A/HRC/40/67 the Special Rapporteur received reports indicating that at least 300 members of Ahwazi Arab minority groups had been detained incommunicado.14 The authorities later confirmed that 22 people had been arrested, 15 and then later denied that they had been executed. 16 In its comments, the Government stated that investigations were continuing. The Special Rapporteur reiterates the right to a fair trial of those detained, and the need for information on their whereabouts. B. Right to a fair trial and liberty 12. The extensive use of the death penalty is alarming given the numerous reported cases of violations of the right to a fair trial. Many cases highlight violations of the right to defend oneself through legal assistance of one’s own choosing and the right to not to be compelled to testify against oneself or to confess guilt, which are guaranteed under article 14 of the International Covenant on Civil and Political Rights which the Islamic Republic of Iran has ratified. 13. According to article 35 of the Constitution and article 48 of the Code of Criminal Procedure, individuals are guaranteed the right to be represented by their chosen lawyer. However, in articles 48 and 302 of the Code of Criminal Procedure it is stated that if individuals are accused of offences punishable by death, life imprisonment or amputation, or of “political or press crimes”, their choice of legal representation during the investigation stage is restricted to lawyers on a list approved by the Head of the Judiciary. The Special Rapporteur is particularly disturbed by these restrictions, given the reports received and information obtained during interviews indicating a pattern of torture and other ill-treatment conducted to compel confessions during the investigation stage. The Special Rapporteur notes that according to the Penal Code, confessions extracted under duress or torture are prohibited and inadmissible before the courts,17 and perpetrators are subject to punishment. However, in article 171 of the Penal Code it is also stated that “if an accused person confesses to the commission of an offence, his or her confession shall be admissible and there is no need for further evidence”. Furthermore, it is stated in article 360 of the Code of Criminal Procedure that convictions can be issued on the basis of voluntarily given confessions alone. As such, the Special Rapporteur is concerned that there is a strong institutional expectation to extract confessions, which does not facilitate an environment conducive to fair trials. In its comments, the Government described the conditions that must be met before – under the Penal Code – a confession can be introduced, which include that the accused must be “recognized to be reasonable, mature, and impartial and free during confession”. 14. Discrimination in the administration of justice has been illustrated by the disproportionate number of arrests and convictions of members of minority groups. The Special Rapporteur received numerous reports in this respect, consistent with information obtained during interviews conducted with members of the Baha’i, Azerbaijani Turkish, Kurdish and Baloch communities among others. The Special Rapporteur also reviewed a list of 83 imprisoned members of the Baha’i community. In February 2018, special procedure mandate holders noted that they were aware of several reported cases in which members of the Christian minority had received heavy sentences after being charged with threatening national security, either for converting people or for attending house churches. 18 15. The Special Rapporteur reviewed reports of violations of the right to a fair trial and liberty of dual and foreign nationals detained in the Islamic Republic of Iran. On the basis of ongoing reports, information reviewed and interviews conducted, the Special Rapporteur considers that there is a pattern involving the arbitrary deprivation of liberty of dual nationals and foreign nationals in the Islamic Republic of Iran, as identified by the Working Group on 14 15 16 17 18 4 See www.amnesty.org/en/latest/news/2018/11/iran-fears-mounting-for-detained-ahwazi-arabs-amidreports-of-secret-executions/. See https://bit.ly/2EZ3MWK. See www.irna.ir/fa/News/83096589. See arts. 168–169. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22629&LangID=E.