A/HRC/19/82 abolish the death penalty or to restrict its imposition to only the “most serious crimes”, as stipulated in article 6 (2) of the International Covenant on Civil and Political Rights. The new Penal Code still envisages the death penalty for people charged with “acts against national security”, moharebeh, Mofsid Fil Arz (corruption on earth), drug trafficking, rape, Qisas (retribution in kind) and certain other hudud crimes. 9. The death penalty reportedly continues to be widely applied, especially for drugrelated cases. In 2011, Amnesty International documented alarmingly high rates of drug related executions involving both Iranian citizens and foreign nationals; of 600 recorded executions in 2011, 488 were for drug-related offences. Thousands of people, including foreign nationals (particularly Afghans), are reported currently to be on death row. 8 On 22 September 2011, in a press statement, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, the Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment condemned the ongoing executions of people charged with drug-related offences, stressing that these do not amount to the most serious crimes for which the death penalty may be applied under international law. Concerns were also raised regarding fair trial safeguards, and access to lawyers and families for those convicted. The Iranian authorities argue that the issue of combating drug trafficking is a top priority for the country and must be deterred by severe penalties. OHCHR and special procedures mandate holders also received numerous reports on the application of Qisas-related executions. 10. On 26 May 2011, the Special Rapporteur on extrajudicial, summary or arbitrary executions9 drew the attention of the authorities to two members of the Kurdish minority at risk of imminent execution. Habib Latifi and Sherko Moarefi, accused of moharebeh, had their death sentences upheld by the Supreme Court for the second time in 2011 and their files were subsequently forwarded for execution of the sentence. On 17 December 2011, Iranian media reported that the death sentence of Zienab Jalaliyan, another Kurdish activist, had been commuted to life imprisonment. Ms. Jalaliyan had been sentenced to death on charges of moharebeh for her alleged membership in the Party of Free Life of Kurdistan, defined as a terrorist group in the Islamic Republic of Iran.10 11. Sakineh Mohammadi Ashtiani, who was sentenced to death by stoning in 2006, still faces the risk of execution by hanging. On 25 December 2011, the head of the judiciary of the Eastern Azerbaijan province reiterated that the order for Ms. Ashtiani’s execution by hanging could be issued at any time. The order is reportedly pending the final approval of the chief of the national judiciary.11 Ms. Ashtiani is currently serving a 10-year prison sentence for complicity in her husband’s murder. 12. A further worrying trend is the increasing number of public executions. At least 40 public executions were reported by the authorities to have been carried out in 2011. Some of the executions were reportedly attended by a large crowd, including minors, a fact that also raises serious concerns about the devastating effect on the development of children who witness such executions. The authorities defend executions in public as effective in crime prevention. On 20 January 2012, a person accused of rape was reportedly hanged 8 9 10 11 Amnesty International, “Addicted to Death” 15 December 2011. Available from www.amnesty.org/en/library/info/MDE13/090/2011/en. A/HRC/18/51, p. 115. ISNA, 17 December 2011. Available from www.isna.ir/isna/newsView.aspx?ID=News1912039&lang=p. Ibid., 25 December 2011. Available from http://isna.ir/isna/newsView.aspx?ID=News-1917859. 5