A/HRC/25/61
and/or to sign other documents. In nearly all cases, former detainees reported having been
subjected to torture or ill-treatment during interrogation and detention.
56.
In 90 per cent of cases, former detainees claimed that their interrogators had
subjected them to psychological abuse, including prolonged solitary confinement, mock
executions, threats to life, sexual harassment, threats to family members, harsh verbal abuse
and threats of rape and other torture. Some 76 per cent also alleged that their interrogators
physically abused them in the form of severe beatings to the head and body, often with a
baton-like object. Some reported having been subjected to suspension and pressure
positions, sexual molestation, electric shocks or burning. Some also reported having been
transferred to general prison wards and shared cells after the investigation period, after
which interrogations largely concluded. Some interviewees stated they were released
shortly thereafter on bail.
57.
In total, only 18 interviewees (34 per cent) stated that they had faced actual
prosecution. Such persons were mainly charged with national security offences, while a few
faced additional morality charges in public criminal courts. All interviewees reported
various deviations from fair trial standards.
VI. Right to a fair trial
58.
In 2003, the Working Group on Arbitrary Detention recommended the abolition of
revolutionary and religious courts; the establishment of safeguards for legal counsel against
intimidation; and the involvement of legal counsel from the beginning of a case, regardless
of the nature of the allegations against the accused.47
59.
In 2011, the Human Rights Committee recommended that the Islamic Republic of
Iran should take immediate steps to ensure and protect the full independence and
impartiality of the judiciary, and guarantee that its functioning is free from pressure and
interference from the executive power and clergy. The Committee also recommended that
the State should also ensure that judges, in interpreting legislation as well as in relying on
religious principles, do not reach verdicts that are in contravention to the rights and
principles laid down in the International Covenant on Civil and Political Rights.48
A.
Independence of judges
60.
The independence of the judiciary is provided for in article 156 of the Constitution
of the Islamic Republic of Iran. The judiciary comprises multiple district courts, the
jurisdiction of which is governed by the nature of the allegations against the accused. The
revolutionary courts, before which most individuals identified as “prisoners of conscience”
are prosecuted, preside over cases involving offences against “internal or external security”,
drug offences and activities aimed at “fortifying the Pahlavi regime, suppressing the
struggles of the Iranian people by giving orders or acting as agents, plundering the public
treasury, and profiteering and forestalling the market of public commodities.”49
61.
According to article 157 of the Constitution, the Head of the Judiciary is required to
be a “doctor of religious law” and to possess knowledge of judicial matters. He has the
power to appoint and dismiss judges, to define their jobs, to issue judicial promotions and
47
48
49
14
See E/CN.4/2004/3/Add.2 and Corr.1.
CCPR/C/IRN/CO/3, para. 22.
Human Rights Watch, “Religious minorities”, 1997, available from
www.hrw.org/reports/1997/iran/Iran-05.htm.
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