Special Rapporteur on extrajudicial, summary or arbitrary executions A/HRC/29/37/Add.5
para 40
Full recommendation:
The Special Rapporteur thanks the Government for its response, in which it is indicated that the
case was under reconsideration and the final verdict had to be issued. Therefore, he would like
to urge the Government of the Islamic Republic of Iran not to execute Ms. Razieh Ebrahimi.
Assessment using Impact Iran human rights indicators1
According to the Government of the Islamic Republic of Iran, Ms. Razieh Ebrahimi was tried for
the murder of her husband when she was 17 years old and sentenced to qisas (retribution in
kind), in this case the death penalty. The sentence as upheld by the Appeal Court. The Supreme
Court ordered a retrial of the case, which was under reconsideration in 2015.2 There is no
readily available information as to the current status of Ms. Razieh Ebrahimi’s case, specifically
whether the death sentence has been confirmed.
The Islamic Penal Code (2013)3 establishes the age of criminal responsibility at 9 lunar years for
girls and 15 lunar years for boys.4 However, the age of responsibility for ta’zir crimes (crimes for
which fixed penalties are not provided in Islamic law giving the judge discretion as to the
sentence imposed) is 18 years for all children. For these crimes, convicted children are sentenced
to correctional measures and alternative punishments. In contrast, criminal responsibility for
crimes punishable by hudud (punishments fixed by God) or qisas, which carry mandatory
punishments such as death, is maintained at the age of “maturity” that is 9 lunar years for girls
and 15 lunar years for boys.
In cases of qisas (retribution-in-kind) for murder, Articles 381 of the Islamic Penal Code (2013)
prescribe the death penalty punishment, if the victim's family chose to do it. 5 According to Article
347 of the same law, the holder of “the right to retaliation” may, at any stage of the prosecution,
trial or execution of the sentence, forgive “the right”, free of charge or in exchange to compromise.
The responsibility for choosing the punishment is placed on the victim’s family or next of kin by
the state. They can choose retaliation by the death penalty, accept monetary compensation called
diya (blood money) or to forgive the defendant. Where the next of kin choose retribution, the

1

CCPR.6.5.S.1
CCPR.6.5.P.1
2
Islamic Republic of Iran’s reply to Communication IRN 11/2014,
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32729
3
Article 146 and 147, Islamic Penal Code (2013), English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
4
Article 1210, note 1 Civil Code of the Islamic Republic of Iran
5
Islamic Penal Code: https://shenasname.ir/subjects/salamat/1571-mojazat92

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