A/HRC/37/68/Add.1
the defendant and his attorney, it was upheld. According to the court ruling dated 13 June
2012, pursuant to Article 257 of the Code of Civil Procedure of the General and Revolutionary
Courts in criminal matters, the verdict was confirmed.
Following enforcement of the legal provisions set forth in Article 134 of the New Penal Code
he was sentenced to five years' imprisonment and extradition of the mentioned cash money.
Unfortunately, he continued his relationship with the terrorist organization, in the same way
that he committed offenses during the period of leave, and therefore, he has a new case and he
is charged with propaganda activity against the country (by telecommunication with elements
of the organization of the terrorist group of MKO). He was sentenced to one year
imprisonment and his final sentence was announced on 9 Jan. 2016.
It should be noted that he has used several times of out of prison leaves, and even from 16
Feb.2015 to 6 May 2015, he was not in prison, on the basis of Islamic affection. The issue of
the possibility of granting him amnesty, has been taken into consideration in the relevant legal
mechanism.
Reply to paragraph 41
Firstly, the mentioned opinion of the Working Group on Arbitrary Detention is not filed with
these specifications, and as stated in the introduction, the Islamic Republic of Iran has
responded actively and responsibly to communications received from the Special Procedures
and, therefore, as a rule, the initial views of these procedures in communications are not be
considered definitive, and it is necessary for the mandate holders to pay attention to the
information provided by the governments in rejecting of allegations. Contrary to the allegation,
the issue of action against national security is a clear matter in the laws of the country.
In the Islamic Republic of Iran, the issue of fair trial is emphasized in the Constitution, in the
criminal procedure law and in other ordinary laws in all stages of the proceedings, from
discovery, investigation and trial to the enforcement of judgments, regardless of race, religion,
gender, and ethnicity of people under consideration. The observance of the principle of
innocence and the necessity of the legality of crimes and punishments are taken into account in
Article 37 of the Constitution and in Articles 2 and 12 of the Islamic Penal Code. Accordingly,
no one shall be convicted in law unless his or her crime is proven in the pertinent competent
court.
* The current laws of the country ensure fair trial standards, including immediate access to
lawyers, so that a significant number of lawyers and legal advisers are run under the
supervision of lawyers' associations in different regions of the country and relevant centers for
the provision of judicial and legal services.
* In accordance with Article 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 required to issue a verdict reasonably documented. 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
primitive, appeal, or appeal stages. The Judiciary is directly and without the influence of other
Powers of the country, protected by the Constitution (Chapter 11), and in order to implement
the rules of ordinary laws, which have followed the democratic process of the legislative
process and has become operational, to fulfill their entrusted duties in cooperation with the
affiliated organizations as well as judicial authorities at initial and higher stage. The judiciary
has taken several actions to improve the efficiency and guarantee more independence, by
monitoring the performance of the judiciary and affiliated organizations, including:
- Strengthening the organization of legal and judicial Deputies;
- Strengthening and enhancing of the jurisdiction of dispute resolution Councils in order to
resolve disputes and create peace and reconciliation;
- Establishing a strategic Deputy for more coordination and monitoring of the performance of
services to citizens;
- Establishment of a Crime Prevention Deputy position;
- Establishment of a cultural Deputy position to promote the legal culture in the society;
- Establishment of a Deputy position for Information and Communication Technology (ICT) in
order to provide citizens with easy and quick access to judicial authorities through cyberspace;
- Increasing the provision of specialized training courses for judges;
- Establishment of a free legal counseling center for responding to citizens' legal questions
through the phone system 129.
18
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