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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