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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
REF1442
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
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;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1444
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
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;
- Recommendation Status
- Not Implemented
- Themes
- Freedom from torture/CID treatment
- Right to fair trial
- Demographics
- Prisoners
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1445
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
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;
- Recommendation Status
- Not Implemented
- Themes
- Freedom from torture/CID treatment
- Right to fair trial
- Demographics
- Prisoners
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
REF1472
- 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: 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;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1475
- 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: Ensure that children who have been detained or arrested are interviewed only in the presence of their chosen lawyer, are immediately granted legal aid if needed, and are granted access to a family member of their choice at all times regardless of the offence they are accused of
- Recommendation Status
- Not Implemented
- Themes
- Child's right to be heard
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
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
- Date added
- Mar 27, 2021
REF1479
- 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: Establish specialist and separate child courts to consider cases involving children, for all crimes including qisas and hudud crimes, in the first instance and on appeal, in all provinces. Ensure that the judges who preside over such courts, and the prosecutors who are able to bring cases before such courts, have a minimum level of professional qualifications and expert training in child sociology, child psychology and behavioural sciences;
- Recommendation Status
- Partially Implemented
- Themes
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1481
- 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: 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
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1482
- 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: 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
- Recommendation Status
- Not Implemented
- Themes
- Arbitrary Detention
- Liberty and Security of the person
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021