A/HRC/37/68/Add.1
the presentation of an individual opinion, the subject is not answerable and verifiable. It
should be noted that the Islamic Republic of Iran, both in law and in practice, has provided the
guarantees necessary for full compliance with the standards of fair trial, as set forth in the new
Criminal Procedure Code (Date of Execution: 22 May 2015 ) in which the legislator
emphasizes on respect for the rights of the accused during all stages of the investigation,
investigation and trial until the execution of the sentence (before and after the trial), including
the timely access of the accused to his/her selected lawyer. And the implementation of this law
is the duty of all judges and there is no torture or arbitrary action in the investigation and
during proceedings; and judges of each case are required to issue appropriate provisions at the
investigation stage and then to issue a sentence with proportional punishment, on the basis of
the contents of the case full consideration of the argumentation of the parties. Therefore,
allegation for arbitrary arrest is not substantiated. Adoption and implementation of the "Law on
respect for legitimate freedoms and Protect for citizenship rights" and other laws and
regulations of the country ensures non-extrajudicial and arbitrary arrest and in practice all
judicial authorities are required to carry out any detention or arrest only on the basis of the laws
and in a clear and transparent manner. In doing otherwise and contrary to the legal provisions,
the breaker of the law shall face the legal consequences in accordance with Section 10 of the
article of the above-mentioned law ;and the method of action is such that in addition to the
supervision of the Head of the Judiciary, through its "National Human Rights Law
Enforcement Agencies", located throughout the country, any natural or legal person can file a
lawsuit or report to the Secretariats of the Central or Provincial Agencies regarding the
allegation of extrajudicial and arbitrary arrest and disappearance, for careful and thorough
review of the cases.
Reply to paragraph 59
Despite the rigorous information presented in response to the previous report of the
Rapporteur, in particular with regard to those alleged individuals, against which clear and
detailed information was provided, unfortunately, in the present draft report, the same
allegations are raise again without the possibility of verifying them. Obviously, the inclusion of
this large volume of undocumented allegations and incorrect prejudices in the Draft Report
reduces the value of the report and makes it irrelevant. In the present reply, ample information
is provided on the absence of torture and the supervision of prisons, and also on the method of
investigation and prosecution revolutionary courts.
Firstly, as detailed below, in the Revolutionary Court, as in all other courts, the rules of
procedure are respected and the rights of the defendants are guaranteed. Moreover, given the
specific nature of this court and the handling of drug offenses, and the frequent
acknowledgment of official and international statistics that the vast majority of executions are
related to drug offenses, it is evident that the role of this court in issuing relevant rulings is
bolder in comparison with other courts. For emphasis, the manner of treatment with drug
offenses in these courts and its fair trials, including the presence of a lawyer, the number of
judges and the number of investigative authorities, further details shall hereunder be presented.
Accordingly, it is necessary to correct the prejudices contained in this paragraph.
All courts are based in the judicial system of the country, even the Supreme Court, are required
to comply with the provisions of the Criminal Procedure Code. In the first chapter of section 3,
the legislator has defined the organization and jurisdiction of the criminal courts, and Article
294 has divided the criminal courts into criminal court one, criminal court two, Revolutionary
Court, court of juveniles and Military Courts. The Revolutionary Court, in accordance with
Article 297, is established to deal with important crimes found in the law, with the presence of
the judge and two mentors, and also meets for the investigation of non-important crimes at the
presence of judge or a supervisor. The Note under the Article states that the provisions of the
criminal procedure 1, as set forth in this law, are in force in the Revolutionary Courts, in cases
when it is reviewed by a plurality of judges. It should be noted that according to Article 303,
the legislator has given the Revolutionary Court the assignment of dealing with offences
including all drug-related crimes, psychotropic substances and drug precursors. Thus, it is
observed that trials of the Revolutionary Courts are similar to other courts and in accordance
with the law and all the rights of the defendants are guaranteed.
As for the fair trial and the requirement for the presence of a lawyer in the Revolutionary
Court, it should be mentioned that by explicit stipulation of Article 22 of the Code of Conduct
on Amendments to the Law on Counter Narcotics and the Verdict on the Unity of the general
board of the Supreme Court, as well as the Uniform Article adopted by the Expediency
Council of 1991, the court is obliged to inform the accused of all crimes committed, for which
the law has stipulated life imprisonment or execution, in order to adopt their own lawyer, and
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