not reasonably foreseeable.”6 The lack of precision and clarity concerning crimes of moharebeh
provides judges with broad interpretive discretion and does not satisfy the principle of nulla
poena sine lege (principle of legality).
The Article 90 Commission of the Parliament investigates complaints from citizens made against
the operations of the Parliament itself, the executive and the judiciary. 7 There is no readily
available information indicating the number of death penalty complaints, from moharebeh
convictions, that are received and investigated by the Article 90 Commission.
The death penalty on charges of moharebeh still occur in the Islamic Republic of Iran. In 2018,
reportedly 38 individuals were executed on charges of moharebeh, corruption on earth and
rebellion.8 9
Recommendation Status:
This recommendation has NOT been implemented.
6
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/1_Global/CCPR_C_GC_36_8785_E.pdf
Iran Human Rights Documentation Center, https://iranhrdc.org/internal-regulation-on-the-commission-of-article-90-of-theconstitution/
8 https://iranhr.net/media/files/Rapport_iran_2019-GB-BD.pdf
9 See more : One Person’s stories Abdorrahman Boroumand Center, https://www.iranrights.org/search?query=moharebeh
7
2