Special Rapporteur on violence against women, its causes and consequences
E/CN.4/2006/61/Add.3 para 73 (e)
Full recommendation:
In order to enhance women’s access to justice through a transparent legal and judiciary reform
it is recommended that the Government: Prohibit by law cruel corporal punishments such as
stoning and flogging.
Assessment using Impact Iran human rights indicators1
The Penal Code of the Islamic Republic of Iran imposes corporal punishment for a significant
number of crimes. Articles 386 to 416 contain regulations allowing the imposition of a range of
punishment under qesas-e ozv (retaliation for injured limb or body part).2 Such punishments
include amputation of limbs, cutting of body parts and blinding. Under Article 278 of the Penal
Code, the crime of theft, when meeting certain conditions,3 is sentenced with “amputation of the
full length of four fingers of the right hand of the thief […]”.4 At least 149 crimes continue to be
punishable by flogging in Iran such as: consumption of alcohol, drug use and petty drug dealing,
theft, adultery, “flouting” of public morals, illegitimate relationships, and mixing of the sexes in
public.5
Although in 2002 then-Head of the Judiciary Ayatollah Shahroudi issued a ban on stoning,6 it
remains a punishment for acts of adultery by a woman and a man who meet the condition of ehsan7
under the Islamic Penal Code (2013).8 In 2007, the Iranian Judiciary confirmed that a man who
had been convicted of adultery 10 years earlier was stoned to death in Qazvin province.9 The
practice reportedly continued despite the issuance of the ban.10 11 In 2013, the spokesman for the

1

CCPR.7.1.S.1; CCPR.7.1.P.1; CCPR.7.1.O.1
Islamic Penal Code of the Islamic Republic of Iran (2013) as referenced in “Flawed Reforms: Iran’s next Code of Criminal
Procedure”, Amnesty International, 2016, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
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/
5
For a list of acts punishable by flogging in Iranian law, see: Abdorrahman Boroumand Center
https://www.iranrights.org/library/document/3643
6
European Parliament Report, 2003, https://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+REPORT+A52003-0334+0+DOC+XML+V0//EN
7
The condition of ehsan is described under Article 226 of the 2013 Islamic Penal Code, English translation, Iran Human Rights
Documentation Center, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
8
Article 225, 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/
9
Radio Farda report: < https://www.radiofarda.com/a/f1_stoning_Iran/401521.html >
10
Iran Human Rights, https://iranhr.net/en/articles/603/
11
Radio Farda report: < https://www.radiofarda.com/a/f7_Stoninig_3_men_in_Iran/479480.html >
2

1

Select target paragraph3