A/HRC/25/61 procedural violations do not themselves invalidate rulings unless rights breached are of sufficient importance.15 22. Defendants may, if acquitted, seek remedy for defamation, damages and mental anguish to themselves or family members if they have been unjustifiably detained or detained through a mistake or fault of the judge during the initial investigation period. Such claims are to be heard by a provisional commission, which consists of three judges appointed by the head of the judiciary.16 C. Political crime bill 23. In September 2103, the “political crime” bill was introduced to Parliament and is currently being reviewed by the Cultural Commission.17 The bill appears to impose further limits on freedom of expression, association and assembly. According to article 1 of the bill, a political crime is any act meant to criticize the State or to obtain or maintain power, without intending to damage the fundamental principles and framework of the Islamic Republic of Iran.18 According to article 2, political crimes are those that defame, insult and publish false information against government officials; it lists crimes defined by the Activities of Political and Professional Parties, Groups, Associations and Islamic Associations or Recognized Religious Minorities Law of 1981.19 IV. Right to liberty and security of persons 24. In February 2003, the Working Group on Arbitrary Detention, during a mission to the country, visited several prisons and detention centres, and met with representatives of the Government, parliament, the judiciary and non-governmental organizations, as well as with prisoners and their families.20 It made several observations, noting that situations of arbitrary detention were “essentially related to infringements of freedom of opinion and expression”, and “malfunctions in the administration of justice”, in particular concerning due process of law, abuse of solitary confinement, the role of revolutionary tribunals and clerical courts and the failure to take into account the principle of proportionality in passing sentence. It also noted that, while freedom of expression, assembly, association and belief (for recognized religions) are guaranteed by the Constitution, almost all prisoners they requested to visit had been prosecuted or tried for having peacefully exercised these constitutional rights, which made their detention arbitrary under category II of the Group’s working methods.21 25. The Constitution prohibits arbitrary arrest. It requires that detainees be informed of their charges in writing “without delay”, stipulating in its article 32 that “a provisional dossier should be forwarded to the competent judicial authorities within a maximum of 24 hours so that preliminary procedures to the trial may be completed as swiftly as possible”. 26. The 2004 Law on Respecting Legitimate Freedoms and Protecting Citizens’ Rights contains 15 articles that specifically govern the conduct of individuals representing all 15 16 17 18 19 20 21 Ibid., art. 455. Ibid, art. 256. See http://isna.ir/fa/news/92110100816/. See http://rc.majlis.ir/fa/legal_draft/show/856745. See www.president.ir/att/sharvandi.pdf. See E/CN.4/2004/3/Add.2. Ibid., para. 42. 7