REF0114
- Mechanism
- Special Rapporteur - Freedom of Religion or Belief
- Date
- Feb 1, 2010
- Full Recommendation
The Special Rapporteur is grateful that the Government of the Islamic Republic of Iran replied to the joint communication of 17 October 2008. She would like to reiterate the observations and concerns in her previous report (see A/HRC/10/8/Add.1, paras. 94 and paras. 111-112). The Special Rapporteur again urges the Government to ensure that the Baha'i members, who have been detained for more than 20 months so far, receive a fair trial and in this regard she would like to recommend the presence of independent observers during the trials. Reportedly, the trial of Ms. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mr. Vahid Tizfahm and Ms. Mahvash Sabet began on 12 January 2010 in Tehran, however, no observers were allowed inside the court at that session
- Recommendation Status
- Not Implemented
- Themes
- Freedom from discrimination
- Freedom of religion and belief
- Right to fair trial
- Demographics
- Religious, Ethnic and Linguistic Minorities
- Source Reference Info
- A/HRC/13/40/Add.1
- Date added
- Mar 31, 2021
REF0108
- Mechanism
- Special Rapporteur - Freedom of Religion or Belief
- Date
- Feb 1, 2009
- Full Recommendation
Furthermore, she would like to recall that the General Assembly resolution 63/181 urges States to step up their efforts to eliminate intolerance and discrimination based on religion or belief, notably by taking all necessary and appropriate action, in conformity with international standards of human rights, to combat hatred, discrimination, intolerance and acts of violence, intimidation and coercion motivated by intolerance based on religion or belief, as well as incitement to hostility or violence, with particular regard to members of religious minorities in all parts of the world. In this regard, the Special Rapporteur is very concerned by the continued violations of freedom of religion or belief suffered by members of the Baha'i community. She urges the Government of the Islamic Republic of Iran to ensure that the Baha'i members who are currently detained receive a fair trial and she would like to recommend the presence of independent observers during the trials.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from discrimination
- Freedom of religion and belief
- Right to fair trial
- Demographics
- Religious, Ethnic and Linguistic Minorities
- Source Reference Info
- A/HRC/10/8/Add.1
- Date added
- Mar 31, 2021
NEW0017
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2015
- Full Recommendation
The Special Rapporteur thanks the Government for its response, in which it is indicated that the case was under reconsideration and the final verdict had to be issued. Therefore, he would like to urge the Government of the Islamic Republic of Iran not to execute Ms. Razieh Ebrahimi.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/29/37/Add.5
- Date added
- Mar 29, 2021
REF0175
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2013
- Full Recommendation
The Special Rapporteur notes that 17 communications were sent to the Government of the Islamic Republic of Iran during the period under review. He thanks the Government for the responses received to five communications. At the same time, he regrets that the Government did not provide replies to 12 communications, and encourages it to respond substantively to all of them. The Special Rapporteur is particularly concerned about the high number of cases regarding the imposition of the death penalty in the Islamic Republic of Iran in contravention of international human rights law, namely of the most serious crimes provision and the standards on fair trial and due process safeguards. Should these allegations be corroborated, he strongly encourages the Government to stay all executions and commute without delay the death sentences. He also calls upon the Government to bring its domestic legislation and practice in conformity with the international law requirements regarding the imposition of the death penalty in the countries which have not yet abolished it.
- Recommendation Status
- Not Implemented
- Themes
- International treaties, reporting, data and non-compliance
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/23/47/Add.5
- Date added
- Mar 29, 2021
REF0172
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2013
- Full Recommendation
Should any of the alleged violations of procedural safeguards in the proceedings conducted against him be confirmed, the Special Rapporteur calls upon the Government of the Islamic Republic of Iran not to execute Mr. Behrooz Alkhani Aghbarzeh (Mr. Behrouz Alakhani), and commute without delay his sentence.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/23/47/Add.5
- Date added
- Mar 29, 2021
REF0137
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2010
- Full Recommendation
International law, in particular Article 6(4) of the International Covenant on Civil and Political Rights, guarantees the right to seek pardon or commutation of the sentence from the State authorities. Where the diyah pardon is available, it must be supplemented by a separate, public system for seeking an official pardon or commutation.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/14/24/Add.1
- Date added
- Mar 29, 2021
REF0132
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2010
- Full Recommendation
Finally, without expressing at this stage an opinion on whether the arrests of protestors on 27 December 2009 are arbitrary or not, we would like to appeal to your Government to take all necessary measures to guarantee their right not to be deprived arbitrarily of their liberty and to fair proceedings before an independent and impartial tribunal, in accordance with articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights.
- Recommendation Status
- Not Implemented
- Themes
- Arbitrary Detention
- Liberty and Security of the person
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/14/24/Add.1
- Date added
- Mar 29, 2021
REF0146
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2010
- Full Recommendation
Only the full respect for stringent due process guarantees distinguishes capital punishment as still allowed under international law from a summary execution, which violates the most fundamental human right. We therefore urge your Excellency's Government to take all necessary measures to guarantee that the rights under international law of Messrs Ali Saedi, Walid Naisi, Majid Fardipour (Majid Mahawi), Doayr Mahawi, Maher Mahawi, Ahmad Saedi, and Yousuf Leftehpour are respected. Considering the irreversible nature of capital punishment, this can only mean suspension of the death sentence against the seven men until the question of whether fair trial guarantees were respected has been clarified and the allegations of torture have been thoroughly investigated and all doubts in this respect dispelled.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from torture/CID treatment
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Prisoners
- Source Reference Info
- A/HRC/14/24/Add.1
- Date added
- Mar 29, 2021
NEW0015
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2010
- Full Recommendation
Although the death penalty is not, per se, prohibited under international law, I would like to remind your Excellency's Government that it must be regarded as an extreme exception to the fundamental right to life, and must as such be interpreted in the most restrictive manner. It is crucial that all restrictions and fair trial standards pertaining to capital punishment contained in international human rights law are fully respected in proceedings relating to capital offences. As Article 14(5) of the ICCPR provides, "Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law." Since the Head of the Judiciary has ordered a review of Mr. Haddadi's case, no execution should be carried out before the completion of the review
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/14/24/Add.1
- Date added
- Mar 29, 2021
REF0121
- Mechanism
- Special Rapporteur - Extrajudicial, Summary or Arbitrary executions
- Date
- Jun 1, 2010
- Full Recommendation
(Regarding post-election violence killings of 5 students and 7 others. killing of students Fatemeh Barati, Kasra Sharafi, Mobina Ehterami, Kambiz Sho'a'i and Mohsen Imani along with at least seven other protesters and the arbitrary detention of dozens of opposition activists following recent elections in Iran.) Without expressing at this stage an opinion on the facts of the case and on whether the detention of the abovementioned persons is arbitrary or not, we would like to appeal to your Excellency's Government to take all necessary measures to guarantee their right not to be deprived arbitrarily of their liberty and to fair proceedings before an independent and impartial tribunal, in accordance with articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights.
- Recommendation Status
- Not Implemented
- Themes
- Liberty and Security of the person
- Right to fair trial
- Demographics
- Civil Society
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/14/24/Add.1
- Date added
- Mar 29, 2021
REF0169
- Mechanism
- Special Rapporteur - Iran
- Date
- Feb 1, 2013
- Full Recommendation
Consider a moratorium on capital punishment until the efficacy of judicial safeguards can be meaningfully demonstrated, and stay the execution of individuals who have alleged violations of their due process rights.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/22/56
- Date added
- Mar 29, 2021
REF1652
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2020
- Full Recommendation
Ensure that deaths in custody and allegations of violations of due process and of ill-treatment are promptly, independently, impartially and effectively investigated by an independent competent authority with a view to holding perpetrators accountable and in compliance with the right to a fair trial.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from torture/CID treatment
- Right to fair trial
- Right to life
- Demographics
- Prisoners
- Source Reference Info
- A/HRC/43/61
- Date added
- Mar 27, 2021
REF1644
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2020
- Full Recommendation
Pass the parliamentary bill introduced in September 2019 aimed at ending the recording and broadcasting of confessions on State-funded media prior to trial and ensure punishments for those involved in recording and broadcasting such confessions
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- Prisoners
- Source Reference Info
- A/HRC/43/61
- Date added
- Mar 27, 2021
REF1628
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2020
- Full Recommendation
Ensure that all persons accused of any crime have access to a lawyer of their choosing during all stages of the judicial process, including during the initial investigation and interrogation stage, and are provided with legal aid as needed;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/43/61
- Date added
- Mar 27, 2021
REF1627
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2020
- Full Recommendation
Amend the Islamic Penal Code and the Code of Criminal Procedure to ensure that confessions alone are not sufficient for establishing guilt;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/43/61
- Date added
- Mar 27, 2021
REF1604
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2018
- Full Recommendation
The Special Rapporteur further notes that an independent bar association is vital to the promotion to the rule of law. All executive and judicial interference in management and working of bar associations should be removed and the bar association should be made an autonomous and self- regulatory body.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- HRDs, Journalists & Lawyers
- Source Reference Info
- A/HRC/37/68
- Date added
- Mar 27, 2021
REF1603
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2018
- Full Recommendation
The Special Rapporteur also reiterates her call upon the Government to ensure that the judiciary is free from interference of any kind and to uphold the integrity of judges, prosecutors and lawyers, through transparent and merit-based appointments, and through protecting them and their families and professional associates against all forms of reprisals as a result of discharging their functions. The judiciary should also be held accountable for ensuring that proceedings are conducted fairly and that the rights of the parties are respected, through a mechanism that is consistent with the Basic Principles on the Independence of the Judiciary.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- HRDs, Journalists & Lawyers
- Source Reference Info
- A/HRC/37/68
- Date added
- Mar 27, 2021
REF1567
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2018
- Full Recommendation
The Government of the Islamic Republic of Iran should also ensure that all those sentenced to death can exercise their right to equal access to justice through adequate legal representation, which is an essential component of due process at any stage in criminal proceedings, including the appeal and review process. Adequate and qualified legal representation at the review stage through effective legal aid programmes should be ensured.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/37/68
- Date added
- Mar 27, 2021
REF1566
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2018
- Full Recommendation
Pursuant with commitments made during the special session on the world drug problem, and in order to fully implement the new amendments to the 1998 drug trafficking law, the Government should establish a clear and transparent procedure for reviewing the cases of individuals who have been sentenced to death under the previous drug trafficking law. Such a process should be transparent, accessible, and follow due process and fair trial guarantees, including effective representation of defendants.
- Recommendation Status
- Not Implemented
- Themes
- International treaties, reporting, data and non-compliance
- Right to fair trial
- Right to life
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/37/68
- Date added
- Mar 27, 2021
REF1561
- Mechanism
- Special Rapporteur - Iran
- Date
- Mar 1, 2018
- Full Recommendation
The Special Rapporteur welcomes the continued engagement by the Government with her mandate through meetings and written exchanges. The Special Rapporteur further notes some developments including the adoption of amendments to drugtrafficking laws, and the follow-up on the Charter on Citizen's Rights. In particular, the Special Rapporteur noted the positive step taken to grant Baloch citizens with nationality cards and to afford access to education to children in the province. Such developments have taken place amidst ongoing severe reports of the denial of human rights in a number of fundamental areas. As such, small gains are lost in an overall atmosphere where the State denies even very basic rights to its population. The Special Rapporteur urges the Government to demonstrate the political will to end the impunity of agents of the State who perpetrate violations of the human rights of individuals in the country
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/HRC/37/68
- Date added
- Mar 27, 2021
REF1560
- Mechanism
- Special Rapporteur - Iran
- Date
- Sep 1, 2018
- Full Recommendation
The Special Rapporteur calls upon the Government to fully respect the rights of religious and ethnic minorities in the Islamic Republic of Iran and to ensure that all those who reside in the country have equal protection before the law, regardless of ethnicity, religion or belief.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from discrimination
- Freedom of religion and belief
- Right to fair trial
- Demographics
- Religious, Ethnic and Linguistic Minorities
- Source Reference Info
- A/73/398
- Date added
- Mar 27, 2021
REF1486
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending abolition of the death penalty for child offenders, the Special Rapporteur recommends that the Iranian Legal Medicine Organization, and other expert bodies called upon to conduct article 91 assessments: Afford the child offender the benefit of the doubt and deliver a finding of uncertainty when absolute certainty cannot be scientifically established, including if the assessment is not conducted immediately after the alleged offence. Establish and publish a methodology to conduct the assessment.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1485
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending abolition of the death penalty for child offenders, the Special Rapporteur recommends that the Iranian Legal Medicine Organization, and other expert bodies called upon to conduct article 91 assessments: (a) Conduct assessments that provide a scientific, evidence-based assessment as to whether there is total certainty about the mental development of the child offender at the time of the offence in line with article 91 of the Penal Code. Ensure that such an assessment reflects the findings of assessments by experts from all relevant fields, including the relevant child development, psychology, psychiatry, and social service fields
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1482
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Ensure that detention pending trial is only used as a measure of last resort and for the shortest possible period of time for children accused of any crime, including qisas and hudud crimes
- Recommendation Status
- Not Implemented
- Themes
- Arbitrary Detention
- Liberty and Security of the person
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1481
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Ensure that the court takes into account the circumstances in which the child is living and the conditions in which any offence has allegedly been committed, including through the preparation, introduction and full consideration of pre-sentence reports. Ensure that the court is informed about all relevant facts about the child, such as social and family background, wealth, education and circumstances of marriage. Ensure that adequate social services capacity has been established to be able to provide such reports and is mandated to provide such advice
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1476
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: When assessing the quality and veracity of testimony or confession offered by the child, ensure that the judge considers all circumstances of interrogation, especially the age of the child as well as the length of detention and interrogation and the presence of legal or other representatives and parents during questioning;
- Recommendation Status
- Not Implemented
- Themes
- Child's right to be heard
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1475
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Ensure that children who have been detained or arrested are interviewed only in the presence of their chosen lawyer, are immediately granted legal aid if needed, and are granted access to a family member of their choice at all times regardless of the offence they are accused of
- Recommendation Status
- Not Implemented
- Themes
- Child's right to be heard
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1472
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Undertake a prompt, effective and transparent review of all child offenders on death row and ensure that they are afforded legal representation and financial and other needed support to exercise their right to a retrial as provided for by article 91 of the Penal Code;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1470
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: (a) Require courts to comprehensively assess mental development in all cases in line with article 91 of the Penal Code, and to always seek expert advice from the relevant child development, psychology, psychiatry, and social service fields as well as from the Iranian Legal Medicine Organization, with a view to ensuring that the child is exempted from the death penalty;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1468
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
The Special Rapporteur recommends that the judiciary: Pending legislative review, urgently issue a circular which requires all judges not to sentence children to death on the basis of qisas or hudud crimes, and which requires presiding judges to order retrials for all child offenders on death row without recourse to the death penalty.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021