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