Civil and Political Rights. For example, in Iran the death penalty may be applied in some cases
of adultery,19 for certain cases of consensual same-sex intercourse between men20 or for vaguely
defined offences such as moharebeh (“enmity against God”)21 and efsad-e fel-arz (“corruption on
earth”).22
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 increasing the quantity of drugs required for a death sentence to be imposed.
However, mandatory death sentences for numerous drug-related offences remained and a number
of crimes, in specific circumstances, were transformed into capital crimes for first-time
offenders.23 In 2019, 30 individuals were reportedly executed on drug-related charges.24 The
Human Rights Committee has consistently underscored that drug-related offences do not meet
the threshold of “most serious crimes” and the death penalty should not be applied to them.25
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 Parliament’s Article 90
Commission and, in general, any courts of appeals 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 to ensure the prohibition of capital punishments.
Between January 2015 and December 2018, the Islamic Republic of Iran reportedly executed at
least 2,303 people.26 Reports received by the Office of the United Nations High Commissioner
for Human Rights (OHCHR) indicated a decrease in the number of executions between 2017 and
2018 (437 in 2017 compared to 207 in 2018 for the same period).27 Iran Human Rights and
ECPM reported that the Islamic republic carried out at least 273 executions in 2018, 280 in 2019,
and 267 in 2020.28
While the amended drug trafficking law reduced the number of offences punishable by the death
penalty, the Islamic Republic of Iran still has a wide range of capital crimes. In 2019, Iran was
19
Islamic Penal Code (2013) articles 136 and 225
Islamic Penal Code (2013) article 235
21
Islamic Penal Code (2013) article 279
22
Islamic Penal Code (2013) article 286
23
Drug trafficking law, articles 8 and 45.
24
ECPM, Iran Human Rights, https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420-WEB.pdf
25
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.
26
Amnesty International, https://www.amnesty.org/download/Documents/MDE1305732019ENGLISH.PDF
27
Report of the UN 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
28
https://iranhr.net/media/files/Rapport_iran_2021-gb-290321-BD.pdf
20
4