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
REF0607
- Mechanism
- Human Rights Committee
- Date
- Nov 1, 2011
- Full Recommendation
The State party should adopt legislation criminalizing domestic violence and take steps to effectively combat domestic violence. It should ensure that victims have immediate access to means of redress and protection, including through the establishment of a sufficient number of safe houses for victims. The State party should ensure that acts of domestic violence are effectively investigated and that perpetrators are prosecuted and sanctioned. The State party should also ensure that a husband is not exempted from punishment for voluntary manslaughter, in the event that he murders his wife on suspicion of adultery.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from discrimination
- Gender based violence
- Right to fair trial
- Demographics
- Women and Girls
- Source Reference Info
- CCPR/C/IRN/CO/3
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
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
REF0355
- Mechanism
- Working Group - Arbitrary Detention
- Date
- Feb 1, 2003
- Full Recommendation
On the situation of prisoners of conscience: These prisoners are punished twice over. Many of them have, on the one hand, simply peacefully exercised their fundamental right to freedom of opinion and expression and, on the other, have been unable to benefit in most cases from the guarantees which are essential to the right to fair trial, as we have emphasized with regard in particular to the abolition of the prosecution service. Solutions must be sought to bring about their release in the near term.
- Recommendation Status
- Not Implemented
- Themes
- Arbitrary Detention
- Freedom of expression
- Liberty and Security of the person
- Right to fair trial
- Demographics
- Prisoners
- Source Reference Info
- E/CN.4/2004/3/Add.2
REF0359
- Mechanism
- Working Group - Arbitrary Detention
- Date
- Feb 1, 2003
- Full Recommendation
On the right to due proccess: The immunity of counsel in pleading cases must be reaffirmed and expressly guaranteed in a legislative instrument formulated in cooperation with representatives of the Bar;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- HRDs, Journalists & Lawyers
- Source Reference Info
- E/CN.4/2004/3/Add.2
REF0872
- Mechanism
- CRC
- Date
- Mar 1, 2016
- Full Recommendation
To that effect (92) the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards), the Committee recommends that the State party make use of the technical assistance tools developed by the Inter-agency Panel on Juvenile Justice, and seek technical assistance in the area of juvenile justice from members of the Panel and relevant international bodies.
- Recommendation Status
- Not Implemented
- Themes
- International treaties, reporting, data and non-compliance
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- CRC/C/IRN/CO/3-4
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
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
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
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
REF0586
- Mechanism
- Human Rights Committee
- Date
- Aug 2, 1993
- Full Recommendation
The Committee recommends that domestic laws should be revised with a view to curtailing the number of offences currently punishable by the death penalty and to reducing the number of executions. Public executions should be avoided and the accused should, in all cases, be provided with all necessary guarantees, including the right to a fair trial as provided for under article 14 of the Covenant.
- Recommendation Status
- Not Implemented
- Themes
- Protection of the child from all forms of violence
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- CCPR/C/79/Add.25
REF0460
- Mechanism
- Special Rapporteur - Violence Against Women
- Date
- Jan 1, 2006
- Full Recommendation
Review all cases of women currently being detained for crimes related to sexual and moral conduct who did not have a fair trial or enjoy guarantees of due process with a view to retrying the case or releasing the accused woman.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from discrimination
- Right to fair trial
- Demographics
- Prisoners
- Women and Girls
- Source Reference Info
- E/CN.4/2006/61/Add.3
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
REF0847
- Mechanism
- CRC
- Date
- Mar 1, 2016
- Full Recommendation
In the light of its general comment No. 12 (2009) on the right of the child to be heard, the Committee recommends that the State party adopt and implement legislation recognizing the right of the child to be heard in all relevant legal proceedings by establishing systems and/or procedures for social workers and courts to comply with the principle. It also recommends that the State party conduct programmes and awareness-raising activities to promote the meaningful and effective participation of all children within the family, the community and schools, including within student council bodies, with particular attention to girls and to children in vulnerable situations.
- Recommendation Status
- Not Implemented
- Themes
- Child's right to be heard
- Right to fair trial
- Right to recognition as a legal person
- Demographics
- Children
- Women and Girls
- Source Reference Info
- CRC/C/IRN/CO/3-4
REF0914
- Mechanism
- CRC
- Date
- Mar 1, 2016
- Full Recommendation
Ensure the provision of qualified and independent legal aid to children in conflict with the law, if possible by the choice of the child defendant, at an early stage of the procedure and throughout the legal proceedings.
- Recommendation Status
- Not Implemented
- Themes
- Protection of the child from all forms of violence
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- CRC/C/IRN/CO/3-4
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