adultery,4 for certain cases of consensual same-sex intercourse between men5 or for vaguely
defined offences such as moharebeh (“enmity against God”)6 and efsad-e fel-arz (“corruption on
earth”).7 The Human Rights Committee explicitly stipulated that the imposition of the death
penalty cannot “be based on vaguely defined criminal provisions, whose application to the
convicted individual would depend on subjective or discretionary considerations the application
of which is not reasonably foreseeable.”8 The lack of precision and clarity around what can
constitute a crime of moharebeh, for instance, grant judges with wide and discretionary
interpretative powers.
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 drug-related
offences and increased the quantity of drugs required for a death sentence to be imposed. However,
mandatory death sentences for numerous drug-related offences were retained and the amendment
transformed a number of crimes into capital crimes for first-time offenders in specific
circumstances. 9 In 2019, reportedly 30 individuals were executed on drug-related charges.10 The
Human Rights Committee has consistently underscored that drug-related offences do not meet the
threshold of “most serious crimes” and that the death penalty should not be applied to them.11
Despite the existence of several means and mechanisms that accept complaints regarding the
violation of rights in Iran, such as the Judge’s Disciplinary Court, the Article 90 Parliamentary
Commission and, in general, any appeals courts including the Supreme Court, there is little
evidence to suggest that these complaints are properly investigated and adjudicated.
Between January 2015 and December 2018, the Islamic Republic of Iran reportedly executed at
least 2,303 people.12 Reports received by OHCHR indicated a decrease in the number of
executions between 2017 and 2018 (437 in 2017 compared to 207 in 2018 for the same period). 13
The Islamic republic carried out at least 273 executions in 2018, 280 in 2019, and 267 in 2020.
4
Islamic Penal Code (2013), Articles 136 and 225, English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
5
Islamic Penal Code (2013), Article 235, English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
6
Islamic Penal Code (2013), Article 279, English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
7
Islamic Penal Code (2013), Article 286, English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
8
UN Human Rights Committee (HRC), General comment no. 36, Article 6 (Right to Life), 3 September 2019, CCPR/C/GC/35,
available at: https://www.refworld.org/docid/5e5e75e04.html
9
Drug trafficking law, arts. 8 and 45
10
ECPM, Iran Human Rights, https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420-WEB.pdf
11
CCPR/C/PAK/CO/1, para. 17; CCPR/C/THA/CO/2, para. 17; CCPR/C/KWT/CO/3, para. 22; A/71/372, para. 48; and Human
Rights Committee, general comment No. 36.
12
Amnesty International, https://www.amnesty.org/download/Documents/MDE1305732019ENGLISH.PDF
13
Report of the UN Secretary General on the situation of human rights in the Islamic Republic of Iran, February 2019,
https://undocs.org/Home/Mobile?FinalSymbol=A%2FHRC%2F40%2F24&Language=E&DeviceType=Desktop
2