A/HRC/22/48
images without his knowledge. He was sentenced to death on charges of “insulting and
desecrating Islam”. He was allegedly held in solitary confinement and subjected to torture
in Evin prison for over a year.
11.
The judiciary continue to impose flogging and amputation as sentences. On 23
November, the Head of the Yazd judiciary reported the amputation in public of four fingers
of two robbers. On 28 October, the judiciary in Fars announced the sentencing of a person
accused of armed robbery to the amputation of his left hand and foot. 7 On 24 October, a
man accused of committing adultery was publicly punished with 99 lashes, in Qaimshahr. 8
The authorities argue that flogging and amputation are sanctioned under Islamic law, are
effective in deterring crime, and thus do not qualify as torture or cruel, inhuman or
degrading treatment. In contrast, the United Nations human rights mechanisms, in
particular the Human Rights Committee considers any form of corporal punishment
incompatible with article 7 of the International Covenant on Civil and Political Rights,
hereinafter, “the Covenant” (see A/HRC/13/39/Add.5). Infliction of punishments such as
amputation not only leads to physical disability but may cause lifelong psychological
damage. Without exception such punishment has a degrading and humiliating component,
and is compounded by social stigma and diminished physical capacity over a lifetime.
B.
The death penalty and executions of juvenile offenders
12.
The Islamic Republic of Iran continues to retain the death penalty in both law and
practice. It has neither abolished the death penalty nor introduced a moratorium for crimes
such as drug offences that do not meet the threshold of “most serious crimes” which are the
only ones to which, under international human rights law, the death penalty should be
applied, in countries that have not abolished the death penalty (art. 6, para. 2, of the
Covenant). In a report to the sixty-seventh session of the General Assembly (A/67/275), the
Special Rapporteurs on the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health, and on torture and other cruel, inhuman or
degrading treatment or punishment endorsing the view of the Special Rapporteur on
extrajudicial, summary or arbitrary executions stressed that drug offences fall short of the
threshold of the “most serious crimes” for which the death penalty is permissible under
international human rights law (para. 57). The latter further argued that States cannot
invoke national legislation or other domestically oriented reasoning to justify drug-related
crimes as being “most serious crimes” (para. 59).
13.
In recent years, the number of drug-related executions in the Islamic Republic of
Iran has grown as part of the country’s efforts to combat drug trafficking. The introduction
and entry into force of a new anti-narcotics law in January 2011 has further exacerbated the
situation. The law not only provides mandatory death sentences for the head of drug gangs
or networks, but introduces the death penalty for trafficking or possession of more than 30
grammes of crystal meth, like other psychedelic substances such as crack and heroin.
Furthermore, drug smugglers are also deprived of the right to appeal against the death
penalty (see A/HRC/21/29, para. 25, and A/66/361, para. 12).
14.
Drug-related executions accounted for over 80 per cent of the over 1,000 executions
reported to have been carried out from January 2011 to December 2012. These include the
execution of 16 individuals in one day on 7 November 2012. Despite the aggressive
campaign of drug-related executions, there is no evidence to suggest that the death penalty
7
8
See http://isna.ir/fa/news/91082314652 (in Persian) and
www.mehrnews.com/fa/newsdetail.aspx?newsid=1730063 (in Persian).
See www.farsnews.com/newstext.php?nn=13910803000642 (in Persian).
5
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