Special Rapporteur on extrajudicial, summary or arbitrary executions A/HRC/20/22/Add.4
para 41
Full Recommendation:
In a press release issued on 22 September 2011, the Special Rapporteur, jointly with the Special
Rapporteur on the situation of human rights in the Islamic Republic of Iran, the Special
Rapporteur on the independence of judges and lawyers and the Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment, issued a press statement
in which they condemned the public execution of the juvenile Alizera Molla-Soltani,
expressed concern at the high frequency of drug related executions (see above JUA 20/09/2011
Case No. IRN 12/2011) and reiterated their call for an immediate moratorium on the
death penalty particularly in drug related and juvenile cases.
Assessment using Impact Iran human rights indicators1
There is currently no standing moratorium on the death penalty in Iran.
The death penalty continues to be applied in the Islamic Republic of Iran to a wide range of
offences that do not meet the threshold of “most serious crimes”, in other words, crimes that do
not involve intentional killing, in contravention with Article 6 of the International Covenant on
Civil and Political Rights. 2 3 For example, the death penalty may be applied in some cases of
adultery,4 for certain cases of consensual same-sex intercourse between men5, adultery, rape,
incest, alcohol consumption, military espionage, disruption of the economic system, drug related
offenses or for vaguely defined offences such as moharebeh (“enmity against god”)6 and efsad-e
fel-arz (“corruption on earth”) that do not necessarily involve intentional killing.7 8 9 The Human
1
CCPR.6.2.S.1
CCPR.6.2.P.1 CCPR.6.2.O.2 CCPR.6.5.O.1; CRC.6.1.S.1; CRC.6.1.P.1
2
UN Human Rights Committee (HRC), General comment no. 36, Article 6 (Right to Life), 3 September 2019, CCPR/C/GC/35,
available at: https://www.refworld.org/docid/5e5e75e04.htm
3 ICCPR Article 6(2): https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
4
Islamic Penal Code (2013), Articles 136 and 225, English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
5
Islamic Penal Code (2013), Article 235, English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
6
Islamic Penal Code (2013), Article 279, English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
7
Islamic Penal Code (2013), Article 286, English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
8
The subject of "Qisas" is mentioned in the third book of the Islamic Penal Code, which covers Articles 289 to 537, Articles 301
to 311 (Chapter 3 in Part I, Book III), and Articles 381 to 385 (Chapter II in Book III).
9
The subject of "Hudud" is mentioned in the second book of the Islamic Penal Code, which covers Articles 217 to 288. Among
the crimes under this "title" that could lead to the death penalty are: Adultery (Chapter 1, Section 1 of the Second Book), Articles
224 and 225. Sodomy (Chapter 2, Part 1 of the Second Book), Articles 234 and 236. Insult to the Prophets (Chapter 5, Section 1,
Book 2), Article 262. Theft for the fourth time (Chapter 7, Part 1 of the second book), Article 278. Moharebeh (War against God)
(Chapter 8, Part 1 of the Second Book), Article 282. Corruption on Earth (Chapter 9, Section 1 of the Second Book), Articles 286
and 287.
1