Impact Iran

Restrictions on the rights of religious minorities in the Islamic Republic of Iran remain deeply concerning. Adherents of recognized and unrecognized religions continue to report arrests and prosecution for worship and participation in religious community affairs, including in private. Measures that exclude religious minorities from legal protections for civil, political, social or economic rights, or that impose special restrictions on the practices or manifestations of religious beliefs continue to violate the obligations of the Islamic Republic of Iran under the Covenant and should be addressed.

He encourages the Government to amend laws that continue to undermine women’s full enjoyment of civil political, social, and economic rights, including rights in family law, the right to equal access to education and the right to work. Draft legislation currently under consideration that appears to infringe on these rights raises serious concern, and should be reconsidered.

Improve transparency on the impact of sanctions and report on measures it has taken to protect its inhabitants from the potential and actual negative impacts of such sanctions.

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.

Ensure that deaths in custody and allegations of violations of due process and of ill-treatment are promptly, independently, impartially and effectively investigated by an independent competent authority with a view to holding perpetrators accountable and in compliance with the right to a fair trial.

Respect and fulfil the duty to conduct prompt, independent, impartial and effective investigations into all reports of torture or other ill-treatment, and hold perpetrators accountable;

Ensure furlough and family visitation rights to all prisoners

Ensure that prisoners are provided with food of appropriate nutritional value, quantity and quality and that drinking water is made readily available to all prisoners;

Make substantial investments in all prisons to reduce overcrowding, provide adequate sleeping facilities to prisoners and ensure that the essential personal hygiene of prisoners is maintained;

Pending its abolishment, ensure that solitary confinement is used only in exceptional cases, as a last resort and for as short a time as possible, following authorization by a competent authority and subject to independent review;

Pass the parliamentary bill introduced in September 2019 aimed at ending the recording and broadcasting of confessions on State-funded media prior to trial and ensure punishments for those involved in recording and broadcasting such confessions

Ensure that medical care for detainees is never made conditional upon their making confessions and that officials who deny medical care to prisoners and detainees or who withhold medication as a form of coercion, as punishment or to elicit confessions are punished;

adopt regulations restricting the use of restraints in accordance with international laws and standards, including by ensuring that restraints are never used in a degrading, humiliating or painful manner or as a form of punishment and that they are used only when strictly necessary;

Ensure that medical decisions that relate to ongoing care and observation of the prisoners outside prison and the necessity of their release on medical grounds are only taken by the relevant, responsible health-care professionals;

End the unlawful practice of requiring prisoners to pay for medical treatment, which violates both international and Iranian law;

Ensure that all prisoners requiring specialist or any other treatment not available within prison are transferred free of cost to specialized institutions or outside hospitals to receive such treatment and that they remain in those institutions or hospitals for as long as the treatment is deemed necessary by specialist doctors;

Ensure that all detained individuals receive adequate health care, without discrimination on grounds of political or legal situation, ethnicity, religion, political opinion, gender, sexual orientation or other status

Ensure that medical care is urgently provided to those individuals in detention who need it, in light of the imminent threat to life or serious deterioration of their health, and that all individuals in custody receive adequate, prompt and regular health care, including specialist care as needed, on the basis of their informed consent

Immediately release all dual and foreign nationals arbitrarily detained

End the policy of prohibiting or severely limiting women's attendance at public sporting events, and bring both laws and policies protecting women's rights into compliance with international standards;

Ensure that lethal force is used only when strictly unavoidable to protect life, in accordance with principle 9 of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and that everyone is allowed to participate in lawful and peaceful assemblies, in accordance with article 21 of the International Covenant on Civil and Political Rights;

Ensure that human rights defenders, including women human rights defenders, lawyers and journalists, are not threatened with or subjected to intimidation, harassment, arbitrary arrest, deprivation of liberty or other arbitrary sanction, and release all those detained in connection with their work;

Protect the rights of all persons belonging to religious and ethnic minorities, address all forms of discrimination against them and release all those imprisoned for having exercised their right to freedom of religion or belief

Ensure that all persons accused of any crime have access to a lawyer of their choosing during all stages of the judicial process, including during the initial investigation and interrogation stage, and are provided with legal aid as needed;

Amend the Islamic Penal Code and the Code of Criminal Procedure to ensure that confessions alone are not sufficient for establishing guilt;

Ensure that prisoners and detainees are protected from all forms of torture and ill-treatment and that confessions obtained through torture or ill-treatment are never admitted as evidence against the accused

Pending its abolishment, remove the death penalty as punishment for all offences other than the most serious crimes, which involve intentional killing, and ensure that all individuals sentenced to death for offences other than intentional killing have their sentences commuted;

Take all measures necessary to mitigate the effects of economic sanctions, meet the obligations of the Islamic Republic of Iran under the International Covenant on Economic, Social and Cultural Rights, including on the protection of vulnerable groups, and establish transparent financial mechanisms to ensure that trade in medicines and other essential humanitarian items continues;

Ensure that all those arrested, including those arrested during the November 2019 protests, for the peaceful exercise of their rights to freedom of opinion, expression, assembly and association are released, and ensure also that the detaining authorities promptly report the whereabouts and situation of detainees to their families;

Undertake prompt, independent and impartial investigations into all acts of violence that have taken place in the context of the November 2019 protests, including deaths of protesters and reported deaths in custody, and into reports of ill-treatment, and to hold those responsible accountable

The Special Rapporteur calls on the Government to ensure the protection of the rights of LGBT and intersex individuals by repealing laws that punish people based on their sexual orientation and gender identity, and enacting effective anti-discrimination laws, and to ban forced and involuntary treatment and medical procedures.

The Special Rapporteur also calls upon the Government to respect the right to freedom of religion and belief, to address all forms of discrimination in all spheres of life, to uphold and implement legislation that protects minority groups and individuals, and to ensure the release of all individuals imprisoned on the basis of their religion, belief or identity

The Special Rapporteur further calls on the Government to ratify the Convention on the Elimination of All Forms of Discrimination against Women and to amend laws that violate the rights of women, including the rights to freedom of movement and work and the right to be free from discrimination, especially in the workplace and in the hiring process. She urges the Islamic Republic of Iran to protect children born within its jurisdiction by facilitating the ability of women to pass on their citizenship to their sons and daughters, and to amend laws and regulations, including on dress code that infringe upon the rights of women and undermines their dignity. In the light of the high rates of child marriage, which is never in the best interest of the child, the Special Rapporteur reiterates her call upon the Government to take steps to ensure that the minimum age for marriage complies with international standards.

The Special Rapporteur further notes that an independent bar association is vital to the promotion to the rule of law. All executive and judicial interference in management and working of bar associations should be removed and the bar association should be made an autonomous and self- regulatory body.

The Special Rapporteur also reiterates her call upon the Government to ensure that the judiciary is free from interference of any kind and to uphold the integrity of judges, prosecutors and lawyers, through transparent and merit-based appointments, and through protecting them and their families and professional associates against all forms of reprisals as a result of discharging their functions. The judiciary should also be held accountable for ensuring that proceedings are conducted fairly and that the rights of the parties are respected, through a mechanism that is consistent with the Basic Principles on the Independence of the Judiciary.

The Special Rapporteur is also deeply concerned by the ongoing, numerous, and consistent reports received of due process violations, including but not limited to the use of prolonged solitary confinement and significant limitations placed upon the ability of the accused to access a lawyer. In particular she calls upon the Government to strictly limit the use of solitary confinement and ensure full access to their choice of lawyer. She further reiterates her recommendation to abolish the revolutionary tribunals and religious courts in line with the recommendations made by the Working Group on Arbitrary Detention following its visit to the country.

The Special Rapporteur continues to receive reports of reprisals, in particular of individuals sharing information or publically reporting on the situation of human rights in the country. The Government should take strict measures to ensure protection against reprisals against of such individuals and their families. Individuals or State entities that engage in such acts should be identified and held accountable to prevent a recurrence of such violations.

The Special Rapporteur further reiterates her call upon the Government to release all political prisoners and prisoners of conscience including those whose situation has been reflected in current and previous reports and communications, and all individuals identified as arbitrarily detained by the Working Group on Arbitrary Detention.

The Special Rapporteur further urges the Government, in line with its international obligations, to guarantee the freedom of the press and media, and immediately release all detainees who have been imprisoned for exercising their right to freedom of opinion, expression and unobstructed peaceful assembly. The Special Rapporteur further urges the Government to amend or rescind laws, policies and parliamentary measures that contravene freedom of expression and that restrict access to information, including online information.

The Special Rapporteur notes with grave concern a pattern of denial of medical treatment to certain categories of detainees, especially prisoners of conscience, political prisoners, and human rights defenders, and urges the Government to investigate, address, and remedy such allegations, in light of the imminent threat to life in many circumstances.

The Special Rapporteur urges the Government to investigate and address allegations of physical and psychological torture and other ill treatment in detention, and to prevent their reoccurrence, including through ensuring accountability of the perpetrators. International organizations should be permitted regular, unhindered and without-notice access to all places of detention.

The Special Rapporteur recalls that the right to be free from torture or other cruel, inhuman or degrading treatment or punishment can never be limited or interfered with, and urges the Government to abolish all provisions that authorize such punishments such as flogging and amputation.

The Special Rapporteur reiterates her call upon the Government to undertake thorough and independent investigation into the 1988 massacres, and further ensure that locations believed to be the site of mass graves are persevered and protected to this end

The Government of the Islamic Republic of Iran should also ensure that all those sentenced to death can exercise their right to equal access to justice through adequate legal representation, which is an essential component of due process at any stage in criminal proceedings, including the appeal and review process. Adequate and qualified legal representation at the review stage through effective legal aid programmes should be ensured.

Pursuant with commitments made during the special session on the world drug problem, and in order to fully implement the new amendments to the 1998 drug trafficking law, the Government should establish a clear and transparent procedure for reviewing the cases of individuals who have been sentenced to death under the previous drug trafficking law. Such a process should be transparent, accessible, and follow due process and fair trial guarantees, including effective representation of defendants.

The Special Rapporteur remains troubled by the continuing large number of executions, including of juvenile offenders, and reiterates her call on the Government to introduce a moratorium on the use of the death penalty and to prohibit and refrain from the execution of juvenile offenders in all circumstances. The Special Rapporteur further urges the Government to undertake a special review of the cases of persons on death row for crimes committed when they were under the age of 18, with a view to commuting or quashing their death sentences altogether.

In connection with the recent protests, the Special Rapporteur urges the Government to promptly report to the families the name, location, and other relevant information of all individuals taken into custody, and to carry out prompt, independent and effective investigations into the authorities' response to the protests and the circumstances of the deaths in custody of those arrested, with a view to holding the perpetrators of any violations committed accountable.

The Special Rapporteur accordingly calls upon the Government to ensure prompt, thorough, and effective investigations by independent and impartial bodies of allegations of violations documented, and that those responsible are held accountable. The Government could further consider the use of modern technology to monitor detention centres to deter the torture and other ill-treatment of those detained, interrogated or imprisoned, whilst ensuring that such monitoring is conducted in line with international human rights standards.

The Special Rapporteur welcomes the continued engagement by the Government with her mandate through meetings and written exchanges. The Special Rapporteur further notes some developments including the adoption of amendments to drugtrafficking laws, and the follow-up on the Charter on Citizen's Rights. In particular, the Special Rapporteur noted the positive step taken to grant Baloch citizens with nationality cards and to afford access to education to children in the province. Such developments have taken place amidst ongoing severe reports of the denial of human rights in a number of fundamental areas. As such, small gains are lost in an overall atmosphere where the State denies even very basic rights to its population. The Special Rapporteur urges the Government to demonstrate the political will to end the impunity of agents of the State who perpetrate violations of the human rights of individuals in the country

The Special Rapporteur calls upon the Government to fully respect the rights of religious and ethnic minorities in the Islamic Republic of Iran and to ensure that all those who reside in the country have equal protection before the law, regardless of ethnicity, religion or belief.

The Special Rapporteur calls upon the Government to uphold the fundamental human rights of freedom of opinion and expression and to repeal all laws and policies which criminalize or restrict online expression, with online content to be restricted only by independent and impartial judicial decisions.

The Special Rapporteur reiterates the previous calls made by his predecessor and the Secretary-General that all those arrested for the peaceful exercise of the rights to freedom of assembly and of opinion and expression be released, including those arrested during the protests in December 2017 and January 2018. The Special Rapporteur further calls upon the Government to undertake an independent and transparent investigation into the reported deaths in custody and other incidents leading to alleged violations of rights that took place during and after the protests.

Pending abolition of the death penalty for child offenders, the Special Rapporteur recommends that the Iranian Legal Medicine Organization, and other expert bodies called upon to conduct article 91 assessments: Afford the child offender the benefit of the doubt and deliver a finding of uncertainty when absolute certainty cannot be scientifically established, including if the assessment is not conducted immediately after the alleged offence. Establish and publish a methodology to conduct the assessment.

Pending abolition of the death penalty for child offenders, the Special Rapporteur recommends that the Iranian Legal Medicine Organization, and other expert bodies called upon to conduct article 91 assessments: (a) Conduct assessments that provide a scientific, evidence-based assessment as to whether there is total certainty about the mental development of the child offender at the time of the offence in line with article 91 of the Penal Code. Ensure that such an assessment reflects the findings of assessments by experts from all relevant fields, including the relevant child development, psychology, psychiatry, and social service fields

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: Provide the Office of the United Nations High Commissioner for Human Rights and the Special Rapporteur with a list of all child offenders on death row

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: Ensure that detention pending trial is only used as a measure of last resort and for the shortest possible period of time for children accused of any crime, including qisas and hudud crimes

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: Ensure that the court takes into account the circumstances in which the child is living and the conditions in which any offence has allegedly been committed, including through the preparation, introduction and full consideration of pre-sentence reports. Ensure that the court is informed about all relevant facts about the child, such as social and family background, wealth, education and circumstances of marriage. Ensure that adequate social services capacity has been established to be able to provide such reports and is mandated to provide such advice

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: Establish specialist and separate child courts to consider cases involving children, for all crimes including qisas and hudud crimes, in the first instance and on appeal, in all provinces. Ensure that the judges who preside over such courts, and the prosecutors who are able to bring cases before such courts, have a minimum level of professional qualifications and expert training in child sociology, child psychology and behavioural sciences;

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: Require that all those who deal with children in the criminal justice system, especially judges, prosecutors, medical examiners, police interrogators and other law enforcement professionals, undergo specialist, ongoing and systematic training on the rights of the child. Such training should inform participants about how to take into account the child's physical, psychological, mental and social development in a manner consistent with the obligations of the Islamic Republic of Iran under international human rights law;

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: When assessing the quality and veracity of testimony or confession offered by the child, ensure that the judge considers all circumstances of interrogation, especially the age of the child as well as the length of detention and interrogation and the presence of legal or other representatives and parents during questioning;