A/HRC/22/48 has successfully contributed to the eradication of drug trafficking in the Islamic Republic of Iran (A/67/275, para. 60). 15. The international community, especially the United Nations human rights mechanisms, have frequently called on the Government to impose an official moratorium on the use of the death penalty for all crimes, including drug-related cases and on the cases of juvenile offenders. The High Commissioner for Human Rights in her opening statement to the twenty-first session of the Human Rights Council raised her concerns about the increase in drug-related executions and executions in public in the Islamic Republic of Iran. The special procedure mandate holders on various occasions publicly condemned the ongoing execution of individuals sentenced to death for drug-related offences. On 23 October 2012, a group of independent experts of the Human Rights Council expressed outrage at the execution on 22 October of Saeed Sadighi and nine others for drug-related crimes. Mr. Sadighi had reportedly been subjected to torture during his detention and there were serious concerns about the fairness of his trial. The execution was carried out despite the fact that, on 12 October, the human rights experts had called on the Government to halt the planned execution of Mr. Sadighi and other prisoners on death row. 16. The new draft Islamic Penal Code, which was approved by both the Parliament and the Guardian Council in January 2012, was referred back to the parliament for further review by the Guardian Council. The Code provides for the use of the death penalty for some non-violent acts and has also introduced more severe punishments for people charged with crimes against national security. For instance, it provides for the death penalty for sodomy; for the non-Muslim party in same-sex relations not involving penetration;9 insulting the Prophet Mohammad; and possessing or selling illicit drugs. 17. Moharebeh (enmity against God) and fisad-fil-arz (corruption on earth) still carry the death penalty. These vaguely defined offences in the Penal Code appear to be incompatible with the most serious crimes requirement for the death penalty in international law. In the draft Code, the scope of fisad-fil-arz has been expanded to include publishing lies, operating or managing centres of corruption or prostitution, or damaging the country’s economy.10 The definition of moharebeh requires the accused to have resorted to arms for the purpose of causing terror or fear or creating an atmosphere of insecurity. On 12 December 2012, the Chief of the Iranian judiciary stressed that regardless of the crime, moharebeh offences are only punishable by death and the judiciary will not apply alternative punishments prescribed in the law. 11 This statement was reinforced by the Parliamentary Commission on Legal Issues.12 This suggests that the death penalty could still be imposed on charges of moharebeh even where the conduct may not have resulted in any death or injury. In past years, moharebeh charges have frequently been applied to Government opponents and dissidents. 18. Special procedure mandate holders continued to raise serious concerns about the application of the death penalty on charges of moharebeh. On 28 June 2012, a group of mandate holders13 condemned the execution of four members of the Ahwazi Arab minority in Ahwaz following a reportedly unfair trial. The four men, including three brothers, were reportedly arrested in April 2011 during a protest in Khuzestan and convicted of moharebeh 9 10 11 12 13 6 A/HRC/21/29, para. 58. See www.hrw.org/news/2012/08/29/iran-proposed-penal-code-deeply-flawed. See http://isna.ir/fa/news/91092213058/ (in Persian). See www.kayhannews.ir/910926/10.htm#other1408 (in Persian). Special Rapporteurs on the situation of human rights in the Islamic Republic of Iran; torture and other cruel, inhuman or degrading treatment or punishment; and extrajudicial, summary or arbitrary executions.