The current prisons operational regulations,21 passed in 1986, put the management of all prisons
and detention centers and affiliated bodies under the responsibility of the Prisons Organisation.22
Such provision is reiterated under Article 18 of the Prison Regulations passed in 2001.23
However, the existence of secret detention centers or facilities run outside the supervision of the
Prisons Organisation is not explicitly prohibited. Secret detention centers run by security and
intelligence bodies, notably the Ministry of Intelligence and the intelligence unit of the
Revolutionary Guards, are reportedly regularly used in the Islamic Republic of Iran.24
Additionally, security and intelligence bodies can, with the approval25 and under the supervision
of the Prisons Organization,26 set up “security detention facilities”.
Prosecution authorities are obliged to inspect security detention facilities regularly and submit a
report to the judiciary.27 Under the Law on Respect for Legitimate Freedoms and Protection of
Citizens’ Rights, the head of the judiciary is obliged to set up a committee to ensure that prisons’
and detention centers’ regulations are respected and that those responsible for committing abuses
are held accountable.28 Reportedly, these legal safeguards are not applied in practice, enabling
intelligence and security bodies to operate outside the Iranian legal framework and without
accountability.29 Unofficial secret detention centers are not regulated under Iranian law and are
not registered under the Prisons Organisation, which prevents the detainees from knowing the
exact location of where they are being held. This is in contradiction to the Law on Respect for
Legitimate Freedoms and Protection of Citizen’s Rights which states that law enforcement
officials and interrogators must refrain from transferring detainees to unidentified locations.30
There is no readily available information that might indicate that the committee established by
the head of the judiciary is effectively ensuring that cases of enforced disappearances are
properly investigated and adjudicated and that those responsible are held accountable. 31
Unofficial and secret detention centres facilitate the perpetration of enforced disappearances. The
lack of proper oversight of secret and unofficial detention facilities in the Islamic Republic of
Iran hinders, if not prevents, accountability for perpetrators. Without proper legal safeguards
21
Full title: The Law Replacing the Supervisory Council on Prisons and Security and Corrective Measures with the State Prisons
Organization and Security and Corrective Measures, 1986.
22
Prison Regulations, Article 18. In 1986, the Prisons Organization replaced the Supervisory Council on Prisons and Security
and Corrective Measures. The 2001 Prison Regulations were subjected to amendments in 2002 and 2010.
23
The 2001 Prison Regulations were subjected to amendments in 2002 and 2010
24
See more: Amnesty International, https://www.amnesty.org/download/Documents/MDE1328912020ENGLISH.PDF
25
Prohibition of Forming Special Detention Facilities and Allocation of One Detention Facility for Security Crimes in Each
Province; Executive Regulations for Management of Security Detention Facilities, 21 November 2006, Note to Article 3.
26
Executive Regulations for Management of Security Detention Facilities, 21 November 2006, Articles 2 and 4-6,
27
Executive Regulations for Management of Security Detention Facilities, 21 November 2006, Article 2, See also the Law on
Respect for Legitimate Freedoms and Protection of Citizens’ Rights, 5 May 2004, Article 1(13).
28
The Law on Respect for Legitimate Freedoms and Protection of Citizens’ Rights, 5 May 2004, Article 1(15).
29
See more: Amnesty International, https://www.amnesty.org/download/Documents/MDE1328912020ENGLISH.PDF
30
The Law on Respect for Legitimate Freedoms and Protection of Citizens’ Rights, 5 May 2004, Article 1(7).
31
See more: Amnesty International, https://www.amnesty.org/download/Documents/MDE1328912020ENGLISH.PDF
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