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