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
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
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
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
REF1476
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- 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: 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;
- Recommendation Status
- Not Implemented
- Themes
- Child's right to be heard
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
REF1477
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- 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: 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;
- Recommendation Status
- Partially Implemented
- Themes
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
REF1466
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
The Special Rapporteur recommends that Parliament: Amend the Penal Code to increase the age of criminal responsibility for qisas and hudud crimes to 18 years for all children, and ensure that all children are treated equally and without discrimination within the criminal justice system.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from discrimination
- Protection of the child from all forms of violence
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
REF1468
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
The Special Rapporteur recommends that the judiciary: Pending legislative review, urgently issue a circular which requires all judges not to sentence children to death on the basis of qisas or hudud crimes, and which requires presiding judges to order retrials for all child offenders on death row without recourse to the death penalty.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
REF1470
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- 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: (a) Require courts to comprehensively assess mental development in all cases in line with article 91 of the Penal Code, and to always seek expert advice from the relevant child development, psychology, psychiatry, and social service fields as well as from the Iranian Legal Medicine Organization, with a view to ensuring that the child is exempted from the death penalty;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
REF1486
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
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.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
REF1560
- Mechanism
- Special Rapporteur - Iran
- Date
- Sep 1, 2018
- Full Recommendation
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.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from discrimination
- Freedom of religion and belief
- Right to fair trial
- Demographics
- Religious, Ethnic and Linguistic Minorities
- Source Reference Info
- A/73/398
REF1561
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2018
- Full Recommendation
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
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/37/68
REF1566
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2018
- Full Recommendation
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.
- 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/37/68
REF1567
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2018
- Full Recommendation
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.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/37/68
REF1644
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2020
- Full Recommendation
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
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- Prisoners
- Source Reference Info
- A/HRC/43/61
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
REF0084
- Mechanism
- Special Rapporteur - Iran
- Date
- Aug 1, 2017
- Full Recommendation
The Special Rapporteur reiterates her call on the Government to uphold the integrity of judges, prosecutors and lawyers, notably by ensuring that appointments of judges are transparent and based on merit and by protecting them, their families and their professional associates against all forms of violence, threats, retaliation, intimidation and harassment as a result of discharging their functions.
- Recommendation Status
- Not Implemented
- Themes
- Liberty and Security of the person
- Right to fair trial
- Demographics
- HRDs, Journalists & Lawyers
- 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
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
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
REF0230
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2017
- Full Recommendation
The Special Rapporteur urges the Islamic Republic of Iran to refrain from any interference with the judicial process and to uphold the integrity of judges, prosecutors and lawyers, notably by ensuring that appointment of judges are transparent and based on merit and by protecting them, their families and professional associates against all forms of violence, threat, retaliation, intimidation and harassment as a result of discharging their functions. A self-regulating independent bar association or council should be urgently established to oversee the process of admitting candidates to the legal profession, provide for a uniform code of ethics and conduct, and enforce disciplinary measures, including disbarment.
- Recommendation Status
- Not Implemented
- Themes
- Liberty and Security of the person
- Right to fair trial
- Demographics
- HRDs, Journalists & Lawyers
- Source Reference Info
- A/HRC/34/65
REF1652
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2020
- Full Recommendation
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.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from torture/CID treatment
- Right to fair trial
- Right to life
- Demographics
- Prisoners
- Source Reference Info
- A/HRC/43/61
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
REF0182
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2014
- Full Recommendation
To prevent the intimidation of lawyers, including threats of detention and prosecution for discharging their ethical and professional responsibilities, including when submitting client grievances and addressing international and national media on their client's behalf, which should be possible without fear of prosecution under national security and defamation laws.
- Recommendation Status
- Not Implemented
- Themes
- Arbitrary Detention
- Freedom of expression
- Liberty and Security of the person
- Right to fair trial
- Demographics
- HRDs, Journalists & Lawyers
- Source Reference Info
- A/HRC/25/61
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
REF1463
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
The Special Rapporteur recommends that Parliament: Urgently amend legislation to prohibit the execution of persons who committed a hudud or qisas crime while below the age of 18 years and as such are children. Urgently amend the legislation to commute all existing sentences for child offenders on death row;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
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
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
REF1449
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
The Special Rapporteur recommends that the Government and Parliament: 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 bringing those suspected of criminal responsibility to justice in compliance with their right to a fair trial;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Prisoners
- Source Reference Info
- A/HRC/40/67
REF1450
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
The Special Rapporteur recommends that the Government and Parliament: Ensure that all persons accused of any crime are assured 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;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/40/67