A/HRC/31/69 A. Islamic Penal Code 11. A revised version of the Islamic Penal Code was implemented in early 2013 for an experimental period of five years. If properly implemented, the amended provisions will remedy some of the problems raised with the Government by the human rights mechanisms, including concerns raised by Member States during the universal periodic reviews held in 2010 and 2014. The Special Rapporteur notes, however, that many other provisions violate the international obligations of the Islamic Republic of Iran and that the code continues to facilitate serious abuses perpetrated by government officials. 12. In terms of positive amendments, the Special Rapporteur notes that new provisions of the Islamic Penal Code provide for a more narrow application of anti-terrorism laws, restricting the use of the death penalty to individuals who have carried out armed activities (arts. 279-288); introduce a statute of limitations for various crimes (arts. 105-113); stipulate that individuals convicted on multiple charges shall serve no more than the maximum sentence for the charge carrying the heaviest penalty (art. 134); and allow judges to exercise their discretion in releasing prisoners on good behaviour and in issuing alternative sentences instead of prison terms (arts. 64-87). 13. In practice, many of these provisions either explicitly exclude individuals charged with national security crimes or are reportedly not applied in such cases. The Special Rapporteur has also documented cases since 2013 where authorities failed to observe article 134 of the Islamic Penal Code, which limits sentences for individuals charged with multiple offences to the maximum sentence for the most serious charge. However, the Government disputes allegations that authorities fail to faithfully observe and properly implement article 134. 14. The Special Rapporteur also notes that vague and broadly defined hudud provisions in the Islamic Penal Code, loosely defined as “crimes against God”,1 often criminalize acts that are either not recognized as crimes under international laws and standards or are not considered sufficiently serious to warrant capital punishment. These crimes include insulting or cursing the prophet (arts. 262-263), certain forms of consensual heterosexual and all same-sex relations between adults (arts. 221-241), “sowing corruption on Earth” (art. 266) and apostasy.2 Individuals convicted of some of these crimes are not generally allowed to seek a pardon or have their sentences commuted, in contravention of international law. 15. Punishment for hudud offences in the Islamic Penal Code include amputations (arts. 217-288), flogging and stoning. The Human Rights Committee has determined that these penalties are not compatible with the International Covenant on Civil and Political Rights (see CCPR/C/79/Add.85, para. 9). Rights groups documented at least three amputations in 2015.3 In December 2015, news agencies in the Islamic Republic of Iran also reported that a stoning sentence had been issued by a court in Gilan province for adultery.4 In its response, the Government notes that criminalization of the aforementioned acts is consistent with its interpretation of Islamic law and that the punishments are effective deterrents. It also 1 2 3 4 4 See www.hrw.org/report/2012/08/28/codifying-repression/assessment-irans-new-penal-code. Apostasy is not specifically codified as a crime in the Islamic Penal Code but is a hudud offence under sharia. The judiciary of the Islamic Republic of Iran can issue sentences for apostasy pursuant to article 167 of the Constitution and 220 of the Criminal Procedure Code. See www.iranrights.org/library/collection/142/amputation-and-eye-gouging and www.amnesty.org/download/Documents/MDE1319982015ENGLISH.pdf. See www.darsiahkal.ir/64601/64601 (in Persian).