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Completed the 1st iteration of the Iran wiki
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==Rights of the Accused==
==Rights of the Accused==


<li> '''Right Against Unlawful Arrests, Searches and Seizures:'''
<li> '''Presumption of innocence:'''


Warrants are required for an arrest
Article 37 of the Iranian Constitution says that innocence is the basic principle. No person is considered legally guilty, except in cases where his guilt is established in a competent court.


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<li>'''Right Against Unlawful Detention:'''
<li>'''Right to defense:'''
"Police legally may detain persons for 48 hours without charging them with a crime, and police generally observed this time limit in practice.” After which point, the right to be brought before a judge is constitutionally binding. Moreover, there is a procedure in place for a detainee to request the court to decide the lawfulness of their detention, and remedy their rights should the court decide they were falsely detained.
Article 3 of the “Citizenship Rights Law” (2004) clearly required courts and prosecution offices to respect the right of the accused to a defense and to provide the accused with the services of a defense attorney.  


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<li>'''Right Not to be Tortured or Ill-Treated:'''
<li>'''Right to counsel:'''
Those accused can bring about human rights lawsuits should they face a human rights violation, including torture or ill-treatment, while accused. This is in line with Article 8 of the Andorran constitution which “recognises the right to life and protection thereof, forbids torture and other cruel, inhuman or degrading punishments and explicitly forbids the death penalty.” The Human Rights Practices Country Report of 2022 found that there were no reports of torture or ill-treatment employed by government officials.xv Indeed, historically the Report to the Andorran Government on the visit to Andorra carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment found that anyone accused in Andorra would “run little risk of being ill-treated” in 1998
Article 35 of the Iranian Constitution explicitly states that both parties in a lawsuit have the right to select an attorney, and if they cannot afford one, arrangements must be made to provide legal counsel according to the Center for Human Rights in Iran. Article 185 of the Islamic Penal Code protects rights to an attorney.
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<br>
 
<li>'''Right to Medical Care:'''
Article 24 of the Andorran Criminal Code highlights that the notification of custody document given to all detainees will also express their rights and reasons for detention:
 
These include: a right to immediately notify a third party; access to legal counsel (either of your own choosing or through government-provided support); and access to medical care (from forensic doctors for free or an individual’s own doctor at their expense)


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<li>'''Right to a fair trial:'''
<li>'''Right to be Informed of Charges:'''
Article 34 Constitution states that everyone may refer to the competent courts in search of justice.
 
Article 36 Constitution says that a sentence to punishment and its execution must only be by the decision of a competent court, and by virtue of law.
The right to be informed of charges is a constitutional right in Andorra. The notification of charges and custody documents are provided in multiple languages (including: Catalan, Catalan-Spanish, Catalan-French and Catalan-English)
Judges are appointed based on ideology rather than legal training.
 
<br>
<br>
<li>'''Right to Presumption of Innocence:'''
The right to Presumption of innocence is a constitutional right in Andorra.


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<li>'''Right Against Self-Incrimination:'''
<li>'''Temporary detention (only with evidence):'''


The right against self-incrimination is a constitutional right in Andorra.  
Article 5 of the “Citizenship Rights Law” (2004) forbids arbitrary detention of individuals. Officials must also provide the family of the detainee with information. 


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<li>'''Confession without coercion:'''  
<li>'''Right to Counsel and Effective Assistance:'''
Article 37 Constitution prevents use of torture to obtain information.
 
Article 169 Islamic Penal Code: Any confession made under duress, coercion, torture, and/or mental or physical harassment and molestation shall have no value and credit; and the court shall interrogate the accused, again.  
Article 10 of the constitution states that: “All persons shall have the right to counsel and the technical assistance of a competent lawyer, to trial within a reasonable time.” Unconstitutional for detainees to not have access to lawyers for long periods (24 hours as was previous practice).There is access to both choosing your own lawyer or using one provided by the authorities which comes at the moment of an individual’s arrest.
 
Since 2014, Andorra benefitted from the Judicial Assistance and Mediation Service which provides free, individualised legal advice to the accused.


<br>
<br>
<br>
<br>
<li>'''Right to Due Process:'''


The right to due process is a constitutional right in Andorra.
<li>'''Qesās (Retaliation):''' retribution where victim or family members can demand similar punishments


<br>
<br>
<br>
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<li>'''Civil rights upheld:'''
<li>'''Right to Equal Protection of the Laws:'''
Article 39 Constitution protects the arrested person’s dignity and respect.
 
Right Against Unlawful Arrests, Searches, Seizures, and Unlawful Detention
“All persons are equal before the law. No one may be discriminated against on grounds of birth, race, sex, origin, religion, opinions or any other personal or social condition.
Article 32 Constitution states that no person may be arrested except according to and in the manner laid down in the law. If someone is detained, the subject matter of the charge, with reasons (for bringing it), must immediately be communicated and explained in writing to the accused. Within at most 24 hours the file on the case and preliminary documentation must be referred to the competent legal authority.  
 
<br>
<br>
<br>
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<li>'''Right to Bail:'''
There are bail procedures in place.


<li>'''Right Not to be Tortured or Ill-Treated:'''
Article 37 Constitution prevents use of torture to obtain information.
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<li>'''Right Against Ex Post Facto Prosecution:'''
<li>'''Right to Medical Care:'''
 
Article 495 of the Iranian Penal Code states that a physician is responsible for "diyah" (blood money) if their treatment results in harm to a patient, unless the treatment was medically and technically sound and the physician was not at fault, according to the International Academic Institute for Science and Technology.
No one shall be held criminally or administratively liable on account of any acts or omissions which were lawful at the time when they were committed.
 
<br>
<br>
 
<li>'''Right Against Double Jeopardy:'''
 
Judgments, once final, have the value of res judicata and may not be modified or quashed except in the cases provided for by the law or when, in exceptional cases, the Tribunal Constitucional, after the corresponding process of Constitutional appeal, decides that they were rendered in violation of certain fundamental rights.
 
 
 
<br>
<br>
 
<li>'''Right to a Fair Trial:'''
 
<ul><li>Generally:
 
“All persons shall have the right to jurisdiction and to have a ruling founded in the law, and to a due trial before an impartial tribunal established by law.”
 
 
<li>Right to a Trial by Jury:
 
Trials are public, and defendants can request a jury.
 
 
<li>Right to a Speedy Trial:
 
“All persons shall have the right […] to trial within a reasonable time”
 
Provisional detention before a trial must not exceed four months, though a judge can extend this period with good reason, as long as the duration of detention is less than half of the maximum penalty of the offense ordered. The Andorran Country Report on Human Rights Practices for 2022, defined the pace of their justice system as “slow” due to a lack of human resources, with the average pre-trial detention period being 498 days - significantly beyond the legally stipulated period.
 
 
<li>Right to an Impartial Judge:
 
All persons shall have the right to jurisdiction and to have a ruling founded in the law, and to a due trial before an impartial tribunal established by law.</ul>
 
 
<li>'''Right to Language Interpretation:'''
 
If the defendant does not understand the language in which he is being questioned, the bailiff must ask for an interpreter, to whom he must take an oath in legal form, so that he faithfully fulfils his mission.
 
<br>
<br>
<li>'''Right to Habeas Corpus:'''
 
All persons have the right to liberty and security and shall only be deprived of them on such grounds and in accordance with such procedures as are established in the Constitution and the laws.
 
Executive detention shall take no longer than the time needed to carry out the enquiries in relation to the clarification of the case, and in all cases the detained shall be brought before the judge within 48 hours.
 
The law shall establish a procedure so that the detained may request the court to decide about the lawfulness of the detention. Likewise the law shall establish the procedure to restore the impaired fundamental rights of any person under detention.  
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<li>'''Capital Punishment:'''
 
"The death penalty is prohibited"
 
<br>
<br>
<li>'''Right to Appeal:'''
 
“All persons shall have the right […] to appeal in criminal causes”


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==Rights of Counsel==
==Rights of Counsel==


When representing a client charged and detained with a crime, Counsel have the right to meet privately with them for a period of up to 30 minutes, as well as attend any client interrogations. During interrogations, they also have the right to intervene to protect and advise their client.
<li>'''Right to Provide Representation:'''<br>
 
Guaranteed by article 35 of the Constitution.
Legal Counsel has access to all relevant information. At the point of trial, counsel are given a minimum warning of 15 days before proceedings begin to prepare any evidence to support their case.  
<br><br>
 
<li>'''Right of Access to the Client:'''<br>
<br>
Investigators can block the presence of trial attorneys during interrogations, according to Article 128 of the Code of Criminal Procedure (1999). Some also use the note under this article to refuse to accept a retainer letter from an attorney.
 
<br><br>
==Means of Protecting and Enforcing Rights==
<li>'''Right to Information:'''<br>
Trial attorneys are at times unable to accompany their clients through the criminal investigation of their case, and also not able to read the case and prepare motions and defenses on their behalf.
<br><br>
<li>'''Right to Confidential Communication with the Client:'''<br>
Investigators can refuse to accept a retainer letter from an attorney, thereby denying confidential communications.
<br><br>


'''Exclusionary Rule:'''
==Means of Protecting or Enforcing Rights==


No evidence obtained, directly or indirectly, in violation of fundamental rights or freedoms is effective.
<li>'''Exclusionary Rule:'''<br>
While Iran does not have explicit exclusionary rule that automatically excludes any evidence obtained illegally, there exists protection against using coercion and torture for extracting confession or information (Article 38 of Iranian Constitution).
<br><br>
<li>'''Nullity of Procedure:'''<br>
Nullity can occur when a court's actions or decisions contravene established legal principles, such as the principle of legality (crimes and punishments must be defined by law) or the principle of due process (fair trial guarantees).<br><br>
Failing to properly notify the accused, not allowing them to present a defense, or conducting a trial in an unconstitutional manner, can lead to nullity.<br><br>
If the court lacks the legal authority (jurisdiction) to hear a case, any proceedings conducted by that court are null and void.
<br><br>
<li>'''Contempt:'''<br>
In case of contempt of the court (noncompliance with the court's order), the judge may for the first time add up to a half of the period set forth in the writ to the term of the postponement or enter a conviction sentence (Article 44 of Islamic Penal Code)<br><br>
Should a convict, whose punishment has reprieved, be in contempt of the court by not complying with the court orders, without plausible excuse, the court entering the final sentence may, at the request of the public prosecutor or sentence enforcement judge, add to the period of reprieve one to two years, for the first time, or revoke the stay of execution writ. Contempt of the court (noncompliance with the court order) for the second time will result in setting aside the stay of execution writ and enforcement of punishment (Article 50 Islamic Penal Code)
<br><br>
<li>'''Civil Actions:'''<br>
The incarceration alternatives constitute probation period, unpaid public services, pecuniary penalty, daily pecuniary penalty and civil disability, which will be determined and enforced in case of remission by the complainant and existence of extenuating circumstances (Article 53 Islamic Penal Code)<br><br>
There shall be no civil liability in the instances where perpetration of felony is not attributed to the action of any person, such as when it occurs out of natural disaster causes (Article 500 Islamic Penal Code)
<br><br>


'''Nullity of Procedure:'''
==Pre-trial Procedures==


The court may agree to the definitive/provisional dismissal of a case: in either total or partial form.
<li>'''Initiation of proceedings:'''<br>
 
Cases can be initiated through prosecutorial or investigatory action by judicial authorities in performing legal duties such as summoning, arresting, interrogating.<br><br>
Dismissal is final when:
Complaints for certain forgettable ta'zir offenses must be made within one year from when the victim becomes aware of the offense.
 
<br><br>
<li>It is clear that the crime has not been committed
<li>'''Arrest, Search and Seizure Laws:'''<br>
 
Limited information on stop-and-frisk<br><br>
<li>When the proven fact does not constitute crime
Arrests can only be made with warrants. Detaining individuals without proper authority can mean 1-3 years imprisonment or fines.<br><br>
 
Pre-trial detention is counted towards the sentence. There are cases marked by allegations of torture and due process violations, and lack of access to lawyer.<br><br>
<li>When those prosecuted appear exempt from criminal liability</li>  
Procurators may supervise private bank accounts with approval of the head of the judicial district (lowered from provincial approval requirements). Once imprisoned, inmates are thoroughly searched, particularly for drugs, with body scanners and strip searches conducted.<br><br>
 
No specific lineup procedures
<br><br>
 
<li>'''Interrogation:'''<br>
Dismissal is provisional when:
Prosecution or interrogation action is a measure taken by judicial authorities in carrying out a legally provided function such as summoning, arresting, interrogating, hearing witnesses and informants statements, making offense scene investigations or inspection and letters rogatory (Article 105 Islamic Penal Code).<br><br>
 
Generally conducted under the supervision of a prosecutor and other judicial authority.<br><br>
<li>The summary procedure does not provide enough evidence to demonstrate a crime being committed
Investigators can gather evidence, question witnesses, and take other actions to uncover a crime. No torture allowed.<br><br>
 
During interrogation, accused have the right to silence and have an advocate.
<li>After verifying the criminal act, there is no indication of who the perpetrators, accomplices, or accessories after the fact.
<br><br>
 
<li>When, after the crime has been committed, the defendant’s dementia or a serious health condition prevents them from appearing and exercising their right of defence, until his health is recovered.</li>
 
The final judgment is irrevocable and leaves the judgement firmly closed.
<br>
The provisional dismissal leaves the summary proceedings open until the appearance of new information or proof, except in the case of prescription.  
<br>
In the case of temporary suspension or termination of the criminal action due to the death of the defendant, the goods/money acquired via the criminal act may be confiscated according to Article 70 of the Code of Criminal Procedure. For this reason, the proceedings must continue with heirs/legal representatives of the defendant, who are civilly responsible with regard to the goods subject to confiscation, unless they renounce ownership.
<br>
If the Public Prosecutor's Office requests dismissal and there has been no establishment of a private prosecution, the court must agree that the public prosecutor's claim be made known to the people who may be interested in pursuing the criminal action so that within the period of 15 days they can exercise it if they consider it appropriate; if they do not, the court agrees to the dismissal
<br>
In the event that there is already an action in private accusation, or an action pursued in the merits of what is provided in the previous paragraph, the term of 15 days must be given to formulate the letter requesting the opening of the trial orally and in the same written form formulate the provisional qualification of the facts and propose the evidence that he intends to rely on. The lack of presentation within the mentioned term leads to the withdrawal of the criminal action and the civil action in the criminal process.  
 
<br>
<br>
'''Civil Actions:'''
<br>
 
Plaintiffs may bring lawsuits seeking damages for, or cessation of, a human rights violation. Individuals and organisations may appeal domestic decisions to the European Court of Human Rights (ECHR). The national ombudsman serves to protect and defend basic rights and public freedom on behalf of citizens.
<br>
The Civil Procedure Code provides for two classes of procedures: ordinary and abbreviated. The law also regulates other special procedures, such as injunctions, summary guardianship, leases, employment, family or modification of capacity, and affects the common rules for related processes to the person and the family.  
 
<li>Ordinary:
 
Ordinary procedure is the standard procedure for substantiating matters of an amount equal to/greater than 20000€, those of an undetermined amount and those that have not been designated a special procedure.
 
Structured with a written phase which begins with a demand, followed by the notification and the answer, a preliminary hearing, and an oral trial
 
<li>Abbreviated:
 
A procedure determined by reason of the matter or the amount for processes governed by special procedure, those without a specific procedure, and claims of up to 20000€.
 
The procedure begins with a phase of written allegations, an oral trial, and a sentence - which is subject to appeal if the claim amounts to more than 1.500€
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<br>
==Pre-Trial Procedure==
 
'''Police procedures'''
 
<li>''Arrest, Search and Seizure Laws:''
 
The police are obliged to arrest those who try to commit a crime; criminals caught in an act of criminality; those who escape prison; and those they reasonably believe responsible for a crime.  
 
Formal search warrants must be granted by a magistrate, and there should be an attending court clerk who is responsible for listing any goods appropriated during a warrant (unless there is an urgent reason why this cannot occur) at a crime scene or place of arrest, overseeing the search.
 
All persons of interest should be questioned but cannot be searched without prior consent unless the court has authorized their search. Based on this, the use of firearms at the point of arrest in Andorra is only lawful should there be a threat of imminent danger or life.
 
 
<li>''Interrogation:''
 
The use of interrogation rooms was recommended by the CPT committee in 2011 and have been used since. This allows for interrogations to be recorded, with tapes being held for a period of up to four months.xlix Should a defendant need an interpreter the Andorran Justice Administration must provide them with one free of charge to the defendant in any interrogation.
<br>
<br>


==Court Procedures==
==Court Procedures==


<li>'''Pre-Trial:'''
<li>'''Pre-Trial: preliminary investigation:'''<br>
 
“Preliminary investigation” is the collection of investigative actions taken for the purpose of discovery of the crime, preserving the evidence of the commission of crime, as well as pursuing the accused from the issuance of the warrant order until his submission to judicial officials. These are usually confidential and in writing. This process aims to collect the reasons and documents of the crime, prevent the flight or conspiring of the accused and the issuance of a preliminary judicial opinion on the guilt or innocence of the accused. (Article 19 of Code of Criminal Procedure)<br><br>
Criminal action can only be brought through a written complaint, subject to certain procedural requirements outlined in the Article. Once the complaint is filed, it can be admitted/rejected depending on whether the facts may or may not constitute a crime.
The case investigator can only start a “preliminary investigation” for collecting evidence of a crime and issuing a judicial opinion if he is given permission to do so. (conditions outlined in section d, article 3 of the Law of Formation of the General and Revolutionary Courts)<br><br>
<br>
The formal charges would create cases, which proceed through prosecution court. Murder and rape charges tried by Criminal Courts, while security-related charges, corruption, and drug trafficking processed by Revolutionary Courts.<br><br>
When factual elements in the certificate, complaint, or dispute cannot determine the nature or circumstances of the crime, the people who participated, or the appropriate procedure, the court must initiate preliminary proceedings and report to the Fiscal Ministry - this must be carried out in a swift manner. This process is not necessary if it is perfectly clear or unclear that the facts constitute a crime.  
Prosecution court issues summons to defendant explaining charges and attendance date/time, usually followed by "temporary arrest" proceedings
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<br><br>
Criminal offenses are tried by the Unipersonal Court of the Batlle. Those summoned to court are warned at least 15 days in advance. The trial is public and begins with the reading of the complaint or grounds.
<li>'''Temporary detention:'''<br>
 
Usually, the accused is summoned or placed in detention. However, they do have specific rights that security officers must respect.<br><br>
The defendant’s previous convictions, personality, and medical/psychiatric state are all taken into account. The court informs the defendant of their rights, and the defendant has an obligation to mention or ratify the appointment of a lawyer - otherwise, the lawyer on duty acts. The statement is taken with the lawyer in attendance.
Arbitrary detention of individuals is forbidden, according to article 5 of the citizenship law passed in May of 2004. Officials must also provide the family of the detainee with information. If the accused is not arrested by the order and demand of a judicial official, they cannot be kept in prison for more than 24 hours without an investigation order being issued (Article 123 of the Criminal Code of Procedure). Temporary detention orders can only be issued for specific cases including murder, kidnapping, spilling acid on someone, or possibility of feeling (Articles 35 and 132 of Iranian Criminal Code of Procedure). If issued, they cannot be held for more than two months based on the majority of charges and four months for very specific charges (Article 3 of law of the Formation of the Public and Revolutionary Courts). In political/press related charges, the investigator on the case has the authority to keep the accused in the detention center of the Ministry of Intelligence for up to four months (Article 20 of the Law of the Formation of the Public and Revolutionary Courts).
<br>
<br><br>
The court can summon any person as a witness, whether a citizen or a foreigner. If the witness refuses to appear or testify, this may constitute a criminal offense.  
<li>'''Interrogation:'''<br>
<br>
The nature of their crime and connection with international human rights organizations can influence the interrogation team’s behavior.<br><br>
One or two qualified experts may be appointed in cases where scientific or artistic knowledge is required.  
Cases of solitary confinement, lack of access to hygienic services, use of blindfolds, inappropriate behavior of interrogation teams, bans on fresh air, and refusal to allow phone conversations reflect the use of psychological torture in Iranian prisons.
 
<br><br>
The battle must strive to collect all the right elements to be able to establish, if applicable, the imputability of the crime to the accused and to determine guilt or innocence. When the proceedings result in some rational indication of criminality against a certain person, a warrant of prosecution must be issued. The prosecutor then has the option to either request the opening of the oral trial or to dismiss the case.
<br>
<br>
<li>'''Oral Trial:'''
 
Trials are public, the defendant will be present and able to request a jury.  
 
Core aspects of the process:
 
<ul><li>The defendant is invited to explain themselves regarding the facts they are accused of  
 
<li>Witnesses must appear or testify. Expert evidence is admitted by the court if it can contribute to clarification of the facts. The trial is concluded by the President if parties do not want to modify their provisional conclusions</ul>
<br>
<li>'''Sentencing:'''


Andorran sentencing procedure is found in chapters three and four of their penal code.
==Trial==
 
Perpetrators of any completed offense will be sentenced to the full penalty of their complete offense as is provided in law (Article 52), unless they were provoked, in which case, their sentence is reduced (Article 54). Attempted crimes also have reduced sentences (Article 54).
<br>
The minimum custodial sentence in Andorra is three months. Should a perpetrator be sentenced for a crime in which the prison sentence amounts to a period of less than three months, they will instead serve a non-custodial sentence (Article 55).
<br>
Perpetrators will serve simultaneous sentences for a single offense, and successive sentences should they have committed several offenses - as long as the successive sum does not exceed 25 years (or 30 should one of the crimes committed have a maximum sentence of 20 years attached to it). (Article 58).
<br>
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<li>'''Appeals:'''
<br>
<ul><li>Appeals against the resolutions of the battles in the pretrial stage:


Pertains to appeals against the various resolutions that the court makes in the pre-trial stage (e.g., agreeing to find proceedings, denying prosecution, etc.). Appeals must be lodged before the President of the Court of Appeals within five days of the notification of the relevant decision.  
'''Nature of the Trial:'''<br>
All cases are tried in a specific court depending on the nature of the accusation, the location of the commission of the alleged crime, and the characteristics of the accused.<br><br>
Article 168 of the Iranian constitution states that political crimes must be tried in an “open” and “public court” in the presence of a “jury.” Authorities can use the absence of “political crime” as an excuse to deny defendants of a public trial.<br><br>
Article 5 of the Law of Formation of Public and Revolutionary courts says that political prisoners are tried in “revolutionary court” without jury. Court sessions typically last a few minutes long. Heads ask questions about name, personal identification, and statement of charges as formalities.<br><br>
'''Defendant:'''<br>
Protected if a defense attorney is present.<br><br>
'''Lawyers:'''<br>
At the court's beginning, the prosecutor representative must read the indictment of the accused and defend its content. In political/press related cases, a representative of the prosecutor is usually an intelligence employee of the revolutionary prosecution office who may have played a role in the interrogation of the accused during the preliminary investigation.<br><br>
Defense attorneys can defend their clients both verbally and in writing.<br><br>
'''Expert Witnesses:'''<br>
Where a witness does not have the requisite conditions prescribed by the divine law, her/his statements will be heard. It is for the court to determine the extent of effect and value of those statements as judicial presumption on the judge’s knowledge of facts (Article 176 of Islamic Penal Code)<br><br>
Under divine law, a witness must have the following conditions (Article 177 Constitution)<br>
<li>a. Maturity; b. Sanity; c. Faithfulness; d. Virtuousness; e. Legitimacy by birth; f. Lack of interest in the subject matter of testimony; g. Lack of hostility against the parties or either party; h. Non-engagement in beggary; i. Not being a vagabond.<br><br>
Where a witness was a discerning minor when witnessing the facts subject matter of testimony, but reaches the full age at the time of giving evidence, her/his testimony shall be valid (Article 179)<br><br>
Contradictory witness testimony will be considered invalid (Article 182)<br><br>
If witness cannot be present in person, evidence shall be valid in writing, live audio-video and/or recorded forms, upon establishing that the requisites are met, and that the attribution is verified (Article 186)<br><br>
Challenge of a witness constitutes asseveration regarding lack of one of the qualification requisites prescribed by the divine law for a witness; and verification means giving evidence confirming that the qualification requisites laid down by the divine law for a witness are met (Article 191).<br><br>
'''Judges:'''<br>
Court verdict must be well-founded and documented. The judge must mention both the basis of his reasoning as well as the legal scripture and articles on which his sentence is based when issuing his opinion (Article 166 of the Constitution and Article 9 of the Law of Formation of the Public and Revolutionary Court).<br><br>
'''Victims:'''<br>
Where there is a number of victims of an offense, prosecution will commence upon lodging a complaint by each of them, but abatement of prosecution and proceeding, and reprieve of execution of punishment shall be subject to remission by all complainants (Article 102 Islamic Penal Code)<br><br>
Should the victim of the offense fail to complain within the period of one year from the date he or she became aware of perpetration of the offense, he or she will lose the right to lodge a criminal complaint (Article 102 Islamic Penal Code)<br><br>
Victims have the following rights within the criminal justice system:<br>
<li>May submit certified copies or images of evidence to the prosecutor to be included in the case file.<br>
<li>Can file civil claims for damages in court before trial concludes.<br>
<li>To be heard and participate in judicial proceedings, though no control over the outcome of the case.<br>
<li>Seek compensation, influence the prosecution of the offender.<br>
<li>Seek solutions that are more restorative than retaliatory.<br><br>


<li>Appeals against the resolutions of the tribunal in the oral trial:
==Sentencing==


The appeal is decided by the Court of Appeal </ul>
The report is signed by the accused and attorney at the end of the court session. The judge must issue a verdict within a week’s time (Article 17 of the Law of Formation of Public and Revolutionary Courts).<br><br>
In practice, suspending the investigation of political/press related cases is a matter of security in the hands of the administration. It can put the individual in a passive position, unable to take decisive actions.<br><br>
A court verdict must be officially handed down to the accused and/or his attorneys. The handing down of the verdict is an important matter, because it determines the limited period for appealing the verdict.<br><br>
Exception: for political/press related cases, a verdict is not handed down because authorities fear anti-human rights retribution.
<br><br>


The appeal is decided by the Court of Appeal and needs to be filed to the prosecutor's office (Fiscal Ministry) within 15 days. The hearing is in public but for an exception granted by the court. Deliberations of the court are secret, and a resolution is adopted by a majority. The Court cannot aggravate an appealed decision unless it was the appellants' express request.
==Appeals:==


<br>
The intention of the accused in requesting an appeal of his sentence stems from his belief that the initial sentence is unnecessarily high. However, in the framework of the Iranian criminal system, appealing an initial sentence may potentially increase its length. According to Shi’a jurisprudence governing Iran’s criminal justice system, if the first verdict is not in accordance with the teachings of Sharia law, a harsher punishment may be issued by the appeal court.<br><br>
If an individual wants to appeal their temporary detention status, they must submit the request to the Court of Appeal of that province within 10 days. If the court finds the objection valid, it will cancel the decision for temporary detention. (Article 33 of Criminal Procedure Code).<br><br>
The deadline for requesting an appeal for people residing in Iran is 20 days, and for people residing out of the country, they have 2 months after the date of notification or the running of the time in which s/he can appeal (Article 236 of Criminal Procedure Code).<br><br>
Appellate courts generally summon the accused to a hearing before issuing a decision.<br><br>
'''Reasons for appeal (Article 240 of Criminal Procedure Code):'''<br>
<li>A- Claiming that the documents referred to by the court were invalid, or the lack of legality in the testimonies of the witnesses, or there were false statements made by the witnesses.<br>
<li>B- Claiming that the sentence is against the law.<br>
<li>C- Claiming that the judge did not pay attention to the expressed reasons.<br>
<li>D- Claiming the judge or issuing court is incompetent<br><br>
'''Right to Counsel:'''<br>
Guaranteed by Iranian Constitution<br><br>
Under new Criminal Procedure Code, lawyers must be pre-approved by the Head of the Judiciary for security related cases<br><br>
'''Ineffective Assistance of Counsel:'''<br>
Restrictions surrounding the security cases prevent lawyers from accessing case files and the accused during investigation. This can last for weeks or even months. There are also cases where lawyers are denied attendance at the hearing session, and prosecuted for taking on politically sensitive cases.<br><br>
Lawyers lack independence, since the judiciary system can label some as more trustworthy than others for security cases.<br><br>
'''Other Grounds for Appeal:'''<br>
The sentences issued by Public and Revolutionary Courts on Criminal Affairs are definite and can be appealed only in the following cases:<br>
<li>A- Crimes for which the legal punishment is execution or stoning.<br>
<li>B- Crimes subject to a fixed penalty or retribution and similar instances.<br>
<li>C- Confiscation of properties valued more than Rials 1,000,000 (about US$ 1,000).<br>
<li>D- Crimes for which the sentence is to pay blood money in an amount more than one fifth of complete blood money.<br>
<li>E- Crimes for which the maximum legal punishment is more than three months, imprisonment or whipping or fines more than Rials 500,000 (about US$ 500).<br>
<li>F- Sentences of dismissal from service.<br><br>
'''Collateral Remedies (Habeas etc…):'''<br>
The government has an obligation to compensate the defendant for damages and offset the losses of innocent accused. However, there is a lack of compensation for unjustified detention (Penal Code of 2014).
<br><br>


==Rights in Prison==
==Rights in Prison==


<li>'''Right to Humane Conditions of Confinement:'''<br>
Basic necessities outlined in the Constitution for all citizens include: housing, food, clothing, hygiene, medical treatment, education, and the necessary facilities for the establishment of a family.
<br><br>
<li>'''Immigrant’s Rights in Detention:'''<br>
Studies show that immigrant defendants living in Iran, including Afghans, Pakistanis, Indians, Arabs and Tanzanians, experience significant obstacles in the criminal process. There is a lack of laws and provisions assigned for immigrants in different stages of proceedings.
<br><br>
<li>'''Right to Medical Care in Prison:'''<br>
The judge may consider the defendant’s medical services to suspend performance of public service temporarily, or propose an alternative punishment to the sentence issued in court (Islamic Penal Code Article 84).<br><br>
If a physician causes death/body injury while treating the defendant, they would be liable to pay wergild (Islamic Penal Code Article 495).<br><br>
Amnesty International issued a report documenting the denial of medical care in Iran’s prisons. The report details denial of specialized medical care outside prison, intentional interruption or discontinuation of treatments, denial of release on medical grounds, withholding medication, and gender-specific abuses.
<br><br>
<li>'''Right to Mental Health Care:'''<br>
At present, Iran has no laws that specifically address mental health. However, the civil law, the Islamic penal code, a jurisdiction act, a set of safeguarding measures from 1960, family protection law and a law permitting payment of wages to psychiatric patients do help to protect different aspects of the rights of psychiatric patients.
<br><br>
<li>'''Rights of Special Populations:'''<br>
'''Women'''<br><br>
'''LGBT Prisoners'''<br>
Iran Human Rights considers the Islamic Penal Code to be the main cause of violence against the LGBT community because it sets flogging and the death penalty for homosexual relations.<br><br>
Fixed punishment is set for sodomy, where the “active” party will be sentenced to death if they used force or rape. The “passive” party will be sentenced to death regardless of marital status (Article 234 Islamic Penal Code)<br><br>
'''Mentally Ill Prisoners'''<br>
Where at the time of committing an offense the perpetrator suffered from mental disorder in such manner that he or she lacked the volition and power of discernment, he or she will be deemed insane, and shall have no criminal liability (Islamic Penal Code Article 149)<br><br>
'''Juveniles'''<br>
If the minor commits the offense at age 9-15 years, the court will make one of the decisions:<br>
<li>Hand over to the parents or guardians and asking them to chastise/train the minor to adopt good conduct<br><br>
If the minor was of age 15-18, the following punishments will be executed:<br>
<li>a.Detention in the reformatory for the period of two to five years in respect of the offenses the statutorily prescribed punishments of which are the first to the fifth degree discretionary punishments<br>
<li>b.Detention in the reformatory for the period of one to three year(s) in respect of the offenses the statutorily prescribed punishment of which is the fourth degree discretionary punishment<br>
<li>c.Detention in the reformatory for the period of three months to one year, or pecuniary penalty from ten million (10,000,000) Rials to forty million (40,000,000) Rials, or performance of one hundred and eighty to seven hundred and twenty hours of unpaid public services in respect of the offenses the statutorily prescribed punishments of which is the fifth degree discretionary punishment<br>
<li>d.Payment of pecuniary penalty from one million (1,000,000) Rials to ten million (10,000,000) Rials, or performance of sixty to one hundred and eighty hours of unpaid public services in respect of the offenses the statutorily prescribed punishments of which is the sixth degree discretionary punishment<br>
<li>e. Payment of pecuniary penalty up to one million (1,000,000) Rials in respect of the offenses the statutorily prescribed punishments of which are the seventh degree and eighth degree discretionary punishments.<br><br>
Criminal convictions of minors and juveniles create no criminal records (Article 95 Islamic Penal Code)
<br><br>


<li>'''Right to Humane Conditions of Confinement:'''
==Resources==
 
- "Law of the Formation of the Public and Revolutionary Courts", legal-tools.org (2009), https://www.legal-tools.org/doc/f9f706/pdf/
The La Comella Prison Centre in Andorra de Vella is the only prison in Andorra. It is a purpose-built building that opened in 2005 with an official capacity of 123. The right to privacy of detainees is upheld with solid doors to cells and the option to be confined individually or with someone else.
 
During winter months, detainees have outdoor recreational access for four hours daily, which is increased by an hour during summer. As well as indoor common rooms, equipped with board games and books. There is an activities coordinator at the prison who hosts well-attended sessions in various areas.
<br>
Employment opportunities are paid and come mostly from assistance in general prison services, as well as from external contracts for prisoners to work for companies to expand revenues of income generation. La Comella prison also offers educational opportunities, employing a full-time, on-site teacher. There is virtual access to virtual higher education platforms available for prisoners to continue their education.
<br>
Visitations can occur in both open environments and those in closed visiting rooms. Since there is only one prison in Andorra, families who live far away from the prison can contact their incarcerated loved one via Skype conferencing. 
 
<br>
<br>
 
<li>'''Right to Medical Care in Prison:'''
 
La Comella Prison Centre has an infirmary and since 2015, the Andorran Health Care Service has held responsibility for the health of prisoners. There are attending doctors as well as a nursing team, who are available on-call should there be an emergency outside of working hours. Should prisoners require specialized care, they are transferred to the Nostra Senyora Hospital where there are two secure rooms which can be guarded by prison personnel.  Additionally, the hospital’s addiction treatment services are made available to prisoners suffering from addictions - including the administration of methadone.
 
<br>
<br>
<li>'''Right to Mental Health Care:'''
 
La Comella Prison has an attending psychiatrist and psychologist, however, it is recommended by the CPD that their hours be doubled to meet the needs of every prisoner requiring mental health support.
<br>
<br>
<li>'''Restriction of rights:'''
 
Sanctioned prisoners have the right to appeal this in court. Sanctions range in severity and include:


<ul><li>Solitary confinement (which was used six times in 2017, for no period exceeding seven days - the law restricts this period to 14 days);
- "The Islamic Penal Code of Iran", Iran Human Rights Documentation Center (2014), https://iranhrdc.org/wp-content/uploads/pdf_en/Iranian_Codes/Iran_Criminal_Code_English_143233623.pdf


<li>Visiting rights and telephone restrictions;
- "Islamic Penal Code", UNODC SHERLOC (2013), https://sherloc.unodc.org/cld/uploads/res/islamic-penal-code_html/Islamic_Penal_Code.pdf


<li>Television restrictions.</li>
- "Administration of criminal justice in Iran", Cambridge University Press (2020), https://www.cambridge.org/core/books/abs/rule-of-law-in-the-islamic-republic-of-iran/administration-of-criminal-justice-in-iran/6E3EBEB82AEAEA21BE1A1C93E7661AA7


A doctor is required to determine if a prisoner is mentally fit to handle solitary confinement, and if allowed, a prison nurse will visit isolated prisoners daily to ensure their well-being.</ul>
- "Criminal Procedure Law of Iran", Iran Best Lawyer (n.d.), https://www.iranbestlawyer.com/criminal-procedure-law-of-iran/#:~:text=Article%2015,adherence%20to%20civil%20procedure%20formalities


<br>
- "The Iranian Mental Health Act", US National Library of Medicine (2017), https://pmc.ncbi.nlm.nih.gov/articles/PMC5618927/
<li>'''Rights of Special Populations:'''


<ul><li>''Women'':  
- "LGBT-Phobia and the Cruelty of the Islamic Penal Code in Iran", Iran Human Rights (2022), https://iranhr.net/en/articles/4735/


La Comella prison has a specific unit for women (of whom there were five detainees in 2018). Both men and women at La Comella prison have access to the same variety of activities.  
- "Health taken hostage: Cruel denial of medical care in Iran's prisons", Amnesty International (2016), https://www.amnesty.org/ar/wp-content/uploads/2021/05/MDE1341962016ENGLISH.pdf


<li>''Juveniles:''
- "Barriers to Immigrant Defendants' Access to Justice during the Prosecution Phase in Iranian Criminal Justice System", ResearchGate (2024), https://www.researchgate.net/publication/389174119_Barriers_to_Immigrant_Defendants'_Access_to_Justice_during_the_Prosecution_Phase_in_Iranian_Criminal_Justice_System


It is a rarity for a juvenile to be incarcerated in Andorra. Since 2017, no minors have been incarcerated. There are anti-isolation protocols in place, should there be a sole juvenile occupant of the prison.
- "The Right of the Accused to Compensation in the Iranian Criminal Justice System", ResearchGate (2018), https://www.researchgate.net/publication/324730064_The_Right_of_the_Accused_to_Compensation_in_the_Iranian_Criminal_Justice_System#:~:text=In%20the%20Iranian%20criminal%20justice%20system%2C%20the%20right%20to%20compensation,will%20explain%20the%20various
 
Despite this, La Comella prison has a specific unit for up to 10 minors with larger cells than those offered to adult prisoners. Juveniles are afforded a host of recreational and educational resources in the prison centre, these include:  
 
<ul><li>A lounge room with televisions
 
<li>A classroom with computed access
 
<li>A library
 
<li>A room for manual work
 
<li>A gym
 
<li>A leisure room with ping pong tables
 
<li>A spacious courtyard with basketball hoops</li></ul>
 
When minors were last in La Comella, they were required to be in their cells from 2100-0800, with the rest of their day being filled with activities and recreational time.  
 
Minors can be placed under solitary confinement for a maximum of three days at a time. In 2018, the CPT urged this to be prohibited given that Rule 45(2) of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) 2015 and Rule 67 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty both state that minors should not be placed into isolation.</ul>
 
==Resources==


- Andorra, Britannica: https://www.britannica.com/place/Andorra
- "You have the right to an attorney… that we approve of: Right to Counsel under Iran’s new Criminal Procedure Code", Oxford Human Rights Hub (2015), https://ohrh.law.ox.ac.uk/you-have-the-right-to-an-attorney-that-we-approve-of-right-to-counsel-under-irans-new-criminal-procedure-code-2/


- La Coutume d’Andorre, Brutails (1904)  
- "Capital punishment in Iran", Wikipedia (2024), https://en.wikipedia.org/wiki/Capital_punishment_in_Iran


- https://www.justicia.ad/
- "Iran: New compulsory veiling law intensifies oppression of women and girls", Amnesty International (2024), https://www.amnesty.org/en/latest/news/2024/12/iran-new-compulsory-veiling-law-intensifies-oppression-of-women-and-girls/


- CEPEJ Evaluation Report, 2022 Evaluation Cycle. (“CEPEJ Report 2022”) https://rm.coe.int/cepej-fiche-pays-2020-22-e-web/1680a86276
- "Law of the Formation of Public and Revolutionary Courts (2009)", Refworld (2013), https://www.refworld.org/docid/518a19404.html


- Constitution of the Principality of Andorra: https://www.consellgeneral.ad/fitxers/documents/constitucio/const-en
- "Codifying Repression: An Assessment of Iran's New Penal Code", Human Rights Watch (2012), https://www.hrw.org/report/2012/08/28/codifying-repression/assessment-irans-new-penal-code


- Legislative decree of 12-17-2008 publishing the revised text of the Code of Criminal Procedure (“Criminal Procedure Code”) https://www.bopa.ad/Documents/Detall?doc=5845A
- "Justice for Iran", justice4iran.org (2024), https://justice4iran.org/


- CEPEJ Report 2022
- "Iran: New compulsory veiling law intensifies oppression of women and girls", Amnesty International (2024), https://www.amnesty.org/en/latest/news/2024/12/iran-new-compulsory-veiling-law-intensifies-oppression-of-women-and-girls/


- Andorra Factsheet, International Justice Research Centre https://ijrcenter.org/country-factsheets/country-factsheets-europe/andorra-human-rights-factsheet/
- "Islamic Penal Code", UNODC SHERLOC (2013), https://sherloc.unodc.org/cld/uploads/res/islamic-penal-code_html/Islamic_Penal_Code.pdf


- Andorra, Country reports on Human Rights Practices for 2011, Bureau of Democracy, Human Rights and Labor, United States Department of State (“US 2011 Report”) https://2009-2017.state.gov/documents/organization/186534.pdf  
- "The Rule of Law in the Islamic Republic of Iran", University of Essex (2010), https://www1.essex.ac.uk/hri/documents/rule-of-law-in-iran.pdf#:~:text=The%20relevant%20treaty%20to%20which%20Iran%20is,and%20freedom%20of%20association%20under%20Article%2022.&text=This%20is%20a%20clear%20interference%20by%20the%20executive%20in%20judicial%20affairs


- Andorra 2022, Human Rights Report: https://www.state.gov/wp-content/uploads/2023/02/415610_ANDORRA-2022-HUMAN-RIGHTS-REPORT.pdf
- "Legal Support", UNHCR Iran (2024), https://www.unhcr.org/ir/legal-support


- Report to the Andorran Government on the visit to Andorra carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680657674
- "Effectiveness of Legal Aid for Suspects or Defendants in the Iranian Criminal Justice System", International Journal of Educational and Vocational Social Science (2022), https://e-journal.citakonsultindo.or.id/index.php/IJEVSS/article/download/301/304/


- Law 22/2021, of September 17, on the consolidated text of the Code of Civil Procedure (“Civil Procedure Code”)  
- "Iranian Lawyers: Judiciary’s Mandatory List of “Approved” Counsel Sets “Dangerous Precedent”", Iran Human Rights (2018), https://iranhumanrights.org/2018/03/iranian-lawyers-judiciarys-mandatory-list-of-approved-counsel-sets-dangerous-precedent/


- Rapport au Gouvernement d’Andorre relatif à la visite effectuée en Andorre par le Comité européen pour la prévention de la torture et des peines ou traitements inhumains ou dégradants (CPT)
- "Effectiveness of Legal Aid for Suspects or Defendants in the Iranian Criminal Justice System", International Journal of Educational and Vocational Social Science (2022), https://e-journal.citakonsultindo.or.id/index.php/IJEVSS/article/download/301/304/#:~:text=However%2C%20the%20availability%20of%20legal%20aid%20is,support%2C%20exacerbating%20imbalances%20in%20the%20judicial%20process

Revision as of 11:05, 15 July 2025

English
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Legal Resources for Andorra

  • Constitution of the Principality of Andorra [1]


E-Learning Resources


Background

Iran executed at least 975 people in 2024, the highest number since 2015, with serious due process violations including lack of access to lawyers. The key challenge remains that Iran is intensifying its crackdown on human rights lawyers, targeting those who defend protesters and dissidents.


The Legal system

Iran operates under a hybrid system combining Islamic law (Sharia) with civil law traditions, heavily influenced by the 1979 Islamic Revolution

In accordance with the Islamic Penal Code, any act or failure to act for which a punishment has been designated in the laws is a crime. Also, according to Article 2 of the Code of Criminal Procedure, all crimes have a divine aspect. All individuals who have reached the age of maturity designated in Sharia law have complete criminal responsibility and in the case of commission of a crime, will be pursued and punished accordingly. Boys are deemed mature by 15 lunar years and girls 9 lunar years. If a mature person commits a crime, they will be tried based on the Code of Criminal Procedure of the Islamic Republic of Iran.


Legal Aid

State-sponsored legal aid: While the right to counsel is established, the practical availability of free or subsidized legal aid can be limited due to factors like insufficient funding, lack of awareness, and inadequate outreach efforts.

Existing NGOs providing pro bono legal aid

  • UNHCR Iran operates a Legal Services Project with the objective of providing legal assistance to refugees in Iran and resolving disputes through alternative dispute resolution mechanisms.
  • Iranian Bar Associations Union
  • Defenders of Human Rights Center (DHRC)
  • Islamic Human Rights Commission

Number of lawyers: The Iranian Bar Association is estimated to have around 60,000 members. Detailed breakdown between criminal and civil lawyers is unknown.

Human Rights Organizations

Iran Human Rights (IHR): This non-profit, independent organization focuses on building a strong civil society by empowering citizens and promoting human rights as defined by the Universal Declaration of Human Rights. IHR is particularly known for its work on abolishing the death penalty in Iran and monitoring human rights abuses.

Center for Human Rights in Iran (CHRI): Formerly known as the International Campaign for Human Rights in Iran, CHRI is an American non-governmental organization dedicated to promoting human rights in Iran.

Defenders of Human Rights Center (DHRC): Founded in 2001, the DHRC advocates for the rights of women, political prisoners, and minorities in Iran. Its president is Nobel Peace Prize laureate Shirin Ebadi.

Human Rights Activists in Iran (HRAI): This non-political and non-governmental organization aims to promote, safeguard, and sustain human rights in Iran. HRAI monitors human rights violations, disseminates information, and advocates for various human rights, including freedom of speech, association, and press.

Impact Iran: A coalition of 19 non-governmental organizations, Impact Iran works to advocate for human rights and drive positive change in Iran by amplifying the voices of Iranian civil society.

Ahwaz Human Rights Organization: This NGO focuses on defending the human rights of the Ahwazi Arab minority in Iran.


Source of Defendants Rights

National Sources of Defendant’s Rights

  • Iranian Constitution
    • Article 32 states that no person may be arrested except according to and in the manner laid down in the law. If someone is detained, the subject matter of the charge, with reasons (for bringing it), must immediately be communicated and explained in writing to the accused. Within at most 24 hours the file on the case and preliminary documentation must be referred to the competent legal authority.
    • Article 34 states that everyone may refer to the competent courts in search of justice.
    • Article 35 of the Iranian Constitution explicitly states that both parties in a lawsuit have the right to select an attorney, and if they cannot afford one, arrangements must be made to provide legal counsel according to the Center for Human Rights in Iran.
    • Article 36 says that a sentence to punishment and its execution must only be by the decision of a competent court, and by virtue of law.
    • Article 37 says that innocence is the basic principle. No person is considered legally guilty, except in cases where his guilt is established in a competent court.
    • Article 38 prevents use of torture to obtain information.
    • Article 39 protects the arrested person’s dignity and respect.
  • Citizenship Rights Law (2004)
  • Islamic Penal Code (2013)
  • Code of Criminal Procedure of Iran (1999)

    International Sources of defendant’s rights
  • International Covenant on Civil and Political Rights (ICCPR). This treaty, which Iran is a party to, includes guarantees of a fair trial, freedom of expression, and freedom of association.
    • Article 14: Guarantees the right to a fair trial and due process of law.
    • Article 19: Protects freedom of expression.
    • Article 22: Protects freedom of association.
  • Iran has signed but not ratified CAT (Convention Against Torture)

    Rights of the Accused

  • Presumption of innocence: Article 37 of the Iranian Constitution says that innocence is the basic principle. No person is considered legally guilty, except in cases where his guilt is established in a competent court.

  • Right to defense: Article 3 of the “Citizenship Rights Law” (2004) clearly required courts and prosecution offices to respect the right of the accused to a defense and to provide the accused with the services of a defense attorney.

  • Right to counsel: Article 35 of the Iranian Constitution explicitly states that both parties in a lawsuit have the right to select an attorney, and if they cannot afford one, arrangements must be made to provide legal counsel according to the Center for Human Rights in Iran. Article 185 of the Islamic Penal Code protects rights to an attorney.

  • Right to a fair trial: Article 34 Constitution states that everyone may refer to the competent courts in search of justice. Article 36 Constitution says that a sentence to punishment and its execution must only be by the decision of a competent court, and by virtue of law. Judges are appointed based on ideology rather than legal training.

  • Temporary detention (only with evidence): Article 5 of the “Citizenship Rights Law” (2004) forbids arbitrary detention of individuals. Officials must also provide the family of the detainee with information.

  • Confession without coercion: Article 37 Constitution prevents use of torture to obtain information. Article 169 Islamic Penal Code: Any confession made under duress, coercion, torture, and/or mental or physical harassment and molestation shall have no value and credit; and the court shall interrogate the accused, again.

  • Qesās (Retaliation): retribution where victim or family members can demand similar punishments

  • Civil rights upheld: Article 39 Constitution protects the arrested person’s dignity and respect. Right Against Unlawful Arrests, Searches, Seizures, and Unlawful Detention Article 32 Constitution states that no person may be arrested except according to and in the manner laid down in the law. If someone is detained, the subject matter of the charge, with reasons (for bringing it), must immediately be communicated and explained in writing to the accused. Within at most 24 hours the file on the case and preliminary documentation must be referred to the competent legal authority.

  • Right Not to be Tortured or Ill-Treated: Article 37 Constitution prevents use of torture to obtain information.

  • Right to Medical Care: Article 495 of the Iranian Penal Code states that a physician is responsible for "diyah" (blood money) if their treatment results in harm to a patient, unless the treatment was medically and technically sound and the physician was not at fault, according to the International Academic Institute for Science and Technology.

    Rights of Counsel

  • Right to Provide Representation:
    Guaranteed by article 35 of the Constitution.

  • Right of Access to the Client:
    Investigators can block the presence of trial attorneys during interrogations, according to Article 128 of the Code of Criminal Procedure (1999). Some also use the note under this article to refuse to accept a retainer letter from an attorney.

  • Right to Information:
    Trial attorneys are at times unable to accompany their clients through the criminal investigation of their case, and also not able to read the case and prepare motions and defenses on their behalf.

  • Right to Confidential Communication with the Client:
    Investigators can refuse to accept a retainer letter from an attorney, thereby denying confidential communications.

    Means of Protecting or Enforcing Rights

  • Exclusionary Rule:
    While Iran does not have explicit exclusionary rule that automatically excludes any evidence obtained illegally, there exists protection against using coercion and torture for extracting confession or information (Article 38 of Iranian Constitution).

  • Nullity of Procedure:
    Nullity can occur when a court's actions or decisions contravene established legal principles, such as the principle of legality (crimes and punishments must be defined by law) or the principle of due process (fair trial guarantees).

    Failing to properly notify the accused, not allowing them to present a defense, or conducting a trial in an unconstitutional manner, can lead to nullity.

    If the court lacks the legal authority (jurisdiction) to hear a case, any proceedings conducted by that court are null and void.

  • Contempt:
    In case of contempt of the court (noncompliance with the court's order), the judge may for the first time add up to a half of the period set forth in the writ to the term of the postponement or enter a conviction sentence (Article 44 of Islamic Penal Code)

    Should a convict, whose punishment has reprieved, be in contempt of the court by not complying with the court orders, without plausible excuse, the court entering the final sentence may, at the request of the public prosecutor or sentence enforcement judge, add to the period of reprieve one to two years, for the first time, or revoke the stay of execution writ. Contempt of the court (noncompliance with the court order) for the second time will result in setting aside the stay of execution writ and enforcement of punishment (Article 50 Islamic Penal Code)

  • Civil Actions:
    The incarceration alternatives constitute probation period, unpaid public services, pecuniary penalty, daily pecuniary penalty and civil disability, which will be determined and enforced in case of remission by the complainant and existence of extenuating circumstances (Article 53 Islamic Penal Code)

    There shall be no civil liability in the instances where perpetration of felony is not attributed to the action of any person, such as when it occurs out of natural disaster causes (Article 500 Islamic Penal Code)

    Pre-trial Procedures

  • Initiation of proceedings:
    Cases can be initiated through prosecutorial or investigatory action by judicial authorities in performing legal duties such as summoning, arresting, interrogating.

    Complaints for certain forgettable ta'zir offenses must be made within one year from when the victim becomes aware of the offense.

  • Arrest, Search and Seizure Laws:
    Limited information on stop-and-frisk

    Arrests can only be made with warrants. Detaining individuals without proper authority can mean 1-3 years imprisonment or fines.

    Pre-trial detention is counted towards the sentence. There are cases marked by allegations of torture and due process violations, and lack of access to lawyer.

    Procurators may supervise private bank accounts with approval of the head of the judicial district (lowered from provincial approval requirements). Once imprisoned, inmates are thoroughly searched, particularly for drugs, with body scanners and strip searches conducted.

    No specific lineup procedures

  • Interrogation:
    Prosecution or interrogation action is a measure taken by judicial authorities in carrying out a legally provided function such as summoning, arresting, interrogating, hearing witnesses and informants statements, making offense scene investigations or inspection and letters rogatory (Article 105 Islamic Penal Code).

    Generally conducted under the supervision of a prosecutor and other judicial authority.

    Investigators can gather evidence, question witnesses, and take other actions to uncover a crime. No torture allowed.

    During interrogation, accused have the right to silence and have an advocate.

    Court Procedures

  • Pre-Trial: preliminary investigation:
    “Preliminary investigation” is the collection of investigative actions taken for the purpose of discovery of the crime, preserving the evidence of the commission of crime, as well as pursuing the accused from the issuance of the warrant order until his submission to judicial officials. These are usually confidential and in writing. This process aims to collect the reasons and documents of the crime, prevent the flight or conspiring of the accused and the issuance of a preliminary judicial opinion on the guilt or innocence of the accused. (Article 19 of Code of Criminal Procedure)

    The case investigator can only start a “preliminary investigation” for collecting evidence of a crime and issuing a judicial opinion if he is given permission to do so. (conditions outlined in section d, article 3 of the Law of Formation of the General and Revolutionary Courts)

    The formal charges would create cases, which proceed through prosecution court. Murder and rape charges tried by Criminal Courts, while security-related charges, corruption, and drug trafficking processed by Revolutionary Courts.

    Prosecution court issues summons to defendant explaining charges and attendance date/time, usually followed by "temporary arrest" proceedings

  • Temporary detention:
    Usually, the accused is summoned or placed in detention. However, they do have specific rights that security officers must respect.

    Arbitrary detention of individuals is forbidden, according to article 5 of the citizenship law passed in May of 2004. Officials must also provide the family of the detainee with information. If the accused is not arrested by the order and demand of a judicial official, they cannot be kept in prison for more than 24 hours without an investigation order being issued (Article 123 of the Criminal Code of Procedure). Temporary detention orders can only be issued for specific cases including murder, kidnapping, spilling acid on someone, or possibility of feeling (Articles 35 and 132 of Iranian Criminal Code of Procedure). If issued, they cannot be held for more than two months based on the majority of charges and four months for very specific charges (Article 3 of law of the Formation of the Public and Revolutionary Courts). In political/press related charges, the investigator on the case has the authority to keep the accused in the detention center of the Ministry of Intelligence for up to four months (Article 20 of the Law of the Formation of the Public and Revolutionary Courts).

  • Interrogation:
    The nature of their crime and connection with international human rights organizations can influence the interrogation team’s behavior.

    Cases of solitary confinement, lack of access to hygienic services, use of blindfolds, inappropriate behavior of interrogation teams, bans on fresh air, and refusal to allow phone conversations reflect the use of psychological torture in Iranian prisons.

    Trial

    Nature of the Trial:
    All cases are tried in a specific court depending on the nature of the accusation, the location of the commission of the alleged crime, and the characteristics of the accused.

    Article 168 of the Iranian constitution states that political crimes must be tried in an “open” and “public court” in the presence of a “jury.” Authorities can use the absence of “political crime” as an excuse to deny defendants of a public trial.

    Article 5 of the Law of Formation of Public and Revolutionary courts says that political prisoners are tried in “revolutionary court” without jury. Court sessions typically last a few minutes long. Heads ask questions about name, personal identification, and statement of charges as formalities.

    Defendant:
    Protected if a defense attorney is present.

    Lawyers:
    At the court's beginning, the prosecutor representative must read the indictment of the accused and defend its content. In political/press related cases, a representative of the prosecutor is usually an intelligence employee of the revolutionary prosecution office who may have played a role in the interrogation of the accused during the preliminary investigation.

    Defense attorneys can defend their clients both verbally and in writing.

    Expert Witnesses:
    Where a witness does not have the requisite conditions prescribed by the divine law, her/his statements will be heard. It is for the court to determine the extent of effect and value of those statements as judicial presumption on the judge’s knowledge of facts (Article 176 of Islamic Penal Code)

    Under divine law, a witness must have the following conditions (Article 177 Constitution)

  • a. Maturity; b. Sanity; c. Faithfulness; d. Virtuousness; e. Legitimacy by birth; f. Lack of interest in the subject matter of testimony; g. Lack of hostility against the parties or either party; h. Non-engagement in beggary; i. Not being a vagabond.

    Where a witness was a discerning minor when witnessing the facts subject matter of testimony, but reaches the full age at the time of giving evidence, her/his testimony shall be valid (Article 179)

    Contradictory witness testimony will be considered invalid (Article 182)

    If witness cannot be present in person, evidence shall be valid in writing, live audio-video and/or recorded forms, upon establishing that the requisites are met, and that the attribution is verified (Article 186)

    Challenge of a witness constitutes asseveration regarding lack of one of the qualification requisites prescribed by the divine law for a witness; and verification means giving evidence confirming that the qualification requisites laid down by the divine law for a witness are met (Article 191).

    Judges:
    Court verdict must be well-founded and documented. The judge must mention both the basis of his reasoning as well as the legal scripture and articles on which his sentence is based when issuing his opinion (Article 166 of the Constitution and Article 9 of the Law of Formation of the Public and Revolutionary Court).

    Victims:
    Where there is a number of victims of an offense, prosecution will commence upon lodging a complaint by each of them, but abatement of prosecution and proceeding, and reprieve of execution of punishment shall be subject to remission by all complainants (Article 102 Islamic Penal Code)

    Should the victim of the offense fail to complain within the period of one year from the date he or she became aware of perpetration of the offense, he or she will lose the right to lodge a criminal complaint (Article 102 Islamic Penal Code)

    Victims have the following rights within the criminal justice system:
  • May submit certified copies or images of evidence to the prosecutor to be included in the case file.
  • Can file civil claims for damages in court before trial concludes.
  • To be heard and participate in judicial proceedings, though no control over the outcome of the case.
  • Seek compensation, influence the prosecution of the offender.
  • Seek solutions that are more restorative than retaliatory.

    Sentencing

    The report is signed by the accused and attorney at the end of the court session. The judge must issue a verdict within a week’s time (Article 17 of the Law of Formation of Public and Revolutionary Courts).

    In practice, suspending the investigation of political/press related cases is a matter of security in the hands of the administration. It can put the individual in a passive position, unable to take decisive actions.

    A court verdict must be officially handed down to the accused and/or his attorneys. The handing down of the verdict is an important matter, because it determines the limited period for appealing the verdict.

    Exception: for political/press related cases, a verdict is not handed down because authorities fear anti-human rights retribution.

    Appeals:

    The intention of the accused in requesting an appeal of his sentence stems from his belief that the initial sentence is unnecessarily high. However, in the framework of the Iranian criminal system, appealing an initial sentence may potentially increase its length. According to Shi’a jurisprudence governing Iran’s criminal justice system, if the first verdict is not in accordance with the teachings of Sharia law, a harsher punishment may be issued by the appeal court.

    If an individual wants to appeal their temporary detention status, they must submit the request to the Court of Appeal of that province within 10 days. If the court finds the objection valid, it will cancel the decision for temporary detention. (Article 33 of Criminal Procedure Code).

    The deadline for requesting an appeal for people residing in Iran is 20 days, and for people residing out of the country, they have 2 months after the date of notification or the running of the time in which s/he can appeal (Article 236 of Criminal Procedure Code).

    Appellate courts generally summon the accused to a hearing before issuing a decision.

    Reasons for appeal (Article 240 of Criminal Procedure Code):

  • A- Claiming that the documents referred to by the court were invalid, or the lack of legality in the testimonies of the witnesses, or there were false statements made by the witnesses.
  • B- Claiming that the sentence is against the law.
  • C- Claiming that the judge did not pay attention to the expressed reasons.
  • D- Claiming the judge or issuing court is incompetent

    Right to Counsel:
    Guaranteed by Iranian Constitution

    Under new Criminal Procedure Code, lawyers must be pre-approved by the Head of the Judiciary for security related cases

    Ineffective Assistance of Counsel:
    Restrictions surrounding the security cases prevent lawyers from accessing case files and the accused during investigation. This can last for weeks or even months. There are also cases where lawyers are denied attendance at the hearing session, and prosecuted for taking on politically sensitive cases.

    Lawyers lack independence, since the judiciary system can label some as more trustworthy than others for security cases.

    Other Grounds for Appeal:
    The sentences issued by Public and Revolutionary Courts on Criminal Affairs are definite and can be appealed only in the following cases:
  • A- Crimes for which the legal punishment is execution or stoning.
  • B- Crimes subject to a fixed penalty or retribution and similar instances.
  • C- Confiscation of properties valued more than Rials 1,000,000 (about US$ 1,000).
  • D- Crimes for which the sentence is to pay blood money in an amount more than one fifth of complete blood money.
  • E- Crimes for which the maximum legal punishment is more than three months, imprisonment or whipping or fines more than Rials 500,000 (about US$ 500).
  • F- Sentences of dismissal from service.

    Collateral Remedies (Habeas etc…):
    The government has an obligation to compensate the defendant for damages and offset the losses of innocent accused. However, there is a lack of compensation for unjustified detention (Penal Code of 2014).

    Rights in Prison

  • Right to Humane Conditions of Confinement:
    Basic necessities outlined in the Constitution for all citizens include: housing, food, clothing, hygiene, medical treatment, education, and the necessary facilities for the establishment of a family.

  • Immigrant’s Rights in Detention:
    Studies show that immigrant defendants living in Iran, including Afghans, Pakistanis, Indians, Arabs and Tanzanians, experience significant obstacles in the criminal process. There is a lack of laws and provisions assigned for immigrants in different stages of proceedings.

  • Right to Medical Care in Prison:
    The judge may consider the defendant’s medical services to suspend performance of public service temporarily, or propose an alternative punishment to the sentence issued in court (Islamic Penal Code Article 84).

    If a physician causes death/body injury while treating the defendant, they would be liable to pay wergild (Islamic Penal Code Article 495).

    Amnesty International issued a report documenting the denial of medical care in Iran’s prisons. The report details denial of specialized medical care outside prison, intentional interruption or discontinuation of treatments, denial of release on medical grounds, withholding medication, and gender-specific abuses.

  • Right to Mental Health Care:
    At present, Iran has no laws that specifically address mental health. However, the civil law, the Islamic penal code, a jurisdiction act, a set of safeguarding measures from 1960, family protection law and a law permitting payment of wages to psychiatric patients do help to protect different aspects of the rights of psychiatric patients.

  • Rights of Special Populations:
    Women

    LGBT Prisoners
    Iran Human Rights considers the Islamic Penal Code to be the main cause of violence against the LGBT community because it sets flogging and the death penalty for homosexual relations.

    Fixed punishment is set for sodomy, where the “active” party will be sentenced to death if they used force or rape. The “passive” party will be sentenced to death regardless of marital status (Article 234 Islamic Penal Code)

    Mentally Ill Prisoners
    Where at the time of committing an offense the perpetrator suffered from mental disorder in such manner that he or she lacked the volition and power of discernment, he or she will be deemed insane, and shall have no criminal liability (Islamic Penal Code Article 149)

    Juveniles
    If the minor commits the offense at age 9-15 years, the court will make one of the decisions:
  • Hand over to the parents or guardians and asking them to chastise/train the minor to adopt good conduct

    If the minor was of age 15-18, the following punishments will be executed:
  • a.Detention in the reformatory for the period of two to five years in respect of the offenses the statutorily prescribed punishments of which are the first to the fifth degree discretionary punishments
  • b.Detention in the reformatory for the period of one to three year(s) in respect of the offenses the statutorily prescribed punishment of which is the fourth degree discretionary punishment
  • c.Detention in the reformatory for the period of three months to one year, or pecuniary penalty from ten million (10,000,000) Rials to forty million (40,000,000) Rials, or performance of one hundred and eighty to seven hundred and twenty hours of unpaid public services in respect of the offenses the statutorily prescribed punishments of which is the fifth degree discretionary punishment
  • d.Payment of pecuniary penalty from one million (1,000,000) Rials to ten million (10,000,000) Rials, or performance of sixty to one hundred and eighty hours of unpaid public services in respect of the offenses the statutorily prescribed punishments of which is the sixth degree discretionary punishment
  • e. Payment of pecuniary penalty up to one million (1,000,000) Rials in respect of the offenses the statutorily prescribed punishments of which are the seventh degree and eighth degree discretionary punishments.

    Criminal convictions of minors and juveniles create no criminal records (Article 95 Islamic Penal Code)

    Resources

    - "Law of the Formation of the Public and Revolutionary Courts", legal-tools.org (2009), https://www.legal-tools.org/doc/f9f706/pdf/

    - "The Islamic Penal Code of Iran", Iran Human Rights Documentation Center (2014), https://iranhrdc.org/wp-content/uploads/pdf_en/Iranian_Codes/Iran_Criminal_Code_English_143233623.pdf

    - "Islamic Penal Code", UNODC SHERLOC (2013), https://sherloc.unodc.org/cld/uploads/res/islamic-penal-code_html/Islamic_Penal_Code.pdf

    - "Administration of criminal justice in Iran", Cambridge University Press (2020), https://www.cambridge.org/core/books/abs/rule-of-law-in-the-islamic-republic-of-iran/administration-of-criminal-justice-in-iran/6E3EBEB82AEAEA21BE1A1C93E7661AA7

    - "Criminal Procedure Law of Iran", Iran Best Lawyer (n.d.), https://www.iranbestlawyer.com/criminal-procedure-law-of-iran/#:~:text=Article%2015,adherence%20to%20civil%20procedure%20formalities

    - "The Iranian Mental Health Act", US National Library of Medicine (2017), https://pmc.ncbi.nlm.nih.gov/articles/PMC5618927/

    - "LGBT-Phobia and the Cruelty of the Islamic Penal Code in Iran", Iran Human Rights (2022), https://iranhr.net/en/articles/4735/

    - "Health taken hostage: Cruel denial of medical care in Iran's prisons", Amnesty International (2016), https://www.amnesty.org/ar/wp-content/uploads/2021/05/MDE1341962016ENGLISH.pdf

    - "Barriers to Immigrant Defendants' Access to Justice during the Prosecution Phase in Iranian Criminal Justice System", ResearchGate (2024), https://www.researchgate.net/publication/389174119_Barriers_to_Immigrant_Defendants'_Access_to_Justice_during_the_Prosecution_Phase_in_Iranian_Criminal_Justice_System

    - "The Right of the Accused to Compensation in the Iranian Criminal Justice System", ResearchGate (2018), https://www.researchgate.net/publication/324730064_The_Right_of_the_Accused_to_Compensation_in_the_Iranian_Criminal_Justice_System#:~:text=In%20the%20Iranian%20criminal%20justice%20system%2C%20the%20right%20to%20compensation,will%20explain%20the%20various

    - "You have the right to an attorney… that we approve of: Right to Counsel under Iran’s new Criminal Procedure Code", Oxford Human Rights Hub (2015), https://ohrh.law.ox.ac.uk/you-have-the-right-to-an-attorney-that-we-approve-of-right-to-counsel-under-irans-new-criminal-procedure-code-2/

    - "Capital punishment in Iran", Wikipedia (2024), https://en.wikipedia.org/wiki/Capital_punishment_in_Iran

    - "Iran: New compulsory veiling law intensifies oppression of women and girls", Amnesty International (2024), https://www.amnesty.org/en/latest/news/2024/12/iran-new-compulsory-veiling-law-intensifies-oppression-of-women-and-girls/

    - "Law of the Formation of Public and Revolutionary Courts (2009)", Refworld (2013), https://www.refworld.org/docid/518a19404.html

    - "Codifying Repression: An Assessment of Iran's New Penal Code", Human Rights Watch (2012), https://www.hrw.org/report/2012/08/28/codifying-repression/assessment-irans-new-penal-code

    - "Justice for Iran", justice4iran.org (2024), https://justice4iran.org/

    - "Iran: New compulsory veiling law intensifies oppression of women and girls", Amnesty International (2024), https://www.amnesty.org/en/latest/news/2024/12/iran-new-compulsory-veiling-law-intensifies-oppression-of-women-and-girls/

    - "Islamic Penal Code", UNODC SHERLOC (2013), https://sherloc.unodc.org/cld/uploads/res/islamic-penal-code_html/Islamic_Penal_Code.pdf

    - "The Rule of Law in the Islamic Republic of Iran", University of Essex (2010), https://www1.essex.ac.uk/hri/documents/rule-of-law-in-iran.pdf#:~:text=The%20relevant%20treaty%20to%20which%20Iran%20is,and%20freedom%20of%20association%20under%20Article%2022.&text=This%20is%20a%20clear%20interference%20by%20the%20executive%20in%20judicial%20affairs

    - "Legal Support", UNHCR Iran (2024), https://www.unhcr.org/ir/legal-support

    - "Effectiveness of Legal Aid for Suspects or Defendants in the Iranian Criminal Justice System", International Journal of Educational and Vocational Social Science (2022), https://e-journal.citakonsultindo.or.id/index.php/IJEVSS/article/download/301/304/

    - "Iranian Lawyers: Judiciary’s Mandatory List of “Approved” Counsel Sets “Dangerous Precedent”", Iran Human Rights (2018), https://iranhumanrights.org/2018/03/iranian-lawyers-judiciarys-mandatory-list-of-approved-counsel-sets-dangerous-precedent/

    - "Effectiveness of Legal Aid for Suspects or Defendants in the Iranian Criminal Justice System", International Journal of Educational and Vocational Social Science (2022), https://e-journal.citakonsultindo.or.id/index.php/IJEVSS/article/download/301/304/#:~:text=However%2C%20the%20availability%20of%20legal%20aid%20is,support%2C%20exacerbating%20imbalances%20in%20the%20judicial%20process