Reports have shown that police and judges often consider domestic violence as internal family
matters.63 Police intervention has been reportedly discouraged and parties urged to settle out-ofcourt. 64 65 State institutions and Iranian authorities have been reportedly unwilling to investigate,
punish perpetrators and provide social services to victims of sexual assault or rape.66
Reports of cases of violence against women have shown that there is a general lack of
accountability for perpetrators. 67 68 69Victims wishing to file a complaint for domestic violence
must present two adult male witnesses to the assault, an evidentiary burden difficult to meet -if
not impossible.70 Further, a woman can be given permission to leave the marital house only if
she can prove to a court a significant risk of bodily harm or threat to her life and safety.71 When
perpetrators are convicted, sentences tend to be a payment of diyah (financial compensation)72
unless the offence is found to have disrupted public order and the safety of society, in which case
prison may be imposed.73 Additionally, the absence of laws providing for the issuance of
restraining orders puts victims under the risk of abusers’ retaliation. In October 2018, a woman
was reportedly murdered by her brother at the hospital where she was hospitalized after he
stabbed her.74
D. The Islamic Republic of Iran should also ensure that a husband is not exempted
from punishment for voluntary manslaughter, in the event that he murders his wife
on suspicion of adultery
Article 630 of the Islamic Penal Code (2013) allows husbands to commit murder against their
wife if the husband catches their wife committing a zina offence (adultery and fornication) with
another man.75 Article 1105 of the Iranian Civil Code recognizes the husband as the head of the
63
2019 Country Reports on Human Rights Practices: Iran, U.S. Department of State, https://www.state.gov/reports/2019country-reports-on-human-rights-practices/iran/
64
UN General Assembly, ‘Situation of human rights in Iran’ (para 32), 31 August 2015,
https://undocs.org/Home/Mobile?FinalSymbol=A%2F70%2F352&Language=E&DeviceType=Desktop
65
Australian Department of Foreign Affairs and Trade, Country Information report, Iran, 2020,
https://www.dfat.gov.au/sites/default/files/country-information-report-iran.pdf
66
Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/
67
Center for Human Rights in Iran, 2019, https://iranhumanrights.org/2019/11/stop-violence-against-women/
68
Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/
69
Human Rights Activists News Agency, https://www.en-hrana.org/articles
70
“The standard [of proof] for testimony in all offences shall be two male witnesses; unless in zina, livat, tafkhiz, and mosaheqeh
which shall be proved by four male witnesses” Article 199 of the Islamic Penal Code (2013), Iran Human Rights Documentation
Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/
71
Amnesty International, 2015, https://www.amnesty.org/download/Documents/MDE1311112015ENGLISH.pdf
72
Amnesty International, 2015, https://www.amnesty.org/download/Documents/MDE1311112015ENGLISH.pdf
73
Article 614, Islamic Penal Code (2013), Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-ofthe-islamic-republic-of-iran-book-five/
74
Center for Human Rights in Iran, 2018, https://iranhumanrights.org/2018/11/iran-must-pass-legislation-to-protect-womenagainst-violence/ ; https://bit.ly/38U58jm
75
Iran Human Rights Documentation Centre https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
6