A/HRC/25/61
95.
Reports received by the Special Rapporteur continue to detail cases of frequent
infringement of the rule of law established by national laws and international
standards, resulting in the arbitrary detention of hundreds of individuals peacefully
exercising rights guaranteed by the above-mentioned treaties. The violation of the
rights and guidelines enshrined in the Constitution, the Law on Respecting Legitimate
Freedoms and Protecting Citizens’ Rights and the Criminal Procedure has also
apparently resulted in the psychological and physical torture of persons for the
purposes of extorting information that is reportedly used as evidence in court, the
basis for convictions and the application of lengthy or capital sentences.
96.
Most of the said violations are reportedly committed during pretrial detention
or court sessions. The Special Rapporteur therefore urges the Government of the
Islamic Republic of Iran to consider the following recommendations:
(a)
To facilitate the unconditional release of individuals imprisoned for
exercising peacefully their rights to expression, association, assembly, belief and
religion;
(b)
To strengthen fair trial safeguards by ensuring access to legal counsel
during all phases of pretrial detention and the investigative stage of cases, including
during interrogation and arraignment, and allow for legal counsel to advise the
accused during these proceedings;
(c)
To improve access of legal counsel to all files containing evidence against
the accused;
(d)
To investigate all allegations of mistreatment and/or psychological and
physical torture, and to prosecute the parties responsible;
(e)
To prevent the intimidation of lawyers, including threats of detention
and prosecution for discharging their ethical and professional responsibilities,
including when submitting client grievances and addressing international and
national media on their client’s behalf, which should be possible without fear of
prosecution under national security and defamation laws;
(f)
To prohibit capital punishment for juveniles and for crimes that do not
meet the most serious crimes standards under international law, including for drug
offences and perceived sexual offences.
22
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