A/HRC/31/69
offences that resulted in the death penalty. The Government also asserts that severe
punishments meted out to large-scale drug traffickers have brought about a considerable
reduction in the harm resulting from the flow of drugs to the Islamic Republic of Iran and
beyond.
31.
As mentioned above, the recently amended Criminal Procedure Code mandates that
all death sentences, including those for drug-related offences issued by revolutionary
courts, must be reviewed by the Supreme Court. The Special Rapporteur applauds this
reform but expresses great concern at recent reports alleging that drug offenders are often
deprived of basic due process and fair trial rights. The violations include long periods of
incommunicado and pretrial detention and lack of adequate access to a lawyer and/or to a
proper defence. The reports also indicate that drug offenders are subjected to beatings and
coerced confessions which are later used in revolutionary courts to secure their death
sentences. In some cases judges reportedly convicted and sentenced drug offenders to death
based on their “intuition”, and despite what appeared to be a lack of evidence. 21 In his most
recent report to the General Assembly (A/70/411), the Special Rapporteur discussed his
meetings with government officials in September 2015 to discuss the impact of the law on
the country’s human rights situation, particularly its impact on the Government’s use of
capital punishment. He has also repeatedly expressed his concern regarding the execution
of non-violent drug offenders. In its response, the Government refutes allegations regarding
abuse of due process and fair trial rights against individuals convicted of drug-related
crimes, including reports that judges sentenced drug offenders to death based on their
“intuition”, and claims that such assertions are false and biased.
32.
Some government officials have increasingly voiced their belief that the country’s
Anti-Narcotics Law requires reconsideration, owing in large part to its ineffective deterrent
effects and to increasing international criticism of the country’s human rights record.22 The
Head of the High Council for Human Rights in the Islamic Republic of Iran, Mohammad
Javad Larijani, was recently quoted as saying, “My personal opinion is that there should be
some practical changes to the laws related to the fight against drugs. This has to go through
the legislative process but until then Westerners should respect our current laws.”23 On 27
December 2015, in a panel discussion at Sharif University, Mr. Larijani asserted that 93 per
cent of the executions in the country were for drug-related crimes, that the death penalty
had not led to a significant decrease in drug-related crimes and that the policy must be reevaluated.
33.
In December 2015, 70 members of parliament presented a bill that, if approved by
the legislature and the Guardian Council, would reduce the punishment for non-violent
drug-related crimes from death to life imprisonment. The bill was introduced in parliament
for review on 11 January 2016.24 While reserving judgment on the particulars of the bill, the
Special Rapporteur welcomes attempts to reduce the staggering number of executions in the
country and appreciates the Government’s willingness to re-evaluate existing law with
consideration for its human rights obligations.
21
22
23
24
See www.hrw.org//news/2015/12/16/iran-bid-end-drug-offense-executions.
See www.mehrnews.com/news/2995003/ (in Persian).
See www.iranhumanrights.org/2015/12/bill-to-end-death-penalty-for-drug-crimes/.
See www.farsnews.com/13941021000764.
9
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