Home | English | Publications | Reports | Silencing the Women's Rights Movement in Iran

Silencing the Women's Rights Movement in Iran

Once a preliminary investigation indicates that a crime may have been committed, Article 119 of the CCP mandates the issuance of a summons or an arrest warrant, and requires that the contents be communicated to the suspect." 291 An arrest warrant may only be issued if there is due cause,292 and pretrial arrest warrants are appealable and only valid for a month unless extended by the issuing judge.293 Judicial officers and other governmental agents who illegally take people into custody or initiate criminal prosecutions are subject to punishment.294

Under Article 35 of the Iranian Constitution, accused individuals have a right to counsel "in all courts of law." This fundamental right is reiterated in Articles 128, 185 and 186 of the CCP, and Article 3 the Citizen Rights Law.295 Although Article 128 of the CCP permits a judge to limit or prohibit access to a lawyer, the limitation or prohibition must be for national security reasons, and may last only until the end of the investigation period.296

International law similarly protects the due process rights of the accused. Article 9 of the ICCPR outlines Iran 's duty to provide due process before it limits, interferes with, or otherwise extinguishes an individual's liberty.297 Article 9(2) requires government agents to promptly inform the accused of the reasons for her arrest at the time of arrest, and Article 9(3) obligates it to promptly bring the accused before a judge and hold a trial within "a reasonable time."" 298 Article 9(3) also provides that "it shall not be the general rule that persons awaiting trial shall be detained in custody."299 Article 14(2) provides that the accused has the right

[291] Criminal Code of Procedure, art. 119, supra note 289 ("The accused shall be summoned by an arrest warrant. The arrest warrant, which contains the reasons for the summons must be read to the accused."). Article 5 of the Citizen Rights Law reiterates that arrests and detentions are generally prohibited unless necessary, and that they must be carried out lawfully. Article 6 strictly prohibits the blindfolding and restraining of a suspect during the course of an arrest, and provides that suspects must be protected from insults and harassment. Citizen Rights Law, supra note 288, arts. 5, 6.
[292] Article 118 of the CCP allows warrantless arrests only in instances where the crime being investigated is punishable by execution, qisas (blood retribution), or amputation. Criminal Code of Procedure, supra note 289, art. 118.
[293] Id. art. 33.
[294] Article 575 of the Iranian Penal Code provides that "judicial officials or other officers who, contrary to the law, take a person into custody, initiate criminal prosecutions or convict and sentence a person, are liable to a punishment of permanent dismissal from their judicial post and five years ban of serving in governmental positions." Iran Penal Code, supra note 83, art. 575.
[295] Criminal Code of Procedure, supra note 289, arts. 128, 185-186; Citizen Rights Law, supra note 288, art. 3. "Judges and prosecutors are required to respect the right of the accused (or respondents) to defend themselves and provide them with opportunities to employ lawyers and experts." Id.
[296] Criminal Code of Procedure, supra note 289, art. 128.
[297] Article 9 states:
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
ICCPR supra note 273, art. 9.
[298] Id.
[299] Id.

« 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 »
  • Email to a friend Email to a friend
  • Print version Print version
  • Plain text Plain text

Tagged as:

Sexual Violence, Gender Rights, Death Penalty, Political Killings, Executions, Torture, Inhuman and Degrading Treatment, Punishment, Personal Liberty, Arbitrary Detention, Travel Restrictions, Due Process, Right to an Attorney, Illegal Search and Seizure, Free Speech, Right to Protest, Protests, Free Association, Child Rights, Political Freedom, Equality Before the Law, Discrimination