Iran

Constitutional Provisions

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.

Treaty Adherence

Global Treaties

Regional Treaties

There is no regional Asian human rights treaty to which Iran could become party.

National Legislation

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.

Police Oversight

There is no independent police oversight body in Iran.

Caselaw

Global

Views and Concluding Observations of United Nations Treaty Bodies

In 2016, in its Concluding Observations on Iran the Committee on the Rights of the Child expressed its deep concern 

at the widespread discrimination against children from ethnic minorities, such as the Ahwazi Arab, Azerbaijani Turkish, Baloch and Kurdish minorities. It is particularly concerned about the reports of targeted arrests, detention, imprisonment, killing, torture and execution of members of such groups by law enforcement and judicial authorities. 

The Committee urged the authorities "to ensure that reports of unlawful arrests, detention, imprisonments, killings, torture and executions targeted against members of minority groups, including children, are promptly investigated and the perpetrators are held accountable".

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.  

Views of Civil Society 

In April 2020, Amnesty International reported that around 36 prisoners in Iran were feared to have been killed by security forces after the use of lethal force to control protests over COVID-19 safety fears. 

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