A/HRC/40/24
I. Introduction
1.
The present report is submitted pursuant to General Assembly resolution 73/181, in
which the Secretary-General was requested to submit an interim report on the situation of
human rights in the Islamic Republic of Iran to the Human Rights Council at its fortieth
session. The report provides information on progress made in the implementation of the
resolution. It draws on observations made by the United Nations human rights treaty bodies,
the special procedures of the Human Rights Council and various United Nations entities. It
also reflects information from the Government of the Islamic Republic of Iran, State media
and non-governmental organizations and from individual interviews with known victims
and alleged victims and their families and with lawyers. The Secretary-General
acknowledges the detailed submission provided by the Government in response to the draft
of the present report.
2.
The Secretary-General notes that the Government has increasingly engaged with the
Office of the United Nations High Commissioner for Human Rights (OHCHR) and with
United Nations human rights mechanisms. Representatives of OHCHR visited Tehran in
May 2018 and met with a range of interlocutors to discuss the human rights situation in the
country. The Government has extended an invitation to the United Nations High
Commissioner for Human Rights and to three special procedure mandate holders.
II. Overview of the situation of human rights in the Islamic
Republic of Iran
A.
Death penalty and right to a fair trial
Use of the death penalty and the amendment to the drug trafficking law
3.
According to article 6 of the International Covenant on Civil and Political Rights,
States parties that have not yet abolished the death penalty should only impose it for the
“most serious crimes”, which has been interpreted as meaning those involving intentional
killing.1 The Secretary-General remains concerned by the continued application of the death
penalty for a wide range of offences, including those which are vague or uncertain in scope,
such as efsad-e fel-arz (“spreading corruption on earth”),2 and those which do not involve
intentional killing and therefore do not amount to “most serious crimes”, such as adultery3
or consensual sexual relations between two men in certain circumstances. 4
4.
Information received by OHCHR indicates that 207 persons were executed in the
Islamic Republic of Iran between January and October 2018,5 compared to 437 recorded
during the same period in 2017. This decline may have resulted from the amendment to the
drug trafficking law which entered into force in November 2017 and which replaced the
mandatory death penalty with a prison term of up to 30 years (retroactively and
prospectively) for non-violent drug-related offences. While mandatory death sentences for
numerous drug-related offences were retained, the amendment increased the quantity of
drugs required for a death sentence to be imposed. The amended law still criminalizes
addiction and transforms some crimes into capital crimes for first-time offenders in specific
circumstances. 6 United Nations human rights mechanisms have consistently underscored
1
2
3
4
5
6
2
See Human Rights Committee, general comment No. 36 (2018) on the right to life.
See the report of the Secretary-General on the situation of human rights in the Islamic Republic of
Iran, available from www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session37/Pages/
ListReports.aspx; and A/73/398, para. 23.
Penal Code, arts. 136 and 225.
Ibid., art. 235.
See https://iranhr.net/en/articles/3514/.
Drug trafficking law, arts. 8 and 45.
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