C. The Special Rapporteur urges the authorities to reconsider laws that render acts not
considered to be crimes under international law capital offences.
As described above, the Islamic Republic of Iran continues to sentence acts, that are not
considered to be crimes under international law capital offences, with the death penalty. In fact,
the Islamic Republic of Iran punishes, with the death penalty, acts that are not considered crimes
at all under international law. For example, the death penalty may be applied in certain cases of
consensual same-sex intercourse between men.21
Although the Islamic Republic of Iran reviewed its anti-narcotic laws, as mentioned above, it
continues to execute individuals for drug-related crimes, in contradiction with international
human rights standards. On 8 July 2020, Morteza Jamali was executed after he was convicted of
alcohol consumption for the fourth time in Mashhad Central Prison.22 In April 2021, two men
were sentenced to death for insulting the prophet.23 Apart from this limited development, the
Islamic Republic of Iran has not reconsidered laws that render acts not considered to be crimes
under international law capital offence.
D. The Special Rapporteur appeals to the Government to abandon piecemeal reforms
and to immediately and unconditionally prohibit the execution of juvenile offenders,
defined as individuals under 18 years of age at the time they committed a capital
offence.
The Islamic Penal Code (2013)24 establishes the age of criminal responsibility at 9 lunar years
for girls and 15 lunar years for boys.25 However, the age of responsibility for ta’zir crimes
(crimes for which fixed penalties are not provided in Islamic law giving the judge discretion as to
the sentence imposed) is 18 years for all children. In these cases, convicted children are
sentenced to correctional measures. In contrast, criminal responsibility for crimes punishable by
hudud (punishments fixed by God) or qisas (punishment or retribution in kind), which carry
mandatory punishments such as death, is maintained at the age of “maturity” that is 9 and 15
lunar years for girls and boys respectively.
21
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/
22
https://iranhr.net/en/articles/4312
23
https://iranhr.net/en/articles/4710/
24
Article 146 and 147, Islamic Penal Code (2013), English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
25
Article 1210, note 1
4