A/HRC/37/68/Add.1
to facilitate people's access to information which has resulted in increase of internet users to
nearly 50 million people. Therefore, the due attention of the legislator of the Islamic Republic
of Iran has guaranteed the provision of freedom of expression and access to information in
compliance with the public's rights and only those individuals who, by insulting or abusing the
press and harassing people or exposing people’s personal information or defamation,
committed a verb or a criminal offense are prosecuted and punished.
Reply to paragraph 90
From the point of view of the Islamic Penal Code, there is no punishment for political activity,
so there are no political prisoners in the Islamic Republic of Iran. Recently, with the adoption
of a political crime bill called the Political Crime Act of 2016 and provision of definitions,
attempts have been made to tolerate political activists, in case of an offense or crime by them.
In addition, it should be noted that the communication of the Working Group, referred to in
this paragraph, had already been answered in detail.
Reply to paragraph 91
In the Islamic Republic of Iran, no one is prosecuted for collaborating with international human
rights mechanisms. Again, it should be noted that in the laws of Iran and also in the
administrative procedure, everyone committing acts determined by the legislator to entail a
punishment through fair trial, will receive a punishment in proportionate to the committed,
offense established in the law, and in this connection no exception among citizens.
Reply to paragraph 92
Under the laws of the Islamic Republic of Iran, charges of special sensitivity shall be dealt in
the courts with the presence of the prosecutor's representative, the accused and his lawyer
through convening of required hearings and observance of fair trial proceedings. The
observance of principles such as issuing of arrest warrant at the investigation stage and the
principles governing fair trial in the initial stages, appeals, and restitutions and the fair trial
rules are all stipulated in provisions of the Criminal Procedure Law. The correct enforcement
of is supervised through the Supreme Court, and it shall deal with any deviation from the legal
path, without the slightest discrimination; and in the event of an illegal action contrary to the
pertinent law, the Court may violate the judgment and re-examine it. The Islamic
Revolutionary Tribunal is also a specialized tribunal that, under the law, only has the
jurisdiction to deal with certain crimes, including all crimes against domestic and foreign
security and all crimes related to smuggling and narcotics, and in no way can deal or consider
other crimes outside the framework set forth in the law, and the procedure is similar to that of
other courts.
Reply to paragraph 93:Regarding the independence of the judiciary, it is worth mentioning
that, in accordance with Principle 156 of the Constitution, the Judiciary is an independent
power and, in accordance with Principles 164 and 166, the judicial authority is protected by
law and at the same time the judge is obliged to issue a verdict reasonably and on the basis of
documents. In addition, ordinary laws, such as the "Criminal Procedure", "Civil Procedure",
and regulatory rules, have guaranteed the independence of judges and lawyers at all stages of
proceedings, whether they are initial or appeal. The Judiciary is impartial and without the
influence of other administrative or legislative Powers, is protected by the Constitution
(Chapter 11); and in order to implement the rules of ordinary laws, which have been introduced
through democratic process and have been operational, and with cooperation of judicial
agencies, carry outs the entrusted duties. The judiciary has taken various measures to improve
the efficiency and guarantee of greater independence, by monitoring the performance of the
judiciary and affiliated organizations, which is referred to in the text of the response.
Reply to paragraph 94
Ordinary laws, including criminal procedure, civil procedure, and supervisory rules, have
guaranteed the independence of judges and lawyers at all stages of proceedings, whether they
are initial or appeal. Also, lawyers in Iran have full independence and any probable violations
by them is investigated by the Bar Association which is more than 90 years old. Further
explanations are given on the independence of lawyers in the text.
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