Under the 1979 Constitution of the Islamic Republic of Iran (as amended through 1989),
The dignity, life, property, rights, residence, and occupation of the individual are inviolate, except in cases sanctioned by law.Art. 22, 1979 Constitution of the Islamic Republic of Iran (as amended).
According to Article 27, "Unarmed assemblies and marches may be freely organized, provided that no violation of the foundations of Islam is involved." Article 38 prohibits all forms of torture "for the purpose of extracting confession or acquiring information".
By virtue of Article 172:
Military courts will be established by law to investigate crimes committed in connection with military or security duties by members of the Army, the Gendarmerie, the police, and the Islamic Revolution Guards Corps.
The Constitution does not otherwise regulate the actions of law enforcement agencies.
|1966 Covenant on Civil and Political Rights (ICCPR)||State Party|
|ICCPR Optional Protocol 1||Not party|
|1984 Convention against Torture (CAT)||Not party|
|Competence of CAT Committee to receive individual complaints||N/A|
|CAT Optional Protocol 1||Not party|
|1998 Rome Statute of the International Criminal Court||Signatory|
There is no regional Asian human rights treaty to which Iran could become party.
Police Use of Force
Several agencies share responsibility for law enforcement in Iran, including the Ministry of Intelligence and Security and security forces under the Ministry of Interior, which report to the president, and a branch of the military, the Islamic Revolutionary Guard Corps (IRGC), which reports directly to the Supreme Leader of Iran. The Basij, a volunteer paramilitary group with local organizations across the country, sometimes acted as an auxiliary law enforcement unit subordinate to military IRGC forces.
There are no specific restrictions on police use of force in Iran's national law. A revised version of Iran's Penal Code has been implemented since early 2013 for an experimental period of five years. According to Article 157 of this revised Code, resistance against police forces and other law enforcement officials whilst performing their duties shall not be considered a defence unless these forces exceed the scope of their duties and there is a legitimate fear that their actions may cause death or injury or violation of bodily integrity.
There is no independent police oversight body in Iran.
Views and Concluding Observations of United Nations Treaty Bodies
In 2011, the Human Rights Committee issued Concluding Observations on Iran in which it expressed concern about reports of widespread use of torture and other forms of cruel, inhuman or degrading treatment in detention facilities, particularly of those accused of national security-related crimes or tried in Revolutionary Courts. In some cases, this has resulted in the death of the detainee. The Committee called on Iran to
ensure that an inquiry is opened in each case of alleged torture and cruel, inhuman or degrading treatment in detention facilities, and that the perpetrators of such acts are prosecuted and punished appropriately. It should ensure that effective reparation, including adequate compensation, is granted to every victim.