A/HRC/31/26
execution rate and called on the Government to institute a moratorium on executions. 3 In
their comments on the present report, the government authorities continued to argue that
owing to threats linked to the production of narcotics in the region, it was necessary to
apply the death penalty as a deterrent, especially for drug-related crimes. They also argued
that individuals found guilty in court proceedings were afforded due process guarantees,
including access to defence counsel.
7.
The Secretary-General notes the initiative by parliamentarians to replace executions
for drug-related crimes with imprisonment. On 8 December 2015, a parliamentarian
announced that a proposal to amend the anti-narcotics law, which provides a mandatory
death penalty for drug-related offences, had been presented to the parliament. The proposal
reportedly seeks to eliminate the death penalty for drug-related offences, except for armed
drug smuggling.4 The current anti-narcotics law provides for the death penalty for a myriad
of lesser drug-related offenses, including the possession of more than 30 grams of
methamphetamines (ibid.).
8.
Executions for drug-related offences, which amount to a violation of international
law, account for over 70 per cent of all executions in the Islamic Republic of Iran. These
executions are often carried out after trials that do not meet international fair trial standards.
The International Covenant on Civil and Political Rights prohibits the imposition of the
death penalty for any but the most serious crimes. The Human Rights Committee has
repeatedly stressed that drug-related offences do not meet the threshold of the most serious
crimes, unless they involve intentional killing. 5 The Secretary-General, noting that
execution has not deterred this type of crime, encourages the Government to seek
alternative solutions, including abolishing the mandatory death penalty for drug-related
crimes.
9.
A large number of foreign nationals are reportedly on death row for drug-related
crimes. Afghan nationals are reportedly the most affected, with at least 1,200 persons on
death row as of August 2015 (see A/70/304, para. 77). Of the 17 foreign nationals
reportedly executed in 2015, 16 were Afghans. Foreign nationals are particularly
vulnerable, as they often do not speak the language in which the legal proceedings are held,
are unfamiliar with the laws under which they are charged, have inadequate access to legal
assistance and support, and are often forced to sign confessions. 6 For instance, Kelven
Ozube Agbai, a Nigerian national, has been detained in Evin prison since March 2013. He
was reportedly arrested at Imam Khomeini Airport in Tehran for possession of drugs. On
29 August 2013, the Tehran Revolutionary Court sentenced him to death. While in custody,
Mr. Agbai was reportedly pressured to sign documents that had not been translated from the
original Persian. Furthermore, he reportedly did not have access to an interpreter or legal
assistance during the investigation and the trial.
10.
In 2015, at least eight political prisoners were executed for charges such as
moharebeh (taking up arms for terrorism and disruption of public safety) and several others
were sentenced to the death penalty on politically motivated charges. On 4 March 2015, six
individuals, including Hamed Ahmadi, Kamal Malaee, Jahangir Dehghani and Jamshed
3
4
5
6
On 14 September 2015, in his opening statement to the Human Rights Council at its thirtieth session,
the High Commissioner expressed concern at the accelerated use of the death penalty in the Islamic
Republic of Iran. On 19 October, the Spokesperson for the Secretary-General reaffirmed the
opposition of the United Nations to the death penalty and called on the Government to abolish the
practice altogether.
See www.isna.ir/fa/news/94091710313/ (in Persian).
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16581&LangID=E.
In their comments on the present report, the authorities stated that foreigners were systematically
afforded translation and defence counsel facilities.
3
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