A/HRC/43/61 ethnic and linguistic minorities have reported that they are not allowed to be assisted by lawyers or translators who speak their language, which makes them more susceptible to being pressured into signing forced confessions. Child offenders are particularly vulnerable and, as such, all the more susceptible to intimidation and pressure to make a confession. 81 47. Under article 190 of the Iranian Code of Criminal Procedure, the right of accused persons to a lawyer at the stage of preliminary investigation is guaranteed. That right is tempered, however, by article 48, according to which individuals accused of offences against national security, of crimes punishable by death, life imprisonment or amputation, or of political or press crimes can only choose to be represented, during the investigation stage, by lawyers on a list approved by the head of the judiciary. The Special Rapporteur remains concerned not only that article 48 undermines the independence of the legal profession, but also that it is a serious impediment to due process and the right to a fair trial.82 A proposed amendment to article 48 aims to delay access to any legal representation for 20 days for detainees facing charges related to national security offences, terrorism or financial corruption, 83 which would further restrict access to legal counsel during the pretrial stages, especially since the initial period of 20 days could be extended.84 2. Use of torture to extract confessions 48. Reports have also been presented to the Special Rapporteur confirming the use of torture and cruel, inhuman or degrading treatment or punishment to extract confessions during the investigative stages. According to the provisions of the Islamic Penal Code, confessions extracted through torture or duress are prohibited and inadmissible as evidence.85 On the other hand, while the law prohibiting the use of forced confessions as evidence is prima facie commendable, other legal provisions appear to encourage law enforcement agencies and the judiciary to obtain and rely on confessions, including confessions extracted through torture or under duress. According to article 171 of the Islamic Penal Code, if an accused person confesses to the commission of an offence, his or her confession shall be admissible and there is no need for further evidence. Furthermore, according to article 360 of the Code of Criminal Procedure, if the accused explicitly confesses to the commission of a crime in such manner as to remove all doubt and uncertainty in respect of the confession, the court shall pronounce its judgment by virtue of the confession. The Special Rapporteur is concerned that the combined effect of the aforementioned provisions of the Islamic Penal Code and the Code of Criminal Procedure has led to a strong institutional expectation of extracting confessions and reliance on confessions as the basis of convictions, resulting in serious breaches of criminal justice and the rights of the accused. The Special Rapporteur has been informed that judges are frequently not satisfied with the evidence presented, preferring instead to have confessions from the accused, and that in a majority of cases confessions are the primary or only piece of evidence presented against the accused. 3. Medical treatment as conditional upon confession 49. The Special Rapporteur heard evidence that security and intelligence officials, including from the Ministry of Intelligence and the Islamic Revolutionary Guard Corps, have in many cases prevented access to medical care for detainees and prisoners, or made medical attention or transfers to hospital conditional upon confession. 86 The cases of Nazanin Zaghari-Ratcliffe,87 Ahmadreza Djalali88 and former detainee Homa Hoodfar89 are 81 82 83 84 85 86 87 88 A/HRC/40/67, para. 55. A/HRC/34/65, para. 45. www.amnesty.org/en/documents/mde13/0379/2019/en/. A/74/273, para. 12. Islamic Penal Code, arts. 168–169. www.amnesty.org/en/documents/mde13/4196/2016/en/. www.theguardian.com/news/2019/jul/17/nazanin-zaghari-ratcliffes-husband-fears-she-will-be-forcedto-confess. www.amnesty.org/download/Documents/MDE1303592019ENGLISH.pdf. 13