consensual same-sex intercourse between men4, some cases of adultery,5 drug related crimes, or for vaguely defined offences such as moharebeh (“enmity against god”)6 and efsad-e fel-arz (“corruption on earth”).7 The Human Rights Committee explicitly stipulated that the imposition of the death penalty cannot “be based on vaguely defined criminal provisions, whose application to the convicted individual would depend on subjective or discretionary considerations the application of which is not reasonably foreseeable.”8 The lack of precision and clarity about the crime of moharebeh, for instance, grants judges with broad discretion. Iranian authorities do not publish statistics on the number of executions or details of crimes that were sentenced with the death penalty. Iranian officials rarely and inconsistently report incomplete data on executions conducted in the country. 9 However, NGOs reported, between January 2015 and December 2019, at least 2,572 executions, 972 solely for the year 2015.10 Reports received by 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). 11 Iran Human Rights and ECPM reported that the Islamic Republic carried out at least 273 executions in 2018, 280 in 2019, and 267 in 2020.12 The Islamic Republic of Iran has not declared a moratorium on the use of executions for all crimes not considered “most serious” under international law. B. The Special Rapporteur calls on the authorities to consider working with international and national stakeholders to amend its anti-narcotics laws in line with international human rights conventions to which the Islamic Republic of Iran is a party. The Government of the Islamic Republic of Iran generally considers drug-trafficking a serious offence requiring the death penalty under certain circumstances and claims its anti-narcotic regulations and heavy sentences act as effective deterrents.13 However, the Government reviewed and amended its anti-narcotic law in 2017, notably reducing the number of crimes that can be sentenced with the death penalty. Between 2010 and 2017, 3,224 individuals were 4 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/ 5 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/ 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 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.html 9 ECPM, Iran Human Rights, https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420-WEB.pdf 10 ECPM, Iran Human Rights, https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420-WEB.pdf 11 Report of the UN Secretary General on the situation of human rights in the Islamic Republic of Iran, February 2019, https://undocs.org/Home/Mobile?FinalSymbol=A%2FHRC%2F40%2F24&Language=E&DeviceType=Desktop 12 https://iranhr.net/media/files/Rapport_iran_2021-gb-290321-BD.pdf 13 Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, September 2016, https://undocs.org/Home/Mobile?FinalSymbol=A%2F71%2F418&Language=E&DeviceType=Desktop. 2

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