A/HRC/16/75
and giving interviews to domestic and international media. Mr. Panahi was arrested in
March 2010 and charged with collusion and propaganda against the system.42
H.
Lack of right to due process
39.
The right to a fair trial is a key element of human rights protection and serves as a
procedural means to safeguard the rule of law. The International Covenant on Civil and
Political Rights, of which the Islamic Republic of Iran is a party, stipulates under article 14
a series of due process and fair trial guarantees, including the right of all persons to a fair
and public hearing by a competent, independent and impartial tribunal established by law.
Many fair trial safeguards are provided for in the Constitution and the country’s legal
framework. Concerns were raised throughout the year by the High Commissioner and
special procedures mandate holders about the procedural guarantees being observed in
relation to trials of Government opponents. The formation of a special court inside Evin
prison for political and security cases has increased concerns about due process rights for
detainees. For instance, during preliminary investigations, judges only receive information
from intelligence officers; suspects’ lawyers are not entitled to meet with their clients, and
judges have to work in an environment that is under the oversight of the Ministry of
Intelligence.
40.
Special procedures mandate holders issued several communications to the Iranian
authorities in a variety of cases that suggested widespread lack of the right to due process
and the failure to respect the rights of detainees. Particular concerns were expressed at
routine practice of incommunicado detention, use of torture and ill-treatment in detention,
use of solitary confinement and detention of individuals without charge. Concerns were
also expressed in public about the fact that people sentenced to death often do not have
access to legal representation and their families and lawyers are not even informed of the
execution. Although article 35 of the Constitution requires all courts to hold hearings and
sessions in the presence of defence counsel and considers judgements issued without the
presence of a defence attorney null and void, in practice many defendants are denied this
core right. Article 128 of the code of criminal procedures narrows down this constitutional
guarantee by giving judges the discretionary authority to exclude counsel from hearings on
sentencing in sensitive cases, or to allow counsel to be present but not to speak until the end
of proceedings. Reports received further suggest the use of confession extracted through
coercive methods being admitted in court proceedings and the setting of disproportionately
high bail payments for the release of detainees.
III.
Cooperation with international human rights mechanisms
and the Office of the United Nations High Commissioner for
Human Rights
A.
Universal periodic review
41.
The Islamic Republic of Iran was considered under the universal periodic review
process on 15 February 2010, and the final review outcome (A/HRC/14/12) was adopted by
the Human Rights Council on 10 June 2010.43 A total of 188 recommendations were made,
of which the State fully accepted 123, partly accepted 3, rejected 46 and took note of the
42
43
See www.isna.ir/isna/newsview.aspx?id=news-1691741&lang=p and
www.isna.ir/isna/newsview.aspx?id=news-1677747&lang=p.
Human Rights Council decision 14/111.
13
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