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II. Recommendations

To the Office of the Leader 3

On Unlawful Arrest and Detention 

  • Release all individuals currently deprived of their liberty for peacefully exercising their rights to free expression, opinion, and association; 
  • Abolish the use of prolonged solitary confinement;
  •  Ensure that all persons deprived of their liberty receive family visits, and inform families about the location and status of their family members in detention;
  • Revoke the authority of the Ministry of Intelligence, the judicial authority, and the armed forces (including the Islamic Revolutionary Guard Corps) over any civilian prisons or detention centers.

On Torture and Ill-Treatment

  • Investigate promptly all complaints of  torture and ill-treatment;
  • Respond quickly to complaints of ill-treatment, and ensure that prisoners have access to medical care on a regular basis;
  • Ensure that guards, interrogators and other detention facility officials who are responsible for the abuse of prisoners are subjected to disciplinary measures or criminal prosecution as appropriate;
  • Ensure that all interrogators wear identifying badges with their names and identification numbers, and all individuals involved in interrogations should be seen by the prisoner.

On Administration of Justice

  • Ensure that all detainees are brought before a judge and informed of the charges against them within 24 hours of their detention, as required by Iran’s constitution
  • Ensure that all detainees have access to counsel and are able to meet with their attorneys in confidence;
  • Ensure that all trials are conducted in public in accordance with article 14 of the ICCPR;
  • Ensure that meetings with judges are held only in the presence of counsel;
  • Order an independent investigation into the use of Ansar-e Hizbollah (partisans of the party of God) and Basij (militia) to arrest, search, harass, beat, and interrogate persons targeted for criticizing the government;
  • Suspend judges who order the use of these forces for such purposes;
  • Investigate and prosecute plainclothes agents and militia engaged in attacks against peaceful protesters and activists during November 2002 protests, June and July 2003 protests, and similar incidents; 
  • Follow up on the recommendations of the parliamentary Article 90 Commission: including investigation and prosecution of officials accused of violating the law.
  • Reform the penal code so that vaguely-worded crimes such as “activities against national security,” “public disturbance,” and “cooperating with foreign entities” can no longer be used to punish persons for exercising their rights to free expression and association. 

To the Guardian Council

  • Approve ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, which has already been passed twice by the Parliament.

To the European Union

  • Use further sessions of the EU-Iran Human Rights Dialogue to develop performance and time-based benchmarks with respect to  ending practices documented in this report;
  • Urge Iranian authorities to release those currently held in detention for the peaceful expression of their views;
  • Urge Iranian authorities to follow up on the recommendations of the Working Group on Arbitrary Detention and the Special Rapporteur on Freedom of Opinion and Expression following their visits to Iran.

To the Special Rapporteur on Torture and Cruel and Inhuman Punishment

  • Request an urgent visit to Iran, noting that Iran issued a standing invitation to UN thematic mechanisms in 2002;
  • Following up on the relevant findings of the Working Group on Arbitrary Detention as well as the Special Rapporteur on the Freedom of Opinion and Expression, monitor closely the systematic use of solitary confinement as a form of torture and cruel and inhuman punishment.

[3] In this report, Ayatollah Ali Khamenei is referred to as the “Leader,” which is a direct translation of his most common title in Farsi, “Rahbar.”  His position is also called Vali-e Faqih, which is “the Jurist Ruler,” which is a reference to the theory of rule enshrined in Iran’s Constitution, placing the most significant aspects of governance in the hands of one individual who is seen as the leader of the faithful on earth.

<<previous  |  index  |  next>>June 2004