A/HRC/28/26
allegedly subjected to prolonged solitary confinement and torture. Reportedly, neither Mr.
Davoodi nor his attorney was present during the trial at which he was sentenced to death.
The case is currently under consideration, given that the Supreme Court overruled the
judgement and ordered a retrial. Furthermore, Hamed Ahmadi, Kamal Malaee, Jahangir
Dehghani and Jamshed Dehghani, all members of the Kurdish community, were at
imminent risk of execution at the end of the period under review. They were reportedly
convicted in 2010 on charges of moharebeh and mofsed fel-arz (corruption on earth)
following trials that fell short of international fair trial standards. 6 The authorities asserted
that these individuals were involved in terrorist activities and were sentenced to death on
the charges of membership in a terrorist group and carrying out armed attacks against the
military establishment.
11.
On 25 October 2014, Reyhaneh Jabbari, who had been sentenced to death for the
alleged murder of Morteza Abdolali Sarbandi, a former employee of the Iranian
Intelligence Ministry, was executed despite repeated appeals by various United Nations
human rights mechanisms. Ms. Jabbari reportedly stabbed Mr. Sarbandi after he allegedly
attempted to assault her sexually. Ms. Jabbari maintained that her actions had been in selfdefence. Serious concerns were raised about due process in this case, in particular that her
conviction had been allegedly based on confessions made under duress and that the court
had apparently failed to take all relevant circumstantial evidence into account.
12.
In their comments on the present report, the authorities disputed the allegation of
sexual assault and stressed that the judgement had been issued after all legal remedies were
exhausted and that due process guarantees had been respected by the judiciary. In order to
prevent the execution, the authorities stayed the execution twice to allow the two families to
reach a settlement. On 31 October 2014, the delegation of the Islamic Republic of Iran
participating in the second cycle of the universal periodic review argued that Ms. Jabbari
had been hanged pursuant to the qisas (retribution in kind) system under Islamic criminal
law, according to which the closest relatives of the victim determine whether the death
penalty should be carried out (A/HRC/28/12, para. 134). It added that the judiciary had
persistently attempted to persuade the victim’s son to forgive the perpetrator, but he had
refused, largely on account of media propaganda. The Iranian authorities consider qisas to
be a private right of the victim’s relatives that cannot be overruled by the judiciary; the
right under international law to seek pardon or to have the sentence commuted is thereby
denied to defendants.
13.
The high incidence of public executions remains a concern. Indeed a spike in
executions was reported in 2014; at least 50 public executions were reportedly carried out
from January to the end of November, with the majority reportedly attended by a large
crowd, including minors. Footage of executions is reportedly broadcast by the media, a
practice that until 2014 was banned (A/HRC/22/48, para. 19). The authorities argue that
public executions are aimed at deterring crimes, and that only a few cases have caused
public outrage. The argument that public executions are an effective crime deterrent,
however, disregards the deleterious effect on people, in particular children, who witness
such scenes.
2.
Execution of juvenile offenders
14.
While the Islamic Penal Code, which came into force in June 2013, creates a more
favourable environment for the implementation of juvenile justice standards for children in
conflict with the law, it does not preclude juvenile executions fully. At least 160 juvenile
offenders were reportedly on death row as at December 2014. According to the Special
6
OHCHR, “Iran: Execution of juvenile offenders breaches international law – Pillay”, 26 June 2014.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents