A/HRC/43/20 proceedings that did not comply with international due process guarantees, including the right to a fair trial.12 11. The recently introduced changes, which have been reported, modifying the requirement of an in-person appeal hearing are a cause for concern. According to article 450 of the Code of Criminal Procedure, the presence of the accused during the appeals process is only required in cases in which the punishment is particularly serious. However, in May 2019, due to the limited capacity for holding in-person appeals, the judiciary introduced an amendment leaving it to the discretion of the appeals court whether the accused would be present at proceedings. In July 2019, the Supreme Leader permitted the implementation of the change, although the amendment has yet to be passed by the parliament. 13 The Government noted that the amendment was proposed to expedite proceedings. 12. In May 2019, an amendment to the Code of Criminal Procedure was proposed that would deny any access to legal representation for 20 days for those accused of national security crimes, terrorism or corruption. 14 In September 2019, the parliamentary judicial and legal committee accepted the amendment, which has yet to be adopted by the parliament.15 13. Article 14 of the International Covenant on Civil and Political Rights specifies that everyone has the right not to be compelled to testify against oneself or to confess guilt, and article 7 prohibits the use of torture or cruel, inhuman, or degrading treatment. However, as documented in previous reports of the Secretary-General, forced confessions are often used as the basis for convictions. 16 Moreover, they are sometimes broadcast on State television. 17 The reports that legislation has been introduced to the parliament that would prohibit State media and officials from broadcasting confessions during the judicial process are encouraging.18 In its comments on the present report, the Government indicated that, under article 38 of the Constitution and article 578 of the Islamic Penal Code, torture was strictly prohibited. 4. Arbitrary detention of dual and foreign nationals 14. There are persistent concerns about the situation of dual and foreign nationals who remain imprisoned in the Islamic Republic of Iran, as at 12 November, including Kamran Ghaderi, Robert Levinson, Siamak Namazi, Baquer Namazi, Xiyue Wang and Nazanin Zaghari-Ratcliffe. Iranian-Swedish citizen Ahmadreza Djalali, sentenced to death in October 2017 on espionage charges, was reportedly transferred on 29 July 2019 to an unknown location for approximately 10 days before being returned to Evin Prison. During that time, he was reportedly pressured to confess to further allegations. Mr. Djalali, along with other dual and foreign nationals, including Mr. Ghaderi, have been denied medical treatment, notably for life-threatening conditions.19 In its comments on the present report, the Government indicated that all these individuals have been provided access to appropriate medical treatment in prison and, when necessary, outside of prison. It also noted that it had initiated an investigation into the disappearance of Mr. Levinson. 15. Although the authorities released two Australian nationals on 5 October 2019, four new cases of dual or foreign nationals detained in the Islamic Republic of Iran have been 12 13 14 15 16 17 18 19 4 A/HRC/WGAD/2019/33, para. 72. See https://snn.ir/003Gkr (in Farsi). A/74/273, para. 12. See https://rc.majlis.ir/fa/legal_draft/show/1061396 (in Farsi). See A/73/299; A/74/273; and A/HRC/42/40. A/74/273, para. 23. See www.irna.ir/news/83541323/ (in Farsi); https://twitter.com/mah_sadeghi/status/1191325928942649345 (in Farsi); and www.almonitor.com/pulse/originals/2019/11/iran-abolish-confessions-broadcast-state-tv-legislation.html. See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24813&LangID=E; and www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24572&LangID=E.

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