A/HRC/31/69
I. Introduction
1.
In his report to the Human Rights Council at its twenty-second session
(A/HRC/22/56), the Special Rapporteur on the situation of human rights in the Islamic
Republic of Iran focused primarily on laws and procedures that governed the administration
of justice in the country. He joined the Human Rights Committee in expressing concern
about aspects of the country’s legal framework that undermined national and international
principles on fair trial standards, including concerns about access to legal assistance of
one’s own choosing, the right to a public hearing before an independent judiciary that
presumed the innocence of the accused and protections for juvenile offenders. He echoed
the Committee’s recommendation that the Government reconsider legal provisions that
dictate criminal procedure (CCPR/C/IRN/CO/3), recommended that the Government reexamine its use of capital punishment and urged it to halt executions for crimes not
considered the “most serious”, such as drug-related offences.
2.
The Special Rapporteur observed a number of positive measures during the
reporting period that addressed some of these concerns, including the adoption of
amendments to the country’s Islamic Penal Code and Criminal Procedure Code. He also
continued to observe progress in the national discussions aimed at examining the country’s
use of the death penalty and the need to reconsider this practice. However, a number of
other pressing issues in the Islamic Penal Code and Criminal Procedure Code remain
unaddressed, including the Government’s use of capital punishment, which continues to
surge at a staggering rate. It is also important to note that amendments to these laws do not
always apply to individuals who are accused of “national security crimes” for the legitimate
and peaceful exercise of fundamental rights, including the rights to freedom of expression,
opinion, belief, assembly and association.
3.
Aspects of other laws and practices also continue to undermine or violate national
and international human rights obligations of the Islamic Republic of Iran, and the Special
Rapporteur notes that there is draft legislation currently under consideration that appears to
expand State influence over the legal community, the media and civil society organizations,
or that will further negate national and international guarantees governing freedom of
expression, association and assembly.
4.
The adverse effects of these laws and practices could be observed in reports that
continued to emanate from the country in 2015 and 2016 about ongoing arrests of human
rights defenders, lawyers, journalists and religious and ethnic minorities, accompanied by
both open letters and confidential communications about torture and violations of fair trial
standards.
A.
Cooperation with the Government
5.
The Special Rapporteur wishes to highlight the Government’s increased engagement
with the special procedures of the Human Rights Council through dialogue with
representatives of his mandate, and by way of invitations to visit the country granted in
2015 to the Special Rapporteur on the right to food and the Special Rapporteur on the
negative impact of unilateral and coercive measures on the enjoyment of human rights. The
Special Rapporteur urges the Government to also consider facilitating his recurring
requests, made since 2011, for visits to the country and/or to consider requests forwarded
since 2002 by the Special Rapporteur on the independence of judges and lawyers; the
Special Rapporteur on extrajudicial, summary or arbitrary executions; the Special
Rapporteur on freedom of religion or belief; the Special Rapporteur on minority issues; and
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