A/HRC/25/61 Revolutionary Courts always smell because of it. Their trials never last more than a few minutes and their cases are not examined by the courts but by the court secretary. Sentences are always heavy. “Seeing them always reminds me of the times of slavery.” In the case of women who have been raped: according to Iranian law, women who complain may be accused of having illicit relations if they cannot prove their charges. The process for examining cases is very wrong and denigrating, especially with regard to the tests that are carried out, including virginity tests. The victim has to explain in minute detail everything that has happened to her, in front of five male judges in the court, a prosecutor, lawyer, and relatives of the victim. The accused is in court and must explain to everyone in public what happened. Those who are convicted and actually executed for rape are mostly gangs who rape. For example, a gang called the “Black Vultures” were arrested after having raped 50 people. In practice, singular instances of rape are not prosecuted successfully. In cases where a woman goes to court accusing others of rape, if she cannot prove it, she can then be tried for adultery. Regarding the Islamic Penal Code: Moharebeh and efsed fil-arz (corruption on earth) remain tools of repression. She would like to refer also to Article 220 of the New Code, which states that where the law is silent, the judge can consult Shari’a-based text. This provision also exists in the Constitution. Before the New Penal Code, the Supreme Court would often say that this provision concerns only civil cases and the Criminal Procedure Code, so they would throw out cases where the judge did not have a different reason. Now they can no longer do that. Articles 120 and 121 of the New Penal Code state that in cases of “doubt,” judges should not issue guilty sentences. But, there are exceptions for Moharebeh and efsed fil-arz. Another change -- to the detriment of defendants -- in the New Penal Code is that previously defendants could receive suspended sentences, but now all security-related (and some other) cases may not receive suspended sentences and do not enjoy a statute of limitations. She does note that under the previous code, if anyone committed any sort of Moharebeh and efsed fil-arz, they would be sentenced to death. Now, there is a new category of the Penal Code which only provides for a death sentence if the accused carried a weapon and used it. In the past, membership in an organization was enough. But then all defendants who were previously sentenced to death, including members of the MEK or Peyjak, should now be able to ask for a retrial. But despite the efforts of their lawyers, the courts have not permitted retrials. The Kurdish man who was executed in September along with the Baluchis, for example, was sentenced to death based only on a photo of him with a weapon. Behya Jailani Human rights activist / former prisoner Ms. Jailani was arrested in 1998 during the events at the University of Tehran. She was arrested with Ms. Ebadi, Mehrengiz Kar, Mr. Lahiji, and others. She was tortured in the presence of these people. She has brought documents and newspaper clippings about this mistreatment, which was widely reported on, because she had been in France for a long time as a PhD student and sociologist. She went back to Iran in 1998 only at the invitation of an activist. She brought some notes from her trial. She was in prison for 4.5 years. She was kept in solitary confinement in a cell that was 1x1.5 meters. She was subject to “white torture 24” hours per day (with constant intrusive or insulting music, for example). 93