A/HRC/37/68/Add.1
in the event of the defence’s inability to afford a lawyer , to appoint a lawyer. According to
Note 1 of this Article, the presence of appointed lawyers is mandatory at the hearing. In
addition, before the trial, the lawyer should have the opportunity to study the case and prepare
a defense bill. If the abovementioned provisions are not complied with in the case, the
judgment given in the Supreme Court shall be void.
The use of the term "arbitrary detention" in this paragraph is in fact unconstructive and
inappropriate, since compliance with the provisions of the Criminal Procedure Law is based on
the rules for the issuing of arrest warrants at the investigation stage and the principles of fair
trial in the stages of hearings and appeals and in case required, retrials are stipulated by law.
The Supreme Court guarantees observance of all the legal requirements and any deviation and
breach of law shall be met with legal consequences. Sends the branch to the same address.
Therefore, the allegation on arbitrary arrests is completely groundless. In addition, in
accordance with Articles 9 and 10 of the law on respect for legitimate liberties and protection
of citizenship rights, any natural or legal person can file a complaint on arbitrary detention or
torture to central secretariats of Provincial Agencies for the Supervision of the Good Law
Enforcement of Citizenship Law, for the required investigation.
Reply to paragraphs 60 and 61
In these paragraphs, false allegations are raised in relation with lawyers in Iran, without
mentioning a source, which is a matter of serious regret and due to the lack of mentioning the
details and they are not verifiable. This is despite the fact that in Iran, ordinary laws, including
criminal procedure, civil procedure and regulatory rules, have protected the independence of
judges and lawyers at all stages of proceedings, including at hearing, appeal or final stages.
Also, lawyers have full independence in Iran and any alleged violation of law by them, shall be
dealt by Bar Association, with an experience of more than 90 years. Therefore, the allegation
on the violation of the rights of lawyers and the possibility of pressure on them is in vain. In
practice, in accordance with the previous procedure, each accused person introduces his lawyer
to the judicial authorities.
Similarly, according to the Article 348, in the crimes under subject A, B, C, D (Article 302) of
the hearing court, the session may not meet in absence of defendant's lawyer. If the defendant
himself does not appoint a lawyer or his lawyer does not appear in court without a valid
excuse, the appointment of a lawyer is mandatory. If the lawyer is not present at the hearing
without a justified excuse, the court shall dismiss him or her, and shall appoint another
attorney. In addition, in the new criminal procedure law (date of execution22 May, 2015), full
respect for the rights of the accused at all stages of investigation and trial, until the enforcement
of the sentence (before and after trial). The legislator has emphasized the issue of access to the
lawyer of choice by the accused, implementation of which is entrusted to judges. In the course
of investigations and then proceedings, no torture and arbitrary action is possible and the
judges of each case are obliged to issue appropriate writs of attachment at the investigation
stage. Any judgment should be issued with full attention to the arguments of the parties to a
case.
Reply to paragraph 62
The Islamic Republic of Iran welcomes the Special Rapporteur’s attention to
developments realized in the field of women's rights and participation. The Iranian government
has adopted many of the major human rights instruments, including the Universal Declaration
of Human Rights, the Covenants, the Convention on the Rights of the Child, the Convention on
the Rights of Persons with Disabilities and a number of their optional protocols, including the
rights of women and girls. In addition, domestic laws, including the Constitution, the Civil
Code and the Islamic Penal Code, the Family Protection Act, and many other laws, also deal
with sensitivity, the issue of protecting women and children. There are many other measures to
promote women's rights. In addition to incorporating provisions on women's rights in the
Citizens' Rights Bill, the President has established the post of Deputy President for Women and
Family Affairs, which further indicates the Government's commitment to promote and protecte
women's rights. In addition to the presence of women in high-ranking positions of the
Government, such as the deputy and assistant to the president, ambassadorship and the deputy
minister of petroleum, the number of women in the posts of the governorate has also increased
as the introduction of the flow of political empowerment.
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