Violation of Rights of Gonabadi Dervishes in the Events of Golestan Street from the Perspective of Domestic Laws

The following article is written by one of the Gonabadi dervishes who was present during the recent events on Golestan Street 7 and was injured in the clashes between security forces and dervishes. He refers to some general rights of prisoners and states that these rights, as stipulated in the constitution, have been violated in relation to the dervishes. Due to security concerns, the author prefers to remain anonymous. The arrest of dervishes and followers of the Ni'matullahi Gonabadi order occurred in the early hours of March 1, 2018, in Golestan Street 7, accompanied by severe violence and beatings by security and law enforcement forces, resulting in deep injuries to the bodies of the detainees. Medical documents regarding their transfer to treatment centers and records of their entry into various detention facilities, including Tehran's Criminal Investigation Police (Shahpour), the Ethical Security Police detention center (Vazara) for women, Ward 209 of Evin Prison, Greater Tehran Prison, and the Central Prison of Shahr-e Rey (Qarchak) support this claim. The interrogation and preliminary investigation process: A - Failure to inform detained dervishes of their legal rights: According to the law, criminal proceedings must be based on the law and guarantee the rights of both parties. This includes the presumption of innocence and the independence and impartiality of the judicial authority. Thus, based on Articles 5, 6, 7, and 52 of the Criminal Procedure Code and Clause 3 of the Citizen Rights Protection Act, the accused must be informed as soon as possible of the charges and evidence against them and must have access to a lawyer and other legal defense rights. Mechanisms must be in place to ensure these rights are respected, and the rights of citizens must be upheld by all judicial authorities, law enforcement agents, and others involved in the judicial process. Whenever an accused person is detained, law enforcement agents are required to inform the accused of their rights as stated in the law and provide this in writing, which must be attached to the case file. During the preliminary investigation of the dervishes' case on Golestan Street 7, all of the aforementioned legal provisions were violated, and none of these rights were communicated to the detained dervishes. B - Investigations conducted by persons lacking the title of law enforcement agents: Preliminary investigations and interrogations must be conducted by law enforcement agents. According to Article 30 of the Criminal Procedure Code and the executive regulations for establishing the title of law enforcement agents, in addition to being credible and trustworthy, it is conditional upon acquiring necessary skills through training courses under the relevant judicial authority and obtaining a special card for law enforcement agents. Investigations and actions taken by individuals lacking this card are prohibited and legally invalid, and referring matters to these individuals by judicial authorities results in disciplinary action against the judge. In the dervishes' case, all interrogations were conducted by individuals lacking these legal qualifications. C - Denial of the right to access a lawyer: According to Articles 48 and 190 of the Criminal Procedure Code and Clause 3 of the Citizen Rights Protection Act, the accused may have one lawyer present during the preliminary investigation. This right must be communicated to the accused by the investigator before the investigation begins. Denying the right to have a lawyer and failing to inform the accused of this right results in penalties for the judge. In the case of the detained dervishes, not only was this right not communicated to them, but the prosecution authorities in Tehran's Security Prosecutor's Office also refused to accept a lawyer and, in some cases, threatened the lawyer with revocation of their license if they intervened. D - Use of torture and violence during interrogations and leading questions: According to Articles 60 and 195 of the Criminal Procedure Code and Clauses 4, 6, 7, 9, and 11 of the Citizen Rights Protection Act, coercion or duress of the accused, use of derogatory language, leading or misleading questions, and questions unrelated to the charges are prohibited during interrogations. Ethical and Islamic standards must be fully observed in dealing with complainants, accused persons, and witnesses. During arrests and interrogations, measures such as blindfolding and humiliating individuals must be avoided. Interrogators and investigators must refrain from covering their faces or sitting behind the accused or taking them to unknown locations and must avoid all illegal actions. Questions must be relevant and clear and related to the charges against the accused, avoiding curiosity about personal and family secrets and past sins of individuals. In the case of the detained dervishes, all of these provisions were violated by the interrogators, and the dervishes were interrogated under the worst conditions and subjected to psychological and physical torture, with interrogations not adhering to Islamic principles and standards. E - Issuance of bail and judicial supervision orders contrary to the law: According to Article 217 and the regulations of Chapter 7 of the Criminal Procedure Code, in order to ensure the accused's access and timely presence, after informing them of the charges and conducting necessary investigations, bail orders are issued if there is sufficient evidence. The issuing authority and the prison warden are required to make necessary arrangements for the accused to access individuals they introduce for finding a guarantor or bail. Whenever the accused introduces a guarantor or bail, even outside of working hours, the issuing authority or the on-duty judge is obliged to accept it. Bail and judicial supervision orders must be substantiated and justified, proportionate to the type and severity of the crime, the severity of the punishment, the evidence and grounds for the accusation, and the accused's background, character, and reputation. In the case of the detained dervishes, the issued bail orders did not correspond with any of the evidence in the case and were issued without citing evidence. The prosecution authorities refused to accept the bail orders, and conditions for the dervishes' release were not provided. Appeals against the temporary detention orders were also fruitless. Duration of detention of dervishes in prison: According to prison law, prisoners are held based on their character and behavior as decided by the classification council, and they must benefit from specified legal rights such as access to medical treatment and specialized medical centers, visitation with relatives, and telephone contact with family. However, during the detention of the dervishes in Tehran's prisons, injured individuals were consistently deprived of these legal rights under illegal pretexts, including being required to wear prison uniforms and handcuffs. This is while, according to Article 235 of the Prison Organization's regulations, the use of handcuffs during the transfer of prisoners to medical and judicial centers is not mandatory.