considerations the application of which is not reasonably foreseeable.”19 The lack of precision
and clarity concerning crimes of moharebeh provides judges with broad discretion in
interpretation and does not satisfy the principle of nulla poena sine lege (principle of legality).
The Article 90 Commission of the Parliament is in charge of investigating complaints from
citizens made against the operations of the Parliament itself, the executive and the judiciary.20
There is no readily available information indicating the number of complaints following the
imposition of the death penalty on charges of moharebeh received and investigated by the
Article 90 Commission.
Although the cases of Habibollah Latifi, Ehsan (Esma’il) Fattahian and Sherko Moarefi have
been raised by the Special Rapporteur on extrajudicial, summary or arbitrary executions, the
Government of the Islamic Republic of Iran did not provide any further information to ensure
that sentences where applied and carried out in compliance with international standards. 21
Reportedly, the three individuals were convicted of crimes that do not satisfy the international
criteria of what constitutes “most serious crimes”, and the accused were not found guilty
beyond reasonable doubt. Without wishing to prejudge the accuracy of these allegations, the
absence of replies from the Iranian Government might well indicate a lack of willingness to
shed light on the cases of Habibollah Latifi, Ehsan (Esma’il) Fattahian and Sherko Moarefi.
Based on available information, the executions of Mr. Fattahian and Mr. Moarefi constitute
arbitrary deprivation of life. While he was reportedly pardoned in 2015, available information
suggests that Mr. Latifi has been in the death row ever since his first trial in 2009. 22
Recommendation Status:
This recommendation has NOT been implemented.
19
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/1_Global/CCPR_C_GC_36_8785_E.pdf
Iran Human Rights Documentation Center, https://iranhrdc.org/internal-regulation-on-the-commission-of-article-90-of-theconstitution/
21
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=19688
22
https://www.en-hrana.org/9th-year-death-row-habibollah-latifi
20
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