A/HRC/34/40
reportedly often compelled to describe their consensual sexual activity as rape in order to
avoid such a sentence.
20.
Judgments imposing the death penalty on individuals under the age of 18 and the
implementation of such judgments are incompatible with the international obligations of the
country under the International Covenant on Civil and Political Rights and the Convention
on the Rights of the Child.
21.
The Secretary-General recalls that during its first universal periodic review, the
Islamic Republic of Iran accepted a recommendation to consider the abolition of juvenile
executions. The Secretary-General urges the Government to halt the execution of children
in conflict with the law and to undertake a special review of the cases of persons on death
row for crimes committed when they were under the age of 18, with a view to commuting
or quashing their death sentences altogether.
B.
Torture and other cruel, inhuman or degrading treatment or
punishment
22.
The Secretary-General remains concerned about the persistent practice of torture and
ill-treatment in the Islamic Republic of Iran. The judiciary continues to sentence people,
contrary to international human rights standards, to cruel, inhuman and degrading
treatment, such as amputation of limbs, blinding and flogging in accordance with the
provisions of the Penal Code.
Flogging, blinding and amputation
23.
A wide range of acts considered as crimes under the Penal Code are punishable by
flogging, including the consumption of alcohol and drugs, petty drug dealing, theft,
adultery, “flouting” of public morals, illegitimate relationships and mixing of the sexes in
public. Children can also be sentenced to this type of ill-treatment. The Secretary-General
does not share the view of the Government, which argues that Islamic punishments are
effective deterrent penalties and more humane in comparison with long-term imprisonment.
24.
Between May and December 2016, 35 students who were holding a graduation party
near the city of Qazvin, a blogger and writer accused of spreading lies and “disturbing
public opinion”, a theatre actor charged with “improper relations with the opposite sex” and
nine goldminers from the company Agh Dare were reportedly subjected to flogging.
25.
On 23 November 2016, Keywan Karimi, a prominent Kurdish filmmaker, was orally
summoned to present himself to receive a flogging sentence of 223 lashes. He was
sentenced in October 2015 to six years’ imprisonment on the charge of “insulting Islamic
sanctities” in connection with a music video clip the authorities found on his hard drive,
and to 223 lashes on the charge of “illicit relations falling short of adultery” for shaking
hands and being under one roof with a female friend who had not covered her head and
neck. In their comments on the present report, the Iranian authorities indicated that the
sentence of flogging had been removed from the final verdict on Mr. Karimi.
26.
Official Iranian media, including the Iranian Students News Agency, reported that in
November 2016, in a prison near Tehran, authorities blinded a man from Qorveh (Kurdistan
Province). Three cases of forced blinding were reported in 2015. In December 2016, finger
amputation sentences for two men detained in Urmia prison on charges of robbery were
carried out. Seventy other prisoners, who were probably convicted of similar charges, were
allegedly forced to watch the sentence being carried out. 8
27.
The Secretary-General recalls that sentences of flogging, blinding or amputation
violate the absolute prohibition of torture and other cruel, inhuman or degrading treatment
or punishment, contained notably in the International Covenant on Civil and Political
Rights. The Secretary-General encourages the Government to review its position
8
See www.hra-news.org/2016/hranews/a-9009/.
5
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