LAW ON PRISONS AND DETENTION CENTERS
CHAPTER 1
GENERAL PROVISIONS
Objective:
Article 1:
(1) This law has been enacted to ensure the rights of detainees and prisoners in the detention centers and prisons.
(2) The application of a sentence order in the prisons takes place only to prepare the prisoners to abide by the laws and social and moral standards of living, to do the beneficial social work and not commit crimes again.
Deprivation from Freedom:
Article 2:
(1) The freedom of an accused in a detention center can only be taken away in accordance with the concerned attorney’s arrest warrant and the court order in conformity with the provisions of the law.
(2) The application of sentence in prisons shall take place in accordance with the final court order.
(3) The Ministry of Justice is the authority for applying orders and the provisions mentioned in paragraphs (1) and (2) of this article.
Respecting Human Rights:
Article 3:
(1) The staff of detention centers and prisons, attorneys, judges and other people who deal with prisoners in a way is required to respect human rights while performing their duties and dealing with the detainees and prisoners, they should treat them equally and impartially irrespective of their tribe, citizenship (the word nationality was omitted), religion, race, color, gender, language and social and political status, etc.
(2) The living conditions of the prisoners should be provided in such a way that it remove the impacts of taking sides (being biased) at minimum and should not cause the loss of their rights and do not restrict their freedoms in the prison.
Restriction of Rights:
Article 4:
(1) The rights anticipated for the detainees and prisoners, according to the provisions of this law cannot be restricted or taken away by the super intendment of these detention centers and prisons except when the order, discipline and security of the detention centers and prisons are in jeopardy. In this case, the Minister of Justice can partially restrict these rights temporarily.
(2) In exceptional circumstances and in order to prevent the possible risks, superintendent of detention centers and prisons can choose the precautionary measures mentioned in paragraph (1) of this article and they have to get the approval of the General Director of the prisons and that of the Minister of Justice within 24 hours.
(3) Superintendents of the detention centers and prisons are required to notify the concerned attorney and provincial governor about the application of paragraphs (1) and (2) of this article.
(4) By expiration of circumstances mentioned in paragraph (1) of this article , the rights and freedom mentioned in this law will be restored to detainee or prisoner as soon the situation is brought under control.
Treatment of Prisoners:
Article 5:
(1) The staff of the prisons is required to fairly and properly treats the prisoners so that they can reintegrate into the society as law-abiding citizens.
(2) For better enjoyment from their legal rights, the detainees and prisoners should be categorized .by superintendent of the detention and prison in different groups, taking in consideration their character, behavior and common sentiment.
(3) Authorities of detention center are bound to provide facilities needed for physical (work or education and vocational training) activities of accused individuals waiting for their trial.