no readily available information that would indicate the number of cases received, reviewed and
addressed by these institutions. However, executions under the law of qisas reportedly accounted
for nearly 80% of executions in 2019 (or 225 executions),6 suggesting that these avenues of
mediation have little practical effect.
Additionally, when a pardon in exchange for diya has not been granted, the accused’s right to
seek pardon or commutation from the State is violated.
Iranian authorities set a minimum rate of diyah but did not include a maximum rate. With the
opportunity for expensive diyah, there is an increased risk that the accused may be unable to pay
their debt to the victim’s next of kin, even with cash assistance provided by the State.7 As a
consequence, the payment of diyah discriminates against those who are not in a position to buy
their freedom. Additionally, the Penal Code (2013) also stipulates that diyah for murdering a
woman is half that of a man.
The Government of the Islamic of Iran noted that the State was not intervening in the
commutation or pardon of sentences in cases of qisas, which “is only possible on the basis of the
request of the owners of the blood”.8 Ultimately, if the victim’s next of kin does not grant pardon
in exchange for diyah, the sentence must be executed, with no option for the accused to seek
pardon or commutation from the State. In these cases where the diyah pardon is available, there
is no separate and public system for seeking pardon or commutation.
Recommendation Status:
This recommendation has NOT been implemented.
https://undocs.org/en/A/HRC/40/67
6
ECPM/Iran Human Rights: https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420-WEB.pdf
7
ECPM/Iran Human Rights https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420-WEB.pdf
8
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, January 2019,
https://undocs.org/en/A/HRC/40/67
2