Impact Iran

He also encourages the Government to consider committing to a voluntary midterm review that may contribute to its ability to advance the pledges that it may undertake at the outcome of its second UPR in March 2015.

On the practice of "solitary confinement". As this practice generates arbitrary situations, plans should be drawn up for the closure of these prisons, retaining only a few punishment cells in each institution for short disciplinary periods of solitary confinement. In addition, the report of the Article 90 Parliamentary Commission on prisons should be made public or at least debated in Parliament. The Commission would then be responsible for publishing a list of prisons each year.

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.

On imprisonment for debt, the Working Group has noted that destitute individuals, in particular women without resources, are kept in prison for a period which can extend, according to information gathered in situ, for up to five years for non-payment of a fine or diyah. The Working Group recommends that the Government should accelerate the ongoing reform of alternatives to imprisonment to avoid destitute individuals being subjected to lengthy imprisonment in connection with their insolvency.

The Committee recommends that the State party take urgent legislative steps to specifically criminalize domestic violence, including marital rape. It also recommends that the State party take steps to ensure that victims of domestic violence have access to effective means of redress and immediate protection, including through a sufficient number of safe houses.

Ensure that all institutions and individuals engaged in law enforcement activities are accountable to the Government and that they respect all human rights and fundamental freedoms as laid out in international human rights instruments;

The Committee urges the State party to urgently repeal its laws and policies that are discriminatory against girls and religious and ethnic minorities and ensure that all children, irrespective of their gender, ethnicity or religious beliefs, enjoy equal rights and freedoms as guaranteed under the Convention. In particular, the Committee urges the State party to ensure that the State party's legislation does not leave the interpretation and implementation of its legislation to the wide discretion of the judiciary without providing them with the necessary training and interpretative guidelines.

The Committee recommends that the State party take the necessary measures to ensure full respect for the right of children to freedom of expression, association and peaceful assembly, and that those rights not be subjected to undue and vague limitations but that restrictions to those rights comply with international standards. The Committee urges the State party to review its legislation in order to ensure that children under the age of 18 years are exempt from criminal responsibility for such content-based offences.

The Committee recommends that the State party take steps to ensure the full and unrestricted enjoyment by ethnic minorities, including Kurds, Arabs, Azeris and Baluch, to their right to take part in cultural life, including through the protection of publications and newspapers in minority languages from imposed closure. The Committee also recommends that the State party take measures to protect cultural diversity, promote awareness of the cultural heritage of national and ethnic minorities, and ensure favourable conditions for members of those minorities to preserve, develop, express and disseminate their identity, history, culture, language, traditions and customs in line with the Committee's general comment No. 21 (2009) on the right of everyone to take part in cultural life.

The Committee recommends that the State party adopt a comprehensive anti- discrimination bill in compliance with article 2, paragraph 2, of the Covenant and taking into account the Committee's general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.

The State party should repeal or amend all legislation which provides for or could result in discrimination against, and prosecution and punishment of, people because of their sexual orientation or gender identity. It should ensure that anyone held solely on account of freely and mutually agreed sexual activities or sexual orientation should be released immediately and unconditionally. The State party should also take all necessary legislative, administrative and other measures to eliminate and prohibit discrimination on the basis of sexual orientation, including with respect to access to employment, housing, education and health care, and to ensure that individuals of different sexual orientation or gender identity are protected from violence and social exclusion within the community. The Committee reaffirms that all of these matters fall entirely within the purview of the rights contained in the Covenant, and therefore within the Committee's mandate. It urges the State party to include detailed information on the enjoyment of Covenant rights by members of the lesbian, gay, bisexual and transgender community in its next periodic report.

In the light of its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee recommends that the State party revise its Civil Law accordingly and strengthen its efforts to ensure that this right is appropriately integrated and consistently interpreted and is applied in all legislative, administrative and judicial proceedings and decisions as well as in all policies, programmes and projects that are relevant to, and have an impact on, children. In this regard, the State party is encouraged to develop procedures and criteria to provide guidance to all relevant persons in authority for determining the best interests of the child in every area and for giving this due weight as a primary consideration.

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.

Utilize a child-rights approach in the elaboration of the State budget, by implementing a tracking system for the allocation and the use of resources for children throughout the budget, and use this tracking system for impact assessments on how investments in any sector may serve the best interests of the child, ensuring that the different impact of such investment on girls and boys is measured;

The Committee urges the State party to clear its entire territory from landmines and all remnants of the war as soon as possible, with the support of international organizations.

Ensure that immigration proceedings involving children are decided on the basis of the best interests of the child, and prevent separation of families during the deportation process.

Ensure that those responsible for the approval of forced and child marriage, including judges, parents, guardians, and religious or traditional leaders, are held accountable;

In the light of its general comment No. 18 (2014) on harmful practices, adopted jointly with the Committee on the Elimination of Discrimination against Women, take measures to enforce article 663 of the Islamic Penal Code and to stop, effectively, the practice of female genital mutilation throughout the country;

Review its legislation with a view to banning polygamy, which is contrary to women's and girls' dignity and infringes their human rights and freedoms, including equality and protection within the family.

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.

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.

Echoes the call of the Human Rights Committee to ensure the independence of the judiciary and to investigate all allegations of torture and mistreatment of detainees.

The Special Rapporteur reiterates the call upon the Government to incorporate the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights into national law, to establish an independent national human rights institution, as it pledged when the country was first considered by the Working Group on the Universal Periodic Review, and to end all forms of discrimination in law and practice that undermine the full enjoyment of rights guaranteed by those two covenants, regardless of gender, ethnicity, religion, belief or opinion.

To prohibit capital punishment for juveniles and for crimes that do not meet the most serious crimes standards under international law, including for drug offences and perceived sexual offences.

The Government should also expedite the removal of landmines and explosives that continue to pose a threat to the lives and security of populations located in their vicinity, enhance provisions for public education -- particularly for at risk children -- and ensure immediate and non-discriminatory access to adequate medical treatment and pension programs for victims and their families.

He calls on the authorities to release all individuals identified by the WGAD as being arbitrarily detained, as well as other political prisoners and prisoners of conscience.

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.

The Special Rapporteur recalls that the right to be free from torture or cruel, inhuman or degrading treatment or punishment can never be limited or interfered with whatever circumstances and urges the Government to abolish any provision which authorize punishments such as flogging, blinding, amputation and stoning of individuals.

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.

The Special Rapporteur recommends that the Government and Parliament: (a) Pending abolishment, remove from the scope of the death penalty any offence other than the "most serious crimes‚" which are confined to intentional killing, and ensure that all those sentenced to death for other offences have their sentences commuted. Amend legislation to ensure that any person sentenced to death, including on the basis of qisas, can seek pardon or commutation from the State;

The Special Rapporteur recommends that the Government and Parliament: Ensure that prisoners are protected from all forms of torture and other ill-treatment. Ensure that confessions obtained through such treatment are never admitted as evidence against the accused;

The Special Rapporteur recommends that the Government and Parliament: Amend the Penal Code and the Code of Criminal Procedure to ensure that confessions alone are not sufficient for admission of guilt;

The Special Rapporteur recommends that the Government and Parliament: Ensure that medical care is urgently provided to those individuals in detention who need it, including those identified in the present report, in light of the imminent threat to life or serious deterioration of their health. Ensure that all individuals in custody receive adequate, prompt and regular health care, including specialist care as needed, on the basis of their informed consent;

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;

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 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.

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: 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: 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

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.

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

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 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;

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;

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;

In this context, we would further like to appeal to your Excellency's Government to take all necessary steps to ensure the right of peaceful assembly as recognized in article 21 of the International Covenant on Civil and Political Rights, which provides that "The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interest of national security of public safety, public order (ordre public), the protection of public health or morals of the protection of the rights and freedoms of others".

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;

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;

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.

Immediately release all dual and foreign nationals arbitrarily detained

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

I wish to thank your Excellency for your letter dated 15 July 2009 in response to my letter of 23 August 2007, in respect to another case in which the accused juvenile offender had been sentenced to qesas. Your letter indicates that through efforts of the Judiciary, the case had entered the reconciliation case and that as a result of the victim's guardians giving their consent the execution had been stopped and the accused released. While I welcome this outcome, I remain concerned that such efforts to decrease the carrying out of death sentences against offenders who were juveniles is an utterly inadequate approach to complying with your Excellency's Government's obligations under international law. These can only be fulfilled by immediately stopping all executions for crimes committed by persons who were not aged 18 at the time of the offence. Laws permitting the death sentence to be imposed on juvenile offenders are inherently inconsistent with the international legal obligations assumed by the Islamic Republic of Iran and should be promptly repealed.

We would also like to appeal to your Excellency's Government to ensure the right to freedom of religion or belief in accordance with the principles set forth in the Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief and article 18 of the Universal Declaration on Human Rights as well as of the International Covenant on Civil and Political Rights.

In view of the urgency of this matter and of the irreversibility of the punishment of the death penalty, it is imperative that your Excellency's Government should take all steps necessary to prevent the execution of Mr Behnood Shoojaee and Mr Safar Angooti. I therefore again urge your Excellency's Government to suspend the executions reportedly already scheduled and expeditiously lift or commute the death sentences imposed against Mr Safar Angooti and Mr. Behnood Shoojaee, as well as all other persons awaiting execution for offences committed before they reached age 18.

Furthermore, she would like to recall that the General Assembly resolution 63/181 urges States to step up their efforts to eliminate intolerance and discrimination based on religion or belief, notably by taking all necessary and appropriate action, in conformity with international standards of human rights, to combat hatred, discrimination, intolerance and acts of violence, intimidation and coercion motivated by intolerance based on religion or belief, as well as incitement to hostility or violence, with particular regard to members of religious minorities in all parts of the world. In this regard, the Special Rapporteur is very concerned by the continued violations of freedom of religion or belief suffered by members of the Baha'i community. She urges the Government of the Islamic Republic of Iran to ensure that the Baha'i members who are currently detained receive a fair trial and she would like to recommend the presence of independent observers during the trials.

The Special Rapporteur is grateful that the Government of the Islamic Republic of Iran replied to the joint communication of 17 October 2008. She would like to reiterate the observations and concerns in her previous report (see A/HRC/10/8/Add.1, paras. 94 and paras. 111-112). The Special Rapporteur again urges the Government to ensure that the Baha'i members, who have been detained for more than 20 months so far, receive a fair trial and in this regard she would like to recommend the presence of independent observers during the trials. Reportedly, the trial of Ms. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mr. Vahid Tizfahm and Ms. Mahvash Sabet began on 12 January 2010 in Tehran, however, no observers were allowed inside the court at that session

The Special Rapporteur regrets that she has so far not received a reply from the Government of the Islamic Republic of Iran concerning the above mentioned allegations. She would like to recall that the Human Rights Council in resolution 6/37 urges States to take all necessary and appropriate action, in conformity with international standards of human rights, to combat hatred, intolerance and acts of violence, intimidation and coercion motivated by intolerance based on religion or belief, as well as incitement to hostility and violence, with particular regard to religious minorities.

The Special Rapporteur is grateful to the Government of the Islamic Republic of Iran for its responses concerning Mr. Arzhang Davoodi and Mrs. Yeganeh Salehi. He is following closely further developments on the cases mentioned in the communication. Therefore, the Special Rapporteur would appreciate receiving information on the proceedings against Mr. Arzhang Davoodi and Mr. Jason Rezaian, as well as additional details on the case of Mrs. Yeganeh Salehi, who according to the information provided by the Government was released on bail on 1 October 2014. The Special Rapporteur regrets that the Government did not provide information on the allegations regarding the detention of the other two journalists on the evening of 22 July 2014. He urges authorities in the Islamic Republic of Iran that all proceedings fully comply with international law standards.

The Committee urges that the State party take steps to ensure that people with beliefs other than the religions recognized by the State party can fully enjoy all aspects of economic, social and cultural rights, without any discrimination.

The Special Rapporteur further expresses concern about reports she has received of illegitimate restrictions imposed on the right of human rights defenders to freedom of opinion and expression. The Special Rapporteur urges the Government to take the necessary measures to guarantee the existence of an environment in which all human rights defenders can carry out their legitimate work without risk to their physical and psychological integrity or any other form of restriction, harassment, intimidation or fear of persecution, in accordance with the fundamental principles endorsed in the Declaration on Human Rights Defenders.

The Committee recommends that the State party take steps to ensure that members of the Baha'i community are protected against discrimination and exclusion in every field, including denial of employment and benefits of the pension system. The Committee also recommends that the State party take steps to guarantee, in law and practice, the unhindered access of Baha'i students to universities and vocational training institutions, and to prevent refusals of access and expulsions of students from such institutions based on their belonging to the Baha'i community.

The Committee recommends that the State party take steps to lift all restrictions on access to university education, including bans on female and male enrolment, limited quotas for women in certain fields, and gender segregation in classrooms and facilities.

The Committee recommends that the State party increase its efforts to combat unemployment through specifically targeted measures, in particular, aimed at women and youth, including by addressing mismatches between education and labour markets through increases in the quality of technical and vocational training and education. The Committee also urges the State party to adopt temporary special measures to address the very high unemployment rates in areas with ethnic minorities, and to include information in its next State party report on the progress achieved.

The Committee calls on the State party to raise the minimum age of marriage to 18 years for both boys and girls, and to ensure that marriage can be entered into only with the free consent of the intending spouses.

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.

Ratify the Convention on the Elimination of All Forms of Discrimination against Women without reservations as soon as possible, and bring national laws into conformity with the Convention

Institute proper investigation procedures for rape cases and ensure that rape victims are not subject to prosecution under adultery provisions where they are unable to prove rape;

Effective measures should be adopted to ensure the strictest observance of articles 7 and 10 of the Covenant. All complaints of extrajudicial executions, disappearances, torture and ill-treatment should be duly investigated, the culprits should be punished and measures should be taken to prevent any recurrence of such acts. Severe forms of punishment incompatible with the Covenant should be removed from law and practice and the conditions of detention of persons deprived of their liberty should be improved. The Committee also recommends that training courses should be organized for members of the police, the armed forces and the security forces as well as for other law enforcement officials, so as to better acquaint them with basic human rights principles and norms.

The State party should ensure that the right to freedom of assembly and association is guaranteed to all individuals without discrimination, and release immediately and unconditionally anyone held solely for the peaceful exercise of this right, including students, teachers, human rights defenders (including women's rights activists), lawyers and trade unionists. The State party should also ensure the prompt, effective and impartial investigation of threats, harassment, and assault on members of these groups, and, when appropriate, prosecute the perpetrators of such acts. The State party should also withdraw its draft Bill on the Establishment and Supervision of Non-Governmental Organisations, which would establish a Supreme Committee Supervising Non-Governmental Organisations' Activities, chaired by the Interior Ministry, including representatives from the Intelligence Ministry, the police, the Basij and the Revolutionary Guards Corps.

The State party should fully guarantee the right to freedom of expression and opinion of independent media, and ensure that journalists can exercise their profession without fear of being brought before courts. The State party should release, rehabilitate and provide effective judicial redress and compensation for journalists imprisoned in contravention of articles 9 and 19 of the Covenant. The State party should also ensure that the monitoring of Internet use does not violate the rights to freedom of expression and privacy as defined in the Covenant. The Committee reminds the State party of its general comment No. 34 (2011) on article 19.

The Committee encourages the State party to consider signing and ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

Conduct research on violence against women and to collect data concerning its prevalence;

The State party should ensure that all members of ethnic, religious and linguistic minorities enjoy effective protection against discrimination and are able to enjoy their own culture and use their own language in media and schools, participate in public affairs and are provided with effective remedies against discrimination.

The Committee urges the State party to revise the Act on the Protection of Children and Adolescents with No Guardian or Abusive Guardians of 2012 in a way that prohibits any marriage or other sexual arrangements with an adopted child. It also recommends that the State party take all necessary measures to ensure the right of all children, especially children belonging to ethnic minorities, to grow up in a family environment. The Committee recommends that the State party take into account the Guidelines for the Alternative Care of Children, which are annexed to General Assembly resolution 64/142.

The Committee recommends that the State party take measures to provide adequate living conditions in prisons for all mothers with children and that it ensure that prison has the most limited effect possible on children's mental and physical development.

The Committee draws the State party's attention to its general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, and recommends that the State party take all necessary measures to prevent early pregnancies by prohibiting child marriages and providing access to contraceptives and to safe abortion, and to post-abortion care services, throughout the country. It also recommends that the State party decriminalize abortions in all circumstances and ensure that the views of the pregnant girl are always heard and respected in abortion decisions. Furthermore, the Committee recommends that the State party take measures to increase the allocation of public funds to improve the health situation of inhabitants of remote areas, focusing in particular on the health infrastructure. In doing so, the State party should seek financial and technical assistance from UNICEF and the World Health Organization, among others.

In the light of its general comment No. 4 (2003) on adolescent health and development, the Committee recommends that the State party adopt a comprehensive sexual and reproductive health policy for adolescents throughout the country and ensure that sexual and reproductive health education is part of the mandatory school curriculum and is targeted at adolescent girls and boys, with special attention to preventing early pregnancy and sexually transmitted infections. It also urges the State party to take measures to provide LGBTI children with access to information on gender identity and sexual orientation.

Prohibit the employment of children below the age of 18 years in hazardous conditions that jeopardize physical, mental or moral health and the safety of children.

End the practice of identifying Baha'i children in schools and intimidating and expelling children on account of their religion.

Prohibit, prevent and punish the harassment, bullying, and expulsion from schools of LGBTI children.

Systematically collect disaggregated data on its refugee and asylum-seeking children in order to be able to develop programmes and policies that respond to their needs;

Ensure prompt registration of all its asylum-seeking and refugee children in order to provide them with access to all basic services, including health care and education for free.

Alternative measures to pretrial detention should be strengthened and applied as much as possible in order to ensure that this deprivation of liberty is really a measure of last resort and is for the shortest time possible;

Ensure procedural guarantees to preserve the privacy of children in conflict with the law throughout the investigation and trial proceedings.

In cases where detention is unavoidable, ensure that the children are not detained together with adults and that detention conditions are compliant with international standards, including with regard to access to education and health services.

The Special Rapporteur also continues to underline the importance of perpetuating a culture of tolerance, and urges the Government to prevent discrimination against women and girls, as well as religious and ethnic minorities, in all spheres of public life and services, and to protect their freedoms to freely associate and express themselves. He further calls on the Government to ensure that the minimum age for marriage complies with international standards and that measures to prevent the forced, early and temporary marriage of girls are established

The Special Rapporteur again emphasizes his concern about alleged violations of rights of due process, and requests that the Government investigate allegations of physical and psychological torture and the denial of due process rights. In this regard, the Special Rapporteur also re-emphasizes the need for an extensive, impartial and independent investigation into the violence in the weeks and months that followed the presidential election of 2009. He reiterates his call for the immediate release of all political prisoners and prisoners of conscience, including those alluded to in the current and previous reports; requests that the treatment of prisoners meet minimum international and national standards; and that prisoners are granted adequate access to medical care, in accordance with international standards and Iranian law

Existing laws and draft legislation appear to unreasonably exclude individuals from standing for public office on the basis of gender, religion, political affiliation, opinion and social or personal background. Encourages the authorities to reconsider statutes that place unreasonable conditions on the exercise by all Iranian citizens of rights protected by article 25 of the Covenant (International Covenant on Civil and Political Rights).

Desist from actions designed to injure or intimidate those who work to identify human rights violations, promote redress, and those that may cooperate with international human rights mechanisms.

Expedite its voluntary commitment to establish a National Human Rights Commission, in accordance with Paris Principles.

Examine and address those laws that contravene its international obligation to eliminate all forms of discrimination in law and practice. These include those laws and policies that undermine gender equality and women's rights, and that discriminate against religious and ethnic minorities, and members of the lesbian, gay, bisexual, and transgender community in the country.

Consider the immediate release of prisoners of conscience such as Pastors Behnam Irani, Farshid Fathi, as well as the leaders of the Baha'i community, and fully honor its commitments under Article 18 of ICCPR that guarantee the right to freedom thought, conscience and religion, which was accepted by Iran without reservation.

The Special Rapporteur urges the authorities to recognize that dialogue and the inclusive participation of all the citizens in a diverse society can form the basis for enduring initiatives that address poverty and development, and can also serve to strengthen protections for the rights of all ethnic minorities in the country. She further encourages authorities to ensure that the rights of the members of the most vulnerable communities of the Islamic Republic of Iran are protected and respected.

The Special Rapporteur expresses his grave concern at the continuing execution of juvenile offenders in the Islamic Republic of Iran and calls upon the Government to immediately prohibit all executions of persons charged with offences that they committed when under the age of 18 years. He further recommends that the Government abolish the death penalty in all cases and, pending that measure, introduce a moratorium.

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 any article 91 assessment is conducted on the prima facie basis that there is uncertainty about the mental development of the child, and as such a death sentence cannot be imposed. Ensure that the burden of proof is always on the prosecution to establish complete certainty about the full mental development of the child, in line with article 91. Furthermore, ensure that the child is afforded the benefit of the doubt if the assessment is not undertaken immediately after the crime;

Urges the government to facilitate ongoing requests for information, and enjoins Iran to consider a voluntary midterm review, which may contribute to its ability to uphold its international human rights obligations.

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 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

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

The Special Rapporteur urges the authorities to recognise that freedom of religion or belief entails the freedom to choose a religion or belief, and that measures restricting eligibility for civil, political, social or economic privileges, or imposing special restrictions on the practice of other faiths, violate the prohibition of discrimination based on religion or belief and the guarantee of equal protection under article 26 of the International Covenant on Civil and Political Rights.

I therefore urge your Excellency's Government to take all necessary measures to guarantee that Habibollah Latifi, Ehsan (Esma'il) Fattahian and Sherko Moarefi are not deprived of their lives in violation of the obligations your Excellency's Government has entered into under international law. Considering the irreversible nature of capital punishment, this can only mean suspension of the death sentence against them until the question whether the acts they were found guilty of satisfy the international criteria as to what constitutes "most serious crimes" has been clarified.

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.

In view of the urgency of the matter, we would appreciate a response on the initial steps taken by your Excellency's Government to safeguard the rights of the seven men mentioned herein in compliance with your Excellency's Government's international legal obligations

I would therefore respectfully request your Government to take all necessary steps to ensure that Mohammad Reza Haddadi is not executed tomorrow. Moreover, in order to ensure compliance with the absolute ban of the death sentence against juvenile offenders in international human rights law, the death sentence will have to be commuted.

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.

In view of the urgency of the matter, we would appreciate a response on the initial steps taken by your Government to safeguard the rights of the above-mentioned persons in compliance with the above international instruments.

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.

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.

The Special Rapporteur urged the Government of the Islamic Republic of Iran to take all necessary measures to guarantee that the rights and freedoms of Mr. Mahmoud Mohammad Matin-Azad, Mr. Arash Ahmad-Ali Basirat and Mr. Ramtin Soodmand are respected. She also requested that the Government ensures the compatibility of any new legislation adopted by the Iranian Parliament with international human rights law.

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.

The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has not responded to seven communications sent during the reporting period. In the absence of a response and clarification on the cases addressed there in and given the irreversible nature of capital punishment, the Special Rapporteur urges the Government to take all necessary measures to prevent the execution of the subjects of these communications.

Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and protect women victims of trafficking, ensure accountability of the traffickers and provide compensation to the victims;

The State party should take steps to combat and prevent the trafficking and sale of persons under 18 years of age. The State party is also requested to provide the Committee in its next periodic report with statistics, on an annual basis, on the number of arrests and convictions under the 2004 law to combat trafficking.

The Committee recommends that the State party take immediate steps, inter alia by increasing budgetary allocations, to improve housing and living conditions in regions traditionally inhabited by ethnic minorities, including access to safe drinking water, adequate sanitation, electricity, transportation facilities, schools and health-care centres.

Provide effective protection to women who have experienced violence by ensuring that they are able to approach the police, to secure alternative housing and to access medical care;

Establish and support more shelters for women who have been subjected to violence and to ensure that women are able to access information about these shelters through the police, judicial personnel and medical staff as well as women's non-governmental organizations;

The Committee requests the State party to submit in a timely manner its third periodic report, prepared in accordance with the revised reporting guidelines of the Committee, adopted in 2008 (E/C.12/2008/2), by 31 May 2018.

The Committee recommends that the State party take all measures necessary to address its previous recommendations of 28 January 2005 (CRC/C/15/Add.254), which have not been sufficiently implemented, in particular those relating to non- discrimination, the right to life, protection from torture and inhuman or degrading treatment or punishment, and juvenile justice, among others contained therein.

The Committee, in line with its previous recommendation (CRC/C/15/Add.254, para. 7) and in the light of the Vienna Declaration and Programme of Action of 1993, urges the State party to review the general nature of its reservation and encourages the State party to withdraw it in a clear timeframe. The Committee recommends that the State party bring its domestic laws and regulations into compliance with the Convention and ensure that the provisions of the Convention prevail whenever there is a conflict with the domestic law.

The Committee recommends that the State party intensify its efforts to ensure that all children receive birth certificates and that the lack of such a document is not an impediment for school enrolment of a child. It recommends that the State party take measures to ensure that refugee children have access to education, regardless of whether their parents have registered with the authorities, and that primary education, including enrolment thereto, is offered free of charge. The Committee also recommends that the State party intensify its measures to guarantee an inclusive education for children with disabilities, including through the Organization for Special Children and the Seven-Point Guideline for Universal and Consolidated Education for Children and Students with Special Needs, and to ensure that all children of nomadic communities have access to primary education, including through the establishment of mobile schools.

The Committee recommends that its recently adopted General comment No.22 (48) be studied by the authorities to bring its legislation and practice into line with the requirements of article 18 of the Covenant. In that regard, the Committee wishes to emphasize that recognition of a religion as a State religion should not result in any impairment of the enjoyment of any of the rights under the Covenant, including articles 18 and 27, nor in any discrimination against adherents of other religions or non-believers, since the right to freedom of religion and belief and the prohibition of discrimination do not depend on the recognition as an official religion or belief.

Take legislative measures to abolish the death sentence for persons who committed a hudud or qisas crime while under the age of 18 years, that is currently established in the Islamic Penal Code without leaving any discretion to the courts;

Introduce and enforce national laws prohibiting all forms of child marriage and ensure that children who have been married can file a complaint on family matters such as divorce and custody of their children, and for financial compensation;

The Committee recommends that the State party take urgent steps to counter the impact of river diversions and industrial activity in Khuzestan on agriculture and human health, which includes environmental pollution and water shortages.

The Committee recommends that the State party strengthen its efforts to further reduce poverty and extreme poverty, in particular in provinces populated by ethnic minorities, such as Sistan and Baluchestan, Khuzestan and Kurdistan. The Committee recommends that the State party take immediate steps, inter alia by increasing budgetary allocations, to improve housing and living conditions in regions with ethnic minorities, including the provision of access to safe drinking water, adequate sanitation, electricity, transportation facilities, schools and health-care centres.

Develop a comprehensive strategy to protect children in street situations and reduce their number, including identifying the underlying causes, such as poverty, family violence, migration, and lack of access to education, with the aim of preventing and reducing this phenomenon.

The Committee recommends that the State party take active measures to officially recognize ethnic and linguistic minority groups and that it provide them with opportunities to learn, communicate and practise their language, art, culture and religion without any undue interference. It also urges the State party to ensure that reports of unlawful arrests, detention, imprisonments, killings, torture and executions targeted against members of minority groups, including children, are promptly investigated and the perpetrators are held accountable.

He encourages the Government to continue to amend laws in line with its legal obligations and pledges made during the Universal Periodic Review to protect the equal and full enjoyment by women of their civil, political, social and economic rights, including the right to freedom of movement, the right to work and the right to be free from discrimination, especially in the workplace.

Consider the immediate and unconditional release of civil society actors and human rights defenders prosecuted for protected activities; including journalists, netizens, lawyers and student, cultural, environmental, and political activists that work to promote civil, political, economic, social and cultural rights currently detained for activities protected by national and international law.

The Government should amend laws and policies, and reconsider draft legislation, that infringe on the right to freely associate and assemble with expressive groups or like-minded individuals and to promote peaceful ideals and activities. Non-governmental organizations, including unregistered associations, should be allowed to function freely, and their members should be able to operate in a safe environment. The Special Rapporteur echoes the recommendation made by the Special Rapporteur on the rights to freedom of peaceful assembly and of association that the establishment of associations should be facilitated by a notification procedure that is simple, easily accessible, non-discriminatory and non-onerous or free of charge. Furthermore, the right to peaceful assembly should not be subject to prior authorization by the authorities, but at the most to a prior notification procedure, which should not be burdensome, and the Government should recognize spontaneous assemblies as exempted from prior notification.

He urges the authorities to recognize that freedom of religion or belief entails the freedom to choose a religion or belief, and that measures restricting eligibility for civil, political, social or economic privileges, or imposing special restrictions on the practices or manifestations of the beliefs of other faiths violate the prohibition of discrimination based on religion or belief and the guarantee of equal protection under article 26 of the ICCPR.

To facilitate the unconditional release of individuals imprisoned for exercising peacefully their rights to expression, association, assembly, belief and religion.

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.

The Special Rapporteur welcomes the recent amendments to the Islamic Penal Code and the Criminal Procedure Code. She, however, regrets that the amendments have not yet translated into better protection from arbitrary arrest and detention, as shown by the number of cases highlighted in the present report. The Special Rapporteur urges the Government to adopt all the measures necessary to effectively guarantee the right of anyone to be free from arbitrary deprivation of their liberty. In this respect, she echoes the recommendations made by the previous mandate holder on the necessity to amend the broadly defined criminal offences, to strengthen fair trial safeguards, to investigate all allegations of torture and ill-treatment and to hold accountable those found guilty.

The widening crackdown on freedom of expression and opinion that reportedly took place during the reporting period is regrettable, and the Special Rapporteur urges the Government to consider amending or rescinding laws, policies and parliamentary measures that contravene freedom of expression and that restrict access to information, including the draft political crimes bill, which would criminalize attempts to reform the country's policies

He reiterates the concern of the Special Rapporteur on the situation of human rights defenders about the Government's "overly broad interpretations" of national security and propagation crimes against the State, and strongly urges authorities to release all individuals identified as arbitrarily detained by the Working Group on Arbitrary Detention and other human rights mechanisms.

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: Undertake a prompt, effective and transparent review of all child offenders on death row and ensure that they are afforded legal representation and financial and other needed support to exercise their right to a retrial as provided for by article 91 of the Penal Code;

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 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.

The Special Rapporteur recommends that the judiciary: (a) Urgently halt the planned execution of all child offenders, and commute the death sentences imposed on the basis of qisas and hudud crimes for all child offenders;

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;

The Special Rapporteur recommends that the Government and Parliament: Ensure that all prisoners with health conditions for whom staying in prison would mean an exacerbation of their condition are not detained in prison, and issue alternative sentences if there is no prospect of recovery through the full implementation of article 502 of the Code of Criminal Procedure;

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 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.

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 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.

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

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;

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;

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;

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;

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

The Special Rapporteur urges the Government of Iran to take immediate steps to ensure that human rights defenders are able to carry out their work in a safe and enabling environment without fear of detention, harassment and prosecution. She remains available to provide any guidance or assistance that the Government might require in this regard.

The Committee recommends that the State party take urgent and effective steps to address the very high number of children living and/or working in the street, address the root causes of the phenomenon, and provide all street children with access to health services and education.

The State party should take steps to ensure full respect for the right to freedom of religion or belief, including ensuring that legislation and practices fully conform to article 18 of the Covenant. This also entails that the right of everyone to change his or her religion, if he or she so chooses, is unconditionally and fully guaranteed. The Committee also urges the State party to revoke article 225 of the draft Penal Code. The Committee recalls its general comment No. 22 (1993) on the right to freedom of thought, conscience and religion.

The State party should ensure full respect for the freedom of everyone, including members of the Baha'i community, to have or to adopt a religion or belief of his or her choice, and the freedom, either individually or in community with others and in public or private, to manifest this religion or belief in worship, observance, practice and teaching. The State party should take immediate steps to ensure that members of the Baha'i community are protected against discrimination in every field, that violations of their rights are immediately investigated, that those found responsible are prosecuted and that they are provided with effective remedies.

The State party should guarantee the freedom to manifest a religion or belief and that it can be exercised either individually or in community with others and in public or private. The Committee reminds the State party that this right also entails the building of places of worship.

Prohibit by law cruel corporal punishments such as stoning and flogging;

The Committee urges the State party to refrain from forcibly evicting individuals and expropriating land in the context of development projects, including in regions traditionally inhabited by ethnic minorities. It recalls that in cases where eviction or relocation is considered to be justified, it should be carried out in strict compliance with the relevant provisions of international human rights law.

The Committee encourages the State party to sign and ratify the Convention on the Elimination of All Forms of Discrimination against Women, the Conventionagainst Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the International Convention for the Protection of All Persons from Enforced Disappearance, and withdraw its reservation to the Convention on the Rights of Persons with Disabilities.

The Committee also wishes to invite the Government of the Islamic Republic of Iran to undertake necessary steps to ensure that the rights enunciated in articles 17, 19, 21, 22 and 25 can be exercised without any limitations or restrictions other than those provided for in the Covenant.

Ensure that the right to a fair trial is fully respected and that all women detainees are brought to trial, with access to a lawyer and legal aid where necessary, without undue delay;

The Committee recommends that the State party take measures to ensure that the State party's policies, strategies and plans of action address in particular the rights of children in disadvantaged and marginalized situations, are aimed at providing them with equal opportunities in all areas of life and at improving their situation, and are supported with sufficient human, technical and financial resources.