Arbitrary detention under international law

Arbitrary detention is defined as a deprivation of liberty when imposed arbitrarily. A deprivation of liberty occurs whenever a person is held without his or her free consent. This deprivation is arbitrary if there is no legal basis for the detention, if it is the result of an individual exercising fundamental human rights, if the deprivation is a result of a grave lack of due process, or if the deprivation is based on discrimination. Although the Iranian constitution prohibits arbitrary arrests and detentions, the data show that this practice is not only condoned but also widespread in the country.

Iran’s use of arbitrary detention contravenes international law

Contrary to Iran’s obligations under the International Covenant on Civil and Political Rights (ICCPR), Iranian authorities use arbitrary detention as a tool to obstruct free expression, assembly, and dissent, which they deem to be “anti-regime” activities. Arbitrary arrests often happen during protests, but can also be a targeted tactic against individuals who are engaged in the promotion of human rights, such as journalists, lawyers, human rights defenders, and social or political activists. In recent years, it has also become a common practice for Iran to detain dual nationals (i.e. individuals who are citizens of both Iran and another country) for arbitrary and prolonged detention on politically motivated charges. There is often no legal basis for these arrests and detentions, which has resulted in many advocates likening these arbitrary arrests to hostage-taking.

Iran also regularly deprives individuals who are arrested of due process and fair trials. Plainclothes officers often arrive unannounced at homes or offices where they arrest individuals, conduct raids, and confiscate private documents, passports, computers, electronic media, and other personal items without warrants. Once arrested, individuals often remain in detention facilities without access to legal counsel for long periods without charges or trials, and authorities sometimes prevent them from informing others of their whereabouts for several days. They are often denied access to speak with their families or to have meaningful exchanges with their lawyers.

Spotlight on Kurdish political prisoners

Although the Iranian constitution provides equal rights for “all people of Iran,” in practice ethnic minorities are not treated equally. Kurds in Iran face systematic discrimination and barriers which affect their access to basic services such as housing, political office, employment, and education. Since 2016, the Iranian authorities have become increasingly sensitive to and suspicious of Kurdish political activity. As such, Kurds asserting their ethnic and religious identity, engaging in or associating with civil or political activities, or promoting or perceived to be promoting separatism, face arbitrary arrest and detention. These individuals are often charged with national security-related offences and face lengthy prison sentences, and in some cases the death penalty.

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