Based on the rules of procedure for prisoner classification and separation, foreign prisoners are kept separate from other prisoners. In addition to the enjoyment of the rights recognized for domestic prisoners, foreign prisoners enjoy some special rights regarding their visits, correspondence and telephone contacts enshrined in the executive rules of procedure of the State Prisons Organization.
1. Personal visits
Visits of foreign prisoners to their family members are subject to the provisions of the executive rules of procedure of the organization. Also, the visits of foreign political and consular representatives to the imprisoned nationals of their respective countries, provided for in the provisions of the article 193 of the executive rules of procedure of the organization, will take place with the introduction of such representatives by the foreign ministry and the permission of the competent judicial authorities (prosecutor, the investigating judge or the supervising judge of the prison).
It is to be noted that convicted foreign prisoners whose countries do not have such representatives in Iran can visit the political or consular representative of the state which represents the interests of their state provided that they observe the afore-mentioned provisions.
A review of such cases indicates that in all cases where consular representatives of countries have asked through the foreign ministry for visiting their prisoners such requests have been processed and answered at the shortest possible time and the ambassadors or chrged'affairs of such countries have managed to visit their requested prisoners after the completion of the legal process.
2) Correspondence
Based on the provisions of the article 205 of the executive rules of procedure of the State Prisons Organization, foreign convicts and accused can correspond with the political or consular representatives of their respective countries through the channel of the foreign ministry, and their letters are to be processed and sent to their destinations in line with the said provisions.
All prisoners including foreign prisoners, if not legally barred from visits, can correspond with their families, attorneys, relatives, friends and the judicial authorities.
It is to be reminded that there are separate boxes in all prisons across the country including the boxes of the head of the organization, the office for supporting the civil rights of prisoners, the inspection office, and the supervising judge of prison, director general of provincial prison as well as intelligence and security agencies which can be used to communicate with and contact these people without intermediaries.
3) Telephone contacts
Under the provisions of the article 206 of the said executive rules of procedure, in emergency conditions, foreign prisoners can contact persons or officials by phone or
telegraph at personal costs in line with the provisions of the said executive rules of procedure.
It is to be noted that with the installation of card operating telephone sets in prisons, all prisoners including foreign prisoners can easily contact the outside world through telephones.
In addition to the special attention given to the rights of foreign prisoners, another measure which has been recently taken is the possibility of the commutation of the punishments or the pardon of foreign nationals like local prisoners on the occasion of the anniversary of the appointment of Prophet Mohammad (P.B.U.H) to prophethood.
4) Extradition of convicted prisoners
Agreements on the extradition of convicts between the Islamic Republic of Iran and other countries
Extradition of prisoners agreements have so far been signed between the Islamic Republic of Iran and Azerbaijan, Syria, Kuwait and Ukraine, which have been ratified by the Islamic Consultative Assembly (Parliament).
The first case of extradition of prisoners between the Islamic Republic of Iran and Syria took place in April 2009 with the transfer of seven Iranian convicts from the prisons of Syria to Iran; one convict who was not transferred on the same date due to some problems was transferred to Iran in July 2009.
So far, a total of 54 prisoners have been transferred in four phases from the Islamic Republic of Iran to the Republic of Azerbaijan and 355 prisoners have been transferred in 11 phases from the Republic of Azerbaijan to the Islamic Republic of Iran.
The laws on the extradition of convicts between the Islamic Republic of Iran and the states of Kuwait ad Ukraine have not yet gone into effect.
I) Prisoners waiting for trial
1) Reduction of the number of prisoners waiting for trial
In many judicial systems of the world, the sluggish judicial proceedings system which causes the number of prisoners waiting for trial to increase is mostly responsible for high prison population density.
Based on the statistics available in different parts of the world, by the end of the first quarter of 2009, the number of prisoners waiting for trial accounted for 50%
of the total prison population in the world.
In the past and even until ten to twenty years ago, the situation of prisons in Iran, too, was the same. But, in recent years, through a reform in judicial proceedings system of Iran, the population of prisoners waiting for trial has declined between 25%
to 40%.
2) Separation of prisoners waiting for trial from convicted prisoners
Since the rules and regulations governing prisons are originally intended for the management of convicted prisoners, prisoners waiting for trial are assumed innocent in accordance with the laws of the Islamic Republic of Iran. Thus, they should not be subjected to the rules and regulations governing the conduct of convicted prisoners.
To ensure full respect for the human dignity and social prestige of citizens and also to reduce the adverse effects of life in prison, the prison system in the Islamic Republic of Iran has witnessed a great development and that was the separation of convicts from prisoners waiting for trial which came with the approval of the executive rules of procedure for detention centers governing the status of accused prisoners; the State Prisons Organization is obliged to build such detention centers.
During the past three years, construction of 47 detention centers has been planned in big cities and so far 19 detention centers have been completed and started their work.