/page-main/fa/0/form/pId77
29
Amnesty International, https://www.amnesty.org/en/latest/news/2020/12/iran-stop-execution-of-young-man-arrested-at-16and-forced-to-confess/
4