A/HRC/25/61 95. Reports received by the Special Rapporteur continue to detail cases of frequent infringement of the rule of law established by national laws and international standards, resulting in the arbitrary detention of hundreds of individuals peacefully exercising rights guaranteed by the above-mentioned treaties. The violation of the rights and guidelines enshrined in the Constitution, the Law on Respecting Legitimate Freedoms and Protecting Citizens’ Rights and the Criminal Procedure has also apparently resulted in the psychological and physical torture of persons for the purposes of extorting information that is reportedly used as evidence in court, the basis for convictions and the application of lengthy or capital sentences. 96. Most of the said violations are reportedly committed during pretrial detention or court sessions. The Special Rapporteur therefore urges the Government of the Islamic Republic of Iran to consider the following recommendations: (a) To facilitate the unconditional release of individuals imprisoned for exercising peacefully their rights to expression, association, assembly, belief and religion; (b) To strengthen fair trial safeguards by ensuring access to legal counsel during all phases of pretrial detention and the investigative stage of cases, including during interrogation and arraignment, and allow for legal counsel to advise the accused during these proceedings; (c) To improve access of legal counsel to all files containing evidence against the accused; (d) To investigate all allegations of mistreatment and/or psychological and physical torture, and to prosecute the parties responsible; (e) To prevent the intimidation of lawyers, including threats of detention and prosecution for discharging their ethical and professional responsibilities, including when submitting client grievances and addressing international and national media on their client’s behalf, which should be possible without fear of prosecution under national security and defamation laws; (f) To prohibit capital punishment for juveniles and for crimes that do not meet the most serious crimes standards under international law, including for drug offences and perceived sexual offences. 22

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