Impact Iran

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 requests the State party, in its next periodic report, due to be submitted on 2 November 2014, to provide specific, up-to-date information on all its recommendations and on the Covenant as a whole.

The State party should widely disseminate the Covenant, the text of the third periodic report, the written responses it has provided in response to the list of issues drawn up by the Committee, and the present concluding observations so as to increase awareness among the judicial, legislative and administrative authorities, civil society and non-governmental organizations operating in the country, as well as the general public. The Committee also suggests that the report and the concluding observations be translated into the official language of the State party. The Committee further requests the State party, when preparing its fourth periodic report, to broadly consult with civil society and non- governmental organizations.

The State party should introduce legislative amendments to ensure that articles 3 and 28, sections 1 and 3, of the Majlis Elections Act are in conformity with the rights guaranteed in article 25 of the Covenant. It should also take adequate steps to guarantee that elections are conducted in a free and transparent manner, in full conformity with the Covenant, including through the establishment of an independent electoral monitoring commission.

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 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.

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 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.

The State party should take all necessary measures to ensure that pretrial detention is not excessively long in law and in practice, particularly through independent judicial supervision and prompt access to lawyers, in full compliance with article 9 of the Covenant. The State party should also take immediate steps to eliminate incommunicado detention, taking due care to ensure compliance in practice.

The State party should urgently establish a full, impartial and independent investigation into allegations of killings, torture and other ill-treatment during and following the 12 June 2009 presidential elections, and prosecute those officials found responsible.

The State party should immediately end the execution of minors, and further amend the draft juvenile crimes investigation act and the Bill of Islamic Criminal Code with the aim of abolishing the death penalty for crimes committed under the age of 18. The State party should also commute all existing death sentences for offenders on death row who had committed a crime while under the age of 18.

The State party should adopt legislation criminalizing domestic violence and take steps to effectively combat domestic violence. It should ensure that victims have immediate access to means of redress and protection, including through the establishment of a sufficient number of safe houses for victims. The State party should ensure that acts of domestic violence are effectively investigated and that perpetrators are prosecuted and sanctioned. The State party should also ensure that a husband is not exempted from punishment for voluntary manslaughter, in the event that he murders his wife on suspicion of adultery.

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.

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.

The Committee recommends that active measures should be taken to enhance the status of women in the Islamic Republic of Iran in accordance with articles 2, 3 and 23 of the Covenant and to guarantee their equal enjoyment of rights and freedoms.

The Committee recommends that Iranian legislation and practice be brought into line with the provisions of articles 9 and 14 of the Covenant, which provide that all persons should have the right to a fair trial, including the assistance of counsel, the right to be brought promptly before a judge and the right to be tried in public. Urgent consideration should also be given to the abolition of the Revolutionary courts.

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 Special Rapporteur urges the Iranian Government to immediately drop all charges against Ms. Rahemipour and to halt any acts of retaliation against relatives, witnesses and human rights defenders who report cases of enforced disappearances, pursuant to article 13 (3) and (5) of the Declaration on the Protection of all Persons from Enforced Disappearance adopted by General Assemble resolution 47/133.

The Special Rapporteur reiterates his appeal to the Government to take all necessary measures to guarantee that human rights defenders are subject to fair proceedings before an independent and impartial tribunal

The Special Rapporteur strongly urges the Government of the Islamic Republic of Iran to fully cooperate with the mandates of the Special Rapporteur in the future, particularly due to the serious allegations addressed, and to provide information on the communications sent.

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 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.

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.

On the right to due proccess: The immunity of counsel in pleading cases must be reaffirmed and expressly guaranteed in a legislative instrument formulated in cooperation with representatives of the Bar;

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.

Investigate publicly all allegations of arbitrary detention and to ensure that victims of arbitrary detention receive compensation;

Listen to the voices of women.

Ensure that women enjoy full freedom and rights to become equal partners in decision-making in the home, at work and in society at large;

Ensure that women have equal rights to enter into marriage and during the marriage relationship, as well as at its dissolution;

Vigorously enforce the prohibition on torture, to investigate fully and publicly all allegations of torture, including the case of Zahra Kazemi, to hold perpetrators accountable and to ensure that victims of torture receive compensation and rehabilitation;