A/HRC/37/68/Add.1
significant and outstanding. On the other hand, the statistics of executions of minorities are
completely misleading, distorted and inaccurate; Because if the intention is that among the
executed drug related offenders and the deliberate murders, there have been a number of
individuals belonging to some ethnic groups or religious minorities, this separation is incorrect
and with malicious purposes; where according to the principle 19 of the Constitution, the
people of Iran of all tribes and ethnicities, have equal rights, and each punishment is
determined according to the law and in proportion of the crime; and if it is intended to claim
that individuals, only because of belonging to ethnic groups or a minority religious schools of
thought have been sentenced to death, it is a false statement and allegation and also there is no
documentation and evidence provided in this draft report.
Reply to Paragraph 14
In the Islamic Republic of Iran, the death penalty is intended only for the most serious crimes.
The most serious crimes, include mass trafficking in narcotics, which are treated with a special
sensitivity in the courts at the presence of the prosecutor's representative, the accused and his
lawyer. The cases are investigated, and will be vetted by convening the hearings and during
fair trial proceedings. The formalization of hearings in such crimes requires the presence of a
lawyer, and a meeting without a lawyer has no legal effect, and the decision made and the
ruling issued by the Supreme Court is void
The legislator has stipulated in Article 32 of the Law on Amendments to the Law on
Combating Narcotics, adopted in 1997: the death sentences issued in accordance with this law,
after the approval of the Chief Justice of the Supreme Court or the Attorney General of the
country, recognizes the definitive and necessary. In addition, it has improved the accuracy of
these sentences, which, if the ruling is considered by any of these officials to be contrary to the
legal and legal regulations, these authorities have the right to appeal and violate it, as a result of
which the full respect of the rights of the accused is committed. The new Criminal Procedure
Code also provides for the two stages of the investigation of drug offenses, and a revision of
the cases leading to the death penalty in the Supreme Court is required.
Regarding the legality of the death penalty in Iran and the multi-stage proceedings with due
observance of the principles of justice, so far no international authority has ever made a claim
on non-observance of legal standards in dealing with drug offenses or certain individuals who
have been punished; Special Rapporteurs have been requested, many times, to provide the
Islamic Republic of Iran with verified information, but unfortunately, there are no positive
reaction has been received.
Reply to paragraphs 15 to 17
While welcoming the attention of the Special Rapporteur to the legislative and executive
developments regarding drug-related crimes, it should be noted that the amended law, by
changing the weight of various types of drugs, includes a significant number of convicts, who
are covered by the conditions set forth in the law. The new amendment is retrospective and as
it is stated in the Draft, no death penalty has been executed for convicts under this law.
In the case of foreign nationals, in order to implement the directive of the head of the judiciary
and after arrest of foreign nationals, the Directorate General of International Affairs of the
Judiciary informs the embassy of the country of the accused individual, through the relevant
section of the Ministry of Foreign Affairs of the Islamic Republic of Iran for appointing of a
lawyer and the required legal proceedings. If the lawyer is not introduced by the individual’s
embassy, the relevant court is required to appoint a lawyer for the defendant. If the above
provisions are not complied with in the case, the judgment given in the Supreme Court shall be
void. It should be noted that there is no difference between subjects of different countries in the
legal stipulations, in respect of the rights of foreign nationals; and in terms of the need to
observe the principles of the procedure, including the right to a lawyer. Although, in the case of
foreign nationals, in the form of a request for official representation of their country in Iran, in
some cases extra assistance is provided. Therefore, it is necessary to correct this paragraph
accordingly.
Article 6 of the Covenant on the Issuance and Execution of Death Penalty for Heavy Crimes is
generally permitted by law. Countries also pay attention to the general interpretation of the
Human Rights Committee on the definition of heavy crimes or the statements of some
international officials in this regard, and seek to find a solution to deal seriously with the tragic
phenomenon of drug trafficking and its adverse effects. The will of several countries to
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