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

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