A/HRC/16/75 B. The death penalty, including public executions 9. A dramatic surge in the number of executions has been recorded since the beginning of 2011. According to Iranian press reports, at least 66 people were executed in January, with some sources indicating the figure to be as high as 83,11 Most executions were reportedly carried out in relation to drug offences, but at least three political prisoners were among those hanged. The Iranian authorities assert that the executions were carried out after a fair trial and review by a higher court. On 2 February 2011, the High Commissioner publicly expressed alarm at the dramatic increase in executions since the beginning of 2011, and called upon the country to institute a moratorium on executions with a view to abolishing the death penalty. The High Commissioner also expressed concern that a large number of people reportedly remain on death row, including political prisoners, drug offenders and even juvenile offenders, and encouraged the country to respect international standards guaranteeing due process and the protection of the rights of those facing the death penalty, to progressively restrict its use and reduce the number of offences for which it may be imposed. Furthermore, the Special Rapporteur on extrajudicial, summary or arbitrary executions jointly with the Special Rapporteur on the independence of judges and lawyers also warned in a public statement of a dramatic surge in death sentences, carried out in the absence of internationally recognized safeguards, despite numerous calls by the United Nations to halt executions immediately. The experts pointed out that, under international law, the death penalty is regarded as an extreme form of punishment which, if it is used at all, should only be imposed for the most serious crimes after a fair trial has been granted to the accused. 10. Special procedures mandate holders continued to receive many reports from various sources concerning individuals who had allegedly been executed for drug-related offences and drug trafficking. Several cases involved foreign citizens or persons with dual nationality.12 Despite growing acknowledgment by some Iranian authorities that the death penalty may not be an effective deterrent to drug crime, the judiciary has continued to stress in public the need for tough punishment. 11. A new anti-narcotics law was passed in December 2010 and came into force on 4 January 2011. Article 18 provides for the death penalty for drug traffickers and major traders, and also foresees punishment such as a travel ban ranging from one to 15 years for carrying or smuggling any quantity of drugs.13 The new law classes drug-addicted persons as criminals unless they are in possession of a certificate of treatment. On 27 December 2010, the Deputy Prosecutor General for Legal Affairs warned of a stricter approach in dealing with drug trafficking, and stressed that drug traffickers and major drug traders would face execution under the new law.14 The judiciary has also pledged to use the death penalty in a crackdown on other serious crimes. On 8 December 2010, the head of the Iranian judiciary, Ayatollah Sadiq Larijani, announced that armed robbers would still be 11 12 13 14 According to Amnesty International, at least 71 people mostly linked to drug trafficking were executed between 1 and 24 January 2011. According to numerous reports, foreign citizens, including from Nigeria and Afghanistan, were among those executed for drug-related charges. Zahra Bahrami, an Iranian-Dutch dual citizen was executed on 29 January 2011 on charges of drug trafficking. The Iranian authorities note that the country’s laws do not distinguish between Iranian and non-Iranian nationals who commit a crime on Iranian territory. The penalty for trafficking and trading 30 gm of crystal meth, just like other psychedelic substances such as crack and heroin, are punishable by imprisonment, whereas more than 30 gm is punishable by death.See www.isna.ir/ISNA/NewsView.aspx?ID=News-1687435&Lang=P. www.irannewsdaily.com/view_news.asp?id=213176, http://english.farsnews.com/newstext.php?nn=8910071407 and www.dadiran.ir/default.aspx?tabid=40&ctl=edit&mid=389&code=7697. 5