C. The Special Rapporteur 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.
Ad-hoc revolutionary tribunals and special religious courts, established in the aftermath of the
revolution, are still in place today in the Islamic Republic of Iran.43 The Law on Formation of
General and Revolutionary Courts was adopted in 1994,44 subsequently amended in 2002.45 The
Code of Criminal Procedure for General and Revolutionary Courts was enacted in 1999.46
Despite its stipulated three-year trial period, it remained in place until the entry into force of the
new Code of Criminal Procedure (CCP) in 2015.47 Revolutionary courts are among Iran’s
criminal courts listed under Article 294 of the new CCP (2015) and, according to Article 297, are
to be established in the capital of each of the state’s provinces.48
Revolutionary courts have jurisdiction over crimes against national and external security,
moharebeh (“enmity against God”), efsad-e fel-arz (“corruption on earth”), baghi (“armed
rebellion against the state”),49 “gathering and colluding against the Islamic Republic”, armed
activities, arson and “destruction and plunder of resources with the purpose of opposing the
system”, “insulting the founder of the Islamic Republic and the Supreme Leader”, all smuggling
of restricted items and drug-related offences and other offences whose investigation fall under
the revolutionary court’s jurisdiction.50 In 2018, the Special Rapporteur on the situation of
human rights in the Islamic Republic of Iran stated that the pattern of reported violations related
to due process and fair trial in the country often occurred within the context of revolutionary
courts,51 which reportedly issue the most death sentences.52 Similarly, NGO reports seem to
suggest that trials before revolutionary courts disproportionately target civil rights activists and
members of religious minorities such as the Baha’is.53 Additionally, recent reported cases of
43
NGO joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights
Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
44
The Law on Formation of General and Revolutionary Courts, 13 July 1994, available at rc.majlis.ir/fa/law/show/90416
45
Amendments to the Law on Formation of General and Revolutionary Courts, 3 November 2002, available at
https://rc.majlis.ir/fa/law/show/93837
46
The Code of Criminal Procedure for General and Revolutionary Courts, 19 September 1999, available at
https://rc.majlis.ir/fa/law/show/93219
47
Amnesty International, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
48
Iran Human Rights Documentation Center, https://iranhrdc.org/amendments-to-the-islamic-republic-of-irans-code-of-criminalprocedure-part-1/
49
Defined under Articles 279 to 285 and Articles 286 to 288 of the Islamic Penal Code (2013), Iran Human Rights
Documentation Center, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
50
Amnesty International, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
51
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, March 2018,
https://undocs.org/en/A/HRC/37/68
52
See Iran Human Rights https://iranhr.net/en/articles/2839/
53
EN-HRANA, https://www.en-hrana.org/?s=revolutionary+court
5