A/HRC/40/24 the Penal Code establishes that a confession alone can be used to base a conviction on, irrespective of other evidence available. 24 Arbitrary arrests and detention of dual and foreign nationals 13. The Secretary-General remains concerned about the situation of imprisoned dual and foreign nationals, including Ahmadreza Djalali, Siamak and Baquer Namazi, Nazanin Zaghari-Ratcliffe, Kamran Ghaderi, Saeed Malekpour, Xiyue Wang, Nizar Zakka and Robert Levinson. In its comments, the Government denied that Mr. Levinson was detained and stated it had initiated an investigation in line with the legal obligations of the Islamic Republic of Iran. The Government also noted that the other aforementioned individuals were being held on charges related to national security. In recent opinions of the Working Group on Arbitrary Detention, a pattern has been noted of targeting dual 25 and foreign26 nationals for detention, as well as a related pattern of violations of due process. 27 The Working Group found that several of the aforementioned individuals, including Ahmadreza Djalali who has been sentenced to death, had been arbitrarily detained, and it called for their immediate release.28 Situation of members of ethnic and religious minorities 14. Discrimination on the basis of religion is codified in law. Unrecognized religious minorities do not have the right to equal qisas or diya29 and the testimony of a non-Muslim against a Muslim is not admissible in court. 30 Members of minorities reportedly constitute the majority of political prisoners and a disproportionate percentage of persons executed on political and national security-related charges.31 15. In September 2018, three Kurdish prisoners, Zanyar and Loghman Moradi and Ramin Hossein Panahi, were executed despite serious concerns that they had not received fair trials and had reportedly been tortured in detention. 32 Concerns have also been raised about the situation of Hedayat Abdollapour, whose death sentence was upheld by the Supreme Court in October 2018 amidst reports that he had been subjected to torture in detention and had been denied access to his legal counsel of choice. In its comments, the Government stated that these individuals had been sentenced to death in relation to acts against national security. 16. Concerns have also been raised about the fate and whereabouts of eight Gonabadi dervishes who allegedly held a sit-in protest in August 2018 at Great Tehran Penitentiary and were subsequently detained.33 17. In early July 2018, 80 persons from the Azerbaijani Turkish community were reportedly detained or summoned by security forces in the context of an annual celebration in East Azerbaijan Province. 34 Most have been released, amidst reports that they were subjected to ill-treatment. In August, 40 persons from the community were arrested in connection with another gathering in the city of Meshgin Shahr in Ardabil Province, amidst reports of the use of excessive force by security forces. They were subsequently released. 35 23 24 25 26 27 28 29 30 31 32 33 34 35 Penal Code, arts. 168–169. Ibid., art. 171; and Code of Criminal Procedure, art. 194. Opinion No. 49/2017, para. 44. Opinion No. 52/2018, para. 82. Ibid., para. 86. See opinions No. 52/2018, No. 92/2017, No. 49/2017, No. 7/2017, No. 50/2016 and No. 28/2016. Penal Code. Ibid., arts. 176 and 177 (c). See https://ipa.united4iran.org/en/prisoner/ and A/HRC/37/68. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23512&LangID=E. See https://iranhumanrights.org/2018/10/great-tehran-penitentiary-imposes-information-blackout-oneight-sufi-detainees-held-in-solitary-confinement/. See www.amnesty.org/download/Documents/MDE1388892018ENGLISH.PDF. Ibid. 5