adultery,5 for certain cases of consensual same-sex intercourse between men6 or for vaguely
defined offences such as moharebeh (“enmity against god”)7 and efsad-e fel-arz (“corruption on
earth”).8 In 8 July 2020, Morteza Jamali was executed in Mashhad Central Prison after he was
convicted of alcohol consumption for the fourth time.9 In April 2021, two men were sentenced to
death for insulting the prophet.10
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 drugrelated 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
transformed a number of crimes into capital crimes for first-time offenders in specific
circumstances. 11 In 2019, reportedly 30 individuals were executed on drug-related charges.12
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.13
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. Iran does
not have any administrative processes or independent human rights monitoring mechanisms in
place that ensure the prohibition of capital punishment.
Between January 2015 and December 2018, the Islamic Republic of Iran reportedly executed at
least 2,303 people.14 Reports received by OHCHR indicated a decrease in the number of
executions between 2017 and 2018 (437 in 2017 compared to 207 in 2018).15 On the other hand,
5
Islamic Penal Code, articles 136 and 225, English translation, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-newislamic-penal-code/
6
Islamic Penal Code article 234, English translation, Iran Human Rights Documentation Center, https://iranhrdc.org/englishtranslation-of-books-i-ii-of-the-new-islamic-penal-code/
7
Islamic Penal Code article 279, English translation, Iran Human Rights Documentation Center, https://iranhrdc.org/englishtranslation-of-books-i-ii-of-the-new-islamic-penal-code/
8
Islamic Penal Code article 286, English translation, Iran Human Rights Documentation Center, https://iranhrdc.org/englishtranslation-of-books-i-ii-of-the-new-islamic-penal-code/
9
https://iranhr.net/en/articles/4312
10
https://iranhr.net/en/articles/4710/
11
Drug trafficking law, articles 8 and 45.
12
ECPM, Iran Human Rights, https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420-WEB.pdf
13
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.
14
Amnesty International, https://www.amnesty.org/download/Documents/MDE1305732019ENGLISH.PDF
15
Report of the Secretary General on the situation of human rights in the Islamic Republic of Iran, February 2019,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G19/028/77/PDF/G1902877.pdf?OpenElement
2