NEW0015
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2010
- Full Recommendation
Although the death penalty is not, per se, prohibited under international law, I would like to remind your Excellency's Government that it must be regarded as an extreme exception to the fundamental right to life, and must as such be interpreted in the most restrictive manner. It is crucial that all restrictions and fair trial standards pertaining to capital punishment contained in international human rights law are fully respected in proceedings relating to capital offences. As Article 14(5) of the ICCPR provides, "Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law." Since the Head of the Judiciary has ordered a review of Mr. Haddadi's case, no execution should be carried out before the completion of the review
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/14/24/Add.1
NEW0017
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2015
- Full Recommendation
The Special Rapporteur thanks the Government for its response, in which it is indicated that the case was under reconsideration and the final verdict had to be issued. Therefore, he would like to urge the Government of the Islamic Republic of Iran not to execute Ms. Razieh Ebrahimi.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/29/37/Add.5
NEW0021
- Mechanism
- Special Rapporteur - Human Rights Defenders
- Date
- Feb 1, 2016
- Full Recommendation
The Special Rapporteur appeals to the Government to take all necessary measures to guarantee that all human rights defenders are subject to fair proceedings before an independent and impartial tribunal. The Special Rapporteur is alarmed at the numerous reports of human rights defenders who were deprived of due process and denied their rights to legal counsel. He is concerned with thelegal persecution of individualsfor exercising their legitimate rights to freedom of opinion and expression, peaceful assembly and association
- Recommendation Status
- Not Implemented
- Themes
- Freedom of expression
- Right to assembly & association
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- HRDs, Journalists & Lawyers
- Source Reference Info
- A/HRC/31/55/Add.1
REF0030
- Mechanism
- Special Rapporteur - Iran
- Date
- Sep 1, 2012
- Full Recommendation
Emphasizes the need to explicitly define actions that constitute crimes against national security, and encourages the Government to guarantee the space for public criticism or advocacy through peaceful activities that are protected by international law. Calls on the government to ensure that restrictions on freedom of expression and the right to information are "content-specific" as called for by the Human Rights Committee in its General Comment 34 on article 19.
- Recommendation Status
- Not Implemented
- Themes
- Freedom of expression
- Right to assembly & association
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/67/369
REF0043
- Mechanism
- Special Rapporteur - Iran
- Date
- Aug 1, 2014
- Full Recommendation
The Government should consider extending the de facto moratorium on stoning. The continued failure of the judiciary to guarantee due process rights, the frequent application of the death penalty for crimes that do not meet the internationally permissible threshold for capital punishment and the imposition of the death penalty on juvenile offenders warrant an immediate and unconditional halt to such practices.
- Recommendation Status
- Partially Implemented
- Themes
- Freedom from torture/CID treatment
- Right to fair trial
- Right to life
- Demographics
- Children
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/69/356
REF0061
- Mechanism
- Special Rapporteur - Iran
- Date
- Oct 1, 2015
- Full Recommendation
Encourages officials to reconsider amendments that would undermine the initially positive efforts to facilitate access of detained suspects to legal counsel during the investigation phase of their cases.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/70/411
REF0083
- Mechanism
- Special Rapporteur - Iran
- Date
- Aug 1, 2017
- Full Recommendation
She urges the Government to reform the judicial system with a view to ensuring its independence. Appropriate training for the members of the judiciary is also necessary to ensure that guarantees of a fair trial and due process are effectively respected.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/72/322
REF0085
- Mechanism
- Special Rapporteur - Iran
- Date
- Aug 1, 2017
- Full Recommendation
The Special Rapporteur recommends that the Government should strenghten Bar associations and bar councils so that they are self-regulatory and function independently. That would enable them to regulate the profession without discrimination and to develop tools to protect its members from being persecuted for their independent professional decisions or views.
- Recommendation Status
- Not Implemented
- Themes
- Liberty and Security of the person
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- HRDs, Journalists & Lawyers
- Source Reference Info
- A/72/322
REF0121
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2010
- Full Recommendation
(Regarding post-election violence killings of 5 students and 7 others. killing of students Fatemeh Barati, Kasra Sharafi, Mobina Ehterami, Kambiz Sho'a'i and Mohsen Imani along with at least seven other protesters and the arbitrary detention of dozens of opposition activists following recent elections in Iran.) Without expressing at this stage an opinion on the facts of the case and on whether the detention of the abovementioned persons is arbitrary or not, we would like to appeal to your Excellency's Government to take all necessary measures to guarantee their right not to be deprived arbitrarily of their liberty and to fair proceedings before an independent and impartial tribunal, in accordance with articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights.
- Recommendation Status
- Not Implemented
- Themes
- Liberty and Security of the person
- Right to fair trial
- Demographics
- Civil Society
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/14/24/Add.1
REF0132
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2010
- Full Recommendation
Finally, without expressing at this stage an opinion on whether the arrests of protestors on 27 December 2009 are arbitrary or not, we would like to appeal to your Government to take all necessary measures to guarantee their right not to be deprived arbitrarily of their liberty and to fair proceedings before an independent and impartial tribunal, in accordance with articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights.
- Recommendation Status
- Not Implemented
- Themes
- Arbitrary Detention
- Liberty and Security of the person
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/14/24/Add.1
REF0137
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2010
- Full Recommendation
International law, in particular Article 6(4) of the International Covenant on Civil and Political Rights, guarantees the right to seek pardon or commutation of the sentence from the State authorities. Where the diyah pardon is available, it must be supplemented by a separate, public system for seeking an official pardon or commutation.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/14/24/Add.1
REF0146
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2010
- Full Recommendation
Only the full respect for stringent due process guarantees distinguishes capital punishment as still allowed under international law from a summary execution, which violates the most fundamental human right. We therefore urge your Excellency's Government to take all necessary measures to guarantee that the rights under international law of Messrs Ali Saedi, Walid Naisi, Majid Fardipour (Majid Mahawi), Doayr Mahawi, Maher Mahawi, Ahmad Saedi, and Yousuf Leftehpour are respected. Considering the irreversible nature of capital punishment, this can only mean suspension of the death sentence against the seven men until the question of whether fair trial guarantees were respected has been clarified and the allegations of torture have been thoroughly investigated and all doubts in this respect dispelled.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from torture/CID treatment
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Prisoners
- Source Reference Info
- A/HRC/14/24/Add.1
REF0168
- Mechanism
- Special Rapporteur - Iran
- Date
- Feb 1, 2013
- Full Recommendation
Investigate all allegations of torture, address impunity and end the culture of investigation through confession as reflected by the breadth of reports communicated to the Special Rapporteur.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from torture/CID treatment
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Prisoners
- Source Reference Info
- A/HRC/22/56
REF0169
- Mechanism
- Special Rapporteur - Iran
- Date
- Feb 1, 2013
- Full Recommendation
Consider a moratorium on capital punishment until the efficacy of judicial safeguards can be meaningfully demonstrated, and stay the execution of individuals who have alleged violations of their due process rights.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/22/56
REF0172
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2013
- Full Recommendation
Should any of the alleged violations of procedural safeguards in the proceedings conducted against him be confirmed, the Special Rapporteur calls upon the Government of the Islamic Republic of Iran not to execute Mr. Behrooz Alkhani Aghbarzeh (Mr. Behrouz Alakhani), and commute without delay his sentence.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/23/47/Add.5
REF0175
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2013
- Full Recommendation
The Special Rapporteur notes that 17 communications were sent to the Government of the Islamic Republic of Iran during the period under review. He thanks the Government for the responses received to five communications. At the same time, he regrets that the Government did not provide replies to 12 communications, and encourages it to respond substantively to all of them. The Special Rapporteur is particularly concerned about the high number of cases regarding the imposition of the death penalty in the Islamic Republic of Iran in contravention of international human rights law, namely of the most serious crimes provision and the standards on fair trial and due process safeguards. Should these allegations be corroborated, he strongly encourages the Government to stay all executions and commute without delay the death sentences. He also calls upon the Government to bring its domestic legislation and practice in conformity with the international law requirements regarding the imposition of the death penalty in the countries which have not yet abolished it.
- Recommendation Status
- Not Implemented
- Themes
- International treaties, reporting, data and non-compliance
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/23/47/Add.5
REF0179
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2014
- Full Recommendation
To strengthen fair trial safeguards by ensuring access to legal counsel during all phases of pretrial detention and the investigative stage of cases, including during interrogation and arraignment, and allow for legal counsel to advise the accused during these proceedings.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/25/61
REF0180
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2014
- Full Recommendation
To improve access of legal counsel to all files containing evidence against the accused.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/25/61
REF0195
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2015
- Full Recommendation
High priority should be placed on amending laws and policies that undermine or violate internationally recognized rights and standards, and that therefore diminish the Government's capacity to address concerns highlighted during the review and presented in the present and other reports produced by the human rights mechanisms. The Government should rescind laws that render as offences activities conducted to exercise legitimate rights under international law, including any laws that restrict the press, criminalize expression, limit access to information and give rise to the ongoing arrests of civil society actors and members of vulnerable groups, including religious and ethnic minorities, as well as laws that apply the death penalty to offences, such as drug-trafficking, that are not considered to be "most serious crimes" under international law. Moreover, the mandatory use of the death penalty is not compatible with the fair trial safeguards required under international law for the application of the death penalty and should be reconsidered.
- Recommendation Status
- Not Implemented
- Themes
- Freedom of expression
- Liberty and Security of the person
- Right to fair trial
- Right to life
- Demographics
- Civil Society
- General Population, individual cases, miscellaneous
- Religious, Ethnic and Linguistic Minorities
- Source Reference Info
- A/HRC/28/70
REF0203
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2015
- Full Recommendation
The Special Rapporteur looks forward to observing the impact that amendments to the Code of Criminal Procedure will have on improving access to legal counsel, and encourages the Government to guarantee this right for all accused, regardless of the allegations against them. He notes that the Government should further ensure that national laws support the independence of lawyers, in accordance with international norms and standards, and implores the Islamic Republic of Iran to release all lawyers that appear to have been imprisoned for protected activities in defence of their clients, such as raising awareness about fair trial concerns.
- Recommendation Status
- Not Implemented
- Themes
- Arbitrary Detention
- Liberty and Security of the person
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- HRDs, Journalists & Lawyers
- Source Reference Info
- A/HRC/28/70
REF0215
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2016
- Full Recommendation
Despite some positive amendments in 2013, the Islamic Penal Code continues to justify serious human rights violations perpetrated by government officials, including members of the judiciary. Many provisions in the penal code violate the country's international human rights obligations by criminalizing the peaceful exercise of fundamental rights or other acts that are not internationally recognized as crimes. The penal code also continues to discriminate against girls, women and religious minorities. The Special Rapporteur encourages the Government to consider additional reforms to the penal code in line with the country's international legal obligations.
- Recommendation Status
- Not Implemented
- Themes
- Arbitrary Detention
- Freedom from discrimination
- Liberty and Security of the person
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Religious, Ethnic and Linguistic Minorities
- Women and Girls
- Source Reference Info
- A/HRC/31/69
REF0354
- Mechanism
- Working Group - Arbitrary Detention
- Date
- Feb 1, 2003
- Full Recommendation
It should be recalled that the Article 90 Parliamentary Commission highlighted, in receiving the Working Group, "the injustices and inconsistencies resulting from the proliferation of judicial decision-making bodies". The revolutionary tribunals, one such group of bodies, as well as the religious courts, should be abolished.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- E/CN.4/2004/3/Add.2
REF0448
- Mechanism
- Special Rapporteur - Violence Against Women
- Date
- Jan 1, 2006
- Full Recommendation
Eliminate all obstruction to justice on the grounds of sex, class and religion emanating from the practice of diyah;
- Recommendation Status
- Partially Implemented
- Themes
- Freedom from discrimination
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Religious, Ethnic and Linguistic Minorities
- Women and Girls
- Source Reference Info
- E/CN.4/2006/61/Add.3
REF0467
- Mechanism
- Special Rapporteur - Violence Against Women
- Date
- Jan 1, 2006
- Full Recommendation
Investigate publicly all allegations of arbitrary detention and to ensure that victims of arbitrary detention receive compensation;
- Recommendation Status
- Not Implemented
- Themes
- Arbitrary Detention
- Liberty and Security of the person
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Prisoners
- Source Reference Info
- E/CN.4/2006/61/Add.3
REF0591
- Mechanism
- Human Rights Committee
- Date
- Aug 2, 1993
- Full Recommendation
The Committee recommends that Iranian legislation and practice be brought into line with the provisions of articles 9 and 14 of the Covenant, which provide that all persons should have the right to a fair trial, including the assistance of counsel, the right to be brought promptly before a judge and the right to be tried in public. Urgent consideration should also be given to the abolition of the Revolutionary courts.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- CCPR/C/79/Add.25
REF0614
- Mechanism
- Human Rights Committee
- Date
- Nov 1, 2011
- Full Recommendation
The State party should ensure that an inquiry is opened in each case of alleged torture and cruel, inhuman or degrading treatment in detention facilities, and that the perpetrators of such acts are prosecuted and punished appropriately. It should ensure that effective reparation, including adequate compensation, is granted to every victim. The State party should also ensure that no one is coerced into testifying against themselves or others or to confess guilt and that no such "confession" is accepted as evidence in court, except against a person accused of torture or other ill-treatment as evidence that the "confession" or other statement was made.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from torture/CID treatment
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Prisoners
- Source Reference Info
- CCPR/C/IRN/CO/3
REF0616
- Mechanism
- Human Rights Committee
- Date
- Nov 1, 2011
- Full Recommendation
The State party should urgently establish a full, impartial and independent investigation into allegations of killings, torture and other ill-treatment during and following the 12 June 2009 presidential elections, and prosecute those officials found responsible.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from torture/CID treatment
- International treaties, reporting, data and non-compliance
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Prisoners
- Source Reference Info
- CCPR/C/IRN/CO/3
REF0634
- Mechanism
- Human Rights Committee
- Date
- Nov 1, 2011
- Full Recommendation
The State party should ensure that all legal proceedings are conducted in full accordance with article 14 of the Covenant, including guaranteeing (a) the right to legal assistance of one's own choosing, including for pretrial detainees; (b) the right to be informed promptly of the nature and cause of the criminal charges; (c) the intervention and presence of lawyers in all cases, including during the investigation stage; (d) the presumption of innocence; (e) the right to a public hearing; and (f) the right to appeal a ruling. The State party should remove the mahdoor-ol-dam (deserving of death) definition, applied to victims, so as to ensure that perpetrators are prosecuted and brought to justice for their crimes. The Committee reminds the State party of its general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- CCPR/C/IRN/CO/3
REF0636
- Mechanism
- Human Rights Committee
- Date
- Nov 1, 2011
- Full Recommendation
The State party should take immediate steps to ensure and protect the full independence and impartiality of the judiciary, and guarantee that it is free to operate without pressure and interference from the executive power and clergy. The State party should also ensure that judges, in interpreting legislation and in relying on religious principles, do not reach verdicts that are in contravention of the rights and principles as laid down in the Covenant.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- CCPR/C/IRN/CO/3
REF0844
- Mechanism
- CRC
- Date
- Mar 1, 2016
- Full Recommendation
The Committee strongly urges the State party to repeal article 301 of the Islamic Penal Code, and ensure that all perpetrators of murders committed in the name of so-called "honour" receive penalties commensurate with the gravity of their crimes. The Committee urges the State party to carry out prompt and thorough investigations into all these cases, to prosecute perpetrators and to ensure that those found guilty are given appropriate sentences.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from discrimination
- International treaties, reporting, data and non-compliance
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- CRC/C/IRN/CO/3-4