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.24
The Islamic Republic of Iran has amended its Anti-narcotic Law but has not replaced all death
penalties for drug-related offences by penalties which comply with relevant international
standards.
E. The Government should also put an end to public executions
Article 499 of the revised Code of Criminal Procedure (2015) generally prohibits the execution
of punishments, including execution, flogging and stoning, in public, but allows the judge or the
prosecutor to order otherwise if deemed preventive.25 The preventive effect, and supposed
benefit, of public executions is considered common knowledge among judges who support such
practice.26
In 2008, then-head of the Judiciary, Ayatollah Shahroudi, issued a directive entitled the Public
Prohibition of Execution,27 effectively banning public executions. However, directives and
circulars are not considered as law. Public executions are still practiced in the Islamic Republic
of Iran and every year a number of public executions are recorded. In 2019, 13 individuals were
reportedly executed in public spaces in Iran.28
According to the latest regulations issued by the current head of the Judiciary in 2019, the
presence of persons under 18 years of age at public executions is prohibited, unless the judge
decides otherwise.29
The Human Rights Committee has opined that public executions are contrary to Article 7 of the
International Covenant on Civil and Political Rights30 and therefore inevitably render the
execution arbitrary in nature, thus a violation of Article 6.31
24
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.
25
The Code of Criminal Procedure (adopted in 2013): < https://shenasname.ir/laws/2327-keifari >
26
<https://p.dw.com/p/12Y5C >
27
Hamshahri Newspaper: < https://www.hamshahrionline.ir/news/43036/>
28
ECPM & Iran Human Rights, Annual Report on the Death Penalty in Iran, 2019, https://www.ecpm.org/wpcontent/uploads/Rapport-iran-2020-gb-070420-WEB.pdf
29
Note 2 of Article 43 of the regulation on the Execution of Hudud and Qisas Sentences (Adopted on June 17, 2019): <
http://rrk.ir/Laws/ShowLaw.aspx?Code=18022 >
30
Human Rights Committee, CCPR/CO/72/PRK, para. 13,
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/CO/72/PRK&Lang=En
31
Human Rights Committee, general comment No. 36 (2018) on the right to life, para. 40,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/1_Global/CCPR_C_GC_36_8785_E.pdf
5