Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/43/61 para 70(f)
Full recommendation:
The Special Rapporteur recommends that the Government, the judiciary and the parliament, as
appropriate: 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;
Assessment using Impact Iran human rights indicators1
Article 39 of the Constitution of the Islamic Republic of Iran stipulates that “All affronts to the
dignity and repute of persons arrested, detained, imprisoned, or banished in accordance with the
law, whatever form they may take, are forbidden and liable to punishment.”2
While the 2015 Iranian Code of Criminal Procedure (Articles 28 to 44) and the Law on the
Protection of Legitimate Freedoms and Civil Rights regulate the powers and duties of law
enforcement, they fail to provide details on the use of restraints. Further, even if the Constitution
protects the “dignity” of all prisoners in Iran, there is no independent and impartial mechanism
ensuring that regulations relating to the conduct of law enforcement are effectively implemented.
Additionally, there is no official and readily available information that might suggest that
existing regulations are effectively implemented.
Iran’s Prison Regulations provide for the management and supervision of all prisons and
detention center in the country, including the conditions of detentions such as access to adequate
food and water and medical care for detainees, visits and communications with the family.
However, there is no specific regulations as to the use of restraints on prisoners.
International standards prohibit the use of chains, irons, or any other instruments of restraints that
are “painful or inherently degrading” and restrict the use of other restraints such as handcuffs.
Such restraints should be removed as soon as risk posed by unrestricted movement, notably
escape, is no longer present.3
1
CCPR.10.1.S.1
CCPR.10.3.P.2; CCPR.10.3.P.3
2
Constitution of the Islamic Republic of Iran, English Translation, Iran Data Portal, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
3
The Mandela Rules, Rules 47 and 48, available at www.penalreform.org/wp-content/uploads/2015/05/MANDELA-RULES.pdf
1