The 2015 CCP does not set out a clear timeframe within which the suspect must be informed of
the formal charges held against them.16 Such shortcomings enabled the temporary detention of a
number of individuals for an inappropriate amount of time before they could be finally notified
of their charges and their judicial process finally begins.17 Reports of long detentions by the
Iranian authorities before the issuance of charges against the detainees and mass arrests without
warrants are common place. Such occurrences are often linked with police crackdowns on
protesters or certain events. 18 19 20
Not being promptly informed of the nature and cause of criminal charges not only is a violation
of the right to a fair trial but also prevent accused individuals from challenging and seeking
dismissal of the charges at an early stage and to challenge the lawfulness of detention.
3. The intervention and presence of lawyers in all cases, including during the
investigation stage
Article 35 of Iran’s Constitution stipulates that when a party to a lawsuit is unable to secure legal
counseling “the means of a lawyer being appointed to act for them must be made available to
them”.21 Article 190 of the revised Code of Criminal Procedure (CCP) protects the right of a
suspect to “be accompanied by a lawyer during the preliminary investigations”. Article 48 of the
CCP permits the accused to “demand the presence of a lawyer from the start of detention.”22 23
Although the CCP guarantees the right to free legal assistance for those without adequate
financial resources, the applicability of this right is differentiated between the pre-trial and trial
phases.24 For instance, the CCP does not ensure access to free legal assistance during the
investigation phase in cases where the accused faces charges other than those punishable by
severe punishments such as the death penalty or life imprisonment. As a consequence,
safeguards provided in the Iranian legal framework fall short to protect the accused person’s
right to access legal counsel in the pre-trial phase. In many reported cases, especially national
security cases, defendants have reported seeing their lawyer for the first time on their day of trial.
25 26
Prisoners reportedly remained incarcerated without proper access to legal representation at
all stages of their trial process and lawyers were reportedly denied timely access to their clients'
16
Amnesty International <https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF>
UNPO <https://unpo.org/article/21430>
18
HRANA <https://www.en-hrana.org/motaleb-ahmadian-awaiting-trial-since-5-years-ago>
19
HRANA <https://www.en-hrana.org/ali-zahed-still-awaiting-court-session>
20
HRANA <https://www.en-hrana.org/saeed-shirzad-still-waiting-appeal-courts-decision>
21
Constitution of the Islamic Republic of Iran <http://www.iranchamber.com/government/laws/constitution_ch03.php>
22
Code of Criminal Procedure of the Islamic Republic of Iran (2015) as referenced in the 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
23
Code of Criminal Procedure of the Islamic Republic of Iran (2015) original version http://dotic.ir/print/5584
24
Amnesty International, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
25
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
26
HRW <https://www.hrw.org/news/2016/03/24/iran-detainees-denied-fair-legal-representation>
17
3