Special Rapporteur on the situation of human rights in the Islamic Republic of Iran A/73/398 para 36 Full recommendation: The Special Rapporteur calls upon the Government to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and urges the Government to enact laws prohibiting the punishments of flogging and amputations, as they represent cruel, inhuman or degrading punishments and violate articles 7 and 10 of the International Covenant on Civil and Political Rights. Assessment using Impact Iran human rights indicators1 A. The Special Rapporteur calls upon the Government to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment As of February 2021, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has not been ratified by the Islamic Republic of Iran. During the presidency of Mohammad Khatami (1997-2005), the Iranian government presented a bill to the parliament seeking the ratification of the Convention. The bill was passed by parliament however the Guardian Council, which has the final say on the adoption of laws, rejected the bill. There has been no other attempt to ratify the Convention since then. B. The Special Rapporteur urges the Government to enact laws prohibiting the punishments of flogging and amputations The Penal Code of the Islamic Republic of Iran imposes corporal punishment for a significant number of crimes. Articles 386 to 416 of the Code contain regulations permitting the imposition of a range of punishment under qesas-e ozv (retaliation for injured limb or body part).2 Such punishments include the amputation of limbs, mutilation and blinding. Under Article 278 of the Penal Code, when certain conditions are met,3 the crime of theft can lead to the “amputation of the full length of four fingers of the right hand of the thief […]”.4 In Iran, at least 149 crimes continue to be punishable by flogging, such as: consumption of alcohol, drug use and petty drug 1 CCPR.2.2.S.1; CCPR.7.1.S.1; CCPR.7.1.P.1; CCPR.7.1.P.2; CCPR.7.1.O.1 ; CCPR.7.1.O.2 Islamic Penal Code of the Islamic Republic of Iran (2013), https://rc.majlis.ir/fa/law/show/845048 3 The conditions stipulated under this provision include but are not limited to the following: “The stolen property has a legitimate value”, “the stolen property was placed in herz [a secure place]”, “the thief breached the herz [the secure place]”, and “the theft was not committed in a time of famine” Article 268, Islamic Penal Code of the Islamic Republic of Iran (2013), Iran Human Rights Documentation Center, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/ 4 Article 278 Islamic Penal Code of the Islamic Republic of Iran (2013) Islamic Penal Code of the Islamic Republic of Iran, Iran Human Rights Documentation Center, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/ 2 1

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