CCPR/C/IRN/CO/3
detainees who have been held on the basis of general and blanket arrest warrants, in
the absence of evidence.
18.
The Committee is concerned about the average length of pretrial detention periods,
and the absence in article 33 of the Code of Criminal Procedure of a limit to the amount of
time a court can order somebody to remain in detention by law enforcement officers. The
Committee is also concerned about reports that individuals are held in incommunicado
detention in unacknowledged detention centres (arts. 7 and 9).
The State party should take all necessary measures to ensure that pretrial
detention is not excessively long in law and in practice, particularly through
independent judicial supervision and prompt access to lawyers, in full compliance
with article 9 of the Covenant. The State party should also take immediate steps to
eliminate incommunicado detention, taking due care to ensure compliance in practice.
19.
The Committee is concerned about poor conditions in detention facilities, in
particular in Evin Prison, sections 350, 2A, 209 and 240. It is also concerned about the use
of solitary confinement, unreasonable limits on family visits, and the reported denial of
medical treatment to many prisoners in Ward 350/Correctional Facility 3 of Evin Prison
(arts. 7 and 10).
The State party should take immediate steps to establish a system of regular
and genuinely independent monitoring of places of detention, and ensure that
conditions of detention conform to articles 7 and 10 of the Covenant, and to the United
Nations Standard Minimum Rules for Treatment of Prisoners. It should also
systematically include human rights training as a standard component of curricula,
covering the topics of the prohibition of torture, effective interrogation techniques,
conditions of detention and the treatment of detainees, in the training of law
enforcement, prison and judicial officials.
20.
The Committee is concerned about the persistent trafficking in women and children,
particularly young girls from rural areas, often facilitated by temporary marriages (siqeh)
(art. 8).
The State party should take steps to combat and prevent the trafficking and
sale of persons under 18 years of age. The State party is also requested to provide the
Committee in its next periodic report with statistics, on an annual basis, on the
number of arrests and convictions under the 2004 law to combat trafficking.
21.
The Committee is deeply concerned about the frequent violations of fair trial
guarantees provided for under the Covenant, especially in the Revolutionary Courts and the
Evin Prison Court. It is also concerned about the invocation by judicial officials of the
mahdoor-ol-dam (deserving of death) definition in their rulings (arts. 14 and 6).
The State party should ensure that all legal proceedings are conducted in full
accordance with article 14 of the Covenant, including guaranteeing (a) the right to
legal assistance of one’s own choosing, including for pretrial detainees; (b) the right to
be informed promptly of the nature and cause of the criminal charges; (c) the
intervention and presence of lawyers in all cases, including during the investigation
stage; (d) the presumption of innocence; (e) the right to a public hearing; and (f) the
right to appeal a ruling. The State party should remove the mahdoor-ol-dam
(deserving of death) definition, applied to victims, so as to ensure that perpetrators
are prosecuted and brought to justice for their crimes. The Committee reminds the
State party of its general comment No. 32 (2007) on the right to equality before courts
and tribunals and to a fair trial.
22.
The Committee is concerned that the independence of the judiciary is not fully
guaranteed and is compromised by undue pressure from the Executive power, including the
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