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;