crimes and punishments not codified by the existing law. The lack of clear and precise substantive grounds for arrest or detention allows for an overly broad, arbitrary interpretation or application of the law.15 Provisions codified under the Islamic Penal Code criminalize a range of activity when they ‘disturb’ the “security of the country” 16 or “spread propaganda against the Islamic Republic of Iran”. 17 These terms are not defined under the Islamic Penal Code, giving the judges wide interpretative powers under these provisions. Furthermore, crimes of moharebeh (enmity against God)18 and efsad-e fel-arz (corruption on earth),19 offences that could carry the death penalty, are not precisely defined in the Penal Code, leaving room for interpretation to the judges. It is left to the discretion of the judge to punish a crime of moharebeh with either the death penalty, crucifixion, amputation of the right arm and the left leg, or banishment.20 In its National Report to the Universal Periodic review in 2019, the Islamic Republic of Iran reported that it carried human rights training for judges, judicial officers and administrative staff “on the rights of the child, the rights of persons with disabilities, the prohibition of torture and ill-treatment and he confronting against domestic violence” as well as training courses on citizenship rights.21 However, there is no readily available information indicating the content of such trainings and how they may ensure that all verdicts reached are in compliance of all the rights and principles laid down in the International Covenant on Civil and Political Rights. The absence or lack of clarity and precision of offences provided under Iranian law grant judge with wide interpretative powers which undermine the legality of their decision and legal certainty. Judges have reportedly been using these shortcomings to interpret laws subjectively22 and in contravention with the rights laid down in the International Covenant on Civil and Political Rights.23 Recommendation Status: This recommendation has NOT been implemented. 15 HRC, General Comment 34, para. 22, available at www.refworld.org/docid/4ed34b562.html Article 498 Islamic Penal Code (2013), English translation, Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/ 17 Article 500 Islamic Penal Code (2013), English translation, Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/ 18 Article 279 of the 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/ 19 Article 286 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/ 20 The Islamic Penal Code (2013), Articles 282 and 283, English translation, Iran Human Rights Documentation Center, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/ 21 National Report, Islamic Republic of Iran, UPR 2019, https://undocs.org/A/HRC/WG.6/34/IRN/1 22 HRANA <https://www.en-hrana.org/lawyer-sues-clients-trial-judge-citing-abuse-of-criminal-procedure-code> 23 See more: Joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights Document Center, Impact Iran and Human Rights Activists in Iran, 2020, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf 16 3

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