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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