Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/37/68 para 83
Full recommendation:
Pursuant with commitments made during the special session on the world drug problem, and in
order to fully implement the new amendments to the 1998 drug trafficking law, the Government
should establish a clear and transparent procedure for reviewing the cases of individuals who
have been sentenced to death under the previous drug trafficking law. Such a process should be
transparent, accessible, and follow due process and fair trial guarantees, including effective
representation of defendants.
Assessment using Impact Iran human rights indicators1
The Government of the Islamic Republic of Iran generally classifies drug-trafficking as a serious
offence which at times requires the death penalty. According to the anti-narcotic regulations,
under certain circumstances and claims the death penalty may be considered, as such sentences
are thought to act as an effective deterrent.2 The Government reviewed and amended its AntiNarcotic Law in 2017, which notably reduced the number of crimes that carry the death penalty.
Between 2010 and 2017, 3,224 individuals were reportedly executed for drug-related crimes.3
According to Iranian officials, from 2014 to 2017, between 70% and 80% of executions per year
were related to drug offences.4 The high rate of executions can be explained by the previous
version of the Anti-Narcotic Law which contained a wide-range of crimes that were punishable
by death. For example, under Article 4 of the previous version of the law, a person carrying 5 kg
or more of narcotics could be sentenced to death.
In November 2017, an amendment, made to the law on drug trafficking, entered into force,
replacing the mandatory death penalty with a prison term of up to 30 years for non-violent drugrelated offences and increasing the quantity of drugs required for a death sentence to be imposed.
As a result of the amendment, since 2017, the number of death penalties issued for drug-related
crimes significantly decreased.5 However, mandatory death sentences for numerous drug-related
offences remain and under certain specific circumstances, the law transformed a number of
crimes into capital crimes for first-time offenders. 6
1
CCPR.6.2.S.1; CCPR.6.2.P.2; CCPR.6.2.O.1; CCPR.6.2.O.2
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, September 2016,
https://undocs.org/Home/Mobile?FinalSymbol=A%2F71%2F418&Language=E&DeviceType=Desktop.
3
ECPM, Iran Human Rights, https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420-WEB.pdf
4
https://www.mashreghnews.ir/news/305059/
5
ECPM, Iran Human Rights, https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420-WEB.pdf
6
Drug trafficking law, Articles 8 and 45.
2
1