Special Rapporteur on extrajudicial, summary or arbitrary executions A/HRC/23/47/Add.5
para 52
Full recommendation
The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its reply. He
notes with concern that the charges brought against Mr. Aref Hamediyan (Aref Hamidian) are
drug-related and, therefore, do not constitute most serious crimes under international human
rights law standards regarding the death penalty. As a consequence, the Special Rapporteur
urges the Government to commute without delay the death sentence against Mr. Aref Hamediyan
(Aref Hamidian). He would also appreciate to receive additional information from the
Government on the progress of the judicial proceedings in this case, and the conformity of each
of their stages to international human rights law standards regarding fair trial and due process
guarantees.
Assessment using Impact Iran human rights indicators1
The death sentence of Mr. Aref Hamediyan (Aref Hamidian), an Arab civil activist arrested in
2010, was upheld by the Supreme Court in April 2012.2
Regarding the progress of judicial proceedings for the case of Mr. Aref Hamediyan (Aref
Hamidian), reports suggest that all stages were not in conformity with international standards.
According to a family member, Mr. Aref Hamediyan (Aref Hamidian) was kept in solitary
confinement for six months where he was interrogated. He was denied legal assistance at the
early stages of his detention and could not choose a lawyer throughout the judicial proceedings.
His family was informed of the Supreme Court’s decision to uphold the death sentence through
local media.3 According to the family of Mr. Aref Hamediyan (Aref Hamidian), his parents then
tried to appeal the Supreme Court’s decision in Tehran, however, the language barrier prevented
them from doing so (they speak Arabic, judicial proceedings in Tehran are done in Persian).4
Additionally, there have been allegations of torture during Mr. Hamediyan’s detention. These
allegations.5
Mr. Aref Hamediyan (Aref Hamidian) was convicted in 2012 on drug-related charges under the
Anti-Narcotic law, which was amended in 2017. Notably, the previous version of the law, under
which Mr. Hamediyan was prosecuted, provided sentences such as the death penalty for persons
1
CCPR.6.1.S.1; CPPR.6.2.S.2; CCPR.14.3.S.4
CCPR.6.2.P.2; CCPR.14.3.P.4
CCPR.6.1.O.1; CCPR.6.2.O.4
2
Radio Zamaneh: <https://www.radiozamaneh.com/42324 >
3
Human Rights Activists in Iran: < https://www.hra-news.org/2012/hranews/1-10642/ >
4
Human Rights Activists in Iran: < https://www.hra-news.org/2012/hranews/1-10642/ >
5
https://www.hra-news.org/2012/hranews/1-10642/
1