A/HRC/22/56
with the seizure of their property if the journalist persisted with her work (see annex I,
paragraphs 15 to 17).
C.
Human rights defenders
19.
Interviews suggest that human rights defenders continue to be subjected to
harassment, arrest, interrogation and torture and are frequently charged with vaguely defined
national security crimes. A preponderant number of human rights defenders interviewed for
the present report maintained that they had been arrested without a warrant and subjected to
physical and psychological duress during interrogations aimed at securing a signed (and
televised) confession. A majority of the interviewees reported that they had been kept in
solitary confinement for periods ranging from one day to almost a year, were denied access to
legal counsel of their choice, subjected to unfair trials or, in some cases, subjected to severe
physical torture, rape (both of males and females, by both male and female officials), electric
shock, hanging by the hands or arms and/or forced body contortion.
20.
The Special Rapporteur continues to share the concerns of the International Bar
Association with regard to the erosion of the independence of the legal profession and the
Bar Association in the Islamic Republic of Iran.19 Legislative action such as the approval of
the Bill of Formal Attorneyship, which increases Government supervision over the Iranian
Bar Association, is a case in point. The Special Rapporteur is also further concerned at article
187 of the Law of the Third Economic, Social and Cultural Development Plan, which led to
the establishment of a parallel body of lawyers known as “legal advisers to the judiciary”.
While the law has seemingly increased the number of legal professionals in the country partly
through a simpler licensing process, the judiciary ultimately controls the licensing process of
all above-mentioned legal advisers. The Special Rapporteur also received reports about the
revocation of the licenses of legal advisers after they represented prisoners of conscience.
21.
Furthermore, the Law on Conditions for Obtaining an Attorney’s License allows Bar
members to elect members of their Board of Directors, but requires the Supreme Disciplinary
Court for Judges, a body under the judiciary’s authority, to confer with the Ministry of
Intelligence, the Revolutionary Court and the police to vet potential candidates for its Board.
Some Iranian lawyers reported that, in practice, candidates who represented human rights
defenders had been prohibited from seeking Board membership as a result.
D.
Torture
22.
The Special Rapporteur expressed concern at reports of the widespread use of torture
in his report submitted to the General Assembly.20 He reported that 78 per cent of individuals
who reported violations of their due process rights also stated that they had been beaten
during interrogations for the purpose of soliciting confessions, that their reports of torture and
ill-treatment were ignored by judicial authorities and that their coerced confessions were used
against them, despite these complaints.
23.
In response to the above-mentioned report, the Government of the Islamic Republic of
Iran stated that the allegations of torture used in the country were baseless, since State laws
forbid the use of torture and the use of evidence solicited under duress. The Special
19
20
International Bar Association, “Iran: IBA concern over access to justice and independence of the legal
profession”, 11 October 2007 (available from
www.ibanet.org/Article/Detail.aspx?ArticleUid=8281ffa3-1ce7-4976-a93d-e488cc0fa333).
A/67/369.
7
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